HomeMy WebLinkAboutC2010-115 - 3/23/2010 - ApprovedJ. S. Haren Co.
S P E C I A L P R O V I S I O N S
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
F O R
OSO W.R.P.
WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS
101,;i
City of
EC ti
engineers I architects I contractors
TBPE FIRM NO F -366
801 Navigation, Suite 300
Corpus Christi, Texas
Phone: 361 -883 -1984
Fax: 361 - 883 -1986
FOR
WASTEWATER DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -1800
Fax: 361,/826 -1715
•
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS. CHRISTI, TEXAS
Phone: 361/826 -3500
Fax: 361/826 -3501
PROJECT NO: E09008
IDRAWING NO: STI, 179
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WASTEWATER
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2010 -115
M2010 -056
03/23/10
(Revised 7/5/00)
OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT NO. E09008
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting
A -2 Definitions and Abbreviations
A -3 Description of Project
A -4 Method of Award
A -5 Items to be Submitted with Proposal
A -6 Time of Completion /Liquidated Damages
A -7 Workers Compensation Insurance Coverage
A -8 Faxed Proposals
A -9 Acknowledgment of Addenda
A -10 Wage Rates (Revised 7/5/00)
. A -il Cooperation with Public Agencies (Revised 7/5/00)
A -12 Maintenance of Services
A 13 Area ACCC3s and Traffic Control (NOT USED)
A -14 Construction Equipment Spillage and Tracking
A 15 Excavation and Removals (NOT USED)
A -16 Disposal /Salvage of Materials
A -17 Field Office
A -18 Schedule and Sequence of Construction
A -19 Construction Project Layout and Control
A -20 Testing and Certification
A 21 Project Sign3 (NOT USED) •
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
A -23 Inspection Required (Revised 7/5/00)
A -24 Surety Bonds
A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98)
A -26 Supplemental Insurance Requirements
A -27 Responsibility for Damage Claims
A -28 Considerations for Contract Award and Execution
A -29 Contractor's Field Administration Staff
A -30 Amended "Consideration of Contract" Requirements
A -31 Amended Policy on Extra Work and Change Orders
A -32 Amended "Execution of Contract" Requirements
A -33 Conditions of Work
A -34 Precedence of Contract Documents
A 35 City Water Faciliti -o Spccial Requirement° (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 Certificate of Gecupaney and Final Acceptance (NOT USED)
(NOT USED)
A 11 Ozone Advioory (NOT USED)
A -42 OSHA Rules & Regulations
A -43 Amended Indemnification & Hold Harmless (9/98)
A -44 Change Orders (4/26/99)
Table of Contents
Page 1 of 2
A -45 As -Built Dimensions and Drawings (7/5/00)
(NOT USED) (7/5/00)
A 47 Prc Construction Exploratory Exca,,;otion3 (7/5/00) (NOT USED)
A -48 Overhead Electrical Wires (7/5/00)
A -49 Amend "Maintenance Guaranty" (8/24/00)
A -50 Amended Prosecution and Progress
A -51 Confined Space Entry Requirements
A -52 Errors and Omissions
A -53 Noise Control
A -54 Dust Control
A -55 Electronic Submittal of Bids
ATTACHMENTS
1 - Electronic Bid
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART S - STANDARD SPECIFICATIONG (NOT USED)
PART T - TECHNICAL SPECIFICATIONS
Section 500
Section 03600
Section 05120
Section 05200
PART W - DRAWINGS
LIST OF DRAWINGS
Sheet 1
Sheet 2
Sheet 3
Sheet 4
Sheet 5
Sheet 6
Sheet 7
Sheet 8
Sheet 9
Sheet 10
Mobilization
Grouts
Structural Steel
Miscellaneous Metals
Cover Sheet
General Notes, Legend & Estimated Quantities
Site Plan
Plan View - Existing West Aeration Basins
Typical Section - West Plant - Existing Aeration Basins
Typical Section - West Plant - Existing Catwalk Supports 1 of 2
Typical Section - West Plant - Existing Catwalk Supports 2 of 2
Single Column T- Support System 1 of 3
Single Column T- Support System 2 of 3
Single Column T- Support System 3 of 3
NOTICE
AGREEMENT
PROPOSAL /DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
Table of Contents
Page 2 of 2
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL
IMPROVEMENTS; Project No. E09008 consists of structural improvements
for the support of the catwalk structures at the West Aeration
Basins, Oso Water Reclamation Plant. Base Bid consists of furnishing
and installing 47 steel single - column T- supports (W- 10x39); at the
locations shown on the drawings and including any minor adjustments &
field fitting necessary to accomplish the work in accordance with the
plans, specifications, and contract documents.
Bids will be received at the office of the City Secretary until
2:00 p.m. on Wednesday, February 17, 2010 and then publicly opened
and read. Any bid received after closing time will be returned
unopened.
A pre -bid meeting is scheduled for 10:00 A.M., Wednesday, February
10, 2010 and will be conducted by the City. The location of the
meeting will be the Engineering Services Main Conference Room, 3rd
Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas. A site
visit will follow.
