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Home My WebLink AboutC2006-572 - 12/12/2006 - Approved~~ King-Isles, Ine. S P E C I A L P R O V I S I., ~. _. S P E C I F I C A T I O N S 20U6-;72 -' 12! 12 /06 ti12006-402 A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R 1i1C~.iJ~RID~rE R~QAD ~I~ R~F ` LNV ENGINE~RING Consulting Engineers 801 Navigation, Suite 30~ Carpus Christi, Texas 784E'~i Phone: 361-883-1984 Fax: 361-883-1986 FOR City of Corp~ts Christi Phone: 361.-~~80-3500 Fax: 361-880-3501 ~.~,.~~~.~ ~~ PA~D~T N0:2197 ~rww~..r D: NG NO:THD 170 WOOLDRIDGE ROAD BRIDGE REPLACEMENT PROJECT NO. 219'7 Table of Coetents NOTIE~ TO BIDDERS (Re~vised 10/21/98} NOTIf~ TO CONTRACT(]-RS - A Insurance Requirements NOTI(~ TO CONTRACTaRS - B 1RVorket's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAI, pROVI~IONS A-1 'Fime apcl Place of Receiving Proposais/Pre-Bid Meeting A-2 Drefinit~ans and Abbreviations A-3 I~escrip~on of Project A-4 11~ethod of Award/Expl~nation of Bid Items A-5 Iterns to be Submitted v~+ith Praposal A-6 T~ne of Completion/Liquidated Damages A-7 V~orke~ Compensation Insurance Coverage A-8 F*~aced PEroposals ~-9 ~~ov~t~gment of A~denda A-10 V~age I~tes A-~ 1(~operl~on with Public Agencies A-~2 11~inten~mce of Services A-13 A~ea Ac~ss and Traffic Control A-14 C~-nstrt~tion Equipment Spillage and Tracking A-15 E~lcaval~en and Removals A-16 I~iepos~alvage of Ma~erials A-17 Fi~id O~tce A-18 St~edula and Sequence of Construction A-19 C~nstrut3tion Staking A-2Q T~ting ~d Certification A-21 P~ject Signs A-22 11~orit}~vlinority Busirtess Enterprise Participation Policy (Revised 10/98} A-23 I~pecrit~ Required A-24 S~ety B~nds ~ NpT USED (6/11/98) A-26 Su~lerr~tal Insiu-ance ~equirements ~ ~ NOT USED A-28 CcM~:side~ons for Contr~ict Award and Execution A-29 Cc~ttract~'s Field Admir~.siration Staff A-30 Anl~ended "Consideration of Contract" Requirements Table of Contents Page 1 of b _._~... .»w.~~ _..-_..,..,, ..,. ~ ,,.~a.....,....~,,,~,...__~.. ~ .. M_,.V..._ .,~. . ~ _ . ... ,.~_ . __.._..,~. ~ A-31 Ameryded Policy on Extra Work and Change Orders A-32 Amen~ed "Execution of Contraet° Requirements A-33 Condi~tions of Work A-34 Frecedence of Contract Documents NOT USED ~-. A-36 pther ~ubmittals ~~ ' ' NOT USED A-38 ~Vorke~r's Compensation Coverage for Buitding or Construction Projects for Government Entities ' NOT USED A-40 Amend~nnent to Section B-8-6• Partial Estimates A-41 Ozone Advisory ~ A-42 t'~SHA Rules & Regulations ' A-43 Amenaed Indemnifica~on & Hold Hannless (9/98) A-44 Chan~e Orders (4/26/99) a' A-45 ~s-B~ Dimensions ~td Drawings ~ A-45 pisposrtl of Highly Chbrinated Water (7/5/00) A-47 ~Ye-Ca~truction Explt~ratory Excavations (7/5/00) ~~' A-4$ pverh~ti Elecfirical Wires - A-49 Ament~vd "Maintenance Guaxanty" (8/24/00) , .t A-50 newat~ting and Disposal of Groundwater ' A-51 ~lectranic Submittal ofBids A-52 ~alue ~ngineering ~, A-53 I)ust Control Attachrnrtnt I- Bond 2004 Pr~ect Sign Attachrr~6nt II-"Sample" Elec~-onic Submittal of Bids Attach~cnt III- Disclosure of Lobbying Activities Form SPECIAi~, P~;OVISION - FORM FHWA -1273 REQUIRED CONTRACT PROVISI0IVS FEDERi~I, A~ CONSTRUCTION CONTRACTS PART B - G~~tERAL PROVISIONS PART C- FE~RAI, WAGE RATES AND REQUIREMENTS PART S - STA~NDARDS SP~CIFIt'ATIONS Section @22024 Excavati~ and Backfill for Utilities and Sewers ~ Section t~2210Q Select m~erial Section (f26202 Hydrost~c Test~ng of Pressure System -.- Section (~6206 Ductile Iron Pipe and Fittings Section ~621 U Polyvinyl Chloride Pipe Section Q~6402 Water Pipe 5ection {~6411 Gate Vaives for Water Lines Section E1~641 C Fire Hydrants Section fIQ7203 Vacuum Testing of Sanitary Sewer Manhole and Structures ~~ Section (~7205 Fiberglass Manholes Section (I~76I 0 Televised Inspection of Conduits Table of Contents Page 2 of 6 T~ Section 030020 Portland Cement Concrete Sectiott 0554~0 Frames, Grates, Rings and Covers PART T - TECHNICAL SPECIFICATIONS 100 Pt`~parin~ Right of Wav 110 E~eavaii~rn (132) l32 Er~banlc~tent (100x204x210)(400) I50 B~ding 164 Se~ing for Erosion Co~rol (166x168) ~` 166 F~tilizer 168 Vagetative Watering *204 Sp~inkliag *210 Rc~ling 247 Fle~cible Base (204x210~520) *300 As~halts~, Oils, and Emu~ions *301 As~halt ~ntristripping Agents {520) *302 A~-egaMes for Surface Treatrnents (300} 314 E~ulsifi~d Asphalt Trealment (204)(300) 31 b S~f'ace 'Treatments (21 Q~(300}(302)(520) 400 Ex~avati+pn and Backfill ft>r Struchu-e (132)(420)(421) 402 Trm~t-ch E~ccavation Protection 420 Ca~tcrete ~tructures (400~421x427)(440) *421 H~r~flrauii~ Cement Concrete *~124 Pr~ast C~ancrete StructutAees (Fabrication) (420)(421)(440} *427 S~face ~nishes for Cor~ete 432 Ri~rap (~)(421)(42'7)(440) *440 R~forci~t~,g Steel *441 SteMel Str~ctures (420x442)(445) *442 MeRal for ~tructures (441j *445 G~vanizi~tg 450 Ra~ing (4d1)(442)(445) 460 Cot~ugated Metat Pipe (4Q0)(445) Table of Contents Page 3 of 6 462 C4ncrett+ee Box Culverts and Storm Drains (400)(424)(464)(420)(42 i x440} 464 Reinfor~ed Concrete Pipe (400) - 465 11~nhvl~s and Iniets (400}(420}(421)(440){471) 466 Ht~adw~ls and Wingwalis (4Q0)(420x421)(440)(464) *471 Frsmes, Grates, Rings, and Covers(445) ~-~ 49b R~tnovi~tg Structures 500 1V~pbiliz~tion 502 B~ricati~s, Signs, and Traffic Handling " 506 T~mpor~try Erosion, Sedimentation, and Environmental Conttols *520 Weighing and Measuring Equipment 529 Cancrete Curb, Gutter, a~d Combined Curb and Gutter (420)(421)(440) ~' 530 Int~ersec~ons, Driveways, and Turnouts 531 Si~ewaIt[s (420x421)(44(})(530) 618 C~duit "'° *636 A~tminum Signs (643} *643 S~n Ide~tification Deca~s 644 Sn~tall R~dside Sign Supports and Assemblies (421)(440)(441 x442x445)(636x656) ~656 Fai~tndatii~s for Traffic Control Devices (420)(421)(440) 658 D~ineai~r and Object Marker Assemhlies (445) ~, 662 W~rk 7~ Pavement Markings (611 Q) *678 Pa~veme~ Surface Preparation for Markings Special P~visi~n 000-002 Partnering ~ Spe~ial P'~ovision 000-003 Notice to All Bidders , ~pecial P~ovisiAn 0~-004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) ~~' Special P~avisic>n 0(}0-Q06 Standard Federal Equa.l Employment Opporhmity Construction Contract Specifications (Executive Order 11246) Special P~ovisi~ 000-008 Optional Training "~ 3pecial Ptovisian OQO-009 Certification of Nondiscrimination in Employment Special P~visit~n 000-275 Schedule of Liquidated Damages Special Provisic~ 000-461 Qisadvantaged Business Enterprise in Federal-Aid Construction ~ Special P~visiAn 000-xxx Tmportan~t Notice to -Contractor Spe~ial P~ovisi~-n 100-001 Preparing Right of Way Special P~ovisi~ 247-011 Flexible Base ~ Special Pt~visi~ 420-003 Concrete Structures ~pecial F~visi€~ 440-OOi Reinforcing Steel .~,, ~pecial P~visi~ 441-002 Steel Structures Swpecial F~nvisit~ 442-005 1V~tat for Structures ~ Special Ftbvisi~ 465-001 Manholes and Inlets -~ S~ecia~ P~visim 500-002 I~bilization u S~iecial P~visic~t 502-022 Barricades, Signs, and Traffic Handling S~ecial P~t~visic~ 658-006 Delineator and Object Marker Assemblies "" S~ecial S~ecifit~rtion 5018 Incentive for Using Non-Road Diesel Equipment Powered by EPA Tier l, 2 or 3 Diesel Engines in Nonattainment and Affected Counties S~ecial S~ecific,~.ion 512I Geogrid Base Reinforcement "' Special ~iecifial~~Eion 6110 R~flectorized Pavement Markings with Retroreflective Requirements Specifitca~ons ~toted with "*•' are reference spec~ftcations. Tabie of Contents Page 4 of 6 PART W - 1~RAWINGS T`itle Shedt Index of S~eets Typical S~ctions General Ne-tes & Boe Estimate ~ Qoa~ttities Sheet B[idge Su~mary Earthworl~ Qua~ities T~t.AFFIG CON~'~OL PLAN Traffic Ca~trol ~lan STANDA,~D S~EETS *BC (1)-~ ~~ *BC {2}(~3 *BC (3)-03 *BC (4)-~3 ~ *BC (5)-(~3 *BC (6}-03 *BC (7)-0~ ~` *BC {8)-Q3 *BC (9)-0~ *BC (10}~3 '" *BC (11)-~3 *BC (12)-A3 ~ fJADW .~Y D~TAII.S Plan & Pr~'ile ~, Miscella~us D~etails B~IDGE ~ETA~LS ~ Bridge C~~Iss Cu~vert Layout STAIVllA~ S ETS - TY PR 1 SETP-PD ° D~2AINA~ DE~'AILS Drainage ~rea 11~~ & Hydraulic Computation Sheet ~ S~'EiND~~ETS * SCP-MI~ * SCP-i2 _ *PW * II_.-C * II,-H-G .. Table of Contents Page 5 of 6 * ECll TR1#FFI~ TTE1~S Signing attd Pavement Marking Layout .~, STANDAy~D SHEETS * D&OM:{ 1)-4~ * WZ (S'F`f'M)-03 ° ° UTILITY DET S Utility Pl~ and'Profile ""' Waterlin~ Latetytls Waterline Tie-IB Details Sewerline Tie-In Details ~~ S~'AND~t.D S ETS Standard ~ater Details Standard waste~vater Details Electrical Detai~ ;~,~ ENVIRQ~I~AL, Constructi~n Po~lution Mitigatio~ --, S~'AND~D S~EETS * EC{1)-93 -« * EC(2)-93 NOTICE ° AGREEI4~ENT PROPOS~I,ID~LOSURE STATEMENT P~RFOR~AN~E BOND PAYMEi~' B4~D Table of Contents Page 6 of 6 .,.~.,.~..,~.,,. a,~ . ~. ,~_ .,,,... ~_.~,,,,.,,._. _ _ ~. M...._ ,..,. ._ , _ ~ ..~_,.... ..~..._......,_.~.. a_~„_ ~ .~..~....~....,.~ .. ,~,,,„ NOTICS TO BIDDERS ~ NOTICE TO BIDDERS SeaLed proposals, addrr,ssed to the City of CorQus Christi, Texas for: * WOOZ.DF~DGE ROAD BRIDGE REPLACEMENT cons~sts of replacing a 50' existing wooden bridge facility with a five barrel, 12'x10'x70' box culvert with parallel wing walls or. e~eh side. I'his projecY_ also includes 603' of roadway reconstruction, changinq a simple 2-lane, 2)' roadway section with an open ditch storm sewer design r_c~ a 4-lane, SO' sect~.ur: with curb & gutter, tied sidewalks, and a subsurface storm sewer. Als~ included ,~n this project are water and wastewater improvements consistinq of 12° PVC wastewater line, manholes, and 8" and 12" PVC a waterline, together with all appurtenances in accordance with the plans, specificarions, and cor.~tract ciocuments. ~ Bids ~sill be received at the office of the City Secretary until 2:00 p_m. on Wednes~ay, ~ tember 27, 2006 and then publicly opened and read. Any bid received after Closing time wili be returned unopened. ~ A pre-bid ~eeting is scheduled for Tuesday, September 19, 20Q6 beciinninv at 3•00 m. e -bid meetin will convene at the En ineerin Services Main Conference Raom .~rd loor Cit $all 1201 Leo ard Street. The pre-bid meeting will be "' conducted by the City, and wi]1 not include a site visit. A bid bond in the amount of 5~ of the highest amount bid must accompany each ~, propos~l. Failure tc provide the bid bond will constitute a non-responsive propossl which will not be considered. Failure to provide required performance and pag~rmment bonds for ~ontracts over $25, 000. OQ will result in forfeiture of the 5o bid bond to the City as liquidated damages. Bidder's plan deposit is subject ~ to mant~atory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids_ ~ Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and noj100 Dollars ($50.00) as a guarantee of their return in gaod condition within two weeks of bid date. Docume~tts can be obtained by mail. upon receipt of an additional {$10.00) which is _ a non-reiundable postage/handlinq charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and th~ Contractor shall pay not less than the wage rates so shown for each craft or *ype of "laborer," "workman," or "mechanic" empZoyed on this project_ p The City reserves the right tc reject any or all bids, to waive irregularities and to accept the b.id which, in the City's opinion, seems most advantageous to the City ar~d in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R_ Escobar, P.E. Director of Engineering Services 1s/ Armando Chapa City Secretary ..~,..,.... »a.,. .„..,. ....~.,._~._,..~,,,...~..~,,,.,..,_.~... _._~~~.._ ~_......., ~._.......,.o _..~. ~..._..~ _.~......~. .._......~._ n_ _---- --,~. NQTICL TO CONTRACTORS - A NOTICg TO CONTR,ACTO~S - A IN~7RANCS REQUIRI~MENTS Revised May, 2006 A Certificate of Insurance indicating proo£ of coverage in the followin is requfred: 9 amounts T',~`1~S OF IN3IIRA,~Cg 30-Day Nq~ice af Cancellation re all cert~ficaCas 9uired on MINIlE[7M INSIIR2-NC8 COVE1LAGg BO~1y In]uiy and Property Dam~ge PER OCCIIRRSNCB / AGGRBGATE Commercia2 General Liability including: ~• Co~nercial Form ` 2• Pr~mises Operations 3- Explosipn and Colla 4~ Un+dergrdund Hazard Ps~ Hazard 5~ Pr~duct;/ Completed Operations Ha~tard 6• Co~ractual Liability ~ - Brci~ad Fqr~ pro ert g , P Y I)amage Inc~Pend,~nt Contractors 9- Pe~onal Injury AUTt?MOBIL& LIA$~i,i'1'y_ _py~ED NON-OWNgD OR ItENTED WORICERS' CQMPEN$ATION $MPLOYERS' LIAB~LITY PXCE,SS LIA$~LITY F'R~F'6SSIONA~, P07~,t7TION LIABILITY/ ENVI120NMfiNT~I, I~aAI~qENT COVEt2AGE Not lirnited to sudden & acczdental discharge; to incjude long-tern environmental im~,iact for the disposal of contaminants BUILDERS' RISIC INSTALLATIOIri FLO,~t+TER $2,000,000 COMBII~TED SINGLE $1,000,000 COpIBINED SINGLE LIMIT wHICH COMPLIES WITH T'I~E TEXAS WORKERS' COMPENSATION ACT ~ p,~AGRApH II OF THIS EXHIBIT $100,000 $1,000,000 COrqgINED SINGL $2,000,000 COMBINED SINGLE LIMIT ~- REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements ~ REQUIRED X N~T ~QUIRED $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requi.rements ~1 REQUIRED X NOT REQUIRED Page 1 of 2 O The City of Corpus Christi must be named as an additional insured on aIl coverages ~ except work~r's compensation 7.iability coverage_ O The mame ~f the Projec~ must. be listed under "description of operations" on each --~+ certif~cate of insurance. o For each insurance coverage, the Contractor shall obtain an endorsement to the applica~le insurance policy, signed by the insurer, providing the City with thirty ~* (30) c~ays grior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insura~ce policies or coverages which are specified in section B-6-11 or Special Provisions ~ection of the contrac.t. °-~ A completed "Disclosure of Interest" must be submitted with your proposal_ Should you ~ave any questions regarding insurance requirements, please contact the ~ Contra~t A~.aistratos at 880-3500. Page 2 of 2 ~ N((7~TTICL TO CONTRACTORS - B NOTI~E TO CONTRACTQRS - B WORFi..:.~ ' S CO: i= ~~:SATION COVERAGc ; OR " BUILTJING GK C;,NSTRIICTION PROJr.CTS FOR G~.VE~?JN[ENT EN'TITIES . '_~xas law requi_es r_hat -ost contr~ctors, subcc~tr~ctors, and oti-~~r~ ~royiding woric cr ser~r~ces for a City building c~ canstruction prc-ect ::~ust be covere~ by wori:er` s compensation insura~ce, autizorizeti selr-=:surance, or ~n npproved worker's compensa~~~z coverage "' agre~r:~r t . ~~ren if Texas law does :.ot require a contractor, subcontractor or otn~rs p~rforming project services tincluding deliveries to the job sitei ~~ provide 1 of the 3 forms of worker's compensaticn coverage, the C_;y will require such coverage for all individuals ~roviding work or =e~:~ices on this Projec~ at any time, includinc during the t31a1: ~°_:~=IICQ guaranty period. :-~otor carriers which are required to re ~_~r with the Texas Depar~-enL of Transportation under Texas Civil g' -- ~ -- Staci:.~~s Article E675c, and ~hich provicze accide*_:tai insurance covera~e under Texas Civil Statutes Articie 6675c, Sect~on 4{1) need not ~~ovide 1 of the 3 forms c~ worker~s compensation ceverage. ''_'he Contractor agrees ~~ comply with all applicai~le provisions - of Texas Administrative Code '~itle 28, Section 110.110, a copy of whic:_ ts a~tached and dee~nea _:corporated into the proj ect contract . P3.ease ~ot~ that under secticn 120.1.10: ~ ~. certain ~~anguage ^ust be included in the Contractor's Cantract with the City and the Contractor's cantracts with subcontractors and others providing services for the .. Project; ~. the Contr~ctor ~s requirea Lo submit ~o the City certificates of c~verage for its employees ~nd for all " subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the _. Project; and ;. the Contractor is reauired to post the req~:--°a notice at the job site. By s~c:i~ng this Contract, the C~ntractor certifies thac ~.~ will timel.y cor.;~i': with these Not~ce to Contractors "5" requirement~- NOTIC£ :~ CONTRACTORS - B (Revisea 1/13/98) Paqe 1 of 7 e/7 / qg . . ; 'J l i ~tle :S. L~ SL-R~` C ~ Psrt II. TE~.~S ~~~OFtKFRS' CO?~~IPE,ISATIO`` CQ~1y1ISSI0\ Ch~pter 1i4. REQL~LhED ~'OTICES OF COV"ER-~GE Subc.hapter B. E~ZPL(JYER tiOTICES . .-~C . ~: i l~. ~ 11Q.ZIO Reporrin~ Reouiremen~s for Bui[ding or Constrsction Pro~ec~s far Gavernmenr.al Ea~ties (a) The fa~llowine woras arid te:ms, w•nen used in this ruie, sha11 ~:zve che followine meanings, unlesS the conteac~ c:e:riy inaicates ot;7envise. T°-:ns not define~ in ~his n:ie snall have the meaning de~ned :n the Te:cas ~i.abor Code, :~ ~o de~ne :. ~ 1} Certiu~:e or" cove: zQe ~c~: ;inca:~ ~-.~_ c:,oy ot a ce^,~caze ei ::surance, a c~: cincate ei aur.aorit~~ to S~ii-ins€tre issued bv tne c~crunissio~, e~ a worke:s' eemDe:LSaien covera~e a~re:ment (TWCGSI, TW"CC-o2, TS'VCC-83, or T~'~CC-S~), showing statutory woricers' comoerfsation insurance coverage for the petson's or e~tit~s e=n~Ioye~s ~'snciuding those suQjec: ta a coverage aQreement) groviding services on a oroject, :oc the durarion of 'tse groject. {2) ~ui~di~~ or construc-aon-rias t'r~e meWni.*~Q denned in the Tex~s Labor Code, ~ 40b.096(e)(1}_ (3) Contractor--a. person biddin~ for or awarded a building or co:~suuc:ion project by a governmeutz.f ent~v. (4)•~over~ge-Woricers` compeasation insz:r2nce mee:.in~ Lhe siatutoty requirements of the Te~s L,abor Code, § 40I.011(4-4). (5} CaverrtQe a~reezneat--A writte~ ~~ree ~eat on form _TWCGo 1, form TWCC-S2, form iZ~ICC-S3, or ~rm T'~JCC-84, filed vrritu the Te:cas Workecs' Comneasation Commission w~ich establishes a : e~Itionsia~p between the paztics for purposes of the Texas Worke: s' Compensation Act, pursu~nt to the Texas Labor Code, Cl~pter 406, Subchapters F and G, as one of employer/emplayee and esi~lishcs wao cviIl be retpoasbie for providing workers' compe~sation coverage for petsons prcr~riding services on the project_ (6) Durauoa o~ che project-IrLciudes the ti~e from tne beQinr.ing oi woric on the project until tk:~ work on the ~roject h~ be~n c~mpie~e~ ~-:a acce~te~ by the gover.irnencal er.uty. (7) Pecsons crevidin~ se^:ices on c.~e eroje~ ~"subcencractor" u. g 406.096 of the Act)-~~r~ ~e exctation oi ~ersons exc:uded under subsecuons (h} anci (i) of this sectian, includes alI persons or ent~ies pe:iorming all or p2rt of the services the contractor has undertaken to periorm on the projee'w °"" re~ardIess or ~rhether tnat pe: son conuac:ed directly witn the contractor and re~ard[ess of whether that pers~ ras employees. T3:is inciudes bLt is aot fimited to inde~e.^.dent contractors, subconuaccors_ leaa~n~ c~npanies, rnotor cacriers, owner-ooeratars, empioyees of ~ny such entity, oc employe~s of ' 2nY e:~titV ftr^~St1in~ ~ersons t~ periosm se.~ces on the projea. °~ervices" includes but is not li..^uted _~-- :70TICE TO CONTRACTORS - - ` Revised L/13/98) g~~~9s hctD:~i~~wwscs.s:zte.tx.usltad2sllUl +.01B~I l0_ I l0.htm1 paqe z ot 7 . .~. .~.,.~ ,~ _. . _:. 4,..~ ~._ _ _. .._~ , _ ,,.~._ _. _ _ ~ _.__,,__~._...m_.. ._..- ~..~ ,.., .~... ~. .,..., .....__ --......,. .„ .~ ~~: i:-._ - , .. - ~- - °aee 2 ;,; ~ ~_ .. ._ ._ _:_,une, o: ee~•.~e:ir.~ ec~tnr^eat er ::~__risis_ cr ~ ~<i~ine 12ber, t,-`ZSCC~~_:cn, or oth~; ~en^c~ . ~.~__.. :o a pro e~ .'~e:vices' d,,es noc i:......,.,, acci~.:~.e~ .. ~ the r~ _ J _.: ei..ted ro a o~e ~-;:cn as roae:~e~•'e;~t° ~rendors, c:u4~ suopiy de?iveries, ~_~ c°?iverv et ~or-~ole [oilets. (8) F:cie~:-~:c:udes the c:c•.ision oi ali se:vices re:s*_eC to a c~i:~uZ2 or c~nstruc*.ion c;, :;;zct fot' a ~ove:T ~e:::~.~ e~ntv (b) Pte~:a:~:_ or causin~ to ce ~rovided a certin"ez;e o: coverage ~ursuant to this rule is a repres~e::*.a~ti: ov che iztsure~ ;hat all emQioyees ei ::~e iusurec w•~,o are prv~zding services en the prolec~ ~.-e ec•: ered by woricers' compersation cove: a2e, that the coverage is based on orooer repa~ine oF c:assincation c,~ees and payroll amaur.ts, and that ai coverage as3-eements ~ave been filea ~ wiul L~:e 2~rrepriate irzsurance c3rrier or, in the case oi a seif-ins;uea, with the cominission`s Division oi Se~-~~sura..:ce Reeuiation. Providing false or misie~ding ce.z: ;cates or coverage, or r"aiiing to provitie or r.:aintain require~ coverage, or failin~ te re~ort a.ny c:.ange that materiatiy atie.^,s Lhe _ prov~,sion oc coverage may ssojeet the contractor or other person providing services on the prolect to adrrutus;.~::4•e eenalties, cn:r.~ina1 penalties, civil pe^aities, or othe: c:vil actions. (c) A gove. ~ezcal entiry ~_at enters into a buildi:.< or construc:.=~n eontract on a pra}eci s:~*.all_ ( i) inciude ir. t~e bid specinc:~~ons, all the provisior.s aT para~~;Z (~ of this subsecticn. Lsing the [an~ee rewuired by para~~n (7} af this subsec:rc~ (2) as par~ a: ~'~e contract, using the tanguage re~ui: ed by para~ph (7) of this subsecuon, require the conrr~.c~~~r c~ perform as re~uired in subsection (d) of this sectian; (3) ot~ain L:;~n the contrac;or a certificate of covera~e for eacn ge:son providing services on the project, ~ric~~ to that pe: son beEUUZing work on the pFOJ~.CL; (4} abtain ~em the cortt~ractor a new certificate of coverage showi.ug extension of coveraee: (A) b~f~r~ r~~ end of the c,:r:ent coverage period, i: ~~e contra~oc's current certificste o* coverage shovvs that ~e coverage pe: iod ends during the duzation of the croiect; and (B) n~ iater G~.a.n seven days atter the expiration or t'~e caverage 2or each other persau proviaiIIg servic~s on ~e project whose curreut certificate shows thai the coverage perivd ends duiing the durat~n of t~e project; (5) re:aui c~~tincates of eoverage on fiIe for the durauon of ihe groject and for thi'ee years thereafter, (6) provide a copy of the ce: ,uicates of coveraee to the cocnmiss:on upon request and to a.-ty person entitle~ ~c the:n oy law; and (7) us~ c:~e Ea;;:~sage conta.ine~ in the folIowing Figure i for bid s~eeiucations and contrac:s, :~~chout any ar~tiir.ona,i words or cnanEes, except those reat:ited to accom.modate che specific docur.ient in wfuch'th°~~ ~.~~ contained or ~o impose stricter standzrds of doc~::a~atation: T28S ~ I 0. l 1 f3f c)(7} cb! NOTICE TO CONTAAC2CR5 - ~ Aevised 1/I3/981 f~ttp fi`.u~na,~ soS.st2te.tx.us%tac.'~g,~/i t 4B/i l0. F IO.htrr.i Paqe s ot -r $~7~~g _ ..~,.,_. .._... m.. .~._,__ ,,..~..,~..,,~.,.. ~_..._ _. _ _ _ _.__ ~.- .~ ~ _...a~..... ,_.... ~.~.. .~. __... ~,,. _. _._ ~ _;. T y( : 10.11 C~ Page ~ oI 6 ~j ~ con~ractor sn~~ .-, i} provide caverage ior iu emoic ~e~s ~rovidinQ servic~s on a project, ::- 4_e curation of the projec; ~rsed on prope: re~orin~ oi c~ass:~.cs~on codes ~nd p~~Teii amaunts ar.c ~~: :~ or any coverage ~ ~ree:nents; _-, "- ) proviae a certificzu of covera~e saawin¢ woricers' c~rn~ensation cove:a_^<e to the governmentai >~titv priot' to beguini.:~ work on =:e ~ro}ecc; f3) provi~c ~the gove:nmeatal entr;, ,:_^:or to the end of the coverage pe:iec. a new certificaze of ;,~v~rage ~owing extensivn oi ceverag~, if the covenge period shawn oc *,re c~nrracto~s current .., ~erti~cate of coverage ends durir.t ~ne riuration of the pro3ecc; (4) ~taut £rom each oerscxi providinQ scrvices an a project, and provide te t::e governmental entity_ (:~) a cert~cate of covera~e, grior to that person b~ginaing woric oa the ~roiect, so the governmental e:~t1~- will have on file ceitificates oi coverage showing coveraga for all pe: sons providin~ services on ~.e project; and t'~) ~o latcc~rr than seven days af~e: :~eipt by the contractvr, a new certificzte oi coverage showing extaasion of coverage, if the covera¢e periad skawn on the current certincz:e ot coverage ends during che duratic~n of the projecr, (5) t°t.tain :att required ce:tificates o: coverage on file for the duration of ~he project and far ane year ther+baf~er, (6) ~otify t~e governmentai entity i.n wriring by certified mail or personal ~'e!ivery, witbin ten days a.fter the aontra~tor Imew or sh€suld have 'r.naw~ af any c~ange that matexially aaecu the pmvision of ,:overage af any person pmviding se: vicrs on the projecx; (7) past a aotice an cach p~ajeci s:Le informing ali persons providing servic~s on the projeet that they :.~e rcauircd to be covered, and statin~ how a person mav verify cuirent ccve.~e aud report failure to pro~ide caverage_ This not~ce docs not satisfy other posting reqturemcnss i~posed by the Act or other cor~issic~ ruies_ This not~ce must bc priated with a title in at lcast 30 paint bold type aud texi in at least I9 p~t narmal typq and shall be ia both Eng~ish and Spaais~ aad any other Ianguage comman to shc worker popuia~oa_ The texi for the notices shall be rhe following tUCt provided by ihe corn~issio~ on the sample notice, ~xithout any additional words ar chaages: REQ~ WO~' COMPE~ISATION COVERAGE "The law r~quires that each persan wor4ciug on this site or praviding services re!ated to this coa~ttuaic~m project must be cove: ea by workers' comoe:isation insuranc~. s:~s inc€udes persons ~rov~ding, hauiing, ar deiivcring eauipraem ar matenals, or qraviding labor er transportation or other serv~cce related to the projecc, re~ardless of the identity of their employer or s«tus as an employee." "Call the Texas Worker5' Comper.sauon Commission ac 512-440-3789 to r~~eive information ort Lhe x'" Ieszai requi~ment for coverage, to verify whether your employer has provided che required coverage, c~r to report an employe~s £ailure to provide coverage." ~~ Narzcr =o corrrxa-czons - e ::~ //~vww.sos.stace.tx.usltad28/IL~110B(IIO.110.htm! Rev=sed i/13/98} 8~7~9$ P• Pa9~ 4 of 7 ~s r: .~ : , ~ ~ i o rage4at6 ~ (g) c~--_ac.~;zily re^~ire °..~~ : ~e~scn ~~~c~ ~•~;.er__ :: conrrae_~ :., ='^~~de se:tizces e= ~ ~ro~ect to: (A) orovide caverzQe ozsed on ~r~oer re~orc.i.~.a ot ciassincation coces a.nd oayroii ~:_~unts asid filinr~ ., of am~ c~ver2Qe as~ee:r.e^:~ for °._:i of i~s e:r_pic~'e~s provtoi:.~ se^.1ces ce cne oroier`:. :~r the duration o* the proiec:; (B) Pp~~ide a certinc: ~e ei coverz~e to *.he c~~~actor onor to tnat pe:son be~irui..~~ woric on the pro}e~ : (C) it~ciuce izt zli contrar.s ~o oro~~ide se.rvices ec cne projec: :_`:e iznguaee in subse~~en (e)(3} of this section: (D) ~ovid~ the contra~e., pnor to the enti ot ~: ~ covera~e pe.^:od, a new certin~=~ oi coverage '~ show~nQ e.r~cusian of cave:-age, if the covera~e Ye: iod shown on the current cerun~~e of coverage encfs du.rin~ the durazion oi the oroject; "" (E) obta.in r"rom each oche: ~erson with whom ^ contrac:s, 2nd prbvide to the cor.:*ac:or: (~ a~e:*,i^c~te of coverzge, priar ~o the otiner ~e:son begin.^.u~Q wari: on the proje~ ;:_~:d ~ ~u) ptior to the end of the cove: age period, a:.ew certificate of coveraQe showing ex:er.sion of the covc~e p~riod, if the coverage period shown oa the eurrer.: ce:tuicate of coven~e eads during the ~° duration oi t~e project; (F} retain all required ce.^.incates of coverarze on nie for the ciuration oi ;he projec: ~^d for one year ~ thera~aice ; (G} ~otiiy t~€e govemmer:t~i entity in writin~ bY certitied mzil or personat de3ivery, v~ichi.n ten days ~. aftes` Lhe parsoa knew or snould have known, of auy change that materially affecu '-t''e provisi~n of cove~~e ofauy person providing se.~vices on ~e project; ann ~ (H} ~onrla~aliy require r~i~ other person w:L'n whom it canu2c.s, to perform as ~ec:uired~by sub~Qra~s (A)-(H) oi t$is para_eraph, ~w-rh the certificate of covec~e to be proviried to the person for ro~om t~ty are providiag services. {e) A. persc~a providing secvices oa a pro,}ecx, other than a ~ontractor, sha1L- ( I)~rovid~ coverage for its emoioye~s providuZSt services ou a project, for the durauon of tbe project basc~d on groper reportinQ or classitication codes and payt~oQ amounu 2nd filing oi ~nY coverage agre~e ueau; . (Z) ~ovidc a cerdfic2te or'cove:~~e Zs require~ oy its contrac: to provide services ea the projee:, priat` to b~~inning work on the project; ` {3) ~ve c~ie foilowing tangua~e in its contract to provide services an the project: "3y signing this co~zc; a~ providing or causing to be provided a certificate of coverage, the persoa si¢ning ~s coc~c is',r~prescnting to tlie governmenta! cntity that all empioyees of the perso^ signing this rp ~ contrzc, w~no will provide services on the project will be covered by wori:en` comQensatien covera~e N07ZCE TO CON2RAC:ORS - B Revised 1/23l981 $n~98 http:/h~~.u~_sos.state_tx_us/tac/28/III110B/110. i l0.htrni paqe s ~r ~ ~ ~l 4:'~.. L.. d.., 1 1 V rage ~ ot o ror L.