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S P E C I A L P R O_y I 3 I O N S
S~P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D
F O R
B O N D S
FTASTEiO?aTER SERVICE LINE REPAIR AND CLEAN-OUT
INSTALLATIODi PROGRAM
FY 2008 - 2009
Prepared by:
Felix Ocanas, P.E.
ENGINEERING & CONSTRUCTION MANAGEMENT
5001 Oalanont. Drive
Corpus Christi, Texas 78413
Phone: 361/549-4576
Fax: 361/906-2477
MM 518r~IVATER
nsrn~rN ixr
FOR
WASTEWATER DEPARTMENT
CITY OF .CORPUS CHRISTI, TEXAS
Phone: 361/860-3500
Fax:' 361/860-3501
PROJECT NO: 7434
DRAYTING NO: N/A
SERVICES
2009-035
M2009-014
01/20/09
~• ' City of
CO1~US CIDENDUM NO. 1
Chnsti
December 4, 2008
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: WASTEWATER SERVICE LINE REPAIRS AND CLEAN -OUT
INSTALLATION PROGRAM FY2008 - 2009
PROJECT N0.7434
Prospective bidders are hereby notified of the following modifications to the contract
documents. These modifications shall k~ecome a part of the contract documents. The
provisions of the contract documents neat specifically affected by the Addendum shall
remain unchanged.
1. METHOD OF AWARD PART A - 4 SPI?CIAL PROVISIONS
Date and time of Bid opening will remain unchanged.
To access this Addendum online, go to: www.ccen~proiects com
Please acknowledge receipt of this addendum in the appropriate place
in your Proposal Form.
END OF ADDENDUM NO 7
,roe Kevin Stowers
Interim Director of Engineering Services
ADDENDUM NO. 1
Page 1 of 1
S P E C I A L P R-O-~ I S I O N S
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D
F O R
B O N D S
WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT
INSTALLATION PROGRAM
FY 2008 - 2009
Prepared by:
Felix Ocanas, P.E.
ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES
5001 Oakmont Drive
Corpus Christi, Texas 78413
Phone: 361/599-4576
Fax: 361/906-2477
WASTEWATER ' , ,(
FOR. y....FEI tH O~ANAS. JR.
• ~O ., f tl
WASTEWATER DEPARTMENT I .A ~ 33000 •k,~~
CITY OF CORPUS CHRISTI, TEXAS ~e O~:.,/D<CC' ~f~O,•`a,W.d
Phone: 361/880-3500
Fax: 361/880-3501 de ~`SS/~Npj~ f~±~.,~®
PROJECT NO: 7434
DRAWING NO: N/A
WASTSWATBR SBRVICH LING REPAIR AND CL8AN-ODT INSTALLATION PROGRAM
PY 2008 - 2009
Table of Contents
NOTICE TO SIDDBRS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised May 2006)
Insurance Requirements
NOTICE TO CONTRACTORS - 8 (Revised 7/5/06)
Worker's Compensation Coverage For Building or Construction Projects
For Government Entities
PART A - SPECIAL PROVISIONS
A-i Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-11 Cooperation with Public Agencies (Revised 7/5/00)
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
t~~...1 J /1G F~ _.- (not u3ed)
-- -- --------- ---- --~------ -- -------------- (not used)
A-19 Construction Project Layout and Control
-- -- ----_---_ ---- -------------- (not used)
'_'~--- (not used)
J J
A-22 Minority/Minority Business Enterprise Participation Policy (Revised
10/98)
r ~~ ,•_....,,,.« __.l ,,,..--, __a ., i~ i,..,~ (not used)
A-24 Surety Bonds
A-~ C_L_ ~-_ =_. __c. NO LONGER APPLICABLE (6/11/98)
A-26 Supplemental Insurance Requirements
- - ---`_----------< --- --...-_- -----.._ (not used)
A-28 Considerations for Contract Award and Execution
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
A-33 Conditions of Work
A-34 Precedence of Contract Documents
-- -- ---r .._--- ------.._-_ _r-..___ .._,,..___.......-- (not used)
A-36 Other Submittals (Revised 9/18/00)
A-37 Amended "Arrangement and Charge for Water Furnished by the City"
A-38 Worker's Compensation Coverage for Building or Construction Projects
for Government Entities
_____r _-___
-- -- ----------- -- ----~--- ----_ (not used)
--f ----
A-40 Amendment to Section B-8-6: Partial Estimates
(not used)
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change 0rders'(4/26/99)
A-45 As-Built Dimensions and Drawings (7/5/00)
.., ..a .-~.,_, rn., .~ ..a ...-.... ,n/e /nn~ (ROt used)
,,.,_„~ .,..:.. ._,, _ _«:.. ~-, ~~ ~nn~ (not used)
A-48 Overhead Electrical Wires (7/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amended Prosecution and Progress
PART 8 - GffiiSRAL PROVISIONS
PART C - F8D8RAL WAGE RATES AND RBQIIIRBNSNTS
PART S - STANDARD
DIVISION 2 - SITSwORR
022020 - Excavation and Backfill for Utilities and Sewers
022100 - Select Material
025205 - Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replac.
025220 - Flexible Base - xigh Strength (S-24A)
025424 - Hot Mix Asphaltic Concrete Pavement (Class A)
025610 - Concrete Curb and Gutter
025612 - Concrete Sidewalks and Driveways
027602 - Gravity Sanitary Sewer (5-61)
028020 - Seeding (514)
028040 - Sodding (SS)
028300 - Fence Relocation (S 12)
DIVISION 3 - CONCR8T8
030020 - Portland Cement Concrete
032020 - Reinforcing Steel
038000 - Concrete Structures
DIVISION 5 - NBTALS
055420 - Frames, Grates, Rings, and Covers
PART T - TSCNNZCAL SPECIFICATIONS
T-1 Repair of Wastewater Service Lines
T-2 Closed Circuit Television Pipeline Inspection
ATTACHNEN'P3
1. Clean-out Location Card
2. Residants Letter
3. Weekly Clean-out Program List
4. Sample work Order
LIST OP DRANINGS
AGRE8M8NP
PROPOSAL/DISCLOSDRB STATSMBNT
PERFORMANCE BOND
PAYMENT BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals addressed to the <:ity of Corpus Christi, Texas for:
consists of. locating and. the excavation of existing service lines; replacing
approximately 2000 linear feet of wastewater service lines from the clean-out to
the bend or City main; incidental mein line repairs if required; installation of
approximately 150 new PVC clean-out assemblies; televising service lines to City
main, inspecting condition of mains, ten (10) feet in both directions from
existing or replaced main taps, when main is exposed or accessible; backfill,
other appurtenances and site clean up, in accordance with the plans, technical
specifications and contract documents;
will be received at the office of the City Secretary until, y~edII_ a=~
DeCelGbei 10 2008 and then publicly opened and read. Any bid received after
closing time will be returned unopened. There will be no pre-bid meeting for
this project.
A bid bond in the amount of 5$ of the highest amount bid must accompany each
proposal. Failure to provide the bid bond will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance
and payment bonds for contracts over $25,000.00 will result in forfeiture of the
58 bid bond to the City as liquidated damages. Bidder's plan deposit is subject
to mandatory forfeiture to the City if bidding documents are not returned to the
City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured from
the City Engineer upon a deposit of Fifty
guarantee of their return in good conditiondwnthinOtwooweeks (of ObOid)datea
Documents can be obtained by mail upoc~ receipt of an additional ( 10.00) which is
a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates which
prevail in the locality in which this work is to be done and that such wage scale
is set out in the contract documents obtainable at the o£fic~e of the City
Engineer and the Contractor shall pay not less than the wage rates so shown for
each craft or type of "laborer, " "workman," or "mechanic" employed on this
project.
