HomeMy WebLinkAboutC2009-306 - 2/24/2009 - ApprovedX009-30~
.71~00J~04/
0~l24109
Sal-Con, Xnc.
5 ~ ~ ~~ ~~ ~; ~'~~~ ~ I a l ~ ~ ~
~ P E ~ ~ µ~~~~ ~ I 4 I~ ~
~. ~' ~
~~ ~~
tirv~+re.Nrr~r~w~wu~nirw+>tia ~nin w r+rrrrwr a~n~wra++r~raara+aeurxr+tvaer~aar,rs~. ~en1u~
~rM~~~~ 7 ~E .WI
niar`,1~' ~] r
~~yNJa ~i 1~h~.'bAt~~~ ~~I ~~k~~YfY+~~~~/e.A ~ ~ V/'
~nalurwae~rM~L4rNnA~'IawulfiuYNV~Ii~AMIr a~ w~INIr7~nRMNNra +wryMMru tnean~wSA'.rrrn 1JI~M+A11p91afRw'
~'~~JE~.~' ~.~~HIiE~T ;
~~:1. ~~7~'~'~: ~~P~.~'L~~ a~,'~.EE~, ?~~#~~:
~~~'~~~ S ~~~~r ~I , TE~~
~E~ ;3F1.~~~.~~~2~
~w~: ~~~. ~ ~~~ . +~~19
~~~
~EF,~i~,'~~~4~~' ~F~ Ex~~ I~~EERINC ~E~~~'I ~;E ~
~" I ~ ~~ ~~~ ~~~~~~'~ ~HF'~:~ ~°~' I r TE:~.~
Fha~:~:: ~f~~~8~~35~0
Fay : 3~~.~~~~-~3aD1 ~
~•ewrrrra~~rs~rar~nrarwrru~,rwrw~irw~w~ .r
~~rr r
WltiF111LilIMAitIRM1MYR M~lr7A/M
h `h~~
Ildb~tLD
tRevised 6/27/99)
PACKERY CHANNEL
SOUTH PARKING LOT RBSTRQQMS - 2008
PROJECT NUMBER 5238
TABLE QF CQNTENTS
NOTICS TQ BIDDERS Revised 7/5/2000}
NOTICF~ T4 CONTRACTORS - A
Insurance Requirements Revised May 2006}
NOTICE TO CONTRACTORS - B
Worker's Compensation Coverage For Building or Construction Projects
For Government Entities
PART A ~- SPECIAL PROVISIONS
A-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
A-11 Cooperation with Public Agencies
.A-12 Maintenance of Services '
' NOT USED
A-14 Construction Equipment Spillage and Tracking
A-l5 Excavation and Removals
A-16 DisposalfSalvage of Materials
' NOT USED
A-18 Schedule and Sequence of Construction
A-19 Construction Staking
A-20 Testing and Certification
A- 21 Project Signs
A-22 Minority/Minority Business Enterprise Participation Policy
Revised 10/98}
A-23 Inspection Required
A-24 Surety Bonds
' NO LONGER APPLICABLE X6/11/98}
A-26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
A--28 Considerations for Contract Award and Execution
A-29 Contractor's F~.eld Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A-3l Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
Page 1 of 3
' NOT USED
A-36 Other Submittals
NOT USED
A-38 Worker's Compensation Coverage for Building or Construction
Projects for Government Entities
A-39 Certificate of Occupancy and Final Acceptance
A-40 Amendment tv Section B-8-6: Partial Estimates
A-41 Ozone Advisory
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless X9/98}
A-44 Change Orders ~4/26/99~
A-45 As Built Dimensions and Drawings (7/5/00
' NOT USED
' NOT USED
A-48 Overhead Electrical Wires ~7/5/00~
A-49 Amend "Maintenance Guaranty" X8/24/00}
A-50 Windstorm Certification'
A-51 Amended "Prosecution & Progress"
Submittal Transmittal Form
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIONS
DIVISION 2 -
Section 02050
Section 42230
Section 02315
Section D2320
Section 02362
Section 02755
SITEWORR
- Selective Demolition
- Partial Site Clearing,
- Excavation and Fill
- Backf ill
- Termite Control
- Pavement Markings
DIVISION 3 - CONCRETE
Section 03140 -- Concrete Formwork
Section 03200 - Concrete Reinforcement
Section 03300 - Cast-in-Place Concrete
Section 03370 -- Concrete Cur~.ng
DlvrsaoN ~ - MAsoNR~r
Section D4100 -- Mortar and Masonry Grout
Section 04820 -- Reinforced Unit Masonry Assemblies
DIVISION 5 - METALS
Section 05530 - Gratings
DIVISION 6 - W04D AND PLASTICS
Section 06112 - Framing and Decking
Section 06200 - Finish Carpentry
DIVISION 7 - THERMAL AND MOISTORE PROTECTION
Section D7320 - Roof Tiles
Page 2 of 3
:_ _ .~`~ '.gin 07460 - Siding
. ~:c~~ian 07900 ~- Sealants and Caulking
DIVISION 8 - DOOR AND WINDOWS
::'~~Y~.~~: ~.c~n 08112 - Custom Stainless Steel Doors
:: ~~:~:~.ion 08113 -~ Custom Stainless Steel Frames
Sectian 08710 - Door Hardware
DIVISION 9 - FINISHES
Sectian 09900 - Paints and Coatings
DIVISION 10 - SPECIALTIES
Section 10800 ~- Toilet Accessories
DIVISION 15
Section 15050
Section 15250
Section 15400
Section 15410
Section 15450
PLUMBING
Plumbing General Provisions
Insulation
Soil and Waste Piping Systems
Plumbing Systems
Plumbing Fixtures and Trim
DIVISION 16 - ELECTRICAL
Sectian 16000 - Electrical General Provisions
Sectian 16100 ~- Electrical Systems
Sectian 16240 -~ Lighting Fixtures
APPENDIX A - GEOTECHNICAL INVESTIGATION
LIST OF DRAWINGS
Sheet #l Title Sheet
Sheet #2 Accessibility Data Sheet
Sheet #3 Site Plan, Details
Sheet #4 Floor Plan, Roof Framing Plan, Exterior Elevations &
Building Section
Sheet #5 Wall Sections & Details
Sheet #6 Structural Notes
Sheet #7 Foundation~Plan & Foundation Details
Sheet #8 Electrical Plan, Schedules, Details
Sheet #9 Plumbing Plans, Details, Legend, Schedule and Notes
Sheet #10 Landscape & Irrigation Plan
Sheet #11 Estimated Quantities, Notes & Details
NOTICE
AGREEMENT
PROPOSAL/DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
Page 3 of 3
NOTICE TO BIDDERS
N4TICS TO HIDDSRS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
PACK$RY CHANNSL SOUTH PARKING LOT RSSTROOMS ~ 200a, Project Na. 5238: Consists
of all Work for. Two New Restroom Buildings, including site clearing and.
