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Home My WebLink AboutC2008-314 - 8/12/2008 - Approved, 2008-314 M2008-208 08/12/08 S P E C I A L P R O V I S Nuway International S P E C I F I CAT I O N S - A N D FORM S O F C O N T RAC T S A N D B O N D S F O R OSO RECREATION CENTER RENOVATIONS 2008 PROJECT ARCHITECT: ROOTS/FOSTER ASSOCIATES, INC. FOR 1 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROascT No: 3346 DRAWING NO: PBG-693 A S P E C I A L P R O V I S I O N S S P E C I F I CAT I O N S A N D F O R M S O F C O N T RAC T S A N D B O N D S F O R OSO RECREATION CENTER RENOVATIONS 2008 PROJECT ARCHITECT: ROOTS/FOSTER ASSOCIATES, INC. FOR ?ARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT No: 3346 DRAWING NO: PBG-693 A (Revised 6/27/99) OSO RECREATION CENTER RENOVATIONS - 2008 PROJECT NO. 3346 TABLE OF CONTENTS NOTICE TO CONTRACTORS - A Insurance Requirements (Revised May 2006) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-2 Definitions and Abbreviations A-3 Description of Project ~4 4 ]!4e"prod-e~a~a A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage r o n......, a n.,. ., ~ ,. r n r.. i.......i ,.a,_..,,....t ..c r.;,a a A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials 'n '1 '1 i.P. .1 J nrr; . A-18 Schedule-and Sequence of Construction A-20 Testing and Certification n~_n-__ _ n; _._.. - ___~..,.... ..-y.... A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds NO LONGER APPLICABLE 6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders Page 1 of 2 A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work r_~n n......... a,... ,-... ..F n....t ,.... ,. f- n .. ............ a-.. OG nJi l n... ~. -l ..l n.. ,~.. ..4 .. r _. m~~_- n~.~ v. .. .. .......... l ~' A-36 Other Submittals r f A-37 ' A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-49 Change Orders (4/26/99) r_nc r,._n..: is n.; ... ..a n,.. -... NOT USED NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmittal Form PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - DRAWINGS NOTICE PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 2 of 2 OSO RECREATION CENTER RENOVATIONS NOTICE TO CONTRACTORS - A INSURANCE REQUIRMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE NININOM INSIIRANCS COVERAGE 30-Day Notice of Cancellation required on Hodily Injury and Property Damage all certificates ~ PER OCCURRENCE / AGGREGATB Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard- 5. Products./ Completed Operations Hazard 6. Contractual Liability 7. Broad FormProperty Damage e. Independent Contractors 9. Personal injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THfi TEXAS WORKERS' WORKERS'-COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRSD X NOT REQUIRED INSTALLATION FLOATER - - See Section B-6-ll and Supplemental Insurance Requirements ^ REQUIRED 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. ^ The name of the Project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The 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 ragardiag insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B- WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 1 I Texas Administrative Code TITLE 28 INSURANCE PART z TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context cleazly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building orconstruction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.01 I (44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, fonn TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regazdless of whether that person contracted directly with the contractor and regazdless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing compariies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project aze covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the' commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by pazagraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and ('n use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the govemmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission roles. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (II) contractually require each other person with whom it contracts, to perform as required by subpazagraphs (A)-(I~ of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one yeaz thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one yeaz thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this pazagraph, with the certificate of coverage to be provided to the person for whom they aze providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or aftec September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statute_ s, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Cert~cate of coverage ("cert ~cate')- A copy of a cert~cate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of arty such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of class cation codes and payroll amounts and filing of airy coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current cert~cate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a cert~cate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file cert~cates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new cert~cate of coverage showing extension of coverage, if the coverage period shown on the current cert~cate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by cert~ed mail or personal delivery, within 10 days after the contractor knew or should have known, of arty change that materially affects the provision of coverage of arty person providing services on the project. H. 77re contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of class cation codes and payroll amounts and filing of arty coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new cert~cate of coverage showing extension of coverage, if the coverage period shown on the current cert~cate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current cert~cate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by cert~ed mail or personal delivery, within 10 days after the person knew or should have known, of arty change that materially ajfects the provision of coverage of arty person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the cert~cates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of class cation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a sel, f-insured, with the commission's Division of Self- Page 10 of I 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS OSO RECREATION CENTER RENOVATIONS Project No. 3346 SECTION A - SPECIAL PROVISIONS n....l ..a ..1 ,. .ill L.,. ,.a .. F,..-.,.:+., :+), sl.,. .~F_F:n -.l _a.... _.. ________.__s ..____ ____ _~________.__._ i-Five-i~R~g-btd9 f9t' t-tae-g~'8}eet. ,...1.. .,:ll n.,. .. ..,.a :.. +~... ,.F F:,.,. ,.F +s.,. F.~ie'tGZ'r••, 1.-..... +..a +1... F: .....+ Fl .....~. ..F n: +.. V..ll lhll'1 t....r. -..-.i C+.~.~.-.+ ~~___ ___r _____ _. n]a ., .. /lFF4 .. l 7 !~ l ..a C+ .......+ ,.1.. -.aa: a; __..1 ..... ....-.. .....4 .. ..: ..: a..a: ...... ..: l l L... ...... a....a ..a L... aL.., n: a.. A-2 Definitions and Abbreviations Section S-1 of the General Provisions will govern. A-3 Description of Project The project consists of repair and seal coat on parking area, provide a pre- engineered metal structure over basketball court with lighting. Install an Epoxy Flex roof system over the recreation center. Other related work items to construct the Project in accordance with the plans, specifications and contract documents. , ., a + s.., t.....+ ..a .....,...a ..F + ,. ,. .... ~., l A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: e sea .+~~~~,u..-a __t____-_ n.__a_-.. ~~___ __ :a-_a: r:-.t :- ~>,- n__-_....1• (NSA FOR JOH ORDER CONTRACT) (A Cashier's Check, certified check, money order or bank draft from am State or National Hank will also be acceptable.) Disclosure of Interests Statement Submittals of materials or equipment Section A - SP (RFP JOC JAN 2007) Page 1 of 20 A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be one hundred and eighty (180) calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. 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, 100.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workera 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 ahd 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. -8 Farmed F~e~gssa~s ~~egesa3s-fa~ce~-~}tee~3-y-te ~~he 6}t~ ~r~-be eens~de~ed nen ~esgens~ve-P~egesals Qan o....~:,. n_o ..o Fs.,. r,........,i n..,...: ,. 9~3d ee-~rBViE(e''a-xr" tike-f}r6(399a3. ..a i.....,. :. ,, a,. .. ,: i ~ r.,. :..x,.........,.~,. a` .. _ ~eeei~ . A-10 Wage Rates (Revised 7/25/08) Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Section A - sP (RFP JOC JAN 2007) Page 2 of 20 Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor 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 Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1-1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1-800-399-8377, the Lone Star Notification Company at 1-800-669-8399. For the Contractor's convenience, the following telephone numbers are listed. - City Engineer CCIA Engineer CCIA Facilities Manager Project Engineer A/E Project Engineer PGAL CRGE Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Parks 6 Recreation Solid Waste Services American Electric Power (AEP) Southwestern Bell Tel. Co. (SBC) City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) Century Telephone ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 880-3500 361/289-0171 ext 1223 361/289-0171 ext 1226 880-3500 713/622-1499 (direct 713/968-9375) 361/991-8550 880-3590 882-1911 857-1880 (880-3140 after hours) 857-1818 (880-3140 after hours) 885-6900 (865-69 00 after hours) 857-1881 (880-3190 after hours) 880-3961 857-1970 299-4833 (693-9944 after hours) 881-2600 (1-600-82 9-4924 After Hours) 657-1946 857-1960 857-5000 (657-5060 after hours) 887-9200 (Pager 800-724-3629) 225-219-1169 (Mobile 225-229-3202) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972/753-9355 Section A - SP (RFP JOC JAN 2007) Page 3 of 20 A-12 Maintenance of Services 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 completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings or not, 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 flamed 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, -__---_ ----°-._-' _-- ___-- __--._-.~-, ,.,.__,.~___....~_:,_,_.._ _F ~..____.,.s ~aa~s, construction detours, etc. ,v - r l 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. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer Section A - SP (RFP JOC SAN 2007) Page 4 of 20 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 The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must remain unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bit items; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. All light fixtures and other items specified for salvage shall be delivered to the Owner as directed. _+n _, F: '~e-€,._-: -'---~+ t~3~e-t-ha~maaea~es-at least 89 u ~.w ~~ _ F: ..l .i ..FF: .. • .. \ ...J CTV .- 7- __ __ ___ __ ~~Y- ~ Y-I A-18 Schedule and Sequence of Construction 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 (3) working days prior to start of construction. 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 - Construction 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. 9. 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. the-A-i~ge~ °-gi~eef - Fae#3~iea-P9aaage~-a~#visc~-ems his--sehadu}e-se r' A-7n --_ -a__- . Section A - SP (RFP JOC JAN 2007) Page 5 of 20 h ..t. ...1. 44... }n....4+.+..4..... ..l...l l^ ~: .A.. Ml... n.4} ~ Y n,.,, v.l }ne4 3]s `cue~c.4+ AO 4L...4 ..14......-.4 ..l ML... ....4.. L.l :..l....AJ l... _}1, ~, 'n:}.. ~ ..l 4....4 C....l ...... s. _ _ ~} ~. ......... . ~ .~. j .'...... ~ 1 ...i 1.... 4L... n:4 n........1 }-...4 n..~~i ~..4 P....i ..~ n}_}~~`_.. ..F 41... n.... .. mi... n....}~, ~..} .. L...l t .: .i.. 4L... F..l 1..... .... _ ~.}: F:ivs}' ..... ....... .... ~..........~~-.... ~. r ~ .. _o moo: Tl l ...L. .r...4 ^ ..F ~.. 4 ............ .. /.....i..4 ..F mF.... n ' ~ n ~ 4 ~.. 1... • ~ t € . ~€ - ~ t-F id t~'e ~ t / ' l en a aee~~ - ~r ~Fl~gtr ~- ~. ~ ~ /lI a ; s ..l ...1 es e s e ..l l ..4 ; ~~... ~..4 •~C1L TitO/~[S9""e TIIT ~l~ T11 ..4 ~........4 l: n....: .... ..l .. /} ,".~ ..F .. ..L..l .. s.1...1 tee.. ..A F l...r t i ..1 /T Y O(]T_ --~-~ nn .. ..l ~ Tl l ..F . -.1 ...... L.. ~ cl..l .....^ ..l /. n....:.... .1.....4 / /4 t ...... .v. I .... .-.F .. : ..1 F .... -. .... l ..\ /T ~r.~a .u r 4...i ~.+/ V/1/lT .al~l4_-•....x.34..\ Tl lT ..1 .. - _ Tl l l: n....:....4 14 1 .4:.. .... F ..: .. L...l .. ..1...1+. e.. .... ...1•F .. -l ~neyJm l..._ v .,.A nn .. ~ ~...... ~....... : _ - , r Section A - SP (RFP JOC JAN 2007) Page 6 of 20 A-20 Testing and Certification All tests required under this item must be performed 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, including windstorm certification. A__-22 Minority/Minority Business Enterprise Participation Policy (Revised 1o/5e) (See RFP Requirements) 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. Definitions Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. 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 51.08 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 51.08 of the assets or interest in the corporate shares must be owned by one or more minority person(s). Section A - SP (RFP JOC JAN 2007) Page 7 of 20 Controlled The primary power,~direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.08 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and contro ed y a woman, a partnership at least 51.08 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.08 of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.08 of the contract work itself and in which a minority joint venture partner has a 50.08 interest, shall be deemed equivalent to having minority participation in 25.08 of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) - Participation (Percent) 456 158 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. 