HomeMy WebLinkAboutC2009-538 - 12/8/2009 - Approved2009-538
hi2009-339
12108/09
lt. 5.131ack Civil Conh•actors
S P E C I A L P R O V I S I,
S P E C I F I C A T I O N S
.AND
F O R M S O F C O N T R A C T S AND B O N D S
F 0 R
OSO Ti~T.W.T.P.
AEROBIC DIGESTER N0.2
IMPROVEMENTS
~~~
engineers. ~ architects ~ contractors
.801 Navigation, Suite 300
Corpus .Christi, Texas
Phone: 361-883-1984
Fax: 361-883-1986
FOR
~~ WASTEWATER DEPARTMENT ~':. ?%~
Clty Of CITY -0F CORPUS CHRISTI, TEXAS
COm uS Phone: 361/826-18Q0
`1' Fax: 361/826-17I5 ~,~~,,.,a„.
-- Chnsti wAS~wA~R
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AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI , TEXAS n~ r t ,n
Phone: 361/826-3500 ~~ ••S""•r ~~1 /IUIZ'~
Fax: 36T/826-3501
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PROJECT NO: 7422 QII~'1~'tP'~E~lFlEC1~A
' 6i4DQ ~
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7 ~ ~.
DRAWING N0: STL 1 8
_ `~ ~ '. A
(Revised 7/5/00)
OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS
PROJECT NO. 7422
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B ERevised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-11 Cooperation with Public Agencies (Revised 7/5/00)
A-12 Maintenance of Services
A }3 Area Aeees~sr-and '£~a~}~~(NOT USED)
A-14 Construction Equipment Spillage and Tracking
n }5 ~.~.~,Ti~--~~Rem~;-als (NOT USED)
A-16 Disposal/Salvage of Materials
A-17 Field Office
A-18• Schedule and Sequence of Construction
A-19 Construction Project Layout and Control
A-20 Testing and Certification
A-21 Project Signs
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A-24 Surety Bonds
t~--2~-sue 1.~-^' ^ 3r ExPm~•k e~ NO LONGER APPLICABLE ( 6 / 11 / 9 8 )
A-26 Supplemental Insurance Requirements
A•-27 Responsibility for Damage Claims
A-28 Considerations for Contract Award and Execution
A-29 Contractor's Field Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A-31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
A 33 8i~r--W-ate~F-a~~i~iess',n= --.., n~ - -- - - «.nts (NOT USED)
A-36 Other Submittals (Revised 9/18/00)
~~ {NOT USED)
A-38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
(NOT USED)
~1 49 ~te~r~tent ~e~eet=en $-8-~ • Pa~tTarEs~~taze-e (NOT USED)
(NOT USED)
A-42 OSHA Rules & Regulations
A-93 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
A-45 As-Built Dimensions and Drawings (7/5/00)
Table of Contents
Page 1 of 2
A-zS DicY;,:,ul ..~ °...i.'. ''~.',. }..._, '.,..~.,.~ (NOT USED) (7/5/00}
(NOT USED)
A-48 Overhead Electrical Wires (7•/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amended Prosecution and Progress
A-51 Maintenance and Control of Wastewater Flows
A-52 Confined Space Entry Requirements
A-53 Errors and Omissions
A-54 Noise Control
A-55 Dust Control
A-56 Disposal of Materials Resulting from Cleaning of Existing Structures
A-57 Protection of Existing Facilities
A-58 Electronic Submittal of Bids
ATTACHMENTS
I - Project Sign
II - City Landfill Waste Profile Sheet
III- Electronic Bid
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PA~T~~T~~A°~i-~-I~LC-A-~I.6N~S (NOT USED)
PART T - TECHNICAL .SPECIFICATIONS
Section T-1 Mobilization
Section T-2 Concresive 1210, 1230, & 1250 - Urethane Injection Resins
Section T-3 Grouts
Section T-4 Medium Bubble Aeration System Aerobic Digester No. 2
Section T-5 Equipment Documentation Requirements
PART W - DRAWINGS
LIST OF DRAWINGS
Sheet 1 Cover Sheet
Sheet 2 General Notes and Legends
Sheet 3 Site Plan
Sheet 4 Aerobic Digester No. 2 Existing Conditions
Sheet 5 Aerobic Digester No. 2 Existing Piping
Sheet 6 Aerobic Digester No. 2 Proposed Aeration Equipment
NOTICE
AGREEMENT
PROPOSAL/DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
Table of Contents
Page 2 of 2
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
OSO W.W.T.P. AEROBIC DIGESTER NO. 2 I1~ROVffi~lENTS, PROJECT NO. 7422; consists of
removing and replacing the aeration system for Aerobic Digester No. 2 (including
equipment, instrumentation and controls, bridge-supported walkways), and concrete
crack repair for the Aerobic Digester No. 2 walls and floor, including all
appurtenances in accordance with the plans, specifications, and contract
documents.
Bids will be received at the office of the City Secretary until 2:00 p.m. on
Wednesday, November 11, 2009 and then publicly opened and read. Any bid received
after closing time will be returned unopened.
A pre-bid meeting is scheduled for 10:00 A.M., Wednesday, November 04, 2009 and
will be conducted by the City. The location of the meeting will be the Oso Water
Reclamation Plant meeting room located at 501 Nile Drive, Corpus Christi, Texas.
Any proposals not physically in possession of the City Secretary's Office at the
time and date of bid opening will be deemed late and non-responsive. Late
proposals will be returned unopened to the proposer. The proposer is solely
responsible for .delivery to the City Secretary's Office. Delivery of .any
proposal, by the proposer, their agent/representative, U.S. Mail or other
delivery service, to any City address or office other than the City Secretary's
.Office will be deemed non-responsive if not in possession of the City Secretary's
Office prior to the date and time of bid opening.
A bid bond in the amount of 5~ of the highest amount bid must accompany each
proposal. Failure to provide the bid bond will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance
and payment bonds for contracts over $25,000.00 will result in forfeiture of the
5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject
to mandatory forfeiture to the City if bidding documents are not returned to the
City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured from
the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a
guarantee of their return in good condition within two weeks of bid date.
Documents can be obtained by mail upon receipt of an additional ($10.00) which is
a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates which
prevail in the locality in which this work is to be done and that such wage .scale
is set out in the contract documents obtainable at the office of the City
Engineer and the Contractor shall pay not less than the wage rates so shown for
each craft or type of "laborer," "workman," or "mechanic" employed on this
project.
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City's opinion, seems most advantageous to
the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Pete Anaya, P.E.
Director of Engineering Services
/s/ Armando Chapa
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 200.9
A Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates PER OCCURRENCE / AGGREGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
9. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental ^ REQUIRED
discharge; to include long-term
environmental impact for the disposal of X NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental
Insurance Requirements
X REQUIRED
^ NOT REQUIRED
Page 1 of 2
L~The City of Corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
G~The name of the project must be listed under "description of operations" on
.. each certificate of insurance.
OFor each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30) days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 826-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Wage 1 of 11
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context cleazly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096{e){1).
(3) Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--A written. agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regazdless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project--Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project aze 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 carver or, in the case of aself-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by 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;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them. by law; and
(7) use the language contained in the following Figure I for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they aze contained or to impose stricter standazds of documentation: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
yeaz thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially- affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providingservices on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Cn~aphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C} include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E} obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(I~ of this paragraph, with the certificate of coverage to be provided to the
person for whom they aze providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that ali employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the. duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in pazagraph (3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of.
