HomeMy WebLinkAboutC2007-226 - 7/10/2007 - Approved2007 -226
07/10/07
M2007475
Alpha Building Corporation
S P C I A L P R O V I S I O L
S P E C I F I C A T I O N S
A N
F R ! S O F C O N T R A C T S AND N S
F O R
FIRE STATION #11
DRIVEWAY REPAIRS 2007
THIS PROTECT WAS AWARDED VIA JOB ORDER CONTRACT
WHICH WAS COMPETITIVELY PRICED UNDER
RFP 2007 -1
FOR
PUBLIC HEALTH & SAFETY /FIRE DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3460
Fax: 361/826-3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3500
Fax: 361/826-3501
PROJECT 1O 5211
DRAWING NO: PBG 715
1
S PE C I L P 1 I S I fiS
S P E C I F I C A T I O N S
A N D
FORMS F C O N T R A C T S A N D BONDS
FOR
FIRE STATION #11
DRIVEWAY REPAIRS 2007
THIS PROJECT WAS AWARDED TIA JOB ORDER CONTRACT
WHICH WAS COMPETITIVELY PRICED UNDER
RFP 2007-1
FOR
PUBLIC HEALTH E. SAFETY /FIRE DEPARTMENT
CITY OF CORPUS CHRISTI, TES
Phone: 361/826 -3460
Fax: 361/826 -3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3500
Fax: 361/826-3501
LyOJECT NO: 5211
[DRAWING NO: PBG 715
(Revised 7/5/00)
FIRE STATION #11
DRIVEWAY REPAIRS 2007
Table of Contents
Re-el od- 7/54444- (NOT USED)
NOTICE TO CONTRACTORS - A (Revised May 2006)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A -3
A-4
A -5
A -6
A -7
A.-
A -10
A-11
A -12
A -13
A -14
A -15
A -16
A -17
A -18
A -19
A-20
A -21
A -22
A -23
A -24
A-25
A -26
A-27
� � r
(NOT USED)
Description of Project
Method of Award
Items to be Submitted with Proposal
Time of Completion/Liquidated Damages
Workers Compensation Insurance Coverage
Faxcd Proposals (NOT USED)
(NOT USED)
Wage Rates (Revised 7/5/00)
Cooperation with Public is Agencies (Revised 7/5/00)
Maintenance of Services
Area Access and Traffic Control
Construction Equipment Spillage and Tracking
Excavation and Rcmovale (NOT USED)
Disposal /Salvage of Materials
Field Office (NOT USED)
Schedule and Sequence of Construction
Construction Staking
Testing and Certification
Project Signs
Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
Inspection Required (Revised 7/5/00)
Surety Bonds
Sales Tax Exemption NO LONGER APPLICABLE (6/11/98)
Supplemental Insurance Requirements
Responsibility for Damage Claims (NOT USED)
(NOT USED)
A -29 Contractor's Field Administration Staff
A -30 Amended "Consideration of Contract" Requirements
A -31 Amended Policy on Extra Work and Change Orders
A -32 Amended "Execution of Contract" Requirements
(NOT USED)
(NOT USED)
A-36 Other Submittals (Revised 9/18/00)
(NOT USED)
A-38
Worker's Compensation Coverage for Building
Government Entities
A -40
(NOT USED)
A-42 OSHA Rules & Regulations
Amendment to Section B-8-6:
Partial Estimates
or Construction
(NOT USED)
(NOT USED)
Projects for
A-43 Amended Indemnification & Hold Harmless (9/98)
A -44 Change Orders (4/26/99)
A -45 As- Built Dimensions and Drawings (7/5/00)
et
(NOT USED)
A -48 Overhead Electrical Wires (7/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00)
et
(NOT USED)
ATTACHMENT I - CITY LANDFILL WASTE PROFILE SHEET
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
(NOT USED)
PART T - TECHNICAL SPECIFICATIONS
SECTION 2 SITEWORK
02001 Genera. Sitework Requirements
02072 Minor Demolition for Repairs
02315 Evt io & Fill
02575 Minor Asphalt Pavement Repair
02753 Portland Cement Concrete Paving
SECTION CONCRETE
03200 Concrete Reinforcement
03300 Normal Weight Structural Concrete
SECTION 15 MECHANICAL
15410 Minor Plumbing
LIST OF DRAWINGS
PC 715 Sheets 1 and 2
Detail Sheets "A", "B", "C"
NOTIG$ (NOT USED)
AGREEMENT
PRAP9SAIF (NOT USED)
PERFORMANCE BOND
PAYMENT BOND
DISCLOSURE STATEMENT
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised May, 2006
A Certificate of Insurance indicating proof of coverage in the
following in amounts is required:
TYPE INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on
all certificates
Bodily Injury and Property Damage
Commercial General Liability including: !
1, Commercial Form
2. Premises Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
I
AUTOMOBILE LIABILITY - -OWNED NON-OWNED :
OR RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental
discharge; to include long -tern
environmental impact for the disposal of
contaminants
$2,000,000 COMBINED SINGLE LIMIT
❑ REQUIRED
NOT REQUIRED
BUILDERS' RISK
i I
. See Section B -6 -11 and Supplemental
Insurance Requirements
• REQUIRED
x NOT REQUIRED
INSTALLATION FLOATER
See Section B-6-11 and Supplemental
Insurance Requirements
1 REQUIRED
1 x NOT REQUIRED
Page 1 of 2
❑ The City of corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
El The name of the project must be listed under "description of operations" on
each certificate of insurance.
0 For each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 880-3500.
Page 2 of 2
FIRE STATION #11 DRIVEWAY REPAIRS 2007
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting (NOT USED)
S F F r F
Q.‘b5itm4ept4
GenDikk
F i
wry w r t ror 14 1.9' 7 ...r_r
A -2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
This project shall include all labor, material and equipment for Fire Station
#11 Driveway Repair 2007 as per attached quote dated July 2, 2007 (see
Attachment No. 1, complete and in place for a Lump Sum price of Forty -Four
Thousand Nine Hundred Twenty and 45/100 DOLLARS ($44,920.45).
A-4 Me thod of Award
This project was awarded Via Job Order Contract which was competitively
priced under RFP 2007-1.
Section A - SP
(Revised 12/15/04)
Page 1 of 22
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
2. Disclosure of Interests Statement
A-6 Time of C - '� • let i.on /Li • idated Rama • es
The working time for completion of the Project will be 60 calendar da s. The
Contractor shall commence work within fifteen (15) calendar days after
receipt of written notice from the Director of Engineering Services or
designee ("City Engineer') to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
A -7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Faxed Proposals (NOT USED)
Section A - SP
(Revised 12/15/04)
Page 2 of 22
A- 9 Acknowledgment of Addenda (NOT USED)
•
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for Building Construction.
Plinimum Prevailing Wage Scales
The C orpxts Christi City mil has determined the general prevails minimum hourly urly wage
rates for Nueces County, 'Texas as set out in Part C. The C Cntractor and any sUboontractor
must not pay less than the specified wage rates to all laborers, workmen, and mechanics
employed by them in the execution of the Contract. The Contractor or subcontractor shall
forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer,
workman, or mechanic employed, if such person is paid less than the specified rates for the
classification of work performed, The Contractor and each subcontractor must keep an
accurate record showing the names and classifications of all laborers, workmen, and mechanics
employed by them in connection with the Project and Showing the actual wages paid to each
worker.
The Cbntractor will rake bi- weekly certified payroll sutndttals to the City Engineer. The
Contractor will also dbtain copies of such certified payrolls from all sUbcontractors and
others working on the Prof ect . These documents will also he sU mitted to the City Erigineer
bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for
additional requirements concerning the proper form and content of the payroll submittals.)
Cne and ore -half (1% ) times the specified hourly wage must be paid for all hours worked in
excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See
Section B-1 -1, Definition of Terms, and Section B-7-6, Working Hours.)
i -11 3 wig Fo lirte c - ti i e (Reiff 7/5/00)
� - -- - --�� �- ----- �� - - -- _��r�r- - -- �rrr - -
The Contractor shall cooperate with all public and. private agencies with facilities operating
within the limits of the Prof ect . The COntractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
facility by using the DIG TESS System 1 -800- DIG -TE' S (1- 800 - 344 -8377) , the Lone Star
Notification Company at 1- 800 - 669 -8344, and the Southwestern Bell Locate Croup at 1-800-828-
5127 . For the Contractor's conveniennce, the following telephone numbers are listed.
City Engineer
Project Engineer
'Angel Escc ba, PE
'Iaffic Eragirri
Police Department
Water Department
Wastewater Department
Gas Department
Storm Water Depart
Parks & Recreation Department
Streets & Solid Waste Services
A. E P
S B C
826 -3500
826 -3500
880 -3540
882-1911
857 -1880 (880 -3140 after hours)
857 -1818 (880 -3140 after hours)
885 -6900 (885 -6900 after hours)
857-1881 (880 -3140 after hours)
880 -3461
857 -1970
299 -4833 (693 -9444 after hours)
881 -2511 (1- 800 - 824 -4424, after mss)
Section A - SP
(Revised 12/15/04)
Page 3 of 22
City Street Div . for Traffic
Signal /Fiber Optic Date
Cablevision
AM (Fiber optic)
EMC (Fiber Optic)
C' riel1 (Fiber Optic)
IMPROCK (Fiber Optic}
Brooks Fiber Optic (MsT)
A -12 Maintenance of Services
857 -1946
857 -5000
887 -9200
813-1124
881 -5767
512/935 -0958
972 -753 -4355
(857 -1960)
(857 -5060 after hours)
(Pager 800- 724 -3624)
(Pager 888 - 204- 1679)
(Pager 850-2981)
(raffle)
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as -built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and coTpleteness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer,
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A -13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and public. This
may include, but is not limited to, working driveways in half widths,
construction of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
Section A - SP
(Revised 12/1S/04)
Page 4 of
A-14 Construction E i!m nt S•i11a *a and Trackin
The Contractor shall keep the adjoining streets free of tracked and /or
spilled materials going to or from the construction area. Hand labor and /or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals (NOT USED)
growth
defined ac dirt
g
pipe, drive ,
item for "Street
A-16 Disposal /Sabra- a of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field Office (NOT USED)
field-office at the o
two ( ) ohairo
the City - En inee
may item for the field-406640,09-
A-18 Schedule and Sequence of Construction
-- Contractor. There - -no
The Contractor shall submit to the City Engineer a work plan based only on
calendar days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three ( ) working days prior to the
pre -- construction meeting.
Section A - SP
(Revised 12/15/04)
Page 5 of
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to
the Pre - Construction Meeting an initial Construction Progress Schedule
for review.
2. Items_ to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
i -1 construction Pr Layout and control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
The Contractor shall furnish all lines, slopes and measurements necessary for
control of the work.
If, for whatcvor roa►oon, it io n00000ary to doves
T_I aw �r ai rya ...... �.� � ... rw.... r f +` .r w i+ L.... w7 �..... r _r r �.......
Tam in�cr to � . mss: mho di a...in o .
ohall be approved by the City priew—to—eny—week.r—h!ty
• - l-1 curb rcturno at point of ta►ngoncypoix is o- :; : cn c o
AP Curb and gutter flow l inc both
Section A - SP
(Revised 12/15/04)
Page 6 of 22
?i- Testing and certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
Projq __ins NOT USED
- the —signs will be detertnined i the i
the City-Engineer.
A-22 Minority /Minority Business Enterprise Partici Lion Policy (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
Section A - SP
(Revised 12/15/04)
Page 7 of 22
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican- Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and /or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a 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 51.015 of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, rust be entitled to receive
1. 0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female_Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
Section A - SP
(Revised 12/15/04)
Page 8 of 22
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 either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 15
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
Engineer, The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi- weekly payrolls in a timely fashion or to submit overall
participation information as required.
A -23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection .
Section B - -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, and all other City fees, including
water /wastewater meter fees and tap fees as required by City.
A- Suret Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
Section A - SP
(Revised 12/15/04)
Page 9 of 22
No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10 15) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10W) of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent 1 of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. . The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A-25 Sales Tax,,.E emption (NOT USED)
i . - ho roof.
Olioti du not qualify f
is dolotcd in ito 1i -
Section A - SP
(Revised 12/15/04)
Page 10 of 22
A-26 supplemental Insurance R,suirements
For each insurance coverage provided in accordance with Section B - -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
chance to:
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address :P. . Box 9277
Corpus Christi, Texas 78469 -9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty ( 0 ) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys' fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Responsibility for Damage Claims NOT USED
Paragraph (a) General Liability of Section B-6-11 of the General Provisions
is amended to include:
Section A - SP
(Revised 12/15/04)
Page 11 of 22
Contractor must provide - insurance
coverage for the term of the Contract up to and including the date the
City finally accepts the Project or work.
=Mr
uotibo,
A -28 Considerations for Contract Award and Execution Mar USED)
paid claim' a ainc 11 a e for
h relate to and
tmi-tokift—immi-i-mmj—twmo...4)--yommPon---The bidder o '
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five years recent experience in field
management and oversight of projects of a simila r size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close -out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Section A - SP
(Revised 12/15/04)
Page 12 of 22
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A -30 Amended "Consideration of Contract" Re- irements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
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
Contractor has not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B -7-1;
Section A - SP
(Revised 12/15/04)
Page 13 of 22
7. A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre - construction conference;
8. Documentation required pursuant to the Special Provisions A-28 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
10.
submit in letter form,
information identifying type of entity and state, i.e., Texas (or other
state) Corporation or Partnership, and name (s ) and Title (a) of
individual (s ) authorized to execute contracts on behalf of said entity.
A-31 Amended Policy on tetra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
Policy on Extra _Work and Change Orders the present text is deleted and replaced with the
following
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a age order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize age orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 "fcecution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following
The award of the Contract maybe rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work (NOT USED)
A-34 Precedence of Contract Documents (NOT USED)
Section a - SP
(Revised 12/15/04)
Page 14 of
' a4- rdr .
A-35 City Water Facilities: S.ecial Re. irements Own USED)
r i c n t
l -i -ty of th
Section A - SP
(Revised 12/15/04)
Page 15 of 22
■
1 'l 7-- Qo....te,...... *...ti.. :, hla1 O
is not lii4 - to, noalifiertsi
- oloaino,
them opcaifio
-- - , - -mum,. t 4....... _ 9. e t ... dom n o t r t the
omparablo of o, typo,
.
of onto .
-- tr loact yoarc
-of—work - opooif iod
- 1 -
- fientrol
- ho Contract.
serive—leievility wit -him -- 100 mileo
Section n A - SP
(Revised 12/15/04)
Page 16 of 22
r - givon typo- will—be-454e
illod out p rxnrn.rx
-- to chow -
to. Thc
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form,
d. Contractor's Stamp: Contractor must apply ContractorTs stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
Section A - SP
(Revised 12/15/04)
Page 17 of 22
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
1 Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples : The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on -site test data within the specified time to the City Engineer for
approval. otherwise, the related equipment will not be approved for use
on the project.
A- 37 ATended "Arrangeme t and Charge for Water Furnished • the cat " (NOT USED)
for will
moiso .,: 1, ,_..
.al
- 3 or'G cosaton Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors -B'" are incorporated by reference
in this Special Provision.
A-39 certificate of Occupancy and Final A ce • tance (NOT USED)
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
Section A - SP
(Revised 12/15/04)
Page 18 of 22
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project wort site .
