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HomeMy WebLinkAboutC2010-108 - 2/16/2010 - Approvedter..... ~ / t 2010-108 M2010-033 02/16/10 Palacios Marine & Indus. Coating -- S P E C I A L P R 0 V I S L `0 N S S P E C I F I CA T I O N S _, A N D F O R M S O F C O N.TRA G T S & B O N D S r„ O R WHITECAP (PROJECT NO. E09017) LAGLJNA MADRE (PROJECT NO. E WW`rP CLARIFIER REHABILITATION December, 2009 PREP?~RED FOR : o ~E OF TF ~~ i ~.~p ,.... ..~-~J11 ~ *.' -.*~ '= I Wastewater Department ~ * : ~ •. *~/ s ................. City of Corpus Christi ~ MARK A MARONEY ~~ P. O. Box 9277 ~....: ~~~~~~~~~~ ~ -~ : 62015 .'-...:... ~'"~~ Co us Christi, TX 78469-9277 ~ 9 •' F `' ~ ~ WASTEWATER '~' ~.,..~~ .•-'~~.., DtPANTM£NT _ ,~ss~ONAL ENG ~ Z~~ ~~~ ~N~INEERING FIRM N0. 145 2725 Swantner St. CORPUS CHRISTI, TX 78404-2832 (361) .854-3101 FAX (361)',854-6001 U.E. JOB N4. 10136.A9.00 PROJECT NO.: E09006 - Laguna Madre WWTP PROJECT NO.: E09017 - Whitecap'WWTP (Revised 715/00) WHITECAP (PROJECT NO. E09017) .AND LAGUNA MADRE (PROJECT NO. E09006j WWTP CLARIFIER REHABILITATION Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - $ (Revised August 2008) Texas Administrative Code, Title 28, Part 2, Chapter. 110, Subchapter B, Rule 110.110 PART A - SPECIAL PROVISIONS A-1 Time and Piace 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 Agencie° (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials n-1-Field ^o~e (NOT USED) A-18 Schedule and Sequence of Construction I~ 19 Ee~s-~~~~ie~gr~e~-edt T~YO„+ -..,a ^,,..~r,,, (NOT USED} A-20 Testing and Certification A-~1 Pre~eets (NOT USED) A-22 Minority/Minority Easiness Enterprise Participation Policy (Revised 10/98) ~ 2z~ ~i45~3e•e~iSin cgaxt c,~ ~n,...: ,a ~ i~ inns NOT USED '" ~-c~~~a--,- -ter ( ) A-24 Surety Bonds ~ 25 c^~__ m... z'_'^^^~`'^^ NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements _A_--~-Respensib}~i~~* €er~~tage~~ (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and. Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A- ~~ Gi~~ Water F-aer~i~ies c"---=1 °.=qu_=--..___'~.. (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 A 39-Ee~~~€ieate ,.~ ...._^i ,., _.. -..a ~i.._, Tcc~rtc-cc (NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9198) A-44 Change Orders (4/26/99) A-95 As-Built Dimensions and Drawings (7/5/00) ~ 4C Bicp~.:' ~~ va yi..isLr_t..i...~....~,.t..u + i~ is inns (NOT USED) ~ $7-c='- ~~~-----~-----E--r~..__~.,~s E..._..-_-}----- t-L_G inns (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions 51 Ce~tamr.~ed S-eils (NOT USED) A-52 Fences A-53 Protection of Public ar..d Private Property A-54 Security n 5-5 Aeees-s~~as (NOT USED) A-56 Parking A-57 Noise Control A-58 Dust Control A-59 Temporary Drainage Provisions A-60 Dewatering A-61 Amended Prosecution and Progress Submittal Transmittal Form (Revised 9/18/00) TECHNICAL SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS 1E12[2] - Special Construction 5A1[1] - Structural Steel and Other Metals 9M1[1] - Painting 13C1[1] - Modifications/Rehabilitation for Whitecap and Laguna Madre WWTP Clarifier 15D3[1] - Plug Valves APPENDIX 'A' - Whitecap WWTP North Clarifier Photos APPENDIX 'B' - Laguna Madre WWTP East Clarifier Photos DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: WHITECAP (PROJECT N0. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHABILITATION, consists of repairing, blasting and painting existing steel equipment, replacing existing plug valves and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, January 13, 2010 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Tuesday, January 5, 2010 beginning at 2:00 p.m. The pre-bid meeting will convene at Engineering Services Conference Room, third floor City Hall, 1201 Leopard, Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond. in the amount of 50 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 Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 ~ 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 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage $. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LTMIT 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 endironmental 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 ^ REQUIRED X NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensatior. liability coverage. QThe name of the project must be listed under "description of operations" on each certificate of insurance. QFcr 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 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE. REQUIREMENTS Page 1 of 11 'T'exas Administrative Code TITLE 2E INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined 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 regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, empluyees 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 foodlbeverage 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 are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to 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) too 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 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached 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 year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or p;,rsonal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. {e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing fa1_se 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 iif 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 certifcates 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 paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all. required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or persona: delivery, within ten days after the person knew or should have known, of any change that materially affects the pruvision of coverage of any person providing services on the project; and (H) contractually. require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect. without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (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 l., 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rude 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 1Vote: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T2$S 110.110(d)(7} "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless 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 verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c}('7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, TWCC- 82; TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on tite project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ,¢406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of'any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, off ce supply deliveries, and delivery of portable toilets. 