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
yeaz thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any. change that materially affects the
provision of coverage of any person providing services on the project; and
(I-~ contractually require each person with whom it contracts, to perform as required by this
subpazagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they aze 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
declazed to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this § 110.110 adopted to be effective September I, 1994, 19
TexReg 5715; amended to be effective November 6, I995, 20 TexReg 8609
Page 7 of 11
T28S110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers` compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage. "
Page8of11
T28S 110.110(c)(7)
Article .Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate')- A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning o, f the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in X406.096) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees.. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of 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, office supply
deliveries, and delivery ofportable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
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 file certificates of coverage showing coverage for 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 certiftcate of
coverage ends during the duration of the project.
Page 9 of 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current cert f Cate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
_ (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current cent f cafe of coverage ends during the
duration of the project;
(S) retain all required cert f cafes of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(7) contractually require each. person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of aself-insured, with the commission's Division of Self-
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A - SPECIAL PROVISIONS
OSO W.W.T.P. AEROBIC DIGSSTSR NO. 2 IMPROVEMENTS
PROJECT NO. 7422
SECTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:00 p.m., Wednesday, November 11, 2009. Proposals
mailed should be addressed in the following manner:
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL - OSO W.W.T.P. AEROBIC DIGSSTSR N0. 2
IMPROVSMSNTS; PROJECT NO. 7422
Aav vrovosals not phvsically is possession of the City Secretary's Office at
the time and date of bid opeaing will be deemed late and aoa-responsive.
Late proposals will be returned unopened to the proposer. The proposer is
solely responsible for delivery to the City Secretary's Office. Delivery of
any proposal, by the proposer, their agent/repzeseatative, II.S. Mail, or
other delivery service, to any City address or office other than the City
Secretary's Office will be deemed non-responsive if not is possession of-the
City Secretary's Office prior to the date and time of bid opeaing.
A pre-bid meeting is scheduled for 10:00 A.M., Tuesday, November 04, 2009 and
will be conducted by the City. The location of the meeting will be the Oso
Water Reclamation Plant Maia Office, 501 Nile Dr., Corpus Christi, Texas. If
requested, a site visit will follow.
No additional or separate visitations will be conducted by the Cit
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
OSO W.W.T.P. AEROBIC DIGSSTSR NO. 2 IMPROVSMSNTS, PROJECT NO. 7422; consists
of removing and replacing the. aeration system for Aerobic Digester No. 2
(including equipment, instrumentation and controls, bridge-supported
walkways), and concrete crack repair for the Aerobic Digester No. 2 walls and
floor, including all appurtenances in accordance with the plans,
specifications, and contract documents.
A-4 Method of Award
The bids will be evaluated based on the Total Base Bid, subject to the
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.
Section A - SP
(Revised 12/15/04)
Page 1 of 26
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5~ Bid Bond (Must reference OSO W.W.T.P. AEROBIC. DIGESTER NO. 2
IMPROVEMENTS; PROJECT NO. 7422, as identified in .the Proposal)
(A Cashier's Check, certified check, money order or bank draft from any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 280 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, $500 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will .sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
Days Allocation for Rain:
The Contractor shall anticipate the following number of work days lost due to
rain in determining the contract schedule and for each stage of the contract.
A rain day is defined as any day in which the amount of rain measured is 0.50
inch or greater at the site. No extension of time will be considered until
the expected number of rain days has been exceeded and the Engineer has
agreed that the status of construction was such that there was an impact
detrimental to the construction schedule.
MONTH DAYS MONTH DAYS
January 3 Days July 3 Days
February 3 Days August 4 Days
March 2 Days September 7 Days
April 3 Days October 4 Days.
May 4 Days November 3 Days
June 4 Days December 3 Days
A 7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation .insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers''
compensation insurance coverage must not perform any work on the Project.
Section A - SP
(Revised 12/15/04)
Page 2 of 26
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed .against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Eared Proposals
Proposals faxed directly to the City will be considered non-responsive.
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B-2 of the General Provisions.
A-9 Acknowledument of Addenda
The Contractor shall acknowledge .receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for Heavy Construction. 3~eas~a€ ee~rflie~
Ee~r-a e-te ~s~ai~-ttse l~i~~~er wage ~~~e-
Minimum Prevailing Wage Scales
The Corpus Christi City Council has determined the general prevailing minurnun 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
employed by them in the execution of the Contract. The Contractor or subcontractor shall
forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer,
worlanan, or mechanic employed, if such person is paid less than the specified rates for the.
classification of work performed. The Contractor and each subcontractor must keep an
accurate record showing the names and classifications of all laborers, workmen, and mechanics
employed by them in connection with the Project and showing the actual wages paid to each
worker.
The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The
Contractor will also obtain copies of such certified payrolls from all subcontractors and
others working on the Project. These doc~unents will also be submitted to the City Engineer
bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for
additional requirements concerning the proper form and content of the payroll submittals.)
One and one-half (1'~) times the specified hourly wage must be paid for all hours worked in
excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See
Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.)
Section A - SP
(Revised 12/15/04)
Page 3 of 26
A-il Coapesation with Pulalic Ac~cies RRevised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities operating
within the limits of the Project. The Contractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
facility by using DIG TESS 1-800-344-8377, the Lone Star Notification Co~any at 1-800-669-
8344, and the Verizon Dig Alert at 1-800-483-627.9. For the Contractor's convenience, the
following telephone numbers are listed.
City Engineer 826-3500
Project Engineer
LNV Engineering
Dan S. Leyendecker, P.E. 883-1984
Traffic Engineering 826-3540
Police Department 886-2600
Water Department 826-1881 (826-3140 after hours)
Wastewater Department 826-1800 (826-3140 after hours)
Gas Department 885-6900 (885-6900 after hours)
Stone Water Department 826-1875 (826-3140 after hours)
Parks & Recreation Depa2-trnent 826-3461
Streets & Solid Waste Services 826-1940 (826-1970 after hours}
A E P 299-4833 (693-9444 after hours}
AT&T 881-2511 (1-800-824-4424, after hours)
City Street Div. for Traffic
Signal/Fiber Optic Locate 826-3547
Cablevision 857-5000 (857-5060 after hours)
ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624)
KMC (Fiber Optic) 813-1124 (Pager 888-204-1679)
ChoiceCom (Fiber Optic} 881-5767 (Pager 850-2981)
CAPROCK (Fiber Optic} 512-935-0958 (Mobile)
Brooks Fiber Optic (MAN) 972-753-4355
A-12 Maintenance 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 field work as normally deemed necessary for
the construction of this type of project with regard to the location. and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are .interfered with (i.e. broken,
cut, etc.}, flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
Section A - SP
(Revised 12/15/04)
Page 4 of 26
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control (NOT USED)
,1-r-e-pr-s~rde-a--nri~}e€ i~ree~eei-enee-~e -~te~e~sts-aid-~~ie--p~lie.
ire-Ear~~-aet~~ gill be--r~e~-t-e s~eh-edtrl~e his e~e~-a~e~rs--ee as to ear~se
~i~ i~ttt~tt-a die ~ se-i-~e e~ -ems--~ he---aeee s s~~~l i t~+-e € the-~l ant e~e~ a~ i e ~s-ana
• ;
tai~ths, ee~rs~~~reti-e~--e-~tempe~a~~--r-ax~ga, ewe-
$a~~fe~a~ing-S-ta~a-rds and-~r-ae~reeg--a~-edapted-b-~-~~i~~'i} F_.-A~'_~~f tom,
d~~te~rtZ~rr~-a~~lz~-le-theme-t-ire--Ei-~-s I'~-a€€re-£~gi-nee~ietf-9epa~t-~te~~-pie
Fe~rt~-a et e~ s-~i-a~~~-~~e etrre the-n e e e s s a~-~-~e~~trt €~em t h e~:.~~!-j~~
X31 ee s~ e-€e~~r-a-~i-e-eel-r-e~s~-al Abe--gei~--f e~-b-y-~ he a~~- op r } a t e bid } t em
i~-t
A-14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the .Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals (NOT USED)
~l1ed-~rrtk "ele~dir-~. "~1ea~~t-is--de€r~redd--as-~rr~ t~,a-t __ r..~.,,.