~ c~:ation ot ~.e proiect, :hat tne cc•,-e:age will be ~~sed or~ praper regor~ing oi c:assi~tcation cories ~nd oayrolI a.:=_ounu, and that ai! co~~e:-a~re a~reer.ie^.s ~.~~iil be filed wiL'n the zopropiiate insura.,^.ce c.szr'ier or, : the case of a self-ir.s~ ed, with tre c~tamission's Division oi Self-Insurance Re~.::~sion. Proviciine iaise or misleadin~ i:~or~auon mzy sub~ecr tile contraczor to administrative penu~es. c:iminal Fe^a.~ties, civil penalties, cr other civii ac:~atis_" (4) provlde the person for w~oa~ it is providine services on the projeet, pcior to the end of the coversge peciod shown on iu current ce:ti:~c: te ot"coverzge, a new certi5cate snowing e~ctension of covera.Qe, :z the cove:~age pesiod shown on ~e certificate ei cove:age ends durin¢ the aurariott or the projer ; . (5) at~ain ir~m eacn person providing se_rvices on a projec: t:nder contraet to it, and provide as _~, required by its contraa: (A) a~.°rti.fic~cte of coverage, prior to the oc~~u person be?inning woric on the gmject; and (B) prior ta the cnd of the coverage period, a new certincaze of covr.rage showing exteusion of the cover~e pec~t-d, if the coveca~e period snown on the curre~t ccrtificate of caverago ends during tlie d~rt~n ai r:~u projerti (5} re~ain aIi rtquire.^: certincates of coverzQe ~n file for the duration of the project and for one year there~ter, (7} natuy th~ govern~ental ~ntity in writinQ by certified maii or personal delivery, of aay change that matcr~ly af~cts the provisian of covera~e of any person providin~ sarvices ott tke project and send the na~ice vv~tin ten days after the person i.~~ew or should have known of the chanQe; and {8) cc~muactt~aliy re~uire each other persou with whom it contracu to: {A} p~ipvide cvverasze based an proper reporting of cIassification codes and payrotl amouats and filiug of anv wverago agre~:nenis for all of its e.~aployees providing s~rvices on ihe proje~t, for the duration of the projec~ {B) provide a ce.rtzficzte of coverage to it prior to that orher person beganaing work ou the projecz; (G~ indude i~ aII contracts to pravide services on the project th~ language in paragraph {3) of this subsectiaa; (D} pr~vide, ~tior to the end of the coverage period, a new certificate of coverage showing extension of the tover~yc period, if the caveras~e pe:iod shown on tne current certificate of coverage eads dvrin~ ~e d~trarion ei tbe praject; (E) ei~ain ir~m eacn other p~rson under c~ntrad to it to provide servicas on the groject, and proviae as reQ~ireQ fsy its contraa: (i) a c~rtificate of coverage, prior to the otne: person begiruung work on the pro}ect; and _.,, (i,`} pr~r to t~ end of the coverage period, a new certificate of coverage showin¢ extension of the cove: ~e per~+o+d, if the coverage period shown on [he current certificate of coverage ends duTing the http://www.sos_state_~c.us/tacl28/iI/l 10IB1110.110.htrt~ NOT1 RevisedN11~13/98i - B $~~~g p=Q~ 6 of 7 ~~ ~~~ 1,'~C, l.J.ilU dura~aon ei :Ze ccncrac:: Page o of 6 (F) recair. ~il ; ecuirea ce: .4.,;: :~s oi coverage en nie for the duration c: «:e project znd for one year thereefte~; (G} nociiv t'r.e eovernme .tai e::~iry m wriring oy ce:rinea mail or pe:soazi defivery, within ten days after the p~son imew or snould have known, of any change that mzte.^:~iiy affects the provision of covet~aee of asry person proviaine services on the projecz; and (~ conu-ac:uafIy reauire e:c7 ce:-son with whom it contraccs, to perier.:i as required by this - subg~ra~n and subparaerapns (A)-{G) of this paraeraph, with the ce:tincate of coverage to be ~ prov~eted to the person for ;~nQm they are providing services. ~~ If any provision of this nue or its application to any person or cira~.-nstance is held inwalid, the inva~pdity d~xs not affect otber provisions or applications af this rule t~t can be given effect without the i~alid provision or apn~icaaon, aad to this end ihe provisions of this rule are declared to he sevexable. (g) This ruic is applicable for buiidine oc construcuon contracts aave.^ised for bid by a gvvernmecnal entit~r on ar afrer Septemoer i, :994_ This ruie is also apgiicable far tnose building or consuuerion cour~tcts e~tered into on or ar~ter September l, I994, w~ich are not re~uired by law to be advertised for bid. (h} T~e cov+aaQe ret~uire:r.eat in tius rule does not apgiy to motor carriers who are required pursuant to Te~cas Citvil Statutes, Ar~icie 6675c, to reQister wirh the Texas Depastment of?ransportation and who grovide accidental ir~surance caverage pursuant ta Texas CiviI S~tutes, Article fi675c, § 4}(7. (i) T~e covtra~e requiremeat ui this iule daes not apply to sole proprietors, partners, and corgorate offic~s wi~a meet the rcquiremcau of the Ad, § 406.097(c), and who are explici~fy excludcd from cove~sge in accordance with the Act, § 406.d97(a) (as a~d~d by House B~1 1489, 74th Legislature, 1995, § 12tI). This subsec:ion appIies only to sote proprietors, parmers, and corporate executive afficars wha ara exciuded from covera~e in an insurance poiicy or ceruficate of authority to self-insure that is delivt:e;i., issued for deiivery, or renewed on ar after 7anuary 1, 1996. Sour~e: Th~e provisions of this § 1~ 0_ 110 adopted to be effective Septe~ber l, I994, 19 TexRcg 5715; aznea~dtd to be e$eetive November 6, I995, 20 TexR~g 8609. Retv~-n to Section Index NOTIC£ TO CONSRACTORS - 9 hup://wvvw sas.sLate_nc_usitac/2S/LU110BI110.110_htmi Revised 1/13/9H1 gn~g Paqe 7 of 7 PART A - SPECIAL PROVISIONS __. ~.. ..,~,_. ,.~, . ~, ..vx „~,... ,,~~~,,,,,~..,,...~.. . .. _W _~ _ ~-._ _ . _ W , _.. ___~ _. _~._~...,......~ .,...,~ _.__.. _ ~.._._.~ ._.,. NOOLDRIDGI3 ROAD BRIDGS R$PLACSl~NT PROJBCT N0.2197 SSCTION A - SPBCIAL PROVISIONS ~ A-1 Ti.~e an~ Place of Receiving Proposals/Pre-Bid Meeting Sealed progpsals will be received in conformity with the official advertisement inviti~g bids for the project. Proposals will be received in the office of the City .~ Secret~ry, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., ~edna~ra~ay, Septeml,~er 27, 2006. Proposals mailed should be addressed in the follow~ng m~nner: ~ City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 `" ATTN: BID PRpPOSAL - WOOLDRZDGS ROAD BRIDGB RSPLACSMSNT PROJSCT 1~0.2197 „ A pre-~id tt~eting is sch~duled for Tuesday, 3epte~ber 19, 2006 beginning at 3:00 pm. The -b' meetin wi~i convesie at the Ea ineerin 3ervices Main Confere~ce Rooa, 3rd F r, L Hall, 1~~11 Leo rd Street. The pre-bid meeting will be conducted by the Ci' , a' will not include a site visit. ~ No add~.tion~l or separate visitations will be conducted by the City_ A-2 ~efia.~.*ions and Atabreviations Sectiou B-1 of the General Provisions will govern. A-3 ~escr~.ption of Project i~OLD B BRID68 I.~aC~IT consists of replacing a 50' existing wooden bridge facili' wi a five barrel, 12'x10'x70` box culvert with parallel wing walls on each ~ side. This project also includes 603~ of roadway reconstruction, changing a simple 2-lane, 20' roadway section with an open ditch storm sewer design to a 4-lane, 50' sectio~ with curb & gutter, tied sidewalks, and a subsurface storm sewer. Also includ±~d in this project are water and wastewater imgrovements consisting of 12" PVC ~ sewerline, t~anholes, and 8" and 12" PvC waterline, together with all appurtenances in accordaunce with the pl.ans, specifications, and contract documents. A=4 ~ethol~ of Award The bid~ wi1l be evaluated based upon the following priority order, subject to the availa~ilit~ of funds- 1. Total Base Bid The Ci~y reserves the right to reject any or all bids, to waive irregularities and to acc~t tb.e bid which, in the City's opinion, is most advantageous to the City " and in the l~est interest of the public. A-5 ~tems to be Submitted with Proposal ~~ The followi~.g items are required to be submitted with the proposal: l. ~ Bi Bond (Must reference Wooldridge Road Bridge Replacement as ,.. 'dent fied in the Proposal) (A Ca~hier's Check, certified check, money order or bank draft from any ~tate or National Bank will also be acceptable.) 2_ HisclQsure of Interests Statement Section A - SP (Revised 10/98? Page 1 of 24 ,,,a ~..... _,~, _._,. .,~wr,, ~.,,..~..~.,. _ . ,. w.~_. ~.. __<. ._.~:_._,~s.<,s<_~a,..~,. ~,.,~ _ ~ ~..~...~~_.-..~. 3. Z~ebaraMut Certification - Contractors are not al2owed to participate in leBerally funded projects if they are suspeaded or debarred. The prime ' ~ontr~ctor is reqciired to certify as to their current eligibility status. Certilication is also required of aZl prospective participants in Zower tier transactions. This includes subcontractors, material suppliers, vendors, etc. Yach participa~nt must certify: "._.that it and its principals are not presently debarred, - suspenided, proposed for debarment, declared ineliqible, or voluntarily excluded from covered transactions by any Federal depart~ent or agency._.. aud that they have not been convicted or had civil judgment rendered within the past three years for certain °` types of offenses." 4. Non-Colltision Statemeat - The submission of a noncollusioa statement protects the integ~ity of the ~ederal-aid highway proqram by serving as a deterrent to bid rig~#.~g activities. The certification also becomes evidence in prosecuting cas#s imrolving construction contract bid rigging. A noncollusion statement is re~tired from all bidders and is to be sul~itted as part of the bid proposaZ pac~age. Failure to submit the required certification will result in the bid bei~tg co~sidered as r~n-responsive aad ineligible for award consideration. 5. Pro~posal For This Work Certification form A=6 ~'ime Eif Co~pletionfLiquidated Damages The wo~king time for comgletion of the Project will be 120 calendar days. The Contractor ~hall commence work within ten (10) calendar days after receipt of writte~ notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For ea~h ca~endar day that any work remains incomplete after the time specified in the Corttract for completion of the work or after such time period as extended pursua~t to other provisions of this Contract, SIGHT ~NDRBD DOI,L1-Rg ($800.00) per calenda~z- day will be assessed against the Contractor as liquidated damages. Said liquida~ed damages are not imposed as a penalty but as an estimate of the damages that tt~e City will sustain from delay in completion of the work, which damages by their ~turr? are not cap~ble of precise proof. The Director of Engineering Services (City Engineer) tnay withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Five-D~r Wos'D~weak. workiug days will be charged ~5onday through Friday, excluding `'+ aation~IlEl ho]ii.days, regardless of weather conditions or material availability. The Contracs9tor Las the option of working on Saturdaya. Provide sufficieat advance notice to tl~e Bngineer when scheduling svork on Saturdays. Work on Sundays and national holidays aill not be permitted without written permission of the ~~ $ngiaeer. Zf work requiring an Inspector to be preaent is performed on a Satnrd~*, St~day, or national holiday, and weather and other coaditioas permit the perfox~illeace af work for 7 hr. between 7:00 a.m. and 6:00 p.m., working day will be -, charged. A-7 Wo~#ers Gompensation Insurance Covera e 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~ com~ensatzon in5~urance coverage meeting the requirements of this Contract is not in effect on the effecti.ve date of cancellation of the workers' compens~tion insurance coverage to be replaced, then any Contractor employee not covered by the required w~orkers' compensation insurance coverage must not perform any work on the Project _., Section A - SP {Revised 10/98) Page 2 0£ 24 F'urthezmore, for each calendar day including and after the effective date of termire~tion or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement worker~' co~pensation 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 Contxactor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other . requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unl.ess all such individuals working on the Project are covered by workers' compensation insur.ance and unless the required documentation of such coverage has been provided to the Contractor and the City - Engineer. A-8 ~axed Proposals ' Proposals f~xed directly to the City will be considered non-responsive. Proposals must c~ntain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions_ A-9 ,~cknol/ledgment of ~ddenda The Co~tracCor shall acknowledge receipt of all addenda received in the approp~iate space provided in the proposal. Failure to do so will be inte~preted as non-rece~pt_ Since addenda can have significant impact on the proposal, failure to ack~owledge receipt, and a subsequent interpretation of non-receipt, could have an advtrse effect when determining the lowest responsible bidder. A-10 ~sc~e $ates Labvr prefe~ence and wage rates for heavy coastructiou and hea vy/highway. In case of ~on~l~ct, Contractor shall use higher wage rate. Minimu~t Prevailing Wage Scales The Co~us Ghristi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and an}~ subc~csntractor must not pay less than the specified wage rates to all labore~s, wcc~rkmen, and mechanics employed by tlzem in the execution of the Contra~t. T~e Contractor or subcontractor shall forfeit sixty dollars ($60.00} per calend~r day, or portion thereof, for each laborer, workman, or mechanic employed, if such per~on is paid tess than the specified rates for the classification of work pe~forn~ed. The Contractor and each subcontractor must keep an accurate record show.i~g the names and classifications of all laborers, workmen, and mechanics e~loyed by tYiem in connection with the Project and showing the actual wages paid to each worker. The Co~racGor wi11 make bi-weekly certified payroll submittals to the City Engineer. Th~e Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Busine~s Enterprise Participation Policy for additional requirements concerning the prc~er form and content of the payroll submittals.) One and one-half t1~) times the specified hourly wage must be paid for all hours worked in e~t~cess of 40 hours in any one week and for all hours worked on Sundays or holitiays. (See Section B-1-1, Definition of Terms, and Section B-7-b, Working Hours_) A-11 f~ope~;tion with Puwblic Agencies The Co~tractor shall cooperate with all public and private agencies with facilitaes c~erating within the limits of the Project. The Contractor shall Section A - SP (Revised 10/98) Page 3 of 24 provide a forty-eight {48) hour notice to any applicable agency when work is antici~ated to proceed in the vicinity of any facility by using the Texas One-Call System 1-80fl-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the So~thwe~tern Bell Locate Group at 1-800-828-5127. For the Contractor's ~onvenience, the foliowing telephone numbers are listed_ City ~[tgineer 826-3500 P~oject Engineer: LNV ~tGINEERING Bryati Martin, P.E. 883 -1984 Dan ;6. Leyendecker, P.F'. 883 -1984 T7eaffi~C Engineering 826 -3540 Paolice Department 882 -2911 Water ~epartment 857 -1850 WBStew~ter Department 857 -1818 G~s Department Storm Water Department 857 -1881 P~rks & Recreation Department 826 -3461 Streetffi & Solid Waste Services 857 -1970 A E P 299 -4833 S B C/1~2'&T 881 -2511 City Street Div. far Traffic Signal/Fiber Optic Locate 857 1946 C~,blev~sion 857- 5000 ACSI (~'iber Optic) 887-9200 K1~C {F~.ber Optic) 813-1124 C~iceCom (Fiber Optic) 881-5767 C~PROCK (Fiber Optie? 512/935-0958 Brooks Fiber Optic (MAN) 972-753-4355 A-12 M~nte~ince of Serv~ces - ~~~ 883-1986 (fax) 883-1986 {fax} (880-3140 after hours) (880-3140 after hours? 885-6900 (885-6900 after hours) (880-3140 after hours) (693-9444 after hours) (1-800-824-4424,after hours) 857-1960 (85?-5060 after hours) (Pager B00-724-3624~ (Pager 888-204-1679) (Pager 850-2981) (MObile) The Conttract~r shall take all precautions in protecting existing utilities, both above ~d below ground. The Drawings show as much information as can be reasonably obtaines~ frol~t existing as-built drawings, base maps, utility records, etc. and from as much field work as norAtally deemed necessary for the construction of this type of project witbl regard to the location and nature of unc3erground utilities, etc. However, the:accuracy and completeness of such information is not guaranteed. It is the Contractt~r's sole and complete responsibility to ~ocate sach underground features sufficiently in advance of his operations to preclude damaging the existing facilitfes. If the Contractor encounters utility serviees along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expe~se. In the event of damage to underground utilities, whether shown in the c3ra~rings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owas the utilities. Where existitig sewers are encountered and are interfered with (i.e_ bro3cen, cut, etc.}, ~low ~ust be maintained. Sewage or other liquid must be handled by the Cont~actor e~.ther by corutection into other sewers or by temporary pumping to a satisfa~tory outlet, all with the approval of the City Engineer. Sewage or other liquid ~ust Aot be pumped, bailed or flumed over the streets or ground surface and Contractor me~st pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's respons~bility to make aIl necessary repairs, relocations and adjustments to the satisfac3`tion of the City Sngineer at no increase in the Contract price. Materials for rep~irs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (Revised 10/98) Page 4 of 24 A-13 ~rea ~ccess and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provida a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must ~ provid~ temporary driveways and/or roads of approved material during wet weather. The Contractor mnst maintai.n a stockpile on the Project site to meet the demands of inclere~nt c~ather. A traffic control plan is provided in the constructzon drawings. ; 'i'he Co~tractor wiil be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is Rot limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform ` Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traff.ic control shall be paid for as shown in the proposal. A-l~nsts'uction Bquip~ent Spillage and Tracking The Co~tractor shall keep the adjoining streets free of tracked and/or spilled materi~ls going to or from t.he construction area. Hand labor and/or mechanical equipm+ent must be used where necessary to keep these roadways clear of job-related . materials_ Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, :if nec~ssary, to prevent material from washing into the storm sewer system. No ~ visible mat~rial that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 ~cava~ion and Remavals The ex~avated areas behind curbs and adjacent to sidewalks and driveways rrtust be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of provid3~g a good growth of grass when applied with seed/sod and fertilizer_ The dirt must bi~ fres of debris, caliche, asphalt, concrete and any other material that detracts fr~n its apgearance or hampers the growth of grass_ All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All nec~ssary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary ~a--z~e ~~~ ~~em €e~-'~~~ee~ ~eava~~en-~-; -therefore, ~ no dir~ct payment will be made to Contractor_ A-16 spos~]./Salvage of Materials - Excess excavated material, broken asphalt, concrete, broken culverts and other unwant~pd mat~rial becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no dir~ct patyment will be made to Contractor. The City's operating department has the option to salvage existing manlzole rings and covers, water va~ves boxes, lids and fire hydrants and store on a site designated by the respective City Department. Section A - SP (Revised 10/98) Page 5 of 24 A-17 ~ield Office The Contractor must furnish the City Engineer or his representative with a field offict at the construction site. The field office must contain at least 120 square feet ~f us~able space_ The field office must be air-conditioned and heated and must be furnishld with an inclined table that measures at least 30" x 60" and two (2) - chairs. The Contractor shall move the field office on the site as required by the City $ngineer or his representative. The field office must be furnished with a teleph~ne (with 24-hour per day answering service} and FAX machine paid for by the Contractor. There is na separate pay item for the field office_ ~ A-18 ~ched~le and Sequ~tce of Construction The Cc~ntractor shall submit to the City Engineer a work plan based only on calendar days_ This plan must detail the schedule of work and must be submittec3 to the City Engineer at least. three (3) working days prior to the pre-construction meeting. The pl~n must indicate the schedule of the following work items: 1. Ianitiall Schedule: Submit to the City Engineer three (3) days prior to the Pre- G'onstruction Meeting an i.nitial Construction Progress Schedule for review_ 2- Items to Include: Show complete sequence of construction by activity, dent~fying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3• 3ubmittal Dates= Indicate submittal dates required for all submittals. ~ 4. ~-Su?~Iraission: Revise and resubmit as required by the City Engineer. 5. Paerioci;ic Update: Submit Updated Construction Progress Schedule to show actual grogr~ss of each stage by percentage against initial Schedule. For ea~h ca2~ndar day that any work remains incomplete after the time specified in the Cc~2traet for completion of the work or after such time period as extended pursua~tt to other provisions of this Contract, $800.00 per calendar day will be assess~Md ag#tinst the Contractor as liquidated damages. Said liquidated damages are not i~sed as a penalty but as an estimate of the damages that the City will sustain from d~lay 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 to the Contractor the amount of liquidated damages due to the City from the awnthly pay estimate_ Days A~locattion for Rain The co~racGor shall anticipate the following number of work days lost due to rain in detez~rtf~ning the contract schedule for each part of the contract. A rain day is defined as €tny day in which the amount of rain measured by the National Weather Service at the Power Street Stonnwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceede~d and the Engineer has agreed that the status of construction was such that there r~s an impact detrfinental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days .7une 4 Days October 4 Days March 2 Days tluly 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Completion s~-all be based on satisfactory work, completed, tested, in accordance with the pl~n, s~secifications, and contract documents and connected to the existing system, and accepted by the City for the entir.e project. Certifi,~ate ~tf Completioa The re~uire~rnte to issue the Contractor a Certificate of Complatioa are the followi~g (p~oject Acceptance Procedures Check List): Section A - SP (Revised 20/98) Page 6 of 24 _„ (1} Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As- Built plan preparation with A/E Consultant)_ f2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Suilts, O&M manuals (in electronic format as required}, SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to finai quantities or differences agreed upon by Contractor and Inspector_ (5) Final estimate reviewed by City Construction Engineer. (6) City ConstruCtion Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, '~Waiver of Lien" (h) Submit.tal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project fd) 3€--~P$~--~~~~ee~, a~~ €e~e~a~ ~e~ms ee~p-~e~e~ a~~a ~~-rt-~e~ (e) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12} Authorization for payment (AFP} prepared and submitted to Acconnting Department (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum). City a~ceptance of the project will be described in an Acceptance Memorandum to the Contra~tor. The warranty will begin on the date that the Acceptance Memorandum is issued to ' the Co~tractor. A-19 f~str~tction Layout arid Control The dr~twing~s depict lines, slopes, grades, sections, measurements, bench marks, baseli~es, etc. that are normally required to construct a project of this nature_ ~' The ma~~r calntrols and bench marks required for setting up a project, if not shown on the drat~vings, will be provided by the City's Consulting Engineer. The Ci~~~s G~nsulting Engineer will furnish the Contractor with all lines, slopes and measure,~ents for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench n~-rk, the Contractor shall provide the City Surveyor 48 hours notice so that alterna~te control points can be established by the City Surveyor as he deerns necessa~-y, a~ no cost to the Contractor. Control points or bench marks damaged as a result c~f tY~e Contractor's negligence will be restored by the City Surveyor at the expense of the Contracter. Zf, for what+ever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation Section A - SP (Revised 10/98) Page 7 of 24 would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for r_he City Engineer to revise the drawings. ~ The C~tractor sha21 t#e in or_ reference all valves and manholes, both existing and propos~d, 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 maximu~ of two (2? personnel for the purpose of assisting the measuring of the completed wprk. The Contractor shall provide the following certification for documentation and ' verifi~atiori of compliance with the Contract Documents, plans and specifications. Said ct~npli~nce certification shall be provided and prepared by a Third Party or in house in@e~endent Registered Professional Land Survey (R.P.L.S_) licensed in the state of Texas retained and paid by the Contractor. The Third Party or in house ~~ R.P.L.3. shall be approved by the City prior to any work_ Any discrepancies shall be noted by the Third Party or in house Surveyor and certify compliance to any regulatory pennits . Following is the minimum schedule of documentation required: Streets: All curb returns at point of tangency/point of circumference; Curb and gutter flow line both - sides of street on a 200' interval or grade breaks; --, Street crowns on a 200' interval and at all intersections; W~Its tew~tt e r : Al1 rim/invert elevations at manholes; All intersecting pipes in manholes; Casing elevations (top of casing and flow line casing) (TXDOT and RR perstits) . W~ter: All top of valves box; Valves vaults rim; Casirig elevations (top of casing and flow line casing} (~~pT and RR perrnits?• Stormwater: °'".3 All ri~/invert elevations at manholes; All intersecting lines in manholes; Casing elevations (top of casing and flow line casing) (TXDOT and ~ RR permits). 