A -41 ozone Advisory
Priming and hot -mix paving operations must not be conducted on days for which
an ozone advisory has been issued, except for repairs. The City Engineer will
notify Contractor about ozone alert. If a delay such as this is experienced,
the day will not be counted as a work day and the Contractor will be
compensated at the unit price indicated in the proposal.
A-42 OSHA Rules & Re- lions
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA rules and regulations while performing any and all City_ related projects
and or jobs.
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" B -7_1 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
Section A - SP
(Revised 12/15/04)
Page 19 of 22
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub - contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.). This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
As-Built Dimensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
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 include the following
(1) Horizontal and vertical dimensions due to
substitutions /field changes.
(2) Changes in equipment and dimensions due to substitutions.
(3) "Nameplate" data on an installed equipment.
(4) Deletions, additions, and changes to scope of work.
( ) Any other changes made.
A-46 Disposal of Highly Chlorinated water (7/5/00 } (NOT UMW)
A-47 Pre- construction Ex lorato Excavations (7/5/00 } (NOT USED)
Section A - SP
(Revised 12/15/04)
Page 20 of 22
A-48 overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of constructi
SUBMITTAL TRANSMITTAL FORM
PROJECT: FIRE STATION #11 DRIVEWAY REPAIRS 2007; PROJECT No. 5211
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: : I A VAN VLECK, P.E.
CONTRACTOR: ALPHA BUILDING CORPORATION
SUBMITTAL DATE : SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 22 of 22
PART B - GENERAL PROVISIONS
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
Table of Contents
B -1 Definitions and Abbreviations
B -1 -1 Definition of Terms
B -1 -2 Abbreviations
PAGE
1
3
13-2 Prospsgl Rgruirements and Conditions,
B -2 -1 Proposal Forms 4
B -2 -2 Quantities in Proposal Forms 4
B -2 -3 Examination of Plans, Specifications, and Site of the Work 4
B -2 -4 Forms, Plans and Specifications 4
B -2 -5 Addenda 4
B -2 -6 Pre -Bid Conference 5
B -2 -7 Preparation of Proposal 5
B -2 -8 Proposal Guaranty 5
B -2 -9 Filing of Proposal 5
B -2 -10 Withdrawing Proposals 5
B -2 -11 Cancellation of Bid Opening 6
B -2 -12 Opening Proposals 6
B -2 -13 Irregular Proposals 6
B -2 -14 Rejection of Proposals 6
13-2 -15 Disqualification of Bidders 6
B -2 -16 Disclosure of Interests 6
B -3 Award
B -3 -1
B -3 -2
B -3 -3
B -3 -4
B -3 -5
B -3 -6
B -4 Scope
B -4 -1
B -4 -2
8 -4 -3
B -4 -4
B -4 -5
B -4 -6
and Execution of Contract
Consideration of Contract 7
Award of Contract 7
Equal Opportunity Employer Provisions 7
Surety Bonds 8
Execution of Contract 8
Failure to Execute Contract 8
of Work
Intent of Plans and Specifications 9
Subsidiary Work 9
Increased or Decreased Quantities of Work 9
Alteration of Plans and Specifications 10
Value Engineering Incentive Procedures 10
Extra Work 11
11-5 Control of the Work and Materials
8 -5 -1 Authority of the City Engineer 11
B -5 -2 Authority of Duty of Engineers or Inspectors 11
B -5 -3 Conformity with Plans 11
B -5 -4 Existing Structures 11
B -5 -5 Coordination of Plans, Specifications, Proposal
& Special Provision 12
B -5 -6 Cooperation of Contractor 12
8 -5 -7 Construction Staking 12
B -5 -8 Source of Supply of Materials 13
B -5 -9 Samples and Tests of Materials 13
B -5 -10 "Or Equal" Clause 13
B -5 -11 Storage of Materials 13
B -5 -12 Removal of Defective and Unauthorized Work 13
B -5 -13 Final Inspection 14
8 -5 -14 Warranty Inspection 14
TABLE OF CONTENTS /PAGE 1 OF 2
(rev. Nov /94)
B -6 Legal
B -6 -1
B -6 -2
B -6 -3
B -6 -4
B -6 -5
B -6 -6
8 -6 -7
B -6 -8
B -6 -9
B -6 -1❑
B -6 -11
8 -6 -12
B -6 -13
8 -6 -14
B -6 -15
8 -6 -16
8 -6 -17
B -6 -18
B -6 -19
B -6 -20
B -6 -21
B -6 -22
Relations and Public Responsibilty
Laws to be Observed
Permits and Licensee
patented Devices, Materials and Processes
Sanitary Provisions
Public Conveniences and Safety
Privileges of contractor in Streets,
Railway Crossings
Traffic Control Devices
Use of Explosives
Protection and Restoration of Property
Responsibility for Damage Claims
Contractor's Claim for Damages
Public Utilities and Other Property to
Temporary Sewer and Drain Connections
Arrangement and Charge for Water Furnished
Use of fire Hydrants
Use of a Section or Portion of the Work
Separate Contracts
Contractor's Responsibility for the Work
No Waiver of Legal Right
Indemnification and Hold Harmless
Tax Exemption Provisions
14
14
1.5
15
15
Alleys and Right -of -Way 16
16
16
16
17
19
be Changed 19
19
by the City 19
19
19
20
20
20
20
20
B -7 Prosecution and Progress
B -7 -1 Subletting the Work
B -7 -2 Assignment of Contract
Prosecution of the Work
Limitation of Operations
Character of Workmen and Equipment
Working Hours
Time of Commencement and Completion
Extension of Time of Completion
Computation of Contract Time for Completion
Failure to complete on Time
Suspension by court Order
Temporary Suspension
Suspension of Work and Annulment of Contract
Termination of Contract
B -7 -3
B -7 -4
B -7 -5
B -7 -6
8 -7 -7
B -7 -8
B-7-9
B-7-10
B -7 -11
8 -7 -12
B -7 -13
B -7 -14
B -8 Measurement and Payment
8 -8 -1 Measurement of Quantities
B -8 -2 Unit Price
B -8 -3
3-8-4
B -8 -5
B -8 -6
B -8 -7
B -8 -8
B -8 -9
B -8 -10
B -8 -11
Scope of Payment
Payment for Extra Work
Policy of Extra Work and Change Orders
Partial Estimates
Withholding Payment
Final Cleanup
Final. Acceptance
Final Payment
Maintenance Guaranty
(rev. 11ov /94)
TABLE OF CONTENTS /PAGE 2 OF 2
21
21
21
22
22
22
22
22
23
23
23
23
24
25
25
25
25
26
26
27
27
27
28
28
28
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
CITY OF CORPUS CHRISTI, TEXAS
B -1 DEFINITIONS AND ABBREVIATIONS:
B -1 -1 Definition of Terms:
Wherever the words, forms or phrases defined herein or pronouns used in their
place occur in these specifications, in the contract, in the bonds, in the
advertisement or any other documents or instrument herein contemplated, or to
which these specifications apply or may apply, the intent and meaning shall be
interpreted as follows:
Advertisement: All of the legal publications pertaining to the work
contemplated or under contract.
Bidder: Any person, persons, partnership, company, firm, association,
corporation, or joint venture acting directly or through a duly authorized.
representative submitting a proposal for work contemplated.
City: The City of Corpus Christi, Texas, a municipal corporation, acting by
and through (a) its governing body or (b) its City Manager, each of whom is
required by Charter to perform specific duties. Responsibility for final
enforcement of contracts involving the City of Corpus Christi is, by Charter,
vested in the City Manager.
City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly
authorized assistants or agents.
City Council: The Council of the City of Corpus Christi, Texas.
City Engineer: The Head of the Department of Engineering Services of the City
of Corpus Christi, Texas.
City Manager: The Manager of the City of Corpus Christi, Texas.
City Secretary: The City Secretary of the City of Corpus Christi, Texas, or
duly authorized assistants or agents.
Contract: The written agreement covering the performance of the work. The
contract includes the advertisement; proposal; specifications, including special
provisions; plans or working drawings; any supplemental changes or agreements
pertaining to the work or materials therefor, and bonds.
Contract Time The number of calendar days or working days allowed for
completion of the contract, including any authorized time extensions.
(a) Calendar Day: A calendar day is defined as any day shown on the calendar
beginning and ending at midnight.
(b) Warkina Day: a working day is defined as a calendar day, not including
Sundays or legal holidays, in which the weather or other conditions affecting the
site, not under the control of the Contractor, will in the judgement of the
Engineer permit the performance of some substantial unit of work for a
substantially continuous period of time of not less than six (6) hours between
7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does
in fact work with the permission of the Engineer as elsewhere provided.
Each calendar day, not including Sundays or legal holidays, in which the
Contractor carries on work on some unit of the contract for a period of more than
six (6) hours shall be charged as one (1) working day, regardless of the number
of hours worked in excess of the (6) hour minimum. Saturday will not be charged
(rev. Nov /94)
PAGE 1 OF 2B
as a working day unless work of any type requiring the presence of the Engineer
is in fact carried on for any period of time during the day.
On Sundays and legal holidays on which, by previous written permission of the
Engineer as elsewhere provided, the Contractor works as much as four hours on
some unit of the contract, two working days shall be charged. If, under such
permission, work is commenced but proceeds less than four hours, one working day
shall be charged. In the determination of the hours above, no deduction shall
be made for lunch time taken.
Contractor: The person, persons, partnership, company, firm, association,
corporation, or joint venture entering into contract for the execution of the
work, acting directly or through a duly authorized representative.
Engineer: Assistants, agents, engineers, inspectors, or superintendents duly
authorized by the City Engineer and acting within the scope of the particular
duties entrusted to them.
General Provisions: This Section B of the specifications.
Holidays: The terms regular
charging working days, control
shall include the following:
January 1 (New Year's Day)
Memorial Day
holidays and legal holidays, for the purposes of
of working days and hours, and wages of employees,
July 4 (Independence Day) Thanksgiving Days
Labor Day Christmas Day
Maintenance Guaranty: The approved form of security furnished by the
Contractor and his surety as a guarantee that he will maintain the work
constructed by him in good condition for the period of time required. This shall
be in accordance with the provisions of the specifications and may be made a part
of the Performance Bond.
Payment Bond: The approved form of security furnished by the contractor and
his surety for the use and benefit of the City as a guarantee for the protection
of all claimants supplying labor and /or material in the prosecution of the work
provided for in this contract.
Performance Bond: The approved form of security furnished by the contractor
and his surety for the use and benefit of the City as a guarantee of good faith
on the part of the Contractor to execute the work in strict accordance with the
plans, specifications, and terms of the contract, and that the Contractor will
maintain the work constructed by him in good condition for the period of one year
or such other period of time as may be specially provided.
Plan or Plans: All the drawings pertaining to the contract and made a part
thereof, including such supplemental drawings or addenda as the City Engineer may
issue in order to clarify other drawings or for the purpose of showing changes
in the work hereinafter authorized, or for showing details not shown thereon.
Proposal: The written statement or statements duly filed with the City
Secretary of the person, persons, partnership, company, firm, association,
corporation, or joint venture proposing to do the work contemplated, including
the approved form on which the formal bids for the work are to be prepared.
Proposal Guaranty: The bid security designated in the advertisement and
proposal to be furnished by each bidder as a guarantee of good faith to enter
into a contract with the City and execute the required bonds for the work
contemplated after the work is awarded him.
Special Provisions: The special clauses setting forth conditions or
requirements peculiar to the specific project involved, supplementing the
standard specifications, and taking precedence over any conditions or
requirements of the standard specifications with which they are in conflict.
(rev. Nov /94)
PAGE 2 OF 28
Specifications: The directions, provisions, and requirements contained herein,
together with the special provisions supplemental hereto, pertaining to the
method and manner of performing the work or to the qualities or quantities of the
material to be furnished under the contract.
Sureties: The corporate bodies which are bound by such bonds as are required
with and for the Contractor.
The Work: All work, including the furnishing of labor, materials, tools,
equipment, and incidentals, to be performed by the Contractor under the terms of
the contract.
B -1 -2 Abbreviations:
Wherever the abbreviations defined herein occur on the plans, in the
specifications, contract, bonds, advertisement, proposal, or in any other
document or instrument herein contemplated or to which the specifications apply
or may apply, the intent and meaning shall be as follows:
0
A.A.S.H.T.O.
American Association of State Highway and
H.S.
Horseshoe
Transportation Officials
In. or "
Inches
Ac.
Acre
Lb. or #
Pound
A.C.
Asbestos Cement
L.F.
Linear Foot
A.C.I.
American Concrete Institute
Lin.
Linear
A.N.S.I.
American Nauonal Standards Institute
L.S.
Lump Sum
Asph.
Asphalt
Max.
Maxlmnm
A.S.T.M.
American Society for Testing Materials
M.H.
Manhole
Ave.
Avenue
Min.
Minimum
A.W.P.A.
American Wood Preservers Association
Mono.
Monolithic
A.W.S.
American Welding Society
M.U.T.C.D.
Mammal of Uniform
A.W.W.A.
American Water Works Association
Traffic Control
Blvd.
Boulevard
Devices
C.F.
Cubic Foot
N.
North
C.I.
Cast Iron
No.
Number
C.L.
Center Line
%
Percent
C.M.P.
Corrupted Metal Pipe
P.L.
Property Line
C.O.
Cleanout
Prop.
Proposed or Property
Conc.
Concrete
P.V.C.
Poly Vinyl Chloride
Cond.
Conduit
R.
Radius
Corr.
Corrupted
R.C.P.
Reinforced Concrete Pipe
C.P.& L.
Central Power & Light Company
Reid.
Reinforced
Cu.
Cubic
Rem.
Remove
Culv.
Culvert
Rep.
Replace
C.Y.
Cubic Yard
R.R.
Railroad
D.I.
Ductile Iron
R!W or ROW
Right -of -Way
Dia.
Diameter
S.
South
Dr. or Dwy
Drive or Driveway
San.
Sanitary
E.
Fast
S.F.
Square Foot
Ea.
Each
Sq.
Square
Elev.
Elevation
St.
Street or Storm
racist.
Existing
Std.
Standard
F.
Fahrenheit
S.Y.
Samara yard
F.L.
Flow Line
T.C.
Top of Curb
Ft. or '
Feet
Tel.
Telephone
Gal.
Gallon
V.F.
Vertical Foot
G.L.
Gutter Line
W.
Wert
G.P.M.
Gallons per Minute
W.U.T.
Western Union Telegraph
H.N.G.
Houston Natural Gas Co.
Yd.
Yard
Metrics:
cm
Centimeter
m
Meter
gm
Gram
mgm
Milligram
kgm
km
Kilogram
Kilometer
mm
Millimeter
(rev. Nov /94)
PAGE 3 OF 28
B -2 PROPOSAL REOUIREMENTS AND CONDITIONS:
B -2 -]. Proposal Form:
The City will furnish bidders with proposal forms which state the general
location and description of the contemplated work, and which will contain an
itemized list of items of work to be done or materials to be furnished, and upon
which bid prices are asked. The proposal form will provide for the amount of
proposal guaranty, the contract time, and the acknowledgement of addenda
received.
B -2 -2 Ouantities in Proposal Form;
The quantities of the work and materials set forth in the proposal form or on
the plans approximately represent the work to be performed and materials to be
furnished and are for the purpose of comparing the bids on a uniform basis.
Payment will be made by the City to the Contractor only for the actual quantities
of work performed or materials furnished in accordance with the plans and
specifications, and it is understood that the quantities may be increased or
decreased as hereinafter provided without in any way invalidating the bid price.