A bid bond in the amount of 5% of the highest amount bid must
accompany each proposal. Failure to provide the bid bond will
constitute a non - responsive proposal which will not be considered.
Failure to provide required performance and payment bonds for
contracts over $25,000.00 will result in forfeiture of the 5% bid
bond to the City as liquidated damages. Bidder's plan deposit is
subject to mandatory forfeiture to the City if bidding documents are
not returned to the City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fifty and no /100
Dollars ($50.00) as a guarantee of their return in good condition
within two weeks of bid date. Documents can be obtained by mail upon
receipt of an additional ($10.00) which is a non - refundable
postage /handling charge.
The bidder is hereby notified that the owner has ascertained the wage
rates which prevail in the locality in which this work is to be done
and that such wage scale is set out in the contract documents
obtainable at the office of the City Engineer and the Contractor
shall pay not less than the wage rates so shown for each craft or
type of "laborer," "workman," or "mechanic" employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion,
seems most advantageous to the City and in the best interest of the
public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Pete Anaya, P.E.
Director of Engineering Services
/s/ Armando Chapa
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 2009
A Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on
all certificates
Bodily Injury and Property Damage
PER OCCURRENCE / AGGREGATE
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY - -OWNED NON -OWNED
OR RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$500,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental
discharge; to include long -term
environmental impact for the disposal of
contaminants
$2,000,000 COMBINED SINGLE LIMIT
❑ REQUIRED
X NOT REQUIRED
BUILDERS' RISK
See Section B -6 -11 and Supplemental
Insurance Requirements
❑ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER
See Section B -6 -11 and Supplemental
Insurance Requirements
X REQUIRED
❑ NOT REQUIRED
Page 1 of 2
❑The City of Corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
❑The name of the project must be listed under "description of operations" on
each certificate of insurance.
❑For each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30) days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B -6 -11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 826 -3500.
Page 2 of 2
NOTICE TO CONTRACTORS
NOTICE TO CONTRACTORS - B
WORKER' S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 11
TITLE 28
PART 2
CHAPTER 110
SUBCHAPTER B
RULE §110.110
Texas Administrative Code
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
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, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project -- Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project 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 a self - insured, with the
commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure 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 personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A) -(H) of this paragraph, with the 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 a self - insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period -shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in 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 certificate's of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are -
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless 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
T28S110.110(c)(7)
Article . Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC -81, TWCC-
82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's /person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery 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 contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on aproject, 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 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall not& 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 verj
coverage and report lack of coverage.
1 The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current 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 certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(5) 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 knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division ofSelf-
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A - SPECIAL PROVISIONS
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT NO. 809008
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:00 p.m., Wednesday, February 17, 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: BID PROPOSAL - OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS; PROJECT NO. E09008
Any proposals not physically in possession of the City Secretary's Office at
the time and date of bid opening will be deemed late and non- responsive.
Late proposals will be returned unopened to the proposer. The proposer is
solely responsible for delivery to the City Secretary's Office. Delivery of
any proposal, by the proposer, their agent /representative, U.S. Mail, or
other delivery service, to any City address or office other than the City
Secretary's Office will be deemed non- responsive if not in possession of the
City Secretary's Office prior to the date and time of bid opening.
A pre -bid meeting is scheduled for 10:00 A.M., Wednesday, February 10, 2010
and will be conducted by the City. The location of the meeting will be the
Engineering Services Main Conference Room, 3rd Floor, City Hall, 1201 Leopard
Street, Corpus Christi, Texas. A site visit will follow.
No additional or separate visitations will be conducted by the City.
A -2 Definitions and Abbreviations
Section B -i of the General Provisions will govern.
A -3 Description of Project
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS;
Project No. 809008 consists of structural improvements for the support of the
catwalk structures at the West Aeration Basins, Oso Water Reclamation Plant.
Base Bid consists of furnishing and installing 47 steel single - column T-
supports (W- 10x39); at the locations shown on the drawings and including any
minor adjustments & field fitting necessary to accomplish the work in
accordance with the plans, specifications, and contract documents.
A -4 Method of Award
The bids will be evaluated based on the Total Base Bid, subject to the
availability of funding.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
Section A - SP
(Revised 12/15/04)
Page 1 of 24
A -5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5% Bid Bond (Must reference OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS; PROJECT NO. E09008; as identified
in the Proposal)
(A Cashier's Check, certified check, money order or bank draft from any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A -6 Time of Completion /Liquidated Damages
The working time for completion of the Project will be 240 calendar days.
The Contractor shall commence work within ten (10) calendar days after
receipt of written notice from the Director of Engineering Services or
designee ( "City Engineer ") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $500 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
Days Allocation for Rain:
The Contractor shall anticipate the following number of work days lost due to
rain in determining the contract schedule and for each stage of the contract.