11-20 T~ttin~ and Certifi~ation All tests re~guired under this item must be done by a recognized testing laboratory selecte~d by the City Engineer. The cost of the laboratory testing wiZl be borne by Ghe Cit~-. In the event that any test fails, that test must be done over after '"~ correct~ve m~eatsures have been taken, and the cost of retesting will be borne by the Contrac~or a~+ld deductec3 from the payment to the Contractor. The r_on~ractc~r must provide all applicable certifications to the City Engineer. Section A - SP (Revised 10/98) Page B oP 24 _ A-21 ~r_~~e~t Signs ~ The Cpntractor must furnish and install two (2? project signs as indicated in the following drawing (Attachment I). The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The ,, location of the signs will be determined in the field by the City Engineer. A-22 ~inor~.ty/Minority ~usiness Bnterprise Participation Policy - 1 _ PolicY It is the policy of the City of Corpus Christi that maximum opportunity is ~tffor~led minorities, women and Minority Business Enterprises to participate in " Che p,erformance of contracts awarded by the City of Corpus Christi in support Qf Eq~al Employment Opportuni.ty goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. ~ In aceordance with such policy, the City has established requirements, as stated herei~t, both for minority and female participation by trade and for Minority Business Enterprise. 2. ~efinitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provicled which has been awarded a City ~ contract. b• E;ubcontractor: Any named person, firm, partnership, corporation, itssocia~ion, or joint venture as herein identified as providing work, -~ labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. t!tinority Business Ente rise: A business enterprise that is owned and controlled by one or more minority person(s?. Minority persons inciude Blacks, Mexican-Americans and other persons of Hispanic origin, American IAdians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. 1[inority person(s) must colZectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0~ of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0~ of the assets or interest in the corporate shares must be owned by one or more minority person{s}. 2 . Contrc~l 7 P~3 ~° The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stackholders, of the enterprise, as the case may be, must be entitled to receive 51.0~ or more of T the total profits, bonuses, dividends, interest payments, corronissions, consulting fees, rents, procurement, and subcontract Section A - SP (Revised 10/98) Page 9 of 24 payments, and any other monetary distribution paid by the business enterprise. d. ~inorit~: See definition under Minority Business Enterprise. e. Pemale Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.Os of whose assets or partnership interests are owned by one or more women,or a corporation at Ieast 57_0$ of whose assets or :interests in the corporate shares are owned hy one or mor_e wamen. f. Joint Venture: A joint venture means an association of two or more gersons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE c~oal cannot exceed the proportionate interest of the MBE as a mem3~er of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0~ of the contract work itself and in which a minority joint venture partner has a 50.0~ interest, shall be deemed equivalent to having minority participation in 25.0~ of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3 , CC~qals a. The goals for participation by_ minorities and Minority Business F~terprises ~ressed in percentage tern~s for the Contractor's aggregate work force on all construction work for the Contract award are as follows: ~Laority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15~ b. Z'hese goals are applicable to ali the construction work (regardless of federal participation) performed in the Contract, including approved c~ange orders. The hours of minority employment must be substantially ugniform throughout the length of the Contract and in each trade. The transfer of ~sinority employees from Contractor to Contractor or from project to project for the sole purpose of ineeting the Contractor's percentage is prohibited. 4. Ci9mpli~ce a. L~on completion of ~he Project, a final breakdown of MBE participation, s~bstantiated by copies of paid invoices, shall be submitted by the G`Dntractor to the City Engineer_ b. '1'he Contractor shall make bi-weekly payroll submittals to the City ~ineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project_ Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overa:ll participation in these areas which have been achieved. The City Sngineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely f&shion or to submit overall participation information as required. A-23 I~spec~ion Required The Coyatrac~or shall assure the appropriate building inspections by the Building Inspec~ion l~ivision at the various intervals of work for which a permit is required and to ass~e a fina~ inspection a€~e~ ~~e ~~~~~~g--~s ee~~e~e~~-~e~~,-€e~ --°n Section A - SP (Revised 10/98) Page 10 of 24 Sectic~ B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department_ A-24 ~uret~- Bonds ParagFaph two (2) of Section B-3-4 of the General Provisions is changecl to read as follov~ = "No st,irety will be accepted hy 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 (IO~~ of the Surety Company's capital and surplus, the Surety Company ~halZ provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten gercent (10~) of the Surety Company's capital and surplus with reinsurer(sj authorized to do business in the State of Texas. The amount caf the bond reinsured by any reinsurer may not exceed ten percent (10%) of the r~insurer's capital and surplus. For purQoses of this section, the ~nount of a~lowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial ~tateiaent of the Surety Company or reinsurer authorized and admitCed to do 3~sinctes in the State of Texas_ The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety_ For contracts in excess of $100,000 the bond ~st be executed by a Surety company that is certified by the United 3tate~ Secretary of the Treasury or must obtain reinsurance for any liabi~ity in excess of $100,000 from a reinsurer that is certified by the Ul~ited States Secretary of the Treasury and that meets all the above rEqui~ements. The insurer or reinsurer must be listed in the Federal Register as holding cerYif_icates of authority on the date the bond was issued." A-25 ~les '~'ia~c Bxempt.ioa NOT IISSD . . -}-- ' F-~~~~s ~~em E~te &~a~e ^ ~- , , ~- ~~e#~~ ~~e~~a=--~s~ rh~~~r ~ ~a~~--~TS~ea~~~ - ~-~~ . ~--~ ~~'evT~k.° ' - ~ ~~ii cui ~c-T. t n ., ;,.- 'Z,~c ro . 4=- vil~ae ~ ~ -- - . ~ , . Section A - SP (Revised 10/98) Page 11 of 24 ~c~-~-~e-e~~iee~~~Zae~e~ a~~ ~~e-s~~ee~~~ae~a~- ~~----~t~--Tssees a ~esa~e ee~-~~~~ea~eze ~~ -~-~e~ - A-26 ;~appl~ental Insurance Requirements For each insurance cov~rage provided in accordance with Section B-6-11 of the Contract, the Contractor shail obtain an endorsement to the applicable insurance policy, sic~ed by the insurer, stating: ~n the event of caacellation or material change that reduces or restricts the -- ~:nsura~nce afforded by this coverage part, each insurer covenants to mail prior written notice of canceliation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P_O_ Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Co~tractor shall provide to the City Engineer the signed endorsements, or copies thereof cer~ified by the insurer, within thirty (30) calendar days after the date the City ~ginetr requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contra+~tor sign the Coatract documents, the Contractor shali provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's coqllpensation insurance coverage for all employees of the Contractor employed on the Proj~et described in the Contract_ For ea~eh irasurance coverage provided in accordance with Section B-6-11 of the - Cantra~t, t~te Contractor shall obtain an endorsement to the applicable insurance ~ policy, sigt~ed by the insurer, stating that the City is an additional insured under the ineRuranc~e policy. The City need not be named as additional insured on Worker's Compen~tatio~ coverage _ _„ For coritractual liability insurance coverage obtained in accordanee with Section B- 6-11 (t} of the Contract, the Contractor shall obtain an endorsement to this coverag~ st~ting: Cantraactor agrees to indemnify, save harmless and defend the City, its ~ents, servants, aad employees, and each of them against and hold it and t~.em h.~-rmless from any and all Iawsuits, 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 titt~ resulting from st~ch injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or o~her ~ault of the City, its agents, servants, or employees or any person i~demnified hereunder. A-27 R~poa~ibility for Damage Claims NOT IISBD ~ a~e-~~P E3~T-~~~sa-~~~+~-aeeeg~s t~e-~o-~e~-ei= ~--r 3-~~ ! r~~s~-~eve~a~e ~s~-~ a~"r~ ~-~-~~s~e~-€e~r~t `.~..~ ~ ~ _~, __~~- - . - Section A - SP (Revised 1Q/98) Page 12 of 24 , .. .,.., ~...~ ...1,. ~. _ . . ..,~,„ .~„..,,~„",, .a _ » ~ .... _. ,,~,.. _ ~ ._.,«,. .....~_... . ..~.,,,. ~~~,,.-.e... .~-...,.. ...~ ,.-,~, ..~...~. ~,,,~ _ A-28 ~onsi¢~rations for Contract Award and ~xecution 'ro allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may - require a bidder to provide documentation concerning: t. frihether any liens have been filed against bidder for either failure to pay for ~eivices or materials supplied against any of its projects begun within the ~' preceding two (2} years_ The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been g released, the bidder shall state why the claim has not been paid; and 2. f~€hether there are any outstanding unpaid claims against bidder for services or rnaterials supplied which relate to any of its projects begun within the _ precec~ing two (2) years. The bidder shall specify the name and address of the claimant, the a~nount of the claim, the basis for the claim, and an explanation ~y t~te claim has not been paid. ~ A biddler may also be required to supply construction references and a financial statemint,.~repared no Iater than ninety (90) days prior to the City Engineer's reques~, si~ned and dated by the bidder~s owner, president or other authorized party, specifying ~11 current assets and liabilities. A-29 nCr~cttor's Field Administration Staff The Co~tractor shall employ for this Project, as its field administration staff, ` superi~tttendents and foret~aen who are careful and competent and acceptable to the City Enginear~ The criteria upon which the City Engineer makes this determination may include the " fallowing: l. 1$e st~erintenclent must have at least five (5) years experience in the day-to- ~ ~y field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, s~heduling of manpower and materials, structural stee~ erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural ~ submittal process, the handling, storage, and_disposal of blast media that is considered hazardous waste due to lead content, federal and state wage rate r~eequirements, and contract close-out procedures. . z. Z~e fcsreman -nust have at l.east five {5) years experience in oversight and mpitnage#t~nt of the work of various subcontractors and crafts. If the scope of the Pz~oject is such that a foreman is not required, the Contractor's s~perintendent shall assume the responsibilities of a foreman. Documeatation concerning these matters will be reviewed by the City Engineer. The ContraCtor's field administration staff, and any subsequent substitutions or replace.~tents thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities.on the Project. Such w~itten approval of fie~d administration staff is a prereguisite to the City Enginee~r's obligation to execute a contract for this Project. If such approval is " not obta.ined, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City _ Engine~r co~icerning any substitutions or replacements in its fie~d administration staff ~br this Project during the term of the Contract, such a failure constitutes a basis Co anaul the Contract pursuant to section B-7-13_ Section A - SP (Revised 10/98) Page 13 of 24 A-30 ,~menc~d °Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Secti~n B-3-1 Consideration of Contract add the following text: withia five {5) working days following the gublic opening and reading of the propo~als, the three (3) apparent lowest bidders (based on the Base Bid only) must subm.it tc, the City Engineer the following information: 1. A l.ist of the major cornponents of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of valnes which specifies estimates of the cost for each major camponent of the work; 4. A sch~dule of ant:icipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, e~long with a description of the work and dollar amount for each firm; and svbstantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guide~ines contained herein. Similar substantiation will be required if the Contr~tctor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demoneBtrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contra~ctor has not completed his evaluation of which subcontractor will perform the wc>rk _ The City Engineer retains the right to approve all subcontractors that wi13 perfo]rtn work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Frojeet. If the City Engineer does not approve all proposed subcontractors, it ~y rtscind the CantracY. award. In th~ event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Sngineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will r~t bee given if the replacement of the subcontractor will result in an increase in tht Contract price_ Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7- 13; 7. A preliminary progress scheduie indicating relationships between the major ~ompo~ents of the work. The final progress schedule must be submitted to the City $ngineer at the pre-construction conference; and 8_ pocum~ntation reguired pursuant to the Special Provisions A-28 and A-29 c~nce2Cning Considerations for Contract Award and Execution and the Contractor's Pield Administration Staff. 9_ ~cum~}ntation as required by Special Provision A-35-K, if applicable. l0~ ftithi~ five (5) days fol:Lowing bid opening, submit in letter form, information ident%fying type o€ entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s} and Title(s) of individual(s) authqrized to execute contracts on behalf of said entity. Section A - SP (Revised 10/98) Page 14 of 24 11. C~ild 8upport Documentation - At the time prior to (~ithin 5 business days) of - eft~ntraict execution and award, the City must collect and maiataia a list of all t~e ~ames and social security numbers of the individnals, partners, s~areltolders or ow~ers with aa ownership interest of at least 25 percent for t~e s~ccessful bidder. If the City determines that an individual or business ° ~ntity holding a contract is ineligible to receive payment due to ineligibility, the contract may be terminated. In addition if the required certi~ication 2istod below is shown to be false, the contractor is liable to the City for attorrsey's fees, the costs necessary to complete the contract, s.ncludiag the cost of advertising and awarding a second contract, and any other ~amages provided by law or contract. °IInder Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or gayment and ackno~ledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." i2. I.~bbyi.~g Certification - Within five (5) days folloWing bid opening, sub~it in l~tter form, the followiag information: Section 319 of Pul~lic Law 101-121 ~ohi.bits Federal funds from being expended to influence, or attempt to iaflu~ece, a Federal agency or Congress in connection with the aaard of any ~ederal contract or grant. This prohibition applies to all recipients, iucluding lo~er tiwr subrecipients of a Federal contract or grant. Prior to z,~cei~ing funds in excess of $100,000 per contract/grant, the Prime Contractor nrnst ~tbmit to the City a certification that it has aot and will not make any prohibited pay~nts for lobbying. By signing a contract or subcontract, a ~ime contractor or subcontract is certifying that it will co~mply with lobbying restrictions. Lgwer tier certifications are to be retained by the next higher tier (i.e., p~ime contractors retain their subcontractors' certifications, etc.). Aiy p~~sticipant tlut has made, or agreed to make, payments for Zobbyiag ~. ~ttivi~3.as using non-Federal funds, is required to disclose such activities. I~yaeat~ of noa-Fe~eral funds to regularly emplayed officers or employees of fi.~e a~cy or fizm are exempt from the disclosure requiremeat. AlI disclosure ~~Frms, including ttt~~ose by lower tier recipients, are to be forwarded to the "~ I~WA t~rough the City then through TxDOT. T~tis Disclosure of Lobbying Activities Foxm is shown in Attachmeat III to the ~ecia~ Provisions. A-31 J~ea~ Policy oa ~ctra Work and Chaage Orders Under "Gene~al Provisions and Requirements for Municipal Construction Contracts" B-e- 5 Poli~ or~ Extra Work a~d Change Orders the present text is deleted and replaced with t"e fo3'lowing_ ~ Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of ~gin~ering Services or his designee_ The Contractor also acknowledges that ~he City Engineer rnay authorize change orders which do not exceed $25,000.00. °- '~e Cc~ntractor acknowledges that any change orders in an amount in excess of ~25,0O0.00 must also be approved by the City Council. A-32 end~id "Sxecution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3- 5 Exe .tion of Contract add the f_ollowing: Section A - SP (Revised 10/98) - Page 15 of 24 The award of the Contract may be rescinded at any time prior to the date the City 8ngineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized desig~tees. Contractor has no cause of action of any kind, including for breach Of co~tract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. - A-33 ~ond3~ions of ATork Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder o€ his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the ~re-Bid l~eet~.ng referred to in Special Provision A-1. A-34 ~recs~snce of Contzact Documeuts In case of conflict in the Contract documents, first precedence will be given to ~ addenc~a is~ed during the bidding phase of the Project, second precedence will be given to th~e Special Provisions, third precedence will be given to the construction plans, foux~h precedence will be given to the Standard Specifications and the General ~ Provi~ions will be given last precedence. In the event of a conflict between any of the S~gndas'~d Specifications with any other referenced speci~icatzons, such as the Texas Depa~tment of Public Transportation Standard Specifications for Highways, _, Street~ anc~ Bridges, ASTM specifications, etc., the precedence will be given to addenci~, S~cial Provisions and Supplemental Special Provisions (if applicable), constr~xctioln plans, referenced specifications, Standard Specifications, and General Provi~ions, in that order. A-35 ~.ty ~ter Facilities- Special Requirea~ents NOT USED ~ ~ . 41~ee~~~aet-~r,s ~nrl o-~ s, r~-i• ~~~~7-ees--~t~s~ ~a~e 6~3--c~ti~'-Yc~9<3~}-z? ila€e~if-A~~e~*ra~}e~ ~~es~~m n aQ~~e~ #jr-~}~e E~~~~~da~e~--~~-pa~e~ ~ ~~+TIZT'f~l; t..~ iL. ~7 f~ ~ 4 eF,a-~t-~ne~~e~~e~e~ ~eL ~2=VaZi-r~Cr~ ' ~s ~-- ~lf"V 1~T9~'faY F ~ ~ ~ T C OL 'G[~C~~~~e~a~ ~}~~e~~a~~e~ ~e€e~~8 ~ ~ C'~ Section A - SP (Revised 10/98) Page 16 of 24 ~"--- ' t-~-~v#ri~--AdTS~-~3iSP 6~Q~~-Pi ~~ fna~e~-~a~s a-~~ - , , ' • . , ~ne~~ea~ ,,r ~~ , -~~a~a~~s T......,«- ~ ,.T..~~ ~ E+~a San~~a ~ 1...,] ~L. c+ .a n ~-~e~ ~'e~~~3 r . ~1f~~3 ~a-~e~}a~s ~I30~H~E-~ N ~ ~ ~-~9"T_GA3~-~3~~9 -6~-~3F~8~i ' ' 7 xc A~}~@$~ s ~ ~ea ~:~~: s:p~ '~:S S~ ~ a j ~ , r a~ a~d--6~-- an~ t~~e$s~~ L~r~~ w~n 4~ .~~_ -~ ~- -- ~----- --r~.,.. ...~ ..~~~. ~°- ~'-~ccz- r ~ i ~ ~u~'-~^-_ . i i _ a~d~a~-emg~e~ee • -' ~ • ~ • ~ • 6: - ~~eA~68EB-~~A-uoc •~ L~ a n a. ~. r . . , nYnui r~^ : ~, c • ~ ~ r ~:- -- r . . _ _ . .7 v -...1 .. ~-- r~e~~e ~e--~~e ., ...,~..v ,~---~ ~~~c~~g-a~~ ea~~~-e~ s~~s~e~t-~st---~e "'t ~€s~~ne~ e~-~--~vy- q~a~~~~e~ ~e~n~~ea~ a~~ s~~e~r~se~-~-~e~se~e~, a~ -~~ ,.,, . c: .. ~~e~s ~ ~h~~ 9 ~e~ew ~'~~s we~~ ' ' ~ . , • ` . , , , . ~Q~t3~4~33~--2az ~n~.-~ - . , ~ • . ~ ~. ' e~a~~e~ a~~ ~a~~r~a~e a~t~,~-ei= se€~~ra~e ' ~' a ~e.; •- ~_~}r_~~ese ' F ' ~ ' Section A - SP (Revised 10/98) Page 17 of 24 ~ --- _-.~,._ ..,~ ,.~~._,.,~~,r .,,~,....-r.. ~- .....,. ~ ~.... ..~~ ~ti . , °°~'~~'~T- "a ~--~~T~~~ae~ e~ a~~eas~ ~~~ee-~~e~ ~~ 3-= -~~e~,-~~n--ae~~v~~~-er~gage~ }F~ ~~-~}~-9~ FVC-~i~'~E $F.^c^cizi^cc~i-rt,icccsn €e~ a~-~-easF~~-~~_ 4-- .... .. u ~. ~ ~ ~,.a r,.-~, r~ .. , ...~.~.~jv tigz $~3~~H~~E~'-A~£r ~- R1 n~kri aa-~ Pnrti nrici ~- F a.t. ~ Y LFAY?[ .Yf~„m1~~.~°..a.. v~.'--c:ii~ ..i.i.i.. ~~.vza.T. .~, j..^_. T- Y~ ~ .~vsaascT- e~t~be~ed~ ~~np~eae~~-~g ~~e s~ee~€~e ..~.. ". , re~ ~1s~^. c izciirc~--. b-----~ie .,}~~., a_ ~-€x3~}~-_s-~a~-€e~ an~ e~~PPe~ s~e~a~e~ =u~,~~_._.,~~r ^ "-~~rres-$€-~#~~~e~-ee~ s~~e ~c}-ma~~~a~r~, ~ePa~~, ~~~~e; ~~-~*~e~g~~~ ~~g--s~s~ems ~~,AZ~f; ~,~ ~ ~----- I~e s~a~-~ -€-~--~-s~-e~~~~~e~ ~rh~e~ ~s ~~e~~e~ae~ e~ e~e A~}Aa-}.~AP-~tiY'PF k.a klaci~~iici ~~a«<~~aa~~~ea~ E3Ece~t~ -V~tEi'~~~3~9 ~S 236t ~-~e-~~ea~; -a~~ ei~~~~te~~ e€ z-~~ve~ ~~e ~v~~~ ~e ~~e-~~e~~e~~ e~e ~:•ata,:. ~~~~~ . 8--- . . f-7...-. .-1. F.-.r ~L,~.. n....~....~- ~-----z~e ~.~...-r~.,..~ =-s~a~-~-g~c~e~ttee~~~ €~~~e~ e~~=g~eg~a~tm~$g-~=Pel~ ~'°a ~,. ~~~.J~ke-~~~am~~~g-as ~ee~e~ a~~ ~eq~}~e~. ~e a~a t~ese-~::~...,~~.,... .-.. «.~.~ ~_F~~~---E~~Z--SC~B~4 sTe~~m ~~~ae~e~ ~o a~r--e~~~-~ +-he ~~~~-; ..~a r --~g~amm~~g-~~e~~es vr~~e~t ~~e Er~~ -~e-€~~-~?~~-~~-a~~ g~ire~ ~e ~~e E~~~~~g~~ee~ rr}~~ a~~ Al~.~n~ ^a^ a,~...~~,7 ~n~~og~a.~an~~~~ase '~~e~~~ae~e~ 9~ee~ ~S ' e ~e~ ~~e~e~ ~e s~e~r a~~ e€ ~~e -' '~ } '£t~e ....~~r ...-.,r A-36 ~ther Submittals ~hop f~trawing Submittal: The Contractor shall follow the procedure outlined below rthen processing Shop Drawing submittals: a. Quantity: Contractor shall transmit ten (10) copies of each submittaZ to the City Engineer or his designated representative. The City Engineer trill retain three t3) copies. b. ~.eproducibles: In addition to the ten (10) copies required above, the ~.bntractor shall also submit one (1) reproducible transparency for all shop drawings. C. ~ttbmittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially ~umber each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the ~ontractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on ~ach submittal form. ci. Gontractor's Stamp: Contractor must apply Contractor's stamp, ~:ppropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent eonstruction 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 ~he submission of related itetns. ..., Section A - SP (Revised 10/98) Page 18 of 24 f. Marking_ Con[ractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to prvvide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to sucressful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineex review stamps on all submittal forms_ i Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to " subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. ' 2- ~amples: The Contractor must submzt samples of finishes from the full range of ~lanufacturers' standarc3 colors, textures, and patterns for City Engineer's ~election. 4 3- Test ~nd Repair Report Ti~ltien ~ecified 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 ~tithin the specified time to the City Engineer for approval. Otherwise, t3ie_re~3ated equipment will not be approved for use on the project. ~ A-37 ,~teadq~ "Arrangemestt and Charge for Water Furnished by the City" NOT IISED , ~ -~- -- ..,..-.,a ~. ~,.. „ • , a~~ ~~e-io'~' -,.ti~y ~ ~ ~he Hi-~~+~e€ 6e~t~s Eh~~s~~~-s T--.:~~ ~~se~~a~}e~ a~d- ~~a~ as--amP~~e~--~-~~e "~~a~3nT~'~33$ ~° _~~ s-~~e-zt~e~g~x-~--ee~s~~~e~~e~. ~~ ' A-38 ~rker'8 Compensation Coverage for Building or Construction Projects for .,~., ~n!~o~~weziz ~SAL1G1e$ '- _ The reC~ire~ents of "Notice to Contractors ~B'° are incorporated by reference in this SpeciaT Provision. A-39 tif +Cate of Occ anc and Final Acce tance ATOT USfiD ~'-1~ ~t~~~-9~ ~~3E,'~fFk~i~9bci~~cxxco QaQC~' b'eRP~?