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the-City's opinion, seems most advantageous to
the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Kevin Stowers
Interim Director of Engineering
Services
/s/ Armando Chaps
City Secretary
NOTICE TO CONTRACTORS - A
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 ~ MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates PER OCCURRENCE / AGGREGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
9. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE 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-tern X NOT REQUIRED
environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section B-6-11 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 o£ 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 "Disaloaure 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
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - 8
WORKER'S COMPENSATION INSURANCE
REQUI~.E_M~'~t'~'S
Page 1 of 11
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 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 into, shall have the following meanings,
unless the context clearly indicates otherwise. Temrs 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, TWCG82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (inchtding those subject
to a coverage agreement) providing services on a project, for the duration of the pmject.
(2) Building or construction-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 ptioject by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, fded 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 pmviding 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 prbject until
the work on the project has been completed and accepted by the governmental entity.
(Tj 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 regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, 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 tbe project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project-Includes the provision of all services related to a building or constmction 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 are 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 inquired 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 conshvction 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 paragraph (7) of this subsection;
(2) as part of the contradt, 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 wverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain fiurri the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's crrrrent certificate of
coverage shows that tire-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;
(~ provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) 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: Attac ed
t;raohic -.
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
govenmremal entity prior to beginning work on the project;
{3) provide the governmental ertity, 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
governmental 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 governmental 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 Ure
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 inquired to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This antice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be primed 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 Crraohic
(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 curent 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 Ure 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 ]mown, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(I3) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(FI) of this paragraph, with the certificate of covemge to be provided to the
person for whom they ate 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 Sling of any
coverage agreements;
(2) provide a ce~cate 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 conhact 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 govemmental 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 covemge 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 contactor
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 emis 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 wverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(~ retain all required certificates of coverage on file for the duration of the project and for one
yeaz thereafter
(~ notify the governmental emity 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 wverage period, if the coverage period shown on the cnrrent 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 govemmenial 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
(ll) wntractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A}(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(fj 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
declazed to be severable.
(g) This rule is applicable for building or constmction contracts advertised for bid by a
govemmenial entity on or after September I, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not inquired by
law to be advertised for bid
Page 6 of 1 I
(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 Statutes,
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 fram coverage in accrordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, pamrers, and
corporate executive of&cers 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
T28SI10.110(d)(~
"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."
"Ca1l the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement far coverage, to verify whether your employer has provided the required
coverage, or to report an employer's fathtre to provide coverage."
Page 8 of 11
1'28S 110.110(c)(~
Article _. Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate")- A copy of a certifcate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCG81, 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 tke time from the. beginning of the work on theproject 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) - lneludes 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
any 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 theproject, such as food/beverage vendors, o,Jjice supply
deliveries, and delivery ofportable toilets.
B. The contractor shall provide coverage, based on proper reporting of class cation codes and
payroll amounts and filing of any 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. Ifthe coverage period shown on the contractor's current certificate ofcoverage 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 certificate of coverage, prior to that person beginning work on theproject, so the
governmental entity will have on file centJicates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days ajler 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
Paga 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 non; fy the governmental entity in writing by certified mail or personal
delivery, within !0 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 projecK.
H. The contractor shall post on each project site a notice, in the texK 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 verify
coverage and report lack of coverage.
I. The contractor shall contractaal[y require each person with whom it contracts to provide
services on a project, to:
(I) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any 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 ofthe 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 cern; flcate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each otherperson 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, tf 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 governmental entity in writing by certified mail or personal delivery, within !0
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
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certif cotes of coverage ta 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 projectwill 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, to the case of aself-insured, with the commission's Division of Self-
Paga 10 of 11
Insurance Regulation. Providingfalse 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 airy of these provisions is a breach of contract by the
contracwr which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days ajler receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
WAST8WAT8R S8RVIC8 LINE RBPAIR AND CLEAN-OVT INSTALLATION PROGRAN
!'Y 2008 - 2009
A-1 Time aad Place of Receiviag Proposals/Yre-Bid Neetiag
Sealed proposals will be received in conformity with the official advertisement
inviting bids for the project. Proposals will be received in the office of the
City Secretary, located on the first floor of City Hall, 1201 Leopard Street,
until 2s00 p.m., Wedaeaday, December 10,2008. Proposals mailed should be
addressed in the following manner
There will be NO pre-bid meeting £or this project.
No additional or separate visitations will be conducted by the City.
A-2 Defiaitiona sad Abbreviat ioae
Section B-1 of the General Provisions will govern.
A-3 Descriptioa of Pro ect
This project consists of the locating and excavation of existing service lines;
replacing approximately 2000 linear feet of wastewater service lines from the
clean-out to the bend or City main; incidental main line repairs if required;
-- installation of approximately 150 new PVC clean-out assemblies; televising
service lines to City mains, inspecting condition of main, ten (10) feet in both
directions from existing or replaced main taps, when main is exposed and
accessible; backfill, other appurtenances and site clean up, in accordance with the
plans, technical specifications and contract documents.
A-4 Method of Award
The bids will be evaluated based on the Total Base Bid.
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City'.s opinion, is most advantageous to the
City and in the best interest of the public, subject to the availability of
funding.
Section A - SP
(Revised 12/15/04)
Page 1 of 21
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BZD PROPOSAL-9PAST8NATSR S8RVIC8 LINB R8PAIR AND CLBAN-ODT
INSTALLATION PROGRAM FY 2008 - 2009 PROJBCT NO. 7434
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. SYs Bid Hoad (Must reference 9oASTENATRR BERVICB LINE RBPAIR AND CLBAN-O9T
INSTALLATION PROGRAM PROJECT NO. 7434, as identified is the Proposal)
(A Cashier's Check, certified check, money order or bank draft Prom any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 270 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 o£ 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 Norkera Compeas at ion 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 axe covered by workers' compensation insurance
and unless the required documentation of such coverage has been provided to the
Contractor and the City Engineer.
A-S Faxed Proposals
Proposals faxed directly to the City will be considered non-responsive. Proposals
must contain original signatures and guaranty and be submitted in accordance with
Section B-2 of the General Provisions.
Section A - SP
(Revised 12/15/09)
Page 2 of 21
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be interpreted
as non-receipt. Since addenda can have significant impact on the proposal,
failure to acknowledge receipt, and a subsequent interpretation of non-receipt,
could have an adverse effect when determining the lowest responsible bidder.
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for heavy construction.
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 10/20/08)
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 the Dig Tess
System at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344,
and the Verizon Dig Alert at 1-800-463-6279. For the Contractor's convenience,
the following telephone numbers are listed.
City Engineer 626-3500
Project Engineer, Felix Ocana3 851-1203
Traffic Engineer 826-3540
Police Department 882-1911
Water Department 826-1880
Wastewater Department 826-1818
WW Work Coordinator
Gerald Garcia 826-1831
Gas Department 885-6900
Storm Water Department 826-1881
Parks & Recreation Department 826-3461
Streets & Solid Waste Services 826-1970
AEP 299-4833
(549-4576 after hours)
(880-3140 after hours)
(880-3140 after hours)
(826-5251 after hours)
(885-6900 after hours)
(880-3140 after hours)
(361/693-9444 after hours)
Section A - SP
(Revised 12/15/04)
Page 3 of 21
Signal/Fiber Optic Locate
Cablevision
ACSI (Fiber Optic)
CenturyTel
ChoiceCOm (Fiber Optic)
CAPROCK (Fiber Optic)
Brooks Fiber Optic (MAN)
A-12 Maintenance o£ Services
857-1996
657-5000
887-9200
225/219-1169
881-5767
512/935-0958
972/753-9355
(857-5060 after hours)
(Pager 800-729-3629
(225/229-3202 (M)
(Pager 850-2981)
(Mobile)
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 Prom existing as-built drawings, base maps, utility records,
etc. and from as much field work as normally deemed necessary for the
construction of this type of project with regard to the location and nature of
underground utilities, etc. However, the accuracy and completeness of such
information is not guaranteed. It is the Contractor's sole and complete
responsibility to locate such underground features sufficiently in advance of his
operations to preclude damaging the existing Facilities. If the Contractor
encounters utility services along the line of this work, it is his responsibility
to maintain the services in continuous operation at his own expense.