stripping; termite control; cast-in-place concrete; masonry; metal fabrications;
rough carpentry; wood roof & ceiling framing; f finish carpentry; f ibex cement
soffit, siding and ceilings; concrete the roofing; joint sealants; stainless
steel doors and frames; dpor hardware; paint and coatings; specialties; plumbing
system and fixtures; electrical power'system and lighting fixtures; and final
site cleanup with proper disposal of all materials; all in accordance with the
drawings, specifications, and other construction documents;
will be received at the office of the City Secretary until 2:0~ vn Wednesday,
28 January, 2009, and then publicly opened and read. Any bid received after
closing time will be returned unopened.
A pre-bid meeting is scheduled far Wednesday, Jaauary_21, 2009, beginning at
10:00 AM, at the Department of Sagiaeering Services, Mafia Conference Room, 3r~
Floor, Gity Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre~bid meeting
will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will
be available for questions and answers.
A bid bond in the amount of 5% of the highest amount bid must accompany each
proposal. Failure to provide the bid band will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance
and payment bonds for contracts over $25,aaa.a0 will result in forfeiture of the
5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject
tv mandatory forfeiture to the City if bidding documents are not returned to the
City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured from
the City Engineer upon a deposit of Fifty and ao/l00 Dollars x$50.00} as a
guarantee of their return in good condition within two weeks of bid date.
Documents can be obtained by mail upon receipt of an additional x$10.00} which is
a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates which
prevail in the locality in which this work is to be done and that such wage scale
is set out in the contract documents obtainable at the office of the City
Engineer and the Contractor shall pay not less than the wage rates so shown for
each craft or type of "laborer," "workman," ar "mechanic" employed on this
project .
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City's opinion, seems most advantageous to
the City and in the best interest of the public.
CITY OF CORPUS CHRIST, TEXAS
/s/ Pete Anaya
Director of Eng.~neera.ng Services
/s/ Armando Chapa
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS - A
NC~TI CE T~ CCNTRACT~RS - A
INSURANCE RE~UzREMENTS
Revised May, 2006
.~~~~ Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE 4F INSURANCE MINYMUM INS~RANC$ COVERAGE
~OFVD~,y Notice of Caacellatioa required oa Aodily Injury and Property Damage
all certificates P$R 4CCURRSNCS / 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
r~i. Sroad Fvrm Property Damage
8. Independent Contractors
9 . Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATIQN COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000.
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFE5SIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE [] REQUIRED
Not limited to sudden & accidental NOT REQUIRED
e
' 1 lan -term
discharge, to inc ude g
environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-ll and Supplemental
Insurance Requirements
REQUIRED
NDT REQUIRED
INSTALLATION FLOATER $104,400 Combined Single Limit
See Section B-6-ll and Supplemental
Insurance Requirements
[] REQUTRED
e NQT REQUIRED
Page l of 2
The City of Corpus Christi must be named as an additioaal insured on all
coverages except worker's compensation liability coverage.
OThe name of the project must be listed under "description of operations" on
each certificate of insurance.
ClFor each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30} days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide tv 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 aay queativas regardiag insurance requiremeats, plea8e
contact the Contract Admiaistrator at 880-3500.
Page Z of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Fagelof~l
Texas Administrative Code
TITLE 28
PART 2
CHAPTER 110
SUBCHAPTER B
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
RULE § 11 U~ 11 ~ Reporting Requirements for Br~ilding or Constrr~ction
Projects for GovernmentalEntities
(a}The following wards 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 def ned in the Texas Labor Code, if so defied.
~ 1 } Certificate of coverage ~certif cote}--A copy of a certif icate of insurance, a certificate of
authority to self insure issued by the commission, or a workers' compensation coverage
agreement ~T''VVCC-81, TWCC-8Z, TWCC-83, or TWCC-84}, showing statutory workers'
compensation insurance coverage for the person's ar entity's employees including those subject
to a coverage agreement} providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
~3}Contractor--A person bidding far or awarded a building or construction project by a
gavernmenta entity.
~4} Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §40I.011 X44}.
~S}Coverage agreement--A written agreement on form TWCC-S 1, form TWCC-82, form
TWCC-83, ar form TWCC-$4, Bled with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas W orkers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 4a6, Subchapters F and Cx, as one of
employerlemployee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
~~} Duration of the project--Includes the time from the beginning of work on the project until
the work on the pro ject has been completed and accepted by the governmental entity.
~?}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 an the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as foodlbeverage vendors, off ce supply
deliveries, and delivery of portable toilets.
~S} Praject~~Tncludes 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 classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier ar, 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 pro ject to administrative penalties, criminal penalties, civil penalties, or other
f
civil actions.