--r----
€ert}li-e~~. I'he-fit ~taet be €~e-e e€ debris, ea3~e~re, alb, ee~~e~e-aid
A}1 e~~s~~ng ee~re~ete-a~-a~s~alt 6aithi~ the li~ite of tie-~re~eet Ctrs-t•-be
reme~ed-~r~3.e-ems ~~~}se aeted.
All aeees~s-a~~--~e~tevals~~eltrd~ ~t~-~e~ ~i~~ed to-~~ .. ~'v' _ _.. ,
=r- -i=
:s~deia=a~~~s, e-te. , awe to be-eenside~ed s~bsi~ia~-te-the-h-i-~i~em-€e~ "S~ree~t
~~e~a-t-men", theme€~r~, ~e di~eet~a~tea~ dam--be-Made }~ ^~~'-~~~'-~~
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The -cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
Section A - SP
(Revised 12/15/04)
Page 5 of 26
Sludge Removal S Disposal
The contractor shall be responsible for the removal and disposal of sludge.
Permits will be required for the hauling and handling of all solids and semi-
solids resulting from the cleaning of the west digester from the site.
Trucks hauling materials removed from the west digester shall be watertight
so that no leakage or spillage will occur. All solids and semi-solids shall
be dewatered and delivered by the contractor to a facility that is authorized
to receive it. If the Contractor desires to utilize the City's Cefe
Valenzuela Sanitary Landfill, the Contractor will be required to complete the
attached GENERATOR'S WASTE PROFILE SHEET (See Attachment No. II). The
material must be sufficiently dewatered to pass the required paint filter
test. Disposal of the material at the Cefe Valenzuela Landfill is subject to
prior approval of the facility and payment of associated disposal fees.
A-17 Field Office
The Contractor must furnish the City Engineer or his representative with a
field office at the construction site. The field office must contain at least
120 square feet of useable space. The field office must be air-conditioned
and heated and must be furnished with an inclined table that measures at
least 30" x 60" and two. (2) chairs. The Contractor shall move the field
office on the site as required by the City Engineer or his representative.
The field office must be furnished with a telephone (with 24-hour per day
answering service) and FAX machine paid for by the Contractor. There is no
separate pay item for the field office.
A-18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
enr.F~.mAR days. This plan must detail the schedule of work and must be
submitted to 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. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
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, $500.00 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due to the Contractor the amount of liquidated damages due to the
City from the monthly pay estimate.
Section A - SP
(Revised 12/15/04)
Page 6 of 26
Days Allocation for Rain
The contractor shall anticipate the following number of work days lost due to
rain in determining the contract schedule for each part of the contract. A
rain day is defined as any day in which the amount of rain measured is 0.50
inch or greater at the site. No extension of time will be considered until
the expected number of rain days has been exceeded and the Engineer has
agreed that the status of construction was such that there. was an impact
detrimental to the construction schedule.
MONTH DAYS MONTH DAYS
January 3 Days July 3 Days
February 3 Days August 4 Days
March 2 Days September 7 Days
April 3 Days October 4 Days
May 4 Days November 3 Days
June 4 Days December 3 Days
Completion shall be based on satisfactory work, completed, tested, in
accordance with the plan, specifications, and contract documents and
connected to the existing system, and accepted by the City for the entire
project.
Certificate of Completion
The requirements to issue the Contractor a Certificate of Completion are the
following (Project Acceptance Procedures Check List):
(1) Final inspection {Contractor shall have red lined set ready to
submit to City with all corrections/notes-Engineering Services to
coordinate As-Built plan preparation with A/E Consultant).
(2) Inspector prepares final quantities, contractor evaluation form,
and project summary.
(3) Inspector/Engineer verifies that all submittals, payrolls,
Inspection Reports, As-Builts, O&M manuals (in electronic format
as required), SCADA documentation, and other Field Information
are complete.
(4) Contractor reviews and agrees to final quantities or differences
agreed upon by Contractor and Inspector.
(5) Final estimate reviewed by City Construction Engineer.
(6) City Construction Engineer submits to Engineering Administrative
Asst., the final estimate and Contractor evaluation form and
Project Acceptance Procedures Check List.
(7} Final payment checklist:
(a) Affidavit that all bills have been paid, "Waiver of
Lien"
(b) Submittal of all remaining payrolls
(c) Submittal of MBE letter on what Contractor has
actually subcontracted through end of project
(d ) 3~-~~--p-r-e~-e e~1TZede r-a~-€e r~s ee~t}31ez~-a-x~
e~~a
(8) Final Acceptance Memorandum prepared by Administrative Assistant
(9) Administrative Asst. reviews for completeness, funding
availability, prepares financial paperwork
(10) Administrative Asst. submits to director of Engineering
Services/Operating Department Head for approval and forwarding to
Asst. City Manager
(11} Final Acceptance memo returned from Asst. City Manager
(12) Authorization for payment (AFP) prepared and submitted to
Accounting Department
Section A - SP
(Revised 12/15/04)
Page 7 of 26
(13) Contractor receives final payment after City Council (if required
or Asst. City Manager accepts project.
(14) Administrative Asst. sends letter to Contractor informing him or
her when one-year warranty date begins (Acceptance Memorandum).
City acceptance of the project will be described in an Acceptance Memorandum
to the Contractor.
The warranty will begin on the date that the Acceptance Memorandum is issued
to the Contractor.
A-19 Construction Project Layout 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 so that alternate control points can be
established by the City or Consultant Project Engineer as necessary, at no
cost to the Contractor. Control points or bench marks damaged as a result of
the Contractor's negligence will be restored by the City or Consultant
Project Engineer at the expense of the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and
grade to properly execute the work, the Contractor shall obtain approval of
the City or Consultant Project Engineer prior to deviation. If, in the
opinion of the City or Consultant Project Engineer, the required deviation
would necessitate a revision to 'the drawings, the Contractor shall provide
supporting measurements as required for the City or Consultant Project
Engineer to revise the drawings.
. 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.
Tire Ee~t~ee~e~-s~rall~~evide the F , , ,. -ert~sea~ie~-i-e~ a,. ...~..~; ..
-- ~' --~~ref39-s 'a ti, i ~ ti., a ,a ,.a
`~_______ TtQiIGC eeS Cr r2 GIIGSOrT .TIZ4x z.JV N Y L'•'
•-T'~-~Te-t~t~ne a~-pe~~e€ t-a~-eaey;~ge~~ ..F _F,.v,.~.,...
. '
• Street--e~eia~s e~ a ~9A-=a~er~ra~~aed-a~alTr~t-e~eee~iens
~ T ~ l / ~- .. l , 1- ~ -.. i. .. L... 1
I
Section A - SP
(Revised 12/15/04)
Page 8 of 26
• 5~a~s~~~s-~i~;
• Cas~g ewe-v-atiar~s~ep-e€-~-=p= ~~'' ~le~a--1}~r
• A31 ~i~r~~e~~-els~ie~s-morel-es;-
A-20 Testing and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
A-21 Project Signs
The Contractor must furnish and install 1 Project signs as indicated on
Attachment I. The sign must be installed before construction begins and will
be maintained throughout the Project period by the Contractor. The location
of the signs will be determined in the field by the City Engineer.