A rain day is defined as any day in which the amount of rain measured is 0.50
inch or greater. No extension of time will be considered until the expected
number of rain days has been exceeded and the Engineer has agreed that the
status of construction was such that there was an impact detrimental to the
construction schedule.
MONTH
DAYS
MONTH
DAYS
January
3
Days
July
3
Days
February
3
Days
August
4
Days
March
2
Days
September
7
Days
April
3
Days
October
4
Days
May
4
Days
November
3
Days
June
4
Days
December
3
Days
A -7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Section A - SP
(Revised 12/15/04)
Page 2 of 24
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A -8 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 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
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. In caoc of conflict,
Contractor shall use higher wagc ratc.
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
hi-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 (l3) 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 an Sundays or holidays. (See
Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.)
Section A - SP
(Revised 12/15/04)
Page 3 of 24
A -11 Cooperatic® with Public Agencies (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 -eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
facility by using DIG TESS 1- 800 - 344 -8377, the Lone Star Notification Ccepany 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
Project Engineer
LNV Engineering
Dan S. Leyendecker, P.E.
Ramiro Munoz, III, P.E.
Traffic Engineering
Police Department
Water Department
Wastewater Department
Gas Department
Storm Water Department
Parks & Recreation Department
Streets & Solid Waste Services
AEP
S B C
City Street Div. for Traffic
Signal /Fiber Optic Locate
Cablevision
ACSI (Fiber Optic)
I<MC (Fiber Optic)
Choicecom (Fiber Optic)
CAPROCK (Fiber Optic)
Brooks Fiber Optic (MAN)
A -12 Maintenance of Services
826 -3500
883 -1984
826 -3540
886 -2600
826 -1881
826 -1800
885 -6900
826 -1875
826 -3461
826 -1940
299 -4833
881 -2511
826 -3547
857 -5000
887 -9200
813 -1124
881 -5767
512/935 -0958
972 - 753 -4355
(826 -3140 after hours)
(826 -3140 after hours)
(885 -6900 after hours)
(826 -3140 after hours)
(826 -1970 after hours)
(693 -9444 after hours)
(1 -800- 824- 4424,after hours)
(857 -5060 after hours)
(Pager 800 - 724 -3624)
(Pager 888- 204 -1679)
(Pager 850 -2981)
(Mobile)
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as -built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
Section A - SP
(Revised 12/15/04)
Page 4 of 24
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 (NOT USED)
sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
public. 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
document arc available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic control shall be paid for by the appropriate bid item
in the Proposal.
A -14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and /or
spilled materials going to or from the construction area. Hand labor and /or
mechanical equipment must be used where necessary to keep these roadways
clear of job - related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A -15 Excavation and Removals (NOT USED)
be filled with "el an" dirt. "Clean" dirt i
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
arass.
All existing concrete and asphalt within the limits of the Project must be
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation "; therefore, no el1Eeet payment will be made to Contractor.
A -16 Disposal /Salvage of Materials
Excess excavated material, broken
other unwanted material becomes the
removed from the site by the Con
considered subsidiary; therefore,
Contractor.
asphalt, concrete, broken culverts and
property of the Contractor and must be
tractor. The cost of all hauling is
no direct payment will be made to
Section A - SP
(Revised 12/15/04)
Page 5 of 24
A -17 Field Office
The Contractor must furnish the City Engineer or his representative with a
field office at the construction site. The field office must contain at least
120 square feet of useable space. The field office must be air - conditioned
and heated and must be furnished with an inclined table that measures at
least 30" x 60" and two (2) chairs. The Contractor shall move the field
office on the site as required by the City Engineer or his representative.
The field office must be furnished with a telephone (with 24 -hour per day
answering service) and FAX machine paid for by the Contractor. There is no
separate pay item for the field office.
A -18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
aummAR days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three (3) working days prior to the
pre- construction meeting.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to
the Pre - Construction Meeting an initial Construction Progress Schedule
for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re- Submission: Revise and resubmit as required by the City Engineer.
5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $500.00 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due to the Contractor the amount of liquidated damages due to the
City from the monthly pay estimate.
Days Allocation for Rain
The contractor shall anticipate the following number of work days lost due to rain
in determining the contract schedule for each part of the contract. A rain day is
defined as any day in which the amount of rain measured by the National Weather
Service 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
Section A - SP
(Revised 12/15/04)
Page 6 of 24
Completion shall be based on satisfactory work, completed, tested, in accordance
with the plan, specifications, and contract documents and connected to the
existing system, and accepted by the City for the entire project.
Certificate of Completion
The requirements to issue the Contractor a Certificate of Completion are the
following (Project Acceptance Procedures Check List):
(1) Final inspection (Contractor shall have red lined set ready to
submit to City with all corrections /notes- Engineering Services to
coordinate As -Built plan preparation with A/E Consultant).
(2) Inspector prepares final quantities, contractor evaluation form,
and project summary.
(3) Inspector /Engineer verifies that all submittals, payrolls,
Inspection Reports, As- Builts, O&M manuals (in electronic format
as required), SCADA documentation, and other Field Information
are complete.