In the event of damage to underground utilities, whether shown in the drawings,
the Contractor shall make the necessary repairs to place the utilities back in
service to construct the work as intended at no increase in the. Contract price.
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 i£ 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 £or repairs, adjustments or relocations of sewer
service lines must be provided by the Contractor.
A-13 Area Access and Traf£ia Control
Sufficient traffic control measures must be used to assure a safe condition and
to provide a minimum of inconvenience to motorists. All weather access must be
provided to all residents and businesses at all times during construction. the
dd•E'3ir`g--W.. Fs...- ms.,. r....f ,- ..~ -...~...~~ma1.^.t ate... ~. St~~;~1_ _ t,,,. o.... ~,...+_~~
..t.r~ ^~,. ~-T:.- .-moo) ~..~~
,. 1... ..1...........1 .. ..F ..1 .. ~L.-~.
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, 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 TraFPic 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 12/15/09)
Page 4 of 21
A-14 Construction Equipment Soillace 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
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.
,*n'r~a~s~=:.g eaee-~.;.d asphalt w~th~a the~im~ts e~the-P--~--`_ -~-sE-°°^
et-~a-re te--was-i-dend-srxbsi -'.-_-1 -- --- --- _--- __~
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts,
construction debris, brush, vegetation 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. The Contractor will ensure all materials not retained
by the Contractor suitable for disposal at a municipal landfill will be
transported to the City of Corpus Christi Landfill for disposal. All disposal
charges, fees and taxes will be the responsibility of the Contractor.
A-17 Field Office (NOT USED)
l ^F ¢ici-o aie ~'R-C~~d aie "v cCq~`'
square-€eet -0€-~sea~b=e spaee. _. _ o: €;-ee mesE be aia een ..
t~-cam ':a="'~e. TAe~~r s-ha=1-meve €keTield~€€i-~.`^ si~a-s
...-rifle--~~a-m-€9r-)3.. +~.. n....+..... ,.+,. ms:2•~s r,.,.. +~... c: .,,,~
.. fv~Ti~ c~
A-1B Schedule and Sequence o£ Construction (NOT USED)
mi r" EB~ntraetBr ........ .........:+ +,.., r:i-., c....: ..,,.. _. _. ~. .., .... ~......_.~ ..,..
WBE''-~csFN~--C~a~9 . m~.:.. - , .... ... + a„+ ..: , + .... ..........i.., .. ,. r . .. _.. ....a ... + w_ ., a. ,..a
~a~;e-6~t+J-6ng~nee~ at~east three~g-) ,,,-- ^'~..~ rei `~-~,'-- -i-re-
_.. _..,... :_a.
Section A - SP
(Revised 12/15/09)
Page 5 of 21
r____ _..___ _________ ____ ___._____ __ ____ _____.. _..~ ..__.. ~,. `._..,..
rti~~~ rte,
a...
2~~exts te-lne}ude. Shew eemg~ete - '~.. _„~:.-: '-.,
i-decrE ~n`-y' ^~"~,'~e€ separ-aEe-s-tac}es--a°:: ,,,...,.~ ~ea'>=~g~eQ
ae"-a~ta2s.-~a~4€g~t~~-€~: ^st . --_,. .,,.. ..F .._.... ... _,.
3. St~bFa~tta~Bates~-~r~d~eate ~ ~~«tta'~da «~ ~ wed €e~~r, .gib,.-it-~a~' e-
cq@ ,
A-19 Construction Project Layout and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, baselines, etc. that are normally required to construct a
project of this nature.
The Contractor shall Furnish all lines, slopes, grades and measurements necessary
For control o£ the work.
Section A - SP
(Revised 12/15/09)
Page 6 of 21
Following is the minimum schedule of documentation required:
.F /.-.... .. ..F
.~4 .-...: ..4 F ............. 4 ... .......... F....... ~..~
_ -_ ____ ______ __ r__._.. .._ ~~..y._...,1,
•--~u~H aad gatter~'ew }£~P - •.-~.'- -: a-- -r -
W.I StPW.']t PY•
• All rim/invert elevations at manholes;
• All intersecting lines in manholes;
• Casing elevations (top of pipe and flow line) (TXDOT and RR permits).
,'•:,~-
T l l .. f ..1 .....
..,..._..7 .._-.-__.,..,, cr ., pipe ...... .~.,.. ~~..,/ ~a=.~a~m==
T l l ... / :.........4 ~. L..~ t ..
l J ~ l .. ,
.~.... ... .....~ n.
.. l .. .. 4 ....1 r l .. l .. \ /TV,I/1T ~..1 DD .. \
p.p"
A-20 Testing and Certification
All tests required under this. item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must be
done over after corrective measures have been taken, and the cost of retesting
will be borne by the Contractor and deducted from the payment to the Contractor.
The Contractor must provide all applicable certifications to the City Engineer.
A-21 Project Signs
(NOT USED)
A-22 Minority/Minority Business Enterprise Participation Policy (revised 10/98)
1. Policy
It is the policy of the City o£ 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 providedwhich has been awarded
a City contract.
Section A - SP
(Revised 12/15/09)
Page 7 of 21
the foregoing under contract with a prime contractor on a City
contract.
Minority Business Enterprise: A business enterprise that is owned and
controlled by one or more minority person(s). Minority persons
include Blacks, Mexican-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 51.0$ 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, must be entitled to receive
51.0$ or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other monetary
distribution paid by the businessenterprise.
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 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.
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:
Section A - SP
(Revised 12/15/09)
Page 8 of 21
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 Iaepectioa Required (Revised 7/5/00)
The Contractor shall assure the appropriate Htrild-ia~ inspections by the Building
Inspection Division at the various intervals of work for which a permit is
required and to assure a final inspection - «,.^ ,...+' a+.._ + _^' ^«^a- ^.,a
---'_'_--~'_-. 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 Boads
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read
as follows:
"NO surety will be accepted by the City from any Surety Company who is
now in default or delinquent on any bonds or who has an interest in
any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. if performance and payment bonds are in an amount in excess of
ten percent (10&) of the Surety Company's capital and surplus, the
Surety Company shall provide certification satisfactory to the City
Attorney that the Surety Company has reinsured the portion of the bond
amount that exceeds ten percent (10~) of the Surety Company's capital
and surplus with reinsurers) authorized to do business in the State
of Texas. The amount of the bond reinsured by any reinsurer may not
exceed ten percent (10~) of the reinsurer's capital and surplus. For
purposes of this section, the amount of allowed capital and surplus
will be verified through the State Board of Insurance as of the date
of the last annual statutory financial statement of the Surety Company
Section A - SP
(Revised 12/15/04)
Page 9 of 21
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 Exemption (NOT USED)
See ___. _ _ __. ____ ____...~___._ ___.______, __ _______ ___ ___ ________, ____ ___
F..l t .~ .. L...4:4..4 ...i l < 4L... ~.....F
~€ t#ce 6ea~raeta>`-e bees--t~--ege~a-separated een€}~aeE, Ae- :a-n:
} /,L.4 ..:.. 4L... .. , .. ...:imxr.Ti. fr..~va'~irT.L.~C4 ~ 4 ~ 1. ~.n~4 .n.. , , .. ~.
~. Ta,...4: F.. 4.... ~~ia~~sga-~r.--~- "Statement e~P4a~--~,, .,..,,~4..~,-
EMa~-ges" - - - r______
___ ___ r__r _`__ ____- ____ '_'_ __
p 4..,.
yJ. :.J.. .., .. F:.. .~,: ,
a_, Preside the E3-tg w}th eeg#es e€ mate~ia~-inaraiees to s~xbstant~ate-the
eper~ate tln er a separated eenEraet~-,-.~...as~
(~~~ F..... r.. l^l M ..l .. ...J C__Tll-..... ..l ~ -. L., n 44.:..