B -2 -3 Examination of Plans. Specifications, and Site of the Work:
Bidders are advised that the plans and specifications and other documents on
file with the City Engineer shall constitute all of the information which the
City will furnish. Bidders are required, prior to submitting any proposal, to
read the specifications, proposal, contract, and bond forms carefully; to visit
the site of the work; to examine carefully local conditions, soil and water
conditions to be encountered, improvements to be protected, disposal sites for
surplus materials not designated to be salvaged materials, methods of providing
ingress or egress to private properties, and methods of handling traffic; to
inform themselves, by their independent research, tests, and investigation, of
the difficulties to be encountered and judge for themselves of the accessibility
of the work and all attending circumstances affecting the cost of doing the work
or time required for its completion; and obtain all information required to make
an intelligent proposal. No information given by the City or any official
thereof, other than that shown on the plans and contained in the specifications,
proposal, and other documents, shall be binding upon the City. Bidders shall
rely exclusively upon their own estimates, investigations, tests, and other data
which are necessary for full and complete information upon which the proposal may
be based. It is mutually agreed that submission of a proposal is evidence that
the bidder has made the examinations, investigations, and tests required herein.
B -2 -4 Forms. Plans and Specifications:
Unless otherwise specified in the Notice to Bidders and Special Provisions,
forms of proposal, contract and bonds and plans and specifications may be
obtained at the offices of the City Engineer in the City Hall upon making a Plans
Deposit as designated, which sum so deposited will be refunded provided the
prospective bidder returns all documents, except proposal form if bidding, to the
offices of the City Engineer within two (2) weeks from and after the time and
date of receiving proposals. If the prospective bidder does not comply with this
requirement, the sum of the Plans Deposit shall become the property of the City
of Corpus Christi, Texas.
B -2 -5 Addenda:
Addenda to the plans and specifications, which are formal written notices of
additions, deletions, modifications, or explanations of contract documents from
the City to prospective bidders in advance of the bid date, may be issued by the
City Engineer. Such addenda will be mailed immediately to the address designated
by prospective bidders taking out plans, specifications, and proposal forms.
(rev. Nov /94)
PAGE 4 OF 28
B -2 -6 Pre -Bid Conference:
Any prospective bidder may request a pre -bid conference to discuss the plans,
specifications, and proposal. If such a conference is requested, it will be held
approximately one week prior to the bid opening. Each prospective bidder who has
furnished the Plans Deposit required by the Notice to Bidders will be notified
of the date, time, and location of the pre -bid conference. Any clarification to
the contract documents deemed necessary as a result of the pre -bid conference
will be made by written addenda.
B-2 -7 Preparation of Proposal:
The bidder shall submit his proposal on the forms furnished by the City. All
blank spaces in the forms shall be correctly filled in, and the bidder shall
state the prices, written in ink, for which he proposes to do the work
contemplated or furnish the material required; the unit prices shall be written
both in words and numerals. Such prices shall be written distinctly legible. In
case of discrepancy between the unit price written in words and the unit price
written in figures, the unit price written in words shall govern. The unit price
shall govern over the amount. If the proposal is submitted by an individual; his
name must be signed by him or his duly authorized agent. If the proposal is
submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm,
association, or partnership, or person duly authorized. If the proposal is
submitted by a company or corporation, the company or corporate name and business
address must be given and the proposal signed by an official or duly authorized
agent. Proposals submitted by a joint venture shall list all participants and
their addresses. Powers of attorney, authorizing agents or others to sign
proposals, must be properly certified and must be in writing and submitted with
the proposal.
B -2 -8 Proposal Guaranty:
No proposal will be considered unless accompanied by an individual bid security
(bond) for the project in the amount of five percent (5 %) of the highest amount
bid. Such bid security shall be issued by a firm licensed for issuance in the
State of Texas. A cashier's check, certified check, money order, or bank draft
from any state or national bank will also be acceptable. The security shall be
deemed a good faith offer on the part of the bidder to accept a contract, if
awarded. In the event the successful bidder declines to accept such award or
cannot provide the required bonds and insurance certificates within ten (10)
calendar days of the award of the contract, then the amount of the bid security
will become the property of the City, not as penalty but as liquidated damages.
The bid securities of the unsuccessful bidders may be released within forty -
eight (48) hours of the time bids are received. The bid security of the
successful bidder will be released upon execution of the contract documents and
submission of the required bonds and certificates.
B -2 -9 Filing of Proposal:
No proposal will be considered unless it is filed with the City Secretary's
office in the City Hall, Corpus Christi, Texas, within the time limit for
receiving proposals as stated in the advertisement. Each proposal shall be in
a sealed envelope, plainly marked with the word "PROPOSAL" and the name and
description of the project as designated in the "ADVERTISEMENT ".
B -2 -10 Withdrawing Proposals:
Proposals filed with the City Secretary cannot be withdrawn or modified prior
to the time set for opening proposals. Request for non - consideration of
proposals must be made in writing addressed to the City Engineer and filed with
the City Secretary prior to the time set opening proposals. After other
proposals are opened and publicly read, the proposal for which withdrawal is
properly requested may be returned unopened.
(rev. Nov /94)
PAGE S OF 28
B -2 -11 Cancellation of Bid Opening:
The City may, at any time, before any bids are actually opened, cancel the
opening of the bids and return all bids unopened.
B -2 -12 Ooeninq proposals:.
The proposals filed with the City Secretary will be opened at the time stated
in the advertisement and publicly read aloud and shall thereafter remain on file
with the City. No contract will be entered into based upon such proposals until
after forty -eight (48) hours shall have elapsed. Proposals not accompanied by
the required proposal guaranty will not be read.
B-2-13 Irrecular Proposals:
Proposals will be considered irregular if they show any omissions, failure to
properly account for duly issued addenda, alterations of form, additions,
conditions not called for, unauthorized alternate bids or irregularities or
qualifications of any kind. However, the City reserves the right to waive any
irregularities and to make the award in the best interest of the City.
B -2 -14 Resection of Proposals:
The City reserves the right to reject any or all proposals, and all proposals
submitted are subject to this reservation. Proposals containing any
irregularities or showing an unbalanced value of any items may be rejected.
Proposals will be rejected for any of the following specific reasons:
(a) Proposal received after the time limit for receiving proposals as
stated in the advertisement.
(b) Proposal submitted without the required bid security.
(c) Proposal submitted and not sealed and /or identifiable to a particular
project.
B -2 -15 Disqualification of Bidders:
Bidders
following
(a)
(b)
(c)
(d)
(e)
(f)
may be disqualified and their proposals not considered for any of the
specific reasons:
Reason for believing collusion exists among the bidders.
Reasonable grounds for believing that any bidder is interested in more
than one proposal for the work contemplated.
The bidder being interested in any litigation against the City.
The bidder being in arrears on any existing contract, having defaulted
on previous contracts, or being delinquent in the payment of City
taxes.
Uncompleted work which, in the judgment of the City, will prevent or
hinder the prompt completion of additional work if awarded.
Previous experience investigation reveals poor, incomplete,
unacceptable, or inferior work performance and prosecution and lack of
fiscal responsibility in paying for services, labor, or products
rendered on such previous work.
B -2 -16 Disclosure of Interests:
All entities desiring to do business with the City of Corpus Christi are
required to provide a Disclosure of Interests. The required form is included as
a part of the proposal. Prospective bidders may submit the form with their
(rev. Nov /94)
PAGE 6 OF 28
proposal. The successful bidder shall be required to submit the form within
seven (7) calendar days of the receipt of bids. The City also reserves the right
to require similar statements from all material suppliers and subcontractors of
the successful bidder.
B-3 AWARD AND EX tuDlON OF CONTRACT:
8-3--1 Consideration of Contract:
After proposals are opened, the proposals will be tabulated for comparison on
the basis of the bid prices and quantities shown in the proposal. Until final
award of the contract, the City reserves the right to reject any or all proposals
or proceed to do the work otherwise in the best interest of the City.
H -3 -2 Award of Contract:
The City reserves the right to withhold the award of the contract for a
reasonable period of time from date of opening proposals, and no award will be
made until after investigations are made as to the responsibilities of the low
bidder. In the City's considering of an award, the bidder may be requested to
submit statements regarding previous experience in performing comparable or
similar work, his business or technical organization and equipment to help the
City evaluate the bidder's abilities. The basis for an award will be determined
by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous
to the City and not necessarily the lowest bidder. In no case will a contract
be awarded until at least forty -eight (48) hours shall have elapsed from the time
of opening proposals.
B -3 -3 Equal Opportunity Employer Provisions:
Every Contractor must agree that during the performance of his contract he
will:
(1) Treat all applicants and employees without discrimination as to race,
color, religion, sex, or national origin.
(2) Identify himself as an equal opportunity employer in all help wanted
advertising or requests.
The Contractor is hereby advised that any complaints filed with the City
alleging that a Contractor is not an equal opportunity employer during the six
months preceding the date of receipt of bids will be referred to the Human
Relations Commission through its Human Relations Administrator for the purpose
of review and recommendations. The report of the Human Relations Commission will
be transmitted to the City Engineer who will include a summary of such report
with any future bid award recommendations for which the Contractor is a bidder
and bring to the attention of the City Council any such report received prior to
the issuance of a work order to any such Contractor. A copy of this report shall
be sent to the Contractor. The Human Relations Administrator will follow up any
such report and bring to the attention of the Commission any further action by
the Contractor which would include that the findings of the Commission should be
modified. Any such modified findings of the Commission will be delivered to the
City Engineer with a copy to the Contractor and be included in any future bid
award recommendations.
The City Council reserves the right to consider such reports in determining the
best bid and to terminate, on the basis of such report, any portion of a contract
for which a work order has not been issued. However, the Contractor is
specifically advised that no equal opportunity employment complaint will be the
basis for cancellation of any contract for which a work order has been issued.
(rev. Nov /94)
PAGE 7 OF 28
B-3-4 Surety Bonds:
With the execution and delivery of the contract, the Contractor shall furnish
and file with the City, in the amounts herein required, the following surety
bonds:
(a) Performance Bond: A good and sufficient bond in an amount equal to one
hundred percent (100%) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
faithful execution of the work and performance of the contract, and for the
protection of the City and all other persons against damage by reason of
negligence of the Contractor, or improper execution of the work, or the use of
inferior materials. This bond shall provide for the repair and maintenance of
all defects due to faulty materials, faulty combinations of materials, and /or
faulty workmanship that appear within a period of one year from the date of
completion and acceptance of the improvement by the City, or such lesser or
greater period as may be designated in the Special Provisions. A Performance
Bond will not be required if the contract amount does not exceed $25,000.00.
(b) Payment Bozd: A good and sufficient bond in an amount equal to one
hundred percent (100 %) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
proper protection of all claimants supplying labor and /or material in the
prosecution of the work provided for in said contract and for the use of each
such claimant. A Payment Bond will not be required if the contract amount does
not exceed $25,000.00.
(c) Other Bonds: Other bonds, if required in the Special Provisions.
No surety will be accepted by the City who is now in default or delinquent on
any bonds or who is interested in any litigation against the City. All bonds
shall be issued by an approved surety company authorized to do business in the
State of Texas and acceptable to the City, and the surety shall designate an
agent who is a resident of Nueces County, Texas. Each bond shall be executed by
the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given the Contractor to that effect, and the Contractor
shall immediately provide a new surety satisfactory to the City. No payment will
be made under the contract until the new surety, or sureties as required, has
qualified and been accepted by the City. The contract shall not be operative nor
will any payments be due or paid until approval of the bonds has been made by the
City.
The City requires that the Power of Attorney submitted with any surety bond
(Performance, Payment, etc.) be signed with an original signature and properly
dated and sealed. In the event a facsimile Power of Attorney is used, the City
must have on file a sworn statement from an officer of the surety company to the
effect that the agent who signs the bond form for the surety is currently in good
standing with the surety. It is also required that the facsimile be a true copy
of the original Power of Attorney on file among the records of the surety in its
home office, not be amended or abridge, still be in full force and effect, and
that the City will be notified in the event of cancellation of the particular
agent.
B-3-5 Execution of Contract:
The person or persons, partnership, company, firm, association, corporation,
or joint venture to whom a contract is awarded shall, within ten (10) calendar
days after such award and after the Contractor has been requested to execute the
documents, sign the required contract, furnish the required insurance
certificates, and execute the required bonds. No contract shall be binding on
the City until it has been attested by the City Secretary, approved as to form
by the City Attorney, executed for the City by the City Manager, and delivered
to the Contractor.
(rev. Nov /94)
PAGE 8 OF 28
B -3 -6 Failure to Execute Contract:
The failure of the bidder to execute the required bonds, furnish the required
insurance certificates, and sign the required contract within ten (10) calendar
days after the contract is awarded and the Contractor has been requested to
execute the documents shall be considered by the City as an abandonment of his
proposal, and the City may annul the award. By reason of the uncertainty of the
market prices of materials and labor and its being impracticable and difficult
to determine accurately the amount of damages accruing the City by reason of the
said bidder's failure to execute said bonds and contract within ten (10) calendar
days, the proposal guaranty accompanying the proposal shall be the agreed amount
of damages which the City will suffer by reason of such failure on part of the
bidder and shall thereupon immediately be forfeited to the City. The filing of
a proposal will be considered an acceptance of this provision.
8-4 SCOPE OF WORK:
8-4 -1 Intent of Plans and Specifications:
The intent of the plans and specifications is to prescribe a complete work or
improvement which the Contractor undertakes to do in full compliance with the
plans, specifications, special provisions, proposal, and contract. The
Contractor shall do all work as provided in the plans, specifications, special
provisions, proposal and contract, and shall do such additional extra work as may
be considered necessary to complete the work in a satisfactory and acceptable
manner. The Contractor shall furnish all labor, tools, material, machinery,
equipment and incidentals necessary for the prosecution of the work.
B -4 -2 Subsidiary Work:
In the course of furnishing or constructing a complete work or improvement,
certain work may be necessary which is subsidiary to the items which are
established as pay items. Some such subsidiary work may be shown and specified
in detail in the plans and specifications, other work may be less completely
shown, and other such work which is entirely necessary for the satisfactory
completion of the work as a whole may not be noted on the plans or in the
specifications. It shall be the duty of the Contractor to carry out all such
subsidiary work as if fully shown, and the cost of such work shall be made
subsidiary to the established pay item.
B -4 -3 Increased or Decreased Quantities of Work:
(a) The City reserves the right to alter the quantities of the work to be
performed or to extend or shorten the improvements at any time when and as found
necessary, and the Contractor shall perform the work as altered. No allowance
will be made for any change in anticipated profits not shall such changes be
considered as waiving or invalidating any conditions or provisions of the
contract or bonds.
(b) A Major Item as used in this Section shall be construed to be any
individual bit item included in the proposal that has a total cost equal to or
greater than five percent (5 %) of the total contract cost computed on the basis
of the proposal quantities and the contract unit prices.
(c) When the quantity of work to be done or of materials to be furnished under
any Major Item of the contract is more than one hundred twenty -five (125 %) of the
quantity of that unit stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on that portion of the
work above one hundred twenty -five percent (125 %) of the quantity stated in the
proposal.
(d) When the quantity of work done or materials to be furnished under any
Major Item of the contract is less than seventy -five percent (75 %) of the
quantity of that item stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on the work performed.
