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HomeMy WebLinkAboutC2009-247 - 6/9/2009 - Approved,~ 2009-247 M2009-164 ~.. 06/09/09 .~' H&G Contractors i,'. ~ _- S P E C I A L P R O V I S I O N S _-- .r ~r: S" P E C L FICA T I O N S j ; - A N p l~ - - {~ ~' O R_ M S O F C O N T RACT S A N D _B O N D" S ii ;, F O R r~ ~, ('; , 1: f~ . l (Revised 7/5/00) UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities SECTION A - SPECIAL PROVISIONS A-1 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 A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 ~ej-eel-63§a9- - NOT IIaBD A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds A-25 °^'^^ '^'° NO LONGER APPLICABLE A-26 Supplemental Insurance Requirements A-27 n ............: s.: ~: ~.__ a,,... r ,. ni ^:..,.. _ NOT IISSD 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 A-35 ~__~ '°--- '-------°' -~----- -'-_----'----- - NOT IISBD 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 TOC Page 1 of 3 A-39 ~___:_~.___.. __ ____=___r ,....- __.._- ..______..__ - NOT IISED A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless A-44 Change Orders (4/26/99) A-45 As-Built Surveys and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Trench Safety A-51 Errors and Omissions A-52 Lack of Information A-53 Electronic Bid Submittal A-54 Measurement and Payment of Subsidiary Items of Work A-55 ^_..~:-- - NOT IISED A-56 Storage, Access and Security A-57 Stormwater Pollution Prevention A-58 __..._-__-, --_-- ..__-- ----____--- -_-__-- - NOT IISED A-59 Maintenance and Control of Wastewater Flows A-60 Dust Control A-61 Noise Control and Working Hour Restrictions A-62 Tree-R~al, ^--`^^" ^^ ^~a '^~~_-~^^ - NOT IISED A-63 Other Accessibility Requirements A-.64 Texas Commission on Environmental Quality General Permit Compliance SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATE AND REQUIREMENTS SECTION D - FEDERALLY REQUIRED LANGUAGE SECTION S - STANDARD SPECIFICATIONS 022022 Trench Safety for Excavations 023020 Jack Boring or Tunneling 026201 Water Line Riser Assemblies 026202 Hydrostatic Testing of Pressure System 026214 Grouting Abandoned Utility Lines 026411 Gate Valves for Water Lines 026413 Butterfly Valves for Water Lines 026416 Fire Hydrants 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures 027205 Fiberglass Manhole 050200 Welding (S-43) SECTION T - TECHNICAL SPECIFICATIONS T-000100 Submittal Transmittal Form T-021020 Site Clearing and Stripping ~~ T-021080 Removing Old Structures T-022020 Excavation & Backf ill for Utilities, Culverts & 5ewera T-022100 Select Fill Material T-022150 Cement Stabilized Sand T-022420 Silt Fence TOC Page 2 of 3 T-022422 Rock Filter.Dama T-023022 Split Casing T-025602 Temporary Traffic Controls During Construction T-026206 Ductile Iron Pipe and Fittings T-026210 Polyvinyl Chloride Pipe T-026402 Installation of Waterlines T-026409 Tapping Sleeve and Tapping Valves T-027602 Gravity Sanitary Sewers T-027610 Televised Inspection of Conduits T-028020 Seeding T-029000 Storm Water Pollution Prevention Plan T-028900 Biodegradable Erosion Control Logs T-055420 Frames, Gratea, Rings, and Covers T-070020 Asbestos Removal (S-1)~Jr LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: UTILITY RELOCATiONS FOR CARBON PLAN'P ROAD DIRECT CONNECTOR PROJECT ON IS 37; consists of the removal and relocation of approximately 465 linear feet of 12" wastewater line and removal and replacement of two manholes on the south side of IH 37; removal and replacement of approximately 20 linear feet of 12" wastewater line and removal and replacement of one manhole with a stubout and plug on the north side of IH 37; removal and relocation of approximately 1,460 linear feet of 16" PVC water line, 73 linear feet of ductile iron pipe, 60 linear feet of 24" steel casing, and 45 linear feet of bore and 24" steel casing; removal of approximately 270 linear feet of 8" ACP water lines and relocation and replacement of approximately 270 linear feet of 8" PVC water lines; removal and replacement of approximately 26 linear feet of 12" ductile iron pipe with 85 linear feet of 20" steel split casing; and 144 linear feet of 16" PVC water line with 122 linear feet of 24" steel casing; all with necessary appurtenances; and will be received at the officeof the City Secretary until 2:00 p.m. on Wednesday, June 3, 2009 and then publicly opened and read. Any bid received after closing time willbe returned unopened. A pre-bid meeting is scheduled for Wednesday, Nay 27, 2009 beginning at 10:00 a.m. and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, .1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 54s 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 $25,000.00 will result in forfeiture of the 5$ 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 aad no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The Bidder is hereby notified that the City has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and 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/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chaps City Secretary NTB Revised 7/5/00 Page 1 of 1 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: TYPS OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury aad Property Damage all certificates P8R OCCURRENCE / AGGR8GAT8 Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad 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-term 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 Notice to Contractors - A 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 acme 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-ll or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Notice to Contractors - A Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS 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 rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined iri 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 govemmental 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, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless 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 tamers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract. for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who aze 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 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 administrafive penaltes, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by pazagraph (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 yeazs thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (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 standazds of documentation: Attached ('iraphic Page 3 of I 1 (d) A contractor shall: (1) provide coverage for its employees providing services on a project,-for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the 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 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 rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services ~on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii). prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (I-I) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this pazagaph, with the certificate of coverage to be provided to the person for whom they aze providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personat 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 (S) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one 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 (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 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 aze declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who aze required pursuant to Texas Civil Statutes, Article 6675q 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 aze explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). Tlvs subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 Texl3eg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless o, f the identity of their employer or status us an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to ver fy whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 rassl lo.l lo~~>(~> Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the. commission, or. a coverage agreement (7'WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of arty entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, off ce supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and f ling of arty 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, jor 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 certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, f le a new certif cote 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 certiftcate 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 (2) no later than seven days of er receipt by the contractor, a new certif cate of coverage showing extension of coverage, if the coverage period shown on the current certif cote of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of arty change that materially affects the provision of coverage of arty person providing services on the project. H. 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, and stating how a person may verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classiftcation codes and payroll amounts and frling 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 of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certiftcate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain alt 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 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 to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certiftcate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classiftcation 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 Se f Page 10 of 1 ] Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I1 of 11 SECTION A SPECIAL PROVISIONS UTILITY RELOCATION3 FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 PROJECT NO. 6456 SECTION A - 3PECIAL PROVISIONS A-1 Tima and Place of Receiving Proposals/Pre-Bid Nesting 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. on Wednesday, June 3, 2009. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - UTILITY RELOCATI01 PLANT ROAD DIRECT CONNECTOR PROJECT ON ,.. .CT NO 6456 A pre-bid meeting is scheduled for Wednesday, Nay a.m. The pre-bid meeting will convene in the Services Main Conference Room, Third Floor, City Corpus Christi, TX. The pre-bid meeting will be will include a discussion of coordination of the the Bidders. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project 27, 2009 beginning at 10:00 Department of Engineering Hall, 1201 Leopard Street, conducted by the City, and work between the City and UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37; consists of the removal and relocation of approximately 465 linear feet of 12" wastewater line~and removal and replacement of two manholes on the south side of IH 37; removal and replacement of approximately 20 linear feet of 12" wastewater line and removal and replacement of one manhole with a stubout and plug on the north aide of IH 37; removal and relocation of approximately 1,460 linear feet of 16" PVC water line, 73 linear feet of ductile iron pipe, 60 linear feet of 24" steel casing, and 45 linear feet of bore and 24" steel casing; removal of approximately 270 linear feet of 8" ACP water lines and relocation and replacement of approximately 270 linear feet of e" PVC water lines; removal and replacement of approximately 26 linear feet of 12" ductile iron pipe with 85 linear feet of 20" steel split casing; and 144 linear feet of 16" PVC water line with 122 linear feet of 24" steel casing; all with necessary appurtenances. A-4 Nethod 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 lowest bid. aeatioa A - 8P (Revised 12/15/04) Page 1 of 29 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Sid Bond (Must reference DTILITY RBLOCATION3 FOR CARBON PLANT ROAD DSRRCT CONNECTOR PROJBCT ON I8 37; PROJBCT No 6456 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. The information required and identified by Sections A-28, A-29 and A-30 of these Special Provisions*. *In order to expedite the A/E's recommendations for award, Bidders are to provide the requested information with their Proposal. A-6 Tame of Com -etion/Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet deadlines for completion of each phase of construction shown below. The project has been divided into three phases. The Contractor is required to complete each phase except where noted before proceeding to any other phase, unless written authorization is given by the City Engineer to deviate from the sequence of construction. Time duration for construction is allocated for each phase, and if the work in that phase is not complete as shown below, liquidated damages will be assessed for each day that the work is delayed. The time duration for each phase is transferable between phases. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified by the City. The working time for completion of the Project if Stages are completed in sequential order will be 60 Calendar Days. Substantial completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified by the City. Days Allocation for Rains The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Corpus Christi international Airport is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days February 3 Daya March 2 Days May 4 Days June 4 Days July 3 Days September 7 Days October 4 Days November 3 Days Section A - 8P (Revlaed 12/15/09) Page 2 of 29 April 3 Days August 4 pays December 3 Days This project is essentially a construction contract for a period of 60 Calendar Days, as detailed elsewhere in the contract documents. After contract award and pre-construction meeting is held, 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, $1,000.00 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 from the monthly pay estimate the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensatioA 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 noE 'in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each Calendar Day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. in accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxad 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. 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 9ectioa A - SP (Revised 13/15/04) Page 3 of 39 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 and Highway Construction and Heavy Construction. In case of conflict, contractor shall use the higher wage rate. 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 (1.5) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/2006) 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 Teas System 1-800-344-8377, the Lone Star Notification Company at 1-800-669-6344, and the Southwestern Bell Locate Group at 1-800-628-5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Company Traffic Engineer Police Department Water Division Wastewater Services Div Gas Division 826-3500 Goldston Engineering, a CH2M Hill 210 S. Carancahua, Suite 200 Corpus Christi, TX 78401 Phone: 868-8100 Fax: 888-8600 826-3540 882-1911 826-1880 (880-3140 after hours) 826-1818- (880-3140 after hours) 885-6900 (885-6900 after hours) 9eotloA A - BP (Revised 12/15/04) Page 4 of 29 Storm Water Parks & Recreation Street & Solid Waste Services AEP SBC/ATT Verizon Dig ALERT City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision Regional Transportation Authority (RTA) A-12 Maintenance of Sarvicea 826-1881 (880-3140 after hours) 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424 after hours) 1-800-463-6279 826-1946 826-1960 857-5000 (857-5060 after hours) 289-2712 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings or not, the Contractor shall make the necessary repairs to place the utilities back in service and 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 utility. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. it is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material. The temporary pavement shall include an asphalt surface. The Contractor must maintain a stockpile of materials on the Project site to meet the demands of temporary driveways and/or roads. 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, section A - SP (Revised 12/15/04) Sage 5 oP Z9 construction of temporary ramps, etc. Special attention is drawn to Traffic Control Plana and special details for residences and businesses. 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. A-14 Construction Equipment Spillage aad Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm drain system. No visible material that could be washed into storm drain is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, structures, sidewalks, etc. are to be considered subsidiary to the "Demolition and Miscellaneous Site Preparation" bid item. A-16 Disposal/Salvage of Materials Excess excavated material, asphalt, concrete, pipes, culverts, structures, trees 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 and disposal is considered subsidiary; therefore, no direct payment will be made to Contractor. Water line valves and manhole ring and covers will become the property of the City, and the Contractor shall deliver these items to the City utility yards per the Engineer's instructions. A-17 Hield Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office moat contain at least 120 square feet of useable space. The field office must be air- conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 9eCtioA A - aP (Revised 17/15/04) Page 6 of 79 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet deadlines for completion of each phase of construction shown below. The project has been divided into three phases. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified by the City. The Contractor shall submit to the City Engineer a work plan based only on calendar days for construction of the entire project --° °--'--- '-•- '-`- G ....,__ _~ ___~ _ti....,. This plan must detail the schedule of work €ea shall be structured to meet all of the requirements specified in Section A-6 "Time of Completion/Liquidated Damages", and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The working time for completion of the Project if Phases are completed in sequential order will be 60 Calendar Daya. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified by the City. Time duration is for Total Job. The plan must also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate Phases and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Zt is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner ae shall be the most conducive to economy of construction, subject to the following conditions: Section A - aP (Revised 13/15/04) Page 7 0£ 39 A. The schedule of construction shall be structured to ,meet all requirements of Section A-6 "Time of Completioa/Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. E. The contractor must concentrate initial efforts to complete the 16" waterline and clear the way for other work to be completed in the area by other contractors. F. The Contractor must provide solid waste pickup services whenever access by the normal service is blocked by construction activities (the Engineer must be notified 5 Calendar Daya in advance of any solid waste pickup service disruption). See Section A-58 for additional information. J. At least one driveway access to any business must be maintained at all times. K. Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 a.m. or continue after 6:30 p.m. without prior approval from the Engineer. A-19 Construction Project Layout and Control The drawings may depict but not necessarily include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and a minimum of two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged ae a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. if, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to -deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. eectioa A - SP (Revised 12/15/04) Paga 8 of 29 The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. Any discrepancies shall be noted by the Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: All curb returns at point of tangency/point of circumference Curb and gutter flow line - both sides of street on a 200' interval; Street crowns on a 200' interval and at all intersections. wastewater: All rim invert elevations at manholes; All intersecting lines in manholes; Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: All top of valves box; valves vaults rim; Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: All rim Invert elevations at manholes; All intersecting lines in manholes; Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Locations of all pipe bends. See Special Provision A-45 for additional requirements. A-20 Testing and Certificatioa All tests required under this item must be performed by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of re- testing 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 ^-':-~oo~ya~ (NOT IISSD) `t ~ t.. s. ' n Aetaehmen~ ~ T-he-s' C^^_° ..a ~i...,.....i.. i ,.M.. .2 t 1 _6,1 ~~ ~~- 9eCtlon A - 9P (Revised 12/15/09) Page 9 of 29 A-22 Minority/Minority Suaiaess 8aterpriae Participatioa Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1969, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime Contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persona 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 buainesa 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 buainesa 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 eectioa A - 9P (Reviee8 12/15/04) Page 10 of 29 51.08 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. 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 51.08 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.08 of whose assets or interests in the corporate shares are owned by one or more women. 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 50.08 of the contract work itself and in which a minority joint venture partner has a 50.08 interest, shall be deemed equivalent to having minority participation in 25.08 of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business 8ntarpriae (Percent) Participation (Percent) 45$ 159c 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. c. To comply with State requirements, the goal for participation by Disadvantaged Business Enterprises (DBE) certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award is 58. This 58 goal could also apply toward the MBE goal. 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. Section A - 9P (Revised 12/15/04) Page 11 of 29 b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas, which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection aft=° `w- w~?'a'_--- '_~ eeiRgle6ed~:n,~~eady-far~~eag~e}~. Can~sR-tar~..ay~-o^'^~~~.~~`.c .,c~..ificut~.~€ Geexganey; when applicable. 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 sonde Paragraph two (2) of Section 8-3-4 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 (108) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has re-insured the portion of the bond amount that exceeds ten percent (108) 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 re-insured by any re-insurer may not exceed ten percent (108) of the re- insurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of insurance as of the date of the last annual statutory financial statement of the Surety Company or re-insurer 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 meet 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 re-insurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or re-insurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Salsa Tax 8xemption (NO LONGER APPLICAHLB) Section A - 8P (Revised 12/15/04) Page 12 of 29 _ a_,~4..a 4r -.a 4,.., Beet#ea-n-6--22, f..l ,... .