(4) Contractor reviews and agrees to final quantities or differences
agreed upon by Contractor and Inspector.
(5) Final estimate reviewed by City Construction Engineer.
(6) City Construction Engineer submits to Engineering Administrative
Asst., the final estimate and Contractor evaluation form and
Project Acceptance Procedures Check List.
(7) Final payment checklist:
(a) Affidavit that all bills have been paid, "Waiver of
Lien"
(b) Submittal of all remaining payrolls
(c) Submittal of MBE letter on what Contractor has
actually subcontracted through end of project
(d) If CDBC project, all fcdcral forma completed and
aubmittcd
(8) Final Acceptance Memorandum prepared by Administrative Assistant
(9) Administrative Asst. reviews for completeness, funding
availability, prepares financial paperwork
(10) Administrative Asst. submits to director of Engineering
Services /Operating Department Head for approval and forwarding to
Asst. City Manager
(11) Final Acceptance memo returned from Asst. City Manager
(12) Authorization for payment (AFP) prepared and submitted to
Accounting Department
(13) Contractor receives final payment after City Council (if required
or Asst. City Manager accepts project.
(14) Administrative Asst. sends letter to Contractor informing him or
her when one -year warranty date begins (Acceptance Memorandum).
City acceptance of the project will be described in an Acceptance Memorandum
to the Contractor.
The warranty will begin on the date that the Acceptance Memorandum is issued
to the Contractor.
A -19 Construction Project Layout and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
Section A - SP
(Revised 12/15/04)
Page 7 of 24
The Contractor shall furnish all lines, slopes and measurements necessary for
control of the work.
If, during construction, it is necessary to disturb or destroy a control point or
bench mark, the Contractor shall provide the City or Consultant Project Engineer 48
hours notice so that alternate control points can be established by the City or
Consultant Project Engineer as necessary, at no cost to the Contractor. Control
points or bench marks damaged as a result of the Contractor's negligence will be
restored by the City or Consultant Project Engineer at the expense of the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and grade to
properly execute the work, the Contractor shall obtain approval of the City or
Consultant Project Engineer prior to deviation. If, in the opinion of the City or
Consultant Project Engineer, the required deviation would necessitate a revision to
the drawings, the Contractor shall provide supporting measurements as required for
the City or Consultant Project Engineer to revise the drawings.
proposed, for the purpooc of adjusting valvco and manholes at the completion of the
Also, the City or Consultant Project Engineer may require that the
Contractor furnish a maximum of two (2) personnel for the purpose of assisting the
measuring of the completed work.
The Contractor shall provide the following certification for documentation and
ve*fication of compliance with the Contract Documents, plane and specification.
independent Registered Profcaaional Land Curvcy ( R.P.L.S.) licensed in the state of
Tcxaa retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved
,Surveyor and certify compliance to any regulatory permits.
Strccto:
• Curb and gutter flow line both aide° of otrcct on a 200' interval;
Wastewater:
• All intcraccting lines in manholes;
Water:
• All top of valves box;
• Valves vaults rim;
• Casing elevations (top of pipe and flow line) (TXDOT and RR permito).
Stormwatcr:
A -20 Testing and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
Section A - SP
(Revised 12/15/04)
Page 8 of 24
A -21 Project Signs (NOT USED)
following drawing°. (Attachment I) The, oigno muot be inotalled before
conotruction begins and will be maintained throughout the Project period by
the Contractor. The location of the signs will be determined in the field by
the City Engineer.
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican - Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and /or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0W 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 51.0W 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).
Section A - SP
(Revised 12/15/04)
Page 9 of 24
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 50.0% interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 % 15 %
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Section A - SP
(Revised 12/15/04)
Page 10 of 24
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi- weekly payrolls in a timely fashion or to submit overall
participation information as required.
A -23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection. aftcr the building is
completed and ready for occupancy. Contractor must obtain the Certificate of
Occupancy, whcn applicablc. Section B -6 -2 of the General Provisions is hereby
amended in that the Contractor must pay all fees and charges levied by the
City's Building Inspection Department, and all other City fees, including
water /wastewater meter fees and tap fees as required by City.
A -24 Surety Bonds
Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10 %) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10 %) of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10 %) 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)
Section B 6 22, Tax Exemption Provision, is deleted in its entirety and the
Contracts for improvements to real property awarded by the City of. Corpus
Christi do not qualify for exemptions of Cales, Excise, and Usc Taxes unless
the Contractor elects to operate tinder a separated contract as defined by
Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of
Section A - SP
(Revised 12/15/04)
Page 11 of 24
7
thc Texas Administrative Code, er ouch othcr rules or regulations as may be
promulgated by thc Comptroller of Public Accounts of Texas.
If the Contractor elects to eperate under a separated contract, he shall.
1. Obtain thc necessary sales tax permits from thc State Comptroller.
2. Identify in thc appropriate space on the "Statement of Materials and
Other Charges" in thc proposal form the cost of materials physi ally
incorporated into the Projcct.