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 ccntractor 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 cert~cate of coverage with the governmental entity showing that coverage has been extended. F,. 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 certificate of coverage ends during the duration of the project. Page 9 of I 1 F. The contractor shall retain all required certifacates of coverage for the duration of the project and for one year thereafter. G. The contractor shall note 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 verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of 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 certificatE of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certiftcate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; {S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person ;chew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contructually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certiftcates 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 prvper reporting of classification codes and payroll amounts, and that all coverage agreements will be ftled with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of I 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS PART A - SPECIAL PROVISIONS Whitecap - Project No. 509017 sad Laguna Madre Project No. 509006 WWTP CLARIFIER REHABILITATION A-1 Time sad 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 Wednesday, January 13, 2010. 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: 8ID PROPOSAL-WHITECAP (PROJECT NO. 509017) AND LAGUNA MADRS (PROJECT NO. 509006)WWTP CLARIFIER REHABILITATION Any proposals not physically in possession of the City Secretary's Office at the time sad date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of say proposal, by the proposer, their agent/representative, V.S. Mail, or other delivery service, to say City address or office other thaw the City Secretary's Office will be deemed non- responsive if sot in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting is scheduled for Tuesday, January 5, 2010 beginning at 2:00 p.m. The pre-bid meeting will convene at Utilities Suildiag Conference Room, 5352 Ayers Street (corner of Holly Road and Service Center Drive) and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. No additional or separate visitations will be conducted by the City. A-2 Definitions sad Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project This project consists of repairing, blasting and painting existing steel equipment, replacing existing plug valves and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid (Bid Parts A, B, C & D) 2. Total Base Sid (Bid Parts A, B, C & D) + Additive Alternate No. 1 (Part S) 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. Explanation of Measurement and Payment 1. Clean, Abrasive Blast and Paint Equipment: This item shall be measured as a lump sum. This item shall include all work required to clean, abrasive blast and coat all equipment as described on the plans and specifications. Section A - SP (Revised 9/18/00) Page 2 of 25 2. Replace Sludge Tubes: This item shall be measured by each individual removed and replaced with new sludge tubes. This item shall include all work required to measure and determine requirements for new tubes, removing existing tubes, providing and installing new tubes, including welding and new stainless steel fasteners. Repair Holes In Effluent Troughs: This item shall be measured by each individual repair made on the weir trough. This item shall include all work required to provide the steel coupon and completely clean and weld on the repair coupon to seal holes and openings. Weld on New Trough Angle: This item will be measured by the linear foot of steel angle removed and replaced along the sludge troughs to repair corroded and missing trim angle. Measurement will be made horizontally along the trough from beginning to end of repair. 5. Replace Trough Splice Gaskets, Handrail Corners, Tees and Crosses, Handrail This item shall be measured by each individual gasket, handrail corner, handrail segment, and stainless steel chain. This item shall include all work required to provide the new item, remove the existing item and. install the new item. 6. Replace Scraper Brass Squeegees and Trough Braces: This item shall be measured as a lump sum. This item shall include all work required to provide the new item, remove the existing item and install the new item. 7. Valves and Boxes: This item shall be measured by each individual valve of the size and type installed. This item included but is not limited to the following work: a. Excavation, including removing and disposing of excess soil, to uncover existing valves. b. Removing existing valves. c. Furnishing and installing valves as called for on the drawings and specified herein. d. Furnishing and installing polyethylene wrap and boxes with covers for buried valves as called for on the drawings and specified herein. Top of the boxes shall match the finished grade.. e. Furnishing and installing a concrete pad under each buried valve. f. Placing and compacting backfill for buried valves (including furnishing the select bedding material). g. Grading and cleaning up of the affected area. h. Furnishing any dewatering required to keep the excavation dry. i. Removal and replacement of existing chain link fence as necessary to replace valves at the Laguna Madre WWTP Chlorine Contact Chamber. 