~ ~~BV}5-~633 $ $--g-- ~ A-40 F~~enday~-t to Sectias B-8-6 • Partial Bsti.mates General Prov~sions and ReCC~uirements for Municipal Construction Contracts Section B-8- 6: Par~al ~~timates is amended to provide that approximate estimates from which " partiai pay~ents will ba~ calculated will not inelude the net invoice value of accept~le, non-perishable materials delivered to the Project wark site unless the Contra~tor grovides the City Engineer with documents, satisfactory to the City Enginee~r, that show that the material supplier has been paid for the materials delivered to the Project work site_ Section A - SP (Revised 10/98} Page I9 of 24 A-41 ~tzzons:~dviso Primirl~g anc~ hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer wiZl notify Contractor about ozone alert. If a delay such as this is experienced, the day will ,„, not be courYted as a calendar day and the Contractor will be compensated at the unit pri_ce indiCated in the progosal. A-42 ~HA ~las & Regulwtions A- It is the r+esponsibility of the Contractor(s) to adhere to all applicable OSHA rules and regula~ions while perforniing any and all City-related projects and or jobs. A-43 ~en_d~d Indemnification & Hold Harmless Under "Gene~'al Provisions and Requirements for Municipal Construction Contracts" B- 6-21 de ~fication ~ Hold Harmless, text is deleted in its entirety and the follo ng ~s substituted in lieu thereof: Z'he Contractor shall hold the City, its officials, employees, attorneys, and ~ ~,gent~ harmless and shall indemnify the City, its officials, employees, d~ttor~.eys, and ageats from any and all dainages, injury or liability whatsoever €rom an act or ornission of the contractor, or any subcontractor, supplier, teaterfal man, or their otficials, employees, agents, or consultants, or any ,.., vrork done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor sha21 hold the City, its officials, employees, attorneys, and a~ent~ harmless and shall indemnify the City, its officials, employees, ~tttor~eys, and agents from any and all damages, injury, or Iiability whatsoever from a negligent act or omission of the city, its officials, employees, ikttorl~tys, and agents that directly or indirectly causes injury to an employee of thQ contractor, or any subcontractor, supplier or material man. A-44 (~IAtit~~ ORD$RS Should a cl~pange order(s) be required by the engineer, Contractor shall furnish the enginder a complete breakdown as to all prices chargefl for work of the change order (unit ~rice~c, hourly rates, sub-contractor's costs and breakdowns, cost of materials and ec~ipmeartt, wage rates, etc.?. This breakdown information shall be submitted by contr~etor as a basis fpr the price of the change order. A-45 l~t-BII~firT DI~SIOI~ AND DRIIWIN{iS (a) Contractor shall make appropriate daily measurements of facilities eonstructed and keep accurate records of location {horizontal and vertical) of all facilities. (b) 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 incZude the following: {1) Horizontal and vertical dimensions due to substitutions. (2) Changes in eguipment and dimensions due to substitutions. (3) "Nameglate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 10/98) Page 20 of 24 A-46 ~ispo~,tal of Highly Chloriaated Water (7/5/00) The Gbntractor shall be responsible for the disposal of water used for testing, disin~ection and line flushing in an approved manner. Contaminants in the water, parti~3ularly high leveis of chlori.ne, will be used for disinfection, and may exceed the p~ermis~ible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be The Cqntractor's responsibility to comply with the requirements of alI regulatory agencies ia the disposal of a31 water used in the project_ The methods of disposal shall be submitted to the City f~r approval. There shall be no separate pay for dispoaal of highly chlorinated water. Contractor shall not use the City~s sanitary sewer system f.or disposal of contaminated water_ A-47 ~re-C3~nstructioa ~loratory Bxcavations (7/5/00) Prior to a~y construction whatsoever on the project, Contractor shall excavate and ~ expose all existing pipelines, utilities and conduits of the project that cross withi~t 20-Eeet of proposed pipelines, utilities and excavation on the project and Contral~tor shall survey the exact vertical and horizontal location of each crossing ~ and pcstentially conflicting pipeiines, conduits and utilities. For e~,istinkg pipelines, utiZities, and conduits which parallel and are within ten feet (1o~) of proposed pipelines, conduits and excavation of the project, Contractor rt shall excapate and expose said existing pipelines, utilities and conduits at a maxim~n of 30U-feet O.C. and Contractor shall survey the accurate horizontal and vertics~tl locations of said parallel pipelines, conduits and utilities at 304-feet maximtAn O. C. Contra~etor shall then prepare a report and submit it to the City for approval indica~ing the Owner of pipelines, conduits and utilities excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and ,~ elevations of the top ef existing pipelines, conduits and utilities. Contra~tor ~}tall perforat no construction work on the project until all exploratory excava~ions have been matle in their entirety, the results thereof reported to the ~- Sngine~lr a~d until Contractor receives Sngineer's approval of report. Prior to a~r pre-coastruction exploratory excavations, Contractor shall submit to the $nw~inee7t the means aad ~thods for exploratory excavation to be used. Contractor '~ shall ~se a~a-destructiw equipment to perform exploratory excavation. Explor~ttory excavations shall be considered subsidiary to appropriate bid item. Contra~tor shall provide all his own survey work effort {no separate pay) for w explorttory excavations_ A-48 QI~'erha~d Blectrical f9ires (7/5/00) Contraetor shall comply with all OSHA safety requirements with regard to proximity of con~truction equipment beneath overhead electrical wires_ There are many overhead wires crossing the construction route and along the construction route. Contractor shall t~se all due diligence, precautions, ete., to ensure that adequate safety is r provid~ for all of his employees and operators of equipment and with regard to ensuriag that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction ° schedule with regard to said overhead lines. Some ov~rhead lznes are shown in the construction plans, while others are not_ It shall YY7we the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 10/98) Page 21 of 24 A-49 ~men~d "Maintenance Guaranty" {g/24/00? Under "Gen~ral Provisions and Requirements for Municipal Construction Contracts", B- 8-11 ~aintenance Guaran~, add the following: - "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor e~iration of the ~ guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." . A-50 DeWa~sriag and Disposal of Groundwater This ktem shall be considered subsidiary to appropriate bid item where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all casts to provide a dry foundation for the proposed improvements. Storm water that ~nters an excavation can be pumped out as long as care is taken to minimize solidf# and mud entering the pump suction and flow is pumped to a location that allowa for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to purt~p storm water to an area where ponding occurs naturally without Zeaving the designated work area or by manmade berms prior to enterine~ the storm water systerri. Sheet flow and ponding is to allow solids screeaing and or settling prior to entering a storm water conduit or inlet_ Storm water or groundwater shall not be discharged to private property without permi~ion. It is the intent that Contractor discharge groundwater primarily into ~ the ea~3.stisf~g stoxm xater system, provided that the quality of groundwater is equal to or bett6r,rr than the receiving stream (Oso Bay). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall -- be re~ested by the City, at the City~s expense, a minimum of once a week. The Contr~ctor shall coordinate with the City, on all testing. Test wiZl also be perfor~ed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to they nearest sanitary ~ewer system. If discharging to temporary holding tanks and trucki~g to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated_ Other groundwater disposal alternatives or "," solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contra~tor sha1Z contact Mark Shell 857-1817 to obtain a~no cost" permit from the v~4 Wasteu~ter Department_ The City will pay for any water quality testing or water analy~is cc~t required. The permit will require an estimate of groundwater flow. Grounc~[rater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how lozig it takes to fi.ll to or.iginal Zevel and overnight level. A-51 $lec~ronic Submittal of Bids The following paragraph modif.ies Paragraph B-2-7 - Preparation of Proposal, of the General PrQVisions: .,~ The bidder has the option of submitting a computer-generated print-out, in lieu of, the Prpposal {SHEETS: 3 THI2U 10 OF 18), INCLUSIVE. The print-out will list all bid items (incluriing any additive or deductive alternatesJ contained on Proposdl Sheets ~'~ (3 THRU l0 OF 18). If the Contractor chooses to submit a print-out, the print-out shall be acCOmpanied by proper2y completed proposal pages 1, 2, 11, 12, 13, 14, 15, 16, 17, and 18. A"sampla" print out is shown in Attachment II. In add$tion, the print out will contain the following statement and signature, after t.he Iast bid item: (Contractor} herewith Section A - SP (Revised 10/98) ~- Page 22 of 24 ,..._.,,.,. ,...,m... ,.~,. ...a .>. „~,F_ ....w„~,... -._x .. ~.. _ ,~„> ~ _ e...r.: _~...~~_,_.~._. _..~. .......- . .~.. ,..,.~....~.. .~~__......~.. _.~.._ .~...~._ ,,,...,,,~ certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no otl'~r IIIformation from this print-out_ (Contractor) ackno~ledges and agrees that the Total Bid Amount shown will be read as Its fiotal Bid anti further agrees that t:he official Total Bid amount will be determined by mu7tiplying the un_it bid price {Column IV) shown in this print-out by the respective estimated quantities shown ira t}ze Proposal (Column II) and then totaling the extended amounts. {Signature} (Titl.e'} (Date)" A-52 VaZ~e Rnaineerin The Ce~tra~tor's attention is directed to paragraph B-4-5 Value Engineering Incent~.ve Pxocedures, of the General Provisions, which states: "After award of the "' contra~t, the Contractor may develop and submit, to the City Engineer, Value Engine~ring Change Proposals {VECP'S) identify potential reductions in the contract cost by eff~ctive changes to the contract plans and specifications." Therefore, Che Contra~tor 9tha11 fully examine the plans, specifications and contract documents, as weli a~t, tYte project location, construction phase schedule in Appendix C, traffic control pla~ts, method of award, contract calendar days and liquidated damages, and all ot~er ~jor items involved in the scope of the project to judge for itself the _ circu~tanc+ss and difficulties affecting the work to be performed and obtain all inform~rrtion required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, o€ the General Provisions. In other words, the Contractor shall complete _ it's proposal to the best of it's ability, as currently provided. A-53 ~iust F~'oatrol - Contra~tor ~hall take reasonable measures to prevent unnecessary .dust. Earth surfac~ su~ject to dusting shall be kept moist with water or applications of a chemic~ du~t suppressant. When practicable, dusty materials in piles or in transit shall be cottered to prevent blowing dust. Section A - SP (Revised 10/9B) Page 23 of 24 ~,.,.~, ~.,..,., .~„ .~. , _ ,~ ....._.:~ ~-__ ~.... . ,,,..- - .,._<.as,.._...«,~-,.. _-o...,.-.~..~...~ ~..,..* SIIBMI~TAL TRANSMITTAL FORM PROJEC`T : OiaT1~TER: CITY OF CORPUS CHRISTI ENGIN~sR : CONTR~CTOR: SUBMI~AL DATE: APPLIC~lBLB SPECIFICATION C~t DT~TING SUBMITTAL NUMBBR: SUBMITTAL ~o ,,,,, _~.~,,, ..~ ,_4 ..,. ~ . ,..-w,~,,,,,,,...:__ .., ......»,.. ,,~.. ; PROJI3CT No . Section A - SP (Revised 10/98} ~ Page 24 of 24 .,~..~.-....~.~.~,..~..~-:. . ~....,..~,~.~...._~.~. ....~....~._....~..+w ia ~ , ~ '_ ~ ~ ~ ~ \ \ \ ~ ~ ~ rt r~ cV r~ co v- " N'_ 3f8" ~ ~ 3~8., ~ ~ ~ ~ ~ 00 ~ ~ ~' ~I' ~ _ I `* ~ \ ~ ~ ~ i ~ ~ ~ --------~ ~ y! ~~----- ---J ~ _~ ~ ~. 0 io ~ ~ ~ \` ~ .. ~ ~ ~ v j m % ~ W \ r \ ~~ ( ~ ~~ j~~ \ ~ Iv., I ~ ~ ~ ~ W ZU ~ W~ V~~ \ 4 O ~ /~ O \ ~ ~ 2 ~ _ ~/ ~ < Y o ~ Um ~W ~U„I p o ~ I ~ ~ Z ~ ,~ = Z ~ ~t I I \ a0 ~ ~ _ O ~ d 3 p _ ~ °o \ >c \a Q a ~ ~ ~ d' ti '. ao ~ '~ O \ ~ 3 ~ ~ ~ ~ N ~ ~ Q ~ in ~ ~ ~ ---- --- C ' --~ ~ \-~ ~, ~ ------ J m ~ i N .~ ~ ~ ~ i ~\ \_ ,~ ~ 1 1F/'2" 1'-2 1/8" i'-10 1/2" 2'_ p•• 2._~.. , ~ ~ ~ `° ~ v~ ~"~ ~ ^ ~ ~ a~ oern ¢._~., a ~ a ~ _---- " 4i ~ `. ° ~~".- ~ w - ~~~~ ~ATTACH~IlEWT 1 -- --- __ ~~,,~,.~ ~~~~,:N ~ .~. ,,~.. -~ _.~ -..T, T,,.~ ~ ._~,,..... _ . .~.__~~~ ~,,... . . _ _~.._ .~._.~~~.,........ ~.,,n., .,_ ~ ...._._ _ ~... _ _.. . _. ..~,~,. SAMPLE . COMI'UTER PRINT - OUT ' F~O_ JE4~' TITLE D,~TE ~ (~~UMPANY'5 NAII[E HERE) ___I _ ~ - ~ IV V Iten1 Qty. Units Item Description Unit Price in Fi ares Bid Item Ert. Qty X Unit Price ~A1 34,475 SY Street ExcavaUon 00.00 00.00 A2 5,033 SY 6" Cement STBL Salva e Base 00.00 00.00 Etc. -- -_ _ - --- Etc. Etc. - - D21 ___ _-- 33 EA -------- ---. 00.00 00.00 Sub-Total Base Bid "D" Items (Items D1-D21) -~ Sub-Total Base Bid "A" Items $ Sub-Total Base Bid "B" Items $ Sub-Total Base Bid "C" Items $ ~ Sub-Total Base Bid "D" Items $ Total Base Bid Items $ Attacbment II Page 1 of 1 DtSCL~SURE OF LOBBYING ACTIVITlES Approved by OMB Ccamplete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 o3ae-ooas (S-'ca ravaren fnr nnhlin F.~~r.~n .~Ii~.~l.,~.~..~ ~ 1. 'Eype of F~deral ~4ction: 2. Status of Federal Action: 3. Report Type: ~ a. contact ~~a. bid/offer/application ^ a. i~itial filing b grarrt b. ini#ia! award b. materiai change c cooperative agreement c. post-award For Material Change Only: d. ioan year quarter e. loart guarantee date of last report f. Eoan:insuracace ~ 4. Name andAddr~ss of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ~ P~me ^ Subawardee and Address of Prime: Tier if known : Con res nal rict, if known : __ Con ressional District, if known : 6. Rederal artr~tlAgency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. F~ederal A~ion l~rnber, if known : 9. Award Amoun~, if known : $ 1U. a. Name ~d At~'ess of Lobbyi~ Entity b. lndividuals Performing Services (including address if ( if inditi~dual, IYtat name, first narne, Ml): different from No. 90a ) (last name, first name, MJ}: (aip~:h ContinuaSon Shee t(s) SF-LLtA, if necessary) 11. Amount ~f Payt~nt {check a!1 tha# apply): 13. Type of Payment (check all thaf apply): $ __s.__ ^ actual ^ p~anned ^ a. tetainer ^ b. one-time fee i 72. Form of ymed# (check all that a~ply): ^ c. commission ^ a. cash ^ d. con6ngent fee ^ b. in-kip~; spec~: nature ^ e. ~~~ V8-Ue _ _ ~ f. other, speci(y: 14. ~rief Dea~ripti~l of Services Pe~ormed or to be Performed and Date(s) of Service, including officer(s), employei~s), or~ember{s} contacted, for Payment Indicated in Item 11: (a~ch Continuation Sheet(s) SF-LLLA, if necessary} 15. Continu n S t s SF-LLLA a~ached: ^ Yes ~~o .~ s, u~tormatio~ reqr~lled Urcou~ ihis form ~s authorized by title 31 U.S C. sec9on ~i52. This dis~ure ot k~ying activities is a materall represenqtion ot fact SI nature: g upon whicii refia~e was p18~d by tt~e Oer aGOVe when Uui hans~tion was matle Q e~a~a ~~- ,~ra~5 a~ ~s re~ired pursuant b 31 US.C. ~352. This ~ Print Name: ~om~on wiN ~te~orted ~~e Corgress semiannualh f~~d will be avaieble for ~ duouc ~wecs n~Y pe~r, wrw ~aas w rae u~ ~~e as~sure ~n r,e Title: subject b a 6vlf~nalty of RpCtess mat E10.000 and not more tl~an 5~00.000 for ~" ~" ~~~~ Telephone No.: Date: > ~ ~ 5 3 - t..' t~ =Q sa y"av`~ "~ ~" ° ~ " ~'` ~.''' ~ r+r~,.: ~ :~ '~~t k~~,~,f.: u ~ ~,,; '~'~~a ~ .~,t~ ~~' ' ~ ~ AuthorizedforlocalReprodudion ~ y ~'~ ~ ~ ~-,~e ', _ ~ ~ ~';- ~ ` ~ x, Standard Form LLL (Rev. 7-97) al rACHMEN7111 1ACn IMSTRtJCT10NS FOR C{)MPLETiON ~F SF-LLL, DISCLOSURE OF LOBBYING ACTIVtTIES Th~s disciosure fi~n shafl be compieted by the reporting entity, whether subawardee or prime Federal recipienl, at the init+a6on or receipt of a wvered Federa! action, or a materil charzgs to a previous filing, putsuant to title 31 U.S.C. sedion 1352. The fiHng of a form is required fo~ each payment or agreementto make paymen[ to any W~bying e~/ for influencing or a~empting io intluence an officer or employeeof any age~cy, a Member of Congress, an officer or empioyee of "'* Congress, or a~ elnployeeof a Memberof Co~gress in connedionwlth a coveredFederalacfion_ Use the SF-LLLA ContinuationSheet (or addRionalinformation if the space on the form is ~adequate. Complete as iEems that apply for boih the initial filing and material change report_ Refer to the imptementing guidance published by the Qffice of Management and 8udget for additional i~formation. i_ Identify 1f'1e rype of covered Federal ac.tion tor which Iobbymg ac6vity is and/or has been secured to inFluence the outcome of a covered Federal action. 2 ldentify 1Ae slatus of the covered Federal ac6on. 3 Identify ~e appro~tiate Gassificatio~ of ttais repoR. If this is a folbwup report caused by a material change to the infom-adon previously reported, enter the yearamd quatler i~ which ihe change occurred. Enter the date of the tast previouslysubmitted report by fhis reporting entity for ihis covered Federal action 4. Enter ths~ul! narr~, address, cdy, State and zip code d the reporting entity. lndude Congressional District, if knovm. Chedc the appropriatedassificatan of the reprting er~rthat designates if it ~, or expects to be, a prime or subaward recipient. ldenfity the 6er of the subawardee,e_g., the first subawardee of ?he prime is ths 15t tier. Subawards i~dude but are not limited to subcontracts, subgrants and contract awarcls under grants. ., 5 If the or~enizatiodf~Nng the repoR in item 4 chedcs "Subawardee,'then enter the full name, address, city, State and zip code of the prime Federal recipie~t Include Congressional District, if known. ~ 6 Enter th+~ name of ~e Federal agency making the award or loan commitment. I~clude at Ieast one organizationalleveE bebw agency name, if known. For exampte, Departrt~ent of Transportation, tlnited States Coast Gua~d. 7 E~ter ttsRfederat~royram name or desedption for the covered Federal adion (item t). If known, enter the full Cat~og af Federal Domestic Assis~nce ~ (CFDA) twmber Upr grants, cooperafive agreements, toans, and ban commiUnents_ 8. Enter Ut~ most ~rnpriate Fed~al idenWying nvmber available for riie Federal action identified in item 1(e.g., Requesf for Proposa! (RFP) number, ,,,,~ {nvitatiolMlior Bid ~IF6) number; ~ant at-nourx:ementnumber; ihe contract, gra~i, _or bari award number; the appliqlioMproposalcoMrol number assign~'by the Fette~ra! agency). Incfude prefuces, e_g., "RFP-DE-90-001.' , 9. For a cciqered Federal actan where there has been an award or loa~ commiUnent by the Federal agency, enter the Fede~al amount of fhe award/loan commitment for ~e prime entity idenGfied in item 4 or 5. 10. (a) Entet the full r~ame, address, ciry, St9te and zip code oE the lobbyirg entily engaged by the reportir~g entity idenlified in item 4 io influence the covered Fede~4at action. ~ ""* 'i (b) Ente~ the full ffames of the individual(s} per~orming services, and indude full address if differeM (rom 10 {a}. Enter Last Name, First Name, and Midde tni6al ('#Iq). 11 Enier tl~ amourN~F compensa6onpaid or reasonablyexpectedto be paid by fhe reporting entily (tem 4) to the lobbying entily (item 10). Indicate whether the pay~ent has;Deen made (actual) or will be made (planned). Check aN boxes that apply_ If this is a material change report, enter the cumutative amount e~f paym~nt made or planned to be made. 12. Check 1[le appropriatebox(es). Check aM Doxesthat apply. If paymentis made through an in-kind cattribut+on, specify the nature and value of the in-kind paymer~f. 13. Check ~e appropriate box(es). Check aR boxes that apply. If other, speafy nature. 14. Provide~a specifas and detailed descriptian of the services that the lobbyist has perfortned, or wiil be expectedto perfoRn, and the date(s) of any services rendered_ Include all preparatory and retated activity, not just time spent in actual contact with Federal officials. IdenGfy the Federal official(s) or employ+pe(s) con~cted w the afficer(s), employee(s), or Member(s} of Congress that were contaC@2d. 15. Check Mlhether of rrot a SF-LLLA Contintration Sheet(sj is attached_ 16. The ce~ying o4~tie1 shall sign and date the fortn, prirtt hisfier name, title, and telephone number. Accarding to the ~aperwa~kReduction Rct, as amended, rro persons are required to respond to a cotledion of infortr-ation uNess it displays a valid OMB Control IVumber. The v~d OMB t~ntrot number for this infortnation collection is OMB No. 0348-U046. PuWic reporting burden for this coHedion of ir~fcx[matio~ is 'es6rqated to ave~IRge 30 ~utes pej response, inGuding time for reviewing instructions, searching existing data sources, gathering and maintaini~g the data neec~ed, and Cng rewewing the co1leC~on of informa6an. Send comments regarding the burden esGmate or any oft-w aspect of tliis coUec~o~ of info~ation, inc ng su~tions for reducing ttfis burden, to ttie Q-fice of Managementand Butfget, PaperwakReduction Project (0348-0046}, Washington, DC 20503. ATTACFMAENTtiI 20F2 SPECIAL PROVISION FORM FHWA -1273 R~QUIRED (~ATTRACT PROVISIONS F'EDERAL - AID CONSTRUCTION CONTRACTS U.S. Department of Transportation Federal Highway Administration SPECIAL PROVISION Form FHWA-1273 R~equired Con~act Provisions Federal-Aid Construction Contracts !. General 1 II. Nondiscrimination 2 o III. Nonsegregated Facilities 6 1V. Payment ofPrede~rmined Minimum Wage ( V. Statements and Pa~+ro(ls 11 VI. Record of Materi~is, Supplies and Labor 13 $ VII. Subietting or Assit~ning the Contract 13 VIII. Safety: Accident P'revention 14 IX. False Statements Concerning Highway Projects 14 X. Implementation of Clean Air Act and Fedetal Water Pollution Control Act 15 - XI. Certification Reg~pding Debazment, Suspension, Ineligibility and Voluntary Exclusion 16 XII. Certification Regacding Use of Contract Funds for Lobbying 19 ATTACHMENTS A. Employment Pref~tence for Appalachian Contracts (included in Appalachian contracts only) L Genersl. 1. 'i'hese cantract provisic~s shall apply to all work performed on the contract by the contractor's ov~ org~ization and with the assistance of workers under the contractor's immediate superinte~tdence and to all work performed on the contract by piecework, station work, or by sub~ontr~c#. 2. ~xcept as otherwise provided for in each section, the contractor shall insert in each subcontr~ all of the stip~lations contained in these Required Contract Provisions, and further rec~ire tl~ir inclusion in atty lower tier subcontract or purchase order that may in turn be made. Th~ Requ~ired Contract Pravisions shall not be incorporated by reference in any case. The prime corl~tractor shall be respons~ble for compliance by any subcontractor or lower tier subcontractor wit~i thes~ ~.equired Contract Provisions. 3. A bre~ of any of the stipulations contained in these Required Contract Provisions shall be suf~cient ~rrounds for terrr~ination of the contract. 4. A breach of the followi~g clauses of the Required Contract Provisions may also be grounds for debarr~t~ent as provided in 29 CFR 5. I 2: 1-20 Form FHWA-1273 Rev. 12-93 Sectian I, paragraph 2; Secti~n IV, paragraphs l, 2, _5, 4, and 7; Secti€~n V, paragraphs 1 and ?a through 2g. ~' 5. Dispu~es arising out of the labor standards provisions of Section N(except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes - cla~ase of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Dep~rtment of Labor (DOL) as set forth in 29 CFR Parts 5, 6, and 7. Disputes within the me$r-ing of this clause include disputes between the contractor (or any of its subcontractors) and -~ the contr~cting agency, the DOL, or the contractor's employees or their representatives. 6. Selecti~n of Labor: During the performance of this contract, the contractor shall not: _,, a. di~criminate against labor from any other State, possession, or territory of the United State~, (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), c~r ~"' b. er~ploy convict labor for any purpose within the limits of the project unless it is labor perfocmed by convicts who are on parole, supervised release, or probation. II. Non~crimination. (Ap~plicab~e to all Federal-aid construction contracts and to all related subcontracts of $10,000 0.- ~ mo~e.l 1. Equat:~mpioyment ~portunity. Equal employment opportunity (EEO) requirements not --• to c~scrir~nate and to take affirmative action to assure equal employment opportunity as set forth un~er laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed --~ pursuant to 23 U.S.C. 140 shall cor-stitute the EEO and specific affirmative action standards for the contr~tor's project activities under this contract. The Equal Opportunity Construction Co~ract ~pecifications set forth under 41 CFR 60-43 and the provisions of the American -. Dis~bilities Act of 1990 (42 U.S.C. 12101 et seq.) Set forth under 28 CFR 35 and 29 CFR 1630 are incorp~rated by reference in this contract. In the execution of this contract, the contractor agt~es to comply with the following minimum specific requirement activities of EEO: --, a. "I't~e Contractor will work with the Staxe highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. ~~ b. The Contractor will accept as his operating policy the following statement: "lt is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin, age or disability. Such action shall include: Employment, upgrading, demotion, or ~, trans~er; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensatian; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." ~. 2. ~EO ~icer. The Contractor will designate and make known to the SHA contracting off'~eers at~ EEO Of~cer who will have the responsibility for and must be capable of effectively 2-20 Form FHWA-1273 Rev. 12-93 ,~ ..,~ ..«, „~ .,,~,~,,.--~- ._,,_~m_ ,.~. ..., .~:,..~a_.~~~._,_~. ...~.. ,~-_..._. , ,.._.,,, ad~iniste~ing and promoting an active contractor program of EEO and who must be assigned adc~quate ~tuthority and responsibility to do so. 3. ~isse~~nation of Policy. All members of the Contractor's staff who are authorized to hire, supi~rvise, promote and discharge employees, or who recommend such action, or who are . sub~tantia~~y involved in such action, wi[1 be inade fully cognizant of, and will implement, the Ca~ractar's EEO policy ac~d contractual responsibilities to provide EEO in each grade and clas~;ifica~on of employment. To insure that the above agreement will be met, the following _ actit~ns will be taken as a minimum: a. P~odic meetings of supervisory and personnel office empioyees will be conducted before the start of wo~lc and then not less often than once every six months, at which time ~ the C+ontractor's EEO policy and its implementation wi(I be reviewed and explained. The meet~tgs will be conducted by the EEO Officer. ° b. AIl new supervisory or personnel office employees will be given a thorough indoc~eination by the ~EO Officer, covering all major aspects of the Contractor's EEO obli~ions within thirty days following their reporting for duty with the Contractor. ~ c. A~ personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedure for locating and hiring minority group ~ emplayees. d. N~ices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's E~O policy and the procedures to implement such policy will be brought to the attention of employees by means of rneetings, employee handbooks or other ~ apprQpriate means. 4. ~tecr~i~ment. When advertising for employees, the contractor will include in all ~ ad~rtiset~ents for employees the notation: "An Equal-Opportunity Employer." All such ad~+ertiset~nts will be placed in publications having a large circulation among minority groups in ~e area from which the project work force would normally be derived. ~ a. T~ contractor will, unless precluded by a valid bargaining agreement, conduct syste~natic and direct recruitment through public and private employee-referral sources likely to yield qualifieui minority- group applicants. To meet this requirement, the ~ Con~~etor will identify sources of potential minority group employees, and esta.blish with such identified sources procedures whereby minority group applicants may be refened to the contt~tor for employment consideration. b. Irt the event the contractor has a valid bargaining agreement providing for exclusive hiritt~ hall referrals, he is expected to observe the provisions of that agreement to the extent ~,. that ~ system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discri~inating against minorities or women, or obligates the contractor to do the same, such ~ impldtnentation violates Executive Order 11246, as amended.) 3-20 Form FHWA-1273 Rev. 12-93 c The Contractor will encourage his present employees to refer minority group applicants for emplo~ment. Information and procedures with regard to referring minority group appli~ants will be discussed ~vith employees. ~" 5. Ferso~t~el Actions. Wages, working conditions, and employee benefits shall be established and admi~istered, and personnel actions of every type, including hiring, upgrading, promotion, tra~ster, demotion, layoff, and termination, shall be taken witl~out regard to race, color, religion, sex, or national origin, age or disability. The following procedures shall be followed: a. I'he Contractor will conduct periodic inspections of project sites to insure that working ~ conditions and employee facilities do not indicate discriminatory treatment of project site persannel. ~ b, The Contractor will periodically evaluate the spread of wages paid within each classi~cation to determine any evidence of discriminatory wage practices. c. Th~e Contractor wili periodically review selected personnel actions in depth to determine whet~ter there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyor~d the actions reviewed, such corrective action shall include atl affected persons. d_ The Contractor will promptly investigate all complaints of alleged discrimination made ..,. to the contractor in co~nection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigatEOn indicates that the discrimination may affect persons other than the _ comp~ainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of the avenues of appeal. 6. 'Traini~ and Promotivn. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority -- group and women employees, and applicants for employment. b. Ccjnsistent with the contractor's work force requirements and as permissible under Feder~l and State regu}ations, the contractor shall make full use of training programs, i.e., appre~ticeship, and ort-the job training programs for the geographical area of contract perfot~mance. Where feasible, 25 percent of apprentices or trainees in each occupation shall he in ~:eir first year of apprenticeship or training. In the event a special provision for traini~lg is provided ur~t~er this contract, this subparagraph will be superseded as indicated in the special provision. c. The Contractor will advise employees and applicants for employment of available trainit~g programs and ~ntrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women em~oyees and will encourage eligible employees to apply for such trainintg and promotion. 7. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the r,oniractor will use his/her best efforts ta obtain the cooperation of such unions to increase 4-20 Form FHWA-1273 Rev. 12-93 opportunities for minority groups and women within the unions, and to effect referrals by such uni~ns of minority and female employees. Actions by the Contractor, either directly or through a ' co~ttraccar's association acting as agent will include the procedures set forth below: a, The Contractor wili use best efforts to develop, in cooperation with the unions, joint -~ training programs aimed toward qualifying tnore minority group members and women for merr~bership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. » b. T'he Contractor will use best efforts to incorporate an EEO clause into each union agreament to the end that such unions will be contractually bound to refer applicants without _ regard to their race, color, refigion, sex, national origin, age or disability. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except th~t to the extent such information is within the exclusive possession of the 18~bor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obta~n such information. d. In the event the union is unable to provide the contractor with a reasanable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment effocts, fill the employment vacancies without regard to race, color, religion, sex, national orig~n, age or disability; making full efforts to obtain qualified and/ar qualifiable minority grou~ persons and wornen. (The DOL has held that it shall be no excuse that the union with whic~t the contractor has a collective bargaining agreement providing for exclusive referral faile<i to refer minority employees.) In the event the union referral practice prevents the cont~actor from meeting the obligations pursuant to Executive Order 11246, as amended, and l~ese specia( pr~visions, such contractor shall immediately notify the SHA. 8. Selec~n of Subcontractors, Procurement of Materials and Leasing of Equipment. The co~tract~ shall not discri.minate on the grounds of race, color, religiion, sex, national origin, age or ~disabi~ty in the selectivn and retention of subcontractors, including procurement of materials and leases of equipment. a. 'The contractor shall notifv all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. L~isadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal oppa~#unity to compete for and perform subcontracts which the contractor enters into purst~ant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female repr~sentation among their employees. Contractors shall obtain lists of DBE construction firms from SHA persannel. c. The Contractor wi11 use his best efforts to ensure subcontractor compliance with their ' EEO obligations. 9. ~tecords and Reports. The C'ontractor shall keep such records as necessary to document - co~npliarrce with the EEO requirements. Such records shall be retained for a period of three ye,~rs fol~o~ving completion of the contract work and shall be available at reasonable times and pl~+ces for inspection by authorized representatives of the SHA and the FHWA. 5-20 Form FHWA-1273 Rev. 12-93 a. The records kept by the Contractor shall document the following: { 1) The number of minaritv and non-minority group members and women employed in each work classification on the project; ~2) The progress and ei~forts being made in cooperation with unions, when applicable, .-, #o increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being ~' made in securing the services of DBE subcontractors or subcontractors with meaningful minority and ferriale representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the praject, indicating the number of minority, women, and non-minority group employees curr~ntly engaged in each work classification required by the contract work. This infotanation is to be reported on Form FHWA-1391. If on-the job training is being required by special provision, the Contractor will be required to collect and report training data. III. No~egregated Fac~ties (A~plica~le to all Federal-aid construction contracts and related subcontracts of $10,000 or m«e. ) a. B~ submission of this bid, the execution of this contract or subcontract, or the con~ttnmation of this material supply agreement or purchase order, as appropriate, the --~ bidd~er, Federal-aid canstruction contractor, subcontractor, materia( supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its establishments, and that ~he firm does not permit its employees to perform their services at any location, under --, its control, where segregated facilities are maintained. T'he firm agrees that a breach of this certiftcation is a violation of the EEO provisions of this contract. The firm further certifies that t~o employee witl be denied access to adequate facilities on the basis of sex or disability. -- t~. A~ used in this certificati~n, the term "segregated facilities" means any waiting rooms, worl~ areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker ~ roorns, and other storage or dressing areas, parking lots, drinking fountains, recreation or entet~ainment areas, transportation, and housing facilities provided for employees which are segretgated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, or national origin, age or disability, because of habit, local custom, or otherwise. ~' "I'he ~nly exception will be fnr the disabled when the demands for accessibility override (e.g. disabled parking). c, "The contractor agrees that it has obtained or will obtain identical certification from prop~sed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such «~ certi~ications in its files. 6-20 Form FHWA-1273 Rev. 12-93 _...._. :,~w.... .,.',_ .._ ...... ,,,.,,.. ........,,~....~._ . ~. ~.,,.,~_ . ,~, ~ e~. a.u.~.~..,~~~ -„_..,_..~- ~_._.,.,._. .e,~._..._.,._.,~ I~. Payptent of Predetermined Minimum Wage. ~ 1,4~plicable to a[I Federal-aid construction contracts exceeding $2,000 and to all related si~contr~cts, except for projects located on roadways classified as local roads or rural minor catlectors, which are exempt.) Y 1. General. a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or reba#e on any account {except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)} the full amaur-ts of wages and bona fide fringe benefits (or cash equivalents thereo~ due at time of payment. The payment sha(1 be computed at wage rates not less than those contained in the wag~e determination of the Secretary of Labor (hereinafter "the wage determination") which is at~a:ched hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conf+otmed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHVf~A-1495) shall b+e posted at all times by the contractor and its subcontractors at the site uf tl~te work in a prominent and accessible piace where it can be easily seen by the workers. For the purpase of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits ur~der Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a} on ~ behalf of laborers or rnechanics are considered wages paid to such laborers or mechanics, subj~tct to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of #his Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly} under plans, funds, or programs, which cover the particular weekly peric~d, are deemed to be constructively made or incurred during such weekly period. Such labarers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actUally performed, without regard to skill, exce~t as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be µ corr~nsated at the r~te specified for each classification for the time actually worked therein, pravided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. °~ c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CI~R 1, 3, and 5 are herein incorporated by reference in this contract. ., 2. ~las~iFication. a. 1~e SHA contracting officer shall require that any class of laborers or mechanics emp~oyed under the contract, which is not listed in the wage determination, shall be M~ clas~ified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe ben~ts only when tt~e following criteria have been met: 7-20 Form FHWA-1273 Rev. 12-93 ( t j the work to be performed by the additional ciassification requested is not performed by a classificatiun in the wage determination; ~ (2) the additional classification is utilized in the area by the construction industry; (3} the proposeci wage rate, including any bona fide fringe benefits, bears a reasonable ~ retation4hip to the wage rates contained in the wage determination; and {4) with respect to helpers as defined in Section IV.4c, when such a classification ~ prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officcr agree on the classification and wage rate (including the amount designated for fringe benefrts where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards °' Administration, Washington, D.C. 20210. The Wage and Hour Administrator, ar an authQrized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will '° notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the cantractor or subcontractors, as appropriate, the laborers or mechanics ~">~ be e~loyed in the additional classification or their representatives, and the contracting offic~r do not agree on the proposed classification and wage rate (including the amount desi~ated for fringe benefits, where appropriate), the contracting officer shall refer the _, 9uestions, including the views of all interested parties and the recommendation of the cont~cting officer, to the Wage and Hour Administrator for determination. Said Adir~nistrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-d~y period that additionai time is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to ~'' paragraph 2c or 2d ~f this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification, 3. Payrn+~t of Fringe Benefits. a. V~henever the minimum wage rate prescribed in the contract for a class of laborers or _. mechanics ine(udes a fringe benefit which is not expressed as an hourly rate, the contracto~ <~r subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe beneftt or an hourly cash equivalen~ ~ thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as part of the wages of any laborer or mechanic the ' amoe~nt of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of ob(igations under the plan or program. 8-20 Form FHWA-1273 Rev. 12-93 4. Appne~tices and Traffiees (Programs of the U.S. DOL) and Helpers). a. A,pprentices. (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individuallv registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing ~uvork on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perform~d. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's leve( of progress, expressed as a percentage of the journeyman-levei hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. ~~ (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, widthdraws approval of an apprenticeship program, the contractor ar subcontractor will no longer be permitted to utilize apprentices at less R than the applicab~e predetermined rate for the comparable work performed by regular employees unti[ an acceptable program is approved. b. Trainees. (1) Except as pro~+ided in 29 GFR 5.16, trainees will not be permitted fo work at less t~n the predetercriined rate for the work performed unless they are employed pursuant " to and individual~y registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 9-20 Forrn FHWA-1273 Rev. 12-93 (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll a# a trainee rate who is not ~" r~gistered and participating in a training plan approved by the Employment and 'Training Administration shall be paid not less than the applicable wage rate on the wage ~termination for the classification of work actually performed. In addition, any trainee ~' performing work on the job site in excess of the ratio permitted under the registered p~rogram shall be paid not less than the applicable wage rate on the wage determination f~r the work actually performed. " (3} Every trainee must be paid at not less than the rate specified in the approved pcogram for his/her level of progress, expressed as a percentage of the journeyman-level -° hourly rate specif~d in the applicable wage determination. Trainees shall be paid fringe b+enefits in accordance with the provisions of the trainee program. If the trainee gt~ogram does not mention fringe benefits, trainees shall be paid the full amount of ~ fringe benefits listed on the wage determination unless the Administrator of the Wage at~d Hour Division determines that there is an apprenticeship program associated with tl~e correspondin~ journeyman-level wage rate on the wage determinatian which -~ ~rovides for less than full fringe benefits for apprentices, in which case such trainees s~all receive the same fringe benefits as apprentices. (4) In the event the Employment ar-d Training Administration withdraws approval of a training program, the contr~.ctc _.. or subcontractor will no longer be permitted to utilize trainees at less than the applica~~?: ~redetermined rate for the work performed until an acceptable program is approved. c. Hetpers. (1) Helpers will be permitted to work on a project if the helper classification is specified a~n an applicable wage determination or is approved pursuant to the conformance °~ procedure set forth in Section N.2. Any worker listed on a payroll at a helper wage rRte, who is not a helper as defned above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performe~. - 5. Appre~tices and TraitMees (Programs of the U.S. DOT). Apglcentic+~s and trainees working under apprenticeship and ski~l training programs which have ' bee~ certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid ~-ighw~ty construction programs are not subject to the requirements of paragraph 4 of this Sec~#on IV. The straight time hourIy wage rates for apprentices and trainees under such ~' pro~ams will be established by the particular programs. The ratio of apprentices and trainees t~ jour~eyme~ shall not be greater than permitted by the terms of the particular program. 6. ~+Vith6~+ding. The SHA shall upon its own action or upon written request of an authorized representative of the _ DOL wit~ld, or cause to be withheld, from the contractor or subcontractor under this contract or a~-y oth~r Federal contra~et with the same prime contractor, or any other Federally assisted con~tact subject to Davis-B~acon prevailing wage requirements which is held by the same prime _,,,, con~tactor, as much of the accrued payments or advances as may be considered necessary to pay labc~rs and mechanics, inciuding apprentices, trainees, and helpers, employed by the contractor or a~y sub~ontractor the fu11 amount of wages required by the contract. In the event of failure to 10-20 Form FHW~-1273 Rev. 12-93 pa~+ any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting o~'icer rrtay, after written notice ta the contractor, take such action as may be necessary to cause th~ suspension of any furt~er payment, advance, or guarantee of funds until such violations have c.e~sed %. Overt~ne Requireme~ats. Nc~ contr~tor or subcontratctor contracting for any part of the contract work which may require ' or involv+e the employment of laborers, mechanics, watchmen, or guards (including apprentices ar~d trair~es, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, t~nechanic, watchman, or guard in any workweek in which he/she is employed on such ~` wc~rk, to work in excess af 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Viola~n. Li~bility for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set fo~ in p~agraph 7 above, the contractor and any subcontractor responsible thereof shall be lia~le to ~ie affected employee for his/her unpaid wages. In addition, such contractor and s~contr~ctor shall be liable to the United States (in the case of work done under contract for the D~ttrict c~f Columbia or a t~rritory, to such District or to such territory). Such liquidated damages sl~ll be ~omputed with respect to each individual laborer, mechanic, watchman, or guard er~loyed in violation of ~e clause set forth in paragraph 7, in the sum of $10 for each calendar da~ on v~tich such employee was required or permitted to work in excess of the standard work wc~ek of 40 hours withouf payment of the overtime wages required by the clause set forth in patagraph 7. 9. With~lding for UnpAid Wages and Liquidated Damages. Tt~e SHA shall upon its own action or upon written request of any authorized representative of th~ DOL withhold, or cause to be withheld, from any monies payable on account of work pe~form~ci by the contractor or subcontractor under any such contract or any other Federal cc~ttract with the same pc~ne contractor, or any other Federally assisted contract subject to the Cc~tract'~Vork Hours and Safety Standards Act, which is held by the same prime contractor, s~h surr~s as may be determined to be necessary to satisfy any liabilities of such contractor or s~contc~ctor for unpaid wages and liquidated damages as provided in the clause set forth in pa~agraph $ above. V. Statem~ents and Payrolls, (A~plica~rle to all Federal-aid construction contracts exceeding $2,000 and to all related subcontra~ts, except for projects located on roadways classified as local roads or rural collectors, - w~ich ar~ exempt.) L Com~iance with Copeland Regulations (29 CFR Part 3). The contractor shall comply q, wi~ the Copeland Regul~ions of the Secretary of Labor which are herein incorporated by re~rence. 11-20 Form FHWA-1273 Rev. 12-93 2. ~ayro~* and Payrol[ Records. a. Payrolls and basic records relating thereto sha(1 be maintained by the contractor ana eac.: -° subcantractor during the course of the work and preserved for a period of 3 years from ttic: date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work --~ b. Tl~e payroll records shall contain the name, social security number, and address of each such ~mployee; his or her correet classification; hourly rates of wages paid (including rates of cot~ttributions or c~sts anticipated for bona fide fringe benefits or cash equivalents therea~ of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actuai wages paid. In addition, for ,_„ Appa~achian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normal ly reside in the labor area as defined in Attachment A, paragt~aph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably antic'tpated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, tiie contractor and each subcontractor shall maintain records which show that the committnent to provide such benefits is enforceable, that the plan or progr~~ ~ is fin~-ncially responsible, that the plan or program has been communicated in writing to th~ labort~rs or mechanics affected, and show the cost anticipated or the actual cost incurred ~~~ provi~ing benefits. Contractars or subcontractors employing apprentices or trainees urzc;~~ r appro~red progra.ms shall maintain written evidence of the registration of apprentices ana trainees, and ratios and wage rates prescribed in the applicable progra.ms. c. Fach contractor and subcontractor shall furnish, each week in which any contract work w~ perfortned, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information r~~quzreci to be mainta.ined under paragraph 2b of this Section V. This information may be submi~ed in any form desired. Optional Form WH-347 is available for this purpose and may be purcl~sed from the Superintendent of Documents (Federal stock number 029-005-00 ~ 4- ~;. U.S, Government Prir~ting Office, Washington, D.C. 20402. The prime contractor is respo~-sible for the sub~nission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a"Statement of Compliance," signed b.: ~ the ca~tractor or subet~ntractor or his/her agent who pays or supervises the payment of th~ persons employed un~r the contract and shall certify the following: (i) that the payroll for the payroll period contains the information required to be n~aintained under paragraph 2b of this Section V and that such information is correc~. a~nd compiete; (Z) that such laborer or mechanic (including each helper, apprentice, and tra.inee) ernployed on the contract during the payroll period has been paid the full weekly wage~ esmed, without rebate, either directly or indirectly, and that no deductions have been ..a. rtaade either directly or indirectly from the full wages earned, other than permissible c~eductions as set forth in the Regulations, 29 CFR 3; 12-20 Form FHWA-12~3 Rev. 12-93 (3) that each laburer or mechanic has been paid not less than the applicable wage rates and fringe benefts or cash equivalents for the classification of work performed, as specified in the a~plicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. T'he falsification of any of the above certifications may subject the contractor to civil or ~ crirrfinal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragra.ph 2b of ~ this Section V available for inspection, copying, or transcription by authorized repr~sentatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the ~ DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, ar gt~tarantee of funds. Furthermore, failure to submit the required records upon request or to ` make such records available may be grounds for debarment action pursuant to 29 CFR S.i2. VL Rec~rd of Materials, Supplies and Labor. 1. On all Federal-aid contracts on the National Highway System, except those which provide sol+~ly for the installation of protective devices at railroad grade crossings, those which are _ cc~struci~ed on a force account or direct labor basis, highway beautification contraets, and c~tracts f~r which the total final construction cost for roadway and bridge is less than $1,000,(~fl (23 CFR Part 635) the contractor shall: `' a. ~ome familiar with the list of specific materials and supplies contained in Form FHV~A-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Invo~ving Federal Funds," prior ta the commencement of work under this contract. ~ b. Maintain a record of the total cost of all materials and supplies purchased for and incc~porated in the work, and also of the quantities of those specific materials and supplies ~. listed on Form FHWA- 47, and in the units shown on Form FHWA-47. c. F~nish, upon the completion of the contract, to the SHA resident engineer on Form FHV~A-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amo~-nt earned. 2. At the prime contractor's option, either a single report covering all contract work or separate re~orts for the contractor ~nd for each subcontract shall be submitted. VH. Supietting or Assi~ing the Contract. 1. The contractor shall perform with its own organization contract work amounting to not less ~ th~n 30 p~rcent (or a greater percentage if specified elsewhere in the contract) of the total or~inal cc~ntract price, excluding any specialty items designated by the State. Specialty items m~ry be p~tformed by subcontract and the amount of any such specialty items performed may be 13-20 Form FHWA-1273 Rev. 12-93 ded~acted from the total original contract price before computing the amount of work required to be perfortt~ed by the contractor's ~~wn organization (23 CFR Part 635). ~ a. "I~s own organization" shall be construed to include only workers employed and paid direc~ly by the prime ~ontractor and equipment owned or rented by the prime contractor, with ot~ without operators. Such term does not include employees or equipment of a ~ subcontractor, assignee, or a~ent of the prime contractor. , b. "S~ecialty Items"' shall be construed to be limited to work that requires highly specialized knowiedge, abilities, or equipment not ordinarily available in the type of contracting orga~izations qualified and expected to bid on the contract as a whole and in general are t~ be limited to minor components of the overall contract. 2. The ec~tract amount upon which the requirements set forth in paragraph 1 of this Section VII is «~mput~eti includes the eost of material and manufactured products which are to be purchased or p-roduced by the contractor under the contract provisions. ~ 3. The co~tractor shall furnish (a) a competent superintendent or supervisor who is employed b~~ the firm, ~s full authority to direct performance of the work in accordance with the contract -- rec~irem~#s, and is in charge of all construction operations (regardless of who performs the wc~c) and (b) such other of its own organizational resources (supervision, management, and en~neeri~g services) as the SHA contracting officer determines is necessary to assure the ~ pe~'ormance of the contraet. 4_ No po~tion of the contract shal l be sublet, assigned or otherwise disposed of except with the _, wr~ten cc~tsent of the SHA contracting officer, or authorized representative, and such conse~t. when given shall not be construed to relieve the contractor of any responsibility for the ful~llment of the contract. Written cocisent will be given only after the SHA has assured that -, eadk~ subcontract is evidenced in writing and that it contains all pertinent provisions and re~iremc~nts of the prime contract. VI~. Sa~y: Accident Prevention. 1. In the ~erformance of this contract the contractor shall comply with all applicable Federal, Stai~e, anc~ tocal laws governing safety, health, and sanitation (23 CFR Part 635). The contractc>f _, sh~ pro~ide all safeguards, safety devices and protective equipment and take any other needec! actions as it determines, or as the SHA contracting officer may determine, to be reasonably necc~essary to protect the life and health of employees on the job and the safety of the public a~fci ..., to ~otect property in conrtection with the performance of the work covered by the contract. 2. ~t is a~ondition of this contract, and shall be made a condition of each subcontract, whieh tl~~e cott~ractoe enters into pursuant to this contract, that the contractor and any subcontractor shal ~ r~ _: t +' per~it any employee, in performance of the contract, to work in surroundings or under co~tiition~ which are unsanitary, hazardous or dangerous to his/her health or safety, as det~rmined under construction safety and health standards (29 CFR 192b) promulgated by tlre ~' Se~etary of Labor, in accardance with Section ] 07 of the Contract Work Hours and Safety St~dards Act (40 U.S.C 333). _, 3, ~ursu~-t to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or aut~orized representative thereof, shail have right of entry to any site of contract performance i~ 14-20 Form FHWA-1273 Rev. 12-93 .,.