~_.- ....1...4:4 ..a 1:... • «6e1L^~ ..ava ~,a, 41.. . ..L ..F 4 ,_ ..1.,, - =-..F see€tert 3-2.91 e€ Eha p~es 3, € Tam } .," ,, - -- ~- ,=h2 e~ca3--izaRrxnis€ra ve EeE t e, _ „a 1... ..1..,, t . i en s - ' she S ' '` ""'",.. ,_a 2 ~e aee a s s ~ _a.... +«va .. «...-..4 1... ~ ears are egg#b9e e~ sa' es ta3E e~~MP reealz-eer~E#€€eate Ee the - - '_a 4,, r n A-26 Supplemeatal 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 than a to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) Calendar Days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) Calendar Days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all Section A - SP (Reviae8 12/15/04) Page 13 of 29 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 insurapce 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 II3SD) _~ ____ _________ _r __ ____ she Pre}set er wer3E B ril __________~ -___ ____ ____ ___r _______i ____r _~ ~s~i~ 3c-- v ~ - t~ "-~;r . r e e se e~age mua aa ~#ale #ns~xrane ev ra e i i- din ~ d Ei~l ""-- ^: ~.. ~ '-- e B e g , n med d~~z~ l a g any e n e ue e. l€ € #d# h i ..,. a .a ~:~oare ~_ an~n'~e e es~rev ng sas ~ns~ranee A-28 Coasideratioas 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 i/- 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 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. 9ectlOa A - aP (Revised 12/15/04) Page 19 of 29 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 of field administration staff 1a a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract adds 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 - 9P (Revised 12/15/04) Page 15 of 29 4. A schedule of anticipated monthly payments for the Project duration; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firma, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13. 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) authorised to execute contracts on behalf of said entity. A-31 Amended Policy on 8xtra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-B-S 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 seotioa A - 8P (Revised 12/15/04) Page 16 oP 29 of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders, which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended 8xecution 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. Contractor is reminded to attend the Pre Sid Naeting referred to in Special Provision A-1. 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 Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the City Standard or Technical Specifications, and the General Provisions will be given last precedence. In the event of a conflict between any of the City Standard or Technical Specifications with any other referenced specifications, such as the Texas Department of 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, City Standard or Technical Specifications, and General Provisions, in that order. A-35 Cit Water Facilities: B ecial Re irements (NOT IISSD) 1 , .. ..___ ~_.--~..... ..,h Flll P}1 8ectlon A - aP (Revlead 12/15/ad) Page 17 of Z9 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 the electric utility company and inform the electric utility company of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty' (s/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 Trench Safety If the Contractor's proposed construction methods require the excavation of any access pits, trenches, or other below ground operations, such work shall be in compliance with all federal, state and local requirements for trench excavation and safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety Plan" as shown in the proposal forms. A-51 Srrors aad Omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A-52 Lack of Information If the Bidder feels that there is insufficient information in order for him to prepare his bid and/or construct the work, he is required to make a written request for additional information. All costa associated with the pre-bid investigation shall be borne by the Bidder, with no compensation from v section A - sp (Aevlaed 37/15/04) page 74 of 29 L 4 the City. However, the Bidder shall not perform any investigation at the above project site unless a written request is submitted and approved. The Contractor shall not use the lack of information as a basis for requesting extra compensation. A-53 Electronic Sid Submittal The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated print-out in lieu of the Proposal (SHEETS: 1-19 OF 19), INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3-15 of 19). The print-out will be substantially in the form attached (Attachment No. 2). If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 16, 17, 18 and 19 of 19. In addition, the print-out will contain the following statement and signature, after the last bid item: ~~ (Contractor) certifies that the unit prices shown on this printout for bid items (including any additive or deductive alternatives) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid; and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) A-54 Measurement and Payment of Subsidiary Items of Work , Unless specifically included in the Proposal, the measurement and payment requirements indicated in the individual standard specifications for any work do not apply, and the cost of this item of work shall be included in the cost of the item of work to which it is subsidiary. ,.-~o;:a-ta;.~s -NOT IISSD ..l l a....-4 ...e}1.-a- ..41..... 41.-~ a Eeeg~he e3eeavat#en dam} a aPP~eved b} the Engineer --a ^w°'' '--'"a.. ..a i..--. -,-.... ..a Fl-.. ,.a - Section A - 8P (Revleed 12/15/09) Page 25 of 29 __ 4L..4 _t l...m F.~_ ..1....4 Fl..... a.n..s a..__ a.t_kt es eterm watea #nlet-Any},zrna8iae te-m:Lee€-€lew^is te-pa..~Qt-artx wa~_~--Few-area w}sere-gendiag~eeurs--;.at~rra}}~• w3the•~-lean#n~t-ke elee~gna€ed ~~Je area er bl a manmade--)3er-m-(s)--pr'-- __ <_g «L., _ °°ttl"'~"' - _9 eendn~t er #n}et Stesm vrater e~ uYe.. _. a.....4 _.. _L_l l __« L.. a: ....1 _......a «.. ..vi_._4 .. .............«.. •.241....4 __...~ _. ,a vv..v..v....a .a..waa ..vr u... T« LL_ 41_« a2 .._L__.._ a 4 -.l _..__J 1_• 3_«_ LL _... is-t__.~ ..9..=~ ..a ~~.-am-pze::=Qed thaw€he-c}ua3~€-y e€ greundwa~e~ #e ..l ... 1..4 c«L__ 41.. «1.. M1....._.... nL.. °y.: ~ .... ~a ..........~ ......,, .., , ~esE#~--e€-g~exndvva€er gtxa}#63 #s i;e be-der€errned h}~Ehe E#€}., - 41.. ., _eeE-gx#er to eemmeae#ng d#seharge and eha}} be retesEed h}Lt-he~it}+~-at-€He E#t•:3F-s--e*pense, a m#n#mum~€ eaee~aee#. Eerr€rae Ear-s:.1-}mac-oo~iaa€a~r€n the-C=ty~en a}} teat#ag. 3'ee€s~}}}-alas-area€e-rmed~a-sash-new-a-rea-e>= ecrc.4.......4 _a Anethe~ egties~e~ disgosa}-or-gr~unawate~h~ Eertt~aeter wetxl~ taelvide :..,}a#..:~ an:;s-and-traele#n3 to sa=.~#tar~ sewer er wastewater-P}ant, t}ie eeete €er-these eperat#ene e}ta~~He neget#ated. 9ther gasundwater diegesa} tae}s. P~'}6~' tB rmnpFy y v~iiacrncccx crcnc ~4'c-4crac-v&Tsiccs~~ciiCi 4L_ ..L..ll _ll_ ..14..2_ 61 Wit:.:: 4n.. ~ae~est~ -germ#t €e'em the Waste Water Bept. Q#t} w#}}-ga} €e~~ate~ ~ • ~ t_st#ng er water anal-ys3s east aeciu4aed- E>?~F • *_ -: l_l_ -----J --...- -- -=_~_=_ --- est#ma€e-e€-gretx~water-€lew. Srevrndwater-€lew ~~-~e-estimate~~°~>-#ay-i, '.:c=e-.,~ ..,.., vat~n~; -hPSi t9;eaeh-then. aeeerd~:ate~ lean}~1-r~t~}~;-€te~ eemg}et#en., na}}aw-t~-ei~t~aer-n#~;., reeard~:ater #eael~gain7-pamp~ale-;~ 4..______L_ a.,..• 4_ .. 