W'b.-..... 4~vG ..1 .'. .~: 1.1 .. F...- N]~s 4~vTCZ[QmrL~V~•~J' }Y 4~1C-~uh i.~~.4.. ~.. 4cVi-a-rl to
s,._-,~-~ s+#th-t4ie ~~seg>}irexients. T#te 6erft-~ae`~-.:.ash-~esne~sn='2
~.._..___.~__,. .... ..__. ..-rr ~...._ .
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:
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
3. Number of days advance notice: 30
Section A - SP
(Revised 12/15/09)
Page 10 of 21
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 Projectdescribed 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 o£ 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 £or Damage Claims (NOT USED)
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Pc~rrt~ae~te~-mrr "',.
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A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform its
obligations under the_ proposed contract, then prior to award, the City Engineer
may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to pay
for services or materials supplied against any of its projects begun within
the preceding two (2) years. The bidder shall specify the name and address
of the party holding the lien, the amount of the lien, the basis for the
lien claim, and the date of the release of the lien. If any such lien has
not been released, the bidder shall state why the claim has not been paid;
and
2. Whether there are any outstanding unpaid claims against bidder for services
or materials supplied which relate to any of its projects begun within the
Section A - SP
(Revised 12/15/09)
Page 11 of 21
preceding two (2) years. The bidder shall specify the name and address of
the claimant, the amount of the claim, the basis for the claim, and an
explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a financial
statement, prepared no later than ninety (90) days prior to the City Engineer's
request, signed and dated by the bidder's owner, president or other authorized
party, specifying all current assets and liabilities.
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 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 o£ 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 Contrast" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts"
Section B-3-1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent .lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values, which specifies estimates of the cost for each major
component of the work;
Section A - SP
(Revised 12/15/09)
Page 12 of 21
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,
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.
7
8
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-7-13;
A preliminary progress schedule indicating relationships between the major
components of the work. The final progress schedule must be submitted to
the City Engineer at the pre-construction conference;
Documentation required pursuant to the Special Provisions A-28 and A-29
concerning Considerations For Contract Award and Execution and the
Contractor's Field Administration Sta £f.
9. Documentation as required by Special Provision A-35-K, if applicable.
10. Within five (5) days following bid opening, 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 contracts on behalf of said entity.
A-31 Amended Poli cv 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
Section A - SP
(Revised 12/15/09)
Page 13 of 21
$25,000.00. The Contractor acknowledges that any change orders in an amount
in excess o£ $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. - -- - '_a,.a
.. r____~ _, _,
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given to
addenda issued during the bidding phase of the Project, second precedence will be
given to the Technical Specifications, third precedence will. be given to the
Special Provisions, fourth precedence will be given to the construction plans,
fifth precedence will be given to the Standard Specifications and the General
Provisions will be given last precedence. In the event of a conflict between any
of the Standard Specifications with any other referenced specifications, such as
the Texas Department of Public Transportation Standard Specifications for
Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be
given to addenda, Special Provisions and Supplemental Special Provisions (if
applicable), construction plans, referenced specifications, Standard
Specifications, and General Provisions, in that order.
A-35 City Water Facilities: Special Requirements (NOT USED)
Sec tiOn A - SP
(Revised 12/15/09)
Page 19 of 21
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persen - e--- va3~d ea-rd eert~€~nq them-~:~~at'--a~^^ aE a
iaa-7z~r _ _mrtmen€ Y Pe~senne' . A-~ts3~-e-~{~C^-o,~«o~ ~o~~°-ft-~~~
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Section A - SP
(Revisetl 12/15/09)
Page 15 of 21
araeE#ea~- .
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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.
Section A - SP
(Revised 12/15/09)
Page 16 of 21
~. ._~ eiag~eps a FFeg€ste~ed Pie€ess~ena3 6nq~nee~~ ^~'--'
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, opt ions, 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
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
o£ 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 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED)
B 6~3 743=rdn9PRIPPr
S2Ction A - SP
(Revised 12/15/09)
Page 17 of 21
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A-38 Worker's Compensation Covera a for Buildin or Coastruotion Proiects for
Government Entities
The requirements of "Notice to Contractors 'B "' are incorporated by reference in
this Special Provision.
A-39 Certificate of Occupanov and Final Acceptance (NOT USED)
A-40 Amendment to Section 5-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts Section
B-H-6: Partial Estimates is amended to provide that approximate estimates from
which partial payments will be calculated will not include the net invoice value
of acceptable, non-perishable materials delivered to the Project worksite unless
the Contractor provides the City Engineer with documents,- satisfactory to the
City Engineer, that show that the material supplier has been paid for the
materials delivered to the Project worksite.
A-41 Ozone Advisory (NOT USED)
:~~
A-42 OSHA Rules 6 Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable OSHA
rules and regulations while performing any and all City-related projects and or
jobs.
A-43 Amended Indemnification 6 Hold Harmless
Under "General Provisions and Requirements for Municipal Construction Contracts"
B-6-21 Indemnification S 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, material man, 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, material man, 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,
Section A - SP
(Revised 12/35/09)
Page 18 of 21
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 material
man.
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.
A-45 As-Built Dimensions and Drawings (7/5/00) (NOT USED)
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A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED)
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er~ri s-si-t~e~-im~t~s €e~ d~seharge , __.,,. ..
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A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED)
Section A - SP
(Revised 12/15/09)
Page 19 of 21
eent~aete~ sham-g~€ara~-ro-eeAS~xae~teA~re~3e en ehe~re~eet urit~~ a3.1
_ ?___t-- ----_._t_sns have w-~^^ made #r~ them enti~et}•, the ~~o~'~ `:eaeaf
_____.__ ___~______ _ -rr_-•-- --
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 CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are not. It
shall be the Contractor's sole responsibility to provide for adequate safety with
regard to overhead lines whether shown in the plans or not.
A-49 Ameaded "Maiateaaace Guaranty" (0/24/00)
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."
A-50 Ameaded "Prosecutioa aad Progress"
Under "General Provisions and Requirements for Municipal construction Contract a",
B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for any
reason, are not appropriated in anygiven year, the City may direct
suspension or termination of the contract. If the Contractor is terminated
or suspended and the City requests remobilization at a later date, the
Contractor may request payment for demobilization/remobilization costs; such
costs shall be addressed through a change order to the contract."
Section A - SP
(Revised 12/15/04)
Page 20 of 21
SUBMITTAL TRANSMITTAL FORM
PROJECT: WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION PROGRAM
FY 2008 - 2009 PROJECT 7434
OWNER: CITY OF CORPUS CHRISTI WASTE WATER DEPARTMENT
ENGINEER: Felix Ocanas Engineering S Construction Management Services
CONTRACTOR:
SUBMITTAL DATE:
SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - SP
(Revised 12/15/09)
Page 21 of 21
PART C
FEDERAL WAGE RATES
AND REQUIREMENTS
Page 1 of 2
General Decision Number: TX080037 07/25/2008 TX37
Superseded General Decision Number: TX20070039 -~
State: Texas
Construction Type: Heavy
Counties: Nueces and San Patricio Counties in Texas.
HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line
Construction and Drainage Projects)
Modification Number Publication Date
p 02/08/2008
1 07/25/2008
* SUTX1987-001 12/01/1987
Rates Fringes
CARPENTER (Excluding Form
Setting) .........................$ 9.05
Concrete Finisher ................$ 7.56
ELECTRICIAN ......................$ 13.37 2.58
Laborers:
Common ......................$ 6.55
Utility .....................$ 7.68
Power equipment operators:
Backhoe .....................$ 9.21
Motor Grader ................$ 8.72
________________________________________________________________
WELDERS - Receive rateprescribed 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
http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/21/2008
Page 2 of 2
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
http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/21/2008
PART - S
STANDARD SPECIFICATIONS
DIVISION 2 - SITEWORK
022020
022022
022100
025205
025220
025222
025412
025424
025610
025612
027602
028040
028300
Excavation and Backfill for Utilities and Sewers
Trench Safety For Excavation
Select Material
Pavement Repair, Curb, Gutter, Sidewakc, & Driveway Replacement
Flexible Base -Chemically Stabilized (S-24A)
Flexible Base -High Strength (S-24A)
Prime Coat
Hot Mix Asphaltic Concrete Pavement (Class A)
Concrete Curb and Gutter
Concrete Sidewalks and Driveways
Gravity Sanitary Sewer (S-61)
Sodding (S-8)
Fence Relocation (S-12)
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F 0 R M S
WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT
INSTALLATION PROGRAM
FY 2008 - 2009
Prepared-by:
Felix Ocanas, P.E.