~ _~. ..w_ ,~. - --,,,,,.,,. _. .,. .~~r.,, .. ~ _.w . _.._ ~_ ..... _. . _ ..~.._.M~,~......,...._.. ~~. ~.~, ~.._.~ ~ ...,.,~ ~ _,__._.,,~ in~ect or investigate the matter of compliance with the construction safety and health standards and to caery out the duties of the Secretary under Section 107 of the Contract Work Hours and Sa~ety Standards Act (40 U.S.C. 333). IX. False Statements Cc~tcerning Highway Projects. In arder to assure high quality and durable construction in conformity with approved plans and spe~eificat~ons and a high ~gree of reliability on statements and representations made by en~ineers, contractors, sup~liers, and workers on Federal-aid hig~hway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and ho~estly as possible. Wi}lful falsification, distortion, or misrepresentation with respect to any facts rela.t~d to the project is a violation of Federa( law. To prevent any misunderstanding re~rding the seriousness af these and similar acts, the following notice shall be posted on each Federal-a~d highway proje~t (23 CFR Part 635} in one or more places where it is readily available #o all persons concerned with the project: ***** Notice to A~ Personnel Engaged on Federal-Aid Highway Projects 18 U.S.C. 1020 reads as follows: - "V~oevet, being an officer, agent, or employee of the United States, or any State or Temtory, or wh~ever, whether a person, association, firm, or corporation, knowingly makes any false st~emerit, false represent~ion, or false report as to the character, qua.lity, quantity, or cost of the - m~erial used or to be used, or the quantity or quality of the work performed or to be performed, or ~e co~ts thereof in connection with the submission of plans, maps, specifications, contracts, or costs a~ construction on any highway or related project submitted for approval to the Secretary ~ of Transp~ortation; or Whaever knowingly makes any false statement, false representation, false repc~rt or false claim with respect to the character, quality, quantity, or cost of any work petfarme+d or to be perfort~rted, or materials furnished or to be furnished, in connection with the ~ co~tstruct~on of any highway or related project approved by the Secretary of Transportation; or W~toever knowingly makes any false staxement or false representation as to material fact in any _ staAement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shsll be ~tned not more than $10,000 or imprisoned not more than 5 years, or both." ***** X. Imple~entation of Ctean Air Act and Federal Water Pollution Control Act. (A:gplicable to all Federa(-aid construction contracts and to all related subcontracts of $100,000 or ~nore.) By subm~ssion of this bid, or the execution of this contract, or subcontract, as appropriate, the bidder, FederaI-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 15-20 Form FHWA-1273 Rev. 12-93 1. That any facility that is or will be utilized in the performance of this contract, unless such corttract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 92-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. ~ I 251, et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in impleme~tation thereof (40 CFR I S) is not listed, on the date of contract award, on the U.S. Environrr~ental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20_ ~' 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of th~ Clean Air Act and Section 308 of the Federal Water Pvllution Control Act and all re~latiorns and guidelines listed thereunder. 3. That the firm shall proEr-ptly notify the SHA of the receipt of any communication from the Dir~ctor, 4~ffice of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraphs 1 ~' thmugh 4 of this Section X in every nonexempt subcontract, and further agrees to take such acti~n as ~te government may direct as a means of enforcing such requirements. XI. Cert~ication Regarding Debarment, Suspension, Ineligibility and Voluntary E~i~lusio~. 1. ~nstruc~ons for Certification - Primary Covered Transactions: (Applicable to all Federal-~A~i cot~tracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing ~ the certification set o~t below. b. T7le inability of a person to provide the certification set out below will not necessarily - result in denial of par~cipation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certii~cation or explar~tion will be considered in connection with the department or agency's ~ deter~ination whether to enter into this transaction. However, failure of the prospective prima~ry participant to furnish a certification or an explanation shall disquaiify such a person from participation in this transaction. , c. The certification in this clause is a material representation of fact upon which reliance was p~aced when the c~epartment or agency determined to enter into this transaction. If it is ~ later c~etermined that t}ie prospective primary participant knowingly rendered an erroneous certif~cation, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. 'Tt~e prospective pri~riary participant shall provide immediate written notice to the departrnent or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has becc~m~; "' erroneous by reason of changed circumstances. e. Tt~e terms "coverec} transaction," "debarred," "suspended," "ineligible," "lower tier _ covec~d transaction," "participant," "person," "primary covered transaction," "principat," "prop~psal," and "volun#arily excluded," as used in this clause, have the meanings set ~ut in the ~finitions and Coverage sections of rules implementing Executive Order 12549. You _ 16-20 Form FHWA-1273 Rev, 12-93 may contact the depa~ttment or agency to which this proposal is submitted for assistance in obta~rting a copy of those regulations_ f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered intc~, it shall not knowingly enter into any lower tier . covered transaction with a pei•son who is debarred, suspended, declared ineligible, or volu~tarily excluded from participation in this covered transaction, unless authorized by the dep~rament or agency entering into this transaction. g. The prospective ptimary participant further agrees by submitting this proposal that it will include this clause titied "Certification Regarding Debarment, Suspension, Ineligibility and Vol~#ary Exclusion-Lower Tier Covered Transaction," provided by the department or agertcy entering into this covered transaction, without modification, in all lower tier covered tran~tions and in all solicitations for lower tier covered transactions. ~° h. A participant in a covered transaction may rely upon a certification of a prospective partieipant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or volu~tarily excluded from the covered transaction, unless it knows that the certification is ~ erro~us. A participant may decide the method and frequency by which it determines the eligi~ility of its principals. Each participant may, but is not required ta, check the nonpt~curement portion of the "Lists of Parties Excluded From Federal Procurement of ~ Non~ocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. ~ i. Nbthing contained in the foregoing shalt be construed to require establishment of a systean of records in arder to render in good faith the certification required by this clause. The irnowledge and information of a participant is not required to exceed that which is ~ norcnally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a eavered transaction knowingly enters into a lower tier covered transaction with a person ~' who is suspended, debaned, ineligible, or voluntarily excluded fmm participation in this trans~ction, in addition to other remedies available to the Federal Government, the dep~ctrnent or agency may terminate this transaction for cause or default. Certifi€ation Regardi~ Debarment, Suspension, Ineligibility and Voluntary Exclusion- Primary Covered Transactions 1. The ptt~spective primary participant certifies to the best of its knowledge and belief, that it antt its principals: - a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or volu~tarily excluded from covered transaetions by any Federal department or agency; b. E-~ve not within a 3-year period preceding this proposal been convicted of or had a civil judgcment rendered against them for commission of fraud or a criminal offense in conn~ction with obta~ning, attempting to obtain, or performing a public (Federal, State or loca~ transaction or contract under a public transaction; violation of Federal or State antii~st statutes or commission of embezzlement, theft, forgery, bribery, falsification or dest~iction of records, making false statements, or receiving stolen property; 17-20 Form FHWA-1273 Rev. 12-93 _~„ °~ c. Are not presently indicted for or otherwise criminally or civilly charged by a governmenta( entity (Federal, State or local} with commission of any of the offenses enur~erated in paragr~ph lb of this certification; and d. Have not within a 3-year period prec~ding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. V~fhere the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ****x~ 2. Instr~etions for Cer~ti~ication-Lower Tier Covered Transactions. (Applicable to all su~contraocts, purchase orders and other lower tier transactions of $25,000 or more-49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. T'he certification in this clause is a material representaxion of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prosp~ctive lower tier participant knowingly rendered an erroneous certification, in addition to ot~er remedies avaiiable to the Federal Government, th~ department or agency with which. this ~ransaction origirtsted may pursue available remedies, including suspension and/or deba€ment. c. `T~e prospective lower tier participant shall provide immediate written notice to the persta~ to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. "I'l~e terms "covered transaction," "debaned," "suspended," "ineligible," "primary covered --: trans~tction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, h~e the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this - proposal is submitted for assistance in obtaining a copy of those regulations. e. -['he prospective lower tier participant agrees by submitting this proposal that, should the _a propc>sed covered transaction be entered into, it shall not knowingly enter into any lower tier cover~ed transaction with a person who is debarred, suspended, declared ineligible, or volunt~i(y excluded from participation in this covered transaction, unless authorized by the depat~ment or agency with which this transaction originated. ~ f. 'I'lre prospective lower tier participant further agrees by submitting this proposal that it wil( ~clude this clause titled "Certification Regarding Debarment, Suspension, Ineligibility -` and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volut~rily excluded itom the covered transaction, unless it knows that the certification is .~. errotuous. A participant may decide the method and frequency by which it determines the eligil~ility of its principals. Each participant may, but is not required to, check the Nonprocurement List. ~ 18-20 Form FHWA-1273 Rev. 12-93 ,~ h. Nothing contained in the foregoing shall be construed to require establishment of a syst~m of records in order to render in good faith the certification required by this clause. ~' The knowledge and information of participant is not required to exceed that which is norrr~ally possessed by a prudent person in the ordinary course of business dealings. i. 1~xcept for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this tran~tion, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. **~:** Certif~cation Regardi~ Debarment, Suspension, Ineligibility and Voluntary Exclusion- ' Lower Tier Covered Transactions l, The pEOSpective lower tier participant certifies, by submission of this proposal, that neither it nor its pr~cipals is preser~#ly debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency_ 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certiftcation, such prospective participant shall attach an explanation to this proposal. ***** XII. Certification Regarding Use of Contract Funds for Lobbying. (A~licablt~ to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more-49 CFR 20} t. The p~spective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. Na Federal appropriated funds have been paid or will be paid, by or on behalf of the unde~signed, to any person for influencing or attempting to influence an officer or employee of an~+ Federal agency, a Member of Congress, an officer or employee of Congress, or an empit~yee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering ir~to of any cooperative ageeement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b, If any funds other than Federal appropriated funds have been paid or will be paid to any persa~n for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 19-20 Form FHWA-1273 Rev. 12-93 2. This certification is a material representation of fact upon which reliance was placed when this transa~ction was made or entered into. Submission of this certification is a prerequisite for ma~ing or entering into this transaction imposed by 31 U.S. 1352. Any person who fails to file the requir~d certification shall be subject to a civil penalty of not less than $10,000 and not mor~ than $100;000 for each such failure. 3. `fhe prospective participant also agrees by submitting his or her bid or proposal that he or she sha~ requ~re that the language of this certification be included in all lower tier subcontracts, wh~ch exaeed $100,004 and that all such recipients shall certify and disclose accordingly. T~ ~ 20-20 Form FHWA-1273 Rev. 12-93 ~AR"~ C- FE"~LRAL WAGE RATES AND RLQUIRBM$NTS ~ i" , ~ Page 1 of 2 General Decision Number. TX030039 06/13/2003 TX39 Supersecled General. Dec~sion No. TX020039 ~ta`e: TEXAS Corrstructi.on Type: HEAVY County(ies): NUECES SAN PATRICIO HEAVY GONSTEtUCTION PROJECTS (including Sewer and Water Line Constructian and Drainage Projects) Modificat:ion Number Publication Date 0 06/I3/2003 COUNTY(iesj: NDECF.S SAN PATRICIO SUTX2052A I2/O1/1987 Rates Fringes CARPENT~RS {~xcluding Fvrm Setti~g) $ 9.05 CONCRETE FZIVZSHER ~.5~ ELECTRIGIAN 13_37 2.58 LABORER3: Common 5 . 64 Utility 7_68 POWER F~UIPI~NT OPERATORS: Backhc~e 9 . 21 Motor Grader 8.72 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scop~e of the classifieations listed may be added after award o~ly as provided in the iabor standards contract clauses ('L9 CFR 5.5 (a} (1) (ii) ) . - -------- Fn the listing above, the "SU" designation means that rates iisted ~nder that identifier do not reflect collectively P bargain~d waqe and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailinq. _ WA~E DBTERMINATION APPEALS PROCESS I.} Has there been an initial decision in the matter2 This can be: * an ex~,sting published wage determination * a sur~y u~derlying a wage determi.nation Page 2 of 2 * a Wage and Hour Division letier setting 1=orth a ~ posit~ion on a waqe determinatior~ matter * 3 conformance ladditional classif.ication and rate} rua ing On surcey related matters, iniria] contact, including requests for sucn~aries of surveys, should be with the Wage and Hour Reqional Uffice for the area in which the survey was conducted -" because those Regional Offices have responsibility for the ~avis-Sacon survey prograrn. If the response from this initial contact: is nat satisfactory, then the process described in 2_) and i.) should be followed. ~ With rec~ard 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: Brarich af Construction Wage Qer_erminations Wag~ and Hour Division „'" U. S• Department of Labor 200 Constitution Avenue, N. W. Washinqton, L~. C. 20210 „ 2.) If the answer to the question in 1.) is yes, then an interest~+rd party (those affected by the action) can request review a1[~d reconsideration from the Wage and flour Administrator (See 29 ~FR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour AdminisY_rator [J_S. Department of Labor 7_00 Constitution Avenue, N. W_ Washington, D. C. 20210 The request s~ould be accompanied by a full stateiaent of tne interestled party's position and by any information (wage payment data, prc~ject description, area practice material, etc.) that the requesto~ con~iders relevant to the issue. 3.) If the deCision of the Administrator is not favorable, an interestt~c3 pa~ty may appeal directly to the Administrative Review Board (farmerly the Wage Appeals Board}. Write to: Administrative Review Board -^~ U. S. Department of Labor L00 Constitution Avenue, N. W. T~Iashington, D. ~^. 20210 4.) A~l c~ecisions by the Administrati.ve Review Board are final. END OF GENERAL DECISION ; j _,, i .. , ~ ~ . , . , , . , . . _ _ _ Page 1 of 3 General i~ecision Number: TX03G122 02/25/2005 TX122 ~tate: Texas 'orstruc_t.on Types: Heavy and Highway !'ounties: Nueces, San Yatricio and Victoria Counties in Texas. HIGHWAY CONSTRUC`PION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commerciaL naviqation, bridges involving marine construction; and other rnajor bridges). .. Mo<~ification Number Publication Date p O1/28/2005 1 02%18/2005 2 02i25/2005 5UTX2005-00"7 11/09/2004 Rates Fringes ~ Asp~alr. Distributor Operator...$ 12-42 0.00 p 00 Asphalt paving machine operatorS 11_57 _ 40 0 ~ Asghalt Raker ...... ...........$ 9.36 . 00 0 Bulldozer operator......_.....•S ID-9~ . 00 0 ....$ 10.71 . Carpenter .................. 12.18 Concrete Finisher, Pavinq...._.$ 0.00 Cor~ rete Finisher, Structures..$ 11.16 p.00 p 00 Cor~crete Rubber ................$ 10.50 , Cr,.~ne, Clamshell, Backhoe, ~ Dezrick, Dragline, Shovel ~ Q~ ....$ 12.55 Operator.. ................. _S 7.1~ 0.00 er ............... .... E1+~99 . Form Builder/Setter, Structures$ 11.47 0.00 Fo7Cm Setter, Paving ~ Curb.....5 9_65 0.00 Fot~ndati.on Dri11 Operator, 00 0 Truck Mounted.........._• ..•..$ 15.32 . 00 Q Fr€~nt End Loader Operator--.-•-$ 10.05 . 00 0 ..$ 8.35 Laborer, common_.. ...._..... $ 9.09 . 0.00 L~porer, Utility .. ............ $ 13.1~ 0_00 ............ Mechanic.......... Mc~tor Grader Operatar, Fine 00 0 Grade ............. ....$ 13.78 _ 00 0 Mator Grader Operator, Rouqh...$ 15.00 _ p ~0 pipelayer ...............•--•,-.S 9.00 ~ • Kaller Operator, Pneumatic, p 00 $ 8~7 S~lf-Propelled.._..._.....•-• . Roller Operator, Steel Whee?, 00 0 • Flat W~ieel/Tamping .............$ 8.57 . Raller Operator, Steel Whee1, p ~0 Plant @4ix Pavement......... .••S 9•49 . 00 0 S~rapez Operator ...............$ 9.67 . p QO ..5 10.75 ~ . Servicer_..-•-•••.....-~ .... ..$ 14.00 l Worker 0.00 ._.._. Structural Stee 00 0 T'ruck driver, lowboy-Float__...$ 19.15 . Txuck driver, Sinqle Axle, 0 00 E~eavy......._......_._.........$ 11.39 . '~~uck driver, Single Axle, Page 2 of 3 ~ Liqht ............... ..... .._S 9.00 0.00 TM Truck 7river, Tanclem Axle, Semi-Trailer.. . ... ...... „ _~ 9.3g 0.00 Welder.._._.._. ..... .... . ...;' ?B.00 0_00 Work Zone Barri.~3de :ervicer..., 8.97 0.00 ~~ WELDERS Rr~ceive rate prescribed for craft performing operation to which welding is incidental. _ ____=_= - _ _:=_-__= ____ _____=__ ____________=_____________ Unl~sted cLassifications needed for work riot included within tne scape of the classifications listed may be added after award Qn1y as provided in the labor standards contract clauses (29CFR 5.5 (a} (1; (zi))_ In the listing above, the "SU" designation means that rates listed under the identifier dc not reflect collectively bargairted wa~qe and fringe benefit rates. Other designations indica~e unions whase rates have been determined to be prevailing. WAGE DETERMINAfiION APPEALS PROCESS 1.) Has there been an initial ~ecision in the matter? This can be: * an e~isting published wage determination * a st~;tvey underlying a wage c~etermination =.~ * a W~ge and Hour Division letter setting forth a position on a wat~e determination tnatter * a conformance (additional classification and rate) ruling -„ On survLy related matters, initial contact, including requests for suml~aries of surveys, should be with the Wage and Hour Regiona3. Office for the area in which the survey was conducted -~. because those Regional (~ffices have responsibility for the Davis-B,~con survey prog.ram_ If the response from this initial contact is not satisfact.ory, rhen the process described in 2.} and 3.} should be followed. '^~ with regard to any other matter not yet ripe for the formal process descTibed here, initial contact should be with the Branch of Coc~struction Wage Determinations. Write to: Branch of ~:~anstructi.on Wage Determinations l~Vage dnd Hour Division t7.S. Department cf Labor 200 Constitution Avenue, N.W. iifashington, DC 20210 2.} If the answer to the question in 1_) is yes, then an Page 3 of 3 intere~ted party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CF'R Part 1_8 and 29 CFR Part 7}. Write to: Waye and Haur Administ,ator O.S. Department of Labor 200 Constitutior. AvenuE~, N.W. Washzngton, DC 2021Q The request should be accompanied by a full statement of the intereiSted party's position and by any information (wage payment dat~, project description, area practice material, etc.) that the requestor considers relevant to the issue_ 3.) If the decision of the AdminisT_rator is not favorable, an interei~ted party may apgeal directly to the Administratine Review Board (formerly the Waqe Appeals Board). Write to: Administrative Review Board U_S. Department of Labor 200 ~onstitution Avenue, N.W. Washington, DC 20210 4.~ Ali decisions by the Administrative Review Board are final. __=___~_ ____=_=______-___ ===_=_=-______°_______________________ END OF vENERAL DECISZON A G R E E M E N T THE STAT~ OF T~XAS § COU!!~'Y QF NUECE S § TEI~ AGREE~NT is entered into this 12TH day of D$C~ER, 2006, by and between the CITY OF C~RPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and King_ Isla~, I~c, termed in the Contract Documents as "Contractor," upon thes~ terms, performable in Nueces County, Texas: In consideration of the payment of $1,151~028.30 by City and other obligations of ^ity as set out herein, Contractor will c~nstruct and complete certain improvements described as follows; WOt~LDRIDGE ROAD BRIDGE REPLACEI~NT PROJECT NO. 2197 (TOTAL BA3E BID: $1,151,028.30) . 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 Docu~ents, including overseeing the entire job, The Contract Docutaents include this Agreement, the bid proposal and inst~uctions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addet~da and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 WDOLDIID~ ACiD ~ATpGi 11tpl~s ~011D1~1! I II . I2I N V ~ A~ 4 WrIT PRICi SZD ITAK It~6t V~T DEiCR2PTZON S!1 F2~i ZXT~tSION Ai B. Q3 STA Prepa:ir.q R~W, ro~.~llte in place por st~Czan. 9 ~ I .~ 3G. ~.. 3~• -~ A2 3, 2#£ ~.y zxC~vatlon (Road~+ay and Chanr-~1 }, ccnnpieta ir. v ard er cW l i ' S ~i ~.~ - . _„~a, ~ p ace p ~ ~nian~nt IFinal) ;Dens ~or.t! (zT a) , compiete A3 g~,l ~~ ~ in plac~ p+br ' C ard . ~; $ S ^ ~q 10 till aladinq, complQte in place ~er hour. S gQ.- g SQV. Cv12 N'BR MZ.CI~ S~~d (PenA} 'Urbnn) (Clay) , A5 1, 8~E9 S7r ~~~ ece in place p~r sauarv vsrd. g Z• S ~r r~. ~•- A6 ~ {s8 ~Y Gell FBR ~i.CB Saad CTetnp) twazm1 , c~a~nlece in V° ~ ~ f ~~4~" ~ leca z rd. A~ ~ ~V8 ~Y Cell FeR t~LCEI 3etd t~'sa~F) ;~ool'~ , cwnpl~tu zn S 7S 1 ~1 ~ , ! glsce yer~ d. • S . va~ta+:ivo t~t~rin~, ^ang?eta in place per s AB ~d ~ 1,OC~ aai]~on~. ~ 3_. ~i0. A9 1, 3'S7 CY Flcxible Bai! (CMP in PLC+(TYA CR~I(!'NAL ~~ ~• . 81 ~V - ~ 1, ~~,@Le ir~ plsca per ctsbic vud . 9 ~ Al~ 5i~ GAL EMtIT.w ASPi~ (~S or 3UBCR TRT) •iS5-1) , coa-ple=Q ~ ~O 8~ S Zj~~O• in pl~te Laer q~,Qr~. ~ ~R ;TY-PB GR3S SAC-Bi, caa~lete in placa I Al1 4U CY pez cub i C:;li~d . _ S Z~' $ .. dl(•~• ~"~ {T7-$B GR~S &AC-B}, conqsiece ir: pla~C4 Al~ 33 C~ per c d. - e ~i p- A13 ~, i~0 G1~-~i G '~BH (AC-S,AC-10, ~-2, or HFR3-2 ) , cot~letd ` ~ ~ ~...... ...,._ ~ G~ *r q~11or• in plaat Cearent Staktflized Ba~ktil~r ccuRpiets in p1~Ca ~~ 7~• ~ A_4 ~ 395 C'~ p~r cubic ; v~cd . g g %~~~iv •• Trench EftEa~ation Frotection, ~~tapiete in A13 ~~6 ~ p1aC~ p~r'l~ar foot. g S. 5 7 ~O + A16 ~ a9 C1[ ~p'~p ~C?nc) S5 zN;, com~lete ~n place per bl ~ ~ ~• ' s ~j ~ CL1 G Y~' • ,~ J1~Lit 3l0. '2 le~'~i2i~D l-ttsa~~nt No . .~ Proposal Paae 3 of 2 8 .,..,,... ..~~ .,,,. _,m.. v,A. ,,,,.n~.. ...,,~,~..,,__..~ , _., ~~,..~,x ,,.~.. . . .. . . .a~xv,,.t._,~ ~.,..» -...._......•.,..-.,..,..-. --~,r I IZ III IY ! V ~ZD ~TY C UliIT pRICt 8ID I'Pi1s isa~c cnr~r DsBCRI~QN n~ rxcur~aa ~~:a~ ~~=uQated~mwtai pipe S~ STL 3G IN;, A1? 1~G LF eomplete i~ place per liae oat. ~ Sb.- g rj,suV."' Conctetc ~r. Cu7.vort (8Ti'Tx?FT) ,~..c~plete in ~-13 2~5 LF pla~• paz ~_foui.. ~ ~ ~ ~~ pipe IC~:II~(18 IN}, ComFletw ln place per Aa9 14Q I.5 li~r looa~ . '4'S ~ 8 li ^ P~ Pipo ~;~i,IT~) f30 INr, ,ansplete ir. place per A20 13t LF 1~A~31" tOQ~C • ~4 ~J• w $ ~~Q• ~ A21 f :iQ LF~ F:C Pipe ;CI.IIi) ~ 36 ID~? , cot~let- ir place ~r&z ~-.. $ /L~~. + 1in~ar todt- 1~?2 1~ 7n1~t (CO!iFL} (T~ C? (MCn'~ , complEtc ~.n place ch ? z ~po ~ Z ~ - p~r ~a . ~ ~ '=1~t (Ctk~FL) tTY c, ,:o~pi~te in glac• }~er ~ AZ3 ~ FA ~ • ~ s ?m~.' s G ~D. ' P~i 4 4~: +~let (C~PL) (TY Fi? r COtC~LeL@ in o~_~ce ~er S~~. ~ S ~v C~vON- i x.~ !{6 ~ 1 ~~~~ 2nlet Exti*-sian ~TY E}, colnp~ote :n pia4a per ~ .~ w L S. .. ~I~Q• ~ Iter~ov 9:tuc~ura {Bsidqe ~-99 FT I.et':y~h), A25 1~`` coaplate in place per eacr,. p~ ,¢..~D~KJ. ~ A27 1 LS 1+lobilizat~~n, complcts ia gia~~~ per l~^ aud. S~AD~c1 $ 4s7~0~ I ~srzicad~~, Siqn~, ard Traffic lienClir_q. A28 6 MO coatpietw ~n plaea p~z month. p~j~' ?yOCX~ ~ Roak Filt~r Cama ;Ingtall)(T7 21, complete in AZ9 ~6 y~ plac. peu~: ll,~ax foo~. ~~ ~ 3 .3 ~.O .+ A30 p~ ~g ~ ~ock F:ltrr Dame (R.ao~~v~) , co~pleee in g:.aYc ~ - , Rer licea~ l.~ot. ~, S ~. A31 i 10 KA ~ H~okhoa x~rK t~roaian ~ sedm Contf, conpleta ~ ~D $ 700. " ~n plac~s pes hnur . ~ ~ A3~ ~23 L~ ~~p°zary Sedimen± Control Fence, camplete in . ~ ~ l~~• place ~r i;~e I~,~Qat. $ $ t~ivlsgD 1-DDaOt~[ 1~D. 2 Proposal A*~laaL~nt ste. Z ?aQs 4 of 18 Z I= IIS IV n ,iD 0'FT ~ , ~ W1ZT ~iitl+:i BID ITiK I?~!t t~lfY! DSgCR=plIODt I1Q TZtt~tO ~ SZTnRSI@f Cona~~ts Ctirb i Guttat (?Y I.L;, coa~iate in A33 1,02~ LE' plac. p~r 'z~ar ~oot . g o. /d z70. ~ p=ive~ray~ ~COliC), c~nplste in pl~aa aer A34 ~i~ ~~ a~sr~ var~s! . ^ '~"S g S2G~ ~ A,s 5 ~ EA Curt Ramps tTY 2i, coa~p'ete i.n pla~e per h . Z ~U- ~~ c $ Con~r~te S~detraika '4"„ cocaplare ia pia.:e A~~ ~~~ SY por sc~u~._ vs~d. s?~' ~ S GD. ~ Al~.aair.utn SYqns f TY A) , cantplete 3n placc Fer A37 g3 gF ac~w~ to~t. ~." ~ g D. Zr_stall Swisll Ro+~a 91gn SUP s AM TY' SA~ (1; , A"8 3 SA ;F) , ao~ttplotQ ir_ pZace p~rr eac:h. ~• ^ $ ? ~O. •• Inataii OYiieCt Marker bSiemD1; (JM-22) ~ FL}t! ~~. ~ ~ ~ ~v. ~ A39 ; 4~A Gt~1D~ aaaipleC! ir p~aCe por each. -."" ~ork Zane :Paa~nent Markar AO:ti-RF.~70u (Ni; 4" '`~ ~~ l-90 1, 2~Z I,~ ; SLD) , ooeApl~tQ in plac:e ~r listear foot . ?r ~ ?~41 1, ]~6 Li' Wo7cx x~ne ~ga~en-ent iearicsr N~~1-RE~4DV ;Y} 4" ~ ~r ~I ~ ~~ ~gLO) ; ocq,pl~te in pl,~ce par lin~ar ioot. ; ~ T~ ~ S l,42 0; ~4 SY ~~~z~~d Has~ l~einforcemeat tTY =? , coa-~,Lets p 25. S ~ ~~5. in piaco ez sQUS,re va~~. 5~ ~zons Advisory Da.~, eomp~ete ir_ place per P-43 1~ ~aCh. S ~%_• .~+ $ S._~• .. ~.eT ~- - ~t19-mr~zi ~ OOiTS ~I~ n3 ~tr ~-a31 : ~~ proposa+ ?ac~8 S e~f L$ d 3 . ` S~~/Go '° ~ ~. z ~-t~,a~~ ~ . ~ f~f~DQ~tl~ki ~1001G ~IDti~ ~pi.