1. Provide thc City with copies of material invoices to substantiate the
proposal value of materials.
must pay for all Sales, Excise, and Use Taxes applicable to this Project.
Subcontractors arc eligible for sales tax exemptions if the subcontractor
also complies with the above requirements. The Contractor must issue a
resale certificate to the subc ntractor and the subcontractor, in turn,
issues a resale certificate to his supplier.
A -26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B -6 -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
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 12/15/04)
Page 12 of 24
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
Paragraph (a) General Liability of Section B -6 -11 of the General Provisions
is amended to include:
Contractor must provide Installation Floater insurance coverage for the
term of the Contract up to and including the date the City finally
accepts the Project or work. Installation Floater coverage must be an
"All Risk" form. Contractor must pay all costs necessary to procure such
Installation Floater insurance coverage, including any deductible. The
City must be named additional insured on any policies providing such
insurance coverage.
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:
Section A - SP
(Revised 12/15/04)
Page 13 of 24
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close -out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a 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.
b. 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.
Section A - SP
(Revised 12/15/04)
Page 14 of 24
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the .
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B -7 -13;
7. A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre- construction conference;
8. Documentation required pursuant to the Special Provisions A -28 and A -29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documcntation as rcquircd by Special Provision A 35 K, if applicablc.
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.
Section A - SP
(Revised 12/15/04)
Page 15 of 24
A -34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
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.
(NOT USED)
Prior to performing work at any City water facility, the
at a Visitor /Contractor Cafcty Orientation Program conducted by the
City Water Department Personnel. A Visitor /Contractor Safety
Orientation Program will be offered by authorized City Water
Department personnel for those persons who do not have such a card,
related to City water facility at any time. All such items must be
operated by an operator or other authorized maintenance employee of
the City Water Department.
C. Protection of Water Quality
all times. The Contractor shall protect the quality of the water
in the job site and shall coordinate its work with the City Water
D. Conformity with ANSI /NSF Standard 61
All materials and equipment used in the repair, reassembly,
CI /NCF) Standard Cl as described in the
,Standard Specifications.
thread compounds, coatings, or hydraulic equipment. These items
personnel immediately prior to usc.
Section A - SP
(Revised 12/15/04)
Page 16 of 24
proof of ANSI /NCF Ctandard 61 approval fer all materials which
could come into contact with potable water.
All trash generated by the Contractor or his employees,
subcontractors, m&wt be containcd at all times at
facility site. Blowing trash will not be allowed. The
shall keep werk areas clean at all times and remove
dais
agents, or
the water
Contractor
all trash
F. Contractor's personnel must w ar colored uniform overalls other
than orange, blue, or white. Each employee uniform must providc
company name and individual cmploycc idcntification.
C. Contractor shall provide telephones for Contractor personnel.
Plant tcicphonco arc not available for Cen-trae-tor ue-e.
H. Working hours will be 7:00 A.M. to 5:00 r.M., Monday thru Friday.
I. Contractor must not use any City facility restrooms. Contractor
must provide own sanitary facilities.
J. All Contractor vehicles must be parked at designated site, as
designated by City Water Department staff. All Contractor vehicles
must be clearly labeled with company name. No private employee
vehicles are allowed at O. N. Stevens Water Treatment Plant. All
personnel must be in company vehicles. During working hours,
contractor employees must not leave the designated construction
area nor wander through any buildings other than for required work
or as directed by City Water Department personnel during emergency
K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA
ACQUISITION)
as determined by meeting the qualifieatiene 1 thru 9 below. This
work includes, but is not limited to, modifications, additions,
changes, selections, furnishing, installing, connecting,
programming, customizing, debugging, calibrating, or placing in
operation all hardware and /or software specified or required by
these specifications.
The Contractor or his subcontractor proposing to perform the SCADA
1.
Iie is regularly engaged in the computer based monitoring
and control system business, preferably as applied to the
municipal water and wastewater industry.
2. He has performed work on systems of comparable size, type,
and complexity as required in this Contract on at least
three prior projects.
herein for at least 5 years.
Section A - SP
(Revised 12/15/04)
Page 17 of 24
4 .
Systems Engineer, or an Electrical Engineer to supervise or
perform thc work required by this specifications.
5. He employs personnel on this Project who have successfully
se is eonf figuring
and implementing thc -specific computers, RTUS's, and
software proposed for thc Contract.
6. He maintains a permanent, fully staffed and equipped
service facility within 100 miles of the Project site to
maintain, repair, alibrate, and program the systems
specified herein.
7. He shall furnish equipment which is thc product of one
not practical, all equipment of a given type will be the
product of one manufacturer.
8. Prior performance at the O. N. Stevens Water Treatment
Plant will be used in evaluating which Contractor or
subcontractor programs the new work for this Project.
9. The Contractor shall produce all filled out programming
blocks required to show the programming ao needed and
required, to add these two systems to the existing City
CCADA system. Attached is an example of the required
programming blocks which the City requires to be filled in
and given to the City Engineer with all changes made during
the programming phase. The attached sheet is an example and
is not intended to show all of the required sheets. The
Contractor will provide all programming blocks used.