A-22 Minority/Minority Business Enterprise Participation Policy (revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade. and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
- awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
- - combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority_Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican-Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Section A - SP
(Revised 12/15/04)
Page 9 of 26
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.Oo of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0 of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0 or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0°s of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0s of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0 of the contract work itself and in which
a minority joint venture partner has a 50.0 interest, shall be
deemed equivalent to having minority participation in 25.Oa 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.
Section A - SP
(Revised 12/15/Oq)
Page 10 of 26
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 $ 15 $
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
.female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00}
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection. a-f~e~ tie-b-trilt~s
. Section B-6-2 of the General Provisions is hereby
amended in that the Contractor must pay all fees and charges levied by the
City's Building Inspection Department, and all other City fees, including
water/wastewater meter fees and tap fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10%) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
Section A - SP
(Revised 12/15/04)
Page 11 of 26
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 (l0a) 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 5100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A-25 Sales Tax Exemption (NOT USED)
zhe Ee~3traete~ el~ezT-te ege~ate e~de~ a-~~F^,,.^~^a ""~"'"F~t ~^ ~r fint~[~ ~"l
See~e~-g--~~~ e€ E~rap-te~~, a~~~}~~'-a~iarr-e€ Tii=1e g4, ~t~b3~e-~~~a~ee-a€
p rem~tlg~a ~e~-by~t-be-Eemp~r~el 1 e~ ez P~t~l r~eee t~~rt s e f T e~ a s.
~ fz~'t a Ee~-~e~e~e lees ~ e ep•e r-a~ e--t~~de~ a ~epa-~a~ed-- eee~ ~a•e~ , m,-~_
1 Cbtai~-the ~eees-ear -
^+.,.a -~,. the-~-~~.
-----=r=------ --- -
g. ~r~e~t~e-r~esal~e ee~if}ewes-fie
ii cLr~cvrs~i~'ae~e~' ~6e9 rr6~ cse@z-c6 e~Je~3~e-tk33~e~-a ,
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A-26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
Section A - SP
(Revised 12/15/04)
Page 12 of 26
In the event of cancellation
restricts the insurance afforded
covenants to mail prior writte
change to:
1.
2.
3.
or material change that reduces or
by this coverage part, each insurer
n notice of cancellation or material
Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys' fees, far or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury,. death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B-6-11 of the General Provisions
is amended to include:
Contractor must provide n--~ '- ~=-'- ----Installation Floater insurance
coverage for the term of the Contract up to and including the date the
City finally accepts the Project or work. ate'--o-~,~-'- ---Installation
Floater coverage must be an "All Risk" form. Contractor must pay all
costs necessary to procure such ~_='_ =~~~-Installation Floater
insurance coverage, including any deductible. The City must be named
additional insured on any policies providing such insurance coverage.
Section A - SP
(Revised 12/15/04)
Page 13 of 26
A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, then prior to .award, the City
Engineer may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects-begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90} days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerem~;site to the City
Engineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also ~~
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
Section A - SP
(Revised 12/15/04)
Page 14 of 26
A-30 Amended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated. into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
.will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-7-13;
7. A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre-construction conference;
8. Documentation required pursuant to•the Special Provisions A-28 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9-. 8eee~te~~isr~s ~•~q~}~~ed~y-S~ee~al-P~~=e~i-sre3=r-A-T-Tr; i-f r,-rte,? ==~'-c
Section A - SP
(Revised 12/15/04)
Page 15 of 26
10. Within five (5) days following bid opening, submit in letter form,
information identifying type of entity and state, i.e., Texas (or other
state) Corporation or Partnership, and name(s) and Title(s) of
individual(s) authorized to execute contracts on behalf of said entity.
A-31 Amended Policy on Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 Amended "Execution of Contract" R~*~ *~a*+ts
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the. signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will- not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre-Bid Meeting referred to in Special Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the .Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In J
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order..
~s ~S--Oily-i~Zater-~'~ae~lities: ~_____ _, a_.....; _.._.._~.. (NOT USED)
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Section A - SP
(Revised 12/15/04)
Page 16 of 26
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Section A - SP
(Revised 12/15/04}
Page 17 of 26
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Section A - SP
(Revised 12/15/04)
Page 18 of 26
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1} reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
Section A - SP
(Revised 12J15/04)
Page 19 of 26
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED
~~ ~~
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A-38 Worker's Comvensation Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors 'B "' are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Final Acceptance (NOT USED)
_ _~_ ~s-F#a~t ee e~ a e el'~ ~ € ~ ea~~e e~-e e~ag~a~e~F--€ 9 ~' i~31`~6~e~ae~l~s ~6~es met
A-40 Amendment to Section B-8-6: Partial Estimates (NOT USED)
6a~
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11-be eale~rl~~~~i~l-
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:
A-41 Ozone Advisory NOT USED
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, e~eep
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ee~-y _
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Section A - SP
(Revised 12/15/04)
Page 20 of 26
A-42 OSHA Rules & Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs.
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, material man, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
material man, or their officials, employees, agents, or consultants.
The contractor shall
and agents harmless
employees, attorneys,
liability whatsoever
officials, employees,
causes injury. to an
supplier or material
A-44 Change Orders
hold the City, its officials, employees, attorneys,
and shall indemnify the City, its officials,
and agents from any and all damages, injury,. or
from a negligent act or omission of the city, its
attorneys, and agents that directly or indirectly
employee of the contractor, or any subcontractor,
man.
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.}. This
breakdown information shall be' submitted by contractor as a basis for the
price of the change order.
A-45 As-Built Dimensions and Drawings (7/5/00)
(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
substitutions/field changes.
(2) 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.
Section A - SP
(Revised 12/15/04)
Page 21 of 26
A-46 Disposal of Hic7hly Chlorinated water (7/5/00) NoT USED
~.,.,~y..y, ...~.,~,.~....,..~..., u.,,. ~~n~ ~~,.~..~,.y ~.. .... ..L.,r.~......,, .........,.~. ..,.....,....~.......~..
Win-the-daa~er; past-ie~a~~t-high lev-els e€ able=iae, 6d=~~be-t~ee~-€er
a~e~re yes s~eh-as~T-PaF~C-~=A, e-t~-l-t--~i 11--bathe-Ee~t~a e-€ a ~s~ - - ~ ~ "--- ='= ='-' } f'
t-die-E-ray-€~er-agp~e~ral-T~ere ~-a~ll
c~le-ri-nested---era-ter. Eea}€r-ae~er s-hall-nc~t--ttse €he-Ei~y--s saa}~~ar~-eebae~-s~e~t
F.. ,.. a... .,i ,.} ..}.. -.}..,a -,},.
--- ---r---- -- -------"------~ ..----
A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT USED
~rter te-aa~*-ee~rs~rtre~ea~-r~eve~ ee--~e--gre~-ee-~-Ea~~~aete~ s~a~l exe~e-ate
~re}9es~ed--p rgel ices e ~t~e~r-e~-e~e~--an: d-r e~-tr-a e~e~s ha l~-s~a e~ tyre--e~~
,. ,
F~~-exis~i~g-gr~peliaes whreh-gar-a~~el aid aye 6dithia3 ~e~ €-eel-(-€-A
}?r-egesed-pige-~i-gyres-$€ the-gr-e3-eel, ~e~rae~e~ shall e~e~id-a-~e--ana-e~pese~d
e~~} t t~gr~el r~eg-a}~nax}nttmr-a€ g A 8-€ee t
~~ f eel } e . e .
Ce~r-a~~er s~ral~l-then-prepare a rage-r-t a~~--s
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_--.~-____- ___- __y_ _- ____-_-~~ y_-y_=-____-.
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires.. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is"provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
Section A - SP
(Revised 12/15/04)
Page 22 of 26
A-49 Amended "Maintenance Guaranty" (8!24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A-50 Amended Prosecution and Progress
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in 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."