~c} A governmental entity that enters into a building or construction contract an a project shall:
(1 }include in the bid specifications, all the provisions of paragraph ~7} of this subsection, using
the language required by paragraph ~7} of this subsection;
~2} as part of the contract, using the language required by paragraph ~7} of this subsection,
require the contractor to perform as required in subsection ~d} of this section;
~3} obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
~4} obtain from the contractor a new certificate of coverage showing extension of coverage:
~A} before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
~B} no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
- ~5}retain certificates of coverage on file for the duration of the project and for three years
thereafter;
~G} 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 wards or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Gr- aphis
Page 3 of 11
~d) A contractor shall:
~ 1 }provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
~2) pravide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the projec#;
~3}provide the governmental entity, prior to the end of the coverage period, a new certif sate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
~4} obtain from each person providing services on a project, and provide to the governmental
entity:
~A} a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
~B} no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
~5} retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
~~} notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
~7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be painted with a title in at least 3U point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission an the sample notice, without any additional words
or changes: Attached Gra hic
~B) contractually require each person with whom it contracts to provide services on a project to:
~A) provide coverage based on praper reporting of classif cation codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
~B) pravide a certificate of coverage to the contractor prior to that person beginning work on
the project;
~C} include in all contracts to pravide services on the project the language in subsection ~e}~3}
of this section;
Page 4 of l l
~D}provide the contractor, prior to the end of the coverage period, a new certif sate of
coverage showing extension of coverage, if the coverage period Shawn on the current certificate
of coverage ends during the duration of the project;
~E} obtain from each other pexson 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 certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
~F} retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
~G} notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the pexson 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 perforzn as required by
subparagraphs (A}~~H} of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
fie} A person providing services on a project, other than a contractor, shall:
~l}provide coverage for its employees providing services on a project, for the duration of the
prof ect based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
~2} provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
~3}have the fallowing 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 wha 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 filed with the
appropriate insurance carrier or, in the case of a self insured, with the commission's Division of
Self-~~nsurance 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 far whom it is providing services on the pro j ect, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
~5} obtain from each person providing services on a pro j ect under contract to it, and provide as
required by its contract:
~A} a certif cafe of coverage, prior to the other person beginning work on the project; and
~B} prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
~7} notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
~$) contractually require each other person with whom it contracts to:
~A} provide coverage based on proper reporting of classif cation codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
~B} provide a certiftcate 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 certif cote 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 cafe of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
~F} retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
~G}notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
~H}contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs ~A}-~G} of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
~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.
fig} 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
~7~r~uant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
~1'ransportation and who provide accidental insurance coverage pursuant to Texas ~ivi1 Statutes,
Article 6d75c, §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.o97~a} has added by House Bi1110S9,
74th Legislature, ~ 995, § 1.20}. This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an. insurance policy or certificate
of authority to self insure that is delivered, issued for delivery, ar renewed on or after January 1,
199.
Source Note; The provisions of this § 110.110 adopted to be effective September 1,1994,19
TexReg 5715; amended to be effective November 6,1995, 20 TexReg 809
Page 7 of 11
T28S 110.110(d)(7)
"REQt1~RED WGR~ERS' CD~VIPE.I~SAT~O.I~ COVERAGE"
"~'he law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. 'his includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 5.I2-44D-3789 to receive infarmat~'on 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 11
'T'28S 110.110(c)(7)
Article .Workers' Compensation .Insurance Coverage.
A. Definitions:
Certif cote of coverage ("certi ~cate')- A copy of a certi acate of insurance, a certi ~cate of
i~~.~: ~~~ority to self insure issued by the commission, or a coverage agreement (TWCC 8~, T`WCC-
SZ, TYYCC° 83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project,
Duration of the project -includes the time from the beginning of the work on the project until the
contractor'slperson'swork on the project has been completed and accepted by the governmental
entity.
.Persons providing services on the project ("subcontractor" in ~4ob 096} -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
~~roject, 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 food~beverage vendors, once supply
deliveries, and delivery of portable toilets.
B. The contractor shalt provide coverage, based on proper reporting of classification codes and
payroll amounts and f ling of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 40z. 0~ 1(44) far all employees of the contractor providing services
on the project, for the duration of the project
C. The Contractor must provide a certi rate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certif sate of coverage ends during
the duration of the project, the contractor must, prior to the end ~of the coverage period, fire a
new certi zcate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on f it e certificates of coverage showing coverage far all persons
providing services on the project; and
(2) no later.than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of 11
F The contractor shall retain all required certificates of coverage far the duration of the project
and far one year thereafter.
G. The contractor shall nat~ the governmental entity in writing by certi red marl or personal
delivery, within 1 D 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, forth and manner
prescribed by the Texas Workers' Compensation Commission, in, farming all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report rack of coverage.
I The contractor shalt contractually require each person with whom it contracts to provide
services on a project, to:
(~} provide coverage, based on proper reporting of ctassif cation codes and payroll amounts and
f ling of any coverage agreements, which meets the statutory requirements of Texas Zabor Code,
Section 40~. 01.? (4~} for alt of its employees providing services on the project, far the duration of
the project;
(2} provide to the contractor, prior to that person beginning work an the project, a certi rcate of
coverage showing that coverage is being provided far alt 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 icate of coverage
showing extension of coverage, if the coverage period shown on the.current certi ~cate of
coverage ends during the duration of the project;
(~) obtain from each other person with wham it contracts, and provide to the contractor:
(a} a certif care of coverage, prior to the other person beginning work an the project; and
(b}anew certi zcate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(S) retain all required certi lcates of coverage on f le for the duration of the project and for one
year thereafter;
(6} notify the governmental entity in writing by certxjred mail orpersonal delivery, within 10
days after the person knew or should have known, of any change that materially affects .the
provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, ,to perform as required by
paragraphs (Z} - (7), with the certi icates o, f coverage to be provided to the person for whom they
are providing services.
J..~y signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that alt employees of the contractor who
wilt provide services on the project will be covered by workers' compensation coverage far the
duration of the project, that the coverage will be based on proper. reporting of classi rcation
codes and payroll amounts, and that alt coverage agreements will be f led with the appropriate
insurance carrier or, in the case of a se f insured, with the commission's Division of Self-
Page 1 D of ~ ~
Insurance regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K Phe 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
PART A
SPECIAL PROVISIONS
PACKERY CHANNEL
SUUTH PARKING LUT RESTRQOMS - 2DD$
PRG,I~CT NQ. 523$
S$CTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receivia Pro veils/Pre-Hid Meetia
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:40 p.m., Wednesday, January 28, 2009. Proposals
mailed should be addressed in the following manner:
~-~f ~.._~.~_ _~~i Cit Secreta 's Office
~i~~~ta-~f she Cit of Co us Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: SID PROPOSAL - PACKERY CHANNEL
SOOTH PARKING LOT RESTROOMS - 2005
PROJI~CT N0. 5238
Aav nroaosals not physically in possession of the City 5ecretary's Office at
the time aad date of bid opening will be deemed late and aanrespoasive. Late
proposals will be returned unopened to the pro veer. The proposer is solely
res visible for delive to the Cit Secreta 's Office. Relive of as
proposal, by the proposer, their agent/representative, U.S. Mail,__or _other
delive service, to as Cit address or office other thaw the Cit
Secreta 's Office will be deemed nva-res onsive if not in ossessioa of the
City Secretary's Office prior to the date aad time of bid apeaing.