L. Trenching Requirements
All trenching for this project at the O. N. Stevens Water Treatment
shall be allowed on the project.
A -36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
Section A - SP
(Revised 12/15/04)
Page 18 of 24
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g•
Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
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.
J. •
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on -site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED
Under "Cencral Provisions and Requirements for Municipal Construction Contracts ", B
Conservation and Drought Contingency Plan as amended (the "Plan "). This
includes implementing water conservation measures established for changing
conditions. The City Engineer will provide a copy of thc Plan to C ntractor at
thc prc construction meeting. The Contractor will keep a copy of the Plan on
the Project site throughout construction."
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)
constitute final acceptance of the improvements under Cenral Provision B 8
4,
Section A - SP
(Revised 12/15/04)
Page 19 of 24
A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED)
Ccncral Provisions and Requirements for Municipal Censtr- uetion Contracts
Section B 8 C: 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 worksitc unless the Contractor provides the City Engineer with
A -41 Ozone Advisory NOT USED
Priming and hot mix paving operations must not be conducted on days for which
an ozone advisory has been issued, except for repairs. The City Engineer will
the day will not be counted as a work day and the
compensated at the unit price indicated in the proposal.
A -42 OSHA Rules & Regulations
Contractor
will
be
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA rules and regulations while performing any and all City - related projects
and or jobs.
A -43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, material man, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
material man, or their officials, employees, agents, or consultants.
The contractor shall 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 material man.
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.
Section A - SP
(Revised 12/15/04)
Page 20 of 24
(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.
A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED
The Contractor shall be responsible for thc disposal of water uocd for
testing, disinfection and line flushing in an approved manncr. Contaminants
in thc water, particularly high levels of chlorine, will be used for
disinfection, and may exceed the permissible limits for discharge into
wetlands or environmentally sensitive areas. These are regulated by numerous
all water used in the project. The methods of disposal shall be submitted to
the City for approval. There shall be no separate pay for disposal of highly
for disposal of contaminated water.
A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED
Prior to any construction whatever on the project, Contractor shall excavate
and expose all existing pipelines of the project that cross within 20 feet of
proposed pipelines of the project and Contractor shall survey the exact
vertical and horizontal location of each crossing and potentially conflicting
pipeline.
For existing pipclincs which parallel and arc within ton feet (10') of
proposed pipelines of the project, Contractor shall excavate and expose said
the accurate horizontal and vertical locations of said parallel pipelines at
300 feet maximum O.C.
indicating the Owner of pipelines cx avatcd and surveyed, as well as the
approximate station thereof, distance to the pavement centerline and
elevations of the top of existing pipelines.
Exploratory excavations shall be paid for on a lump sum basis. Any pavement
repair associated with exploratory excavations shall be paid for according to
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,
Section A - SP
(Revised 12/15/04)
Page 21 of 24
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP &L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A -49 Amended "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts ", B -8 -ll Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A -50 Amended Prosecution and Progress
Under "General Provisions and Requirements for Municipal Construction
Contracts ", B -7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract. If the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization /remobilization costs. Such costs shall be addressed
through a change order to the contract."
A -51 Confined Space Entry Requirements
Contractor will be required to comply with all OSHA regulations and
guidelines as pertaining to identification and classification of confined
spaces, and associated requirements for entry into these areas, including
compliance with OSHA Regulation (Standard 29 CFR) Permit Required Confined
Spaces 1910.146. All personnel entering confined spaces shall be properly
trained and certified. At any time, upon demand, the Contractor shall supply
the engineer with this certification information of any /all personnel who are
doing confined space entry work.
A -52 Errors and Omissions
The Contractor shall carefully check these specifications and the contract
drawings and report to the Engineer any errors or omissions discovered,
whereupon full instructions will be furnished promptly by the Engineer. If
errors or omissions are so discovered and reported before the work to which
they pertain is constructed and if correction of such errors or omissions
causes an increase in the Contractor's cost, the Contractor shall be
compensated for such increase in cost as provided elsewhere.
The Contractor shall bear the expense of correction any errors and omissions
on the drawings or specifications, which are not discovered or reported by
the Contractor prior to construction and which, in the opinion of the
Engineer, could have been discovered by reasonable diligence on the part of
Section A - SP
(Revised 12/15/04)
Page 22 of 24
the Contractor. It is the intent of this Contract that all work must be done
and all material must be furnished in accordance with generally accepted
practice. Further, it is the intent of the Contract Documents that the
Contractor shall perform all work to complete the project ready for.. its
intended use.
A -53 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, the Contractor shall erect screens or barriers effective in
reducing noise in the building and shall conduct his operations to avoid
unnecessary noise which might interfere with the activities of occupants.
A -54 Dust Control
Contractor shall take reasonable measures to prevent unnecessary dust. Earth
surfaces subject to dusting shall be kept moist with water or by application
of a chemical dust suppressant. When practicable, dusty materials in piles
or in transit shall be covered to prevent blowing dust.