A-51 Maintenance and Control of Wastewater Flows
The Contractor shall be responsible for maintaining sewage flows at all
times. It shall be the Contractor's responsibility to coordinate with the
City Wastewater Department regarding any modifications to the existing plant,
such as rerouting flows, or operation of any structure. Any such system
modifications will be subject to approval by the Engineer and the City
Wastewater Department and shall. not interfere with the proper operation and
function of the wastewater system. The Contractor shall be responsible for
coordinating the review of any system modifications sufficiently in advance
of the proposed construction operations so as to avoid any delays in time.
Sewage or other liquid shall not be pumped, bailed or flamed over the street
or ground surface. No sewage or other liquids shall be handled by allowing
flexible or rigid bypass pipeline through the storm water lines. To bypass
the flow, the connections to the existing facilities shall be made over the
surface by means of flexible or rigid pipes. The pipe used for bypassing
this flow shall be strong enough to resist the traffic load, if any, and the
size of the pipe shall be capable of handling the incoming discharge, but
small enough to not create hindrance to traffic flow or create any blockage
or accident. The construction of temporary gravity flow lines, force main
lines, pumping equipment, plugs, flow diversion structures, haulage by tanker
truck, etc., required to maintain and control system flows shall be the
responsibility of the Contractor. The construction of temporary gravity flow
lines, force main lines, pumping equipment, plugs, flow diversion structures,
haulage by tanker truck, etc., required to maintain and control system flows
shall be considered subsidiary to the various bid items in the contract, and
shall not be measured for payment.
The City will not support the contractor in his operations by loaning
equipment, work crews, removing lines from service, etc.
_ A-52 Confined Space Entry Requirements
Contractor will be required to comply with all OSHA regulations and
guidelines as pertaining to identification and classification. of confined
spaces, and associated requirements for entry into these areas, including
Section A - SP
(Revised 12/15/04)
Page 23 of 26
compliance with OSHA Regulation (Standard 29 CFR) Permit Required Confined
Spaces 1910.146. All personnel entering confined spaces shall be properly
trained and certified. At any time, upon demand, the Contractor shall supply
the engineer with this certification information of any/all personnel who are
doing confined space entry work.
A-53 Errors and Omissions
The Contractor shall carefully check these specifications and the contract
drawings and report to the Engineer any errors or omissions discovered,
whereupon full instructions will be furnished promptly by the Engineer. If
errors or omissions are so discovered and reported before the work to which
they pertain is constructed and if correction of such errors or omissions
causes an increase in the Contractor's cost, the Contractor shall be
compensated for such increase in cost as provided elsewhere.
The Contractor shall bear the expense of correction any errors and omissions
on the drawings or specifications, which are not discovered or reported by
the Contractor prior to construction and which, in the opinion of the
Engineer, could have been discovered by reasonable diligence on the part of
the Contractor. It is the intent of this Contract that all work must be done
and all material must be furnished in accordance with generally accepted
practice. Further, it is the intent of the Contract Documents that the
Contractor shall perform all work to complete the project ready for its
intended use.
A-54 Noise Control
Contractor shall take reasonable measures to avoid unnecessary noise. Such
measures shall be appropriate for the normal, ambient sound levels in the area
during working hours. All construction machinery and vehicles shall be
equipped with practical sound-muffing devices, and operated in a manner to
cause the least noise consistent with efficient performance of the Work.
During construction activities on or adjacent to occupied buildings, and when
appropriate, the Contractor shall erect screens or barriers effective in
reducing noise in the building and shall conduct his operations to avoid
unnecessary noise which might interfere with the activities of occupants.
A-55 Dust Control
Contractor shall take reasonable measures to prevent unnecessary dust. Earth
surfaces subject to dusting shall be kept moist with water or by application
of a chemical dust suppressant. When practicable, dusty materials in piles
or in transit shall be covered to prevent blowing dust.
Buildings or operating facilities which may be affected adversely by dust
shall be adequately protected from dust. Existing or new machinery, motors,
instrument panels, or similar equipment shall be protected by suitable dust
screens. Proper ventilation shall be included with dust screens.
A-56 Dis osal of Materials Resulting from Cleaning of Existing Structures
The Oso WWTP personnel are responsible for draining Aerobic Digester No. 2 as
much as they are able. It is the Contractor's responsibility to
remove/dispose of the remaining sludge. -•
The Contractor shall be responsible for the removal from the site of all
solids and semi-solids resulting from their cleaning of the existing
structures. Sludge depths for existing structures are not shown in the plans
and specifications; however, it is the intent of the plans and specifications
Section A - SP
(Revised 12/15/04)
Page 24 of 26
that all sludge, grit, debris, etc., be removed from existing structures
during cleaning operations. The proper disposal of the resulting sludge,
etc., shall then be the responsibility of the Contractor. Trucks hauling
materials removed from the existing lines or manholes shall be watertight so
that no leakage or spillage will occur.
All solids and semi-solids shall be dewatered and delivered by the Contractor
to the City's Cefe Valenzuela Sanitary Landfill. The Contractor will be
required to complete the attached GENERATOR'S WASTE PROFILE SHEET (Attachment
II). The material must be sufficiently dewatered to pass the required paint
filter test. Disposal of the material at the City`s Landfill is subject to
prior approval and payment of associated dewatering fees.
If the City's facilities are used for dewatering or disposal of waste, the
Contractor shall be responsible for making contact with the appropriate solid
waste and wastewater officials, scheduling the work, and meeting any
requirements set forth by said officials. Failure to meet these requirements
shall be cause for the rejection of the materials by either the Landfill or
the treatment plant operations. All costs involved in disposal of the
materials resulting from the cleaning of the existing structure including,
but not limited to pumping, hauling, drying, landfill charges, etc., shall be
considered subsidiary to the various bid items within the contract.
A-57 Protection of Existing Facilities
Due to the suspected fragile condition of the existing pipe and structures,
the Contractor is expected to exercise extreme care in all construction
operations, including the installation and removal of all sheathing, shoring
and .bracing for any required access pits. Construction equipment and
techniques employed by the Contractor shall be such as to minimize the
possibility of any further damage to the existing pipe and appurtenances.
The Contractor shall be responsible for the repair of any existing facilities
damaged by construction operations. Such repairs shall meet the requirements
set by the Engineer and the City Wastewater Division.
The Contractor shall have all materials and equipment ready for immediate
repair of the sanitary sewer line in the event that a section of the sanitary
sewer line collapses during the course of the project. The Contractor shall
prepare and submit a plan of action for emergency repair of the sanitary
sewer system to the Engineer for approval. The plan should contain
information on repair procedures, location and type of equipment to be used
and time required for equipment mobilization.
A-58 Electronic Submittal of Bids
The following paragraph modifies B-2-7 Preparation of Proposal, of the
General Provisions:
"The bidder has the option of submitting a computer-generated print-out,
in lieu of, the Proposal (SHEET 3), INCLUSIVE. The print-out will list
all bid items (including any additive or deductive alternates) contained
on Proposal Sheet 3. If the Contractor chooses to submit a print-out,
the print-out shall be accompanied by properly completed proposal pages
1, 2, 4, 5, and 6. A sample print-out is shown in Attachment II2. In
addition, the print-out will contain the following statement and
signature, after the last bid item:
(Contractor} herewith
certl ies t at t e unit prices s own on t is print-out for bid items
(including any additive or deductive alternates) contained in this
proposal are the unit prices and no other Information from print-out.
(Contractor)
ac now edges an agrees t at t e Tota Bid Amount shown will be read as
Its Total Bid .and further agrees that the official Total Bid amount will
be determined by multiplying the unit bid price (Column IV) shown in
this print-out by the respective estimated quantities shown in the
Proposal (Column II) and then totaling the extended amounts.