~G & CONSTR[7CTION MANAGEMENT SERVICES
5001 Oakmont. Drive
Corpus Christi, Texas 78413
Phone:. 361/549-4576
Fax: 361/906-2477
WASIS~IAhR
- ov~Rrr •Hr
FOR
WASTEWATER DEPARTMENT
CITY OF .CORPUSCHRISTI, TEXAS
Phona: 361/680-3500
Fax: 361/880-3501
PROJECT NO: 7434T~
DRAWING NO: N/A
2009-035
M2009-014
01/20/09
IRCM Constructors
S P E C I A L P R O..V I S I O N S
S~P E C I F I C A T l O N S
A N D
O F C O N T RAC T S
F O R
A N D B O N D S
'~ ' City of
CO1~US CADDENDUM NO. 1
Chrtsti
December 4, 2008
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: WASTEWATER SERVICE' LINE REPAIRS AND CLEAN -OUT
INSTALLATION PROGRAM FY2008 - 2009
PROJECT N0.7434
Prospective bidders are hereby notified of the following modifications to the contract
documents. These modifications shall k~ecome a part of the contract documents. The
provisions of the contract documents not specifically affected by the Addendum° shall
remain unchanged.
I• METHOD OF AWARD PART A - 4 SPIECIAL PROVISIONS
Date and time of Bid opening will remain unchanged.
To access this Addendum online, go to: www.ccengproiects com
Please acknowledge receipt of this addendum in the appropriate place
in your Proposal Form.
END OF ADDENDUM NO. 1
,~~ ~,
~rpe Kevin Stowers
Interim Director of Engineering Services
ADDENDUM NO. I
Page 1 of 1
afro,. c, __~ _-
S P E C I A L P R D-~ I S I O N S
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
F O R
WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT
INSTALLATION PROGRAM
FY 2008 - 2009
Prepared by:
Felix Ocanas, P.E.
ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES
5001 Oakmont Drive
Corpus Christi, Texas 78413
Phone: 361/599-4576
Fax: 361/906-2477
i
WASTEWATER
FOR
-- WASTEWATER DEPARTMENT
- CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880-3500
~ Fax: 361/880-3501
PROJECT NO: 7434
DRAWING NO: N~A
wASTRNATSR SERVICE LIMB REPAIR AND CLEAN-ODT INSTALLATION PROGRAM
FY 2008 - 2009
Table of Contents
NOTICE TO SIDDRRS (Revised 7/5/00)
NOTICB TO CONTRACTORS - A (R2Viaed May 2006)
Insurance Requirements
NOTICE TO CONTRACTORS - 8 (Revised 7/5/06)
Worker's Compensation Coverage For Building or Construction Projects
For Government Entities
PART A - SPRCIAL PROVISIONS
A-i Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description Of Project
A-4 Method of Award
A-5 items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-il Cooperation with Public Agencies (Revised 7/5/00)
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
"'~'a ^"'-- (not used)
A-10 C-'---''- '- -° - - (not used)
A-19 Construction Project Layout and Control
.. ~~ .......~ .g ..n-' ..,.....: F: (not used)
(not used)
A-22 Minority/Minority Business Enterprise Participation Policy (Revised
10/98)
a _ '°_' "~-' ;^~-: `_ ' i (not used)
A-24 Surety Bonds
.. .,... ~rie,R^pzi~.
~° °^l~^ "'^' NO LONGER APPLICABLE (6/11/98)
A-26 Supplemental Insurance Requirements
(not used)
A-28 Considerations for Contract Award and Execution
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
A-33 Conditions of Work
A-34 Precedence of Contract Documents
(not used)
A-36 Other Submittals (Revised 9/18/00)
A-37 Amended "Arrangement and Charge for Water Furnished by the City"
A-38 Worker's Compensation Coverage for Building or Construction Projects
for Government Entities
r , '' ,,,.,._p` (not used)
A-40 Amendment to Section B-8-6: Partial Estimates
^---- „a.•, ^^-^•• (not used)
A-42 OSHA Rules & Regulations
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)
_~ ..s ,-s. ~.. rn.~.. ..a /" /c /nn~ (riOt used)
_ _«:.. /~/_/~„~ (not used)
A-48 Overhead Electrical Wires (7/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amended Prosecution and Progress
PART 8 - G8NSRAL PROVISION3
PART C - FBDBRAL wAGB RAT85 AND RHQIIIRSMSNTS
PART S - STANDARD SPBCIFICATIONB
DIVISION Z - SITSWORR
022020 - Excavation and Backfill for Utilities and Sewers
022100 - Select Material
025205 - Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replac.
025220 - Flexible Base - High Strength (S-24A)
025424 - Hot Mix Asphaltic Concrete Pavement (Class A)
025610 - Concrete Curb and Gutter
025612 - Concrete Sidewalks and Driveways
027602 - Gravity Sanitary Sewer (5-61)
026020 - Seeding (S 14)
028040 - Sodding (SS)
028300 - Fence Relocation (S12)
DIVISION 3 - CONCRHTB
030020 - Portland Cement Concrete
032020 - Reinforcing Steel
036000 - Concrete Structures
DIVISION 5 - METALS
055420 - Frames, Grates, Rings, and Covers
PART T - TBCRNICAL SPSCIPICATION3
T-1 Repair of Wastewater Service Lines
T-2 Closed Circuit Television Pipeline Inspection
ATTACHIESNTS
1. Clean-out Location Card
2. Residants Letter
3. Weekly Clean-out Program List
4. Sample Work Order
LIST OP DRAWINGS
AGRBBMHNT
PROPOSAL/DISCLOSIIRB 9TATSMBNT
PERPORMANCB BOND
PAYMENT BOND
NOTICE TO BIDDERS
NOTICE T-O _g2pDEgS
Sealed proposals addressed to the <:i ty of Corpus Christi, Texas for:
consists of. locating and. the excavation of existing service lines; replacing
approximately 2000 linear feet of wastewater service lines from the clean-
the bend or City main; incidental meiin line repairs if re
approximately 150 new PVC ~ out to
clean-out assemblies; televising servicenlines atooCity
main, inspecting condition of mains, ten (10) feet in both directions from
existing or replaced main taps, when main is exposed or accessible; backfill,
other appurtenances and site clean up, in accordance with the plans, technical
specifications and contract documents;
will be received at the office o]: the City Secretary until, WedA~ g_ g~`
December 10 200$ and then
closing time will Publicly opened and read. Any bid received after
this Project. ~ returned unopened. There will be no re-
P bid meeting for
A bid bond in the amount of 5~ of the highest amount bid must accom an
proposal. Failure to provide the bid bond will constitute
proposal which will not be considered. Failure to provide re fired P y each
a non-responsive
and payment bonds for contracts over $25,000.00 will result in~forfeiPureoo£athe
58 bid bond to the City as liquidated damages. Bidder's plan deposit is subject
to mandatory forfeiture to the City i.f bidding documents are not returned to the
City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured from
the City Engineer upon a deposit of Fif
guarantee o£ their return in ~' and no/100 Dollars ($50.00) as a
Documents can be obtained b gO P condition within two weeks of
a non-refundable poste e y mail u on receipt of an additional bid date.