A pre-bid meeting will be held on Wednesday, January 21, 2009, beginning at
14:04 AM. The meeting will convene at the Engineering Services Main
Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi,
Tx. and will include a discussion of the project elements. If requested, a
site visit will follow.
No additional or separate visitations will be conducted by the_Cit
Awl Lefinitioas and Abbreviations
Section B-l of the General Provisions will govern.
A-3 Descri tion of Pro'ect
Consists of all Work for Two New Restroom Buildings, including site clearing
and stripping; termite control; cast-in-place concrete; masonry; metal
fabrications; rough carpentry; wood roof & ceiling framing; finish carpentry;
fiber cement soffit, siding. and ceilings; concrete the roofing; joint
sealants; stainless steel doors and frames; door hardware; paint and
coatings; specialties; plumbing system and fixtures; electrical power system
and lighting fixtures; and final site cleanup with proper disposal of all
materials; all in accordance with the drawings, specifications, and other
construction documents.
Seotion A - SP
Revised 12/15/0~~
Fage 1 of 23
A-4 Method of Award
The bids will be evaluated based on the Total Sase Bid, subject to
availability of funding.
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.
A-5 Items to be Submitted with Pro veal
The following items are required to be submitted with the proposal:
1. 5~ Bid Boad Must reference Packery Channel South Parking Lct
Restrooms - 2008. Project No. 5238 as identified in the Proposal
~A Cashier's Check, certified checks money order or bank draft from nay
State or National Soak will also be acceptable.
2. Disclosure of Interests Statement
A-6 Time of Com letiaa/Li idated Rama es
The working time for completion of the Project will be 180 calendar days.
The Contractor shall commence work within ten ~10~ calendar days after
receipt of written notice from the Director of Engineering Services or
designee ~"City Engineer"~ to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but. as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineers may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
A-7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage far 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 workersf
compensation insurance coverage must not perform any work on the Project,
Furthermore, for each calendar day including and after the effective date of
termination ar cancellation of the Contractor's workers'' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract.
SeC~ion A - SP
(Reva,eed 12/5/04)
Page 2 0~ 23
Such liquidated damages will accumulate without notice from the City Engineer
to the Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers .compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Faxed Pro og sale
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 Ackaawled eat of Addeada
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-recea.pt. 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 '~l5/00}
Labor preference and wage rates for BUILDING CpNSTRUCTI4N.
Mtini.mum Prevail` Wa a Scales
The Corpus Christi City Council has determined the general prevailing minimun hourly wage
rates for Nueces County, Texas as set out in Fart C, The Contractor and any subcontractor
must not pay less than the specified wage rates to all laborers, workmen, and mechanics
~tiplayed by their in the execution of the Contract . The Contractor or subcomtractor shall
forfeit sixty dollars t~60.00~ per calendar day, or portion thereof, for each laborer,
workman, or mechaauc employed, if such person is paid less than the specif ~ied rates for the
classification of work performed. The Contractor and each subcontractor must keep an
accurate record sh~ng the names and classifications of all laborers, workmen, ark mechanics
employed by them an connection with the Project and shoring the actual wages paid to each
worker.
'The Contractor will make bi-weekly certified payroll suhxnittals to the City Engineer. The
Contractor will also obtain copies of such certified payrolls fran all subcaritractors and
others working on tie Project. These documents will also be submitted tv the City Ei7gin~r
bi-weekly. See section for MuYOrity/Mu~arity Busuaess Enterprise Participation R~licy for
additional requa.rements concerning the proper form and content of the payroll submittals. ~
One and one-half ~ 1~ times the specified hourly wage must be paid for all hours worked in
excess of 40 haurS in any one week and for all hours worked on Sundays or holidays. See
Section B-1-1, Definition of Terms, and Section B-7-6, Workir~ Hours.
Awll tice~ with Public es Revised 7/5/00
'rhe Contractor shall cooperate with all public and private agencies with facilities operating
within the limits of the Project. The Contractor shall provide a forty-eight ~48~ hour
notice to any applicable agency when work is anticipated to proceed an the vicinity of any
secta,on A - SP
(Rev~.sed ~.2/15f 04~
Page 3 of 23
facility by using the DIG TF,S,S 1-800-344-8377, 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
folla~ring telephr~ne rn~bexs are listed.
City Engineex 826-3500
Fmject Architect 884-4422 X946-0069 mobile)
Chuck AndStaS Associates, LL+C
Traf f iC 826-3540
Police D t
~~ 882-1911
Water Department 826-1880 4880-3140 after hours}
Wastewater Department 826-1818 X880-3140 after hours}
Gas nepartment 885-6900 X885-6900 after hours}
Storm Water Depart~~ent 826-1881 ~ X880-3140 after hours)
Parks & Recreation Depaxta~ent 826-3461
Streets & Solid Waste Services 826-1970
Municipal Infoz'mation Systems tM.I.S.} 826-3740
A E P 299-4$33 (693-9444 after ~}
AT&TJSBC 881-2511 (1-800-824-4424,after hpurs~
City Street Div. for Traffic
Sic~al/F~ber Optic Lxate 826-1946 857-1960
Cablevision 857-5000 X857-5060 after hears}
ACSI Fiber Optic} 887-9200 Pager 800-724-3624}
I~+iC Fiber Optic} 813-1124 Pager 888-204-1679}
ChoiceCom Fiber Optic} 881-5767 Pager 850-2981}
CApROCK ~F~.ber Optic} 512/935-0958 Mobile}
Brooks Fiber Optic OMAN} 972-753-4355
A-l2 Maintenaace of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much f field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accurac and com leteness
of such information is not uaranteed. 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 ar other liquid must be handled
by the Contractor either by connection into other sewers ar 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 far 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.
Section A - SP
~Revi~sed 12/15/~4~
Page 4. of 23
_'.Y ~ 3 Area Access and Traffic Control 4Not Used
.
.,_, .
~ ~ ~ . ~
~ ~ . . •
r ~
I'111Y'f ri ~ ~ ~ ~ ~ amr+n 1r'
i. uu-~.a.uiuLx , 4ia4~..i vi.v,
A-~.4 Coastruction $quipment Spillage and Traokiag
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
9~.echanical 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 Excavatioa and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted,
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation"; therefore, no direct payment will be made to Contractor.