(Signature)
(Title)
(Date)
Section A - SP
(Revised 12/15/04y
Page 25 of 26
SUBMITTAL TRANSMITTAL FORM
PROJECT: OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS;
PROJECT NO. 7422
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: LNV ENGINEERING, DAN S. LEYENDECKER, P.E.
CONTRACTOR:
SUBMITTAL DATE:
APPLICABLE SPECIFICATION
OR DRAWING
SUBMITTAL NUMBER:
SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 26 of 26
A G R E E M E N T
THE STATE OF TEXAS ~
COUNTY OF NUECES ~
THIS AGREEMENT is entered into this 8TH day of DECEMBER, 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 R.S.Black Civil
Contractors, Inc. Machinery & Materials, Inc. (Joint Venture)
termed in the Contract Documents as "Contractor," upon these terms,
performable in Nueces County, Texas:
In consideration of the payment of $470,000.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
OSO W.W.T.P. AEROBIC DIGESTER N0.2 IMPROVEMENTS
PROJECT NO. 7422
(TOTAL BASE BID: $470,000.00)
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 bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS
PROJECT NO. 7422
Total Base Bid
I II III IV y
ITEM QTY b
UNIT
Description Unit Price
(In Figures) Bid Item
Extension
1 1 LS Mobilization/Demobilization, complete in
place per lump sum.
~t7, Owl
-`_~
$ D
1
2 1 LS Aeration Equipment for Aerobic Digester No.
2, including but not necessarily limited
to: an access bridge, 1- 14" diameter air
header pipe, aeration system containing 4"
steel distribution headers, 2" diffusers,
double-throw Eductor tube, all required
supports, couplings, anchors, and fasteners
for a complete system, start-up, testing,
training & documentation, 5-year warranty,
complete in place per lump sum. ~j'~~~ ~
y'(J s ,1(~~'j ~
$ L~7
SO~j,,
~
3 1,500 Polyurethane crack injection for Aerobic
LF Digester No. 2 including walls and floor,
complete in place per linear foot.
~,~ ~~
~
$ SZ. S!`~
f
P
~
,~
Total Hase Bid $ ~~ ~
_ ~
Proposal Form
Page 3 of 6
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 280 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.
ATTE
Ci y Secretary
CITY OF ORPUS C IST
B ~ ~
Y•
Juan Perales, Jr., P.E.
Assistant City Manager
APPR AS TO LE FORM:
~11 - ~ ..~
By : ~~ 4~~~
Asst . Cit~~ypp Attorney
{Yt~0~( 3.s'l' . AUTHORtZEl1
~T COUMdCiI.....~ ~ :~ ~g p~
l
SE~RE'fAftY ~J-
~- - a.,,,.~. ~.~~-?.~R biz
B Y : ~-,~~i
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
R.S.Black Civil Contractors, Inc.
Machinery & Materials, Inc.(Joint
Venture)
Tit 1 e : ~~ ~.,~,~-t_ ~/~`'~AMNA,~'~
(Address)
CORPUS CHRISTI, TX 78466
(City) (State)(ZIP)
361/242-3187 * 361/242-3188
P.O. BOX 6218
(Phone) (Fax)
Agreement
Page 2 of 2
P R O P O S A L F O R M
F 0 R
OSO W.W.T.P.
AEROBIC DIGESTER NO. 2 IMPROVEMENTS
PROJECT NO. 7422
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Proposal Form
Page 1 of 6
P R O P O S A L
Place:
Date: ~G'i/ // , '~L~
Proposal of ~/,~-~i -~C- ,,/~~?~~.fs4-G~~~1/~ ~~'7,~~"i~~~~7'L,e~~
a Corporation organized and existing under the laws of the
State of
OR
a Partnership or Individual doing business as
TO: 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:
OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS
PROJECT NO. 7422
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-
wit:
Proposal Form
Paqe 2 of 6
OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS
PROJECT NO. 7422.
Total Base Bid
I II III IV V
ITEM QTY S
UNIT
Description Unit Price
(In Figures) Bid Item
Extension
1 1 LS Mobilization/Demobilization, complete in
place per lump sum. ~M
Q ~J ~
$ ~~'
2 1 LS Aeration Equipment for Aerobic Digester No.
2, including but not necessarily limited
to: an access bridge, 1- 14" diameter air
header pipe, aeration system containing 4"
steel distribution headers, 2" diffusers,
double-throw Eductor tube, all required
supports, couplings, anchors, and fasteners
for a complete system,. start-up, testing,
training & documentation, 5-year warranty,
complete in place per lump sum.
`7 ~O~ ~~
$ `'7 S®~f
3 1,500 Polyurethane crack injection for Aerobic
LF Digester No. 2 including walls and floor,
complete in place per linear foot.
~®Q~
$ S
Total Base Bid $~~~,~(~~
Proposal Form
Page 3 of 6
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 Warr-anty but are mere estimates for the guidance of the
Contractor.
Upon notification of award of contract, we will within ten
(10) calendar days execute the formal contract and will deliver a
Performance Bond (as required} for the faithful performance of this
contract and a Payment Bond (as 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 a.s 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 280 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.
number):
Receipt of the
(SEAL - IF BIDDER IS
a Corporation)
following addenda is acknowledged (addenda
Respectfully submitted:
Name : f.G" ~ , ~'~
By:
(S GNATURE)
Address : ~(~,~~,~ ~o•Zl
~(P.O. Box) (Street)/
(City~tate) (Zip)
Telephone : Zvi 2~3 / ~ 7
NOTE: Do not detach bid from other papers.
-Fill in with ink and submit complete
with attached papers.
(Revised August 2000)
Proposal Form
Page 9 of 6
P E R F O R M A N C E B O N D
BOND NO. 104993892
STATE OF TEXAS §
IQ,10W ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT R.S.Slack Civil Contractors, Inc. Machinery & Materials,
Inc.(Joint Vesture) of NUECES County, Texas, hereinafter
called "Principal", and TRavF FRS c:AS A TY & SURETY COMPANY OF AMERICA , a
corporation organized under the laws of the State of TEXAS ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of FOt7R HUNDRED
SEVENTY THOUSAND AND NO/100 ($470,000.00) 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 SIICH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH of DECE~~BR 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO W.W.T.P. AEROBIC DIGESTER N0.2 IMPROVEN~;NTS
PROJECT NO. 7422
(TOTAL SASE BID: $470,000.00)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WSEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 15TH
day of DECEMBER , 20 09
~G
ATTEST
_~AJ~y P2rN Z.. 'PRo~r- ,iyid-n.~ ~n
(Print Name & itle)
~1F~ ~5~~
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
By: ~ - `~ ~
Attorney-in-fact ~ -
TAMI .I DUNCAN
(Print Name)
Agency: SWANTNER &_GORDON INSURANCE AGENCY
Contact Person: MARY ELLEN MOORE
Address : P_ ~_ Rax a7o
CORPUS CHRISTI. TEXAS 78403
Phone 1Vf~ber: 361-883-1711
(NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/OS)
Performance Bond
Page 2 of 2
PRINCIPAL
R. S. BLACK CIVIL CONTRACTORS, INC. /
P A Y M E N T B O N D
STATE OF TEXAS §
BOND NO. 104993892
COUNTY OF NUECE3 §
KNOW ALL BY THESE PRESENTS:
THAT R.S.Black Civil Contractors, Inc. Machinery & Materials,
Inc.(Joint Venture) of NOECES County, Texas, hereinafter
called "Principal" , andTRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
a corporation organized under the laws of the State of TEXAS ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of FOUR
HUNDRED SEVENTY THOUSAND AND NO/100 ($470,000.00) 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 8TH day DECEMBER 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO W.W.T.P. AEROBIC DIGESTER N0.2 II4PROVEMENT3
PROJECT NO. 7422
(TOTAL BASE BID: $470,000.00)
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
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material"
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety.
