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Home My WebLink AboutC2009-303 - 6/23/2009 - ApprovedBridges Specia~t~es SPECIAL PRCVIS~IO~v~ S P E C I F I C A T I ~N S AND FORMS OF CQNTRACTS & BANDS FAR zoos-~o~ ~tirzoo~-~75 o~~z~io~ SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17+50 THROUGH STA. 39+20 April, 200 WATER FoR STORM 'WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-1$88 Fax: 3611854-0185 ~~o~r ~r ~~"~.,,....,.F,~q ~ ,.* ~ ~~. .~ ................ ~.......... ~ MA ..... RO~IEY .... ~, ~~ ~~ 6~a~~ ~ . .~ ~ 'G •~~ ~s ~aNA1.~ ~ D ~~~.~- ~ ~I RBAN ENGINEERfNG 2725 5wantner CORPUS CHRISTI, TX 78404 X361} 854-3101 FAX {361} 854-6041 U.E.JOB N4. 36688.A8.00 PROJEC 2160 DRAWING N0: STO 3~ INDEXED Revised 715104} SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE 21 STA. 17+50 THROt~GH STA. 39+20 .Project Na . 21G0 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00} NOTICE TO CONTRACTORS ~ A Revised May, 2006} Insurance Requirements NOTICE TO CONTRACTORS - B Revised 715/00 } Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART 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 7/5100} A-~11 Cooperation with Public Agencies Revised 7/5%00} A-12 Maintenance of Services A-13 Area Access and Traffic Control A-7.4 Construction Equipment Spillage and.. Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials n ~ ~ ~' ~~.~ n~~_, .~~~ SNOT USED} A--18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-24 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy Revised 10/98) ~ ~ ~ T,., "'-~~Qi~Fre-q~~e'~ _,~n~-vru.a -r ~ ~ ~ nc~ ~NDT USED ) A-2~ Surety Bonds ' NO LONGER APPLICABLE ~ 6 / 11 / 9 8 } A-26 Supplemental insurance Requirements ' SNOT USED} A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-~33 Conditions of Work A-39 Precedence of Contract Documents (NOT USED) A-36 Other Submittals (Revised 9/18/007 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 ' 4 NOT USED) A-40 Amendment to Section 8-8-6: Partial Estimates A-41 Dzone Advisory A-~2 OSHA Rules & Regulations A-~3 Amended Indemnification & Hold Harmless X9/98} A- 4 4 Change Orders ~ 412 6199 } A-45 As-Built Dimensions and Drawings A-46 Disposal of Highly Chlorinated Water A--48 overhead Electrical Wires A-49 Amended "Maintenance Guaranty" A-50 Technical Special Provisions A-51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A--54 Security A~55 Access Roads A-56 Parking A-57 Noise Control A~58 Dust Control A-59 Temporary Drainage Provisions A-60 Dewatering A-61 Amended Prosecution and Progress (NOT USED} ATTACHMENT I - Project Sign - TECHNICAL SPECIAL PRgV2SIgNS PART B - GENERAL PRgVISIgNS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIQNS 022020 ,- Excavation and Backfill for Utilities and Sewers 022022 - Trench Safety for Excavations 0221ao - Select Materia l 022420 - Silt Fence 025802 - Temporary Traffic Controls During Construction 027402 - Reinforced Concrete Pipe Culverts 030020 - Portland Cement Concrete D32020 - Reinforcing Steel 037040 - Epoxy Compounds 038000 - Concrete Structures PART T - TECHNICAL SPECIFICATIgNS T1-E20[l] _ Storm Water Pollution Prevention T2-B2~ -- Structural Excavation and Backfill APPENDIX A - Soil Investigation APPENDIX B -- Subsurface Investigation, Laboratory Testing, Recommendations for Sheetpile Retaining Wall APPENDIX C - Department of Army Permit 22169 LIST qF DRAWINGS NgTICE AGREEMENT PRgPgSAL/DISCLgSURE STATEMENT PERFgRMANCE BgND PAYMENT BgND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SALT FLATS DRAINAGE SYSTEM IMPRQvEMENTS PHASE II STA. 17+50 THROUGH STA. 39+20, Project No. 2140 consists of drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work required to compete the project in accordance with plans, specifications and Contract Documents. will be received at the office of the City Secretary until 2:00 P.M, on Wednesda , Ma 20, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Ma 13, 2009 beginning at 2:00 .m. The pre-bid meeting will convene at Engineerin Services Conference Roo~-, third ., ~, floor Cit Hall, 1201 Leo and Co us Christi Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5 0 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 5a bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatary 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 Fift and no/100 Dollars x$50.003 as a guarantee of their return in good condition within two weeks o bf id date. Documents can be obtained by mail upon receipt of an additional ~$1D.D0~ which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the 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 Engrg. Services /s/ Armando Chapa City Secretary Rev~.sed ?/5/Q0 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE OVERAGE 3D-Day Notice of Cancellation required vn Bodily Injury and Property Damage all certificates PER aCCURRENCE /AGGREGATE 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 $, Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEKAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,004,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental [] REQUIRED discharge; to include long-term environmental impact for the disposal of ~ NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ~ REQUIRED ~~ X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty t30~ days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 850-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of ~ ~ Texas Administrative Code TITLE 28 PART 2 CHAPTER 114 SUBCHAPTER B INSURANCE TF,XAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 1tC~LE ~ 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 in this rule shall have the meaning defined in the Texas Labor Code, if so def ned. ~l}Certificate of coverage ~certifca~e}--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-S 1, TWCC-S2, TWCC-S3, or TWCC-S4}, shaving 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 ox construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). ~3 }Contractor--A person bidding for or awarded a building or construction pro j ect by a goverrmenaa entity. ~4}Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §40 ~ .0 ~ 1 X44}. ~5}Coverage agreement--A written agreement on form TWCC-$ 1, form TWCC-S2, form TWCC-83, or form TWCC-S4, 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 employerlemployee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. t6} 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 carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or roviding labor, transportation, or other service related to a project. "Services" does not p include activities unrelated to the ro j ect, such as foodlbeverage vendors, off ce supply p deliveries, and delivery of portable toilets. + ~S}Project--Includes the provision of all services related to a building or construction contract for a governmental entity. fib} Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classif cation codes and payroll amounts, and that all coverage agreements have been ffled with the appropriate insurance carrier or, in the case of a self~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 ro' ect to administrative penalties, criminal penalties, civil penalties, or other pa civil actions. ~c} A governmental entity that enters into a building or construction contract an a pro j ect shall ~l}include in the bid specifications, all the provisions of paragraph ~7} of this subsection, using the language required by paragraph (7} of this subsection; ~2} as part of the contract, using the language required by paragraph ~7} of this subsection, require the contractor to perform as required in subsection ~d} of this section; ~3}obtain from the contactor 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 certif sate 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 proj ect whose current certif cafe shows that the coverage period ends _ during the duration of the project; ~5}retain certificates of coverage on f le far the duration of the project and for three years thereafter; v ~~} provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and ~7} use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Gr_ aphic Page 3 of 11 (d) A contractor shall: ~ 1 }provide coverage for its employees providing services on a proj ect, 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 certifcate of coverage ends during the