(rev. Nov /94)
PAGE 9 OF 28
(e) Any revised consideration is to be determined by special agreement or as
is hereinafter provided under "Payment for Extra Work ".
B -4.4 Alteration of Plans and Specifications:
The City reserves the right to make such changes in the plans and
specifications and in the character of the work as may be necessary or desirable
to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general
nature of the work as a whole. Such changes shall not be considered as waiving
or invalidating any condition or provision of the contract and bonds.
B -4 -5 Value Engineering Incentive Procedures:
After the award of the contract, the Contractor may develop and submit, to the
City Engineer, Value Engineering Change Proposals (VECP's) identifying potential
reductions in the contract cost by effective changes to the contract plans and
specifications. Any VECP submittal shall include the following:
(I) The present contract requirement and description of the proposal change
including any modifications to the plans and specifications.
(2) The comparative advantages and disadvantages of both the present
requirement and the proposed change.
(3) An analysis of how the proposed change will alter the function,
characteristics and /or performance of a component.
(4) A separate detailed cost estimate comparing the cost of the existing
requirement and the cost of the proposed change including any costs which might
be incurred in testing or evaluation of the proposed change.
(5) A comparative projection of the operational and maintenance costs of the
existing requirement and the proposed change.
(6) A projection of the latest date which the VECP can be incorporated into
the contract to achieve maximum cost savings. Any effect upon completion time
or delivery schedule should also be noted.
The City Engineer shall notify the Contractor of the status of the VECP within
thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City
Engineer shall be final. If the VECP is not accepted, written notification will
be provided detailing the reasons for rejection. Any VECP may be accepted in
whole or in part.
Execution by both parties of a change order to the contract covering the
proposed changes shall constitute approval of the VECP and authorization to
proceed with the changes. Until such time as the change order is executed, the
Contractor shall perform in accordance with the provisions of the existing
contract.
The Contractor's share of the savings resulting from approval of the VECP shall
be fifty percent (50 %) of the net cost savings calculated as follows:
Contractor's Share = .50 (existing contract requirement cost - proposed change
costs - testing and evaluation costs incurred by the City or Contractor).
This savings will be reflected on the change order approving the VECP and
authorizing the change. Deletion of contract work or construction items and
changes initiated by the City will not be considered as VECP's. In those
instances, the City will realize 100% of the contract reduction or cost savings.
(rev. Nov /94)
PAGE 10 OF 28
B-4 -6 Extra Work:
When additional work not shown in the plans and specifications or reasonably
inferred as subsidiary work or as normal adaptation to existing conditions is
required, the Contractor shall do such work when ordered in writing by the
Engineer. Payment for such extra work will be made as hereinafter provided.
B -5 CONTROL OP THE WORK AND MATERIALS:
B -5 -1 Authority of the City Engineer:
All work shall be performed under the supervision of the City Engineer in a
workmanlike manner and to his satisfaction. He shall decide all questions which
arise as to the quality and acceptability of materials furnished, work performed,
manner of performance, rate of progress of the work, sequence of the
construction, interpretation of the plans and specifications, acceptable
fulfillment of the contract, compensation,mutual rights between Contractors under
these specifications and suspension of the work. He shall determine the amount
and quality of the work performed and materials furnished, and his decisions and
estimates shall be final. His estimate in such event shall be a condition
precedent to the right of the Contractor to receive money due him under the
contract.
B -5 -2 Authority and Duty of Engineers or Inspectors:
The City Engineer may appoint Engineers and /or Inspectors as assistants to
inspect all work done and material furnished. Such inspection may extend to all
or any part of the work and to the preparation, fabrication or manufacture of the
materials to be used. The Engineer or Inspector will not be authorized to
revoke, alter, expand, relax, or waive any requirements of the contract
documents. The Engineer or Inspector will keep a record of the progress of the
work and the manner in which it is being performed and inform the City Engineer
of same. He is authorized to call to the attention of the Contractor any
deficiency of the work or of materials to conform to the contract documents;
however, failure to do so shall not constitute acceptance of said work. The
Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed was in accordance with the
requirements and intent of the plans and specifications.
The Engineer or Inspector shall in no case act as foreman or supervisor or
perform other duties for the Contractor nor interfere with the management of the
work by the latter. Any advice which the Engineer or Inspector may give the
Contractor shall in no way be construed as binding to the City or release the
Contractor from fulfilling all the terms of the contract.
The Engineer or Inspector shall have the authority to reject materials or
suspend the work until any questions at issue can be referred to and decided by
the City Engineer. If the Contractor refuses to suspend operations on verbal
order, the Engineer or Inspector shall issue a written order giving the reason
for suspending the work. After delivering the order to the person in charge, the
Engineer or Inspector shall immediately leave the job site. Work done during the
absence of the Engineer or Inspector under these circumstances will not be
accepted or paid for.
B -5 -3 Conformity with Plans•
All work shall conform to the lines, grades, cross - sections, and dimensions
shown on the plans. Any deviation from the plans which may be required by the
exigencies of construction will be determined by the City Engineer and authorized
by him in writing.
B -5 -4 Existing Structures:
The plans show the location of all known surface and subsurface structures.
However, the location of many gas mains, water mains, conduits, sewers, etc. is
(rev. Nov /94)
PAGE 11 OF 28
unknown, and the City assumes no responsibility for failure to shown any or all
of these structures on the plans or to show them in their exact location. It is
mutually agreed such failure will not be considered sufficient basis for claims
for additional compensation for extra work in any manner whatsoever unless the
obstruction encountered is such as to necessitate substantial changes in the
lines or grades or requires the building of special work for which no provision
is made in the plans and which is not essentially subsidiary to some item of work
for which provision is made. It is assumed that, as elsewhere provided, the
Contractor has thoroughly inspected the site, is informed as to the correct
location of surface structures, has included the cost of such incidental work in
the prices bid, and has considered and allowed for all foreseeable incidental
work due to variable subsurface conditions, whether such conditions and such work
are fully and properly described on the plans or not. Minor changes and
variations of the work specified and shown on the plans shall be expected by the
Contractor and allowed for as incidental to the satisfactory completion of a
whole and functioning work or improvement.
B -5 -5 Coordination of Plans, Specifications. Proposal and Special Provisions:
The plans, general provisions, proposal, special provisions, standard
specifications and all supplemental documents are intended to describe a complete
work and are essential parts of the contract. A requirement occurring in any of
them is binding. In case of discrepancies, figured dimensions shall govern over
scale dimensions; plans shall govern over specifications; special provisions
shall govern over both general and standard specifications; and plans and
quantities shown on the plans shall govern over those shown in the proposal. The
Contractor shall not take advantage of any apparent error or omission in the
plans and specifications, and the City Engineer shall be permitted to make such
corrections or interpretations as may be deemed necessary for the fulfillment of
the intent of the plans and specifications. In the event the Contractor discovers
an apparent error or discrepancy, he shall immediately call this to the attention
of the Engineer.
B -S -6 Cooperation of Contractor:,
The Contractor will be supplied with three (3) copies of the plans and
specifications. The Contractor shall have available on the work at all times one
copy of said plans and specifications. The Contractor shall give to the work the
consistent attention necessary to facilitate the progress thereof, and he shall
cooperate with the City Engineer, his authorized representatives, and with other
contractors in every way possible. The Contractor shall provide a competent
superintendent on the work at all times who is fully authorized as his agent on
the work. Such superintendent shall be capable of reading and understanding the
plans and specifications and shall receive and fulfill instructions from the City
Engineer or his authorized representatives. The Contractor shall provide all
facilities to enable the Engineer or Inspector to inspect the workmanship and
materials entering into the work. On marine work, the Contractor shall furnish
motorboat transportation as required by the Engineer for the purpose of
inspecting the work. The superintendent shall keep the City Engineer or his
representative informed of the work he is planning to do and the work schedule.
E -5 -7 Construction Staking:
The Engineer will furnish the Contractor with lines, grades, and measurements
necessary for the proper prosection and control of the work contracted for under
these specifications. Such stakes or markings as the Engineer may establish
either for his own use or the Contractor's guidance shall be preserved by the
Contractor until authorized by the Engineer to remove same. Unnecessary
destruction of stakes shall not be allowed by the Contractor. The Contractor
shall be bound to examine the stakes set and check the lines and grades thus set
against the plans and profiles, and shall be accountable particularly that
gutters, structures, and pipes which drain in a certain direction on the plans
do so drain when constructed.
(rev. Nov /94)
PAGE 12 OF 28
B -5 -8 Source of Supply of Materials:
The materials shall be the best procurable as required by the plans,
specifications, and special provisions. The Contractor shall not start delivery
of materials until the Engineer has approved the source of supply. Only material
conforming to these specifications shall be used, only after written approval has
been given by the Engineer, and only so long as the quality of said materials
remains equal to the requirements of the specifications. The Contractor shall
furnish approved materials from other sources if for any reason the product from
any source at any time before commencement or during the prosecution of the work
proves unacceptable. After approval, any material which has become mixed with
or coated with dirt or any other foreign substances during its delivery and
handling will not be permitted to be used in the work. New material is required
unless otherwise specially provided in the plans and specifications.
p -5 -9 Samples and Tests of Materials:
Where, in the opinion of the Engineer or as called for in the specifications,
tests of material are necessary, such tests will be made at the expense of the
City unless otherwise provided. The failure of the City to make any tests of
materials shall in no way relieve the Contractor of his responsibility of
furnishing materials conforming to the specifications. Tests, unless otherwise
specified, will be made in accordance with the latest methods of the American
Society for Testing Materials. The Contractor shall provide such facilities as
the Engineer may require for collecting and forwarding samples and shall not use
the materials represented by the samples until tests have been made. The
Contractor shall furnish adequate samples without charge.
B -5 -10 "Or Ravel" Clause:
All bids shall be based on the specified products. Where two or more products
are specified for an item of work, either one thereof is acceptable and the
choice is left to the Contractor. Where only one product is specified, and where
the term "or approved equal "or similar wording is used in connection with
specified products, the Contractor may, if he so desires, offer for consideration
a substitute product which he judges to be equal in every respect to the required
product. When a specific process is specified as well as a guarantee of the
results, the Contractor shall, if in his judgement the process may not produce
the required result, offer for approval an alternative process which he would
guarantee. All such offers shall be made in writing to the Engineer after award
of contract.
The Contractor shall furnish to the Engineer with the first submittal
sufficient drawings, specifications, samples, performance data, and other
information necessary to assist the Engineer in determining whether the proposed
substitution is acceptable. The burden of proof shall be upon the Contractor.
No consideration will be given to incomplete submittals. Substitutions must be
approved in writing before they may be used.
8 -5 -11 Storage of Materials:
Materials shall be stored so as to insure the preservation of their quality and
fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard, clean surfaces and not on the ground, and shall
be placed under cover when directed. Stored materials shall be placed and
located so as to facilitate prompt inspection. Particular attention is directed
to the storage or structural steel and reinforcing steel, which shall not be
stored on the ground.
B -5 -12 Removal of Defective and Unauthorized Work:
All work which has been rejected or condemned shall be repaired, or if it
cannot be repaired satisfactorily, it shall be removed and replaced at the
Contractor's expense. Defective materials shall be immediately remove from the
site of the work. Work done without line and grade having been given, work done
(rev. Nov /94)
PAGE 13 OF 28
beyond the lines or not in conformity with the grades shown on the plans or as
given, save as herein provided, work done without proper inspection, or any extra
or unclassified work done without written authority and prior agreement in
writing as to prices shall be done at the Contractor's risk and will be
considered unauthorized and, at the option of the Engineer, may not be measured
and paid for and may be ordered removed at the Contractor's expense. Upon
failure of the Contractor to repair satisfactorily or to remove and replace
rejected, unauthorized, or condemned work or materials immediately after
receiving notice from the Engineer, the Engineer will, after giving written
notice to the Contractor, have the authority to cause defective work to be
remedied or removed and replaced or to cause unauthorized work to be removed, and
to deduct the cost thereof from any monies due or to become due the Contractor.
B -5 -13 Final Inspection:
The Engineer will make final inspection of all work included in the contract
as soon as practicable after the work is completed and ready for acceptance. If
the work is not acceptable to the Engineer at the time of such inspection, he
will inform the Contractor as to the particular defects to be remedied before
final acceptance will be made. Previous inspection by the Engineer or his
representatives during the course of the work shall not be interpreted as
approval or acceptance of work or materials which on final inspection are found
to be defective or note in accordance with the contract and its duly authorized
modifications.
B -5 -14 Warranty Inspection:
Forty -five (45) to sixty (60) days prior to the expiration of the maintenance
guaranty period as specified in the contract documents, a warranty inspection
will be made. The Contractor may be notified when this examination will be made
so that he or his representatives may be present.
Within the maintenance guaranty period, the Contractor when ordered by the
Engineer, shall repair, replace or rebuild such portions which are found to be
faulty because of materials or workmanship. The Contractor shall begin the
remedial work within ten (10) calendar days of written order by the Engineer.
In case the Contractor does not start remedial work within the above time limit,
or in case of an emergency condition caused by faulty work, the City may take
remedial action and charge the cost thereof against the Contractor and /or his
surety.
B -6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY:
B -6 -1 Laws to be Observed:
The Contractor shall at all times observe and comply with all Federal and State
Laws and City ordinances and regulations which in any manner affect the conduct
of the work and shall observe and comply with all orders,laws, ordinances and
regulations which exist or which may be enacted later by bodies having
jurisdiction or authority for such enactment. No pleas of misunderstanding or
ignorance thereof will be considered. The Contractor and his surety shall
indemnify and save harmless the City and all its officials, agents, and employees
against any claims or liability arising from or based on the violation of any
such law, ordinance, regulation or order, whether by himself or his employees.
B -6 -2 Permits and Licenses:
The Contractor shall procure all legally required building, plumbing,
electrical and other permits and licenses, pay all charges and fees (except City
fees), give all notices necessary and incidental to the due and lawful
prosecution of the work, and arrange for all building, plumbing, electrical or
other inspections as appropriate.
(rev. Nov /94)
PAGE 14 OF 28
B -6 -3 Patented Devices. Materials and Processes:
If the Contractor is required or desires to use any design, device, material
or process covered by letters, patent or copyright, he shall provide for such use
by suitable legal agreement with the patentee or owner. It is mutually agreed and
understood that, without exception, contract prices shall include all royalties
or costs arising from patents, trademarks and copyrights in any way involved in
the work. The Contractor and his sureties shall indemnify and save harmless the
City from any and all claims for infringement by reason of the use of any such
patented design, device, material or process or any trademark or copyright in
connection with the work agreed to be performed under this contract and shall
indemnify the City for any cost, expense, or damage which it may be obliged to
pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
B -6 -4 Sanitary Provisions:
The Contractor shall establish and enforce among his employees such regulations
in regard to cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infection or contagious diseases and to
prevent effectively the creation of a nuisance about the work or any property
either public or private, and such regulations as are required by the Engineer
shall be put into immediate force and effect by the Contractor. The necessary
sanitary conveniences for the use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as will be approved by the Engineer, and their use
shall be strictly enforced by the Contractor. All sanitary laws and regulations
of the State of Texas and the City of Corpus Christi shall be strictly complied
with.