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN TnTITNESS WSEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 15TH
day of DECEMBER , 20 09
(Print Name & Title)
ATTEST
(Print Name & Title
SURETY
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
By: ~ - ~ ~ .
Attorney-in-fact
TAMI .I Dl1NC:AN
(Print Name) -
,.
- AgeacY: swANTNER ~ GORDON INSURANCE AGENCY
Contact Person: MARY ELLEN_MOORE
AC~dress : p n ROX 870
rnRPl )S CHRISTI. TEXAS 78403
Phone Number: ~B1.88;x_1711
(NOTE: Date of Payment Bond must not be prior to date of .contract) {Revised 3/08)
Payment Bond
Page 2 of 2
PRINCIPAL
R. S. BLACK CIVIL CONTRACTORS, INC. /
MACHINERY & MATERIALS, INC. (JOINT VENTURE)
OP ID COCO
CERTIFICATE OF LIABILITY INSURANCE DATE(MIWD[
RSBLACI 12/lE
Swantner & Gordon Ins Agcy-HO
1500 Citywest Blvd Suite 500
Houston TX 77042
Phone: 713-952-9990 Fax:713-952-9939
RS Back Civil Contractors,inc Y
POcBoxeEiZ18 Materials, Inc.
Corpus C6Zhristi TX 78466-6218
__
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: QBE Specialty Ins Co 11515
INSURER B: Redland Insurance Company 37303
INSURER C: TAxaB Mutual Ins Co 22945
INSURER D: PzinCetOn E7[C98s&$urplus 10786
0
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W tTH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURA E POLICY NUMBER DATE MMIDD/YYY DATE MMIDDIYYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1~000~000
A X COMMERCIAL GENERAL LIABILITY QSIHU0001985 09/09/09 09/09/10 PREMISES Eaoccurence) $ 100000
CLAIMS MADE X^ OCCUR / MED EXP (Any one person) $ 5, OOO
V PERSONAL 3ADV INJURY ~ OOO ~ OOO
GENERAL AGGREGATE $ 2 ~ OOO ~ OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~ OOO ~ OOO
POLICY PRO- LOC
JECT
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT
000
000
$
B X ANY AUTO RICHU0001554 09/09/09 09/09/10 (Ea accident) ~
~
ALL OW NED AUTOS ~ BODILY INJURY
$
X SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
$
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE 2 ~ OOO ~ OO O
D X OCCUR ~CLAIMSMADE 66A3U8000090500 09/09/09 09/O9/~0 AGGREGATE $2~000~000
/ $
DEDUCTIBLE ~/ $
X RETENTION $ 1O ~ OO ~ $
WO RKERS COMPENSATION
' -
TORY LIMITS ER
C LIABILITY
AND EMPLOYERS
ECUTIVr~j TSF0001140917 01/28/09 01/28/10 E.L. EACH ACCIDENT $ 1000000
OFFCER/MEMBEREXCLUOED?
(Mandatory In NH) U / E.L. DISEASE - EA EMPLOYEE $ 1 O O O O O O
If yes, describe under
SPECIAL PROVISIONS below dd
E.L. DISEASE -POLICY LIMIT
$ 100000 O
OTHER
DESCRIPTION OF OPERATIONS (LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
RE: Oso WWTP Aerobic Digester No. 2 Improvements - Project #7422
The City of Corpus Christi is named as additional insured applicable to the
General Liability and Auto Liability.
rcoTrcr~ere uAl r1FA CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREy11E EXPIRATION
/
J CICC-O7 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O /DAYS WRITTEN
gg11 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
City Of COrpus Christi IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Dept • of Engineering Services
REPRESENTATIVES.
Attn: Contract Administrator NTATIVE
A
T
S
P.O. Box 9277 LI
E
E
/
Co us Christi TX
ACORD 25 (2009/01) ~ Tatstl-zuvy c-~unu wnrv-+A I wlv. An ngnts reserves.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009!01)
~COR~ CERTIFICATE OF LIABILITY INSURANCE OP ID COCO DATE(MMmonVYY)
~ RsBLACl 12/31/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER IMF RMA ON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SWantner & Gordon Ins Agcy-HO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1500 Cityvrost Blvd Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
xouston TX 77042
Phone: 713-952-9990 Fax:713-952-9939 INSURERS AFFORDING COVERAGE NAIL iF
INSURED INSURERA Firemaas Fund Ias. CO 21$73
INSURER B:
R$ Black Civil C traCtOrS,InC
~
ials, inc.
Och~ s
8 ~later
-~ INSURER C:
6
1
Corpus Chr sti TX 78`66-6218 INSURER D:
INSURER E:
COVERAGES
THE POLK:IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOK:ATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT 70 W HIGH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITKNIS OF SUCH
POLICIES. AGGREGATE LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YYY DAT MWDWYY LaAtTS
GENERAL LUIBILRY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY
PREMI8ES Ea oxurenoe _
S
CLAIMS MADE ~ OCCUR MEO EXP (Arty arro person) S
PERSONAL 9 ADV INJURY S
GENERAL AGGREGATE S
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPlOP ACiG S
POLICY JECaT LOC
AUT OMOBILE LIABILRY
COMBINED SINGLE LIMR
ANY AUTO
(Ea aoddent) S
ALL OW NEO AUTOS
BODILY INJURY
SCHEDULED AUTOS
(~ ~~") S
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Fer accident) S
PROPERTY DAMAGE
(Per acddent) S
GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S
ANY AUTO OTHEA THAN EA ACC S
AUTO ONLY: AGG S
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE $
RETENTK)N S S
AND KERS NBATKIN
EMPLOYERS' LUIBRRY Y / N -
TORY LIMITS ER
ANY PROPREi70R/PARTNER/EXECUTIVf~
OFFK7rRIME1~ER EXCLUDED? E.L. EACH ACCIDENT S
u
~ ~ ~)
ib
~
M
d
E.L. DISEASE - EA EMPLOYEE
S
aun
r
yes
esd
SPECUY. PROVISIONS below
E.L DISEASE -POLICY LIMIT
S
A
A OTHER
8quinalsnt Floater
Builders Risk
>!lZ=93004162 f
>I~I93004162
01/28/09
01/28/09
01/28/10
01/28/10
DESCRIPTION OF OPERATKNiS / LOCATKIN3 / VENK:LES / EXCLUSIONS ADDED BY ENOORSEMEN7 /SPECIAL PROYISW113
City of Corpus Christi is Warned as as Additional Zasursd. Policy is all risk
and based on cam~leted values. Limit at any single location $500,000. ,/
CERTIFlCATE F1t7LDEFi CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLX~ES BE CANCELLED BEFOREJfNE EXPIRATK)N
CIC~-C7 GATE THEREOF, THE ISSUING WSURER WILL ENDEAVOR TO MAIL 3 0 DAYS wRRTEN
NOTICE TO THE CERTNICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City Of COrpus Chri Bt 1 IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER
RS AOENTS OR
Dept . of Eagriaeerinq Services ,
Arta:
Contract Administrator REPRESENTATIVES.
PO 8070 9277 SENTATIVE
o s Christi TX 78469-9277.