duration of the project; ~4} obtain Exam 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 certif cotes 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 certif cote 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 f le for the duration of the proj ect and for one year thereafter; ~~} 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 pro jest 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 conrvmission 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 far the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic ~S} 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 fling 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 1 i ~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 an the current certif irate 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 iii} prior to the end of the coverage period, a new certif irate 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 certif cotes of coverage on fife for the duration of the project and for one year thereafter; . ~G} notify the governmental entity in writing by certif ed mail or personal. delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and ~H} contractually require each other person with whom it contracts, to perform as required by subparagraphs ~A}-~H} of this paragraph, with the certif cote of coverage to be provided to the person for whom they are providing services. fie} A person providing services on a proj ect, 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 fling of any coverage agreements; ~2} provide a certif cote 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 classif cation codes and payroll amounts, and that all coverage agreements will be f led with the appropriate insurance carrier or, in the case of a self 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 certificote 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 certif irate 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 certif cafe of coverage ends during the duration of the project; Page 5 of 11 {6}:retain all required certif cotes of coverage on ftle for the duration of the project and for one year thereafter; ~7}notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person rovidin services on the p g project and send the notice within ten days after the person knew or should have known of the change; and ~8}contractually require each other person with wham it contracts to: ~A} provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for ail 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 iii} 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 ro'ect and for one p~ year thereafter; ~C~} notify the governmental entifiy in writing by certif ed mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and ~H} contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs ~A}-~~} of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ~f} If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. ~g}~This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or 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 are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4~j}. ~i}The coverage. requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097~c}, and who are explicitly excluded from coverage in accordance with the Act, ~406.097~a} has added by House Bill 1089, 74th Legislature,1995, § 1.24}. This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or.certificate of authority to self insure that is delivered, issued for delivery, or renewed on or aver January 1, 1996. Source Nate: The provisions of this § 11 x.110 adopted to be effective September 1,1994,19 r TexReg 5715; amended to be effective November 6,1995, 20 TexReg 8609 page 7 of 11 T28S 110.110(d)(7) "REQ UI~~D W4~~ERS' CU~.P~~S~4 T14N Cn vERAGE -, "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Galt the Texas Workers' Compensation Commission at 51 ~~444-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 1 ~ T28S 110.110(c)(7) Article .Workers' Compensation insurance Coverage. A. Dejznitians: Certi zcate of coverage ("cert~cate')- A copy of a certif cafe of insurance, a cert f cote of authority to self insure issued by the commission, or a coverage agreement ~'WCC-8.I, TYYCC- 82, ~'WCC-83, or ~'WCC-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 an the project has been completed and accepted by the governmental entity. Tersons providing services on the project ~"subcontractor" in X406. X96) -includes all persons or entities performing alt or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, off ce supply deliveries, and delivery of portable toilets. ~. The contractor shall provide coverage, based on proper reporting of classi nation codes and payroll amounts and Ealing of any coverage agreements, which meets the statutory requirements of Texas .labor Code, Section 4a1.0I1 X44) for all employees of the contractor providing services on the project, for the duration of the project C. The Contractor must provide a certi tcate of coverage to the governmental entity prior to being awarded the contract. D..If the coverage period shown on the contractor's current certif cote of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. ~'. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (~} a certi icate of coverage, prior to that person beginning work on the project, sa the governmental entity will have on fate certi icates of coverage showing coverage far all persons providing services an the project; and (2) no later than seven days after receipt by the contractor, a new certifacate of coverage showang extension of coverage, if the coverage period shown on the current certifacate of coverage ends during the duration of'the project. Page 9 of ~ ~ p'. The contractor shall retain all required certi acates of coverage for the duration of the project and for one year thereafter. . G, The contractor shall notify the governmental entity in writing by certi aed mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services an the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas W'orkers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with wham it contracts to provide services on a project, to: (~) provide coverage, based on proper reporting of class f cation caries and payroll amounts and Ealing of any coverage agreements, which meets the statutory requirements of Texas .labor Code, Section 41.411(44) for all of its employees providing services an the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work an the project, a certi acate 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 certi acate of coverage showing extension of coverage, if the coverage period spawn on the current certi acate 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 certi acate of coverage, prior to the other person beginning work an the project; and (b}anew certi acate 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 urataan o the project; (5) retain all required certi acates of coverage on file for the duration of the project and for one year thereafter; . (6) note the governmental entity in writing by certi aed mail or personal delivery, within ~ a days after the person knew ar 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 wham it contracts, to perform as required by paragraphs (1} - (7}, with the certif cafes of coverage to be provided to the person far whom they are providing services. J: By signing this contract or providing ar causing to be provided a certi acate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services an 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 classi acation codes and payroll amounts, and that all coverage agreements will be jrled with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self Page 1 a of ~ ~ Insurance .Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, ar other civic actt'ons. ,~. 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 ~ 1 of 11 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetin 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, Z20i Leopard Street, until 2:00 P.M., wednesda Ma 20, 2009. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's office x.201 Leopard Street Corpus Christi,. Texas 7$~0~. ATTN: BID PRGPOSAL-SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17+5D THROUGH 5TA. 39+20 PROJECT NO. 216D An ro osals not h sicall in ossession of the Cit Secreta 's Office at the time and date of bid opening will be deemed late and nonresponsive_ Late pro~vsals ~. will be returned unopened to_the ro oser. The pro user is solely responsible for delive to the Cit Secreta 's Office. Delive of an ro osal, b the ro ser, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the Cit Secreta 's office will be deemed non- responsive if not in possession of the City ,Secretary's Office prior to~the date and time _of bid o eninc~ A pre-bid meeting is scheduled for May 13, 2D49 beginning at 2:OD p.m. The pre-bid meeting will convene at En ineerin Services Conference Room, third floor Cit Hall, 1201 Leo ard, Co us Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. No visitations will be conducted b~_the_Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 ,Description of Project This project consists of drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work required to compete the project in accordance with plans, specifications and Contract Documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid Bid Items 1 through_7~ ~, ., ,__. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Sect~.on A - SP Revised 9118100} gage 1 of 26 Explanation of Measurement and Payment 1. Remove and Re lace 26 Feet wide Section of Concrete Linin from Sta. 17+50 to Sta. 24+65 and Sta. 25+25 to Sta. 25+53: This item shall be measured by the square yard of surface area of existing concrete that is removed and replaced with new concrete at new grades. This item includes but is not limited to: a. Furnishing, installing and maintaining equipment and material to dam off and dewater the area far construction, including temporary pumping and bypass piping as necessary to allow upstream channel to drain. b. Furnishing and installing Storrn Water Pollution Control measures c. Demolishing and removal of existing reinforced concrete platting, including loading and disposal to landfill. d. Channel excavation to required grades, including removing all material encountered, loading and disposal of material at landfill e. Compacting subgrade to required density. f. Furnishing and installing new reinforcement and expansion jointing for concrete channel g. Furnishing and placement of 3,004 psi concrete to a minimum depth of six (6~ inches, and troweling of surface to provide a smooth surface at new grades shown on the plans. 2. Railroad Bridge No. 2 Channel Improvements Sta. 24+65 to Sta. 25+25: This item shall be measured as a lump sum. This item includes but is not limited to: a, Furnishing, installing and maintaining equipment and material to dam off and dewater the area for construction, including temporary pumping and bypass piping~as necessary to allow upstream channel to drain. b. Furnishing and installing Storm Water Pollution Control measures c. Demolishing and removal of existing reinforced concrete platting, including loading and disposal to landfill d. Protection of existing railroad structure during construction, including bridge, sidewalls and pilings. e. Channel excavation to required grades, including removing all material encountered, loading and disposal of material at landfill f. Compacting subgrade to required density. g. Furnishing and installing new reinforcement and expansion jointing for concrete channel h. Furnishing and placement of 3,040 psi concrete to a minimum depth of six X67 inches, and troweling of surface to provide a smooth surface at new grades shown on the plans. 3. Clean Existing Channel from Sta. 25+53 to Sta. 39+20 and Sta. 17+5 to Sta. 25+53: This item shall be measured as a lump sum. This item shall include dewatering as necessary, Storm Water Pollution Prevention measures, and removal of all vegetative growth, soil, silt, material, debris, couches, chairs, shopping carts, cardboard boxes, dead animals, and any other things which have assembled in this section of the Salt Flats drainage ditch. This shall include the cost to remove and dispose of said material in a landfill. 4. Breakout and Repair Failed ConcreteRLiner This item shall be measured by the square feet of surface area of existing concrete that is removed and replaced with new concrete to repair failed areas. Areas are noted on the plans or will be marked and identified in the field by the Owner's representative during construction. This item includes but is not limited to: a. Furnishing, installing and maintaining equipment and material to darn off and dewater the area for construction, including temporary pumping and bypass piping as necessary to allow upstream channel to drain. b. Furnishing and installing Storm Water Pollution Control measures c. Sawcutting, breaking gut and removal of existing reinforced concrete liner, including loading and disposal to landfill. Section A - SP (R$vzsed 9/18/0) Page 2 of 2b d. Furnishing and installing new reinforcement and expansion jointing as necessary for concrete channel e. Furnishing and placement of 3,000 psi concrete to a minimum depth of six ~ 6 } inches, and troweling of surface to provide a smooth surf ace . 5. Dis osal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees,. constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal landfill to be approved by the City. The cubic yard total noted in the bid proposal is an estimate far bidding purposes. 6. Utilit /Fla Gate Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances and for flap gate rehabilitation. Payment shall be negotiated for each circumstance. 7. Items Not Listed on the Pro osal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary tv the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on~the plans and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to be Submitted with Pro oral The following items are required to be submitted with the proposal: 1. 5~ Sid Band ~M~xst reference SALT FLATS DRAINAGB SYST~ IMPR4VgMENTS PgAS$ II STA.Z7+50 THROIIGH STA.39+24PR4J$CT No. 216D as identified is the Proposal ~A Cashiers Check. certified check, money order or bask draft from any State or National Sank will also be acceptable. 2. Disclosure of Interests Statement 3. Requirements as stated is Items A-28, A-29 and A-30 of Section A-Special Provisions. A-6 Time of Com letioa/Li idated Dania es The working time for completion of the Project will be 1~ Calendar Days. The Cantractor shall commence work within ten ~1D} 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, $440 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services tCity Engineer} may .withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. Days Allocation for Raia The Contractor shall anticipate the fallowing number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Section A - SP tRevi.sed 9/1$/00 Page 3 of 2b Service at the Power Street Storm water Pump Station 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 May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 120 Calendar Days, as detailed elsewhere in the contract documents. Damages far exceeding the total time allotted shall be independent of damages assessed fox each item, as described above. After Contract Award and pre--construction meeting is held, the Contractor shall commence work within ten X10} calendar days after receipt of written notice from the Director of Engineering Services or designee ~"City Engineer"~ to proceed. A-7 workers Com easatioa insurance Covera e If the Contractors workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project . Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractors 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 Cantractor 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 Cantractor and the City Engineer. A-8 Faxed~~,o,~als 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 Ackaowled ent of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 wage_ Rates Revised 7/5/00} Labor preference and wage rates for he~,constructivn shall apply~Y~e~~ ~~~~~ ~ ~'- . . • Section A - SP Revised 9/~8/~Q) Page 4 of 2& Minimum Prevailing Wage Scales The Carpus 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 X12} 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, Definition of Terms, and Section B-7-6, Working Hours.} A-11 Cov eration~ with Public A eneies ~Reva.sed 7/5/00 The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight X48} hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at ~.