B -6 -5 Public Convenience and Safety:
Materials stored about the work shall be so placed and the work shall at all
times be so conducted as to cause no greater obstruction to the traveling public
than is considered necessary by the Engineer. The Contractor shall, upon
direction of the Engineer, make provisions by bridges or otherwise at sidewalks
and private driveways for the free passage of pedestrians and vehicles provided
that, where bridging is impracticable or unnecessary in the opinion of the
Engineer, the Contractor may make arrangements satisfactory to the Engineer for
the diversion of traffic and shall, at his own expense, provide all material and
perform all work necessary for the construction and maintenance of roadways and
bridges. Sidewalks must not be obstructed except by special permission of the
Engineer. The materials excavated and the construction materials or plant used
in the construction of the work shall be placed so as not to endanger the work
or prevent free access to all fire hydrants, water valves, gas valves, manholes
for telephone, telegraph, signal or electric conduits, sanitary or storm
sewers,and fire alarm or police call boxes in the vicinity.
The City reserves the right to remedy any neglect on the part of the Contractor
as regards the public convenience and safety which may come to its attention
after twenty -four hours notice in writing to the Contractor except in case of
emergency when it shall have the right to remedy any neglect without notice, and
in either case,the cost of such work done by the City shall be deducted from
monies due or to become due the Contractor. The Contractor shall notify the Fire
and Police Division Headquarters when any street is closed or obstructed. Where
the Contractor is required to construct temporary bridges or make other
arrangements for crossings over ditches or streams, his responsibility for
accidents shall include the roadway approaches as well as the structures of such
crossings. The Contractor shall mark all detours as directed by the Engineer so
that the entire route of the detour is designated, such markings to be by neat
and workmanlike signs large enough and so painted and so placed as to be clearly
visible.
(rev. Nov /94)
PAGE 15 OF 2B
8 -6 -6 Privileges of Contractor in streets. Al.evs and Right -of -Way:
For the performance of the contract, the Contractor will be permitted to occupy
such portions of streets or alleys.or other public places or other right -of -way,
as provided for in the ordinances. of the City, as shown on the plans or as
permitted by the Engineer. A reasonable amount of tools, materials and equipment
for construction purposes may be stored in such space but not more than is
necessary to avoid delay in the construction. Excavation and waste materials
shall be piled or stacked in such a way as not to interfere with spaces that may
be designated to be left free and unobstructed. Other Contractors of the City
may, for all purposes be required by their contracts, enter upon the work and
premises used by the Contractor, and the Contractor shall give to other
contractors of the City all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
B -6 -7 Railway Crossings:
Where the work encroaches upon any right -of -way of any railway, the City will
secure the necessary easement for the work. Where railway tracks are to be
crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing the work or precautions for safety of
property and the public. All negotiations with the railway company, except for
right -of -way, shall be made by the Contractor. The railway company shall be
notified by the Contractor not less than five (5) days previous to time of his
intentions to begin the work. The Contractor will not be paid direct
compensation for such railway crossing but shall receive only the compensation
for such railway crossing as set out in the proposal.
B -6 -8 Traffic Control Devices:
Where the Contractor's operations are carried on in or adjacent to any public
right -of -way or public place and which, in the opinion of the City Engineer,
interferes with normal vehicular and pedestrian traffic, the Contractor shall
take appropriate measures to protect persons, property and the work. Such
measures shall include but not be limited to barricades, lights, signs, fences,
flagmen, and watchmen. Such measures shall be taken to exclude or route
pedestrian and vehicular traffic around the work and area of operations.
Barricades,lights, signs and flagmen shall be utilized in accordance with the
Uniform Barricading Standards and Practices as adopted by the City.
The Contractor shall be responsible for all damages to persons, property and
the work occasioned by his operations and said responsibility shall not cease
until the project has been accepted by the City.
B -6 -9 tree of Explosives:
Should the Contractor elect to use explosives in the prosecution of the work,
the utmost care shall be exercised so as not to endanger life or property. The
City shall not be held liable for damages done by the Contractor in the use of
explosives. The Contractor shall notify the proper representatives of any public
service corporation, any company or any individual not less than eight (8) hours
in advance of the use of explosives which might damage or endanger their or his
property along or adjacent to the work. Wherever explosives are stored or kept,
they shall be stored in a safe and secure manner, and all storage places shall
be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a
competent watchmen at all times.
B -6 -10 Protection and Restoration of Property:
Where the work passes over or through private property, the City will provide
such right -of -way. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner. The
Contractor shall be responsible for the preservation of and shall use every
precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
(rev. Nov /94)
PAGE 16 OF 28
culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and
gas lines; to all conduits, to all overhead pole linen, or appurtenances thereof;
and to all other public and private property along or adjacent to the work. The
Contractor shall be responsible for all damage or injury to the property of any
character resulting from any act, omission, neglect or misconduct in the
execution of the work or in consequence of the non - execution thereof on the part
of the Contractor, he shall restore or have restored at his own cost and expense
such property to a condition similar to equal to that existing before such damage
or injury was done by repairing, rebuilding or otherwise restoring as may be
directed, or he shall made good such damage from injury in a manner acceptable
to the owner or the Engineer. In case of failure on the part of the Contractor
to restore such property or to make good such damage or injury, the Engineer may,
after forty -eight (48) hours written notice under ordinary circumstances, and
without notice when a nuisance or hazardous condition results, proceed to repair,
rebuild or otherwise restore such property as may be determined necessary, and
the cost thereof will be deducted from any monies due or to become due the
Contractor under his contract.
B -6 -11 Responsibility for Damage Claims:
The Contractor shall not commence work under this contract until he has
obtained all insurance required herein and such insurance has been approved by
the City. The Contractor shall not allow any subcontractor(s) to commence work
until all similar insurance required of the subcontractor(s) has been so
obtained.
Within ten (10) calendar days after the date the City requests that the
Contractor sign the contract documents, the Contractor shall furnish the City
with certificates of insurance evidencing that the Contractor has obtained
insurance coverage of the types more particularly described below in parts (a)
through (e) of this section. (For self- insured workers' compensation coverage,
other documents, specified hereafter, may be substituted for the certificate of
insurance just described). The workers' compensation insurance policy need not
list the City as an additional insured. Additionally, All certificates of
insurance shall state the name of the project in the "Description of Operations"
section of such certificate. These certificates and any subsequent insurance
certificates in connection with this particular contract shall be delivered to
the offices of the City Engineer. The Certificates of Insurance shall state that
ten (10) days written notice will be given the City before any policy covered
thereby is changed or canceled and shall shown the following minimum coverage in
an insurance company acceptable to the City. The City reserves the right to
modify minimum limits based upon the nature and scope of the work. The
Contractor agrees to comply with the Supplemental Insurance Requirements stated
in the "Special Provisions" section of this contract.
(a) General Liability, including Commercial General Form; Premises -
Operations; Explosion & Collapse Hazard; Underground Hazard; Products /Completed
Operations Hazard; Contractual Insurance, with an endorsement on the face of the
certificate that it includes the "Hold Harmless" in the last paragraph of this
provision; Broad Form Property Damage; Independent Contractors; and Personal
Injury:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Death $300,000 Per Person
Bodily Injury and Consequent Death $500,000 Each Occurrence
Property Damage $100,000 Each Occurrence
(b) Automobile Liability - Owned, Nonowner or Rented:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Death $100,000 Per Person
Bodily Injury and Consequent Death $300,000 Each Occurrence
Property Damage $100,000 Each Occurrence
(rev. Nov /94)
PAGE 17 OF 28
(c) Workers' Compensation and Occupational Diseases:
The Contractor shall obtain worker's compensation insurance coverage through
a licensed insurance company or through self - insurance obtained in accordance
with Texas law. If such coverage is obtained through a licensed insurance
company, then the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self- insurance, then within ten (10)
calendar days after the date the City requests that the Contractor sign the
contract documents, the Contractor shall provide the City with a copy of its
certificate of authority to self- insure its workers' compensation coverage as
well as a letter, signed by the Contractor, stating that the certificate of
authority to self - insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the
City, such certificate of authority to self - insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate,
then the Contractor shall immediately provide written notice of such facts to the
City, by certified mail, return receipt requested directed to: City of Corpus
Christi, Department of Engineering Services, F.O. Box 9277, Corpus Christi, Texas
78469 - Attention: Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must be in an
amount sufficient to assure that all worker' compensation obligations incurred
by the Contractor will be promptly met.
(d) Employer's Liability:
Minimum Insurance Coverage - V.00,000 Per Person
(e) Builder's Risk Insurance Coverage:
Contractor will be responsible for providing builder's risk insurance
coverage for the term of the contract up to and including the date the City
finally accepts the project or work. Builder's risk coverage shall be an "All
Risk" form. The policy shall be a completed value form. The Contractor shall
provide such builder's risk coverage as indicated in the Special Provisions,
which is estimated to be the value at completion of the real or personal property
to be constructed, repaired or otherwise improved under the contract.
Contractor shall be responsible for paying all costs necessary to procure
such builder's risk insurance coverage, including any deductible. The City shall
be named an additional insured on any policies providing such insurance coverage.
In the event of accidents of any kind, the Contractor shall furnish the City
with copies of all reports such accidents at the same time that the reports are
forwarded to any other interested parties. It shall be the Contractor's primary
responsibility for immediately notifying the carriers of any or all insurance
under this contract in the event of a known loss or claim presented to the
Contractor by the City or a third party.
Contractor agrees to indemnify, save harmless and defend the City, its
agents, servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorneys' fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or any
damage to any property, which may arise or which may be alleged to have arisen
out of or in connection with the work covered by this contract. The foregoing
indemnity shall apply except if such injury, death or damage is caused directly
by the negligence or other fault of the City, its agents, servants, or employees
or any other person indemnified hereunder.
(rev. Nov /94)
PAGE 18 OF 28
B -6 -12 Contractor's Claim for Damages:
Should the Contractor claim compensation for any alleged damage by reason of
the acts or omissions of the City, he shall, within three (3) days after
sustaining such alleged damage, make a written statement to the City Engineer,
setting out in detail the nature of the alleged damage; and on or before the
twenty -fifth (25th) day of the month succeeding that in which any such damage is
claimed to have been sustained, the Contractor shall file with the City Engineer
an itemized statement of the details and amount of such alleged damage and upon
request, shall give the City Engineer access to all books of accounts, receipts,
vouchers, bills of lading and other books or papers containing any evidence as
to the amount or such alleged damage. Unless such statements shall be filed as
hereinabove required, the Contractor's claim for compensation shall be waived and
he shall not be entitled to payment on account of such damage.
B -6 -13 Public Utilities and Other Property to b Changed:
In case it is necessary to change or move, the property shall not be moved
or interfered with until ordered to do so by the Engineer, unless the plans or
specifications show that such work is to be done by the Contractor. The right
is reserved to the owner of public utilities to enter upon the limits of the
contract for the purpose of making such changes or repairs of their property that
may be necessary by performance of the contract. The City reserves the right of
entering upon the limits of the contract for the purpose of repairing or relaying
sewer, gas and water lines and appurtenances, repairing structures, etc., and
making other repairs, changes or extensions to any City property.
B -6 -14 Temporary Sewer and Drain Connections:
When existing sewers have to be taken up or removed, the Contractor shall,
at his cost and expense, provide and maintain temporary outlets and connections
for all private or public drains or sewers. The Contractor shall also take care
of all sewage and drainage which will be received from these drains and sewers;
and for this purpose, he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor, at his
own expense, shall construct such troughs, pipes or other structures necessary
and be prepared at all times to dispose of drainage and sewage received from
these temporary connections until such time as the permanent connections are
built and in service. The existing sewers and connections shall be kept in
service and maintained under the contract except where specified or ordered to
be abandoned by the Engineer. All water or sewage shall be disposed of in a
satisfactory manner so that no nuisance is created and so that the work under
construction will adequately be protected.
B -6 -3.5 .Arrangement and Charge for Water Furnished by the City:
Where the Contractor desires to use City water in connection with any
construction work, he shall make complete and satisfactory arrangements with the
City of Corpus Christi, Department of Public Utilities for so doing. However,
this in no way obligates the City to provide water.
B -6 -16 Use of Fire Hydrants:
No person shall open, turn off, interfere with, attach any pipe or hose to,
or connect anything with any fire hydrant, stop valve or stop cock, or tap and
water main belonging to the City unless duly authorized to do so by the City of
Corpus Christi, Water Division Superintendent.
B-6 -17 Use of a Section or Portion of the Work:
Wherever, in the opinion of the Engineer, any section or portion of the work
or any structure is in suitable condition, it may be put into use upon the
written order of the Engineer, and such usage shall not be held to be in any way
an acceptance of said work or structure or any part thereof or as a waiver of any
of the provisions of these specifications or the contract pending final
(rev. Nov /94)
PAGE 19 OF 213
completion and acceptance of the work; all necessary repairs and removals of any
section of the work so put into use, due to defective materials or workmanship
or to operations of the Contractor, shall be performed by the Contractor at his
own cost and expense.
B -6 -18 Senarat,p Contracts:
The City reserves the right to make essential installation of items not
included in the contract prior to acceptance of the project from the Contractor.
Within this right, the City may let other contracts or may do such work with its
own materials and labor forces. The City, in reserving this right, warrants that
it will cooperate with the Contractor's forces and goals. The Contractor shall
not commit or permit any act which will interfere with the performance of work
by any other contractor or company or by City employees. The Contractor shall
cooperate to the end that the City may realize a complete functioning of the
project on the date of Final Acceptance.
B -6 -19 Contractor's Responsibility for the Work:
Until written acceptance by the Engineer, as provided for in these
specifications, the work shall be under the charge and care of the Contractor,
and he shall take every necessary precaution to prevent injury or damage to the
work or any part thereof by action of the elements or from any other cause
whatsoever, whether arising from the execution or non- execution of the work. The
Contractor shall rebuild, repair, restore and make good, at his own cost and
expense, all injuries or damages to any portion of the work occasioned by any of
the hereinabove causes.
B -6 -20 No Waiver of Legal Right:
Inspection by the Engineer, any order, measurement, quantity or certificate
by the Engineer; any order by the City for payment of money; any payment for or
acceptance of any work; or any extension of time; or any possession taken by the
City shall not operate as a waiver of any provisions of the contract or any power
therein reserved to the City of any rights or damages therein provided. Any
waiver of any breach of contract shall not be held to be waiver of any other or
subsequent breach. The City reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to adjust the same to meet
the requirements of the contract and specifications. The City reserves the right
to claim and recover by process of law sums as may be sufficient to correct any
error or make good any deficiency in the work resulting from such error,
dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by
the Contractor or his agents and the Engineer or his assistants, discovered in
the work after the final payment has been made.
B -6 -21 Indemnification and Hold Harmless:
The Contractor shall hold the City, its officials, employees, attorneys, and
agents harmless and shall indemnify the City, its officials, employees,
attorneys, and agents from any and all damages, injury, or liability whatsoever
from an act or omission of the Contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants, or any work
done under the contract or in connection therewith by the Contractor, or any
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants, or the operations or activities of the Contractor or any
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants.
B -6 -22 Tax Exemption Provision:
Contracts awarded by the City of Corpus Christi qualify for exemption
pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise
and Use Tax Act.
(rev. Nov /94)
PAGE 20 OF 28
The Contractor performing this contract may purchase, rent or lease all
materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate complying with State Comptroller's Ruling #95 -0.07.
Any such exemption certificate issued by the contractor in lieu of the tax shall
be subject to the provisions of the State Comptroller's Ruling #95 -0.09 as
amended to be effective October 2, 1968.