A-16 Dis osal/Salvo a 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.
Section A - SP
(Revised ~2/15/Q4)
Page 5 of 23
A-1T Field Office SNOT USED)
A-18 Schedule and Seuueace of Construction
The Contractor shall submit to the City Engineer a work plan based only on
CALErmAR days. This plan must detail the schedule of work and must be
submitted tv the City Engineer at least three {3~ 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 {3~ days prior to
.the Pre--Construction Meeting an initial Construction Progress Schedule
for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5. Periadic_Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A-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 {2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
The Contractor shall furnish all lines, slopes and measurements necessary for
control of the work.
If, during construction, it is necessary to disturb or destroy a control
point or bench mark, the Contractor shall provide the City or Consultant
Project Engineer 48 hours notice sa 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.
Section A - SP
~Revi~ed 32/15/a4~
Page 6 of 23
'~~''-~~ Contractor shall tie in yr reference all valves and manholes, both
..!_~_
_<:.~.;.~;:ing and proposed, for the purpose of adjusting valves and manholes at
Gie 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.
~~':he 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 Survey ~R.P.L.S.)
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
f~~:u.~~~~1.iance to any regulatory permits .
Following is the minimum schedule of documentation required:
.
. ~ ~ '
i
. .
A-20 Testis and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting wall be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
A-2l Project Si s
The Contractor must furnish and install 1 Project signs as indicated on the
following drawings. Attachment I~ 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.
Section A - 5P
(Revxaed 12/15/0~~
Page 7 of 23
A-~~ Miaorit /Miaarit Business Este rise Partici ation Polio (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
Z. 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. Minorit Business Ente rise: 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 ar Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person~s~ must collectively
own, operate and/or actively manage, and share~in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
~a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b} For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority personts~.
~c~ For an enterprise doing business as a corporation, at
least 51.0°s of the assets or interest in the corporate
shares must be owned by one or more minority
person ~ s 7 .
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person~s~.
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
Section A - SP
(Revised 12/15/0~)
Page 8 of 23
3.
4.
51.0% or more of the total. profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minorit See definition under Minority Business Enterprise.
e. Female Owned Business Ente rise: .A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0°s of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the .joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
Goals
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 far the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percents Participation (Percent)
4 5 ~ ,.,~~
__..__
b. These goals are applicable to all the construction work (regardless
of federal participations performed in the Contract, including
approved change vrdexs. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade . The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
Compliance
a. Upon completion of the Project, a final breakdown of 'MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer,
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
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 far failure to
submit biweekly payrolls in a timely fashion or to submit overall
participation information as required.
Section A - sP
(Revi~ged 12/15/041
Page ~ a~ 23
A-23 Inspection Required ~Rev~.sed 7/5/04}
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the building is
completed and ready for occupancy. Contractor must obtain the Certificate of
Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby
amended in that the Contractor must pay all fees and charges levied by the
City's Building Inspection Department, and all other City fees, including
water/wastewater meter fees and tap fees as required by City.
A-24 Suret 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 grovide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10~~ of the Surety
Company's capital and surplus with reinsurers} authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (1Q~} 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 $1o0,a0o 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 $104, Oda from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer~or reinsurer must be listed in
the Federal Register as holding certificates of authority an the
date the band was issued."
A-25 Sales Tax Fxem tioa N4 LONGSR APPLICABL$ (6/11/98}
, l
~~-1-e~~~~-t ~rted--~--x~e-~.
.
.
. ,
Section A - SP
(Rev~eed ~2/~5/a43
Page 10 of 23
A-26 Su le~eatal Insurance Re iremeats
For each insurance coverage provided in accordance with Section B-6-11 of .the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
change to:
1. ~ Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.o. Box 9277
Carpus Christi, Texas 78469-9277
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 ~30~ calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty ~30~ calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Workers Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 ~a~ of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Sect~.on A - SP
(Revised ~.2/15/D4~
Page Ii of 23
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 ar on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise ar which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or~any
person indemnified hereunder.
A-27 Responsibility for Damage Claims
~~, ..~,
Paragraph ~a) General Liability of Section Bw5-11 of the General Provisions
is amended to include:
Contractor must provide Builder' s Risk == T .~t.~' 1~~~n F''_"~~ ~_ insurance
coverage for the term of the Contract up to and including the date the
City finally accepts the Project or work. Builder's Risk +..~- T~~~~" ~~~ "~
~ coverage must be an "All Risk" form. Contractor must pay all
costs necessary to procure such Builder' s Risk ~-~ -"'-~-~-'' ~~~ ~-~ ~'~ ~~~~~
insurance coverage, including any deductible. The City must be named
additional insured on any policies providing such insurance coverage.
A-ZS 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 t27 years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. Whether there are 'any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two ~~7 years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety ~90~ days prior to the
City Engineer's request, signed and dated by the bidders owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Admi.aistratioa 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:
Sect~.on A - SP
tRevieed I2/15/04~
Page 12 0~ 23
1. The Superintendent must have at least five ~5~ years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five ~5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field admiaistratioa staff is a prerequisite to the City
$agiaeer's abligatioa to execute a contract for this Project. 2f such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions ar replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A-30 Amended "Coasideratioa of Contract" Re iremeata.
Cinder 'fGeneral Provisions and Requirements for Municipal Construction
Contracts" Section 8~3-1 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 Bid on1y~
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 f firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MSE. 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.
Section A - SP
(Reni~ed 12/15/a~4~
Page ~3 of 23
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-?-13; .
7. A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre-~constructian conference;
8. Documentation required pursuant to the Special Provisions A-28 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
10 . ~~Tithia five ~ 5) days f ollowa.ag bid opening. submit is letter form,
information ideatifyiag type of eatity aad state, i.e. ~ Texaa (or other
state} Corporation or Partnership, aad name(s) and Titles} of
individuals} authorized to execute contracts on behalf of said eatity.
A-31 Amended Poli on Extra ~Tork and a Orders
Under "General Provisions and Requirements for Municipal Construction Contracts' 8-8-5
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following: .
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that ar~r change orders in an amount in excess of $25,004.00 must also
be approved by the City Council.
A~32 Amended "E~ecutioa of Contract" 'cements
Under 'General Provisions and Requirements for Municipal Construction Contracts" 5-3-5
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.