8. Welding/Misc. Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances and for unforeseen welding that may be required. Payment shall be negotiated for each circumstance. 9. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any .item required on the plans and contract documents shall be paid under the appropriate bid which covers the. item. Section A - SP (Revised 9/18/00) Page 2 of 25 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Boad (Must reference Whitecap (Proiect No. 809017) cad Lacuna Madre (Proiect No. 809006) WWTP Clarifier Rehabilitation as identified in the Proposal) (A Cashier's Check, certified cheek, money order or bask draft from any State or National Bask will also be acceptable.) Disclosure of Interests Statemen A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 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. Days Allocation for Raia The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days .has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 90 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall b e independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer"} to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 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 from the monthly pay estimate. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on .the Project is terminated or cancelled 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 9/18/00} Page 3 of 25 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 ••aill accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed 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 Acknowledgmeat of Addeada The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-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 shall apply. *•"~~~ ~~~~'~^` in gage yes; -tke b}ghee of the '- ~'^-, , ~a~ Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These .documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperatioa with Public Ageacies (Revised 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- Section A - SP (Revised 9/18/00) Page 4 of 25 eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon.Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 626-3500 Urban Engineering-Mark Maroney 854-3101 Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Services Department 826-1818 Gas Department 885-6900 Storm Water 826-1881 Parks & Recreation 826-3461 Solid Waste Services & Streets 857-1970 AEP 299-4833 SWB 881-2511 City Street Div. for Traffic {826-3190 after hours) (826-3140 after hours) (826-3000 after hours) (826-3190 after hours) (693-9444 after hours) (1-800-829-4924, after hours) Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic} 887-9200 (Pager 800-729-3629) KMC (Fiber Optic) 813-1124 (Pager 888-209-1679} ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) 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 flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor Section A - SP (Revised 9/18/00) Page 5 of 26 must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but. is not limited to, working driveways in half widths, construction of temporary ramps, etc. The. Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A11 costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Eouinment Spillage and Trackin The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer .system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials. Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no'direct payment will be made to Contractor. A-17 Field Office (NOT .USED) ~~ ,~ =L~a::gi~ee~ e~ his ~eFreseetatiae ~'he-iiel~--Q€€iee ~s~-n~€~r-cis-ked--•.ritY~ a Ee~r~e-~e~. T-here is ~ -.~,, v~~., ~~~ ,..... ~~,.~.. ..~~y.,... Section A - SP (Revised 9/18/00) Paqe 6 of 26 A-18 Schedule and Sequence of Construction The working time for completion of~the Project will be 90 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. 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 phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 90 Calendar Days, as detai-led elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering .Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time .period as extended pursuant to other provisions of this Contract, $300 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 from the monthly pay estimate. A-19 Construction Project Layout and Control (NOT USED) • ~ , ~ - .. `- ~_-..1 _- ____-~-_____ ~ . _~ ... .. .~. ~ ...~.~i. •• --^^ MM'''' / 1Y1~ J 1'v c~ro i vG G ao cti'ac al~e~~a~e e833~~'e~~9~~3~9 can be ^+-. t..~ ,. t. ,. ,~ t,., +}~~ir+;+.. cvxxo a~ ca:xt P~e~-eet E~tginee~ aS ~3e eessa~'~~ a~~~cQS~ ~v--t--~3~~'6irc~'3C~^v~'-cv~z yr =GGCOSGQ Arc he E~~y-9~' E6}2 s13~~a£3~ P~6~-e e~ $~3~~-t2ee~' a~ crti'ic"~-2~f~ef3se 6~-~32 Section A - SP (Revised 9/18/00) Page 7 of 26 ~ : ~ ti --~f i ~ d ~~r--th~ . ,. ie~en of ,.~... .-: ~ e Ga~ ~ pie ta: ?eet Eng ne , en ea a e~-~ e~~e f ~ the E it~e~ 8e ~st~lEant ~~ e7eet ~'~ ~ ''`"' ''~ ., y .. , 'the t t id b h E -13ir~- ~ F F-L S~~ a~~~ € =~ ~a~ =~tax eed aid-Pa e~ ent~ae e ~~ P ~ 3 F-e=1e ~i~-=s '~ -~i-ni~um sehedo~ f d~ ~t~t' c :~~ ,.a . 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. SCHEDULE OF TESTING BY THE CITY: (NOT USED) SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Section A - SP (Revised 9/18/00) Page 8 of 26 Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A-21 Project Signs (NOT USED) coxxo cx:accroxx DGCj SII.7 xzxx~ Fd}}} ~e ~~}mot a}wed ~~3~Ak~~~3e 13~ ~-ie-~'~'e~-e2~ ~~ ~" }~'~ v.. .., .., n,. ,ice-...~ P;-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. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the. purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 9/18/00) Page 9 of 26 Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and .subcontract payments, and any other monetary distribution paid by the 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% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f.' Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.08 interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for. the Contract award are as .follows: Minority 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 ur~i~orm 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. Section A - SP (Revised 9/18/00? Page 10 of 26 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) (NOT USED) a~~a-moo gsst~~-e-a ~}nal iDS~ee~=eD afte~th~bu}l~i~g ;-G .., ,.~~ ..,~ rP-flu €~r and aII ethe~~'~t-p-fees ,.,..,~; ~~,.~~. n}.. ..~,. ..~,. F,. ~,~ F,. ..s ~p ,. ,~ U.., r; ~., 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°s) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (l00) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10°s) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 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) S~~t=oD $ 6-~~, I'aa~ Ea~empt~en P~evisier~, is-deleted i~ i-t~-e~ir~~ --~~ .F ..l l .. ..L... a-; ~..~-....1 , ~-L... ,r .. ..F Section A - SP (Revised 9/18/00) Page 11 of 26 ', D Y. l T } ~. .-. G m..., -, .. z r '~ T,.~ } r }ti`e ap~~@~i'~ate +, rr } } } r .n } , ,.~ n}w ~, i~rt,. }i,,. n,.. 3a~, ~~, 3 -P•~eeide ~•esale }' ~• .,},.~ },. ..~ ; ~ T €e~ll ~~s, E~eise, and Hse "' "" eerti€ieate },. ~.; ...~_;_or, A-26 Su plemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number. of days advance notice: 30 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: Section A - SP (Revised 9/18/00) Page 12 of 26 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims (NOT USED) ~o t~ eessar~ te~reexre sueh insu~anee~a9 , y , zhe E}~~~must be named addit=anal ~~ ~,; ;~;- ~~ ~y p NY y 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 the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel ' erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. Section A - SP (Revised 9/18/00) Page 13 of 26 The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field .administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract 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. Section A - SP (Revised 9/18/00) Page 19 of 26 In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to~its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) 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" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no-cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-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 Section A - SP {Revised 9/18/00) Page 15 of 26 plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) } w ~ , S6zr-~3 ~' '''~ s~bee~r-ae-te ~ s , a~e~ e a e h e € r ,~ ,, ,~,. ~ d ~ ~ ~~~ , ~}a--~-~haae-~-~eh a ea~ c' z ,. ~ , ' } Al , ~ i eh items ~ ttst ,.... ,. ...,~,.,~_ ~. y .. wester €ee}l}t me y-at any-t sr ~,,~~- nl~-.«~ nals and ~qt~}~~tent x~sed~ a~ ~, ~~ m~.~ ` ~ e~~s~aiiat€en~:d i~GPeet ti n }ems a€~a=~zpT ~ ~ "'' ""' Y tr~ns~er a e ~ I , ~ / / a l ~~ F L l.. TAtQT IA7Q r. ~`+- ~-7 a C1 a l ZI ~e- h t #+t~e~~ P~ ^,' t-,a ~~ Anne~-~,.,a.: _ ~..1 j e s~ - ~~~s-a-~e-~~eete~ en ~9e'' . I Section A - SP (Revised 9/18/00) Rage 16 of 26 ' `~ G i ~ - ~-a~~s-~P;~e~-~~a~ -a ~~TL-e~~- ~ Ee~€~aefe n ~>~s -9,~~ ~e~ ~ enne >,_..,, .-., ~ ~~ € i o ~ ~ :.+,~,_~ s~a~Ege, ~ E~e, er-Er e n i ~E ~h ii i~ f t, r s ~~~an~ e~sa~ es €e~ E~~°~+~i^-- d ~o~l xaeP:e ~.., .....,.... r ep e ~~ev e e r- a ,z.,} ~ ~ • E~€„ € f , ~~,,;~~+sL- ~ Ee~f~ae€e ~~ntts xse aa~ ne '^ €€ T, , € p .-,..,+r + h; .., ,. ,.+ ,-.,, ,., ,, r, . y-Ei€~W a€e~ Bepa~€~nen s a e' ~ ~ ~i ~ iv i c + e~seaae~ ~t~s€ ~€~- i~cvcxx . a~E ccx xca ~ee .-1 a- • ( ~ ~ •+,- „}., ", ., ..;- .,a- , ,. +1. ,. genie€es .d + , Bl-2r~f2t~ bder Ei~3~ 3613rs i ] .,+...., ,,+; i. .-, .7., ,., ~-h,.,~.~ 1. h..: l.d; ., .,i-t. ., ,.. ~Tt tn y i .i;,.~ ..i-i,r] ~ c L,,, ~;+.. il~.~..r T1.,..,~,,.~+~.ni,.n+ .~,, ~ €e~ ~egts ~ed bd6£ E e~ S~~ ^ ~} } Y N zaTR~~ ~1P7-B B~1'~~ B74~SBB~~V€BE~F3~ E _~ ~o~~€za~~o ees ~- ~>~a eaz o T !"~/li l T C~ T T T l1T7 \ ~ v €o =i€i ~ P ~ and s~t i f n ~~€s~e e ~- ~se~~e€ s y- ~,«es en P~= ay-lea e ea ee ~E ~ ~~ ~ ~ n €€ € == d~-€iea€=e ~ f ns aE~ ~i•P:~en s =1~c=aa~~, ay ~ ~ ~,o e e, me ' , , , €eef'ens, €t~=n ~sh~nQ, ins€a i~i~Eg, eeenee~ ,, 1 ; ~~ , ~enE~gg~ng, eaiin $e€~~,-~~e ; ~; ~a€=n~, e~ ,.,.~ , „' -- ..~, .a h., ~»s~ ,.,.; ~; , i t., ~....~~~ .. ,..fie.. ~.. .,~, . _ .., ,. 3.. ~e-is- ~e~ia~i~-engaged in €ne „~-,.r_h^~,.,~ ; ~„r ^~^,-^~.,, r~ z-~,~ +,. +h,. n i • € i -;~. ..,~ ; -., ~Eess, es s~ s e~t eenf~e ~i~~-ate-was-€~~P; e ~~a~ t=~~ N ~ie sire €-ee '~ € € d ~ h , eRrs~ m~a~a Eie~ E ea ~.r e~~e ~ die as~e~ , ~~ =~_.. e e-~Ere~~e ~~ €~ € ~i i n l a 1.,,,.,,_.. a yg ~e y--e~gage e ee-a-ae ~. -~Fe- ~s- -~--- 4 die ,-., ., n,-.,,.; . ,+„ ,,,~ n,.,,~~~ r~~ 1_ ~n r~, y~ ~'/ ,,..a-,...\, o..,,~.,...,. S 11 I 9ve ~'JS ~egit~~~~ I7~F- € = c2I~S - _ _--F-., fhi i ~i_-'~___ -e ~ e€-was-€ ^ ~,,, , . Pe~se ~s ~ . fee -e~ € ~ d en r~ee f~ € ' ~e~ s -ai ir ra~= ee~t~se - - - - - - ~F=~ ~'' -~E- ee~ eP:e t n i i a-e e~e~ s i€r n ~g ~~ € --- -- '8S' ~ - € ------, -- ~~ f~~-e - e-s ~gbe~Eenz ~g fe ~ ~,.. ,, r,.., a- ,- ., a- i i t = e ee~tt~E3 ~ee € ~,, e~s, , , ~+-, s,-a i se ~~,,,a .,a ~ ,.,~ ms a -a g 6. He ~ -a 4A €P ni i~t f e~~taeer~ , ~ € on 9 .~z „~~~ e ~~--w : ~ae irn t ~ es e ~ - - e P:eats .... ,.; c; ,,,~ h,._..; . , . -e, a~~~e ~-a ea == € = n ~~~ e s~a ~ t~ enf n Eahieh is €ne- ~e . ~xe€ a€--eee ~i~ s a a € t- € z e~ g~ Y i ~ t i p ~W-t e ~ r of e € n i s e a~~e ~ ,11~-~~ ee ii i €t ee-~ -p-~ € f } a e ea €a ~ ~ e~ e~ ~ e- ~€i~-be-~ ~ ., ~~~~af e , a eqt ~~-ac ea ., ~-.,,+.. r,, v € t ~~ea e a ~ P7 ~ €~ 9 g e~ S€ 4 ~ ti9 ~ mM ~},., ~ ^^+ D1 ~~*~ ; , , e~ee- e~-Pei a . F~ i n ~ z . a e . f€ hi h E eaees € f a e~ ~ - '~ ~+ '~,.Y E~a e~a e,,,-,,rxse ng w e e n -~ae .~e ~~~ _~ _ = ~_ ~---,----- Section A - SP (Revised 9/18/00} Page 17 of 26 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to. the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also .submit one (1) reproducible transparency for all shop drawings. 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. 