B -7 PROSECUTION AND PROGRESS:
B -7 -1 Sublettnq the Work:
The Contractor shall perform with his own organization and with the
assistance of workmen under his immediate superintendence, work of a value not
less than fifty percent (50%) of the value of all work embraced in the contract
exclusive of items not commonly found in contracts for similar work or which
require highly - specialized knowledge, craftsmanship and /or equipment not
ordinarily available in the organizations of Contractors performing work of the
character embraced in the contract. No portion of the work covered by these
specifications and contract, except contracts for purchase and delivery of
materials, shall be sublet without written permission of the City. If the
Contractor sublets any part of the work to be done under his contract, he will
not, under any circumstances, be relieved of his responsibility and obligations.
All transactions of the Engineer will be with the Contractor. Subcontractors
will be considered only in the capacity of employees and /or workmen and shall be
subject to the same requirements as to character, competency, wages and hours.
The City will not recognize any subcontractor on the work. The Contractor shall,
at all times when the work is in operation, be represented either in person or
by a qualified superintendent or other designated representative.
B -7 -2 Assioent of Contract:
The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract or his right, title or interest in or to the same, or any part thereof,
without the previous consent of the City Council and concurred in by the
sureties. If the Contractor does without such previous consent assign, transfer,
convey or otherwise dispose of the contract or of his rights, title or interest
therein, or any part thereof to any persons, partnership, company, firm or
corporation, or by bankruptcy, voluntary or involuntary, or by assignment under
the insolvency laws of any state, attempt to dispose of the contract or make
default in or abandon said contract, then the contract may, at the option of the
City, be revoked or annulled, unless the sureties shall successfully complete
said contract; and any monies due or to become due under said contract shall be
retained by the City as liquidated damages for the reason that it would be
impracticable and extremely difficult to fix the actual damages.
B -7 -3 Prosecution of the Work:
Prior to beginning construction operations, the Contractor shall submit to
the Engineer a chart or brief of his work schedule outlining the manner and
sequence of prosecution of the work that he intends to follow in order to
complete the contract within the allotted time. Whenever, during the course of
the work, this planned sequence and /or method must be revised, such revision
shall be submitted in writing to the Engineer.
The Contractor shall begin the work to be performed under this contract
within the time limit stated in the Agreement and shall conduct the work in such
a manner and with sufficient equipment, materials and labor as is necessary to
insure its completion within the time limit. The sequence of all construction
operations shall be at all times as directed be or approver by the Engineer.
Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance of the contract. Should the
prosecution of the work be discontinued by the Contractor, he shall notify the
Engineer at least twenty -four (24) hours in advance of resuming operations.
(rev. Nov /94)
PAGE 21 OF 28
B -7 -4 Limitation of Operations:
The work shall be so conducted as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor
has obstructed or closes or is carrying on operations on a greater portion of the
street or public way than is necessary for the proper execution of the work, the
Engineer may require the Contractor to finish the sections on which work is in
progress before operations are started on any additional section.
B -7 -5 Character of Workmen and Equinanent:
Local labor shall be used by the Contractor if available. The Contractor may
bring in from outside the City his key employees and superintendent. All other
employees, including equipment operators, may be imported only after the local
supply is exhausted.
The Contractor shall employ such superintendents, foremen, and workmen as are
careful and competent and the Engineer may demand the dismissal of any person or
persons employed by the Contractor in, about or on the work who shall misconduct
himself or be incompetent or negligent in the proper performance of his or their
duties or neglect or refuse to comply with the directions of the Engineer, and
such person or persons shall not be employed thereon again without the written
consent of the Engineer. All workmen shall have sufficient skill and experience
to perform properly the work assigned them. The Contractor shall furnish such
equipment as is considered necessary for the prosecution of the work in an
acceptable manner and at a satisfactory rate of progress. All equipment, tools
and machinery used for handling materials and executing any part of the work
shall be subject to the approval of the Engineer and shall be maintained in a
satisfactory working condition. Equipment on any portion of the work shall be
such that no injury to the work or adjacent property will result from its use.
B -7 -6 Working Hours:
Work shall be done only during the regular and commonly accepted and
prescribed working hours. No work on any unit of this contract shall be
performed before 7 a.m., or after 6 p.m., or on Sunday, or on a regular holiday
as listed in the definitions, unless special permission is given in writing by
the Engineer. Excepted from the preceding shall be the setting of flashers,
maintenance of barricades, wetting of concrete curing mats, and such measures as
the Contractor must take to protect life and property, as are of an emergency
nature and not merely extensions of the regular working day. Attention is
directed to the definition for contract time.
8 -7 -7 Time of Commencement and Completion:
The Contractor shall commence the work within the time specified, and the
rate of progress shall be such that the whole work will be performed and the
premises cleaned up in accordance with the contract, plans and specifications
within the time limit specified in the contract unless an extension of time be
made in the manner hereinafter specified.
8 -7 -8 Extension of Time of Completion}:
The .Contractor shall be entitled to an extension of time as provided herein
only when claim for such extension is submitted to the City in writing by the
Contractor within seven (7) days from and after the time when any alleged cause
of delay shall occur, and then only when such claim is approved by the City. In
adjusting the contract time for the completion of the project, unforeseeable
cause beyond the control and without the fault or negligence of the Contractor,
including but not restricted to inability to obtain supplies and materials, acts
of God, or the public enemy, acts of the owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, unusually severe weather
conditions (weather which is beyond the normal weather recorded and expected for
the season or seasons of the year in the records of the National Oceanic and
Atmospheric Administration's Climatic Data Center), or delays of subcontractors
(rev. Nov /94)
PAGE 22 OF 28
due to such causes; all provided that actual stoppage of work ensues and no fault
of the Contractor is involved.
If the satisfactory execution and completion of the contract should require
work and materials in a greater amount, or quantities, than those set forth in
the contract, then the contract time shall automatically be increased the same
proportion as the cost of the additional work bears to the cost of the original
work contracted for. No allowance will be made for delays or suspension of the
prosecution of the work due to the fault of the Contractor.
B -7 -9 Computation of Contract Time for Completion:
For the purpose of computation, the contract time shall begin with the tenth
(10th) calendar day after the date of the written authorization by the City
Engineer to begin work, or such earlier date as work, other than the delivery of
materials, is actually commenced.
The Engineer shall furnish the Contractor a monthly statement showing the
days (calendar or working) charged during the month. If no protest as to the
correctness of the statement is filed within seven (7) days by the Contractor,
the statement will stand.
Contract time shall be charged as described under the definition thereof.
8-7 -10 Failure to Complete on Time:
The time of completion is the essence of the contract. For each day
(calendar or working) that any work shall remain uncompleted after the time
specified in the time specified in the proposal and contract, or the increased
time granted by the City, or as automatically increased by additional work or
materials ordered after the contract is signed, a sum per day will be deducted
from the monies due the Contractor, not as a penalty but as liquidated damages.
This sum of liquidated damages per day will be as shown in the special
provisions, proposal or elsewhere in the contract documents.
The sum of money thus deducted for such delay, or noncompletion is not to be
considered as a penalty but shall be deemed, taken and treated as reasonable
liquidated damages since it would be impracticable and extremely difficult to fix
the actual damages, with such sums of money to be deducted from Contractor's
monies at the time or times such damages begin to occur, thence to the completion
of construction.
B -7 -11 Suspension by Court Order:
The Contractor shall suspend such part or parts of the work ordered by the
Court, and will not be entitled to additional compensation by virtue of such
Court Order. Neither will he be liable to the City in the event and for the time
the work is suspended by Court Order.
B -7 -12 Temporary Suspension:
The Engineer shall have the authority to suspend the work wholly or in part
for such period or periods as he may deem necessary due to unsuitable weather
conditions as are considered unfavorable for the suitable prosecution of the
work. If it should become necessary to stop work for an indefinite period, the
Contractor shall store all materials in such manner that they will not obstruct
or impede the public unnecessarily or become damaged in any way, and he shall
take every precaution to prevent damage or deterioration of the work performed;
he shall provide suitable drainage about the work and erect temporary structures
where necessary. The Contractor shall not suspend work without written authority
from the Engineer and shall proceed with work promptly when notified by the
Engineer to resume operations.
(rev. Nov /94)
PAGE 23 OF 28
B-7-13 Suspension of Work and Annulment of Contract:
The work or any portion of the work under contract shall be suspended
immediately on written order of the City Engineer or the City Manager, a copy of
such notice to be served on the Contractor's sureties, or the contract may be
annulled by the City for any good cause or causes, among others of which special
reference is made to the following:
(a) Failure of the Contractor to start the work within the specified
number of calendar days from the date of written notice by the City to
begin the work.
(b) Substantial evidence that the progress of the work being made by the
Contractor is insufficient to complete the work within the specified
time.
(c) Failure of the Contractor to provide sufficient and proper equipment
for properly executing the work.
(d) Substantial evidence that the Contractor has abandoned the work.
(e) Substantial evidence that the Contractor has become insolvent or
bankrupt, or otherwise financially unable to carry on the work.
(f) Deliberate failure on the part of the Contractor to observe any
requirements of these specifications or to comply with any orders
given by the Engineer as provided for in these specifications.
(g) Failure of the Contractor to promptly make good any defects in
materials or workmanship, or any defects of any nature, the correction
of which has been directed in writing by the Engineer.
(h) Substantial evidence of collusion for the purpose of illegally
procuring a contract or perpetrating fraud on the City in the
construction of the work under contract.
When the work is suspended for any of the causes itemized above or for any
other cause or causes, the Contractor shall discontinue the work or such part
thereof as the City shall designate, whereupon the sureties may, at their option,
assume the contract or that potion thereof which the City has ordered the
Contractor to discontinue, and may perform the same, or may with the written
consent of the City, sublet the work or that portion of the work so taken over,
provided however that the sureties shall exercise their option, if at all, within
two (2) weeks after the written notice to discontinue the work has been served
upon the Contractor and upon the sureties or their authorized agents. The
sureties in such event shall assume the Contractor's place in all respects, and
shall be paid by the City for all work performed by them in accordance with the
terms of the contract. All monies remaining due the Contractor at the time of
his default shall thereupon become due and payable to the sureties as the work
progresses, subject to all the terms of the contract. In case the sureties do
not, within the hereinabove specified time, exercise their right and option to
assume the contract or that portion thereof which the City has ordered the
Contractor to discontinue, then the City shall have the power to complete by
contract or otherwise as it may deem necessary; and the Contractor hereto agrees
that the City shall have the right to take possession of and use any of the
materials, plant, tools, equipment, supplies and property of every kind provided
by the Contractor for the purpose of his work and to procure other tools,
equipment and materials for the completion of the same, and to charge to the
account of the Contractor the expenses of said contract or labor, materials,
tools, equipment and expenses incidental thereto. The expense so charged shall
be deducted by the City out of such monies as may be due or may at any time
thereafter become due the Contractor under and by virtue of the contract or any
part thereof. The City shall not be required to obtain the lowest bid for the
work of completing the contract, but the expenses to be deducted shall be the
actual cost of such work. In case such expense is less than the sum which would
(rev. Nov /94)
PAGE 24 OF 28
have been payable under the contract if the same had been completed by the
Contractor, then in such case, the City may pay to the Contractor the difference
in cost provided that the Contractor shall not be entitled to any claim for
damages or for loss of anticipated profits; in case such expense shall exceed the
amount which would have been payable under the contract if the same had been
completed by the Contractor, then the Contractor and his sureties shall pay the
amount of such excess to the City on notice from the City of the excess due.
When any particular part of the work is being carried on by the City by contract
or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the contract, and in
such manner as not to hinder or interfere with the performance of workmen
employed as above provided by the City.
8 -7 -14 Termination of Contract:
The contract will be considered fulfilled, saved as provided in any
maintenance stipulations, bond or by law, when all the work has been completed,
the final inspection made by the Engineer, and final acceptance and final payment
made by the City.
B -$ MEASUREMENT AND PAYMENT:
B -8 -1 Measurement of Quantities:
The determination of quantities of work acceptably completed under the terms
of the contract, or as directed by the Engineer in writing, will be made by the
Engineer, based on measurements made by the Engineer. These measurements will
be taken according to the U.S. Standard Measurements, used in common practice,
and will be the actual length, area, solid contents, numbers and weight. It is
pointed out that inclusion in the standard construction specifications of
paragraphs describing methods of measurement and payment is not intended to imply
that separate payments shall be made under each such standard specification. The
units for which payment shall be made are those stated in the proposal.
8 -8 -2 Unit Price:
Where in the proposal form a "Unit Price" is set forth, the "Unit Price"
shall include the furnishing by the Contractor of all labor, tools, materials.
machinery, appliances, plant and equipment appurtenant to and necessary for
construction in every detail and the completion in a first class, workmanlike
manner of all the work to be done under these specifications. The "Unit Price"
shall also include all permanent protection of overhead, surface and underground
structures, cleaning up, finish, overhead expense, bond, insurance, patent fees,
royalties, risk due to the elements, delay, profit, injuries, damages, claims and
all other items not specifically mentioned that may be required to construct
fully each item of the work complete in place.
B -8 -3 Scope of Payment:
The Contractor shall receive and accept the compensation, as herein provided,
in full payment for furnishing all labor, tools, materials, equipment and
incidentals; for performing all work contemplated and embraced under the
contract; for all lose or damage arising out of the nature of the work or from
the action of the elements; for any unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work and before its final
acceptance by the Engineer; for all risks of whatever description connected with
the prosecution of the work; for all expense incurred by or in consequence of
suspension or discontinuance of such prosecution of the work as herein specified;
for any infringement of patents, trademarks or copyrights; and for completing the
work in an acceptable manner according to the plans and specifications. The
payment of any current or partial estimate prior to final acceptance of the work
by the City shall in no way constitute an acknowledgement of the acceptance of
the work nor in any way prejudice or affect the obligation of the Contractor to
repair, correct, renew, or replace, at his expense, any defects or imperfections
(rev. Nov /94)
PAGE 25 OF 28
in the construction or in the strength or quality of the materials used in or
about the construction of the work under contract and its appurtenances, nor any
damage due or attributed to such defects, imperfections or damage shall have been
discovered on or before the final inspection and acceptance of the work.
The Engineer shall be the sole judge of such defects, imperfections or
damage; and the Contractor shall be liable to the City for failure to correct the
same as provided herein.
B -8 -4 Payment for Extra Work:
Extra work authorized and approved by the City Engineer and performed by the
Contractor will be paid for in the manner hereinafter described, and the
compensation thus provided shall be accepted by the Contractor as payment in full
for all labor, material, tools, equipment and incidentals and all
superintendents' time and timekeepers' services, all insurance, bond and all
other overhead expenses incurred in the prosecution of the extra work. Payment
for extra work will be calculated on one of the following basis, subject to all
other conditions of the contract:
(a) By unit prices agreed on in writing by both parties, payment to be for
the quantity actually installed as finally measured.
(b) By a lump sum price agreed on in writing by both parties.
(c) By actual field cost of the work plus fifteen percent (15%) as
described hereinbelow, agreed on in writing by both parties. In the
event extra work is to be performed and paid for under this method,
the actual field cost of the work will include the cost of all
workmen, foremen, timekeepers, mechanics and laborers, and materials,
supplies, trucks, rental or machinery equipment, only for the time
actually employed or used on such extra work, plus all power, fuel,
lubricants, water and similar operating expenses, and a rateable
proportion of premiums on Performance and Payment Bonds, public
liability and Workmen's Compensation and all other insurance required
by law or ordinance. The Engineer will direct the form in which the
accounts or actual field cost will be kept and will specify in writing
the methods of doing the work, and the type and kind of machinery and
equipment to be used, and shall have authority to suspend such extra
work if in his judgement it is being conducted in a manner wasteful of
materials, equipment, or labor, or is not being prosecuted in an
efficient manner. The fifteen percent (15 %) of the actual field cost
to be paid the Contractor shall cover and compensate him for profit,
overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the actual
field cost as herein specified. The Contractor shall give the
Engineer access to all accounts, bills, invoices and vouchers relating
thereto.