-800-344-8377, the Lone Star Notification Company at 1-800-669.8344, and the Verizon Dig Alert at 1- 800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826w3500 Project Engineer, 826-3500 Consultant-Urban Engineering 854-3101 Mark Maroney, P.E. Traffic Engineer 826-3540 Police Department 852-~.91~. Water Department 826--1880 X826-3140 after hours} Wastewater Department 826-1818 (826-3140 after hours} Gas Department 885--6900 (885--6900 after hours} Storm Water Department 826-1881 (826-3140 after hours} Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1974 AEP 299.4833 (361.1693-9444 after hours} SBC / A T & T 881-251.1 (1-800-824-4424, after hours} Signal/Fiber optic Locate 857-1946 857-1960 Cablevision 857--5000 (857-5060 after hours} ACSI Fiber Optic} 887-920D Pager 800-724-3624 CenturyTel 225/214-1.169 X225/229-3202 ~M} ChoiceCom (Fiber Optic} 881-5767 Pager 85D-2981} CAPRQCK Fiber Optic} 512/935-0958 (Mobile} Brooks Fiber optic OMAN} 972/753-4355 A-12 Maintenance of Services The Contractor shall take all precau tions 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 far the construction of this type of project with regard to the location and nature of u nderground utilities, etc. Section A - SP ~Reva.sed 9/18/0} Page 5 a~ 26 However, the accuracy and completeness of such information is not guaranteed. It is the Contractor`s sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his. own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with ~i.e. broken, cut, etc., flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc . The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A~-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to 'prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top sail. "Clean" dirt tvp soil is defined as dirt that is capable of providing a good growth of grass when applied .with seed/sod and Section A -- SF Revised 9/~.8/00) Page G of 2~ 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, sidewalks, etc., are to be considered subsidiary to the bid item far "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials _._„ _~ Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office tNot Usedy 11 i! . A-~18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three X37 working days prior to the pre--construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three X37 days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3, Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re--Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show .- actual progress of each stage by percentage against initial Schedule. It 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 as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A--6 "Time of Completion" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will Section A - SP (Revised 9/18!007 Page 7 of 2~ be avoided and the construction of various works being done far the Owner will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. Contractor shall be aware of other construction projects occurring in the area, and coordinate scheduling, traffic control, maintenance of services and street access with the other Contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications far special events that will occur during the period of the contract. ~,-19 Construction Project La out and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two X27 bench marks required for project layout will be provided by the City or Consultant Project Engineer, The Contractor will furnish all lines, slopes and measurements 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 as 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. 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 third party independent Registered Professional Land Surveyor ~R.P.L.S.j licensed in the State of Texas retained and paid by the Contractor. The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party surveyor and certify compliance to any regulatory permits. Followin is the minimum schedule of documentation re uired: ~- r ~ ~TC~~'Z. ~+ ~.7~i . ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Section A ~ SP tRevised 9/18/DD) Page 8 of 26 Storm Water: • All rim/invert elevations at manholes .• All intersecting lines in manholes • Flowline elevations at u stream and downstream ends of new evncrete channel. A~-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. Tn the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. SCHEDULE OF TESTING BY THE CITY; 1. Embedment, Fill and Backfill Laboratory Testing: ~1.} Gradation ................................... 1 Ea. ~2) Moisture-Density Relationship ............... 1 Ea. ~3) InWPlace Density Tests ...................... Ea. 2. Concrete Laboratory Testing: ~l} Mix Design: one for each class of concrete. (2} Concrete Cylinders: ~1 set is 3 cylinders} a} Concrete Channel .............................. 4 Sets SCHEDULE OF TESTTNG BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offside inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. Section A - SP (Reva.sed 9/18/00y Paps 9 of 25 The Contractor must provide all applicable certifications to the Engineer Consultant. A~21 Project Signs The Contractor must furnish and install 2 Project signs as indicated on Attachment No. ~.. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A~-22 Minority/Minorit~r Business Enterprise Participation Policy (Rwised x.0/98) 1. Po~ 1 i,cy ~t is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established, goals, as stated herein, bath 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 persons}. Minority persons include Blacks, Mexican--Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific islanders. For the purposes of this section, women are also considered as minorities. Minority person (s} must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: ~.. Owned (a} For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b} For an enterprise doing business as a partnership, at least 51.Oo 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 ox interest in the corporate shares must be owned by one or more minority person (s}. 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person (s}. 3. Share in Pa ents Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.Op 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. Section A ~ SP Revised 9118/~Oy Page ~~ of 2G d. Minorit See definition under Minority Business Enterprise. e. Female awned Business Enterprise: A sole proprietorship that is owned and~controlled+by a woman, a partnership at least 51.00 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.Oo 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 50.40 of the contract work itself and in which a minority joint venture partner has a 50.Oo interest, shall be deemed equivalent to having minority participation in 25.0 of the work, Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor"s aggregate work force on all construction work for the Contract award are as follows: Minority Partic~.pation Minority Business Enterprise ~Percent~ Participation Percent} 45~ 15$ b. These goals are applicable to all the construction work regardless of federal participations performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participatian, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minarity 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) ~NDT USEDy .. . , Section A - SP iRevised 9118/D0) Page~.xof25 r 1 r~e~rre ~: A-24 Surety Bonds Paragraph two ~2) of Section B~-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now~in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent ~10~} of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent 4~.Oa} of the Surety Company's capital and surplus with reinsurers} authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent X10$} of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,O~Q~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 $~.00,~00 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption ~NQT USED) 4J V V V .L V a i 1 W V [.. [.. , 1 K L1 L L1 V 1141..) ~__A'1 _ 4 y V 11 L i f117 ~ ^ ~/ V „1.. tiJ y ~ ~/ i l, ~~ 1 4~ ~ ~l y~' J.. T i ~~ 1 I 1 1 ~ 1 1 1 ~..~ f 1 1 1 / . • ~ 1 1 1 D,~~~-, ~., m„~,., n 1 1 1 1 ~~ ~~ 1 1 1 1 . 1 , 1 ~~~~~~~ 1 1 , / 1 1 , . 