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. Resubmittals: Contractor must revise and resubmit submittals as required by-City Engineer and clearly identify all changes made since previous submittal. Section A - SP (Revised 9/18/00) Page 18 of 26 Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 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} ~~ ~~ " I-13~Ce-~=~r=a-e-te~ffs ~ ee~l~--w~i t~ ~~re E i~~-e€ Ge ~~trs Fh r i suers Wa t~ r ~. ~~ e9ixc'~r1~te3-?5 . Tie r; +. s., ; , , .., ~., ~.v~r ...~ ~.,. ., i ~.,.,, ~... ~....~.~..~ .,.». ..~. +~.~ ir zn P .~ ,.i.,, ,+ tr ctr ~ r~~~s- e ~... t~.,~,c u A-38 Worker's Compensation 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) A-40 Amendment to Section B-B-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered .to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (NOT USED) iivc nc^ evv-rccev-crs-criivr~"s~-~~3e ~6~f3~~ae~e~' id31~-~e ee~fl~ef3sa~e~ 3~ ~~'i@-uxi=rc p~zee-iediea~ed~-tie r==p~~-, . 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. Section A - SP (Revised 9/18!00) Page 19 of 26 A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Constructicn 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, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (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. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) . ~^~" '~~ '~-~''-}~a ~ Ei~ --€e~ a ~eval ~'h th e~e shall b e p$ . e e jt ~T'tAS 2 17G ~LLL G GLR e n I S2ii8~ ~•+,..., ~.. .1; ~l i c.v.a~ui«iaaua....u~a~c-r. Section A - SP (Revised 9/19/00) Page 20 of 26 A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED) P ' ono-aT~~eer~strr~etien rahateve~ ea the--p~e~eet, Ee~~-ae~e~ shall"get hele-sue ~64f eulverts e~g~ate ~,..~.. ..a r+,-...}... ,-.~-.. ~.1-,-.1, +i... ,..,- ...~. .,, ai3v ~Y g~e~iees er-the=gre7eet, EeatYaete~-shag-ea~d e~gese-said~g 9-: c xxtxu tvx oti'a~ ~ ~heFk-js~'epa~'e a ~'epe~'t a33~ Sl3~i[l~~ ]-~ t8-i=rr~FY~~-€6~'-36$3 i St~z~vz~32~e@€, ~is-tz?A2e--t r s t :e EaQir:ee~ aad rtrtt}l Oent~aete~ r rr r €eria. Ee~aete~ shill-gre~i~~~t~rie v~~ ~..,, ~.,r,.~u~~ NuY, ~.,~ "r-------1 -----`-.-`°----- 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 AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor`s sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (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 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions.. A-51 Contaminated Soils (NOT USED) • 3€, ~~~-ng-t-l3G~eens~~'ue~ien-,~-a~'ea ~s -----....,,,a ,.~ ~._,:,, , - =,- _F _-..~-,------=`-=--- '-'^~~ '-'~~ '";'-~ • , 1 '~,--~ t-hc~~ea-tested. 1€ tote e~ea--g~eaes to base ''"-`~ , ~ ~, ~{ crjcrr-cxx~, c.cz rvixx -ixa-v~ - --- -- -- - -- -- Section A - SP (Revised 9/18/00) Page 21 of 26 Ee~r~c-c~~ s~-all.. €ellew the F.., , ,. ,~_ - - ~~ € i de ~t d h } bai l' be t~~-Ce~t~a ete~'s €_~~--~ _~ ~a=-€aee -a the € Q~a e s ~ h h € ~ " h ~ll t ~ i~a ae~€~e~ tie '~,- ls- i ~ armed brith the tep e t ~ ~~~ ~e~e e . a ,.ter.,,-.~; ,.,r-,._: • Vic. n t € a-a~' ~~:,+Y,`: € "" "` h~~Idled in~aelr a baa~-as te ~ gun e -preven Q ,, il h ll '~ ~`' ''~' ", "}' ~"'' "'' '" Thy ~ontantinated steelep es a s r 3~F~-o~~eeess ~3ea-Eet~tamiaa€ed ~e€1 ~e-b~lar~ee ~F _ n+...~:,.-.~,..~ =all be hauled a€€-arrd-d~esed e€ bathe Cs~r-~ets~ at the a~~' ~~,'-~~' dis~esal .. ,a v.. 4-i.., r,...,*,.._ ,- +- .. o,. .a; ~ ,i .. ,. .. ,, t.,,, a,. .,..+.,.,.i 6a~ll be b~_t-he ~_}., . j . ~ 7 A-52 Fr~ncps All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains; and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings,, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. 811 replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever pzacticable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as Section A - SP (Revised 9/18/00) Page 22 of 26 necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair. or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-~5 Access Roads (NOT USED) ben-~r~e-ter-sli~l 1--~s-t-a'~~sh~~ zx~'re-psi a-,. ,, .,i +,. .., ..~. r-__ ~ n ,~T+- A-56 Parking Contractor shall utilize the staging areas shown on plans for suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A-57 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise - in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A-58 Dust Control 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. Section A - SP (Revised 9/18/00) Page 23 of 26 Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A-59 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. A-60 Dewatering This item is considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berms) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet.-Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Laguna Madre. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City' s expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor-would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857-1817 to obtain a "no cost" permit from the Wastewater Dept. .City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after_ completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. A-61 Amended Prosecution and 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 Section A - SP (Revised 9/18/00) Page 29 of 26 and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 9/18/00) Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: Whitecap (Project No. E09017} and Laguna Madre (Project No. E09006) WWTP Clarifier Rehabilitata.on, OWNER: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 9/18/00) Page 26 of 26 A G R E E M E N T THE STATE OF TERAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of FEBRUARY, 2010, 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 Palacios Marine & Industrial Coating, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $249,960.72 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WHITECAP AND LAGUNA MADRE WWTP CLARIFIER REHABILITATION PROJECT NOS. E09017 AND E09006 (TOTAL BASE BID + ADD.ALT. NO.1: $249,960.72) 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. WHITECAP (PROJECT N0. E09017) AND LACUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REIiABILITATION / BP,SE BID I ~ II III IV V UNIT_PRICE BID ITEM EXTENSION BID QTY ~ IN FIC:~TRES (QTY & UNIT PRICE IN FIGURES) ' ITEM UNIT DESCRIPTION A. y~I~Cpp WW'PP NORTH CLARIFIER (BASE BID) - Project No. E09017 A-1 1 Clean and Paint Equipment, ~~ ~',` :'f $ ' ~' =` ~~ ;~ ;;~. LS oomplete in place per LS ~ - A_2 g Replace Sludge Tubes, complete ~ 't - j~~'~ .