~ ~itaoat e s ii itz =v v 'u~ s~rY a as3pei~riae~ t~s r~tae am z~c is~t t~rt~ sx rtcit~e sxrs~~RSO~ B1 1Zj ~y ~a~t Stabilis~d isaCkiill, c~mplete ir: - pla~ca per ~e~~..Y~td. ~ ' S ~ve~a8• 82 21~i LF ~ranch Lxcietv~tiar. o=ctvcticn, compiete ir. la ~i : t ' ~ S 3 c: p~r ~ ~r co ~p. Q_ 83 2~ f" LF ~il (:'t P~t2), ~oatgiete in place per ~ . ,}~n.ar f . ~ , ~ , ?Z.SGn. ~4 I ~~ Zr Concrete 9ox Culvart ~121r*x1~FT), ` compl~s~P i~r~ place per 2i~ar loct. ~• $.3fs GGO. ~ 85 ~ 2 EA ~l~gw~`ll CPF1) tH~-14 ), eampi ata ir. ylaca Hr ea ~1 ~~ ~~- _ aD~O S f~~ . 8 ~ a7-R'r H;- !~-?OT~L WitlDa .~ST~ \~~~ Bl ~T~V gS' ' .g 312, G2~• r ~Y=~~ ~ ~ . Z Propasal ~~~0~~ ~o. ~ Paqe 6 af 18 N00LDRIDO~ ~011D BRIDG~ l~Pi~' ws~a-s~ s I I~ III ~ y aia i~w ~ Q'~ ~ DZfiCRi~"1'IODT L~T PRICZ ~~fil0ll Z'!!!d ~T Dt ~'IO-JAii ! 12" P°l~ ~R Z6 Waater+atez Lina ;10~ -12' C1 ~~ ~' Cut), com~flete in glace per lir.eax fo0t. Gp. ~ $ ~J.~• + 2C"' Stssl~Casing, ccmpl~tc in placs per C2 ,~ 13~ ~F linesr ~e~;, . ~ ~j ' . ~ $ 9.7G~ . C3 ~p L~. Rsiucve 6" : Force M~in, coa~tete ir. place ~ 1 i f t 9 ^ S 3 ~~• per. na~t ~lc . , , ~~ ~Q ~ Etsa+av: 12y Wlerwwst~r Lin~; coraplate in ~ F1ace yur ;~it~ar foat • g O. ' S Z 3~• GS 2 E~ R~hab Msnhol! ~' Gisr~eter, can:plete in ' ~ ~ 000• - ~laca p~r: e~,i. g S` rib~rq~.ass Mani:ole, romplete in plaoe G6 ~ 2 ~' psr ~ach.: ~ 9'~p. ~ S ~ ~. 000. ^ ,r-- ~ Raaov4 l~a~hole, compie:e in pltce pe.r - v~ ~~ sach • ~ ~b. S Sao. Tren:h $a~ety (Propo~ad Sew~rlino}, ~ ~9 ~61 ~,~ coaaplete in place p~z linear loot. S p, ~ g Z G/O. C9 ~~9 y~ irench S~fety (Re~:ova~ Se~+evlineJ, laee r 1 in~ar foot ea~ iete :i !d ~ . S~~' y~e p n p . , C10 !45 L* ~at:ririq, ca~plete in placa p~r 13nesr LOet " 30 3sa ~ [ 3 ~ . . ~ ___, ~ C 1 i ~~, ''~ Waat~wat~r Tia-In, canplQte in placs per h ~ ~ ~ . ~~ S ~ . uC . r C12 3 E# Man.":ole ~i:~q Ad;ustments, Complete in ~ ~ ~ ~f~ ~l~~s Pe~ ~h• g~d. . • S c:23 2 E~i 12" pluq,' cdt~lete in ~lace per aach. S ZpJ• ~ - ~ ~ ~OD. _ -= ' ~14 Z$~l _ . $" 1~~uq, 'campleto in glacr yer ea h. ~ rs-b.' ~ ~ g 300. " T~e-In t~"! an~9 12" Forct Main East of C13 1 L6 Rodd Fieid Roact, coa~lete in placs par . ~~ ~ ~~ ]umo sura: ' S ~ 1i~Vii?:D A~~1 ri0. 2 Proposal l-ttaa~~at IIo. Z Pa~e '~ o£ 18 s Tt i=i iv v sza zrex o'r~ i ~s I nssc,e~rxo:o ' ~~s rjucs ~ r=a~xss atn =rs~ sr~si~ ltascehater ~7t~lity Al! cvrance aaly as C16 1 LS dir~at~d ~y !~~ =aqia~ar, eaa~s~~-e ia placa per: l~~m. i 10.000.00 g~~.OOd.GO ~71RZ C- SII~-~OT11L t1A3S'~KA~ CO~T3 tITl.Fffi Cl T~tt7 Cl6) $~~. - WYIYD ]1D~D1~tA[ 1i0. Z 'c~7.'ODC9ai ~r,l~^+~°'~-~»t NO. '~ ~age 8 ~f 18 ~o , . a ... q ., ._. _. ~ ~ _. ~ ~. . .. ~. S ~R+Yr~ IN/~M+ ~ ~iL~a~ 7~~ ~~~~~ I l~ IIi i~ v 81l~ 4TY i ' U~IT pRICZ D~~IPTtON ~ ~ ~'=Q~~ a=D IS'ZM lXTR1i!=~T I'i'!t UliI! D1 58~ LF ~~~ p~fC i~at~erline C9UU D!~ i9, cos~le~a in ~ ^ foot S ~ ' lace er j ~~~ ~ S~ ~v - • p p ,~Alii ,T• • D2 13J ~F i" ~VC 1i~tiirline C900 7A 1S, ~^mplete ir. ^ ~ '~ U ~2ac~ p~r ~laess foot. ~ $_~ • D3 ~5a LF xap Steel Casisq, complato ::n plaeQ pe~ 4 ~ f t; l 3 ~ ~~.~' S oo ,a~ swr ; - - ~2" Gete Vaive N! Box, c~pleta in placa ~ U9 ! EA ~~ ~~, ' s . '~ ,~ G20~ • ~ y~~ &~" Gate Va~ve w/ 5ox, complete ir. ~lace par ~ ~~ •• ~• . • 5 D6 ~ 3 EA ~~"a8" Tca; caapi:te in p:~a.~~ pez esch. ~~' g ~-~,Q~ ~ Dl i 4 EA 12"- 45' B~nd, cotaplete in placa pvr aach. ~'~ ¢ L~~i~ DS ~ EA B" -~5° Send, catWlete in pl~ce p~er eacti• S~p. ~ S 11•G~. ~ p9 2&A a" - 9C° Dend, canplete in plsce pcr each. s Z~.~ ~ ZJ~d. ~ ~ T51~ 3 EA 1Z" Pluq, caa~lata in place per eath. s 3~ . g .~~~ D11 3 SA 8" Pluq, canplato iz place po: eacr. g~~. g ~'~• ~ Dl2 2~p, ~~ rQ KYdzaht 1lssembly wiCb Main Liae :em, 3=~ ~ i $ ~~• place pQr e~h • g cadpl~t~ ic I D13 53L1 LF ~o~terin.~~ ~ompiete ±r plact ~e:• 1 G}_~aL ~~ y ~~~• ,. Dla ,~ ~ ,N~tlrline !rl~i-~~=r %01C~lYt! iSl i71eGY ~Et _ v ~ ~ ~ ~' . ~~, $ . ~ Q1'~ 5!0 LF Trln~ ~~~tyi C~p18t6 in piaCe p~r s ~ ~ S Z ~. . :. g ~i fon 1[a:er Uta~ty Allowmnc~ oaly a~ dir~et.rd 1 0_6 i Ls ~ rh. s~,..x, ~o~~ete ~ p_,~c• p~~ ~io ooa. vo ~ ie, ooo. ao pA]!7' D;- iUB-i'OTJ-L 1~-'1Tilt COSTB {;'j'~MS Dl 2'HRL1 D1S) A=i't~D ProDoaal Pags 9 cf 18 ~ ~¢~3Zo, ~ ~U[ 110 . ~ ~ttaefl~rRt lao . 1 i i1C~bD~ID~i ~+OJID ~AInf3 ~t~I.~ s~ess Lzr~rr=,~ e I I~ III IV V Dta Q"~'Y" ~ LATI! PAIi:R BID ITZIt ssx v~r DzfCillr'1'IWa sn~ azwness axs~~iatr ~" P`,rC C~n~uit, cvm.plet• ~n glaca per ^ E1 ~ 62~ L£ tnes foat ~, ~_~ • ~ s D. G 2 Zd ~ E2 j!:A GtGU~d 8n~e5, corapLlte in ~laco p.r oac~. ~ Y ~~, ~' 1~. Pll]t2 Z- 8(JD-TQ?AL ~'17v'iiT LSaiTAiC COiT~ f2'Pn1i 7G3. T1~W Z2) : ~b Zd ~ s~-~es asa ~ .5'3''I, /GO• 3 ° pllTtT w fi11-'~]1I, AOi1DMJ1Y ~-st~ibl'1'A (ITl~1/S A1 T)[RII Al3) : ~_~_^„~ ~d ' ~T a sc~s-~c. ~mat rnaavsMC~rs c Ix~s a~ ~t~nu 85) : $ ?7Zf ~ Z1S. - ~ p~ c~-~lJ-z. ~0-7~ a(ITiM'd Ci TKiRI C16) : q ~O~i~ ?00. - _ P~rr n eve-~v~ru. ~-ae:; ~sa cz~ as xwRV as61: a ~ 3 Z G~. ~ pn~r s tan-l~rtu. ax~s~ L=c~cz~c a~o~vsaar~ra ~i~e ti ~t s~~ :~ /O 72~. "' c '~OTl1L ~ i'tD ~PAR9' Jli ~ l1~~T S+ P71RT C+ Pl-lt? b~ p71RT ~) : $ r / /.S'/, dL ~. 3 ° ~nsso ~D°~D~ ~1D . ~ Propoeal 1-t~t Ne. ~ n~7~ IO of 1(~ The Gontractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 WO~KING DAYS after construction is begun. Should Contractor default. Contractor may be liable for liquidated damages as s~t 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 prog~esses. Signed in 4 parts at Corpus Christi, Texas on the date shown above, ATTE CIT OF CORPUS CHRISTI ~ -- BY : ~ i ~ °7 C1 t~r Secretary Ronald F. Massey, Asst . City Mgr~ of Public Works and Utilities _. ~ AP ~S TO L ,GAL FORM : ~ _ By ; , ~/ By : ~Iif~/ / ~ Asst . City Attorney ~,nge~ . scobar, P.E. Dire tor of Engineering Services CONTRPaCTOR : ~,;f Corpora~.on} Kin -I es Inc. G. , 1 ; 7'~ a ~~ , :f!"~1 -____ Y ~ - ( Sea ' Se ) . Title: J"~s/ P (biot~ I ~raon sign g for or~ ~i # is riot Pre~d~tt, 1641 Goldstori Rd. risti, TX 78409 (State)(ZIP} 426 * 361/299-1139 (Fax) Agreement Page 2 of 2 att~a of authori~t3.on (Address} ~ s ~ '!~j , AU I MUk~« Corpus Ch ~~~k~~i' ( C i t y ) ~ (~NGIL '~ t~~ 361/299-1 ~ (Phone) ~!'fA~l,f ~.~~ , ,,e,.. ~.~ .,,.~..--.,., ..~, ,,~,._.~..,..,~,e•,~...'......,~..~ _ .,,.-- .. _ . r , _ ~~... . , a. P R 0 P O S A L F 0 R M ~' G F. M+OOLDIt~~ R~l~D HRIDG~ REPLA~NT B'RCWLCT 11lO. 2197 DBPAR~T U!' FItGIIiELRZ1~G StRVICSD CSTY O~ CUAPQS '.."~iPIBTIr YSX71S R~VY~iD Preposai t'~qe 1 ot lg ADDiIiDUd IK?. ~ At~t No. 2 ~..._.". w,.,,.. ~.,~_.,,.,_...._ ,~~,,... ~_,,..,,.~~~.w ._,9.. .,,~._ PROPOSAz eiaca: ~at~: ~T ~1 ,~,~ Fr~~a~al a~ 14 t~4 ~ 5~t ~S tc~~ , r~ Corpor2-ticn orga.^.izeri and existing under Che laws o~ the Stats of _~K~ -. O~t a Parrners:~ip or ~n~i~idual doing Ausir.ess as TO: Tl~ ~ity ~i Corpus t:~riati, T~s ^,~ntle.~nen. Th~ undersigned herraby pr~poses to furni~h all labor end materials, tools, an~d ne~essary equipment; ar.c tc perforn3 the wark :eguireci for: 1~100LDRIDO~ 1lOi7lD sYtZDQ~i AipI,~1GH~t4T pR4JiC~' li0. 2197 at the lac~tior.s set ~ut ~y t~e plans and spec~f=cations and in stric: iiCGp~"dar.c~e with *he ccnrract dooumenta for th~ following prices, to-wit: 11D,D~EA1 ~o . 2 IIRvIeiD Attacha~t~C 114. 2 ProFa 5~a1 Pag~ 2 ~f 18 r~oor+a~s~ ~aa sxza~ auear~cn~+~r ~ae~a~r t I3 iti iv v ~ID R~ ~- U~fiT PRICi SSD IT~M IT~h! LARtT D~iCatlpT2~ld Ili PI~~ ExTiD~SION A1 6. Qj 5TA Frepa: ~r.q ~t•'~, ~or.+.c:iste ir. place nor ~ta~ ior.. 9 g ~ g 3G,. ~, 3 7~• ~ AG :~, 29E ~.Y Excavation; (lloadaay and Chaan~i ?, comnieto ir. vard i l c ~ S ~i ~ d-q-: p . .c acQ per u,~ ~ F.e~b~nicstsnt; t Final ); Dena ~or.t ~(aT af , con-pLece e~3 '51.1 ~v in plac~ p9r cubic yarc~. ~ ~. ' 3 ~~~9• ~;q 1G ctR 8ladinq, c~roplete in pla~e ~er hour. g_~ S c~OC~•~ CQ11 FB?t Mi.Cii S~ed (Pessa} ;Urba~.) (Clay) , A5 i, S29 SY ~~~_ete it^~ plaae par ~ttuaro ~i:rd. g 2. ^ S .~ij+ ~_ A6 ~ ~59 ~y J Cell E'BR 1~[.G'f! 3sed (TemD) ~Wa~m; , Comple~e in $ ~fie ~~`~ ~ I lece z' rd. ' A7 ~ ~ 4.,8 ~Y ^ell FBf1 N~t~Cti 3e~d (9'smp) ;=001 ~, co~plstra irt 7S s ' 5 ~ 1 ~7 i place per :s . d. . . ~~eqeCa~.ive' t~tering, ^oa~leta .in place per S O' AB 1~ ~ 1, CG~ qa~l~or~t . S ~ A9 1,~57 Cy Flcxible Bafs (CMP in PLCi(TYA GR7.Jjp'NAL ,~ ~.• ' ~~ ~V Fos1, coaiplete in p~ace per cui~ic vard. i 9 , A1~ ~i0 ~A~. A. EMUL~ ASPFi (BS or SUBGR TR1') iSS-1) , comple~e ~O ~ S~ ~O. $ z~~ I _ ~n place per a on. I AGG~ (TY-FB GR35 SRC-BI, •;amplete in place , I Ali 4U CY per cubi~ ;Y~td. ~,~,~ $ ~~ A12 33 CY AGGR (ZY-$8 ~g95 SAC-B}, compiece in place ~ per c c: d. c ~-Z 7~ A13 ;c,i60 GA~ `~FH (AC-S,A~-1~,T~-2.or HFRS-2), co~plete ~..... 3.'_ ' G~, ~ in place ~as qa~lon. ~y7O ~ Ce~snt Stabil.ized Backfil_; cotdgieta in pls-C~ A14 i 95 C'1 per cubic:~ard. g ~i•~ ' g Trench P:x~a~ation Protecti~n; conpieta in A15 ~~g ~ r._.._-____ plao~ p~r;l~aeas foat. .. , S. 5 3 y~0 + A16 ~ a9 ~ Rip.ap {Cone`,(5 IN;, cam~lete _n place per d ~^ " ' ~ - ~ ~' . cubic vqr $ ? ~• 3 ~ Rffi'~7Si=D Proposal Paae 3 of 28 11~1~DS~i LrO. 2 l~.ttaa~fa~n t No . ~ i ~S =zz iv ~ v HZL1 Q'1~ G UliIT pR.IC~ 82D IT~t IT~14 [~IT D$BCRt~ON Z11 *tCllfl~S $X'1'ZNS~Olt A27 210 LF ~orruqates~ at~etal pipe (C;AL STL 30 iN; , ecmplete in pla~e per 1ine~r foot. ~ Sb• $ ~j,~7CJC). ` Concrete 8nx Cul~~zt (8~'Tx:£T!~ ,.ompLets ir_ A13 3~5 L~ place pnz 1. eaz £nr~t . - S S ~5 00~. ' RC Pi~e 1C~III~ {18 IN), c~~mp'_~e*_e ir~ pla~e per ~~9 ~4Q ~~, l~near foo~. '~ ~ g G30v. ^ ~~ pipe ! Ci,II'. )( 3C ZN r, -or,iQl~te ir. place per A24 124 LS li.nsar foat . S L~$• ~ . ; ~~~- ~ i F+L 1 ~ 4 : 6 C~ LE' ~ F.C Pipe ;CI,IIZ) {3F IN1, complex- in place ~#~r ~~ ~• t~~. .. S~ ' linetr focit. A22 i~ 7nlat (COM°L; f T~ C t(MCD'~ , com;.lEte ~.n p~.ace er each ~I_ Z 'T~a ~ Z ~O . p ~ $ . AZ3 q~,~ ~hl~t (C:sFSFL) tTY c) ,_~~p~etc in plac• pe~ ~ •ach • 1 s ?mc~.' g G ~o. - ~~ 4~ ~nlet tCOIKPL? (TY B>, c~~r.ple~e ~n Q"_~ce par ~ S ~ • ~~. - S /'~i _. . __ A25 1 F~ ~nlet 8xti:ta~7n (TY ~}, coin.~,et~ ~n ~:iace per ~~ • ;,~ 04- - S. .._ li A25 ~~ ~~1OVe StFuetura t$=ic3ge C-99 ET I,er:y~h?, camplote in placQ per each. Y Ovd g,¢.S OvO." A27 1 LS Mobilizati~n, Complete ia piat~e per l~ur.~ sum- $~AAr~ $ ~iF-J~d~ ~ ~arricddes, 51gns, ard Traffic Handlir.q, A28 6~y ~omplatw ~n plaee por ~nth. g O~. ~ S ZY~~ + Rock Fiitsr Dams (Instatt)(T7 21, co~nplete in AZ9 2~ I~ ~lace prr: lyin~ar foo~. ~. " ~ j~.0. ~ ~oCk Filtbt Dam~ tR~~vy), cor~.~lgt~ in ~'yaac A3Q ~g y~ per linea~ oot. ~,~ ~ g ~. A31 ~ 1D tER ~ aAOkhoa wvric tErosi~n ~ Sedm Cont 1, completc ~Q. S 700, "" ~ in placre p•r hour . ~ 3 A32 323 L£ ~°a°p°zary Sedi man± Cor~~rol F~nce, complei:e ia l t i . ~ ~ lg~' p ace ~er; ].~ . ne r oo $ ~ ~~~ ]IDD~t~d 1~0. 2 Froposal ~*~~~~~ ~'1e~ ~ ?aQs 4 ot 1$ r is zzx iv v ~YD Q'!~' C 1 ZAiIT 1?itl3 ~ BID 2TiM DBBCAIPlI~1 ~ iTtM t7~tT IN FIGtl~4 SZTiIITBION A3 3 1 t~2 9;,T GC+nCxAte C11~D G GutLrst (':'Y II;, ccmFier~ in , placa pmr ~S,l~sar foot - $ p.' ~d Z`j0. ~ Drivewey~ :(CANCj, com.pl6te in pl~ce aer A34 lI~ ~~ ~suar• vard . . 4S .. $ SZ4~ Curt Ran~s' (TY 2i , cair.p'•~ta i.n pla~e per A35 4 E]!~ each ~ ~f_ U ~ Z Y'o , ~ . $ Conc~r~t~ 51CI~SR31k3 ',4":~ , com~lKr_e ia pia~e A36 g22 SY ~or scusrt.Y~s'd. g? - ~ s GD. ~ A~.~ir.utu S1qns fTY R) > coz!iolste ir! plact per A~7 ~3 ~~ s ~ua ra foat . __.,,,,.. liD. ~ ~ s O. Ir_atali Smiall Raau ~ign SUP & AM TY 987 (1; k~8 3~ SA ;F) , caa:t~pletQ in plaee p~er eac:h. ~ ~, " ^ ~ '~ ~~. A39 i a FJ~ Instali U1~i~Ct Marker l~ssembl~~ c;;N,-2Z} ,;F~,}t} - ~ ' S ~~- ~ $ ~v _ ; GWD, c«ap3:eCe in p.ace per each. .. ' Work 2one 1Davement Marker ATON-REr~~~ (W; 4" ~ ~~ A90 L ~..~ 1, Z3 ~;SLD;, cottiplete i.n plar:e ~Fr linear :aot. ~ I ~ L • A41 1,ie6 L~' W~rK ~'~nc gaven-ent mar!ssr N!;N-EtE1~1DV ;Y} d" { ~ ~ ~[ ~ ~ ,SLD1; ~oc4ple~e :n pl~~e par linear ioot. ; Y T• s ~C~ Geogz~d Hnse ReinPor4ea~ent tTY '?, cvmE,lete ~~ ' s A42 0; 2i4 S~t in ~Iaca pez sauare ~ar~. L.~ 4 ~ ~ zv ~~5; a2one Adv~sory Day, comp'_etc ir. y~lace per 1143 1~ each. $ ~jpp• ^ $ spv. ~1-RT l- - SU9-1`t)T?-Ti ~?11D~NA° G06T8 (I'1'~!8 A1 Ti~IT At3) : ~~ groposa: ~aqe S ~~f 18 d 1 . ` .5~~, /GO. 3° ~~ ~. z ,-t~.~~ ~. ~ ~oi~LTiNi'~ Ao)-C ~LLDGE RspLJ1C~Ii~ ~ ~.,... ...a.rvur.~lflT ~ _ =r r~'_ I _ iID StT~ R ~I I'i'~M t~'! 81 1~1 ~Y B2 216 LF 83 2Z5 LT ~a ~ 3SC ~.F 85 I 2 E~- ___ =v v ~Z~ P~Q` 8ID ITD4 D~9C1tIP'PIOII IN tZdlJ~1Q8 iX~'~7~ION ~ement S~abiliz~d ;sackfill, c~mplete ir. ' ~~ a$ - ~Iaca per c~ ic yard. S-~' . Tranch Exce~Ta~ti~r. ?=Ctection, complete ir_ D ~ ~ , '320. S Y place p!r ~ t+eaz loo~. ~ Z . ,y Rail (:'t P1t2), ~oatpiete in place pe:r ' " ZZ s~• l:.naaz foat. g , . Concrete $ox Culvert (12FTx1~FT}, ' 3fs DOQ • complet.F i.n place per li.n~er ?o„ ;^t. ~, $. Wi,.qwal:l (',PM~ f~W~14;, r~piete ir. ~l4Ca 1 ~!!7 ~ ~ S Z~, O~ yer aa . S . pl-AT H- Sus-?OTAL aRSDG~ COST6 t1TZMS Hl 1'4~lTJ HS) ~ 3 3~2/ l°Z~. + RZ1fIQ~L Proposal Paqe 6 of 18 IIC~sND[M IQd . 1 1-ttiaa~ti Mo . Z , ,,~„ ,.~.,,~, ~,w .,,,, .....< .~,k.._,~......,~,,,~...w,d,~.. ,...~....~..~ . ,~... ._ . _ .,...:. ...~.,~.~~. a.,,~~.r..,..~_...s.~. ..~-...~....~_..,.........~...~.~r yiCIOLDRIDQ~ 1lW~D BR3L~ AZPL71C~1iI~1T ons+r~~ S I ZI III IY V aza z~ ~ Yi2D Q!!i ~ D~BCRI?TIODT UNT.T ~'itlt~ ~~Z~,t I'.1~t C1~Z^a j~ ylti-.7Rii ~1 ~~T ~ 12" P~IC dDR Z6 Wastewater Lins ;10'-12' i O ~ Cut}, compltte in F1scQ pcr lir.esr fbot. ~ Gp. J. ~ $ ~Z Y22 ~,~r 2C" St~tl;Casing, comnl~te in pl~ce ~8r i b - ~i0 ~ $ 9]Go . linaar fo ~. S ~ C.3 380 I,lr RsY-tve 8" Eor~e M~in. compl~te in plaGe ~ i r L ' $ 3~20. ^ loo nea • per l /• C~ ~3~ ~ Rea+ov• 12~' fiaefiRwater Lins; compl~te in ' ~ ~ 3~• Fi~ce y~r', n~ar foot. S O, ~_ 2~ Rehab Manhole ~' C~isrneter, 4om:plete in ~ GOD r ~ ` g ' ~lacQ pQr e~c . $ ~ L g C6 2~ S' Fibergiass Mant:ole, complete in place a~h qS~b ~ 000. ~ g s psr ~ - • S ~ ~ vl i~ j RemovQ MST1hOI~sr con~iete in placQ prr ~ ~ ~ S SdO' ~ each. • ~~ 261 y~ Tren=h Se~`ety (Propc~s~d Sewa=line}, ~ ~ ~ G/O. car~lete ir~ place per Iine~r toot. 5 p, g Cg 184 LF irencn Sa~~ty (Remova2 Sewe:linej, liaQar faot l ~d ~ `~. , S V - ace ~r caanpiete in p $ . C~a ¢$5 ~ Derraterirlg, caanplete i.n place ~sr 13~nea~~ t t 30 " s 3 3sa ' . ~~ ~ , Cl+ ~~ ~it~at•watqr Tie-Tn, cartplate in plac+a per r $ ,~~. ~ aach. ~• ~ C~2 3~ Man::ole Ring Ad;ustmente, complet~ in i ~ ~ g /~v, ~ ~Id~~ per ~sCh. g • ~_ c:23 2 LA 12" pluq, Cornp'_ete in ;alace per Qach. ~ ZpJ• ~ ~ ~ ~^DD. , -. - C14 ~ SA- 8" Yluqr COmPlete ir. glace per e~h. ~~w~ ~ S 3~` ~ie-In A`~ an~ 12" Forcc Main Ea~t of C15 1 I.S R.add Fie;d Roa~, com~2ete in ~lace per ~~• , ~ ~ 1l3lilD f t12C1. $-, - 1~f~VI~D 11DD~1DQi !?O. 2 Propoaal ~ttaalss~nt ~o, Z Paqe '+ of 18 1 T3 IIT ~ v E nZD ZT=M ~ID Q'~ i ~BCRI]'~i'ION ~ UliZ2 ~'RICZ $]['IE1dSI0N zreti r~r =x rzc~s ~asteNater Qc~li~y A1?dwallCe oaly a~ Ci6 1 L$ dir~etsd by th~ iaqi.~aw~r, crnn~sl ~`a i~ place per; iti~D su~. 8 10. 000.00 g i~, 004. Cd ?7-RT C- 3[7lr~OTAL 1~AST~11AiTZ1t C~8T8 tI^:El~IS Cl '!'BRCJ Cl 6) $~~ •- A~VI~iD ~~ 'i0 . 2 ?sopOShc 1lttsch~~t No. 2 Paae B ~f 15 ,.~ ~ ..,... ,:,,~ ~ ,.~, ~ ~. .....» __.. __.~_ ..,... . ~ _ . .._. ...._. ..._~.__..~.~.~.,.~..,...., ~......s. ~ .~.--~ S~ADOLDRIDti~E iiiDJID B8ZD1ii RL'PTJ1GiYQlITS ...~~ ,~..~..aa.av~wn x x~ zri rv v s~D 4~ ~ D~aGRZPTI01t ~ tl~is ~1tic~ ZN pIrAR~a H=n =~tDs CX'1'f~2(7~T I'!~t ~'~ 12" P'JC "viet~eYliae C9+)U DR i8~ cos~le~e ln ~ D1 580 LE' ~, ~ ~. ~ S ~ piaae per ~n~r foot- S , I~" PVC 1~Atarllr.e C90C ~A 18, ~::nplete ir ^ ~ D2 13'S LF glacd ~wr li~r foot. $ `- v~ D3 ;g0 Lf ZC`~ StRel ~asing, campleto ~a [)LdC:@ pez ~ ~ ~~Z ~• j~inaar foat, 9 EA 1`" r~~~ vaive r-! Bbx, c~mpleta in place U9 w ~ $ ~~~ ~ pe x g3,cr~ • S • 2~~u ~~te V31~re ~r/ 5ox, cot~lcts ir. piacg pA= ' ,. ~d0 D5 ~ach ~ s • p6 ~ 3 EA 12"x8" Tes, compi~te in p:ta~Q per eact~. ~^ $ f_ .vOb. ^ C1 4 ER 22"- ~5" B~ruS~ completa :n Flace por a~ch. ~~, " - 6 40~ ~ Di~ 4 EA 8" - 45° eend, ~ot~let• in plsce p~s eaCh. $ ~p. ~ $.~f....-Z~' D9 : Ltt e" - 9C° Bsnd, c~ttiple_e in plaae pcr ~~»h. g Z~.' 9 Z~ „ t'~l0 2 F.lr- 12^ Pluq, coap=ate in place par ceth. s 3~,p. 9_ laGl~• ~ Dll 3 S~l 8" Pluq, coa~lato in placa pcr each. ~ 2Q'~. ~ ~J• I Dl2 2~ F! re Hydraht Asssmbly witf Ma' ~1 Line :ea, 2~~ ~ $~~I ~ conplete in ylace pQr aa .. S ; ~ Cs13 5~0 L~' DawaCSring; ^_omplete ir place pe:~ lir.e t f ~ ~,, " $_ ~'Z.SiD. - . oo D1~ ' ~ 9iaterliite+ 2'1~-i.r., cors~lrte in p1aGe per ~ ~ C3 ~ 8 - .ach. • S 5 530 L!' Tr~nch 8nf~ety, C~~-pl@t6 :,,r, piace ~oz s ' Z~. + $ D1 lirae~r f~r<~:. , ~ ~ Water tlti2;ity Allov+~n .r.p oaly aa disoat~d ~ D~ 6 1~ by ttLS sa~s, comp:ete in p~~ce gor i~10, OOG~.OC ( $, 1C, ~40.!10 PA~7 D'- 8S3B-'1'OTAL Ti~-TS1t C08T8 t 2'P~ Dl 'i'~[RU' D1 S) ASl~fm Propos~l Pege 9 of 19 ~~,3 Zd. - ~ -- ~- 11~~ 1f0. ~ I-ttaa~fa~at 110 . 2 WC~OLDRIii~i A~Q11D ~RI~ ~~ s~s~T ~.sa~rr~ e z ~ zzx iv v Dt17 Q~"!' ~ UNIT PRZ~ BID L'17N ISM UI~T DEiCR2?TIO~ Ibi 3'ICi~1RlS EX'~D~=~T ~~~ P~C Con~uit, cosngl9te ~n glaco pcr ~'1 6~2 I.F ; ~ l'i Z ZGL t. tnear faat . 5 Q. 3_ E2 j EA Gsouad B~~ws, conplate in placo psr oa~h. ~j~(~ ~ ~ L~.~SG~, ~ P71R2 =- aUa-TO*AL 9'Pll3iT LIOFTItiG COST~ (2'1'~ ]El Tit~! E23 : ~„~a L~ ^ ~ B~ ~ s~ ~, ~Ud 3 ° - a,-~x x svs-~-i~ ~o+q~r s~ovsr~~rre ts~ ~ ~xav ~-a~} : ~ ~___.0r3° - ~itT ]i 3i]A~!'nTl-L. ~tI~ ?~E1dVE1~11TS 1 ITlL+JS ~l THRU 85) : $ J7Zf ~O z8. - p~ c gva-!~rr~-i. w~-~ ~otisr~z8 t zs~ ci ~xiar ci s? : 4 f0(r, ~~o .' e~-~rr o ot~e-s~x~+r. ~a-~c~i n~v~rs ~ z xe~-rs as ~s~tv n i s): a ~. 3 Z C~. ~ g~rr ~t sv8-~~~rrn:. az~sxr r.xc~rr~c a~a~eavs~a tlx~s ~s ~v sz~ : ~s /o~ 720, - a 20TI1L ~E ~TD (PAA'P Jk + P11AT B+ It71btT C+ PAR? b+ PAR~ E) : $ ~ / /S/~ O.Z 8: ~ o ~„_~ ~v~c ~o . s ' eropasai ]-t~aa~~sti tse. Z ~~a7e 10 oF 1~ ;re s~dersiy~xted hereby dscl8reg that he ha~ visiLed t~a 9iCe ~nd h~s care:ully exemiae3 *.hF glans, ~peci~ications and ccntract documcnts ralaCinq ~o ~ho work caaered by hia bid or bida, thet 1-+e ~gteoa to do the work, end khat nr. repres~ntstiona cnade by tr,e City are ir. any senae a aarran*_y but are ;aer~u •seima^ez for ~hc q~~s.dance oi the C~ntraator. IIpon noti f.icaticn ef awird of eoc,tract, we wili wiL:~in ter_ ;it1) cal~ndar ciay9 r~x`cute the forma:. ccr.treeC snd wi~l dslivor a p~rforr.-anc~a 3on~ ias :equired; for th~ faithfui rerroriaar..:e of Ltiis contract ~ld a Payment Bor,d ;as required~ to ir,~ure paymen.t.. far all labcr an~~ maCarials. The ~id b~nc~ at*.oched to this proposal, in the arruur:t of 5¢ cf the hiqha~t amo+~nt bid~ is to become the property of ehe Citv ot Coraus Chris*_i in th~ event th~ cantract an3 bdnd~ are nct exeeuted xlthin the tim~ ai~c.~v~ set ~~rti_ as i~qui.datc~~ damages for the deiay and a!ltiitidna3 work ~atl~td thereby. Kiaor~tyJl~aerity ~usia~a int~spris~ aartieipation: T~e ~ppdi'Rnt lo+~r bidder sha11, rrithin two day~ tti9R C~idYi fos Contrs~ctor~ ~utside Nuec~s Cour.ty) of r.e~r_eipC of bida, s~a~iz to the City En~:~ieez, zn Nritinq, ~he c3atttes ar.d addr.tssea of M~5 firm~ purtioioating in th~+ ccntx.ct a~i ~s descr;p±{on oP th6 wcrk to La perfortaed ~nd i.ta dollaz nalus far bid evaluntion pu_po~e. i~uab~r of ~,i,qnad ~~ts ~! Doaus~nta: Thc cos:.ract and al? bondy will be g,epare~ in not les~ than t'e9»r c.~unterpart toriqinal siqnedi ssta. z:.~ of C~pl~etim: 'i'he undorai~ned agrmse to _ca-~rler_e the a•ork wi~hin 124 xork~cq ~~ ~zom i:#~,~ c;iate d~saiqtf~tad by a wdrk order. Faz ~ch +~rel~i.nq day ci~at any w~rk s~r,~aina incoa~lete aftar tha CimQ spaeili~d ir. the Ce~ti~cact Fei~ co~s].~tion af th~ work or after yuch time gesioc a~ estendod pura~a~nt to othQr pr~visions rDf tkti~.~ Coatraet, ~80i1.00 par rorkinQ day uill ba sases~ed a~sinst the Cor_tractar aa liqnida~acl ~aqas. 5a;.d liquidated dntnaqes ar~ not =mpo~eca ds a penalty ~ut aa an •stimata ~~ the dama~os tha~~ ths City Mill suataix Pz~om d~lay ln aompletion af ~h~ work, r+hi~h dauaa~~ oy thair nature are nor capab~e of pre~3.ae proot. TY~.e liiractor oR Engineeriny Servicos (C~ty S~asqin~er) may! wit:shold and deduct from moniea atherwise due to the coritractor ~ha na,au:tt o~ li~:idated dam~c~a dse ta th~ City ~sv~ t.t,~ nonthly pay ~stiaatr. D~ya lllloa~kioa fs~r R*is~ Thc contra~tor i~ail antici~ate che lollowing number of ~ark ~ays lost due to the rain in dettzrninir.r~ tho ~atra~t ec~i~~ul: and for sach ite~n of the eontract. A rair. day is defined as any ddy in sr~ich thQ adount of r~in meas~.trsA by the Natianal ileathQr Service at the Power Stt~t~t Stai~raMat~r Pur,~p ~taCion is 0.5Q inah or ~,raater. uo ax±ensioa of ~iln4 wiil be eonsiderec! until the expect~ed nwnbeY of rain dayc h:s beon exeee~ec~ an3 the Engineer has ~tgraed tha'L ths sL'atua of construatf~n wa3 ~uch tha* #nere was an i~sr~ot. datrimental :o the canstxucti~n sc2ri~ule. Jaapary 3 D~yrs Msy 4 Uays Septnaber 7 Daya ~'eb~'~~ar.y 3 Dt-~es Jun~ 4 Daye Uct~bes 9 pay9 Moxch 2 l~y~ ~TU~;~ 3 Days llovember 3~ys ~'-prll 3 Dalys Au,r-'~at 4 D-aya Deceaber 3 Dsye Ceapletian ahnl~, be ba~ed ma satisfactury work, completed, teste+~, in aocordance with the plat-, spea~if~ ca~ior.~r and cc-r.tract docuaents and coanec~:ed to the existing syetem, and ~ac~tec3 byr the 'City for the~ fniire project. Rsvssm Prcpoaa~ ~'dqe 11 ot ~S 71Tml~l~iDat NO. Z 7-tr,aatsa~nt tse . 1 - .- ,,,. ,. _.~, .,.,.. ~ , _.. .,~,.. ~. .~ .._..., . m. ~_.~ . ~,.... _.. . .. ,. 21~ toqui ta to assue th+~ Coptr~ator a Gr~ificat~ df Caopl~tion ~ure tho follorinq tlro jsct ~o~t~r~o ntac~durN~ C~cl~ List) : rll Fina: ina~e~tior. (Cont~actor shall have roa 1_ned set ready tv ~•rbr.tit tc City with all rprred~ions/aotes-Enqlrleeri.nq Services to coordina*_e As-Huilt plsn prsparat_~n with A;E: Consul~,~nt). ;2; Tnape~or p~spsres tinall quantities, contrac:tor evaluetion form, and projmct sz:mmary. {31 Ins~c~r:tar!]5#~in4er verities that al' submittnls, payrolls, Ins~ection Repcrts, Aa- 9uilta, 4&:! aar-ua'_~ (ih ~iactrenic ,ormat am requiredi, SCADA documentati,an~ and cther ~'ield Inloripation nzo Go~19'e. i~? cantra~Ctor reviaws aAd •grcea ro fiaal quantitios or dlfferencsa aqreed upon by Contza~tor ~tid Inspact0.r. (5} Pinal ~stlc~tte revi~wed by Cit~ Cor.atruation Er.ginaer. (!4) City f~natsuc~ion ir-qin~er auk,~tlt~ to E:~gina~Yinq A~i^is*_rative F-s~~., the finai eeti~e atuE! CoatractoF avalaatio:: for~ and rroject Acc~ptanC~- Procedur~R creck Li.st. (?; Final~ayme~st checklint: (t} At dev#>t thaC 812 bills have been paid, "~fa:ver of Licn" ,bi 8~.t~-itts~l o= all reioair~ir.q payroYia (_~ Su~nitt~l Qf M8E le~tar an what Co:~tx'a-ct~r t':~s actua~ly aubcontrected thxouqh end ot prc~j oct (d) ;81 Final ~ccep~anc• ~iemorxn~nm preparea by Admin.intrat.~ve ~lss~~tar:t (Si~ ~in~~trati~re Asst. reviews far comrletaness, ~undinq availability, pre~ares iinancial paper~x k (10) A~r-in~stra~ive aa~r.. ~iul~its to ~airector of Eaqinee:inq Servicos/Operating DeparCmznt Ficad l~cr ap~srovai and !'or~arding r,a Asat. City Mar.ager {11> Finol Aacaptar.ca mama ~sturnod f=att: Assr... City Manaqar tiz) Aut:~o~C~xati#~n for paya-~nt ;A!'P} pregsx~~' and submit~ed tv Accountinq Deparcment (13) t,~crl:r~tor ~eceivss ~ii~al paymgnt aftQ: City Council (if req~i r.pd or ,~.sst. Gity M~Aaqex acce;ai.s ;~co;~~~t. ('4) Ac~min~trat~.ve An~rC. per~ letter t~~ Contractor inEOrminy hStt~ or her when one-year s+arr~"#~y d~'~ta +oQqins (AC+t'~Atanc~ Macaozdnd~srn; . Citv aav~p~-aa of ths p~7o jaat will b~ ds~cribod in sa lLCC~ptsnoa l~orsr~dnm to t~ Gpcstrsator . ~ssv18f0 7~ ~i0. Z Pzo~osal At~L*c~t No. 2 Pagc T 2 o f. 18 The ~,~dersi ~:a~ fsrth6r declar~~ _har. he will provi~e all zecQaaary tools aad apparatua, a~ all the wqzlt and furnish 31: 6~atarials and dU everythis:y •requir•d to arry out the above :nentian~ wo~k cot~ered by ~hi.a proQrPal, in $CTi4~ accardance with thr cvr,~zact dacuments and ~he zsquirem~ri ~rLai~inq t!:eretc, for Lhe sum or sutra aY~ove 3et fc+rth. Rr~c,eip~ ~f ~h~ followi~u-., add~enda, ~s acknowledqed Saddeada nurnlxr) : A~l,: 1V~; i__'~~ /s_~/~cl~_ 116 Z_~~ z t,~,aL - If llidds~ ia s Calt'porstion Go~~as Clr r~ s~~ o S (City) tstat~) (7.ip) ~.,..~on.: ?Cr ~• Z 99 • I 4-Z 4 ~i(3TL-; ap rrsa~ d~~#rOh bid lrc~ Oth~r pap~ra_ l`ill ~n wi.~lt ink s~esd sui~it Coapl~t~ ~rith ~ttae~d paprsa. Rr~p~at~ully avbwitt~d: N...: ~in /s/fs ~nc• ~ t~ia~w f~..t l•e~ ~~dcis~aa : ~G l s /d S (p.C. Hos> (8tz.~t} 1~1vI8sD Prapos2~l PaQe 13 of 18 (Rrvi~ed Auqaat 2040) LDp~[ NO. 2 I-ttaah~nt lio . ~ P E R F O R M A N C E B O N D AOND N0. PRF08613002 STATE OF TEXAS ~ - KNOW ALL BY THESE PRESENTS: COUNT2 OF NUECES ~ ~ ~iAT King-Isles, Inc. of NUECES County, Texas, here~nafter cal.led "Principal", and FzDELZTv & DEPOSIT CO oF MARYLAND*, a ~, corporation organized uncer *he laws of the State of t~~yr~tvD and dul~y autriorizad tc~ ao business in the State of Texas, hereinafter ca-~led "Surety", are he:1d and firmly bound unto the ~ Cit ~ of ~orpus Chr , st'~, <3 -;,~,inicip~l corpora} ion of Nueces County, Texas, nere,inat}er ::a-'~le:l "_ity", in tne penal sum of ONE MILLION, ONE Ht~RED FIFTY-ONE THOUSAND, TWENTY-EIGHT AND ~ 30/10~($1,~151,02$.30) DO~~~P,RS, lawful money of the United States, to ~e paid ir. Nuec~s Coantr, Texas, fer the payment of which sum weli an~~ tru1~~ ro k~e mad~ ~~e bind ~urselves, our h.eirs, executors, ~ a~minist_*--ators and succF:ssor~s, ~c~intly and severally, firmly by the~c p:.-esents: ~iE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the ` ~>rincipa~ entered intc a c~~rtain contract with the City of Corpus Christi, dated the 12TH cf DECEL~~ER, 2006, a copy of which is rereto attached and made : part hereo~, for the construction of: WOOLDRIDGE ROAD BRIDGE REPLACEI~~NT ` PROJECT NO. 2197 (TOTAL BASE BID: $1,151,028.30) °~ 1~W, T'I3EREFORE, i~ rhe : rincipal shall faithfully perform said work in accordance w~th t_~~P plans, spec~~fications and contract doc~ments, includinc~ any c:h~~ges, extensicns, or guaranties, and if ~ the prir:~cipal shall repa~r- and/or z~~p'_ace all defects due to faulty materials and!~r workmansrip that oppear within a period of one (1) year from the date ~f corlpl~tion and acceptance of improvements by ~ the Cit~~~, then thi~ ob~;~.~at_~:~n sh~ll be void; otherwise to remain in =u11 force ar:d eife~t. ~ PROVID~D FURTHER, t'r.at ~_f an;~ 'egal action be filed on this bond, veru~ sha11 l~ e in P~Juec~es County, Texas. ~ Anr that said surety f,~~ value received hereby stipulates that no ~:~hanqe, extensic:i oi ~_ir~e, aiteration or addition to the terms of t=he ~~ontract, or to th_ ~,aork performed ~hereunder, or the plans, ~ specifica*ions, dra~ings, etc., accompanying the same shall in ar.ywise affect its oblicat~.c:n on this bond, and it does hereby waiv~ notice cf: an} s~~ch ~~hange, F~xtension cf time, alteration or addi_tion to tt-:e tF rms ~f ~he :ontract, or to the work to be ~ perf~rmed there:~ncier. Per2ormance Bond Page 1 ~ ~ f 2 "~ *COLi>NTAL AMERICAN CASUALTY & : ~CJRFT`:' CO. ~ .~.:.,,,e ~.... ~,. ...,~ ...__~,+~r-_--..--,~.,,-.x.~..~ _,~..~_ .,,~„ _ ... . , ~. ~,. v.....~.. ......r...W..r_..~............ -~,,,-.._...,.~..-.,.~.,,, .....+w Th~~~ bc~nci ~~ icer. *_ ~~~eet the requirer-~ents of Article 5160, `v'~rr.cn' ~ Ci~,-~ii Srat,ites ;t ~'~xas, an~i other applicable statutes of t he .~;tate of Texas . The undersign~•d ag~,nt is ht~reby designated by the Surety " herein a~~, the Aqent Resicien*, in Nueces County to whom any requisite n,~t'_~_~es may be ~eli .rered anc: on whom service of process may be had in matters arisinG out of such ~uretyship, as provided by Art. ~ i.l~-l, ~`ernon's Te~:=;as Insu~~~rce Ccde. T~T W~~NESS WHER~OF, thi.ti inst~~ument is executed in 4 copies, - eac'n or~e of whicr shal LL .~~ deemed an original, this the 2gTx day ,~ f~~;cEMBER , 2 C'. ~~, . PRINCIPAL KING ~.SLES. INC. B Y ' - ----'~'. (Print Nam~ & T ATTEST _ .