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 Section A - SP (RFP JOC JAN 2007) Page 8 of 20 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 sign structure inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the signs are completed. and-ready f = t t ..Y _,_ `he Gent`€}ea€e e€ 9eeepaaeyr when -~~ Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-9 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (108) 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 (108) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (108) 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 i, _ _ _ ' - _ ....1 l YL... .. F~ Section A - sP (RFP JOC JAN 2007) Page 9 of 20 l ..1 .. } ..l t.. ; }.. F~..r.. }4..i Cf--~}.. f...... Z p }L... 1).....~....} O .. l .. ; F:.. ..l ; - }th k Cr 0 }d e€ mates~a' -s ~s~~-}}_ }l,_ 3 y-w e- e--t- 9 ~s .. l -.l .... .. F ... -.} .. eep -es A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. Far 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' Section A - SP (RFP JOC JAN 2007) Page 10 of 20 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 Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: e'-:~, ate-the-dale e€ the ~e~ease e~the~iee. T` ~ .^~ „-- '~,- ..... ~.._ ..,_ ~._,. ,,___ _a. - -•.••• ~ ~•-...~.... r ~••.. ... ~ ........ ...... ~r .......... ....~. ... ~.. uauau. .....a ...J.. v....:r=Poxv~ mxa 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 (5) years recent experience in field management and oversight of projects of a similar 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 (5) years recent experience in Section A - SP (RFP JOC JAN 2007) Page 11 of 20 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. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 9. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract (if required), 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 Section A - SP (RFP JOC JAN 2007) Page 12 of 20 increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 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(s) of individual(s) authorized to execute contrasts on behalf of said entity. 11. Documentation showing proof of Disadvantaged Business Enterprise (DBE) requirement compliance. A-31 Amended Policy on Extra 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 change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution 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 may be 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 Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. ~-J-J ~~a--ease~€-eea~4et «,.,. ..,..,«___« J......___«s~: _ ..J ........ : . . .... ___~..._._ _____- -_____~ ____ r__r __-- ~__-__ __ ____ ___~___. ..___.-- r-~. ~._.._..__ ..~-_ ..~ ~_. ___ __ ____ _z___-_ ___.__-____, _____- r____-_____ .._-- -_ ~_. ___ __ ____ ___________.... Section A - SP (RFP JOC JAN 2007) Page 13 of 20 - • ..L.. -..} ...a..«.. ...J ..L F L.. -lam .. } L~~.tisn aL..: - ..l 1 .J .....1 F_.: ...~. alp-: ... ~ ...i........ ,4 tIi .ai }~~ //~~..}~~..}r _f _~ _ i_____ ~. ~i -d 3 f l - o ~ t S ________.____ __ _ the ~ & ~ ex r a e y - = ei: -a ......1 >, lT:.. .../n...,},.,,..a e e j c.F..} n..l....}..}:..., p..~...,e..,., ~:LL-L~. FeF$6 ..FF...n...i L.. }L....~.....J n.}.. ll.~.a...- n ..l 4..... }L...... ....~.-},w~~} ~ .L.. ..1..- - L. ~~~.~__--..L.~ .-_....J. _.__..a . - __ .~F.. a~a ....vuclV y}L:.. .L .. .i.. e.: .+ ~}.. ti' -' r ~o - . 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L. s r 7 ~i~ ~€~---a -nay-#~~ ~ea~~€~e~ ~eehn~ea~-and stxPe~a'se~~ge~senne'7 as a t oa ~. ~~~:_9 ~,-- 4•-~:F:ea~~ens ~ ~h~rl 9 ~e err '£h's ~ve~)e Section A - SP (RFP JOC JAN 2007) Page 15 of 20 A mL,. ..1.,1 l .. a.. ,.,. -.l l F, 1 t..A-..o'z~ - .......a .L.l ~:.l... -` ____ --..a ~_-__,.1...., }L.. ..a,.a ..a ~~ ..ate },. _„aa ______ _.._s^_____ _ ____ _________~ ___1 _______ _~_____. __________ __ ..-...r __ __ ____ __~_-__- L__~_-__..___~ -_____ ..______ ~.,. L:lt,.a ..a }L.. n:}.. n ....: ........ }L ,tt v. L. l l L ...L.. ., .J L.... Ll. ~.~. L.-...a_a3 n a..., }e, }}~ i - ~ .....L.. ~. ..F ....: ..1.: .... .....i....... _......a ..1,..4.....,}: ..,.., Al.. }:w....i. ~,,..._ m~c._},~n~_u~1v~L__L ..~ `...-.. .~ O o b~ .ll ~.. .i Fti_ L _J '~ 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 Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 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. 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. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals Section A - SP (RFP JOC JAN 2007) Page 16 of 20 to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. All submittals relating to the structural design of the signs including fasteners, bolts and other items must be signed and sealed by a Licensed Professional Engineer registered in the State of Texas. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report 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. „ , F3-C-'I C 71x ~ d L`h-......,, r,.... c.......: ..I.....~ ti.. s. ~.., n: a 4~ ....at a T.h Cii R .: i i _: .~.. c a,.., ni ~P- ~PT- at--tip-g~---^---aruet~en a~eet4nQ '£he-Eentraete~wi~} l~eeg ~ eeg3r-o€-~ m 4 1... a ., aL........._L. ....4 ,1 v.. ~..~. ia~).. ~. a. o A-38 Worker's Compensation Coverage for Buildin or Construction Proiecta 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 Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-60 Amendment to Section 8-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the __ Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. ._a t... _. a....a ..,a r _,,.. ti_.,~~_ oa_-e vY.--F.._ _ePa` ~s ^ '£he 6` t•• Sn #neer w ~ 9 ' }} r~e~~€p al.. .. ...i aL... J l •Y"- I fir. L. ..1 1 _..J .. .J ~a 41.E (~.. l l^ L i_____ ______-__- ___ _._.. i.-_t __-_. Section A - SP (RFP JOC JAN 2007) Page 17 of 20 A-42 OSHA Rules S Revelations 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 S Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" 6- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, 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, 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, or supplier. A-46 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. we .la n -a n-....-. v/c /nn\ ee[~r-ee~eA ---a=:a--]ti~eg aeen~a€e ~ees~ds e€ ,---}:-- ,L.._J_.._}_, __a ,l \ ..F +l 1 F....J l J -~nglet-€en e€ eaeh €ae~€ty5 €he 6en€~ae€e~ -L~ll `~---`-L ^ aL .~F a:......4 ..}~ ..L..a ..n}L ..,.a .. l }1 ~.L..... n.. _1...J 1} ~i-R1ei3926R ••~•aB-cnv-zvcacxo£r8--ov -all-iaea-]~~ns~rtle€e~-~~~,-mieitnaA}r €t3e ~T ~~~ "-Nalnepl~~'-6Ql.YV3T~~i iis'4GQtl le aR V-q¢t"(^iiia~G' SL4. /A\ 11..1 ..4;.~.... ~aa; 4; .... e. ..a ..1.-......... }.. ..F . .-L T/'[J~ 1 ..4 L.. ~. ..L .......... ..... a.. w _ec r _ ---1 -c va .L t.. ,+Ll~~:--a~a ....v.. r~/c /nn1 (NOT D3ED) TL .. ..L..ll L.. :L.l .. F..r }L.. ai.. -.l ..F ..}~~. ..a F...- }~~};~~ d~isi-r~€ee}: --' _.~iltts~'t-i-etg-i Section A - SP (RFP JOC JAN 2007) Page 18 of 20 ar 'Fheserrl tx' - ~ . - ei s s -uPF~~t ~~ eas. a .. ~-= .m .~aas a gea , e t2e e- . a -i-~- -': s o a-l-- r- a i €- ll- t- d- i e~ -ek - ge p a+a e es s e a e use s n e g~ e ~..~~~_.._____ __ ____ ___~ -._~__ .-- --.- ---.--. --_ ---. n_~v n..`^--•.a._...~._.._ ...._i~_-~~_. a-____-~__-- ,~,~,~~~ (NOT II9ED) , A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (RFP JOC JAN 2007) Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: Oso Recreation Center Renovations - Project No. 3396 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Jerry Shoemaker P.E. CONTRACTOR: Nu-WaV International SUBi+lITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (RFP JOC JAN 2007) Page 20 of 20 PART C - FEDERAL WAGE RATES & REQUIREMENTS Page 1 of 3 General Decision Number: TX080061 07/25/2008 TX61 Superseded General Decision Number: TX20070063 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 9 stories) Modification Number Publication Date 0 02/08/2008 1 05/09/2008 2 06/27/2008 3 07/25/2008 BRTX0001-005 05/01/2006 Rates Fringes BRICKLAYER .......................$ 21.06 6.70 --------------------------------------------------------- ELEC0278-001 08/27/2006 Rates Fringes ELECTRICIAN ......................$ 18.95 4.75+78 ---------------------------------------------------------------- IRON0066-002 06/01/2007 Rates Fringes IRONWORKER .......................$ 17.90 5.00 ---------------------------------------------------------------- PAIN0130-001 07/01/2005 Rates Fringes PAINTER ..........................$ 15.15 4.42 -------------------------------------------------------- * SUTX1987-002 03/01/1987 CARPENTER ........................$ Cement Mason/Finisher............$ LA80RER: Mason Tender...........$ LABORER ..........................$ Plumbers and Pipefitters (Including HVAC) .................$ Cates Fringes 9.96 12.50 7.14 6.55 10.05 http://www.wdol.gov/wdoUscafiles/davisbaconlTX6l.dvb 8/12/2008 rage t oI .s Power equipment operators: Backhoe .....................$ 7.84 ROOFER, Including Built Up, Composition and Single Ply Roofs ............................$ 9.20 TRDCK DRIVER .....................$ 7.50 ------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * 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 http://www.wdol.gov/wdoUscafiles/davisbacon/T'X61.dvb 8/12/2008