- $ I wry/ ~ '~°~ t~ V l~ ~ s. 9ti;: EA in place per EA ` A-3 1 Replace Trough Braces, ~.' $ ;ter.-~ ` LS complete in place per LS A-4 200 Weld on ,New 2" Trough Angle, . ~' ~r $ ) . LF complete in place per LF A-5 6 Repair Holes in Weir Trough, Y %f '` $ y 4 Ep, complete in place per EA st A-6 4 Replace Gate Chain with ~ - ,• ; -;; _ _ _. EA Stainless Steel Chain, - % ~; r ,~ ;. complete in place per EA .- A-7 1 Welding/Miscellaneous LS Allowance (Mandatory Allowance), complete in place 7,000.00 $7,000.00 per LS r '. SUBTOTAL PART A $ ~ (Items A-1 - A-7) I I II III Iv v UNIT PRICE BID ITEM EXTENSION BID QTY ~ IN FIGURES (QTY & UNIT PRICE IN FIG ITEM UNIT DESCRIPTION B ~~p, Mp,DgE WWTP EAST CLARIFIER (BASE BID) - project No. E09006 B-1 1 Abrasive Blast (SP-10) and LS Paint Equipment, complete in ~,fe• place per LS ~' '~- B-2 1 Abrasive Blast (SP-10) and LS Paint Portion of Bridge, e:t complete in place per LS =- $ k - PROPOSAL FOF PAGE 3 OF WHITECAP (PROJECT NO~TP 9CO~IF1°+ND RE~~ABILIAT A ONpROJECT NO. E09006) BASE BID I I II I _ III IY v BID QTY 6 u ~ ITEM UNIT flA DESCRIPTION B-3 6 Replace Sludge Tubes, complete EA in place per EA B-4 70 Weld on New 3" Trough Angle, LF complete in place per LF B-5 4 Replace Trough Splice Gaskets, EA complete in place per EA B-6 1 Replace Scraper Brass. LS Squeegees, complete in place per LS B_7 1 Replace Missing Trough Braces, LS complete in place per LS B_g 6 Replace Handrail Corners, Tees EA and Crosses and Coat, complete in place .per EA B_g 2 Replace Handrail Segment and EA Coat, complete in place per EA B-10 1 Replace Existing 10" Drain EA Valve, complete in place per EA B-11 1 Welding/Miscellaneous LS Allowance (Mandatory Allowance), complete in place per LS UNIT PRICE ~ BID ITEM EXTENSION IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) ~i ~ ~~.;`_ -~~ $ l ~,~ ~ Y-; ~ ter,; ,_ ~: $ , ~ ~. , ,' $ ,n $ ~ rl' .... :.,~'. S ~ ,, ~i 7,000.00 ~ $7,000.00 SUBTOTAL PART B $ (Items B-1 - B-11) r~ PROPOSAL FORM PAGE 9 OF 9 WIiITECAP (PROJECT NO. E09017) AND LP,GUNP+ MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHABILITATION BASE B ID I- II III ~ V UNIT PRICE BID ITEM EXTENSION BID QTY 6 IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) ITEM UST DESCRIPTION j LACUNA ~DRE WWTP WEST CLARIFIER (BASE BID) - Project No. E09006 . ,_ C-1 1 Abrasive Blast (SP-10) and Lv LS Paint Portion of Bridge, ~ ~~" ~~ { .„ $ ~ . _ _ complete in place per LS - C-2 6 Replace Handrail Corners and ;.:, ~ t'%~~~ $ ~, - ' EA Coat, complete in place per EA C-3 6 Replace Handrail Segment and / ,~~ $ " r EA Coat, complete in place per EA ~~ I C-4 1 Replace Existing 10" Drain ,~,.,. ,~ I EA Valve, complete in place per ;; ~~~ °~} $ EA ~; ,~. : . - SUBTOTAL PART C $ ____ __ (Items C-1 - C-4) I II III ~ V UNIT PRICE BID ITEM EXTENSION BID QTY ~ DESCRIPTION IN FIGURES (QTY ~ UNIT PRICE IN FIGURES) ITEM II UNIT D. LACUNA Mp,DRE y~•pp (BASE BID) - Project No. i E09006 D-1 3 Replace Existing 8" Plug EA Valves on Sludge Piping, 1 ~ : $ complete in place per EA ,.~ , , SUBTOTAL PART D $ /'~, (Item D-1) PROPOSAL FORK PAGE 5 OF 5 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHABILITATION ADDITIVE ALTERNATE NO. 1 I I II I III I ~ I V II BID QTY 6 UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY ~ UNIT PRICE IN FIGURES) E. ADDITIVE ALTERNATE NO. 1 - Project No. E09006 AA-1 1 Remove and Replace Four 8" LS Plug Valves at Laguna Madre II WWTP Chlorine Contact Chamber, , r ~ ~~' % ' complete in place per LS ''r SUBTOTAL PART E $ ~t (Item AA-1) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5$ in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities.. BID SU1rII~1ARY TOTAL BASE BID (Part A thru Part D) $ ~ `~ ,~ TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 $ ~~ (Part A thru Part D) + (Part E) PROPOSAL FORE PAGE 6 OF ! The Contractor will commence work within ten (10) calendar days from date they receive written work order and will comp7,~te same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary CITY OF RPUS C IS I By : ~'f~ Juan Perales, Jr.,P.E. Assistant City Manager Engineering/Development Services APPROVE A1S , PTO GAL RM By: ~ I ~~ Asst. City Attorney By: ~ - Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Coating, Inc. By: Title :~r , ~ ~~-- Palacios Marine & Industrial (Address) PORT LAVACA, T7C 77979 (City) (State)(ZIP) 361/893-5390 * 361/893-5301 (Phone) (Fax) ~„ ~ I ©' ~~' AUTHURIZE'D ,.. $ECRE'~'ARY ~'~-- 2392 STATE HW7C 35 PROPOSAL Place: Date: /-/.,~"/~ Proposal of -~ L~ ~ `~Qd~~~~~ a Corporation organized and existing under the laws of the State of ~ ~X..~S 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: WHITECAP (PROJECT NO. E09017) AND LACUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHABILITATION at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROPOSAL FORM PAGE 2 OF 9 ,WHITEC1e,P (PROJECT NO~~P 9CLARIF~ ~~II~TA ION ROJECT NO. E09006) BASE BID I ~ II III IV V j UNIT PRICE BID ITEM EXTENSION BID QTY 6 IN FIGURES (Q TY ~ UNIT PRICE IN FIGURES) ITEM UNIT DESCRIPTION WHITEGAP WWTP NORTH CLARIFIER (BASE BID) - Project No. E09017 A, A-1 1 Clean and Paint Equipment, ~~ •^~,' ; ,', :. a $ ~J~ f ;~ '~ : LS complete in place per LS . p _2 g Replace Sludge Tubes, complete ;': ~~ ! .`.~ 4 ') $ -~ 0~ ~~ ~ , EA in place per EA r ~ , A-3 1 Replace Trough Braces, , $ ~r ,.. .„il~ LS complete in place per LS ` A-4 200 Weld on .New 2" Trough Angle, ~• $ {, r~~ LF complete in place per LF A-5 6 Repair Holes in Weir Trough, r /,~ s $ ~ fe N ~ complete in place per EA 4 ., ~ A_6 q Replace Gate Chain with - !