Section A - SP
(Revised 12/1§/D4)
Page 14 of 23
A-33 Conditions of Fork
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-Hid Meetia referred to in cial Provision A-1,
A-34 Precedeace of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the 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 of applicable, Construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 Cit Water Facilities: S ecial Re irements SNOT IISED)
,
~ ~ i ~
1
- - ~ ~
1 ~
~ ~ ~ ~ ~
~ ~
~ ~ . i
i
~ ~ ~ ~
. r ~ .
~ ~
f'y L'Y~w~.s r ~ ~
~ ~ ~ .
,
~ ~ ~ . ~ ~ i
~ .
.
+ ~ ~
~ . ~ . ~
1 ! ~
~ ~ ~
r
.
Section A - SP
~Revieed 12/Z5/04)
Page 15 of 23
~ ~
r
~'
- ~
.i
~~
F
-- -- - --
~ ~ r ~
r i ~ i ~
r ~ i
Sectioa A - SP
(Rev~.sed 12/15/04?
Fage 16 of 23
1
1 .
/
f 1
1 1 1
1
1
1
1
1 I
1 1
1 1 1
~ 1
r +
1
1 ~
~ 1 1
1
~
~3e~issl-e~ -~T
/
.
/
!
~
1 1 1
1 ~ 1 1
~ ~
•
'
1
, 1
1
r
1 1
1
r
1 1 1
1 ,
1 1 '
1
/
1
1
1 .
1
1
1 1
1
1
, 1 . /
1 1 ~
,
'
~
A-36 Other Submittals
1. Sho Drawin Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles; In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Section A - SP
(Revised x,2/15/043
Page 17 of ~3
Contractor must identify the Contractor, the Subcontractor or
~supglier; pertinent Drawing sheet and detail numbers}, and
specification Section number, as appropriate, an each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space far
Contractor and Engineer review stamps on all submittal forms.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineers selection.
3. Test and Repair Re~art
when specified in the Technical Specifications Section, Contractor must
submit three ~3~ copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related e i ment will not be a roved for use
on the project,
A-37 Amended ~Ai'ran emeat and Char a for ~Tater Furnished the Cit " ~NO`~ USE~~
Section A - SP
tRevf~ed 12/15/04} r
Page 18 of 23
~~.-~8 Worker's Com ensatioa Covers a for Buildin or Constructioa Pro'ects for
~~ Government $atities
The requirements of "Notice to Contractors 'B "' are incorporated by reference
in this Special Provision.
~'.- ~ ~ Certificate of Occu sac and Fiaal Acce tance
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision B-8-~
9.
~~~4(~ Ameadmeat to Seetion B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-5: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
A-41 Ozone Adviso
~?~r:i_~ing and hot-mix paving operations must
an ozone advisory has been issued, except
notify Contractor about ozone alert. If a
the day will sot be counted as a work
compensated at the unit price indicated in
A-42 OSHA Rules & Re ulatioas
not be conducted on days for which
for repairs. The City Engineer will
delay such as this is experienced,
day and the Contractor will be
the proposal.
It is the responsibility of the Contractors} to adhere tv all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs .
A-43 Ameaded Indemnification & Hold Harmless
Under "General
Contracts" 8-~-27
entirety and the
Provisions and Requirements for Municipal Construction
Tnrlemnification ~ Hold Harmless, text is deleted in its
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 from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly ar indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
Section A - SP
~Reviaed 12/x.5/04}
Page 19 0~ 23
A~44 Chaaae Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc,}. This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
A-45 As-Built Dimensions and Drawin s X7/5/00)
(a} Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical} of all facilities.
(b} 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:
(1} Horizontal and vertical dimensions due to
substitutionsffield changes.
42} Changes in equipment and dimensions due to substitutions.
(3} "Nameplate" data on all installed equipment.
(4} Deletions, additions, and changes to scope of work.
(5) Any other changes made.
A-4G Dis veal of Hi hl Chlorinated water X7/5/00} SNOT US$D~
•
,
~ .
~ , . ~ ~
~ i ~ ~ .
~ ~
.
.
~ .
A-4? Pre-Construction Exploratory Excavations ~7/5/OO) SNOT QSBD)
~,.~
.
~e.~~
.
..
Sect~.on A - SP
Revised 12/x5/4}
Page 20 of 23
f ! .
1 1 ! 1 f
1 1 1
1 7 ' ! . 1
A-48 overhead $lectrical Wires ~7/5/g0~
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not, It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A-49 Ameaded "Maintenance Guarani n ~BJz~/oa)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-ll Maintenance Guarani , 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, yr
relinquish any rights ar remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual ar entity."
A-50 Windstorm Certificatioa
The entire building shall be inspected during construction by the project
structural engineer Wilkerson & Sanders, Inc.) Certified Windstorm
Inspector} that it complies with the requirements of the State Board of
Insurance, Engineering Division, for the TCPIA. Contractor shall provide the
services of the project structural engineer (Wilkerson & Sanders, Inc a for
this certification and include the cost in the Total Base Bid. A Form WPI-1
Inspector Applications shall be submitted to the Texas Department of
Insurance prior to commencing construction and a Form W8I-2-BC-5 shall be
submitted to the Texas Department of Insurance indicating the certified
Windstorm Inspector Wilkerson & Sanders, Inc a has inspected the building
far issuance of a WPI-8 by the Texas department of Insurance. The WPI-8
shall be provided to the owner with the close-out documents.
Section A - SP
~Reviged X2/15/04}
Page 21 of 23
A-51 Ameaded Prosecutioa 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.
$@Ct~OA A ~ SP
~Revi~ed 12/~5f0~)
Page 22 0~ 23
SUBMITTAL TRANSMITTAL FORM
,x;,~JECT: PACKERY CANNEL SOUTH PARKING LOT RESTROONYS ~ 2408 •
PROJECT No. 5238
OSR: CITY OF CORPUS CHRISTI
~GINEER: CH"D'CK ANASTOS ASSOCIATES, LLC
CONTRACTOR:
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
SeC~ion A - SP
tRevised ~.2/15/0~}
Paga 23 of 23
ATTACHMENT
PROJECT SIGN
n..r .u~...n .rw +..r w~~7
I
...... ~.~.r.~...~.i
.A~Ch~q@~1t ~
Page 1 u~ ~
REV 7~9b
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES ~
THIS AGREEMENT is entered into this 24TH day of FEBRUARY,
_.__.~
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 Sal-Cnn,
Inc. termed in the Contract Documents as "Contractor," upon these
____r..
terms, performable in Nueces County, Texas:
In consideration of the payment of $307,340 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS 2008
PROJECT N0. 5238
TOTAL BASE BID: $307,300.00
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 bands,
addenda, and related documents all of which constitute the contract
far this project and are made a part hereof.