In the event agreement cannot be reached on method or prices of payment for
extra work, the City reserves the right to enter on the job with its own forces
or to hire other contractors to perform such extra work.
B -8 -5 Policy on Extra Work and Change Orders:
The City Council of the City of Corpus Christi has adopted the following
Construction Change Order Policy which will be applicable to all City
construction projects, and the Contractor is hereby advised to be so guided in
the proceeding with any item of work which he considers to be extra work:
(a) All change orders require written quotations and must be approved in
writing by the Contractor and the City Engineer or his representative prior to
the work being done.
(rev. Nov /94)
PAGE 26 OF 28
(b) All change orders in involving an expenditure of $10,000.00 or more
must be approved by the City Council.
(c) The City Manager, or duly authorized Assistant City Manager, has
authority to approve change orders between $5,000.00 and $10,000.00. The City
Manager may authorize change orders in excess of this amount only in emergency
situations where undue delays could cause damages, either physical or monetary,
to the City, Contractor, or general public. However, final approval must be
granted by the City Council.
(d) The City Engineer has authority to issue change orders up to $5,000.00.
(e) The total amount of all change orders to a contract shall not exceed
25% of the original contract price.
Contractors are advised that the City is under no obligation to appropriate
change order(s) which have not been prepared and executed as stated herein. The
addition of items of work covered by unit prices may be performed without written
change orders unless the quantity and cost of such work, in the Engineer's
opinion, require such written change orders, in which event the Contractor will
be so notified.
B -8 -6 Partial Estimates:
After the twenty -fifth (25th) day of the month and at the Contractor's
request, the Engineer will make an approximate estimate of the value of the work
done during the month under the specifications, which approximate estimate may
include the full net invoice value of acceptable non - perishable materials
delivered to the work (i.e. materials on hand). The Contractor shall furnish to
the Engineer such detailed in formation as he may request to aid him as a guide
in the preparation of partial estimates. It is understood that the partial
estimates from month to month will be approximate only and all partial estimates
and payments will be subject to correction in the estimate rendered following the
discovery of an error in any previous estimate, and such estimate shall not in
any respect be taken as an admission of the City of the amount of work done or
of its quality or sufficiency nor as an acceptance of the work or the release of
the Contractor of any of his responsibility under the contract.
In determining the partial payment to be made to the Contractor, the City
will retain five percent (5 %) of the total approximate estimate, unless otherwise
stated, and will deduct payments previously made. No partial payment will be
made when the said estimate or the estimates of work done since the last previous
estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is
due and payable to the Contractor upon successful completion of the project and
will be included in the final payment. Payment shall be withheld as elsewhere
herein specified.
The City reserves the right to increase the retainage. In contracts in which
the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and
providing for retainage of greater than five percent (5 %) of the total estimate,
the amount retained shall be deposited in an interest bearing account and the
interest earned shall be paid to the contractor upon completion of the contract
with the final payment, unless withheld as otherwise specified.
B -8 -7 Withholding Payment:
Payment of estimates may be withheld if the work is not being executed in
accordance with the specifications and contract and /or to cover known claims as
elsewhere specified.
B -8 -8 Final Cleanup:
Upon completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work surplus and
discarded materials, temporary structures, and debris of every kind. He shall
(rev. Nov /94)
PAGE 27 OF 28
leave the site of the work in a neat, orderly condition, equal to that which
originally existed. Surplus and waste materials removed from the site of the
-work shall be disposed of at locations satisfactory to the Engineer. Such final
cleanup shall in general be considered as subsidiary to the established pay items
as a whole.
B--8 -9 Final Acceptance:
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor, the Contractor shall notify the Engineer
that the improvement is ready for final inspection. The Engineer will then make
such final inspection; and if the work is satisfactory and in accordance with the
specifications and contract, he will certify such completion for Final
Acceptance.
B-8 -10 Final Payment:
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor as evidenced by the Engineer in the
Certificate of Final Inspection and Acceptance, a final estimate showing the
value of the work will be prepared by the Engineer as soon as the necessary
measurements and computations can be made. All prior estimates upon which
payments have been made are subject to necessary corrections or revisions in the
final payment. The amount of this final estimate, less any sums that have been
deducted or retained under the provisions of the contract, will be paid the
Contractor within thirty (30) days after Final Acceptance provided the Contractor
has furnished to the City satisfactory evidence in the form of an affidavit(s)
that all sums of money due for any labor, materials, apparatus, fixtures, or
machinery furnished for and used in the prosecution of the work have been paid;
or that the person or persons to whom the sum may respectively be due have
consented to such final payment. The improvement will not be recommended for
Final Acceptance until this payment affidavit has been submitted. The acceptance
by the Contractor of the last payment as aforesaid shall operate E.s and shall be
a release to the City from all claims or liabilities under the contract for
anything done or furnished or relating to the work under the contract or for any
act of neglect of said City relating to or connected with the contract.
B-8 -11 Maintenance Guaranty:
The Contractor shall maintain and keep in good repair the work herein
contracted to be done and performed for a period of one (1) year from the date
of acceptance, or for such lesser or greater period as may be specially provided,
shall do all necessary backfilling that may arise on account of sunken conditions
in ditches, or otherwise, and shall do and perform all necessary work and repair
any defective condition growing out of or arising from the improper joining of
the same, or on account of any breaking of the same caused by the said
Contractor, in laying or building the same, or on account of any defect arising
in any of said parts of said work laid or constructed by said Contractor, or on
account of improper excavation or backfilling; it being understood that the
purpose of this section is to cover all defective conditions arising by reason
of negligence of the Contractor, or by reason of defective materials, work or
labor performed by the said Contractor, and in case the said Contractor shall
fail to do so, it is agreed that the City may do said work and supply such
materials, and charge the same against the said Contractor and sureties on this
obligation. This provision shall further, and in addition, be evidence by the
provisions of the Performance Bond or such other bond as may be required.
(rev. Nov /94)
PAGE 28 OF 28
PART C -
FEDERAL WAGE RATES & REQUIREMENTS
General Decision Number: TX070063 05/18/2007 TX63
Superseded General Decision Number: TX20030063
State: Texas
Construction Type: Building
Counties: Nueces and San Patricio Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 02/09/2007
1 05/11/2007
2 05/18/2007
BRTX0001 -005 05/01/2007
Rates Fringes
Bricklayer $ 20.00 6.50
* ELECO278 -001 08/27/2006
Rates Fringes
Electrician $ 18.45 4.75 +7%
IRON0066 -002 01/01/2003
Rates Fringes
Ironworker $ 16.10 4.65
PAIN0130 -001 07/01/2005
Rates Fringes
Painter $ 15.15 4.42
S0TX1987 -002 03/01/1987
Rates
Carpenter $ 9.96
Cement Mason /Finisher $ 12.50
Laborer $ 5.56
Mason Tender $ 7.14
Plumbers and Pipefitters
(Including HVAC) $ 10.05
Power equipment operators:
Fringes
Page 1 of 3
Page 2 of 3
Backhoe $ 7.84
Roofer (including Built Up,
Composition and Single Ply) $ 9.20
Truck Driver $ 7.50
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
- =asa =n= �coa - - - -=
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
_
END OF GENERAL DECISION
Page 3 of 3
A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF NUECE
THIS AGREEMENT is entered into this 10TH day of JULY, 2007, by
and between the CITY OF CORPUS CHRISTI of the County of Nueces,
State of Texas, acting through its duly authorized City Manager,
termed in the Contract Documents as "City," and A4pha r Building
Corporation termed in the Contract Documents as "Contractor," upon
these terms, performable in Nueces County, Texas:
In consideration of the payment of $44,92045 by City and
other obligations of
City as set out herein, Contractor will
construct and complete certain improvements described as follows:
FIRE STATION NO. 11
DRIVEWAY REPAIRS (JOC)
PROJECT N . 11
(TOTAL: $44,92045)
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
services, labor and insurance as
Documents,
Documents
including overseeing
include
this
at their expense such materials,
required by the attached Contract
the entire job, The Contract
Agreement* the
bid proposal and
instructions, plans and specifications, including all maps, plats,
blueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 60 CALENDAR DAYS after construction is begun. Should
Contractor default, Contractor may be liable for liquidated damages
as set forth in the Contract Documents.
'City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST:
City e retary
APPROVED AS TO LEGAL FORM:
By:
Asst. City Attorney
ATTEST: (If C . •oration)
(Seal Below)
(Note: If Person signing for
corporation is not President,
attach coax of authorization
to sign)
3x r,' -
ct ',
r'
y � ,
{ „!
•
•
•
CITY OF CORPUS CHRISTI
BY:
Ronald F. Massey, Asst. City
of Public Works and Utilities
BY:
Angel scobar, P.E.
Direc or of Engineering Services
(i 2 I 7
ta. 7A
CONTRACTOR
Al • ha B din • C
Title:
6300 OCEAN DRIVE
(Address)
CORPUS CHRISTI, TX 78412
(City) (State) (ZIP)
361/825 -2591 * 361/825 -2594
(Phone) , (Fax)
r CIA AUil�tlUnIc,.•
!Y COUNCll (1
Agreement
Page 2 of 2
SECR
ksi
1� p_
BUILDING CORPORATION GENERAL CONTRACTORS
TAMU-CC PROJECT OFFICE
6300 OCEAN DRIVE
CORPUS / CHRISTI, T 78412
PHONE: (361) 825-2591
FAX: (361 ) 825 -2594
Mr. Angel Escobar, P.E.
Director of Engineering Services
c/o Mr. Jerry Shoemaker P.E.
City Of Corpus Christi
Engineering Services
1201 Leopard Street
Corpus Christi, Texas 78401
We are pleased to present our proposal for Improvements to Fire Station #11, City of Corpus Christi,
Texas. This proposal is based on the scope of work, referenced sketches, and unit price estimate.
This project includes repairs to the engine driveway such as:
Removal and replacement of the existing drive paving with new concrete drive paving.
Replacement of the existing support foundation for the emergency electrical generator.
Total cost for this work is as requested:
Base Bid $44,920.45
Schedule for this work: Mobilization within 15 days of R.I.P. and completetion within 60 days of
commencement.
Please contact me at (361)-533-0293 should you have any questions regarding this matter.
incerely,
--Trag-,,hvtA
Bill Millar
Project Manager
Attachments:
1. Scope of work
2. RS Means Cost Proposal — Summary and Detailed Estimate
3. Timeline Schedule
4. Area of influence (sketch)
5. Safety Plan (Preliminary)
A Leader in the Construction Services Industry
Scope of Work Fire Station # 11 Concrete Drive
July 2, 2007 Page 1 of 1
BASE BID Replace entire drive
Alpha Buildi
PERFORMANCE BOND
Bond No. 2075516
STATE OF TES
KNOW ALL BY THESE PRESENTS:
COUNTY ACES
THAT Alpha BuildinE Corporation of N ECES County, Texas,
hereinafter called "Principal", and North American Specialty Insurance Company , a
corporation organized under the laws of the State of New Hamphir T
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", in the penal sum of FORTY-FOUR
!!pUsNDi._NINE HUNDRED 1 ($4,92_0.45.) _ DOLLARS,
lawful money of the United States, to be paid in Nueces County,
Texas, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, fi
' bond is given to meet the requirements of Article 5160,
This �
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Faeces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one Qf which shall be deemed an original, this the 19th
day of July �, 2007
PRINCIPAL
Alpha Building Corporation
By:
(Print Name & Title
AT 7T
Secrta y
(Print Name)
SURETY
North American Specialty Insurance Company
(Print Name)
The Resident Agent of the Surety in Nue es coun ty, - Texas, for
delivery of o f ce and service of process is:
Agency:
Contact Person: Lawrence L. Rhodes
Address: 711i.Crnhu,Suite 514
Corpus Christi, Texas 78475
•
Wm. Rigg Co.
Phone Neer: 361-215-9076
(NOTE: Date of Performance Bond 'must not be prior to date of contract) (Revised 9/02)
Performance Bond
Page 2 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN IT WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 19th
day of July , 2007 .
PRINCIPAL
Alpha Building Corporation
(Print Name & Title)
ATTEST
Sect
Print Name)
SURETY
North American Specialty Ins
By:
e Company
Atto
n -fact Lawrence L. Rhodes
(Print Name)
The Resident Agent of the Surety in ueoee x Texas,
delivery of notice and service of process is
Agency:
Contact Person:
Address:
Phone Number:
Wm. Rigg Co.
Lawrence L. Rhodes
-1 7 7ffNTCaranchua, ante 6[4 4
Cor• s Christi, Tex s 8 5
361-215-9076
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/O2)
Parent Bond
Pace 2 of
for
CITY OF CORPUS CHRISTI
DEPARTMENT OF ENGINEERING SERVICES
P.O. BOX 9277
CORPUS CHRISTI, TEXAS 78469 -9277
RE: Certification of Power of Attorney for Performance and Payment Bonds
Project Name/No.: various Projects
Surety Co an : /2-11-F M/%G1fC*�J )A)A/A$AJ(
Gentlemen
1 , - - - -.._ ._�. (name of laficer of surety),
hereby certify that the facsimile power of attorney submitted by
layagpce L. Rhode (Attorney-In-Fact
for ,r ios Pr o -i e s and ar ions o ors - - -- (Contractor), a copy of which is attached to this certificate, is a true
and correct copy of the original power of attorney on file in the records
of the surety company in its home office, has not been amended or
abridged, is still in full force and effect, and said designated agent is
currently in good standing with the surety. In the event of cancellation
n
of this power of attorney, the City of Corpus Christi shall be notified in
writing by certified mail within-. seven ' 7 - days thereof at the following
address:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Signed this day of 20(97.
Name: f'k?
Title
. Sworn and subscribed to before me on this
20§1_74.
1 Al?,11111:1:"...„SHARON AT
145.* ; `: Notary Public, State of Texas
s. .,.1 My Commission Expires
;; March 30, 2011
(Revised 9/03)
A-S54
rklik-SILLA7R.
Vie-C PraecE;It:E-Ifr--
, day of
}
A
Notary Public
State of
My Commission Expires:
ATTACHMENT 1
1 F1
NA SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and Laving its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws ofthe State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
PAUL A. YASILLI, JR., GEORGE M. STORM, JOHN DOOLEY
TERRY WILLIAMS, BLAINE ALLEN and SHARON GRANT
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute. seal and deliver. for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies. as surety. on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TEN MILLION 10 000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
0,0111111w#4 oly l� rte r"ts
+t� c , „ �
O .4
- _ o
rt y
SAR,EzemA „i
Steven P. Anderson, President Chief Executive ODicer of 1 ashington international insurance Company & {'
'S 1973 oy; z Rice President of North American Specialty insurance Company
odzs
By
David M. Layman, Vice President of Washington International insurance Company &
Vice President or North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company. and Washington International insurance Company, have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1st day of August . 20 0 •
State of Illinois
County of Du Page
s:
North American Specialty 1 nsurance Company
Washington International Insurance Company
On this 1st day of August , 20 06 before me, a Notary Public personally appeared . _ Steven P. Anderson , President and CEO of
Washington international insurance Company and Vice President of North American Specialty Insurance Company and David
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFICIAL SEAL,
SUSAN ANSa
Notary # 1 #i . State o1 UPS
Commitsion moires 200$
1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
/t-i,t,e,,iz
Susan Ansel, Notary Public
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals ofthe Companies this day of , 20
Jams A Carpvnier. Vice President & Assistant Secreiar} of Washington International Insurance Compan &
North American Specially Insurance Company
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER I ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington international
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca.