~- i i.._....~ . ~~~----~ . Secre~a~ •~ / / - __t-!7~e rcis • ~u~-,- dac ;PrLr,~ Nam~' svx~TY FIDELITY ~__DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. B ~~ . ~~~ ~'~~~°~., ~".~-2~ Attorr:e~(~n-fact MARV RI.T.RN Ml~~1RF (Fr::~t Na^~a; ~ r . ,~, ~ ~`~ ! , ~ ~ ..; ' - .~ ~~ . k ~ _, ~~~~ ~ ~'+~~` ~ ,~, ~~ ` .~'~~X. ~~. for ~-~~+~ e ~er~ric~ of pra~ess is: ~ Agency: SWANTNER & ~;ORDON INSURANCE AGENCY COI2td~ P~,~'8021: MARY F.T,T.F.N MC)(1RF. Ad~Z'e~ : p_ C) _ R(~X R 7(l ~ C'nRPilfi C'HRT~TT _ TF.XAS 7Rd(1"~ Phone ~I1umb~er: 361-883-1711 ~- (^JOT.~': Dat~= ~~f P?r ~ -.nar.c_° Bo~ : .r:-_ t ~, be ,c~ -,~ ~~> dacz c~~ ~_,ontract) (Revised 9/02) ~=erforman~E Bnnd Fage 2 ~f ~~ -~ e... _~. .,~.. .,~. e ..,. y,,,.,w. ,~:.._~.... ~:_.~_ ~ ., _:~~_ .9.., _._._. ~._~_.~_..~.~ ..._._......_ _ _ _ - ---•r P A Y M E N T B O N D STATE OF TEXAS ~ COUNTY OF NUECES § BOND NO. PRF08613002 KNOW ALL BY THESE PRESENTS: ~iAT King-Isl~s, Inc. ~f NUECES County, Texas, hereinatt.er called "Princ-ipa~_", an~ FrnFr.TTV ~ 1~FP(~~TT c~o ~F MARYTANI~* ~ a corpo-ation c>rgar, ~zed ~_:,~der ~he Laws of the Sta~te of ~~~n , and dui,~ authorized t~ d_~. bus~_ness in the State of Texas, hereina~ter ,a~1ed ";uret.y", are :ne'~d and firmly bound unto the CitY~ of .orpus ~hr:st~, ~i rrt.~nicipal corporation of Nueces County, Tex~~, nereina'~}er calie:~ "~:'ity", and unto a11 persons, firms and cor~crarions s~~~pplying labo,~- and materials in prosecution of the w:~rk reierred to in the 3ttached contract, in the penal sum of ONE MILI,IC~1, ~ ONE HUNIIRED FIFTY-ONE THOUSAND, TWENTY-EIGHT AND 30/lOf~"($1,151,028.30) DO~,LARS, lawful money of the United States, to be paid in Nuec-~s '~o~lnt~; , Texas, for the payment of which sum wel i and truly~ ~c ~~~e mad~~ ~~F> bind ourselves, our heirs, executors, ~` adm~risr_ratcrs and succE~sscrs, ~cintly and severally, firmly by *ne=:e p_~-FSents: T~iE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the ~ri~cipa~ ent~red intc a c~rtain contract with the City of Corpus Cnristi, dated the 12TH day DECEI~ER, 2006, a copy of which is her~to :ttached and made ~ part hereof, for the construction of: ~ WOOLDRIDGE ROAD BRIDGE REPLACEMENT PROJECT NO. 2197 (TOTAL BASE BID: $1,151,028.30) N~W, THEREFORE, if ~.he z~rincipai shall faithfully perforrn its dut~es and make prorlpt payment to all persons, firms, ~. subccntractors , co7poratioils and claimants supplying labor and materia~ in t re p~osect~ti_,n of tne work orovided for in said ~ conr_.ract: and any -~nd al1 .~uly authorized modification of said _ con.~ract that rr~ay hereinafter be made, notice of which modification to the ~urety is ~ereb~. <_;~~ressly waived, then this obligation sha"i be void; cthelwise _o ;emain i~ fuil fo rce and effect. FltOVIi?ED FURTHER, trat _ ~ any legal action be filed upon this bon,~, venue sha'1 1_.e ;~n '`ueces County, Texas. And that sa~d .~uret~; f_,~ value received hereby stipulates that n:~ change, extensio~i of ±-ir~e, altE~~ration or addition to the terms ~ of ~he .:cntract, or to tre ~,~~.-;rk per~ormed thereunder, or the plans, specifications, drawirigs, et.c., accompanying the same shall in anywise ~ffect irs obli:~at.ion on this bond, and it does hereby waiT~e n<:~t ice or an, such c'r~ange, extension of time, alteration or ` add~~tior, to t.he t<~rms ;f ?:ne cc:~ntract, or to the work to be perfiorrned ther?under. 'aymenr Bor.~i " caq e ' ~t ~~ *CnL~JNIAL FINIERICAN ~ASUh.LTY ~ .~URE,TY C0. Tr:i _ b.~:n,~i ~5 ,i ~~~er. `~c neet t hr requirements of Article 5160, : ez n~n' s Ci Ji 1 Stat utes ~~f I'exas, and other applicable statutes of M tr1E ~~c3t~~ Of `rc~XdS. T~1E ~Eii"P1S ~~CLdliTidi"lt~~~ '~LdrJOr'~~ aI1C1 "Material~~ <~s _:seci herei-. ar ~ ~n ac~c- ;rdance with and as defined in said .:rt . .:le . The undersign~d ag~~rzr is hereby designated by the Surety tierei.n a.~ the _~>gent Resicier:r in Nueces County to whom any requisite r:ot ices may be ~el~verer and en whom service of process may be had in matt:ers ar-~sing our "t such suretyship, as provided by Art. '. 1~~?-1, Vernor:' s Te.~as Ir sur,ance Cc~de . ~'N W~TNESS WHER~OF, this instrument is executed in 4 copies, eac:r~ one of which shal ~ k~e deemed an original, this the 29TH ~ d a y ~' f n:r~FMB .~--- -' ~ 0_J 7-- PRINCIPAL ATTEST . ~ ~ -~ ~ ~` ~?~.._ a! S etar ~~~ ~~ ~/'Q ~ c/ 5 ~l/ ~B ~ - (Frif:t Name) 3URETY " FIDELIPY & DEPOSIT COMPANY OF MARYLAND ^OLONI.~L AMERICAN CASUALTY & SURETY CO. ~ B Y ~ ~~~.~~~~~-~ ~ •!j/~ ~ Attcrne~_~fact M}1RY F. r.r.FrT nnnnnF (Pri.n~ Name~ " ~ The ' ~,` •t~ s. ~~'. ,,. . _ . ~ _. . " ~ '~' ~n ,~-~~,~,~„~, ~'r e3~ . w~ ~: ,.. r . ~ ~~ ~~~~ ~~~ ~a ~ ~~~~~`..~~~~~ ~,~ . . . A~eZlC,~; SWANTN~R & ~,ORDON INSL'RANCE AGENCY CaQIItBLt P@Z'SOri: ~RY ELLEN MOORE ° ~~~'S~ P.O. BOX 870 ~OBPUS CHRISTI. TEXAS 78403 P~one Nt~mber: 361-883-1711 ~ `,C~I~~~TF ~: Da~_e of Pay~n~-_t 5~.r~.d ~.~s_ ~~„t __-, prio° t~~ ~at2 of contract) (Revised 9/02) ~'a;me~` Bond -- ?age ~ ,f ~ Power of Attorney ~ FIDEL[TY AND DEPOSIT COMPANY OF MARYLAND COLONI~ AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the "` CULO~IAL AMERICAN CASUALTY AND SURETY COMPANY, corporarions of the S aryland, by PAUL C. ROGE~S, Vic¢ President, and T. E. SMITH, Assistant Secretary, in pursuance of u t$ Article Vl, Section 2, of the Hy-Laws of said Companies, which are set forth on the reverse ' er ~ ' ied to be in full force .~, and effcsct on t~e date hereof, does hereby nominate, consti o en MOORE, R M. LEE, D~ann E~SENHAUER, Miehael A. WHI a~ ~ us Christi, Texxs, EACH its true anc! lawful agent and Attorne~-in-F °, e , r, and on its behalf as surety, and as its act and deed: any and al! bo ~ s s ehalf of Independent Executors, Community ` Surviv~s and Co ~ a tans of such bonds or undertakings in pursuance of these presents, shall be as binc~ng~ i o and amply, to all intents and purposes, as if they had been duly executed and ack~owle ed b 1 cted officers of the Company at its office in Baltimore, Md., in their own proper ~ ,~ persons. This power mey revokes that issued on behalf of Leroy A. RYZA, Mary Eilen MOORE, R. M. LEE, Diann EISEN~AUER, Michael A. WHITNEY, Irene BLUEMEL, dated July 22, 2003. The said Assiqant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Secrion 2, of the By-Laws of said Co~npanies. and is now in force. ~ iN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Carporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMF,RICAN CASUALTY AND SURETY COMPANY, this 13th day of October, A.D. 2003. a.~t ~rFST FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY TM ~~''1~.~~ ~~~ ~M ~.~. J ~Y~ , ~ ~L W ... ~ ~ ~ ~~~~~~~~ . _ ~ 4 , ~'~ "` ~ , By. ~ T E. Smith Assistant Secretary Paul C. Rogers Vice President ~ Statc of Maryland 1 Ss: City of Bat#imore f ~ On ~is 13~t day of OctobeT, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commi~iioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDEL~"TY AND DEPOSIT C;dMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURE'PY COMPANY, to me personally Imown to be the individuals and officers described in and who executed the - preced~tg instttt~nent, and they each acknowledged the execution of the same, and being by me duly swom, severally and each f~r himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the precedaRg instrt~ment is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such _ officers were ~ly affixed and subscribed to the ~aid instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. -.. ~ R. I{,~ o~' ~Z +rr~w+w rinr .~• ~FlYPl10'~ Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F t68-9883 ~,a..~_,..,~..,~,._ ~„,._ ~ ~..>.a.F.,a~M,•.....~,.~,M..r..~.,.~......- .~w,.-~__~__ _, ~.~ ~_ ..~,~.~ ,...~.~_~.,,,,~. ~ s » Fidelity and Deposit Company of Maryland Home Office: P.0 Hox 122~, Baltimore, MD 21203-1227 [NIPORTANT NOTICE To obtai~t intormation or make a complaint: Yau may call the Fidelity and Deposit Company of Mazyland, Colonial American Casualty and = Su~ety Co~npany, and/or Zurich American Insurance Company's toll-free telephone number for infi~rmat~an or to make a complaint at: 1-800-654-5155 You may eontact the Texas Department of Insurance to obtain information on companies, coverage~, rights, or corr~plaints at: 1-300-252-3~39 Y'~~ may write the Texas Department of Insurance: P.O. Box 1~9104 Austin, TX 78714-9104 F~~.Y # (312) #75-1771 ~NIIL~I OR CLAIIV~ D[SPUTES• Sho»Id yoti have a dispute conceming t}ie premium or ~ zbot~t a clstim, you should first contact Fidelity and Deposit Company ot~ N[aryland or Colonial arri~rican Casualty ~nd Stirety Company. [f the dispute is not resolved, you may contact the Texas Dep~rtme~f of Tnsurv~ce. ~ :~T'~ACt~ THIS NOTIC,~ TO ~"OUR POLICY• Thi9 notice is for information only and does not l~come a part or condition of the ~ittached document. ,. ~, ~,, t f("[ ` i,'Y/QI1 ~ I~isclo~uure Statement ZURICH Court Boncli~ - BC ZURICM AGENT/BROKER COMPENSATION DISCLOSURE Dear Policy~wlder: On behalf ~ Zurid-* we are glad yau have chosen us as your insurance company. We fook forward to.meeting your insurance rf~:eds ~fd want you to understand clearly our business relationship with the agent or broker you chose to ~ represent yi~ur cor~-pany's interests in the placement of insurance coverages. As is the c~,e wit~ many insurance companies in the United States, Zurich distributes many of its insurance products thtough ag~ts or brokers. This means that your agent or broker is not empbyed by Zurich and, in fact, may represent "' many insuc~nce a~tnpanies. Beca~se we do not employ your agent or broker, the way they are compensated may vary. We rl~comm~nd you discuss t#~ese arrangements with your agent or broker. ,. Like many pther it~curers, when Z~ich compensates your agent or broker, they mav receive two types of payments. The first typ~ of coimpensation is krrown as "base commission," and the second is called "contingent compensation." For an ex~ati~ of the nature and range of compensation Zurich may pay to your agent or broker in connection with "` your busin+~s, plqse go to tritp:t#www.zurichna.com. Click on the information link located on fhe AgenU&oker Compensa~bn Dis~dosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this ir~rmati~n. Alternatively, you may call (877) 347-6465 to obtain this type of information. Thank you. Access Co~e: 20'~6104474 U-RET-E-402-A CW (09/06) Page 1 of 1 ~,e , c~;~ ~ ~~ . ~~~_. } ~~ . z _ ~ , ~c~r ~:~~ rnyr ~ ~r zo a .~'~ ~ ci^Y o~ cax~en~ cx~as•rz w~ DI9C7.1~$tktE OF INTI6RZSTS ~ ~.:.cy o~ C::~r~s Cht_sCi UrdinanCe 1'1'_i2, as amended, re~;uitoa a~; qera~ns o_ iirm^. ~eek...nc~ *_o do b1i91i3A5= iNl~l'i th~ Cizy to prova.~c t'~e fo~los~•~ng infacrr,at+_~~n. Erery c~uestion R:~st G~~ .~nswared. I# the q~~~~~~cn is nQ*_ apriica~ie, 2±~s~a= wit~~ °NA". ~ ET Rbi I~A~! ~ . ~,'~.i N) Cr ` S ~ ~ S ~ ~ `tJ G - ~ __ sT;~~~T ;~ 6¢; C~ b. ~~eir•: : Ca~~C~irYSh T~ z~e: 71~~5 FIRM 18: '1 . CO~JTdt10i1 d~~ 'L. Pesrcncrsnig J ~• S~'.'.d nWn'-= ~ ~. Aa~ociaticn O S.O~aer a DISCLOSURE QuE~'_''IONS ;' a~~itiun~l spac:e is ~ects~~rti~, Nlesse u~e the reR~arse s~da of this paqa or attach separat~ ~ sheet. _ , 1. Stat~s tns nas~a cf ea,~~h "~tap7.oyeF" of the ~ity aT ~:~rpua ~'hr.isti hati:~:~g an "~wnFrahii.; ir:teras-c" cen'titutin~ 3~ or mcra of the owri~rsY,a~ ia rha aboce natred °iirm". Narn~ Joh ".'z~'_e and ~'_ty D~pe~ttrnert fif knowrs; -.• ~~ - - - '" ~. S_3L8 Y,tts nasN~'s~ o: each "'~L:icial' o: the C~ty af Cvrpu9 C!;risti havir.c~ an "'oc~neL•51:1~~ irr.taz?3t" c.onstitu;.i: ~ 33 ox m~re ~~f *_~e owri?rshio ir_ *ha above r.a~n~d "firm". Nem~ Tit.l F ~.' _... "'~'T""- - ..,, . . . . . . . ~ 3. _tate r.~~ namea c~~ eaGh "bosr~ m~mcer" cf r_he C~*_y af Cnrpua Ct~.Li~ti r.avir.q aa "ounerahi~ in~e.~st" canstit~t~ng 3'~ ur ~;or.c oi tre c~waer~Y:ip in *_h~ abovg r.amed "Lirm". Nnm~ Ba~rd, Co:~tais9ir~t; ~~z Committ8@ ,d, ~!~,~r - ~.. ... 4. gtat~ ti~ n87tl~~8 oi eaCh 6r81~7:oxee c:L orlicer of a'~ozaul*_.ant" fcr t're City ~f C4rpu~ Yhristi who w~zked on any rat~e= ze)atr.~? ~o the ~ubject o~` ihi~ enr.tract and has a~ "uwnersi:ig inttres*" ~01'1'S`it'1C'_r:~ .~~ 4L' cnere ~L th8 c`..WIl~2t9fii~ 1:1 tht? ~3t,OV9 11EIICL'~ ~~f1ZIP~~. '~ Name Cc+nsilt~lit -~ L~ - --~ C,EF.TI F~ CATE i certify ~hat al~ inforrnaticn providad is tr.ua and ~orrect as ~i the dar_a af this '" stata~er.t, 'hat 1 t~av2 no;: kncawin~3y ~+-1t.1Y'~eld discl,~su~e of any in'orma~ion rcquestea; ar,~~ tk,at ~upplMnental s±atemonts ~vili ~iQ pron+ptly s~ibmit~.e~i *_o ~'ste <'i*y ~~ ~~vr~~~aa ~~hri~zi~ Tcxaa ag chanae~s occuz. ~ Certif fin~~ Persaa: ~rGtrfC[ S ~• ~6u,~t ~O°~- `Ticla: ~C~51 Gt.~~'l, ~ ;Type or Psi::} -~t-- S2QAAturr_ pf Gertifyinq Yerscn: _,is~~._~ , _._._ UatQ:~~ ~) i,_Z~~i° a~vYasD ~wnsrmtas xo. ~ Pzop~sal 1-ttachsoat xo. 2 "" PaC~e 19 ~ f i ~ Sent 3r: ~F _;Ser~Jut 31C~; 98~~3b02, JC- 2~:,n ~;~uP~~; P2~e 20/23 :~EFiNTTIGN$ ~ d. ''~.jlia~4' ~Cilt~?~..1'~~. ~ IG@1~J0L: ~-it ..~-^.17 ~=78~~C~r 4'OP:~.T.?:i31J!'l Q2 COCM?1~t80 ~~~C~1T,~.t4~ b`yt ~'.LtF ,.ir_~i Cc;i~nCil of tt~r Cily af Ccrg~~~ ., .~isti, '?'e:s~.;;• b• "Em~1v~,~Ite" . An1 ~eraon esaaloyed b}r tne CiLi af C~rp~~s C7ri:+*: z. T~xaa; e~ther o:, d f~.:ll or },arr time boais+ b+~t aot 3~ sn inde~endent c~:~ntr~ctor. _. "P'irm". nnr tntity ogqrate~ for e~.ona:n.i~ gain, whFr.her prclessional, i:,dustrial or co~amErcial aaxl whe _her eatabliahEd ,o produ~'a c~~ ciesl with a pr~r.~act ~:r ser ~icA, ~ inC~uda.~lq but not limiY;ec~ to, entit_i2~ nperated i.^. che go~:n Pf iole ~rnprieturv~~p, as self-smpl~ye~ getsOr, par*_n~rsnip, corp~3rat~on, j3in*_ ~toCk ccr,tgany. jci~t var.turer, rec~i~TQrehip ~r tru3t a_-:~ er.ti.~~es w~=.h, fas ~L'IZ.06i3S of tauatir~n, are treatPt3 a9 nhn-pzofi~ Orqi~'iz3[1G'1S. ~+ `~Ofii~~.a' ° The Mayo~, mecnb~ra o¢ the City :ouncil~ ::ity Manaqar, Deputy Gity M3neqer~ Asais*an* Cit~ Msnaysrs, Depart~ne~t and D~vis_cn Fi~ads a~~d fi7un~ci~a1 Court Judqes of L:~e City af Corpus ~.r.r~ sti, Texas. ~ c. ~~Owzer~ip Intereat". Lacal ~: e~~itat:ia int~re~r., wnether actua7.iy ~r. consLr~c;r ive~.y heid, in a firr.;, inclu~ing whor_ such •.ntarest is held !.hrou~3h an agent, trust, e~tate or ~:oldinq cr.t=ty. "~'unntruct~vely t~el1" r9fers to hu2dina or ~ con~ro~ esc~blis~ed L.I'1LC11GJ?'~ votinq *_r~~_ts, prt~xie3 or ~yescia~ taLms oF venturo or par.nes~nip aeqraements. :. "Ccnauicant". ~1ny person c~r firm, sucr as e~iuine~rs 3nd ~.r~hitec*_s, hirod by thQ C1ty Cf c;crpns Chri.s :i f~r t.h~ N~arF•ose of profe~eional coris!ilcatin.*, 3r.d r3C~un~C1:~8 ~ 1cr. . A1eV I S~A Proao~al 1'a~e 1.5 ~f lo IUpDStiDf~i NO. ~ xttaol',a11lnc r1o . 2 ,~ , ,. sc s_. ~d._>r,.~., ~c_. ~ 6 4~7P~A: P~ge 2';23 D~BAR,.'~N~T CERTIFICATION Cca~tr~u:tr~s ara not al2awcd ta parti~pato in federally fund~' projects if they are ~ su~n~ai! or d~ban~ed. The prirr~e eantracwr is required tc~ ctrtify as to iheir current cl~it~ilit~r stetus. Cettaftc,~Eioa iS ti1S0 se~uired Of all ptospeCttVC particip~tlts in law~'t ti~t tra~sacri~. This inciudd~ subcantractars, material s•~ppliers, vendors, eu. E~:~h pattiicip~nt mt~~ certify: "....thxt it xnd 1t~ prlncipab ~re no# preaentb* d~bsrred, " e~ertded, Prupo~ed far dtbnrtuent, decLred incl,i~fibie, or vo~tarily e~~lw~led frnai covcred tr~n~-scdan~ by uiy Fedenl d~ent or ~~e~ncy..... ~nd t6at theq have nat beea " css~ieted or h~d civil ju~tnt renderdd within tb~e p~et thre.~ yers for certaln types of ot~ea~es" ~ v~~: K~ v~~~ l s1 F s, I w c- r r g~• //~/w-~~ ~ ~ • - ~css; ~ L ~ 6 c~5'~h _L~-~ • - ~. c~___-~~ r~ S~' .~ 4- S ~~3 ~ c7 T~cp~ne: 3 ~ t / Z~ 5 - ~ 4-~ ~ - . _ ~~: ~I ~2~~ - 1( 3`7 _ 11D~~kIIN.A~ NQ .. 2 - xtsvissD At~.scha~nt No. 2 ~ropasai ?age 16 aP '_8 3- . - "st5 _ _ . ~ _ ~ti _.Sti:~ s ~C': c ~~O 4 :'~SPM~ P3C~2 22~~G3 ~ERT(FICATION O~' NOh-CULLU~IUN liadcr tn~ penalty of ptxj ucy of the laws of tho llnited States, the undersigned a~fRrms that th~ aze ~y authorized t0 e~ceecute tt,e pr~posed cantr~et, '~~et this eompaar, Corporation, t~, pa~aership oi• indi~idual has ~t prcparcYi this Bid in collusion with arry ot~ier $~t, arltid that the coost~ts of this Bid as w prices, ter.rss or cwnditions oE said Bid havo nc~ bccn communicated lyv the unde*si~ned nor by ~ny cmgloyee or agz~ to any other pqpson e~ed in this typ~e of business prior to the oi~'icial openiz~g af this Bid- ~Y~ ~~~i.ncr5 L . ~ o. ~~ (E~rt or Type Nams) t ~ ' ~r fc'r~ Lw t~ (P~t or 7ype T osition witb Busi.~es~s) 4~dress: l L~ L.~a~cl S F~~ ~ - C o ~~: ~S __ ~' S~1-.~. 7~~ - x~v=sr~ eroa~~sal PagE 1~ cf 18 1,DD~IDC~( ean . 2 Attieha~nt t3a . 2 dG~' ! / L Zcac ~ _ ____. u) ~er:t. ~y -i ds~ . ~t .;''7;, 38'=.~8Q2~ JC` ~]6 4:08P'vl~ FdQB 23/23 PROPOSAL5 ~OR TH[s wURK ~ B~ si~ this pr~posai, tha bidding f rrc arnd ti~e signer cxrtify that thc foll~.ving i~rm~, as indicated ~y ~hecking „Yes„ ~r "Rro" belaw, is true, ac.curaz~, and c~plet~. A. Qvotatian(s) hEVe been issued in this firm's narnc to uth~r firln{~} intertsted in t~#s wc3ric for con~deration for gerfosming a portion af this work. Yes / ;~a B. ~`this pragc~s~ is the ~r,w lrid, tt~--e bidder agrees to pravide thc following u~formatio~ prior 1o award af t,he contract. 1, Identify fitm~ whac;h bid as a grime contr~ctor ~~ tr4m whioh the bidder ~,y~ ' for work on this project. Z, Identityt tlu 5irns which bid as a prirnc con~actor to which the bidder ~~tl~u~t_iog for work on this Froject. ~ ~~ ll~dsire~-.,~1: ~ G. ~ ~ 6 [~S `~ ~ ~ or n~s ~~,tcS~'r ~_ ?fs~-~S. _. . '~'~elep~e: 3 G ( 2 ~i 4 ~, ~- L ~ - .. ~: ~G f Z ~I ~?. 1 ~ 3 ~~' , ..~.. ~._ ' R6VI86D ~~~~ ~ ~ 2 F ropoaal AttatCt~mrnt ~G . 2 Paqe i8 OI 18 ,~coRO CEI~fTIFICATE OF LIABILITY INSURANCE ~SR ~ pATE(MMIDO/YYYY) - KINGI-5 O1 04 07 PROOUCeR THtS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I Swantner 6 Gordon Ins . Agcy-CC HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR I P. O. Box 8 7 0 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 'Corpus Christi TX 78403-08?0 IPhone:361-883-1712 Fax:361-844-0101 Kinq les Inc. ~ 164i ~lds~on Corpus Chri~ti TX 78409-2B00 INSURERS AFFORDING COVERAGE NAIC ~ INSURERA: T6X88 Mutual Zns Co ~NSURea e Amarican Cas Co of Readin iNSURER c Continental Casualt Co iNSUReR o: U. S. Fire Insurance Co INSURER E: COYERAGES THE POLIC~S OF INSUR~lCE L~S'T'~D BELQW HAVE BEEN iSB~lEO TD THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING ANY REQUiREMENT, TEI~ OR COI~ITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV P£RTAIN, THE INSlJ~1NCE AF1~lARDED BY THE POIICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCIUSIONS AND CONDITIONS OF SUCH POIICIES AGGREGATE L~AITS SHQMN~ MAY HAVE BEEN REWCEO BV PAID CLAIMS. TR TYP INtU E POUCY NU#ABER pATE DATE ~~~Ts CiENERAL LIA~ITY EACH OCCURRENCE 3 1 OOO ~ OOO B ~ '}~ COMMERti~ALGENElRALLIA8ILITY C2~7~92~$~1~ 05/26/06 05/26/07 PREMISES Eaoxurence) 31~0 0~~ I ' ~ ' CLAIf~ MADE a OCCUR ~ ~ / MED EXP (Any one parson) 3~J 000 ~ ~ ~t ~ i r ~ -- -- - ! PERSONAL 3 ADV INJURY S 1 OOO OOO - - ~~ _ _ i ~ i GENERAL AGGREGATE OOO ~ OOO ~ _ _ ~~~. (4EN'L AGGREf~i~TE LIMITApPUES PER. ~ ~ PRODUCTS-COMP/OPAGG 3`2 ~ OOO ~ OOO PRO- ~ ~ ~ POLICY ~ JECT LOC j I~T ~ OMOBILE kMBILRY / V COMBINED SINGLE IIMIT id E t 1~ OOO ~ OOO C !, X ~ ANY AUTO C2070920894 05/26/06 05/26/07 en aacc ) ( ! 1 ~-1 ALL OWNEp AUTOS i / w ,/ y gpDILY INJURY (Per eroon) s ~ ' SCHEDUL~AUTOS p ~ ~i X HIRED AUI~S BODILY INJURY a ~ }~ NON-OW-~D AUTOS , (Per accidentJ i - ~ PROPERTV DAMAGE , --_ _ (Per accident) s I QIIRAGE LIABNA'i~ AUTO ONLY - EA ACCIDENT = ANY AUTO , OTHER THAN ~ ACC S i ~ AUTO ONLY: A~ s Q(CESS/UMBI~LLA l1AwLFTY EACH OCCURRENCE 5 OOO ~ OOO I D i ~ occuR ~ CWMSMADE 5530887351 OS/26/06 05/26/07 AGGREGATE s 5, 000, 000 ~ ~ s ' DEDUCTIBLE S X RETENTI(~I S ~. L S MrORIL~iB COMPEI~TION At~'! X TORY LIMITS ER A ~LQ~ERS' LIA911.~N ANY PlqPttIETOR7P ~TNERlE~ECUTIVE SBP0001037428 f 05/26/06 05/26/07 E.L.EACHACCIDENT s 1000000 r OfFIC9 R/MEMBERF~:LUDED? , ci.ASSES 5co5, eec9, aaio / E.L.DISEASE-EAEMPLOYE S lOOOOOO ~~'~p~qpyjg~pr~~'pei~ / E.L.DISEASE-POLICYLINHT S ZOOOOOO OTHER B Equipment !'loator C2070920801 05/26/06 05/26/07 Rntd/Lsd $500,000 SCN~'f Of OPERA ! l I VEHICLES / EXqiU810NS ADDED BY ENOORSEMENT ! SPECIAL PROVISIONS Project: Wo~drid~ Road Bridg~ Replacemant - Project No. 2197 / The City of (~flrpus Christi is named as Additional Insured on General r Liability and Auto Liability palicies. v.-r~ r~r~v~ ~ c nvi ~r/11~irC{.L.AI IV19 C ICC-CC $MOULD ANY OF THE AWVE DE8CR~ED POLICIES BE CANCELIED BEFO 1$ EXPIRATION C].t17 ~ CO~1]8 CtiT]. S t1 ~ DATE THEREOF, THE KiU1N~i INSURER YYILL ENDEAVOR TO MA~ 3O DAYS WRITTEN Engin~erin~ S@T~T1C@S NOTICE TO THE CERTIFICATE NOIDER NAA~D TO THE LEFT, BUT FAILURE TO DO SO SHALL AttIl : COII gt Admini s trator ~ppgE NO 08lIGATION OR LIABk.ITY OF ANY KIND UPON THE Ml3URER, RS AfSENT3 OR P. 0. 8ox~77 Corpull Chr~.sti TX 78469-9277 ~r~. A ACORD 2~ (2001/08) B ACOR~ C~RPORATION 1988 IMPORTANT If t~e cerf~icate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on ~is certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If ~JBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may rec~rire a~l endorsement. A statement on this certificate does not confer rights to the certificate ho~Ier in ~eu of such endorsement(s). DISCLAIMER Th+~ Certi~ate of Insuranae on the reverse side of this form does not constitute a contract between th~:~ssui-~ insurer(s), autht>rized representative or producer, and the certificate holder, nor does it afPi~mativ~r or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2s COMMERCIAL GENERAL LIABILITY CG2010100] THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ~ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the foilowing: vCOMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name af Person or Organization: Ciry of Corpus Christi ~ Department of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 (If no e~ltry ap~ars above, inforrr~tion required to complete this endorsement will be shown in the Declaration as applicar~le to t~iiis endorsement.) A. Sectit~ II - Who Is An Iasured is amended to include as an insured the person or organization shown in the Schec~uie, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With [espect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Ex~lusions This itssurance does not ~ply to "bodily injury" or property damage" occurring after: (1) Atll work, including materials, parts or equipment furnished in connection with such work, on the project (e~ther than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the s~te of the covered operations has been completed; or (2) TT'ttaat portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a ~incipal as part of the same project CG 20 10 10 01 Insured: King-Isles Inc '/ Pol # C2070920801 ~ Effective: 5/26/06 / ,~. (C ~ • J H V ~ t~ . .J:,, :. ~ ,: ~, ~ r Managing Partner Randal . Lee " M Title: Authorized Representative TE 99 O1B ~ ADDITIONAL INSURED This eti~iorsert~t modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This et~orsertl~t changes the policy effective on the inceation date of the nolicv unless another date is indicated heinw• Endor~nent ffective 5/26/06 / - -- - ------- ---- ... Policy Number C2070920894 ~ ~ Namec~ lnsured I % Kin -Ia~es Inc r' ; ~ ~ ~, ~ / ~ , _ ;;~5~~.. ,~ C i ~ i g , ~ ounter~ M _ (Authorized Representative) The prc~visions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Additi+~al In~red: City of Corpus Christi /Dept. Of Engincering Services ,~ Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 is an i~red, brcttt only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The a~tion~ i~sured is not rec~uired to pay for any premiums stated in the policy or earned from the policy. Any return premiu~ and ~y dividend, if applicable, declared by ns shall be paid to you. You ar~ autho~i2ed to act for the ~dditional insured in all matters pertaining to this insurance. We wil~ maii t~ additional insurcd notice of any cancellation of this policy. If the cancellation is by us, we will give ten days n~ce to ~e additional insured. The a~tion~ iasured will retait~ any right of recovery as a claimant under this policy. FOR11~~'E 49~B - ADDITIOP+iTAL INSURED Te~s Standard Autl~nobile Endorsement Pr+~cribed by March 19, 1992 ATTACHMENT2 20F2 COMMERCIAL GENERAL LIABILITY CG 02 OS Ol 96 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ~TEXAS CHA1vGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsemtnt modifies insurance provided under the following: COM~+TERCIAL GENERAL LIABILTTY COVER.AGE PART / LIQU~R LIABILITY C~VERAGE PART OWI3~tS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PROLiiJCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART RAIL~LOAD PROTECTTVE LIABILITY COVERAGE PART In the c!vent of csnceilation or maicrial change that reduces or restricts the insurance afforded by this Coverage Part, we agree tc~ mail ~r written notice af cancellation or material change to: SCHEDULE City of Corpus Ghristi Dept. Of Engineering Services ~ Attn: Contract Adminisuator P. O. Box 9277 Corpus Christi, TX 78469-9277 Numher of days advance notice: THIRTY (30) ~ Named'tnsured: King-Isles, Inc ~ Policv I+Tumber: C2070920$01 ~ . ~~ Effecti+~e Date of This Endorsem~t: 5/26/06 Author~ted R~stesentative: Name (~rinted~: R. M. Lee Title (P~inted): ~t~. ~ _ ~. u .,~~,. Managing Partner ATTACHMENT 3 CG02A6 (0119~6) 1 OF 3 TE 02 02A ~,,ICANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: ~ BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This en rsem chan es the olic effective on the ince tion date of the olic unless another date is indicated below: Endors~ent E tive Policy Number ~ ~ 5/26/06 C2070920894 Named ~sured / / ~ ; ~,,~ King-Is~s, Inc '~ Countersigned by : : . " ~ ~ y ~ ;~`°~" r ~ ~ ~: ~.~ ~ (Authorized Representative) _/TH1RT1' (30) ~ys before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice v of the ca~cellat~ or change to: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 927? Corpus Christi, TX 78469-92?7 Authorii~ed Repl~tsentative: ~~ ~~~,~ F.. ~ ~~~ ~: ~~ w; Name (P~inted): R. M. Lee Title (Pt~nted): Managing ~artner FORM~'E 02 ~3A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Stltndard Automobile Endorsement (Ed. Effeietive 3/92) ATTACHMENT 3 2 OF 3 WORI{~RS COMPENSATION AND EiVIPLOYERS LIABILITY INSURANCE POLICY WC 42 46 Ol (ED. 7-85) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This en~orsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Informa~ion Pa~e. In the evtnt of ~cellation or other materia] change of the policy, we will mail advance notice to the person or organization named in the Sdudule. The number of days advance notice is shown in the Schedule. This endprsemen# shall not operate directly or indirecdy to benefit anyone not named in the Schedule. Schedule N~mber of days advance notice: 30 / 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services ,~Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 This en~orsempnt changes the poticy to which it is attached and is effective on the date issued unless otherwise stated. (The inffirmatian below is required only when this endorsement is issued subscquent to preparation of the policy.) Endorse~ent Effective: 5i26/06 Policy No. SBP0001037428 / Endorsement No. lnsured Kit~g-Isles, Inc ~ lnsurance Com~any Texas Mutual WC42Q601 (Ed. 7-84) Classes 5606; 8809; 88]0 ~~remium ~_$ `~'~ ~ . ~•. t~ ~ r~p!Y Countersigned By: ~ ?.~.~,.~r~' '~».. f ~ ~ ,~,,, ~;~-~'`'~~ Name (Printed): R. M. Lee Title (Printed): Managing Partner ATTACHMENT 3 30F3