Agreement
Page 1 o f 2
PROPOSAL.
P1 a ce : G ~T Y Irl~ ~-~--
Date: JANUARY 28,2009
Proposal of SAL-CON, INC. ,
a Corporation organized and existing under the laws of the
State of TEAS .
To: The City of Carpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS - 2048
PRO~cT No . 5238
at the locations set out by the plans. and specifications and in strict
accordance with the contract documents for the following prices, to
wit:
TOTAL BASE BID ~Lwnp Sump : $ ~ ~~ ~ V~
PROPQSAL FDRM
PAGE 2 OF 5
The Contractor will commence work within ten ~1~} calendar
days from date they receive written work order and will complete
same within 180 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
APPROVED AS TO GAL FORM:
By'
Asst. City Attorney
T: ~If orporation}
~~U1~ . f ~
~ Seal Be
{Note: ~f Person signing for
corporation is not President,
attach copy of authorization
to sign}
CITY OF CORPUS CHRISTI
By•
Oscar Martine
Assistant City Manager
By: `:~C~v`~
Pete Anaya, P.E.
Director of Engineering Services
P.o. BOx 71771
~Address~
CORPUS. CHRISTI, TX 7847
~City~ (State} ~ZIP~
351/853-3755 * 3fi1/$53~1338
~Phone7 Fax}
-~ ~~rHaR~z~
~~
Agreement Sf,GRF'TaRY
Page 2 o f 2
P R O P O S A L F O R M
FAR
PACKERY CHANNEL
SOUTH PARKING LOT RESTROOMS - 2008
PROJECT NO. 5238
DEPARTMENT GF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PROPOSAL FORM
PAGE ~ OF 5
P R~ P~ S A L
Place : C ~T Y I~l~ ~-~--
Date: JANUARY 28,2009
Proposal of SAL--CQN ~ INC . ~
a Corporation organized and existing under the laws of the
State of TEAS .
TC: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
PACKERY CHANNEL SOUTH PARKING LaT RESTR~gMS -~ 2~~8
PROJECT N4. 523
at the locations set out by the plans. and specifications and in strict
accordance with the contract documents for the following prices, to
wit:
TOTAL BASE HID tLump Sum) : $ ~ ~~ • V V
PROPOSAL FORM
PAGE 2 OF 5
The undersigned hereby declares that he has visited the site and
has carefully examined the plans, specifications and contract documents
relating to the work covered by his bid or bids, that he agrees to do the
work, and that no representations made by the City are in any sense a
warranty but are mere estimates for the guidance of the Contractor.
Upon notification of award of contract, we will within ten ~l0}
calendar days execute the formal contract and will deliver a Performance Bond
has required} for the faithful performance of this contract and a Payment
Band has required to insure payment for all labor and materials. The bid
bond attached to this proposal, in the amount of 5°~ of the highest amount
bid, is to become the property of the City of Corpus Christi in the event the
contract and bonds are not executed within the time above set forth as
liquidated damages for the delay and additional work caused thereby.
Minority/Minority Business Enterprise Participation: The apparent
low bidder shall, within five days of receipt of bids, submit to the City
Engineer, in writing, the names and addresses of MBE firms participating in
the contract and a description of the work to be performed and its dollar
value for bid evaluation purpose.
Number of Signed Sets of Documents : The contract and all bonds
will be prepared in not less than four counterpart original signed} sets.
Time of Completion: The undersigned agrees to complete the work
within 184 calendar days from the date designated by a Work Order.
The undersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all materials and
do everything required to carry out the above mentioned work covered by this
proposal, in strict accordance with the contract documents and the
requirements pertaining thereto, for the sum or sums above set forth.
Receipt of the following addenda is acknowledged (addenda number7:
D~[ ~ l
SEAL ~- IF BIDDER IS
a Corporation}
NpTE: po not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Respectfully submi •
Name: AZAR, JR.
By•
., ~..5 I . r r
rr'~
Address: I.~.:_ ~ 442 CLIFF r~A~~~ DFt:
~ P . ~ . Box } ~ St reef ~
CORPUS CHRISTI, Tx 78467
~City~ {Stated Zip}
Telephone: X361} 853-3755
(R~vised August 2000)
PROPOSAL FORM
PAGE 3 OF 5
PAYMENT BOND
STATE of TEXAS ~
COUNTY of NUECES ~
SNOW ALL BY THESE PRESENTS:
THAT Sa1~Con Inc. f CES Cou y, Texas,
hereinafter called "Principal", and Q~; (~ ~1 ~ ,
a corporation organized under the laws of the State of ,
and duly authorized to do business in the State of exas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of
THREE HUNDRED SEVEN THOUSAND THREE HUNDRED AND No/ l o o ~ $ 3 0 7 , 3 D D_. 0 0 ~
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 24TH day FEBRUARY 20 09 a copy of which
is hereto attached and made a part hereof, for the construction of:
PACKERY CHANNEL SOUTH PARKING LOT RESTROOM3 2008
PROJECT NO. 5238
(TOTAL 8A3E BID: $307,300.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas,
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
Th~,s bond is given to meet the requirements of Article 516x,
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, ~ernon's Texas Insurance Code.
IN WITNESS WHERECF, this instrument is executed in 4 copies,
each one f which shall be deemed an original, this the
day of 20
PRINCIPAL
Ste(.- coa. ~N~-
By•
s~{rint'
~~/U~
By•
Attorn~~-fact~f~K.b ~ ~C a ~--~, cpAg ~< E.r
(Print Name)
~'he Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is:
~en~ .