A,cORD 25 (2DD9JV~) ®1988-2009 A~ORU'CORF~ORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (20o9roi)
:~DUI'IIONIL INSUItLD E1vUO1tSE~~~IEN'r
THIS ENL)ORSEMENT, EFFEC'TItiB UN 09/09/2009 AT 12:01 A.~11. STANI)ARU TIIviE, FORMS
APART OF POLICY NL~IBER USII~I?0001985 QF THE QBE SPECIALTY 11VSURANCE
COiv1PANY ISSt?ED TO .RS BLACK CIVIL CONTRACTORS
IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN
Al~lll'i'IUNAL 1NSU1ZLll 1llS1LEUNllEIZ 13U'1' UNLY AS 1tESYliC'1'S LL4131LT1'Y
ARISING OUT OF THE OPERATIONS OF THE N.A~~ED INSURED, AND THAT 'THE
INCLUSION OF SUCH ADDTTIONAL INSURED SHALL NOT SERVE TO INCREASE
THE CO~tP.ANY'S LIlvIIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF
THIS POLICY. THIS ENDORSEIv1ENT APPLIES TO ADDITIONAL INSUREDS ADDED,
AS REQUIItED BY WRITTEN CONTRACT, PRIOR TO THE OCCURRENCE OF ANY
LOSSES.
CITY OF CORPUS CHRISTI
ATTN: CO_'~TTRACT ADIIHPTISTRATOR
PO BOX 9277
CORPUS CHRISTI, TIC 78469-9277
550.00 FULLY E ~1R:~TID FLAT CHARGE
Authorized by:
ee, Managing Partner
<~l)Lll'VS Swantner & Gordon Insurance Agency
City of Corpus Christi
Dept. of Engineering Services
Attn: Contract Administrator REDLAND INSL'R:-1NCE CO1tIPr~NY
PO Box 9277
Corpus Christi, TX 78469-9277 ~1DDI'IIUN.~L INSURED ENDORSEZ•IEY'T
THIS ENL~ORSEIvIENT, EFFECTIVE ON U9/09/20U9 AT 12:01 A.1I. ST.~NL)AI2I) TIME, FORMS
APART OF POLIC~C' NUI`~IBER RICHiJ000155d OF THE REDLAND INSCTRAI~ICE
COI\~IPAI~Y ISSUED TO RS BLACk CML CONTRACTORS
IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWQ~IG IS ADDED AS AN
AUUI'I'IUNAL INSUl~ll IiE;Rl:UNllEIt I3Ui' ONLY AS IL~SPF:C'I'S LL413ILI'I'Y
ARISING OUT OF THE UPERAT'IONS OF T'HE N.4ivtED INSURED, AND THAT THE
INCLUSION OF SUCH ADDTTIONAL INSURED SHALL NOT SERVE TO INCREASE
TIC CO1v1P.4NY'S LIlvIIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF
THIS POLICY. THIS ENDORSEMENT APPLIES TO ADDITIONAL .INSUREDS ADDED,
AS REQUIRED BY WRITTEN CONTRACT, PRIOR TU Tl ~ OCCURRENCE OF ANY
LUSSI:'S.
BLANKET AS REQUIItID BY WRITTEN CONTRACT
5100.00 FULLY EARPIED FLAT CHARGE
Authorized Representative
s
~,~_
R.M. Lee, Managing Partner
Swantner i3< Gordon Insurance Agency
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER'- ENDORSEMENT EFFECTIVE DATE: COMPANY:
QSIH00001985 ~ 09/09/2009 4BE SPECIALTY INSURANCE COMPANY
NAMED INSURED: COVERAGE PARTS AFFECTED:
RS BLACK CIVIL CONTRACTORS COMMERCIAL GENERAL LIABILITY
IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE
OF CANCELLATION WILL APPLY, EXCEPT FOR NON-PAYMENT OF PREMIUM,
THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY.
CITY OF CORPUS CHRISTI /
ATTN: CONTRACT ADMINISTRATOR f
PO BOX 9277
CORPUS CHRISTI, TX 78469-9277
Authorized by: `~ -
R.M. Lee, Managing Partner
Swantner & Gordon Insurance Agency
SPECIAL-1 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission
City of Corpus Christi
Dept. of Engineering Services
Attn: Contract Administrator
PO Box 9277
Corpus Christi, TX 78469-9277
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER ENDORSEMENT EFFECTIVE DATE: COMPANY:
RICH00001554 REDLAND INSURANCE COMPANY
NAMED INSURED: R8 BLACK CIVIL CONTRACTORS COVERAGE PARTS AFFECTED:
/ COMMERCIAL AUTOMOBILE
/ IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE
f OF CANCELLATION WILL APPLY, EXCEPT FOR NON-PAYMENT OF PREMIUM,
THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY.
BLANKET AS REQUIRED BY WRITTEN CONTRACT
Authorized by
a f ~ ,.
~)
R.M. Lee, Managing Partner
Swantner & Gordon Insurance Agency
SPECIAL-1 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission
tt ® WORKERS' COMPENSATION AND EMPLOYERS
~X~~MU~+U LIABILITY INSURANCE POLICY
Instu~nceComp~ay WC 42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
1. Number of days advance notice: 30
2. Notice will be mailed to:
Schedule
CITY OF CORPUS CHRISTI
P,O, BOX 1977
CORPUS CHRISTI, TX 78469
Authorized by:
R. .Lee, Managing Partner
Swantner & Gordon Insurance Agency
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
{The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on / May 7 , 2009 at t 2:01 A.M. standard time, forms a part of
Policy No. TSF-0001 140917 20090128 of the Texas Mutual Insurance Company
Issued to R S BLACK CIVIL CONTRACTORS I NC
Premium $ 0.00
Endorsement No. 3
~--z ~.~.._..~.
Authorized Representative
WC420601 (ED. 1-94)
WASENDRS 5-07-2009
~+:~.DO1t.~E11~JE1~T 001 - /~
ADDITIONAL NAMED iNSUItED V
Insured R S BLACK CIVII. CONTRACTORS, tNC. f Policy Number MZT93004162 ~/
MACHINERY 8c MATERIALS, INC. /
Producer SWANTNER & GORDON Effective Date 01/28/2009 '/
A1~AIT70NAT_~ NAMED INS[7RED (Bi7T ONLY FOR SPECIFIC JOAS DONE ON BEHALF Olt FOR C~I'Y OF CORPUS
CHRISTI): `//
CITY OF CORPUS CHRISTI
DEPARTMENT OF ENGINEERING SERVICES
ATTN: CONTRACT ADMINISTRATOR
P.O. BOX 927?
CORPUS CHRISTI, TX 7II469-9277
Authori2ed by:
,:~
~v
R.M. Lee, Managing Partner
Swantner & Gordon Insurance Agency
~.
~hCtllSil'$
jt'Ulia"
POLICY NUMBER MZI93804162 y"
Named Insured Sequential Endorsement Number 004
R S BLACK CIVIL CONTRACTORS, INC.
MACHINERY & MATERIALS, INC.
CHANGE ENDORSEMENT
Effective A1/28/Z009,12:01 A.M.,
Standard Time st the Address of the inanred
This is an Endorsement only. Other than changes shown, all other pre-existing coverage. remains in full force
and effect. Premium adjastments are shown.
J
PREMIUM SUMMARY:
PREMIUM DUE NOW: S 0
Thirty Day Notice of Cancellation
It is hereby agreed and understood that in the event of cancellation or non-
renewal of this policy, by the company, thirty (30) days prior written notice
of cancellation will be sent to the named insured at the address shown in the
declarations, unless such cancellation is due to non-payment of premium by the
insured in which case a ten (10) day prior written notice of cancellation will
be sent.
FORMS ATTACHED AT INCEPTION OF THIS CHANGE ENDORSEMENT
Couaten;goature of Authorized A;eM;
Producer.
.. ' jv.:. +'i.:' ', t ..K 111///
SWANTNER do GORDON Date
500 N. SHORELINE, SUITE 1200
CORPUS CHRISTI, TX 78471