(;., ,,-; __ I __. ~, -_ Stainless Steel Chain, _ - . - ~ ~, $ per EA complete in place A-7 1 Welding/Miscellaneous LS Allowance (Mandatory Allowance), complete in place 7,000.00 $7,000.00 per LS ' ~ SUBTOTAL PART A $ ~- (Items A-1 - A-7) I ~ II III IV V UNIT PRICE BID ITEM EXTENSION BID QTY ~ IN FIGURES (QTY 6 UNIT PRICE IN FIGURES ITEM UNIT DESCRIPTION _ _.. B. LAGUNA ~gE WWTP EAST CLARIFIER (SASE BID) - Project No. E09006 B-1 1 Abrasive Blast (SP-10) and LS Paint Equipment, complete in ~,~. place per LS B_2 1 Abrasive Blast (SP-10) and LS Paint Portion of Bridge, complete in place. per LS $ ,~\ PROPOSAL FOP PAGE 3 OF WHITECAP (PROJECT NO. E09017) AND LACUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHABILITATION BP,SE BID I II - III IV V UNIT PRICE BID ITEM EXTENSION BID QTY 6 DESCRIPTION IN FIGURES (QTY ~ UNIT PRICE IN FIGURES) ITEM UNIT B-3 6 Replace Slud a Tubes, complete <~ i ;~;;~ `~~-°' r '~% ~G" EA in place per EA g_4 70 Weld on New 3" Trough Angle, $ ` LF complete in place per LF B-5 4 Replace Trough Splice Gaskets, - $ ',~ - EA complete in place per EA B-6 1 Replace Scraper Brass ~ ~, complete in place es ~ $ LS , Squeege per LS B_7 1 Replace Missing Trough Braces, $ ,p~ LS complete in place per LS =-- B-8 6 Replace Handrail Corners, Tees ,,- $ /~ ~" ' ' ~• EA and Crosses and Coat, complete in place per EA B_g 2 Replace Handrail Segment and ~ ~ s. - " ` $ f: <',- EA Coat, complete in place per EA ,~ • •• 11 B-10 1 Replace Existing 10" Drain _ ~J ~. lete in place per com l V : {: $ EA p ve, a , r_F.. EA B-11 1 Welding/Miscellaneous . LS Allowance (Mandatory Allowance), complete in place 7,000.00 $7,000.00 ner LS SUBTOTAL PART B $ (Items B-1 - B-11) r ~' PROPOSAL FORM PAGE 9 OF 9 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WW'PP CLARIFIER REHABILITATION i BASE BID I ~, I II III UNIT PRICE BID ITEM EXTENSION BID QTY ~ IN FIGURES (QTY 6 UNIT PRICE IN FIG ITEM UNIT DESCRIPTION ~~. ~~A ~gE WWTP WEST CLARIFIER (BASE BID) - Project No. E09006 . C-1 1 Abrasive Blast (SP-10) and ~ . ;i LS Paint Portion of Bridge, ^ ~~ G~ '.; _,, ~ $ ~;_ complete in place per LS -- C_2 g Replace Handrail Corners and ~ %- $ EA Coat, complete in place per EA C-3 6 Replace Handrail Segment and j~ ~ $ ~> EA Coat, complete in place per EA ~~-f~ C-4 1 Replace Existing 10" Drain ~. ` EA Valve, complete in place per .~ ~,r' .! $ ~ F EA SUBTOTAL PART C $ f. r , ~~ ~~ __ ___ (Items C-1 - C-4) . _ A I I I II III IV V UNIT PRICE BID ITEM EXTENSION BID QTY 6 DESCRIPTION IN FIGURES (QTY ~ UNIT PRICE IN FIGURES) ITEM UNIT D. ~~A ~DRE y~Tp (BASE BID) - Project No. E09006 D-1 3 Replace Existing 8" Plug EA Valves on Sludge Piping, ~, ~ $ ~ ~ _ complete in place per EA ~--' ' SUBTOTAL PART D $ .;~; (Item D-1) PROPOSAL FORM PAGE 5 OF 9 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WWTP CLARIFIER REHP~ILITATION ADDITIVE ALTERNATE NO. 1 I ~ II ~ III I ~ ~ V II BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIC~IRES (QTY 6 UNIT PRICE IN FIGURES) E. ADDITIVE ALTERNATE NO. 1 - Project No. E09006 AA-1 1 Remove and Replace Four 8" LS Plug Valves at Laguna Madre WWTP Chlorine Contact Chamber, ~' $ ~ ~' '~ complete in place per LS _ SUBTOTAL PART E $ '= x~ _ r (Item AA-1) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves, the right to increase or decrease the quantity of any bid item. The above quantities -are approximate, include an additional 5$ in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. BID SUMMARY ~ `ter ~- ~ ;'., r r~r ~.: . TOTAL BASE BID (Part A thru Part D) $ '~ - r" , TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 $ ~= ''` ~% (Part A thru Part D) + (Part E) PROPOSAL FORK PAGE 6 OF 5 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (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 contreStfor t heodelay andnaddit onal wo kt aused thereby above set forth as liquidated damag 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 fo:ir counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 90 Calendar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth ........ __ __ __ __ _ _.._ _ _ Receipt of the following addenda is acknowledged (adde ~da ~umbgr): / Respectfully ubmitted: Name : ~ k. By: (SEAL - IF BIDDER IS ~..__.._~<_,_~-~~, a Corporation) Address : ~'Z q'~ s~1~ WV ~'' .0. Box) ( treet {City) (State) (Zip) Telephone : ^'3/ o(- ~ ' ' ~S~ gD NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) PROPOSAL FORM Page 7 of 9 P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § ~ d KCG~? 9/~' RNOW ALL BY THESE PRESENTS: THAT Palacios Marine & Industrial Coating, Inc. Of JACKSON County, Texas, hereinafter called "Principal", and AMERICAN SAFETY CASUALTY 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 TWO HUNDRED FORTY-NINE THOUSAND, NINE HUNDRED SIXTY AND 72/100($249,960.72) 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 16TH day FEBRUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: WHITECAP AND LAGUNA MADRE WWTP CLARIFIER REHABILITATION PROJECT NOS. E09017 AND E09006 (TOTAL BASE BID + ADD.ALT. NO.1: $249,960.72) 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 val no change, extension of time, al of the contract, or to the work ~ specifications, drawings, etc., anywise affect its obligation c waive notice of any such change, addition to the terms of the performed thereunder. ue received hereby stipulates that teration or addition to the terms erformed thereunder, or the plans, accompanying the same shall in n this bond, and it does hereby extension of time, alteration or contract, or to the work to be 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 WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the ~ ~ Wit` day of l~r/jPiA/2~ 20 /~ PRINCIPAL PALACIOS MARINE & INDUSTRIAL'-.COATINGS INC. By: (Print Name & Title) GREG GARCIA, OWNER ATTEST SURETY AMERICAN SAFETY CASUALTY INSURANCE COMPANY Ageacy: CARLISLE INSURANCE Contact Person: TOM CARLISLE Address: 500 N WATER ST_ CnRPJJS CHRTSTT' TX 7Rd71 Phoae Number: 800-580-0392 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 PERFORMANCE BOND ~D/CClaO,29/~ STATE OF TEXAS § COUNTY OF NUECES ~ EU!TOW ALL BY THESE PRESENTS THAT Palacios Marine 6 Industrial Coating, Inc. Of JACKSON County, Texas, hereinafter called "Principal", and AMERICAN SAFETY CASUAL'FYa corporation organized under the laws of the State of TEXAS , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED FORTY-NINE THOUSAND, NINE HUNDRED SIXTY AND 72/100($249,960.72) 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 16TH of FEBRUARY 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: WHITECAP AND LAGUNA MADRE WWTP CLARIFIER REHABILITATION PROJECT NOS. E09017 AND E09006 (TOTAL BASE SID + ADD.ALT. NO.1: $249,960.72) 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 hind. 