1..1 a2__ 4-_l. .... •............ «..~....L «1 .... ...........a 1.... 1........ 24 4..1._.. «_ .e._~ .. J ..v u uusae. .a.J. caay i~}} > _. A-56 Storage, Accesa and Security The Contractor shall be allowed access to the project site via existing Street right-of-ways. Storage (laydovvn areas) for equipment and materials have not been identified. The contractor may make arrangements with the City on available City sites or provide a private location near the project at the Contractor's expense. At the end of each day's construction activities, the Contractor shall install temporary chain link fencing or other approved means to impede unauthorized access into the construction area (see Plan Sheet 113A of 117). The temporary fencing shall provide a positive obstacle against both pedestrians and vehicular traffic. The use of only orange safety netting will not be permitted. The temporary fencing shall have a minimum height of five feet. A-57 Stormwatar Pollution Prevention Due to the type and location of this project, stormwater pollution prevention (SWPP) ie critical, and improper implementation can have a negative impact on the adjoining street and private property. Strict compliance to TxDOT storm water pollution prevention shall be enforced and are shown on the Plan Sheets 27 through 29. In addition, if during the course of the project other minor SWPP items are required to limit or control soil erosion or transport of Section A - 8P (rtevseea ix/is/oa) Page x6 of 29 soil, then the Contractor shall implement these measures at no increase in the contract price. --__ ~._~ a a -- - -, , -... a .. - - - NOT IISED L i a -na ~' - ^~; -_a ~ eeertetraetien ~a)Ee---Plaee "'L- '^'°" ':12 el a ee3~eetien eerv#ee F}}erngted Fri _,a.ai~#en """ Ly, _ L n.., .... a.. T_ .. l ^ ~ ~ se~iee ~e~ ee~eemmenein~ Yae~)E the e--`--^"' ...._ ,.,._..^..^.aY.. ...1 the ueua ee~4Ei Waste ~ ,. "„""': "~'"` ~"_ .: a^ He err the same E1z} eehe nle ae the _.. -, -, : a -- - - ..a ~,._ -, ' g ea ee ias-a a The Pa7'ment to the Eentraeter °-° _ _: a: _.. LL L- 1..... ... l.ia a1^m- a ,~:1: ..L:.._ A-59 Mainteaance and Coatrol of Wastewater Flows The Contractor shall be responsible for maintaining sewage flows at all times within the existing sanitary sewer system, and shall not restrict access to residences or businesses. It shall be the Contractor's responsibility to coordinate with the City Wastewater Department regarding any modifications to the existing system flow patterns, such as rerouting flows or by-pass pumping. Any such system modifications will be subject to approval by the Engineer and the City Wastewater Department, and shall not interfere with the proper operation and function of the wastewater collection system, and shall not restrict access to residences or businesses. In general, the flow level of wastewater in the sanitary sewer system during construction shall be maintained equal or below that of existing conditions, unless prior approval is received from the Engineer and the City Wastewater Department. The Contractor shall neither expect nor anticipate assistance from the City Wastewater Departmeat Staff or operations personnel for the maiatenaace or repair of any bypass system iacorporated or utilized on thla project. The Contractor shall be responsible for any damage to residences or businesses caused by hie failure to maintain the usual sanitary sewer flow level. The Contractor shall be responsible for coordinating the review of any system modifications sufficiently in advance of proposed construction operations so as to avoid any delays in same. Sewage or other liquid shall not be pumped, bailed or flumed over the street or ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the City's stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes, or with flexible and/or rigid pipes placed in a covered trench. The pipe used for bypassing this flow shall be strong enough to resist any traffic load, and the size of the pipe shall be capable of handling the incoming discharge but small enough to not create hindrance to the traffic flow or create any blockage or accident. The Contractor shall be responsible for providing access to the private properties and streets and maintain a smooth traffic flow during the entire construction phase of this project. The construction and operation of temporary gravity flow lines, 9ecCioa A - 8P (Revised 12/15/04) Page 27 of 29 force main lines, pumping equipment, plugs, flow diversion structures, etc., required to maintain and control system flows shall be the responsibility of the Contractor. The construction of temporary gravity flow lines, force main lines, pumping equipment, plugs, flow diversion structures, etc., required to maintain and control system flows, and the repair of pavement and grass areas damaged by the construction, shall be considered subsidiary to the various sanitary sewer bid items in the Contract, and shall not be measured for payment. The bypass system, if utilized, shall be maintained on a 24-hour, 7-day per week basis throughout the operation of the bypass system. A-60 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings shall be adequately protected from dust. Monthly payment will be withheld if this provision is not followed. A-61 Noise Control and Working Hour Restrictions The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least amount of noise consistent with efficient performances of the Work. Decibel levels are not to exceed one hundred (100) decibels. Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 a.m. or continue after 6:30 p.m. on weekdays, and shall not commence before 8:00 a.m. or continue after 5:00 p.m. on Saturday without prior approval from the Engineer. 6H ~see~al,-tr-eteetiea-~td~a~iaa - NOT IISBD Th ~. n t'"'-p-'7--` --s have been #de~rei€~ed--E -b k e e~emeuec - .,a. xs c--~ e ,.- ..-- •=red h Eh Cit E # -ems--~ hi 1 g e y } ag -- "`'~'~'~~ '' f ''- .-''-° -` --s to be r ~ Th neer e~ E ~ e emeve 1 «~..,..... ..c .i.- e en ~ ae~s~ '':- a-e~gaaEed reg~eseasas#ve F__ ..., -- _ wed-w~~E#~~etrtal ~~ee ~emeval n b tlddit= ~3 `h am ere ena j~ e h~ees ha6 - - - , '- : r ,,,, -es~e~a~€ea shall be dente in a t4mel € l 3 €h - ~ ae t en-Per e i~°£°°°=°~°i-i~°a^^- " eensu' €ans E t ~t~~ ~£ i 3 i p es e e e- ~eRj-az: e-ee s e~e a......-__~ avcmncna-o- -- ~r-~ i ~ e-»-ra A-63 Other Accessibility Requirameats The Contractor shall provide assistance and is required to ensure that disruption of community services to residents (i.e. US Postal Service, RTA Care B, Meals on Wheels, Emergency Services, etc.) does not occur during 8ectioa A - 8p (Revised 12/15/09) Page 28 of 29 construction. Requisite assistance and/or coordination during construction is considered subsidiary to the work. A-64 Texas Commission on 8nvironmental Quality General Permit Compliance The General Contractor has submitted required notices and fees to the TCEQ for Storm Water Discharges Associated with Construction Activity under the TPDES General Permit (TXR150000). 