4 /handling charge. ( 10.00) which is
The bidder is hereby notified that the owner has ascertained the wage rates which
prevail in the locality in which this work is to be done and that such wa e
is set out in the contract documents obtainable at the offi~e
Engineer and the Contractor shall a• g scale
each craft or t P y not less than the wage rates so the City
project. ripe of "laborer," "workman," or "mechanic" employeds on this
The City reserves the right to reject any or all bids, to waive irre
and to accept the bid which, in theCity's opinion, seems most advantageous to
the City and in the best interest of i:he public. 9ularities
CITY OF CORPUS CHRISTI, TEXAS
/s/ Kevin Stowers
Interim Director of Engineering
Services
/s/ Armando Chaps
City Secretary
NOTICE TO CONTRACTORS - A
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 IN3URANCE - MINIMUM INSIIRANCE COVERAGE
30-Day Notice o£ Cancellation required on Hodily Injury and Property Damage
all certificates PER OCCURRENCE ~ AGGREGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
9. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE 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-tern X NOT REQUIRED
environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section B-6-11 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 regarding insurance requirements, please contact the
Contrast Administrator at 880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - 8
WORKER'S COMPENSATION INSURANCE
RI,QUI~F'~*rrS
Page 1 of 11
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER il0 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 tents, when used in this rule, shall have the following meanings,
unless the context clearly 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 or construction-Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor--A person bidding for or awazded a building or construction project by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--.4 written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, fled with the Texas Workers' Compensation Commission which
establishes a relationship between the patties 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.
('n 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 regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or empleyees of any entity famishing 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 of portable toilets.
(8) Project-Includes the provision of all services related to a building or constmction 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 are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agteemenffi 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 penaffies, or other
civil actions.
(c) A governmental entity that enters into a building or constmction 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 paragraph (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;
(~ provide a cagy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
('7) use the language contained in the.following Figure 1 for bid specifications and cenhacts,
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 wverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll arnoums 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 ott the project, so the
governmental 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 fot the duration of the project and for one
year thereafter
(6) notify the governmental 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 Hiles. This ~tice must be primed 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 requite 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
Ure project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
ofthis section;
Page 4 of 11
(D) provide the connector, 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 wverage 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
(lI) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(H) 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 ofthe
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 connector
to adminisnative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to tbe 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 wverage, prior to Ure other person beginning work on the project; and
(B) prior to the end oftlre 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
(~ retain all required certificates of coverage on file foz the duration of the project and for one
yeaz thereafter;
(~ notify the governmental enflty 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) conhactually require each other person with whom it contracts to:
(A) provide coverage based on proper reportirrg 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 tbe 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 crurent 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 projcet; 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
year thereafter;
(G) notify the govemmental 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
(I~ contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A}(G) of this paragraph, with the certificate of coverage to be
provided to the person for whore they are providing services.
(f) If any provision of this rule or its application to air person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this Wile that can be given effect
without the invalid provision or application, and to this end the provisions of this role are
declazed to be severable.
(g) T7ris rule is applicable for building or wnstnrc6on contracts advertised for bid by a
governmental entity on or after September 1, 1994. Tlils rule is also applicable for those building
or constmction 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 wverage 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 Statutes,
Article b675c, §4(j).
(i) The coverage requirement in this nrle 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 I.egislalure, 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 b, 1995, 20 TexReg 8609
Page 7 of 11
T28SI 10.110(d)(7)
"REQUIRED WORKERS'COMPENSATTONCOVERAGE"
"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. T9t1s includes persons
providin& hauUng, or delivering equipment o~ 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 572-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage."
Page 8 of I 1
Tzssllo.l lo(c>~~
Article _. Workers' Compensation Insurance Coverage.
A. Definitions:
Certifcate of coverage ("certifecate")- A copy of a certificate of i»surance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TR'CG81, TWCG
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 tke time from the. beginning ofthe work on the project until the
contractor's/person's work o» the project has been completed and accepted by the governmettal
entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all persons
or entities performing aU 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
any 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 lobor, transportafian, 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 classification codes and
payroll amounts and filing of any 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 cernficate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new cernf cafe 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:
(I) a certificate of coverage, prior to that person beginning work on the project so the
governmental entity will have onJile cerl~cates of coverage showing coveragefor all persons
providing services on the projeca,• and
(2) no later than seven days after receipt by the contractor, a new certijkate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends durit~ 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 o»e year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail orpersonal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially a8"ects the provision of coverage of any person providing services on the project.
H. The 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, attd stating how a person may verify
coverage and report lack of coverage.
I. The contractor shall contracntully require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements ofTexas Labor Code
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project,•
(2) provide ta the contractor, prior to that person beginning work on the projecK a certificate of
coverage showing that coverage is being pt»vided for all employees of the person providing
services on the projecS for the duration of theproject,•
(3) 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;
(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 ors the current certi, ficate 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 thereafier,•
(6) notify the governmental entity in writing by certified mail orpersonal delivery, within 10
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
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage ta 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 ojthe 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-
Page 10 of 11
Insurance Regulation. ProvidingfaLse 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 ojthese provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void ijthe contractor
does not remedy the breach within ten days after receipt of notice of breach from tke
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
SVASTEDIATER 3ERVICB LINE RSPAIR AND CLSAN-O9T INSTALLATION PROGRAM
FY 2008 - 2009
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
Sealed proposals will be received in conformity with the official advertisement
inviting bids for the project. Proposals will be received in the office of the
City Secretary, located on the first floor of City Hall, 1201 Leopard Street,
until 2:00 p.m., Nedaeaday, December 10,2006. Proposals mailed should be
addressed in the following manner:
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL-9PASTSWATSR SSRVICS LINE REPAIR AND CLSAN-ODT
INSTALLATION PROGRAM FY 2008 - 2009 PROJSCT NO. 7434
There will be NO pre-bid meeting for this project.
No additional or separate visitations will be conducted by the City.
A-2 Definitions sad Abbreviations
Section B-1 of the General Provisions will govern
A-3 Description of Proiect
This project consists of the locating and excavation of existing service lines;
replacing approximately 2000 linear feet of wastewater service lines from the
_ clean-out to the bend or City main; incidental main line repairs if required;
installation of approximately 150 new PVC clean-out assemblies; televising
service lines to City mains, inspecting condition of main, ten (10) feet in both
directions from existing or replaced main taps, when main is exposed and
accessible; backfill, other appurtenances and site clean up, in accordance with the
plans, technical specifications and contract documents.
A-4 Method of Award
The bids will be evaluated based on the Total Base Bid.
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City'.s opinion, is most advantageous to the
City and in the best interest of the public, subject to the availability of
funding.
Section A - SP
(Revised 12/15/04)
Page 1 of 21
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. SYs Sid Hoad (NUat reference -IASTENATER SERVICE LINE REPAIR AND CLEAN-OOT
INSTALLATION PROGRAM PROJECT NO. 7434, as identified in the Proposal)
(A Cashier's Check, certified check, money order or bank draft Prom any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Time oP Comoletion/Liouidated Damages
The working time for completion of the Project will be 270 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 Norkera 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 perfoxm
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-S Faxed Proposals
Proposals faxed directly to the City will be considered non-responsive. Proposals
must contain original signatures and guaranty and be submitted in accordance with
Section H-2 of the General Provisions.
Section A - SP
(Revised 12/15/09)
Page 2 of 21
A-9 Acknowledgment o£ Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be interpreted
as non-receipt. Since addenda can have significant impact on the proposal,
failure to acknowledge receipt, and a subsequent interpretation of non-receipt,
could have an adverse effect when determining the lowest responsible bidder.
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for heavy construction.
Minimum Prevailin Wa a 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 sad 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 10/20/08)
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 the Dig Tess
_ _ System at 1-600-344-8377, the Lone Star Notification Company at 1-800-669-8344,
and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience,
the following telephone numbers are listed.
