Loading...
HomeMy WebLinkAboutC2009-035 - 1/20/2009 - Approvedr` i r~ ~, _ r!, i. .r f~ ii t~ ~, r' ~~ t, ~I U ,~ e ~tl !' t/ P~ ~, iy !' 11 _ / ]I ~ ',' l1 ~, _ .. ~! ~~ (.r 1' i u ~. ~ i J RCM Constructors ----- - 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) _a ..,..,,,.. Pc~rrt~ae~te~-mrr "',. , ~~ , 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 _____ __ r__________~ _.__._ __ ___1 ___~ _____ _______ ...i ...,...... ~. ___,. rw_. .. -___ ____ __ ______ ___r __1 ___ _.___ ___._ _._ __.___ 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-~~~ ~a.`~~a=.er3a~s~-~x~e~~~ e ~ ser ve::~s -,-__..°.° ,..L- L J t ' '---`- --- - - .. ~.... n L L- ,l l L~ .. i i ,.. ,. ~. ., i i ~.....Y 53 ...J _ -.l, 4v~~~.L~~ nnonwnr m~rnw, ` ~ri_ ~ i~ ~ i ~, _ a a...~t a c -- n. ... F ..... l i + S.i.. :4 ~~-~~ F....~1 Section A - SP (Revisetl 12/15/09) Page 15 of 21 araeE#ea~- . _ -- -~--~ _---- -sue- ~---- -- _ .~..`~: Ewe--gem€ar_~--~ '-,,- N. 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 "The Fent~a ete~must e erngiy--w-rth the F~ty-e€ 6e~Pas 6h 's t' s teiater 1 =Per+1=}ngene~+-Pan a~am eded Fth P ' e an--) This _.,~:. nom.. c,. ,. a _...,.-. i i : a_ :~~ ,._ Rl +h *~ ^ 7 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) t ~-,.-`' . ' `l' ""'' i ' € ^;~}" _ n s reet~~ - w~h-e~a e- set e€ d l l .., .J ~.....; ~..~.. ..l l ..l ...i.. _ F..l l .. n4 ...i T ~-v_ - eT• " „ .l^._ t ' _„ rF-., ,c.l1 P)a me (~) a e P (C) .. ,. ,. ,.1. ..~,., ... ., ., A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) 1L.1 .. F..... .J; .. ,l .~F .mil-e.~ ...i F.... er~ri s-si-t~e~-im~t~s €e~ d~seharge , __.,,. .. ~--t-1~=--- l l.. . g ex+ serts3t~ae a eas "l' "'' '"" F...- .A • , F - 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) r ('; ~. .r ,i f~, ~, _~i if ,i. r~ r i] A4 ~~ R. I~ d R U f A 1~ F li ~? • 11„ _ ,. ~- _ ..~~~ 1,. A~ ~~ u 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) 1 l .. ~. L...4: } ...J l }ti.........L , .. t .. s..i^~. ...i 1... . . L... l l O t F: .. _ ~l 3 r r O }th e k id t C~ t ~es e€ mate~a' '-ve`ees to st~H s-ta»"ate "- e g y-w BrBV e e- - - .., .. , .... .. F ... .. l erate wade- a se a~ated een } t~aet- ~^ •^} ~.A. P e ep 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••.••• E ^ -a ` " ~ = ~~ -n~S-t;- T2S533'~ ' ` = ~" '~ ^ la ' om pay zacv-o~-+. v5 - z ~- j _ __ - -=^.__ __ _ ___.. ~nee-se er-a e i- ~ ae-led=: --a- = eeek3etib -- '£~he 6}{- le ____., t ~- - srrr v g , ,9 , r~ y Res . ,.Q,.. ~ 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 ~ ~ ' ~ aneat s..l l .. -. ss.~.i ~... ~ - .1 _ ~^d - ms~z~p In3 n a ESe Ike Pe m a .:. epa`~, eat ~13 ' ~ € ' h ~ate, _a +~^ ..~^_ _ Y n` eh e a~ment 1A1]3 e1]~9 _ ~ E"''' ~ Bf~e n a I g s ' ' lu, +ti: ea~ 23Eten~ t0 Ehe ma3E EEIYHA-p'"a et ... _... .. a ` ' '~' B °'-^..^ ",+ t th ..,- m,- .,+... ..+ ni,nt En e~-per e~ 8 Pt anee a e < v at'nE sah=eh EentraeEe ' a e~ s~xb^^^+~~^+^;= a e J a a 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 6enti ene m nd d " P3 E=h ~ 'Fhi - g g - y a e e e ~ m ~ s 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*-~ , , ~ ~M ~...~ ~~ E~3 e'-- -. , ..,a .... 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 _ t__ _ ,-- _ ~,,,. , ": -11 r: g;:l; ,: ^~ ~ 3~ ' - - . . , ' „ ' ' " e a -water ased n the-Pre7 ~ eet The _i " ^ ~~ ~- -•• ~- ~'~ ted to the-E=ty-€e- a~greaa The a _h}e ~~' ' t d t 6 slla}} be ~ r na e lra e~ enE~aete~~k F__ ", ~Y~ sE 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