9ectioa A - 8P (Revised 32/15/09) Page 29 of 29 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEt4ENT is entered into this 9TH day of JUNE, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and H 6 G Contractors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $386,747.90 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 PROJECT NO. 6456 (TOTAL BASE BID {PARTS A,B,C): $386,747.90) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 Utility Re[ocatlons for Carbon Plant Road Direct Connector Project on 1H 37 H & G Contractors, Inc. Unit of Item Quantity Measure Description Unit Price Total Water Improvements Removal and Disposal of 16" Waterline (PVC), complete in place AI 105 LF per Lineaz Foot 22.90 2,404.50 Removal and Disposal of 10" Waterline (ACP), complete in place A2 226 LF per Lineaz Foot 23.90 5,401.40 Removal and Disposal of 8" Waterline (PVC), complete in A3 162 LF place pet Lineaz Foot 19.10 3,094.20 A4 1 EA Removal of Fire Hydrant Assembly, complete in place per F,z~h 6] 5.10 615.10 8" C900 PVC Waterline, incl. Trench and Bedding, complete in AS 270 LF place per Lineaz Foot 32.90 8,883.00 16" C905 PVC Waterline, incl. Trench and Bedding, complete in A6 1,459 LF place per Lineaz Foot 40.10 58,505.90 16" CI51 DI Waterline, incl. Trench and Bedding, wmplete in A7 73 LF place per Lineaz Foot 168.80 12,322.40 12" Ct51 DI Waterline, incl. Trench and Bedding, complete in A8 26 LF place per Linear Foot 178.80 4,648.80 Trench Safety for Waterline Removal/Installation, complete in A9 2,750 LF place per Lineaz Foot 1.20 3,300.00 A10 1 EA 16" Plug, complete in place per Each 964.00 964.00 All 1 EA 10" Plug, complete in place per Fach 431.80 431.80 A12 5 EA 8" Plug, complete in place per Each 171.80 859.00 A13 1 EA 12" Gate Valve, complete in place per Each 2,086.90 2,086.90 A14 5 EA 8" Gate Vavle, complete in place per Each 1,022.80 5,114.00 Revised Proposes) Form Page 3 of l0 Utility Relocations jor Corbon Plant Road Direct Connector Project on IH 37 A15 1 EA 1 G" x 8" Reducer, complete in place per F.orh 442.40 442.40 A16 5 EA 8" x 6" Reducer, complete in place pex ~ 268.40 1,342.00 A17 15 EA 1 G" MJ Any Angle Bend, complete in place per Each 903.50 13,552.50 A18 2 EA 12" MJ Any Angle Bend, complete in place per ~g5}t 621.50 1,243.00 A19 7 EA 8" MJ Any Angle Bend, complete in place per E h 348.70 2,440.90 A20 8 EA 16" Tee, complete in place per Each 1,299.40 10,395.20 A21 1 EA 8" Tee, complete in place per F.a~h 497.80 497.80 A22 8 EA 16" ButterOy Valve/Box, complete in place pex Each 3,464.40 27,715.20 A23 1 EA 10" Tapping Sleeve and Valve, complete in place per Each 2,128.20 2,128.20 A24 7 EA Fire Hydrant Assembly, complete in place per E.;is~t 2,454.00 17,178.00 A25 85 LF Extend 20" Casing (Split), complete in place per Lineaz Foot 151.70 12,894.50 A26 167 LF 30" Casing (Bore), complete in place per Lineaz Foot 370.70 61,906.90 Biodgrd Erosion Control Lots (12'x, complete in place petj`ingg2<. A27 25 LF Foot 6.10 152.50 A28 1 LS Traffic Control, complete in place per LTSum 1,890.00 1,890.00 A29 1 LS Mobilization/Bonds/Insurance, complete in place per Lump Sum 15,293.00 15,293.00 A30 60 LF 30" Casing, complete in place per Lineaz Foot 175.40 10,524.00 Preconstruction exploratory excavation, complete in place A3] 4 EA per Each 1,212.70 4,850.80 Remove and replace barbed wire fence, complete in place A32 1,500 LF pet Linear Foot 5.30 7,950.00 Wood cellulose fiber mulch, complete in place per Squue A33 1,800 SY Yard 0.70 1,260.00 8" CI51 DI Waterline, including trench and bedding, A34 19 LF complete in place per Linear Foot 142.30 2,703.70 Sub[oral (Bid Items A-1 through A-34) 304,991.60 Revised Proposed Form Page 4 of 10 Utility Relocations for Carbon Plant Road Direct Connector Project on /H 37 `X/astewater Improvements crossing IH 37 Removal of Existing Sanitary Sewer Line, complete in place per Bl 50 LF Lineaz Foot 17.70 885.00 Caout Existing Wastewater Line (12" diameter), complete in B2 455 LF place per Lineaz Foot 13.40 6,097.00 B3 4 EA Remove Existing Manhole, complete in place per h 1,411.10 5,644.40 B4 485 LF 12" PVC Wastewater Line, complete in place per i-*±ea_* Foot 49.80 24,153.00 BS 2 EA 4' Sanitary Sewer Manhole, complete in place pet Each 3,119.20 6,238.40 B6 1 EA 5' Sanitary Sewer Manhole, complete in place pet Each 4,572.10 4,572.10 Sanitary Sewer Manhole depth greater than 6', complete in place B7 17 LF per Linear Foot 244.80 4,161.60 Trench Safety for Waterline Removal/Installation, complete in B8 530 LF place per Linear Foot 1.20 636.00 B9 1 LS Fittings and Connections, complete in place pet LTSum 883.70 883.70 Rock Filter Dams (Type 1) Installation, complete and in place pet B30 3 CY Cubic Yard 123.70 371.10 Rock Filter Dams (Type 1) Removal, complete and in place per Bl l 3 CY Cubic Yard 101.10 303.30 Biodgrd Erosion Control Logs (12'x, complete in place per B12 100 LF Lineaz Foot 4.00 ~•~ B13 1 LS Traffic Control, complete in place per mL. ~n S m 4,882.50 4,882.50 Wastewater Bypass Operation, complete and in place per L un B14 1 _ LS ~ 3,675.00 3,675.00 B15 1 LS Mobilization/Bonds/Insurance, complete in place per Lump Sum 1,609.20 1,609.20 Revised Proposasl Form Page 5 of 10 Utility Relocations jor Carbon Plant Road Direct Connector Project on 1H 37 B16 4 EA B37 600 SY ;ub-Total (Bid Items B-1 through B-17) Preconetmction exploratory excavations, complete is place pet Each Wood cellulose fiber mulch, complete in place pet Sauate Yar 1,150.50 4,602.00 0.60 360.00 69,474.30 190.40 9,520.00 JVastewater Improvements on Cabon Plant Road 16" Diameter Steel Casing (Split), complete in place per Lineaz Cl 50 LF pgst Trench Safety for Waterline Removal/Installation, complete in C2 50 LF place per Lineaz Foot Biodgtd Erosion Control Logs (12"), complete is place per C3 50 LF Linear Foot C4 1 LS CS LS CG 50 SY Sub-Total (Bid Items C-1 through C-G) Traf&c Control, complete in place per Lump Sum Mobilization/Bonds, Insurance, complete in place pet Lumn Sum Wood cellulose 6bet mulch, complete in place pet Souses Ya d Part A SubtotaL• $ 304,991:60 rea~e.....~m~w.w Part B Subtotal $ 69,474.30 m.~~~..~~ao-~n Patt C Subtotal: S ]2,282.00 Total Base Bid S 386,747.90 1.00 50.00 5.60 1,365.00 882.00 3.70 280.00 1,365.00 882.00 185.00 12,282.00 H & G Contractors, Inc. herewith certifies that the unit prices shown on this printout for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other informatin from this price-out. H & G Contractors, Inc. acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid; and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out b the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. ~~ Sign lre: Gary Garnett Title: Vice President Date: June 3, 2009 Revised Proposasl Form Page 6 of 10 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CA*_F~AR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTES i~ City Secretary CITY OF CORPU3 CHRISTI By . ~"yj - Oscar Mar Inez Assistant City Manager APPROVED AS TO LEGAL FORM: ~C By: By:~~1~ ~/~~/'" Asst. C'ty torney Pete Anaya, P.E. Director of Engineering Services ATTE (If Corpo a n) (Se Below) (Note: If Peraon signing for corporation is not Preaident, attach copy of authorization to sign) 1225 SOUTHERN MINERALS (Address) CORPUS CHRISTI, T][ 78409 (City) (State)(ZIP) 361/289-2556 * 361/289-2757 (Phone) (Fax) Agreement Page 2 of 2 ~v ~ _ ~,SQ~ . AUTM Rl~h~ e1' COUNCIL...e?12.~1. ..~.M......... C . SECRETARY Title: ~2.~S~~~FNT ,~ ~~;.~' '` P R O P O S A L F O R M/ D I S C L O S U R E S TAT E M E N T F O R UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRl3CT CONNECTOR PROJECT ON IH 37 PROJECT No. 6456 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 9 PROPOSAL Place: City Secretary's Office Date: Jtme 3, 2009 Proposal of H & G 40[1tLHCtARSF Ii1C. a Corporationorganized and existing under the laws of the State of '1~.5 OR a Partnership or Individual doing business as N/A TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and toperform the work required for: VTII:ITY RELOCATIONS HOR CARBON PLAN'P ROAD DIRRCT CONNECTOR PROJRCT ON IA 37 PROJECT NO. 6456 at the locations set out by the plans and specifications and in strict. accordance with the contract documents for the following prices, to-wit: Proposal Form Page 2 of 9 Utility Relocations jor Carbon Plant Road Direct Connector Project on IH 37 H & G Contactors, Inc. Unit of Item Quantity Measure Description Unit Price Total ~atu Improvements Removal and Disposal of 16" Waterline (PVC), complete in place Al 105 LF per Lineaz Foot 22.90 2,404.50 Removal and Disposal of 10" Waterline (ACP), complete in place A2 226 LF per Linear Foot 23.90 5,401.40 Removal