1 1 1 1 ~ - Section A - SP (Revised 9/~8/00) Page 12 0~ 26 n ~- n ~_i_c. n~~ rir~ 1~ n r ' A-26 Su lemental Insurance Re irements 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: ~n 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 e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.Q. Box 9277 Corpus Christi, Texas 7$69-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty X30} calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty X30} calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate~of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-x--11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance caverage 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 4n 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, a.ts agents, servants, or employees or any person indemnified hereunder. A-27 Res onsibilit for Dama a Claims SNOT USED . , r . Section A - SP (Revised 9/18/Oa) Page 13 of 26 A-2B Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two ~2y 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. Tf 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. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety ~94~ 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 ~5j years recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five ~5y years recent experience in similar work and be subordinate to the su erintendent. Foreman__cannot act as superintendent without prior written-a~proval_,from the Cites ~_ 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. Tf the Contractor fails to obtain prior written. approval of the City Engineer concerning any substitutions or replacements in its field administration Section A - SP ~Re~ised 9/~-8100 Page ~,~ of 26 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--3a Amended "Consideration of Contract" Re irements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5} working days following the public opening and reading of the proposals, the three ~3} apparent lowest bidders abased on the Base Hid 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; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made. to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; ?. A preliminary progress schedule indicating relationships between the majar 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. Secta.on A - SP ~Rev~.sed 9/18/OO) Page 15 of 26 14. Within five 45y 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 ~sy authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Wark and Change orders ~.~ ,._ Under "General Provisions .and Requirements for Municipal.Construction Contracts" B- 8-5 Polic an Extra Work and Chan e Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,004.00. The Contractor acknowledges that any change orders in an amount in excess of $25,040.00 must also be approved by the City Council. A~32 Amended "'Execution of Contract"' Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-l. A-34 Precedence of Contract Documents ~n 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 Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions cif applicable}, construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 Cit Water Facilitates: S ecial Re irements SNOT USED} ' , Section A w SP (Revised 9118100) Page 1G of 26 q t~~FrII~G~r~~ i • 1 I ! 1 1 I 1 ! I ~ ~ ~ ! / 1 1 I ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ ' • I I 1 1 I ~~ •. ~ r 1 t ( • .I • I Section A - SP (Revised 9/18/0) Page 17 a~ 26 I r ~ r ~ - ~ ~ ~ - - - - r r r ~ - ~nv~__^~- ~r~-~n~ ~ err rr.. vv..ii ~1 t-err. -C.~"~7 • ~ ~ ~ ~ r r t ~ , ~ ` y^..~ 1~ ~,-, {-` •~ V ~T' ~ A - ~ /l Y~ ~ r~Q't. 4 ~ r ~ ~ • ~ ~ ~ ~ l ~ . ~ ~ r r ~ / ~ r i • ^ r fi r-~ n m ^~ 'n'l t 'F~/~~ r+ r ~ r r ~ ~ ~ i • • ~ ~ ~ ~ ~ r ~ ~ • • r ~ ~ r ~ ~ ~ ~ • ~ r ~ ~ ~ ~ ~ r • Sec~xon A - SP (Reprised 9/~.$/Op} Page 18 of 26 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets seven if electrical? for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional. number required for return for~his files, manufacturers, sub-contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one ~1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal ,Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number~s~, and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of, Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, end coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. variations: Contractor must identify any, proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Sam les: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three X37 copies of all shop test data, and ~, repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related e ui ment will not be a roved for use on the project. Section A - S~ ~Reva.sed 9/I8/00) Page 19 of 26 A-37 Amended "Arran ement and Char a for Water Furnished b the Cit " Under "General Provisions and Requirements for Municipal Construction Contracts", B~- G-15 Arran ement and Charge for water__Furnished by the City, add the following: ~~ "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended the "Plan"}. This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-canstruction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Com ensation Covera a for Buildin or Construction Pro'ects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of_Occupancy and Final Acceptance Not Used} A-4~ Amendment to Section B-B-fi: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, nan-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier ,has been paid for the materials delivered to the Project worksite. A-41 Ozone Adviso Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day--a~r~-~-~^ "^~^~r~t-~ w~~-1-- -~}-^^' ~~„^z ~~~ ire-~t~~-n- . A-42 OSHA Rules & Regulations Tt is the responsibility of the Contractors} to adhere to all applicable OSHA rules and regulations while performing any and all City--related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-2~. Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents. harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever Section A - SP (Revised 9I x.81 QQ~ Page 20 of 26 from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Chan a Orders Should a change orders} be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.}. This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 AswBuilt Dimensions and Drawin s ~7/5/00) ~a} Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location horizontal and verticals of all facilities. fib} Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, .to show as--built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: ~1y Horizontal and vertical dimensions due to substitutions/field changes. (Z} 3 11 T~1-„~, „n '~ -~ ~ rn 1 ~ ~~ -. h ri ~. 1 1 ; ,~, n f- -, 1 1 ....1 n r_xz 1 ] x:1m.f~1=1 ~~ } "`I'PLTlCCC~T ~pII'-'C.~SZ ~11U Uu.i.i~.u v~u~.~+s~~t+L~ u . X47 Deletions, additions, and changes to scope of work. ~5} Any other changes made. ~fiy Horizontal and vertical dimensions of existing utilities affected, orossed or found during the construction. A-4 6 Di s osal of Hi hl Chlorinated water ~ 7 f 5 / D 0 ~ The Contractor shall be responsible for the disposal of water used far testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-Construction E lorato Excavations ~7/5/QO) Not Used} ~~ rr r t ~: .~i-~~ 1 ~ _ _ _ _ _ _ . Section A -- SP Revised 9/~.8/0Qy Page 21 of 26 r ~~N~~~ A-48 Overhead Electrical Wires X7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. 1t 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-4 9 Amended r'Maintenance Guarant " ~ S / 2 9 / 0 0) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-~.~. 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 Technical_Special Provisions niunnnr~n.r The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils lf, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. Zf the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 29" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 29" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On-Site Stockpiles: Excess material from excavation, whether non-contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run--on, runoff„ and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean-soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to Sectzan A - SP (Revised 9/18/D0y Page 22 of 26 prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor, 3. Disposal of Excess Non~Contaminated.Sail: The balance of any non-contaminated soil not used in backfzll, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees,. constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a permitted disposal area. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A-5~ Fpneps All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon, Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work acros s any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public and Private Pro ert Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer, Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Wark or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. Section A - SP Revised 9/18/a0~ Page 23 of 2~ A~54 Securit Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal~to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting,. and other measures as required to protect the site. A-55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project . A--56 Parkin Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, owner's operations, or construction activities. A-57 Noise Control 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 noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, .and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A--58 Dust Control Contractar 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 practicable, dusty materials ~in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A-59 Tem ora Draina a Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Section A -- SP Revised 9/18100) Page 24 of 26 Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channelsy, to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. See also: Section T1-E20 of the Technical Specifications, Storm Water Pollution Prevention. A-60 Dewaterin This item is considered subsidiary to the appropriate bid items or shall be measured by the linear feet of trench as described in Section A-4 where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm~s~ prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/ar settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Ship Channel. Testing of groundwater quality is to be performed by the City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City' s expense, a minimum of once a week. Contractor shall coordinate with the City, an all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857-x.$17 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit aver night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. A~61 Amended Prosecution and Pro ress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Pro ress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 9/18/00) Page 25 of 2~ SUBMITTAL TRANSMITTAL FORM PROJECT: Salt Flats Draina e S stem Im rovements Phase II Sta. 17+5d throw h Sta. 39+20 ~Cit Pro'ect No. 216D~ OWNER: Cit of Co us Christi ENGINEER: Urban En ineerin CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUM}3ER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP Revised 9f~.8/00} Page 26 of 26 ATTACHMENT I PROJECT SIGN .o-.~ .a-x .~-,s _ .~-,: .a-,z .9 ___ ~' ~~ a ~~ ~~ ~~ ~~~ n ~ _~ ~ C__~_ ~ '~ _~ ~r 3 ~~ ~~ .~ TECHNICAL SPECIAL PROVISIONS TECHNICAL SPECIAL PROVISIONS These Technical Special Provisions amend or supplement the Technical Specifications and other provisions of the Contract Documents. All provisions which are not sa amended or supplemented remain in full force and effect. ARTICLE TS-1 DEFINITIONS ENGINEER -Whenever the word "ENGINEER" is used in this Contract, it shall be understood as referring to Urban Engineering Consulting Engineers, 2725 Swantner, Corpus Christi, Texas 78404, ~3G1} 854-3101, or their authorized representative. Design Specification -- Whenever the term "Design Specification" is used, it shall be understood that the performance of the completed work is as designed by the ENGINEER, and the CONTRACTOR must follow the requirements of the drawings and specifications; followed the manufacturer's recommendations material and equipment}; followed industry standard procedures and provided top quality workmanship. Performance Specification - ~lhenever the term "Performance Specification" is used, it shall be understood that the performance of the completed work is the responsibility of the CONTRACTOR, provided the OWNER has faithfully followed all written operational and maintenance instructions supplied by the CONTRACTOR. The CONTRACTOR is not relieved of the responsibility for improper performance of the completed work even if there 'was improper operation and/or maintenance by the OWNER but it obviously was not the cause of improper performance.} In a performance specification, the CONTRACTOR is responsible for the design of the item furnished and installed by him. It~is intended that the item function properly without excessive operation and maintenance being required by the OWNER. The item furnished must incorporate the features specified but still perform as intended. The materials specified are to set a minimum standard but shall not be considered a design. If the design furnished by the CONTRACTOR requires higher quality material in order to perform as intended, it shall be furnished at no increase in cost to the Contract amount. When minimum dimensions are specified, they shall not be considered a design. If the design furnished by the CONTRACTOR requires larger dimensions in order to perform as intended, it shall be furnished at no increase in cost to the Contract amount. Work - Whenever the word "Work" is used it shall be understood as referring to all materials, supplies, machinery, equipment, plant, tools, superintendence, labor, bonds, insurance, water, light, power, fuel, transportation, royalty fees and any other facilities necessary to the proper execution and completion of the project. The Contractor shall provide and pay for all the aforementioned items. ARTICLE TS--2 ERRORS AND ~MISSI4NS 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 Tech. Spec. Prov. Page 1 of 3 causes an increase in Contracto.r's cost, Contractor shall be compensated for such increase in cost as provided elsewhere. 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 the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the 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. ARTICLE TS--3 LACK OF INFORMATION If the Contractor 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. The Contractor shall. not use the lack of information as a basis for requesting extra compensation. ARTICLE TS-~ LAYOUT OF THE WORK The Contractor shall layout the work from the existing facilities. 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 Engineer prior to deviation. If, in the opinion of the Engineer, the required deviation would necessitate a revision to the Drawings, the Contractor shall provide supporting measurements as required by the Engineer. ARTICLE TS-5 QUALIFTCATIDNS 4F MANUFACTURER'S FIELD SER~IICE REPRESENTATIVES 1. General: The technical specifications require that fox certain equipment and other items, the manufacturer shall include in his cost to the Contractor specified periods of on-site time of a qualified factory field service engineer to provide certain services. Providing these services is an extremely important part of seeing that the item is installed, adjusted and serviced properly. This, in turn, will help insure that the item furnished will function as intended and have a useful, trouble-free service life. 2. Prior Approval: As part of _the submittal data required, the name and complete qualifications of the person the manufacturer proposes to send as his representative must be included. The Engineer will have the right to reject any person who, in the Engineer's opinion, is not qualified to perform the required services based on the information furnished, 3. On~-The-Site Rejection: In the event a manufacturer's representative, while on the job site, demonstrates din the opinion of the Engineery that he/she is not thoroughly qualified to perform the required services, the Engineer shall have the right to immediately stop these services. The Contractor is obligated to replace the manufacturer's representative with a person who is qualified to redo as much of the completed service designated by the Engineer .and complete the Tech. Spec. Prov. Page 2 of 3 remaining services. This shall be done at no increase in the Contract amount ono cost to the City}. 