Contact Person:
Address:
Phone Number :
NOTE: Date of Payment Bond must not be prior to date of contract} (Revised 3/OSy
Payment Band
Page 2 of ~
~~,JES~ T .~G1~~~.-z~a.r Jr YAcsSc~e,s,'
(Print Name & Title)
PERFORMANCE BAND
STATE OF TEXAS § ~~2~ ~~~~~
FR~TOW ALL BY THESE PRESENTS
COUNTY 4F NUECES ~
THAT ~ Sal-Con,_,~Inc. f S Co ,y, Texas,
hereinafter called "Principal", and ` ~,~, CQ..~ ~~ a
corporation organized under the laws of the State of ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of THREE HUNDRED
SEVEN THQUSAND THREE HUNDRED AND NQ/100~$3~7,_3.04.~4~ 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 CQNDITIQN 4F THIS QBLIGATIaN IS SUCK THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 24TH of FEBRUARY , 20 49 , a copy of which is
hereto attached and made a part hereof, for the construction of:
PACKERY CHANNEL SOUTH PARKING LOT RESTRQQMS 24D8
PRQJECT Nn. 5238
TOTAL BASE BID: $3~7,300.0~~
NOW, THEREF`QRE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if'
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one ~1}
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect .
PRQVIDED FrJRTHER, 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
additian to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 516D,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Cade.
IN WITNESS WHEREOF this instrument is executed in 4 copies,
each one whi h steal be deemed an on final, this the
g ~.
day of 2 0 .
PRINCIPAL
fEL - Co.J _ i~ ~-
By•
S~+lc•~~v J n. ~<<s~dl~~.,~
Print Name & Title?
lXc, D~ ~ict~'
By•
Attorn ir~ ct
,~n~rLbRQw 'rn ~ ,ASS<~.
(Print Name)
The Resident ,Agent of the Surety in Il~ueces Count , Texas, for
delivery of notice and service of ,process is:
Ageacy: /n,sm .~nlt~~ awl
Contact Person: ~~.,~~ /'~ c.,~~~o~
Address:
D.t f ~QIL ~nsa,~, X18323
Phone Number : c~(o J- 7 2 9 •Sy/ y
~NO~'E: Date of Performance Bond must not be prior to date of contracts (Revised 3/08}
Performance Bond
Page 2 of 2
vICTORE INSURANCE coMPANY
~~
949 S. MERIDIAN AVE., SUITE 700
OKLAHOMA CITY, OK 7311b-1605
KNOW ALL MEN BY THESE PRESENTS;
POWER OF ATTORNEY
That VICTORS INSURANCE COMPANY a corporation duly organized under the laws of the State of Oklahoma, having its principal
off ce in Oklahoma City, Oklahoma pursuant to the following resolution which is now in full force and effect:
"That the President may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and he may give
any such appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of
Directors may at any time remove such appointee and revoke the power and authority given him" does hereby make and appoint:
****Altus E. Wilder, III, Tina E. Switzer, Andrew C. Allison, Andy Alsip, Barbara M. Parke, Barbara K. Pilgrim*****
*****Tracy L. Kyle, Tara N. Switzer*****
its true and lawful Attorneys}-in-Fact, with full power and authority hereby confexred in its name, place and stead, to sign, execute, acknowledge and
deliver on its behalf, and as its act and deed, as follows:
All bonds or undertakings, except Bail Bonds not to exceed on any single instrument
******UNLIMITEDAMQUNTS******
This Power of Attorney is signed and sealed by facsimile under authority of the following Resolution adopted by the Board of Directors of
the Company at a meeting called and held on the 14th day of May, 2001.
"Resolved, that the signature of the Chairman-,Vice Chairman, President, Executive Vice President, Senior Vice President, Vice President and
Assistant Vice Presidents and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to the By-Laws,
and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any
such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company. Any such
power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company"
IN WITNESS WHEREOF VICTORS INSURANCE COMPANY has caused these presents to be signed by its President and its corporate
seal to be affixed this 3r~ day of March__, 2009. 4
~5TATE OF OKLAHOMA)
COUNTY OF OKLAHOMA}
On this 3~ day of March , 2049
before me, a Notary Public of the State of Oklahoma in and for the
county of Oklahoma came Tina E. Switzer, tome personally
known to be the individual and officer described herein, and who
executed the preceding instrument and acknowledged the
execution of the same, and being by me duly sworn, deposed and
said, that he is the officer of said Company aforesaid, and that the
seal affixed to the preceding instrument is the Corporate Seal of
said Company, and the said Corporate Seal and signatures as an
off cer were duly affixed and subscribed to the said instrument by
the authority and direction of the said corporation, and that the
resolution of said Company, referred to in the preceding
instrument, is now in force.
Tina E. S 'tx r
In Testimony Whereof, I have hereunto set my hand, and
affixed by off vial seal at Oklahoma City, Oklahoma the day
and year written above.
Tracy L. Kyle
Notary Public, Canadian County, Oklahoma City, Oklahoma
My Commission Expires MARCH 10.2010
Commission No. 02002173
~ '~
~r~rora
CERTIFICATE
I, the undersigned, President of VICTORS INSURANCE COMPANY a corporation of the State of Oklahoma Do HEREBY CERTIFY
that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and
furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority; are now in force.
Signed and Scaled at the said Company at Oklahoma City, Oklahoma, dated this day of ,
President
C
O
..
d
..
y
x
r
z
z
0
y
z
d
z
x
VICTORE INSURANCE COMPANY
TEXAS BOND RIDER
PORTIONS CONTAIN PERTINENT COVERAGE INFORMATION UNDER THE ATTACHED BOND
IMPORTANT NOTICE
To obtain information or make a complaint: You may call the Surety's toll free number for information or to make a
complaint at 1-800-948-9487. You may also write to the Surety at:
Victore Insurance Company
4334 NW Expressway, Suite 151
Oklahoma City, OK 7311b-1574
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:
PO Box 149104
Austin, T~ 78714-9104
Fax # 512-475-1771
PREMIUM OR 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.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of
condition of the attached document.
Exclusion of Liability for Mold, Mycotoxins, Fungi ~ Environmental Hazards
The Bond to which this Rider is attached does 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
Terrorism Risl~s 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.
_~
VlC~N~U E ~MPMIY
~o~ty Bond
VICTOJ4E lNSURANCF COMPANY
4334 NW EXPRESSWAY, SUITE 151
OKLAHOMA CITY, QK 13116-1514
1-800-948-9487
www.victoreinsu rance.com
VIC TX Rider Rev. 210$}