and Disposal of 8" Watuline (PVC), complete in A3 162 LF place pet Linear Foot 19.10 3,094.20 A4 1 F.A Removal of Fite Hydrant Assembly, complete in place per Each 615.10 615.10 8" C900 PVC Waterline, incl. Trench and Bedding, complete in AS 270 LF place pu Linear Foot 32.90 8,883.00 16" C905 PVC Watuline, incl. Trench and Bedding, complete in A6 1,459 LF place per Lineaz Foot 40.10 58,505.90 16" C151 DI Waterline, incl. Trench and Bedding, complete in A7 73 LF place per Linear Foot 168.80 12,322.40 12" CI51 DI Waterline, incl. Trench and Bedding, complete in A8 2G LF place per Linear Foot 178.80 4,648.80 Trench Safety for Waterline Removal/Installation, complete in A9 2,750 LF place per Linear Foot 1.20 3,300.00 A10 1 EA 16" Plug, complete in place pet 964.00 964.00 All 1 EA 10" Plug, complete in place per Each 431.80 431.80 A12 5 EA 8" Plug, complete in place per Each 171.80 859.00 A13 1 EA 12" Gate Valve, complete in place per Each 2,086.90 2,086.90 A14 5 EA 8" Gate Vavlq complete in place per Each 1,022.80 5,114.00 Revised Proposasl Form Page 3 of 10 Utility Relocations jor Carbon Plant Road Direct Connector Project on Ili 37 A15 7 EA 16" x 8" Reducer, complete in place per Each 442.40 442.40 A16 5 EA 8" x 6" Reducer, complete in place per Fach 268.40 .1,342.00 A17 15 EA 1 G" MJ Any Angle Bend, complete in place per Each 903.50 13,552.50 A18 2 EA 12" MJ Any tingle Bend, complete in place per Facli G21.50 1,243.00 A19 7 EA 8" MJ Any Angle Bend, complete in place per Each 348.70 2,440.90 A20 8 EA I6" Tee, complete in place pex Each 1,299.40 10,395.20 A27 1 EA 8" Tee, complete in place per Each 497.80 497.80 A22 8 EA 16" Butterfly Valve/Box, complete in place per F,arh 3,464.40 27,715.20 A23 1 EA 10" Tapping Sleeve and Valve, complete in place per Each 2,125.20 2,128.20 A24 7 EA Fire Hydrant Assembly, complete in place per Each 2,454.00 17,178.00 A25 85 LF Extend 20" Casing (Split), complete in place per Lineaz Foot 151.70 12,894.50 A26 167 LF 30"-Casing (Bore), complete in place per Linear Foot 370.70 61,906.90 Biodgrd Erosion Control Lots (12'x, complete in place per .in A27 25 LF Foot 8.10 152.50 A28 ] LS Traffic Control, complete in place per jdltillZ$Wg 1,890.00 1,890.00 A29 1 LS Mobilization/Bonds/Insurance, complete in place per Lump Sum 15,293.00 15,293.00 A30 60 LF 30" Casing, complete in place per Liueaz Foot 175.40 10,524.00 Pteconatruction exploratory excavation, complete in place A31 4 EA per Eacb 1,212.70 4,850.80 Remove and replace bazbed wire fence, complete in place A32 1,500 LF pet Litteat Foot 5.30 7,950.00 Wood cellulose fiber mulcb, complete in place per S, a~ag A33 1,800 SY Yard 0.70 1,260.00 8" C151 DI Waterline, including trench and bedding, A34 19 LP complete in place pet Linear Foot 142.30 2,703.70 Subtotal (Bid Items A-1 through A-34) 304,991.60 Revised Proposasl Forth Page 4 of 10 Utility Relocations for Carbon Plant Road Direct ConneMOr Project on 1H37 `Vastewater Improvements crossing IH 37 Removal of Existing Sanitazy Sewer Line, complete in place per B1 50 LF Lineaz Foo[ 17.70 565.00 Grout Existing Wastewater Line (12" diameter), complete in B2 455 LF place pes Ianeaz Foot 13.40 6,097.00 B3 4 EA Remove Existing Manhole, complete in place per Each 1,411.10 5,644.40 B4 485 LF 12" PVC Wastewater Line, complete in place per Linear Foot 49.80 24,153.00 BS 2 EA 4' Sanitary Sewer Manhole, complete in place pet Each 3,119.20 6,238.40 B6 1 EA 5' Sanitary Sewer Manhole, complete in place per F.arh 4,572.10 4,572.]0 Sanitary Sewer Manhole depth greater than G', complete in place B7 17 LF per Linear Foot 244.80 4,161.60 Trench Safety for Waterline Removal/Installation, complete in B8 530 LF place per Lineaz Foot 1.20 636.00 B9 1 LS Fittings and Connections, complete in place per Lumn Sum 883.70 - 883.70 Rock Filtet Dams (Type 1) Installation, complete and in place pez 610 3 CY Cubic Yazd 123.70 371.10 Rock Filter Dams (Type 1) Removal, complete and in place per Bll 3 CY Cubic Yazd 101.10 303.30 Biodgrd Erosion Control Logs (12'x, complete in place per B12 100 LF Linear Foot 4.00 400.00 B13 1 LS TrafSc Control, complete in place per Limp Sum 4,862.50 4,862.50 Wastewater Bypass Operation, complete and in place per Leo B14 1 LS ~ 3,675.00 3,675.00 B15 1 LS Mobilization/Bonds/Insurance, complete in place per Lump Sum 1,609.20 1,609.20 Revised Proposasl Form Page 5 of 10 (7tiUty Relocations jor Carbon Plant Road Direct Connector Protect on 1H 37 Preconsttuction exploratory excavations, complete in place B1G 4 EA pet Each 7,150.50 4,602.00 Wood cellulose fibee mulch, complete in place pet ware B17 600 SY Yatd 0.60 360.00 pub-Total (Bid Items B-1 through B-17) 69,474.30 X/astewater Improvements on Cabon Plant Road 16" Diameter Steel Casing (Split), complete in place per Naga[. Cl 50 LF Foot 190.40 9,520.00 Trench Safety for Waterline Removal/Installation, complete in C2 50 LF place per Linear Foot 1.00 50.00 Biodgrd Erosion Control Logs (12"), complete in place per C3 50 LF Linear Poot 5.60 280.00 C4 1 LS Traffic Control, complete in place per Lump Sum 1,365.00 1,365.00 CS 1 LS Mobilization/Bonds, Insurance, complete in place per Lumn Sum 882.00 882.00 Wood cellulose fiber mulch, complete in place pet Square CG 50 SY Yard 3.70 185.00 Sub-Total (Bid Items C-1 through C-6) 12,282.00 Part A SubtotaL• S 304,991.60 red~.~.,,~.~ Part B Subtotal S 69,474.30 ,ea ~e. c~+.-dcin Part C Subtotal: S 12,282.00 ~,~~,«~~ Total Base Bid $ 386,747.90 H & G Contractors, Inc. herewith certifies that the unit prices shown on this printout for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other infolmatin from this price-out. H & G Contractors, Inc. acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid; and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out b the respective a/stimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. ~'`~ '1/~ Sigt~Gre: Gary Garnett Title: Vice President Date: June 3, 2009 Revised Proposes) Form Page 6 of 10 names and addresses of MB& firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. - Number of Sigaed Seta of Documents: The contract and all bonds will be prepared is not less than four counterpart (original signed) sets. Tima of Completion: The undersigned agrees to complete the work within 60 Caleadar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and othez contract documents and verified by the City. Time duratioa is for total job. The undersigned further declares that he will provide all necessary tools. and apparatus, do all the work and furnish all materials and do everything accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth Receipt of the following add~p~Ja is ackaowledged(addenda number): ~1 (Nlav 29, 2009) Respectfully submi Name : A & G Op[1tS~CtOrS, IIIC BY • ~~~' ~JC~' r--~~ GaLY (SEAL - ZF Bidder is a Corporation) f V~ Address: 1225 SORttlei'[1 Mi^wra Oorpus C2uristi, 7+Pxas Telephone• {361) 289-~5~ NOTH: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Proposal Porm Page 7 of 9 tted: Garnett Oe PDe3ldeIIt ~S 78409 PR (7/90) P E R F O R M A N C E B O N D BOND NO, 2273052 STATE OF TEXAS $ COUNTY OF NUECE3 § IOAOW ALL SY THESE PRESENTS: THAT H 6 G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of THREE HUNDRED EIGHTY-SIX THOUSAND, SEVEN HUNDRED FORTY-SEVEN AND 90/100 ($386,747.90) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: *INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION I3 SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH of JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: UTILITY RELOCATIONS FOR CARBON PLANT ROAD DIRECT CONNECTOR PROJECT ON IH 37 PROJECT NO. 6456 (TOTAL BASE BID {PARTS A,B,C}: $386,747.90) NOW, TBEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this each one of which shall be day Of JUNE ~ ZQ 09 , instrument is executed in 4 copies, deemed an original, this the 11TH H & G CO~.NT~RACT~ORS, INC. GARY GARNETT VICE PRESIDENT (Print Name & Title) (Print Name & Title) 3URETY INSURANCE COMPANY OF THE WEST CASUALTY & SURETY CO, By:~F t3~- ~_~~ ~Ci'z2-z Attorney fact ®- MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County,"Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. 