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 WAEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the Q2~TN day of ~/;../3vA/Zy _, 20~. PRINCIPAL PALACIOS MARINE & INDUSTRIAL COATINGS INC. By: (Print Name & Title) GREG GARCIA, OWNER ATTEST SURETY AMERICAN SAFETY CASUALTY INSURANCE COMPANY (Print Name) " :,_., Q~ the '~-~"'~' `~ Ca~t'Y, ~~~$$., f0~' ~, ~_ R` ;~~~`,~ CARLISLE INSURANCE Agency: Contact Person: TOM CARr.rSrE _ AdCiress: 500 N WATFR ~T CORPUS CHRISTI, TX 78471 Phone 1Number: 800-580-0392 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 CITY C7F CORPUS CHRiSI"I DEPARTIIItENT aF ENGINEERING SERVICES P.O. BQX 3277 CARPUS CHRIS71, TEXAS 78459-9277 RE: Certification of Power of Attorney far Perfarrrtanre anc~ Payment F3onds Project Name & Na.: Various. Projects Surety Company: American Safety Casualty Insurance Company LadieslGentlemen: t, ^ Andrew C. Allison ~~ ,..hereb~~ c$rtify thatthe,far.~imife power of attorney submitted i7y Donna Easley Doane ~~ far Falacios Marine 8 Industrial Coatings, Inc. __ , a Capy of which is attached-to this c.~;rt~cate is a true and correct copy of the original power of attomey an file in the records of the surety company in its home office, has not been amended ar abridged, is still in fulE force and effect, and~said designated.agent is currently in ggad standing with the surety. In the event of cancellation of this power of attomey, the City of Corpus CI-iristi sf~all be notified in writing by certified mail within seven (7) days thereof at the following atfdress: City of Carpus Christi Department of Engineering Services Attn: GontraCt Administrator P.O. Box 9277 Corpus Christi, TX 7134$9-9277 Signed this ~ st day of March , 201 Q. American Safety Casualty Insurance Company Name: ~ • T Title: Andrew C. Allison, Assistant Vice President -Surety -~ ,.. Sworn and subscribed to before me on #his 1st ~ day ~ March T 2010. ~~ ~- Notary Publ' Tracy,L. Kyle State of Oklahoma My Commission E~tpir {~oTA,4~ . ~! PUBLIC (R9vieed ?J10) ®~ NUMBER POWE~Z OF.AT7['®RNEY OKC602917 AMERICAN SAFETY INSURANCE ! KNOW AI.L i4>IIri BY THESE.PRESENTS, thatAmerican Safety Casuaty Insurance Company has made. constituted and appointed, and by these presents does constitute and appoints Donna Easley Doane of Victoria, TX its trite and lawful attorney-in-fact, for it and its nstne, place, and stead to execute on behalf of the said Company, as surety, bonds, wdertaking and contracts of suretyship [0 be,.given t0 ALL OBLIGEES provided that no bond ar undertaking or contract of suretyship executed under this authorityshall exceed: in amounbthe sutra of 1. ~. }•1 YY t/ ~~1~~Lt/1~,JY~(U, /1VLl ~, I/O{l: ~/(I) l~t~LLL`Jl ~l)'YT4'7'. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Duectots of the Company an the Eighth day of September, 2003. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-factor agents with authority as defined or limited in the InStSUlpf;nt evidencing the appointrneat in each case, far and on'bchalf of the Company, tocxccutcand deliver and affix the seal of the Company to bonda,undertakings, recoghizances, and suretyship obligations of all kinds; and. said officers tray remove any such atrotncy-in-fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, andergking, recognizance, or suretyship obligation shall be valid and binding upon the Company-. () when signed by the President or any Vice-President and attested and sealed (if a seal be required) by any Secretary or AssistantSecretary or (ri) when signed by the President or any Vice-President or Secretary or Assistant Secietary, and countersigned and sealed (if a seaEbe required) by a duty authoriiedranorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be requited) by one or more attorney-in-factor agents pursuant. to and within: the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FARTHER, that the signattue of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authotiziog the execution and delivery of auy bond, undertaking, recognizance, or other suretyship. obligations of the Company; and such signature and sea! whco so used shall have the Same force and affects as though manually affixed. IN WITNESS VPI~REOF, American Safety Casuatry lnsutance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by iu Secretary this Eighth day of September, 2003. Attrst: Randolph L. Hrmo, Seeretary STATE OF GEORG1iA t~~/ ~~ ~ ` ~ U ~IM~ Stephen R. Corn, President eovivrsr of coos } ,,. Ouahis Eighth day of September, 2tA13 before me:personally:came Stephen R. Crim, to me known, who; being by me;duly sworn, did depose and say that he' is the `President of American Safety Casualty Insurance Company, the corporation described in and which executed the above inswment; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Boazd of Directors of said corporation and that he signed his name thereto by like order. .a``owmiuip~ ` ~, p, aAN,t-s~ j: bb tlou~~: p 3 M1~lIG \V\. \99Cy~A.yJt\~!Sj~~...` ,r~:;o~~y ~ Ruth .Bankston. Notary Public =,,y~F..:d5:7. Deb Or t'a~ 1`\. ryl1o,,,111\ll\111 'I, the undersigned, 'Secretary of Arberican Safely Casualty Insurance Company, a Oldahoma corporation,. DO HEREBY CERTIFX that the foregoing and attached Powerof Attomeyremains in full force-.and has not been revoked; and furthermore that the Resolution of the Board of 1)'rrectors; set forth in the said Power of Attorney, is ,now IR fO1Ce. Signed and Scaled at the City of Atlanta, in the State of Geargie. IJtZI GI ~: h51)f~ ;'(I LC" PEl i f !'Lt t1F' _ iTTOK,~`G I : I RL' f'k! ~ PEII II7T 11 RT.'D .~"C;) /EIU~~: d L ~`L :LfBF_'Zl.c I)i'1'L I C-t 1'E:'•~ .1'H. ll.l. H,(f "F" 1'tl F~ S'.-1:1 IE t"VKc'L" .~ t.~`D E'f F'L• (.-T .-LS: t:~ OX 1 GI:\'. a ~ U.\'L F !!'HE.1' ISSC'El) I:V C'O.~'.1 LY4'C'T10:` ti 77"r`I ?'HE OftlGt_~'.-1 L