4. Video Tapes: The City reserves the right to video tape any and all services performed by manufacturer's field service representatives). The Contractor shall give the Engineer seven~~days advance notice of when services will be performed by the manufacturer's representative. Should the Contractor fail to provide the required advance notice, the Engineer shall have the right to reschedule services to accommodate the City. ARTICLE TS-6 TENT~,TIVE APPROVAL AND ALTERNATE DESIGNS 1. Alternate Design Concept: a. General: If a Contractor desires to base his bid on a concept different from that shown in the Contract Documents, it shall be said Contractor's responsibility to submit to the Engineer, 14 days prior to the date of bid opening, complete details of said concept including required modifications, if any, to existing or proposed structures. The final decision to accept or reject the alternate design concept shall rest solely with the Engineer acting on behalf of the City, with said acceptance or rejection being in writing from the Engineer to the prospective bidder no later than 4$ hours before, bid opening time. Time is of the essence, and failure of the bidder using a different design concept, from that shown on the drawings or described in these specifications, to submit to the Engineer complete details 14 days prior to bid opening will cause said concept to be excluded from consideration. Alternate Designs not obtaining approval prior to bidding shall not be used in the construction of this project. b. Equipment: If the approved alternate design involves equipment, the Contractor is not relieved of any responsibility regarding performance of the equipment after installation. Likewise, no extras will be paid the Contractor for any changes found necessary to adapt the alternate equipment, such as modifications to the drawings, structural or foundation changes, additional piping and valves, changes in pipe sizes, electrical alterations, or any other modifications. Tech. Spec. Prov, Page 3 of 3 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 23RD 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 Bri es S cialties Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $280 227.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: caT•T FLATS DRAINAGE SY3TE~ I~ROVF~NT3 PHASE II STA. 17+50 THROUGH STA. 39+20 PROJECT NO. 2160 (TOTAL SASE SID: $280,227.50) 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 ~~ ~~~ ~ ~~~ s~~~~ r ~~c _ _= s=r N ~ ~ ~ ~ ~ ~ r ~ _ ~. ~fi ~ =mar ~ ~ ~ 1 ~, ~ 9D ~ Remove ar~.d Replace ~ G' fide SY Bastion t f Generate Llna.ng ~xo~n Sta~ 1~+50 tc 3ta, ~~~~5 and $ta. ~g+2~ to Sta. ~5+53, ~~ G late ~.n Zace ®r SY ' ~ ~ 1 LS Railroad 8rldge Na. ~ Channel zmprovea~~nt~s, Sta. 24+b5 to T ~5+Z5 p ~ ~5 cc '" ~ , ~,. in p~,aaa p,er LS ~ 3 ~ LS Clean Exlstiny Channel Exam Sta. 2~+53 to 5ta, 39+~p, l ~ ~ (~~ (~ ~ ~ a ets ~n ia~e er LS ..~.-. 4 X p@ Clean ~x,~stfng Channel from ~ .r ily7 ~tC~• 175 ~ ~~ tar ~5*~~f ~~ G~ late ~n ~#ce r l,S ~ P ~ i ~ ~~ 5 ~, ~3D 8~reakotat ~~d. Repair Failed .,~ SF Cancr~te miner, aamplete in ~l 5F o ~ ~ ~'` a, ~ aae per p ~ 843 LF dal ~;a1 8~ ma ~ens~ ~Qr t~et C~ditiaAe , ~ ~~ e ~ ~~~ ~ ~ ! i ~4 ~~~ ~: a1r~M~4~~ ~1~• ~ ~ ~ ~~ rM#It 1 ~ ,I t ~~ ~~A~~~`F f ~~1A~~~ ~~~ ~ 5Q Gisgaaal c:~f Contaminated So~.l ~ ~ ~ ~ CY co~r fete ~.n leas er Cy P ~ p ~ ~ ~~ $ ~ _ ~,~ 1 ~tili~y ~ Flap Gaffe Allowance LS ~Ma~d~tar~„ ~-llo~r,~) , complete ~.n pleas per L$ $35 ~ 444 ~~5 r OtiB T~1L Bid: $ ~_~ l thx~ 14~ N~T~; The above unit griae;~, moat include all l abor, materiais~ k~ailiny~ ret~tQYa~~ averheadl _ ~~a~it~ ir~aurance, etas, to ~:avex the finished v~ark of the sevexal kinds galled for aid the owner -eserves the right to inare~~se ar decrease the quantity of any bf~d stem. The ebave quantitses ,ire approximate, ~ ir~Glude an ~dd~.tYCnal 5~ f n some asses ~ and ~y vary frc~ the find entities ~a riot oa~der materiaX based a n these a ~:yx~,m~t e quanta ,~, , . _ , ~ ADDENb NQ. 1 Attaahme~at Nc~ . 3 ~~qe 3 of ~ ~vrssr ~~ ~a~ ear ~ o~ ~ The Contractor will commence work within ten ~1~} calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST• City Secretary ciTY o~ coRPUS cxRisTi By• Oscar Martinez Assistant City Manager APPR AS To LEGAL Fo By' Asst. City Attorney ~~''~ S S~~CI,~ ~~'~. ~~a ~ ~r ,~ ~~. -. ~~) n ~ y ~ - a`~. o ,~~ o C7 ~ ~ w ~ V ~' ~ w ' .- v ~~ :, ~ ~ . ~~ ~ *v ~ *~~:~ ~~~ ~W~~~m~~~ ,~~*~ ~~~ ~~ ~~~~Q~ilEll~i~~~~~r~ By• Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Bri es S ecialti s Inc. 4~ By: Title : ~` ~,~ ; ~~ 117 STDVALL Address} SANDIA, TX 78383 City} State} ZIP} 361/215--5141 * 361/547--1769 Phone} Fax} Agreement Page 2 of 2 ~~ : ,~ AUTHaR f ~ rr~n~M r ~W~~~1 yWf yy~r~ +.t"dd VV. ~'~ V/wVVVV4 ~1 ~Vli! ll,rlrltii 1V1 { {~~.Ati.. V+..If •~: F~~~C~SAL F~R~ F~~ SALT ~Id-TS DR1-I~ SY3T~'J[ I~PROV~1~li'P$ !-HA38 II 8TA. 17+50 TAROIIGH STA. 39+20 PR0.7ECT 1~0. 2160 aEgA~T~~T a~ E~~~~~~R~~~ sE~v~c~s ~ZTY OF ~C~RPUS ~~~I~TI ~ T~A$ . 1~VrSED FAOPQ~jL FDRM AIUD~NQUM ~Q ~ 1 PAGE 1 ~~' 6 ~tt~~~a~r~~ Na . 3 gage 1 Qf ~ PROP 4 ~ ~ L P1~~~ r ~ ~~ .~. ~dt~. ~ •. ~ ti Pry sal a~ , a ~or~~~~rat~an ~~~a,ni~ad end ~~i.at.~ng under the laws of t~~ ~t~;ata of ~~ a Far~tnership ~r Yndi~ridualdoing businaa~ as T~ : '1~ ~~ Q~ Canna i ski , 'lea Gentlemen: 'lha un~:~er~,igned hereby pr~pase~ to fu~n~.~h all labor ar~d materials, taol~... and n~c~aaar~ agvip~~nt, and ~~ perform the r~oxk required ter: e~L!~ ~'~ t~1I~ BI`L 3~V'~S ~t the locations yet out by the plans and s~e~ifi~atians and ire 9t~iCt accaxdano~~ with the oontr~ct d~cumen~a for the ~a11.~win Q prices, to~Wit: ADD~DU~ No. ~, Attachment No. ~ P~-qe 2 of G i~~AD @AOP09~, FRAM ~At3E ~ Q~' ~ F P'1tiAL 1 Lf 1 1 r~ ALT 1~$ ~ ~~'~ ~ ~~ F~18~ II ~. i7~50 ~T~. 3~~2C ACT Imo. ZI~~ ~ ~!~ 3 . =_ ~=r zv ~ ~ ~. ~i '1'~!T D~ ICIr ~ I . ~' ~r~~~ ~@ma~ ~r'.d Replace fib' fide SY Se~tian c f Ca~orete Llr~fng ~xQm Sta. 17~5~ to Sta,, 24*65 and $ta, ~5~~5 to Sta. Z5+53, co lets sn leas ®r SY ~~ $ 2 1 Railroad Bridge No. ~ Channel, ~, LS 1mprQVements~ Sta. 24+b5 to ~5+Z5 ~ 1 D ~., . in ~ per LS $ ~ Clean Exi st i rig C~~-nnel f ~ra~t ~ L5 Sta. 2~+53 to Sta, ~~+2~r 1 ~ ~ ~D~~ ~ ~ ~ $ c ~~~ ri lase er z ~, 4 ~ Z~ Clean Existing Cannel from r °v c~: .~ }, ~ tar 17*~ ~ t~ ~4-~ r 2~*~~r a 1 ete n l j ~ a~ ~ g ace er ~S p 5 1, 434 ~xeakout ~r~d. Repair Failed ,,~ SF Cancr~te .~iner~ complete a.n lace e 5F 1 ~ I ~ r ~ P o ~ 843 ~' dal ~R.:~a~l 8~ ~s ~aarea~ gar ~ie~t C.ti~ne, ~ c~. ~:~ ;,~ 1~ ~ ~ ~ "~ I ~ ~ ~il~r-d ~~~ra~e~ive Lsab. ~ , r X31 • ~ F~~ LS ~ ~ d ~ ~~' $ 8 I ~-iif ~c~R~~~,feo for ~ y ~ ~ ~~d~~ ~~1, ~ p~rvr ~ E!~ ~ ~~ $ ~~ 9 50 ~~ Disgoaal c:~f Conte~ninated Sa~.l~ ~~~ ~e ~ l ~ ~' ~ ~ ~~ y . ` a ~ e~ 4 i P p o F $ ~ ~,0 1 utility ~ Flap Gate Allowa,nae L~ ~~~~„ ~llo~r~y oomplete ~.n place per LS ~SS~OaQ ~25,Q0~ S'~ z TOTAL ~ 8th; $ ~=tom l t.~iav~ 1Qy r N~T~; The above unit pa~ioe~~~ must include all labor, ~lateria~,9r l~silin~q~ ~eritaval, averheadr ?rof,~t~ 1mauranCe, eto., to ~.:avex~ the fin~,a~ed park Qf the sevexal kinds called for and tY~e Owmer 'e5erves the right to inaxe~~ee or deore~-a® the quantity of any bid item. The above quantities ire apprQxin~ate~ ~ ir~alude an ~~fc~itias~al 5~ in some asses, and ~y vary from tha final anti~kiea. Dca riot axder fiaterial heBed ~n these a ~Qx~.l~et® ntLtiee . ADDEN~~i N4. 1 AttaGh~men~t No . 3 gage 3 of G F~vZe~D ~~I~DSAL FGAM PI~GGE 3 Ole b The ur~de rsi.gned hereby deolares tl~a ~ • end has caref the hay vxs~.ted the seta ally eram~ined the ~lar~s, s ecifica ' documents relatinc~ p , tior~s and o~ntract to the war] covered by his bYd or h' agrees to da the wc:,r~k sds, that he and that na r$pr'e$entatf one made b th ' ~n and sense a war::~ant but a Y, a city are Ca ~ re mere eatYmates far the gua.dance of th r~tractQr. e upon not ific~tian of at~ard of cant c 41~~ calendar da ~: xa t, we ws11 witb~n tern ~~~~ e~ce~ute the formal oantraot and w~.ll de Ferf at7nanae Band € as re f r 1 fiver a ~ ed~ foa~ the faithful, pez•formance Qf aantra~t and a ~ay~rnent Eared th~.a has requzr~d~ to snsua~e payment fax a labor, and materf al;~ + The bi 1~1 d bind attached to tha.s proposaX x~n t amount ~f ~~ of thF~ hi hest o ~ he 9 , am ur~t bed, f ~ to bec~ne the pro ax~t of the pity ~f Carpus ~hrf et i a~n the ve p Y e nt the contrast and bands axe gat executed wzthi~n the tie above set forth as 1 ' dela a squidated damages for the ~ nd addf tion~~l work caused thereb Y ~tiuar#,~~'arf~ ~asss ~#~s isa gar • a arena law ~ t~iazpat~i~rn ; The FP b~.dder shall, witha~n five da $ of re~ei t , to.the Git En ' ~ Y p of bids, submit • ~ gineer, ~n writs~-g~ the napes and addresses paxtics atin 1n ': of E fs~s P g t,~e cor~traot and a descr~,ptf an of the work perfa,~ned and its do7.laz~ val to be ue far 1~id eva~uatS.an purpose. mar of dad ~e~e a~ ~r : The contra handy will be -re ~:~ Gt and all p p red sn not Zee s than four taunter aa~t ~ ari ins slgned~ eats. p ~ 1 ~~ of ~ ~iaa: The ur~deraigned a Tees to ca Y 1 ~ ~ ate the work within ~4 1~ ~~~e f nom the date deaf Hated b a ~ 9 y ark order CQrnpl,etiar~ shall ~:~e ba4ed an satisfactor w acc~rda ~ ark, can~pleted~ in r~ae with the plan, specYfzcatians, and contract dac acoapted by the ~f t~.