City Engineer 626-3500
Project Engineer, Felix Ocanas 851-1203 (549-4576 after hours)
Traffic Engineer 826-3540
_ _ Police Department 882-1911
Water Department 826-1880 (880-3140 after hours)
Wastewater Department 826-1818 (880-3140 after hours)
WW Work Coordinator
Gerald Garcia 826-1831 (826-5251 after hours)
Gas Department 885-6900 (885-6900 after hours)
Storm Water Department 826-1881 (880-3140 after hours)
Parks & Recreation Department 826-3461
Streets & Solid Waste Services 826-1970
AEP 299-4833 (361/693-9444 after hours)
Section A - SP
(Revised 12/15/04)
Page 3 of 21
Signal/Fiber Optic Locate
Cablevision
ACSI (Fiber Optic)
CenturyTel
ChoiceCom (Fiber Optic)
CAPROCK (Fiber Optic)
Brooks Fiber Optic (MAN)
A-12 Maintenance of Services
857-1996
857-5000
887-9200
225/214-1169
881-5767
512/935-0958
972/753-9355
(857-5060 after hours)
(Pager 800-729-3629
(225/229-3202 (M)
(Pager 850-2981)
(Mobile)
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,
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 o£ 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 o£ 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. All weather access must be
provided to all residents and businesses at all times during construction. the
.,..._
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, 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.
Al]. costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
Section A - SP
(Revised 12/15/09)
Page 4 of 21
A-14 Construction Equipment Spillage 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
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 o£
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.
n~~ ~' sad as-pha't w'th'n the
,.,,
r„ ..... ..........9 ~....- net lim'ted te~#ne, da4vewaps, s'dewal-1FS,
t t n ' a~-~a ~~~--- a '~-te the b` d `tem €e~ St eet E*eavat' ea-;-
A-16 Disposal/Salvage. of Materials
Excess excavated material, broken asphalt, concrete, broken culverts,
construction debris, brush, vegetation 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. The Contractor will ensure all materials not retained
by the Contractor suitable for disposal at a municipal landfill will be
transported to the City of Corpus Christi Landfill for disposal. All disposal
charges, fees and taxes will be the responsibility of the Contractor.
A-17 Field Office (NOT USED)
...
~~Y ___- _ ____ __
^": " "" K '"`-~#e~d-epee-mast-eerr€a' n at eastc 2-0
aq;.___ F..,..- _F useab}e sgaee 'r,... F: ,. _rr _ 'r ~ a na `3evz-mod
""' `"' `.."-: ~`-~~`~ -, : ^a '-ab' a that-measr~~es at €east S9 ~ 69~„d
€.,,~)~a "'"'` ""~ -ha'€ ~rteve the €#e~d a€€~ee en the
'"""' '.°-` '"_`-..~-F-- slab ansirering eerviee3 and F71,
,,, _ +~., .~-- -ter m,.__^
A-18 Schedule and Seq uence o£ Construction (NOT USED)
Section A - Sp
(Revised 12/15/09)
Page 5 of 21
~ . T-~i.' 4xcivrrv2~P . .
_. __...__ __ ____ ___s -__~______ ______ ._. __
Fr.
~~~..},._s-~~i~l..~~~: Skew rr~-,__, r4r ~ rF rr_~ ti.. ..,.4;__: 4..
__ _ _ _ ~13e•••.-.coo-Hurt r~r
aetZ'PZTSeS• T.i r..4: F.. 4L.r F: ..r} r~,L .J -... ..F .. -...1.
.. L....: 4 .. l T~.a :.. .. L....: }} .. l .i ,F rr ..a Fr.^ - l l .. L....: 44..1 r
9. Re Subm~ss~en. ~--- _-` ---`--- --„_-- _s .
A-19 Construction Project Layout and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, baselines, etc. that are normally required to construct a
project of this nature.
[~laje~~swe-E-~ s~~qe-~r-pr~jt~e~1,T:._~.`_: ..- -
The Contractor shall furnish all lines, slopes, grades and measurements necessary 'i
£or control of the work.
Section A - SP
(Revised 12/15/09)
Page 6 of 21
Following is the minimum schedule of documentation required:
~T
~~~~
-
_''
_
line
*
S~
Wastewater
• All rim/invert elevations at manholes;
• All intersecting lines in manholes;
• Casing elevations (top of pipe and flow line) (TXDOT and RR permits).
;:-a~a
~L' ,
.1~..
r~
A-20 Testing and Certification
All tests required under this. item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must be
done over after corrective measures have been taken, and the cost of retesting
will be borne by the Contractor and deducted from the payment to the Contractor.
The Contractor must provide all applicable certifications to the City Engineer.
A-21 Project Si s
(NOT USED)
A-22 Minority/Minority Busineas Enterprise Participation Policy (Reviaea 1o/5e>
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 £or Minority Business Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein providedwhich has been awarded
a City contract.
Section A - SP
(Revised 12/15/09(
Page 7 of 21
the foregoing under contract with a prime contractor on a City
contract.
Minority Business Enterprise: A business enterprise that is owned and
controlled by one or more minority person(s). Minority persons
include Blacks, Mexican-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:
Owned
(a) For a sole proprietorship to be deemed a minority business
enterprise, it must be owned by a minority person.
(b) For an enterprise doing business as a partnership, at
least 51.0$ of the assets or interest in the partnership
property must be owned by one or more minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0$ of the assets or interest in the corporate
shares must be owned by one or more minority person(s).
Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0$ or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other monetary
distribution paid by the business enterprise.
Minority: See definition under Minority Business Enterprise.
Female Owned Business Enterprise: A sole proprietorship that is owned
and controlled by a woman, a partnership at least 51.0$ of whose
assets or partnership interests are owned by one or more women, or a
corporation at least 51.0$ of whose assets or interests in the
corporate shares are owned by one or more women.
Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof, --
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may satisfy
the stated MBE goal cannot exceed the proportionate interest of the
MBE as a member of the joint venture in the work to be performed by
the joint venture. For example, a joint venture which is to perform
50.0$ of the contract work itself and in which a minority joint
venture partner has a 50.0$ interest, shall be deemed equivalent to
having minority participation in 25.0$ of the work. Minority members -
of the joint venture must have either 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:
Section A - SP
(Revised 12/15/09)
Page 8 of 21
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 $ 15 $
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
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
Engineer. The Contractor i;
female participation, by
Project. Along with the rec
Contractor will indicate,
these areas which have been
monthly or final payments t.
weekly payrolls in a timely
information as required.
bi-weekly payroll submittals to the City
to indicate the percent of minority and
trade, which has been utilized on the
(asst for final payment on the Project, the
in writing, the overall participation in
achieved. The City Engineer may withhold
~ the Contractor for failure to submit bi-
fashion or to submit overall participation
A-23 Iaepectioa Required (xeviaed 7/5/00)
The Contractor shall assure the appropriate ~~ inspections by the Building
Inspection Division at the various intervals of work for which a permit is
required and to assure a final inspection f`- '-••"'- -
^aPP~-am'~: Section 8-6-2 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-3-4 of the General Provisions is changed to read
as follows:
"NO surety will be accepted by the City from any Surety Company who is
now in default or delinquent on any bonds or who has an interest in
any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. if performance and payment bonds are in an amount in excess of
ten percent (10&) of the Surety Company's capital and surplus, the
Surety Company shall provide certification satisfactory to the City
Attorney that the Surety Company has reinsured the portion of the bond
amount that exceeds ten percent (10&) of the Surety Company's capital
and surplus with re insurer(s) authorized to do business in the State
of Texas. The amount of the bond reinsured by any reinsurer may not
exceed ten percent (10&) of the reinsurer's capital and surplus. For
purposes of this section, the amount of allowed capital and surplus
will be verified through the State Board of Insurance as of the date
of the last annual statutory financial statement of the Surety Company
Section A - SP
(Revised 12/15/09)
Page 9 of 21
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 Exemption (NOT USED)
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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:
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
~~ 3. Number of days advance notice: 30
Section A - sP
(Revised 12/15/09)
Page 30 of 21
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 i30) 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)
~P~'8j2e-~--6)=wet'-k. $i~].l de 2' ~ 9~~9-]£~--I Rl33t-~e--3I~~41~ R39~£„ a~vrn••.•••
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A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform its
obligations under the. proposed contract, then prior to award, the City Engineer
may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to pay
for services or materials supplied against any of its projects begun within
the preceding two (2) years. The bidder shall specify the name and address
of the party holding the lien, the amount of the lien, the basis for the
lien claim, and the date of the release of the lien. If any such lien has
not been released, the bidder shall state why the claim has not been paid;
and
2. Whether there are any outstanding unpaid claims against bidder for services
or materials supplied which relate to any of its projects begun within the
Section A - SP
(Revised 12/15/09)
Page 11 of 21
preceding two (2) years. The bidder shall specify the name and address of
the claimant, the amount of the claim, the basis for the -claim, and an
explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a financial
statement, prepared no later than ninety (90) days prior to the City Engineer's
request, signed and dated by the bidder's owner, president or other authorized
party, specifying all current assets and liabilities.