2273052 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: TEAT H 6 G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE HUNDRED EIGHTY-SIR THOUSAND, SEVEN HUNDRED FORTY-SEVEN AND 90/100 ($386,747.90) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. TBE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH day JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: UTILITY RELOCATIONS FOR CARSON PLANT ROAD DIRECT CONNECTOR PROJECT ON I$ 37 PROJECT NO. 6456 (TOTAL BASE BID {PARTS A,B,C}: $386,747.90) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN ~PITNESS WBEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 11TH day of JUNE 2009 PRINCIPAL H & G CONTRACTORS, INC. By: ~~i--~. GARY GARNETT, E PRESIDENT 'nt Name & it e) A E T (Print Name & Title) SURBTY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. ,,~ ,- - By: `- Attorney fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County,=_~xexas, delivery of notice and service of process is: for Ag@ncy: SWANTNER & GORDON INSURANCE AGENCY COIItaCt P@r80II: MARY ELLEN MOORE Addr@88: P.O. BOX 870 GnRPTTR ('HRISTI. TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 No. 0004671 ICW GROUP Power of Attomey Insurance Company of the West Explorer Insuance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the Sete of Califomia, Explorer Insurance Company, a Corpomtion duly organized under the laws of the State of Califomia, and Independence Casualty and Surety Company, a Corpom[ion duly organized under the laws of the State of Texas, (wllectively referred to as the "Companies"), do hereby appoint H.M. CANTWELL, AMY SHUMATE, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORE their true and lawful Attomey(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. vtroarsxroR^ ~~~NCF so~'WOm~ ~acp°ro"srrn s ~W~ °° ~rR~ ~ ~ k ~ INSURANCE COMPANY OF THE WEST II/O SEAL. 3 ~ r > EXPLORER INSURANCE COMPANY b W.tp r,rfi ~ \ e.+o ~ a9 °.ym a $ BVDEPENDENCE CASUALTY AND SURETY COMPANY ~~ ~~~~<~ ~ ~a~ ~~ Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of Califomia } SS. County of San Diego On ]anuary 2, 2008, before me, Mary Cobb, Notary Public, personally appeared ]. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me Iha[ they executed the same N their authorized capacities, and that by their signatures on the instmment, the entity upon behalf of which [he persons acted, executed the instmment. I certify under PENALTY OF PER]ORY under the laws of the State of Califomia that the foregoing pamgmph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of [he Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with [he Secretary or any Assistant Secretary, are hereby authorized [o execute Powers of Attomey appointing the person(s) named as Attomey(s}in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signa[mes of the officers making the appointment, and the signature of any officer certifying the validity and current staNS of the appointment, may be facsimile represenmtions of those signatures; and the signature and seal of any notary, and the seal of [he Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be atxed by stamping, printing, typing, or photocopying." CERTIFICATE 4 the undersigned, Assistant Secretary of Insumnce Company of [he Wes[, Explorer Insumnce Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has no[ been revoked, and that the above resolutions were duly adopted by the respective Hoards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 11TH day of JUNE 2009 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, [he above named individual(s) and details of the bond [o which the power is attached. For information or filing claims, please wntac[ Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. This Power is m full force and effect until revoked 1 IfFfl6'ORY,~i~i ttifOYICE To obtain information or make a complaint 2 You may contact your Agent al 361-883-171 3 You may call Insurance Company of the West/Independence Casualty & Surety Company's loll-free telephone number for information or to make a complaint at: 1-800-87P-1111 4 You may also write to Insurance Company of the WesUlndependence Casualty & Surety Company at 11455 EI Camino Real San Diego, CA 92130-2045 5 You may contact the Texas Department of Insurance to_obtain information on companies, coverages, rights or complaints at: . 1-800-252-3439 6 You may write the Texas Department of I nsurahce: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 4 75-1771 Web: http //v~ww.tdi state tx us E-mail: ConsumerProtection(a~1di state tx us 7 PREfVIIUIUd OR CLAlIU1 DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATT,4CH TIiIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ~4f1SO efifll~~jRlydLWT~t Para obtener information o para som queja: Puede comunicarse con su (title) al (G number). Us1ed puede Ilamar al numero de (elef Insurance Company of the West/Indep Casualty & Surety Company's para infr para someter una queja al: 1-800-8y7-1'811 Usted tambien puede escribir a Insuran Company of the WesUlndependence Ce Surety. Company al:. 11455 EI Camino Real San Diego, CA 92130 Puede comunicarse con el Depertameni Seguros de Texas para obtener informac de companias, coberturas, derechos o qi 1-80®-252-339 Puede escribir al Departamento de Segur Texas: P. O. Box 149104 Ausfin, TX 7 87 1 4-9 1 04 Fax: (512)475-1771 Web: hitp://vrww tdi state tx us E-mail: ConsumerProtection(cr~tdi state tx u DISPUT,a,S SOBRE PRIIVIAS O RECLAPVi( Si tiene una disputa concerniente a su prim reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, pued entonces comunicarse con el departamentc UIVA ESTE AVISO A SU f-OLIZ~: Este avi; solo para proposito de information y no se convierte en pane o condition del document adjunto. CITY OF CORPUS CHRISTI ~, DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME ............. H.~. G Oa[-ti.. ~~............................................................................................... STREET: 1225 Sout3iern Rti.,pra1 sz RdgITY: A~tn,c (1lri8ti, 7te~s ZIP:...7.8.4~4 ................. FIRM is: 1. Corporation ~ 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest constituting 3°h or more of the ownership In the above named "firm'. Name Job Tide and City Department (If known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. Slate the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm°. Name Consultant N/A CERTIFICATE I certify that all information provided is true and corcect as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Clty of Corpus Christi, Texas as changes occur. Certifying Person: Garr l~rnett Title: Vice iPL~SidHit (Type or Print) ~ f Signature of Certifying Person:~~~~~~IrT~-~ Date: .Tnrw 3 _ 2009 Proposal Form Page 8 of 9 DEFINRIONS a. "Board Member". A member of any board, commission or commikee appointed by the City Coundi of the City of Corpus Christi, Texas. b. "Empbyee°. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm'. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, inducting but not Iimked to, entitles operated in the form of sole proprietorship, as sek-empoyed person, partfiership, corporation, Joint stock company, Joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organisations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a fine, inducting when such interest is held through an agent, trust, estate or holding entity. °Consrudively held' refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultanl°. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 9 of 9