~, cents and the under~:~igned further declares that he will ' nece$sar tools an~:~ provide all ~ apparatus, da a11. the work ar~d furnish a m~atera,al~ and do ev~:~r thi ~,1 ~ nab r'eguired to carr~r out the above ment~.aned work cavexed by this:. ~arogasal~, in strict accordan ' ae wsth the contract documents ar~d the requirements pea~ta~nin thexeta ~ g , fog the sum ar eums eve yet forth. ~ c~eipt off:: the foYlaw~.ng adde~ada ~s ackno~rled e a numbers : ~ ~ { ddenda ~~~AL - I~ ~z~D~R ZS a ~Q~pora~a.on ) ~ : D~ got d~~a+ch bid f.:~p~a other papers . Fill is w~,th ink aid au,t cao~tplate with ~t~d~h®d ~aF®r~, Respectfully subrnitt~d: Name: . $Y= Adares s : ~ ~,'~ S ~~ 11 ~~o~~ ox7 . ~ St`reet) ~ ~r_., X353 ~cx~_~ cstat i~ ~zis~ Telephone: ~j f a ~ C~_ ~; --.~_ ~A~~~~~d A~~a~ aoaa acv=sEn ~aoFas~ ~o~ ~~g~oF~ AaDL~~DUM N~, ~ A~t~Chnte~t NQ , 3 page ~ of G PERFORMANCE BOND BOND No. 5047760 STATE OF TEXAS ~ COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Brid es S ecialties InG. of JIM WELLS County, Texas, hereinafter called "Principal", and SURETEC INSURANCE COMPANY a corporation organized under the laws of the State of TExAS , 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 TWO HUNDRED EIGHTY THOUSAND TWO HUNDRED TWENTY-SEVEN AND 50/100~$28~,227.5~} 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: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD of aUNE , 20 .09 , a copy of which is hereto attached and made a part hereof, for the construction of: SALT F'I~A-TS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17+50 THROUGH STA. 39+20 PROJECT NO. 2160 TOTAL BASE BID: $280,227.50} NOW, THEREFORE, 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/ar replace all defects due to faulty materials and/or workmanship that appear within a period of one X17 year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full farce 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 ~ This bond is given to meet the requirements of Article X160, 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. 7.191, Vernon's Texas Insurance Code. IN WITNESS WSERECF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1sT day of JULY 20 09 . PRINCIPAL BRIDGES SPECIALTIES INC. ,~ By: Print Name & Title AT~ST (Pri Name & Title) SURETY SURETEC INSURANCE COMPANY B Y ~ ,~~ ~t Attorne n-fact MARY ELLEN MORE Print Name} ~~n~; SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MO4RE AC'esS : P. 4. BOX 8 7 0 CORPUS CHRISTI, TEXAS 78443 Phone Number: 361-883-1711 (ND~"E: ~a to of Performance Bond must not be prior to date of contract} (Revised 3/08} Performance Bond Page 2 of 2 PAYMENT BAND BOND N0, 5047760 STATE OF TEXAS § COUNTY ~F NUECES § KNOW ALL BY THESE PRESENTS: THAT ~dg_Specialties,,,,~,,.,wI,nc~ of JIM WELLS County, Texas, ~ hereinafter called "Principal", and SURETEC INSURANCE COMPANY a corporation organized under the laws of the State of TEXAS 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 TWD HUNDRED EIGHTY THOUSAND, TWQ .~.. HUNDRED TWENTY~SEVEN AND 5Q/lOQ~$284 227.5Q~ 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: TEE CONDITION OF THIS aBLIGATIDN IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day JUNE 24~, a copy of which is hereto attached and made a part hereof, for the construction of: SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PEASE II STA. 17+5D THROUGH STA. 39+20 PROJECT NQ . 2 l fi Q ~T4TAL BASE SID: $28Q,227.5Q~ 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 Pond Page 1 o f ~ This bond is given to meet the requirements of Article 5150, 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 WITNESS WHEREQF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1sT day of JULY ~~ 09 • PRINCIPAL BRIDGES SPECIALTIES, INCa By. BRIAN BRIDGES, PRESIDENT (Print Name & Title} AT~ST ~ea?-~ ~ 1~.~ , b-~ I,~ (Print Name & Title) ~~ SURETY SURETEC INSURANCE COMPANY - By' ~ Attorney -fact MARY ELLEN MOORS Print Name} ,~@,~~; SWANTNER & CORDON INSURANCE AGENCY Contact person: MARY ELLEN MOORS Addz'esS: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 phone Number: 351-883-1711 r (NOTE: Date of Payment Bond must not be prior to date of contract? Revised 3/087 Payment Bond Page 2 of 2 PoA #: 4221023 SureTec Insurance Company LIMITED POWER OF ATTORNEY .~ ~,y ~~~s~ ~~~ ~l ~~ ~SU~~ `M~'A~ ~ '~ ~ a cc~ t~~n l ~ iced and ~~'> ~x~s~~ under a ors ~~" ~ Sl~i~ c`~'~~~~ a~ ~.av~i~ t~ ~t~~p ~~ ~ Hate, ~~ +u~t~a Ted, ~o ~y use ~re~.~s ma~e,:eattt~ d int Randal M. Lee, Mary Ellen Moore, Howard M. Cantwell, Amy Shumate, Tami J. Duncan its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and noli00 x$5,000,000.00} and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys}-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: . ~t ~~! t,~~ ~ ~tc~ any ~~~~~~ y ,,si~i~nt ~lP~ld~n~ any ~'r~r ~ ,s~~.~ ~l b~~and is l~by ~~ ~ ~l paw aid ~u~.~~+ ap ~ ~ car ~ suite ~~s Atto~~s~in~Fa`to`~~.1 `~ aet ~~r aiad on li~~fof~ ~b~~ t~ tb ~l~o~g pt'~wi~ic~i€~ , ~~ - ~ y ~ wer . pcy au ~ or and ~~ tl~ n~m~e and:af~ of ~~~ tv ~~ a~~owle~ and l~~w any and all ba:~ ~ca~cea ~ant~, ag~n~ or i~n~ and der e~~.til ~r-obli~y uteri d y aid all ocum+~~ c~nt~n~: ~ t~~~g ~c ~~ s lt~ht d~~d: d ~n ash u~~n~mts ao ~ut~l b ' 4 ' ry ~ y ~ sr~ch ~es . . t~ ~ ~ttt-~' X11 l~ btncl tie ~y as tf aim by t Prea~dent and ~~. and effeet~d the ~t~ teary. .~~ l~ Res+a~ ~ ~ ~~ ~f ~y ~t~h~ agar aid i ~f the ~npy ha~ra~a or ~~ ~ to any der of atmey ar ~y'~i~~ate t~iating, dt~etc~ facsim~l~ a a~ par~+~ of ate oar 'i~i~ate ~in~ faeair~iii~ ~igi~tun~ ~ ~itniie i sail l~ vaiid ' +i i r x acid bnn~ ~ ~o~~ Frith ~.ta an~r bo~.d or t~~ ~ ~~~ ~t ta.aat~; ~.~~~;~~ ~t ~ ~,~ ~~~~ ~n ~' ~f ~~rfil,. 199~,~ . ~~ ~~~ ~~~~a,~ S ~= C~C'~~~~ C~!MPA~ ~ ~aa ~ ~nl~ b ~i~ b~ i l~i~~ d ~ ~oa~ ~l ~~~~~ «.i ..L } ~ : ~' x~ v~ ,.: ' c. t:; ...: ~s.. n Stag;~f T~ ss: ~ 'a' j '~ w '~.FIYY~~y` ~yq. County of ~s w .,(` •' ~' $~ . (fin tins ~llh day of ~~, 20D 1~~ m~ p~~ll~ ~ ~.~. ~ to ttt~'~.a~vn, who, h~ ~e dull sd, dtd ~ a#~il that: ~ r~i~iea * ~ M ~. Ott, T~~ ~t he ~~t ~f ~R~TE~ ~N5I,1~~~~ ~~Iv~'.~-~, ate ~~ ~iti a~ and v~ ex~d :thy dl~ ~~en~; fat he knor the seal ~f a~i~ ~Y ~t ~ l a~~ to said riat~rst ~ such ~vrpar ~; that it ~ ~ ~x~ air of ~~ ~ of Dim of~i~ Cp~t Y! and the si~d h~'Aa~~ this by like orc„ ~$ ~~f y ~mis~on ~p~ea ~u~t 27, ~~ 12 . go' ~" I, M: Brunt Beaty, Assts~'irt S~~r ofSC,~'TE~ INS~RA~~E ~A~, do Eby ~fY ~t the Svc and fore ~~ ~ a ~ and colt e of a Pvwar of A~y~ exeCU~d by i~ umy; Mach i~ sal ~ ~l face and effeet; asnitl fi~rthe~; the resolutivn~ 8f ~e Board of ~i~t~rs, ~t out in the Power of Attorney am in fd~ fay and e~; war ~ndery hattc ~ ~~ a~ ~f d many at~~u~~~,'~~x tl~s l ~y old JUL ~..~~.~ ~tl 49 ~ A~D. l l~r~~t ~~, ;~a~~ ~ cr~t~y Arty ~netr~nent ~sauad ~ exams ~` the ~inalty,~d ~arnr ~e tcrtlY w31d and ~ho~ any v~di~.' Fs~r r~er~o~ o~ anthem t~ thle porarer ~a~ rna~ oai~ ~~~ e~~-0 ar~r hl~ day men ~.~Q am and ~.~ p~ COY. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's tali free telephone number for information or to make a complaint at:1-S66-132-4099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 1H146 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P~ Box 149104 Austin, TX 75714-9104 Fax#: 512-475-1711 PREMIUM QR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Maid, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached dues not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 11.11 A3