Buildings or operating facilities which may be affected adversely by dust
shall be adequately protected from dust. Existing or new machinery, motors,
instrument panels, or similar equipment shall be protected by suitable dust
screens. Proper ventilation shall be included with dust screens.
A -55 Electronic Submittal of Bids
The following paragraph modifies B -2 -7 Preparation of Proposal, of the
General Provisions:
"The bidder has the option of submitting a computer - generated print -out,
in lieu of, the Proposal (SHEET 3), INCLUSIVE. The print -out will list
all bid items (including any additive or deductive alternates) contained
on Proposal Sheet 3. If the Contractor chooses to submit a print -out,
the print -out shall be accompanied by properly completed proposal pages
1, 2, 4, 5, and 6. A sample print -out is shown in Attachment 1. In
addition, the print -out will contain the following statement and
signature, after the last bid item:
(Contractor) herewith
certifies that the unit prices shown on this print -out for bid items
(including any additive or deductive alternates) contained in this
proposal are the unit prices and no other Information from print -out.
(Contractor)
acknowledges and agrees that the Total Bid Amount shown will be read as
Its Total Bid and further agrees that the official Total Bid amount will
be determined by multiplying the unit bid price (Column IV) shown in
this print -out by the respective estimated quantities shown in the
Proposal (Column II) and then totaling the extended amounts.
(Signature)
(Title)
(Date)
Section A - SP
(Revised 12/15/04)
Page 23 of 24
SUBMITTAL TRANSMITTAL FORM
PROJECT: OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL
IMPROVEMENT$; PROJECT NO. E09008
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: LNV ENGINEERING, RAMIRO MUNOZ, III, P.E.
CONTRACTOR:
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 24 of 24
SAMPLE
COMPUTER PRINT - OUT
PROJECT TITLE
DATE
(YOUR COMPANY'S NAME HERE)
I
I1
III
IV
V
Bid Item
Qty. Units
Item Description
Unit Price In
Figures
Bid Item Ext.
Qty x Unit
Price
Al
34475 SY
Street Excavation
$ -
$ -
A2
5,033 SY
6" Cement Stabilized Salvaged Base
A3
etc.
etc.
etc.
Sub -Total Base Bid "A" Items (Items Al A21):
Sub -Total Base Bid "B" Items (Items B1 -B21):
Sub -Total Base Bid "C" Items (Items C1 -C21):
Sub -Total Base Bid "D" Items (ItemsDl -D21):
Total Base Bid:
ATTACHMENT 1
PART B - GENERAL PROVISIONS
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONS tUCTION CONTRACTS
Table of Contents
PAGE
B -1 Definitions and Abbreviations
B -1 -1 Definition of Terms 1
B -1 -2 Abbreviations 3
B -2 Proposal Requirements and Conditions
B -2 -1 Proposal Forms 4
B -2 -2 Quantities in Proposal Forms 4
B -2 -3 Examination of Plans, Specifications, and Site of the Work 4
B -2 -4 Forms, Plans and Specifications 4
B -2 -5 Addenda 4
13-2 -6 Pre -Bid Conference 5
B -2 -7 Preparation of Proposal 5
B -2 -8 Proposal Guaranty 5
B -2 -9 Filing of Proposal 5
8 -2 -10 Withdrawing Proposals 5
B -2 -11 Cancellation of Bid Opening 6
B -2 -12 Opening Proposals 6
B -2 -13 Irregular Proposals 6
B -2 -14 Rejection of Proposals 6
8-2 -15 Disqualification of Bidders 6
B -2 -16 Disclosure of Interests 6
B -3 Award and Execution of Contract
B -3 -1 Consideration of Contract 7
B -3 -2 Award of Contract 7
B -3 -3 Equal Opportunity Employer Provisions 7
13-3 -4 Surety Bonds 8
B -3 -5 Execution of Contract 8
B -3 -6 Failure to Execute Contract 8
B -4 Scope of Work
• B-.4-1 Intent of Plans and Specifications 9
• B -4 -2 *Subsidiary Work 9
B -4 -3 Increased or Decreased Quantities of Work 9
B -4 -4 Alteration of.Plans and Specifications 10
. B -4 -5 Value Engineering Incentive Procedures 10
.0B -4 -6 Extra Work 11
B -5. Control of the Work and Materials
11-5 -1 Authority of the City Engineer 11
B -5 -2 Authority of Duty of Engineers or Inspectors 11
8 -5-3 Conformity with Plans 11
B -5 -4 Existing Structures 11
B -5 -5 Coordination of Plans, Specifications, Proposal
& Special Provision - 12
B -5 -6 Cooperation of Contractor 12
.8 -5 -7 Construction Staking 12
8-5 -8 Source of Supply of Materials 13
8 -5 -9 Samples and Tests of Materials 13
•B -5 -10 "Or Equal" Clause 13
B -5 -11 Storage of Materials 13
B -5 -12 Removal of Defective and Unauthorized Work 13
8 -5 -13 Final Inspection 14
B -5 -14 Warranty Inspection 14
TABLE.OF CONTENTS /PAGE 1 OF 2
(rev. Nov /94)
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
CITY OF CORPUS CHRISTI, TEXAS
8 -1 DEFINITIONS AND ABBREVIATIONS:
B -1 -1 Definition of Terms:
Wherever the words, forms or phrases defined herein or pronouns used in their
place occur in these specifications, in the contract, in the bonds, in the
advertisement or any other documents or instrument herein contemplated, or to
which these specifications apply or may apply, the intent and meaning shall be
interpreted as follows:
Advertisement: All of the legal publications pertaining to the work
contemplated or under contract.