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: _
I. 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 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 o£ 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 Contraat" Requirements
Onder "General Provisions and Requirements for Municipal Construction Contracts"
Section B-3-1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base-Bid only)
must submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values, which specifies estimates of the cost for each major
component of the work;
Section A - SP
(Revised 12/15/09)
Page 12 of 21
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,
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 o£ 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-7-13;
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. Within five (5) days following bid opening, 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 contracts on behalf of said entity.
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
Section A-- SP
(Revisetl 12/15/09)
Page 13 of 27
$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. "--`--~`-- ' a_a
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given to
addenda issued during the bidding phase of the Project, second precedence will be
given to the Technical Specifications, third precedence will. be given to the
Special Provisions, fourth precedence will be given to the construction plans,
fifth precedence will be given to the Standard Specifications and the General
Provisions will be given last precedence. in the event of a conflict between any
of the Standard Specifications with any other referenced specifications, such as
the Texas Department of Public Transportation Standard Specifications for
Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be
given to addenda, Special Provisions and Supplemental Special Provisions (if
applicable), construction plans, referenced specifications, Standard
Specifications, and General Provisions, in that order.
A-35 Ci ty Water Facilities: Special Requirements (NOT USED)
Section A - SP
(Revised 12/15/09)
Page 19 of 21
~±3~E-Fash ~E~::~_~t ~~ '~~~ -.--~n~- 6er~A-r~a-ems.-~,ls--em~~eyees, aQe~s-ems
..L....~~.• L... ...i ~. l l ~.} }L... F....: l
L... /.~~. i~ac~ cvf-. ~F..... ^YL. ..II 1..... ~.
si`,=~&1-awing ta~as#:~-,~-,~a~~evred. '~He ~~P
Section A - Se
(Revisetl 12/15/09)
Page 15 of 21
~
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A-36 Other Submittals
Shop Drawing Submittal: The Contractor shall follow the procedure outlined
below when processing Shop Drawing submittals:
Quantity: Contractor shall submit number required by the City to the
City Engineer or his designated representative.
Section A - SP
(Revised 12/15/09)
Page 16 of 21
g'
n t .. .. l ^ 4..
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 o£ 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
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 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED)
!' T
`-' ` " ^s ` '' "'' g ` ' `shed by the e'tv add the €e era nq
Section A - SP
Revised 12/15/04)
Page 17 of 21
"Th_ C_. ti_,...t ., R1dSt e emg3~+-w#th the frty-e€ Ee~P as Ehr-is~ #'s~~
bens e~vati
en-and E}r'et~
ht n
--Elan as
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nd
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P3
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ee~~~ti-ens. The F#t3+--Enq ~~eer w~p~~ev-#de a eepy--9f }; ~--2}as--t~- =~-er~aaRO=
ni -, r ~... n...., ,...~ rs.-.....~... .
A-38 Worker's Compensation Coverage for Building or Construction Pro]ects for
Government Entities
The requirements of "Notice to Contractors 'B"' are incorporated by reference in
this Special Provision.
A-39 Certificate o£ Occupancy and Final Acceptance (NOT USED)
Amendment to Section B-S-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts Section
B-8-6: Partial Estimates is amended to provide that approximate estimates from
which partial payments will be calculated will not include the net invoice value
of acceptable, non-perishable materials delivered to the Project worksite unless
the Contractor provides the City Engineer with documents, satisfactory to the
City Engineer, that show that the material supplier has been paid for the
materials delivered to the Project worksite.
A-41 Ozone Advisory (NOT USED)
A-42 OSHA Rules 6 Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable OSHA
rules and regulations while performing any and all City-related projects and or
jobs.
A-43 Amended Indemnification S Hold Harmless
Under "General Provisions and Requirements for Municipal Construction Contracts"
B-6-21 Indemnification b 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, material man, 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, material man, 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,
Section A - SP
(Revised 12/15/09)
Page 1B of 21
attorneys, and agents £rom 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 o£ the contractor, or any subcontractor, supplier or material
man.
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. .
A-45 As-Built Dimensions and Drawings (7/5/00) (NOT USED)
b•)---F3ger-i-eempiet~en e° ea-h €ae" #t
:"
' ~ the eent~aete~ aim
t~-:....s
' i= £ a ma-3eed w#th~ed-geee}~Ee shes*-~
, , ~
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c.T .. , a..~ > t3
A-96 Disposal of Highly Chlorinated water (7/5/00) (NOT USED)
a •' • t ~ *: "" _-~' ".-~' , ,
n a€af,~eeed manne~6entamil3~an
_
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A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED)
'
~r r
r
Section A - SP
(Revised 12/15/09)
Page 19 of 21
sent~ae~e~ L-l l . ..G.~.n..~ ~-L ~L ~~ ~ - l I t
....Y.... ...
A-48 Overhead Electrical mires (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 CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are not. It
shall be the Contractor's sole responsibility to provide for adequate safety with
regard to overhead lines whether shown in the plans or not.
A-49 Ameaded "Maiateaaace Guaraaty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction Contracts",
5-8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available to
benefit the City of Corpus Christi. Neither the guarantee nor expiration of
the guarantee period will operate to reduce, release, or relinquish any
rights or remedies available to the City of Corpus Christi for any claims or
causes of action against the Contractor or any other individual or entity."
A-50 Amended "Prosecution and Progresa^
Under "General Provisions and Requirements for Municipal construction Contracts",
B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for any
reason, are not appropriated in anygiven year, the City may direct
suspension or termination of the contract. If the Contractor is terminated --
or suspended and the City requests remobilization at a later date, the
Contractor may request payment for demobilization/remobilization costs; such
costs shall be addressed through a change order to the contract."
Section A - SP
(Revised 12/15/09)
Page 20 of 21
SUBMITTAL TRANSMITTAL FORM
PROJECT: WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION PROGRAM
FY 2008 - 2009 PROJECT 7434
OWNER: CITY OF CORPUS CHRISTI WASTE WATER DEPARTMENT
ENGINEER: Felix Ocanas, Engineerin S Construction Mana ement Services
CONTRACTOR:
SUBMITTAL DATE:
SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - sP
(Revisetl 12/15/09)
Page 21 of 21
PART C
FEDERAL WAGE RATES
AND REQUIREMENTS
Page 1 of 2
General Decision Number: TX080037 07/25/2008 TX37
Superseded General Decision Number: TX20070039 -~
State: Texas
Construction Type: Heavy
Counties: Nueces and San Patricio Counties in Texas.
HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line
Construction and Drainage Projects)
Modification Number Publication Date
0 02/06/2008
1 07/25/2008
* SUTX1987-001 12/01/1987
Rates Fringes
CARPENTER (Excluding Porm
Setting) .........................$ 9.05
Concrete Finisher ........... .....$ 7.56
ELECTRICIAN ................ ......$ 13.37 2.58
Laborers:
Common ................ ......$ 6.55
Utility ............... ......$ 7.68
Power equipment operators:
Backhoe ............... ......$ 9.21
Motor Grader ..........
___________________________ ......$
________ 8.72
_____________________________
WELDERS - Receive rateprescribed 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
http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/21/2008
Page 2 of 2
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 d 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
http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/21/2008