Illinois, each does hereby make, constitute and appoint:
LAWRENCE L.1 RHODES, ES, BRADLEY D. J INS N
MARILYN ALHUN and STEVEN E. WHITE
JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts or suretyship as are or may be required or permitted b y
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of TEN MILLION (10,000,000 00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority ofthe folioving Resolutions adopted by the bards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 241h of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal ofthe Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
moaiiillito i ;tilpFlili"*
........ esVia
" e
By
SEAL ; C1 Sievert P. Anderson, President & Chief Executive officer cr Washington Internationai Insurance Company & 1111 CaPCIRATENIA
t 1973 4.1,871 Vice President of North American Specialty Insurance Company AL
4.-Nm0144 41' IA,
+fjr #ifil I II111111.‘
By ,
David M. Layman, Vice President or Washington 1nternalional Insxtrance Company &
Vice President or North American Specially insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th day of December , 0,
State of Illinois
County of Du Page
ss:
North American Specialty insurance Company
Washington International Insurance Company
On this 12th day of December 20 06 before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of
Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company and David . Layman ,
Vice President of Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company,
personally known to tree, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
Susan Ansel, Notary Public
"OFFICIAL SAL
SUSAN ASEL
Nregary Pi. SiaieCdnirlOS
Commission Expres h$200$
I, .dames A. Carpenter , the duly elected Assistant Secrete ofNorth American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this 9th day of July _ -- , 2007
James A. Carpenter. Pica President & Assistant Secretary of Washington international insurance Company &
North American Specialty insurance Company
IMPORTANT TT NOTICE
In order to obtain information or make a complaint:
You may contact Jim Carpenter, Vice President -
Claims, at 1 -800 -338 -0753.
You may call Washington International Insurance
Company andlor North American Specialty
Insurance Company's toll -free number for
information or to make a complaint at:
1-800-338-0753
You may also write to Washington International
Insurance Company and/or North American
Specialty Insurance Company at the following
address:
1200 Arlington Heights Road #400
Itasca, IL 60143
You may contact the Texas Department of Insurance
to obtain information on companies, coverages, rights
or complaints at:
1- 800-252-3439
You may write the Texas Department of Insurance:
P.o. Box 149104
Austin, TX 78714-9104
`ax: (512) 475 -1771
Web: http://www.tdi.state.txsus
E-mail:
ConsumerProtectinn tdi. tatc.tx.us
namium OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or
about a claim you should first contact the Washington
International Insurance Company and/or North
American Specialty Insurance Company. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become
a part or condition of the attached document.
Av1 o IMP ORTANTE
Para obtener informacion o para someter un queja:
Puede comunicarse con Jim Carpenter, Vice
President - Claims, al 1- 800 - 338 -0753.
Usted puede llanir al numero de telefono gratis de
Washington International Insurance Company
and/or North American Specialty Insurance
Company's para informacion o para someter una queja
al:
1 -800- 338 -0753
listed tambien puede eseribir a Washington
International Insurance Company and/or North
American Specialty Insurance Company al:
1200 Arlington Heights Road #400
Itasca, IL 60143
Puede escribir al Department() de Seguros de Texas
Para obtener informacion acerca de companias,
coberturas, derechos o quejas al:
1-- 800 -252 -3439
Puede eseribir al Departmento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714 -9104
Fax: (512) 475-1771
Web: http://wviw.tdistate.tx.us
E-mail:
Con umer rotectiontdi.stat .tx,us
DISPUTAS SOBRE PRIMAS o RECLAMOS:
Si tiene una disputa concerniente a su prima o a an
reclamo, debt comunicarse con el Washington
International Insurance Company and/or North
American Specialty Insurance Company primero. Si
no se resuelve la disputa, puede entonces comunicarse
con el epartx ento de Seguros de Texas.
U1 TA ESTE AVJSO A SU POLIZA:
Este aviso es solo para proposito de infromacion y no se
converte en parte o condicion del documento adjunto.
crrif OF CORPS CHRISTI
DISCLOSURE OF INTERESTS
;ity of corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
•rovide the following information. Every question must be answered. If the questlon is not applicable, answer viith "IAA ".
'IRP1 NAM
1TR T. 24850 Blanco pd . CITY. —� San Antonio. Texas_ ZIP:.�_. 782 .��
:IRM is. 1. Corporation X 2. Partnership 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
f additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. state the names of each "employee " of the city of corpus Christi having an "ownership interest"
constituting 3% or more of the ownership In the above named "firm ".
Name Job Title and City Department (if known)
Nene
2. State the names of each "official" of the city of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firs ".
Name Title
None
3. State the names of each "board member" of the city of Corpus Christi having an "ownership intent"
constituting 3% or more of the ownership In the above named "firm ".
Name Board, Commission or Committee
None
4. State the names of each employee or officer of a "consultant" for the city of corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of
the ownership In the above named "firm".
Name Consultant
None
CERTIFICATE
1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly
ly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur.
Certifying Person; Ka hl een Acock Title: President _
(Type or Print)
Signature of Certifying Person:
ACORD CERTIFICATE OF LIABILITY INSURANCE
I -73]- 9)8.6668
PRODUCER
Wm-'Rigg Co. - Houston
10777 Wertheimer
Suite 300
Houston, TX 77042 -3454
Larry _Rhodes
INSURED
Alpha Building Corporation
24850 Blanco Road
Suite 200
San Antonio, TX 78258
COVERAGES
DATE (MIND DIY YY)
07/18/07 --
THIS CERTIFICATE IS ISSUED CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES _ NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: Travelers Lloyds Insurance Company
INSURER B: Charter Oak Fire Insurance Company
INSURER C:Travelers Indemnity Company of CT
INSURER D: The Travelers Indemnity Company _
INSURER E:
NAIC
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
PROJECT: FIRE STATION ISO. II DRIVEWAY REPAIRS, CORPUS CHRISTI, TX.
The City of Corpus Christi is named Additional Insured (except Work Comp) where required by written contract.
CERTIFICATE HOLDER
Alpha Job #141006
City of Corpus Christi, Nngineering Services
Attn: Contract Administrator
PO Box 9277
Corpus Christi, TX 78469 -9277
AC RD 2 (2001!08) baa s l3 02
6687507
USA
CANCELLATION 10 DAYS NOC FOR NON-PAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
10.44Limpit.
-1
AC RD CORPORATION 1 988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, ED, the poll c ies must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurers, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 2 (2001/08)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
07/18/07
NAME OF INSURED: Alpha Building Corporation
SUPP (10l00)
Alpha Building Corporation
POLICY NUMBER C00324115807
COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 1/6/07 — 3/6/08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
JADDITIONAL INSURED
(CONTRACTORS)
This endorsement modes insurance provided under the following:
COMMERCIAL CIAL N RAL LiAsurt. COVERAGE PART
T
COMMERCIAL GENERAL U S1LITY - CONTRACTORS COVERAGE PART
SCHEDULE
NAME OF PER/SON(S) O R OR A ATI :
City of Corpus Christi
Engineering Services
T: Contract Administrator
P.C. Box 9277
Corpus Christi, Texas 78469 -9277
PROJECT/LOCATION OP COVERED OPERATIONS:
Various Projects for City of Corpus Christi
t WHO 16 AN INSURED - (Section 11) is amended
to Include the person or organization shown in the
Schedule above. The person or organization does
not qualify as an additions& insured with respect to
the independent acts or omissions of such person
or organization. The person or organization is
only an additional insured with respect to liability
caused by "your wort " for that additional insured
at the location shown in the Schedule.
2. The insurance provided to the additional Insured
is limited as follows:
a) In the event that the limits of liability stated in
the policy exceed the limits of liability requite
by a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought, the insurance provided
by this endorsement shall be lirtted to the
limits of liability required by such contract or
agreement, This endorsement shall not in-
moue e the limits stated In Section 111 -. LIMITS
OF INSURANCE.
b) The insurance provided to the additional In-
sured does not apply to °bodily Injury", 'prop.
arty damage', "personal injury or advertising
In urge arising out of an architect's, engineer's
CG
or surveyor's rendering of or failure to render
any professional services including:
1. The preparing, approving or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, mid orders,
change orders, or dings and specifi-
cations; and
It, Supervisory or Inspection actives per-
formed as part of any related architectural
or engineering activities.
c) This Insurance does not apply to "bodily In-
jury' * "p damage" caused by 'your
work included in the products -co pleted
operations hazard" unless you are required to
provlde such coverage for the additional in-
sured by a written contract or written agree -
ment In effect during this policy period and
signed and executed by you poor to the loss
for which coverage is sought and then only
for the pod of time required by such con-
tract or agreement and In no event beyond
the expiration date of the policy.
3. Subpart (1)(a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily Injury and
Property Damage Liability Coverage (Section 1 Coverages) does not apply to you if the "bodily
Copyright, The Travelers Indemnity Company Page 1 of 2
COMMERCIAL GENERAL LIABILITY
in' or *property damage" arises out of "your
wort' performed on premises which are owned or
rented by the add Tonal Insured at the time your
work" Is performed.
4. Any coverage provided by this endorsement to an
additional Insured shall be excess over any other
valid and collectible Insurance available to the
additional Insured whether primary, excess, con -
tingent or on any other basis unless a written
contract or written agreement In effect during this
policy period and signed and executed by you
prior to the loss for which coverage Is sought
specifically requires that this insurance apply on a
• primary or non - contributory basis. When this in-
surance Is primary and there is other insurance
available to the additional insured from any
source, we will share with that other insurance by
the method described In the policy.
5. As a condition of coverage, each additional
insured must:
a. Give us prompt written notice of any "occur-
s
rence* or offense why may result in a claim
and prompt written notice of "suit °.
b.) immediately forward all legal papers to us,
cooperate in the defense of any actions, and
otherwise comply with policy conditions.
c. Tender the defense and indemnity of any
claim or "suit" to any other insurer which also
insures against a low we cover under this
endorsement. This includes, but is not limited
to, any insurer which has Issued a policy of
insurance in which the additional insured
qualifies as an insured. For purposes of this
requirement, the term Insures against" refers
to any self - Insurance and to any insurer which
issued a policy of insurance that may provide
coverage for the loss, regardless of whether
the addllional insured has actually requested
that the insurer provide the additional insured
with a defense and/or irrdenity under that
policy of insurance.
d.) Agree to make available any other insurance
that the additional insured has for a foss we
cover under this endorsement.
Bradley D. rt
Vice President
Page 2 of 2 Copyright, The Travelers Indemnity Company
CG 02 47 10 0
Alpha Building Corporation COMMERCIAL AUTO
NUMBER:
BA9944B612 � ISSUE DATE: 3 -6 -07 to 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
� DESIGNATED ENSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
IIGARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name of Peron(s) or organization (s):
City of Corpus Christi
Engineering Services
ATTN: Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an Insured" under the Who Is An Insured Provision contained in Section
11 of the Coverage Form.
Bradley D. Johnson
Vice President
CA 20 48 02 99 Copyright, insurance Services Office, Inc., 1998
Page 1 of 1
alpha Building Corporation
POLICY NUMBER: CO03241.15807 Nti ISSUE DATE: 3I6 /CO 3/6.108
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY EARLIER NOTICE OF
CANCELLATION /NONRENEWAL PROVIDED BY US ---
TEXAS
This endorsement modifies Insurance provided under the following:
BAILER AND MACHINERY COVERAGE PART
BUSINESSQWNERS POLICY
• COMMERCIAL EXCESS UABIE.ITY (UMBRELLA) 1NSURANCE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART — CONTRACTORS
N4,1 CaMMERCiAl. INLAND MARINE COVERAGE PART
COMMERCIAL. PROPERTY COVERAGE PART
CRIME COVERAGE PART
DELUXE PROPERTY COVERAGE FORM
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
EXCESS (FOLLOWING FORM) LIABILITY INSURANCE
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
SCHEDULE
CANCELLATION: Number of Days Notice:
WHEN WE DO NOT RENEW l onrene Graf : Number of Days Notice:
NAME: City of Corpus Christi
Engineering Services
At D RE : ATT : Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469-9277
d
A. For any statutorily permitted reason other than
nonpayment of premium, the number of days e-
lred for notice of cancellation, as provided in
the CONDMONS Section of this Insurance, or as
amended by any applicable state cancellation
endorsement applicable to this insurance, is tt-
creased to the number of days shown In the
SCHEDULE above.
B. For any statutorily permitted reason other than
nonpayment of premium, the number of days e-
qulred for notice of When We Do Not Renew
(Nonrenewal), as provided In the CONDITIONS
Section of this Insurance, or as amended by any
30 (Thirty) 4(
30 (Thirty)
applicable state When We Do Not Renew
(Nonrenewal) endorsement applicable to this i -
surance, is increased to the number of days
shown In the SCHEDULE above.
C. We will mail notice of cancellation or nonreneal
or material limitation of those coverage forms to
the person or organization shown In the schedule
above. We will mail the notice at least the Nu m-
ber of Days indicated above before the effective
date to our action.
Bradley D. Johnson
Vice President
IL FO 26 09 98 Copyright, The Travelers Indemnity Company, 1998
Page 1 of 1
Alpha Building Corporation % COMMERCIAL AUTO
POLICY !NUMBER: BA9944B612 ISSUE DATE: 3 " 6X067 to 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
1. Name:
Address:
SCHEDULE
City of Corpus Christi
Engineering Services
ATTN: Contract Administrator
P.O. Box 9277
Corpus Christi. Texas 78469 -9277
2. Number of Days Notice: 30 (Thirty
If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
PROVISIONS
We will mall notice of cancellation or material limitation of these coverage forms to the person or organization
shown above. We will mail the notice at least the Number of Days indicated above before the effective date of our
action.
Bradley D. Johnson
Vice President
CA T3 25 09 99 Page I of 1
WORMS ANN AT oN AND =PLOYS= LIABILITY INMAN= POLICY WC 42 06 01
Md. 7-84)
TEXAS NOTICE OF MATERIAL AGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is
shown in item 3.A. of the Information Page.
In the event of cancelation or other material change of the policy, we will mail advance
notice to the person or organization named in the Schedule. The number of days advance
notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in
the Schedule.
1. Number of days advance notice:
2. Notice will be mailed to:
Schedule
30 4(
City of Corpus Christi
Department of Engineering services
Attn : Contract Administrator
0.0. Box 9277
Corpus Christi, TX 78469-9277
1
This endorsement changes the policy to which it is attached and is effective an the date
issued unless otherwise stated. (The information below is required only when this
endorsement is issued subsequent to prepa ratio n of the policy.)
Endorsement Effective 3-6-07 to Policy No. 111397C37
3-6-08 Insured
Alpha Building Corporation
nsurance Company Travelgrs Lloyds C9untersigned By:
Insurance Company
C 42 06 I Name (Printed) : Bradley Johnson
dorsome No. -A201
(Ed. 7-64) Title (Printed) : j ice P es d t
ATTACHMENT 3
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