Bidder: Any person, persons, partnership, company, firm, association,
corporation, or joint venture acting directly or through a duly authorized
representative submitting a proposal for work contemplated.
City: The City of Corpus Christi, Texas, a municipal corporation, acting by
and through (a) its governing body or (b) its City Manager, each of whom is
required by Charter to perform specific duties. Responsibility for final
'enforcement of contracts involving the City of Corpus Christi is, by Charter,
vested in the City Manager.
City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly
authorized assistants or agents.
City Council: The Council of the City of Corpus Christi, Texas.
City Engineer: The Head of the Department of Engineering Services of the City
of Corpus Christi, Texas.
City Manager: The Manager of the City of Corpus Christi, Texas.
City Secretary: The City Secretary of the City of Corpus Christi, Texas, or
duly authorized assistants or agents.
Contract: •The written agreement covering the performance of the work. The
contract includes the advertisement; proposal; specifications, including special
provisions; plans or working drawings; any supplemental changes or agreements
pertaining to the work or materials therefor, and bonds.
Contract Time: The number of calendar days or working days allowed for
completion of the contract, including any authorized time extensions.
• (a) Calendar Dav: A calendar day is defined as any day shown on the calendar -
beginning and ending at midnight.
(b) Working Day: a working day is defined as a calendar day, not including
Sundays or legal holidays, in which the weather or other conditions affecting the
site, not under the control of the Contractor, will in the judgement of the
Engineer permit the performance of some substantial unit of work for a
substantially continuous period of time of not less than six (6) hours between
7 a.m. and 6 p.m., or during such other hours of the day as the Contractor does
in fact work with the permission of the Engineer as elsewhere provided.
Each calendar day, not including Sundays or legal holidays, in which the
Contractor carries on work on some unit of the contract for a period of more than.
six (6) hours shall be charged as one (1) working day, regardless of the number
of hours worked in excess of the (6) hour minimum. Saturday will not be charged
(rev. Nov /94)
PAGE 1 OF 28
Specifications:-The directions, provisions, and requirements contained herein,
together with the special provisions supplemental hereto, pertaining to the
method and manner of performing the work or to the qualities or quantities of the
material to be furnished under the contract.
Sureties: The corporate bodies which are bound by such bonds as are required
with and for the Contractor.
The Work: All work, including the furnishing of labor, materials, tools,
equipment, and incidentals, to be performed by the Contractor under the terms of
the contract.
B -1 -2 Abbreviations:
Wherever the abbreviations defined herein occur on the plans, in the
specifications, contract, bonds, advertisement, proposal, or in any other
document or instrument herein contemplated or to which the specifications apply
or m
A.A.S.H.T.O.
American Association of State Highway and
H.S.
Horseshoe
Transportation Officials
In. or •
Inches
Ac.
Acre
Lb. or #
Pound
A.C.
Asbestos Cement
L.F.
Linear Foot
A.C.I.
American Concrete Institute
Lin.
Linear
A.N.S.I.
American National Standards Institute
L.S.
Lump Sum
Asph.
Asphalt
Max.
Maximum
A.S.T.M.
American Society for Testing Materials
M.H.
Manhole
Ave.
Avenue
Min.
Minimum
A.W.P.A.
American Wood Preservers Association
Mono.
Monolithic
A.W.S.
American Welding Society
M.U.T.C.D.
Manual of Uniform
A.W.W.A.
American Water Works Association
Traffic Control
Blvd.
Boulevard
Devices
C.F.
Cubic Foot
N.
North
C.I.
Cast Iron
No.
Number
C.L.
Center Line
%
Percent
C.M.P.
Corrugated Metal Pipe
P.L.
Property Line
C.O.
Cleanout
Prop.
Proposed or Properly
Conc.
Concrete
P.V.C.
Poly Vinyl Chloride
Cord.
Conduit
R.
Radius
Corr.
Comtgated
R.C.P.
Reinforced Concrete Pipe
C.P.& L.
Central Power & Light Company
Reinf.
Reinforced
Cu.
Cubic
Rem.
Remove
Culy.
Culvert
Rep.
Replace
C.Y.
Cubic Yard
R.R.
Railroad
D.I.
Ductile Iron
R/W or ROW
Right -of -Way
Dia.
Diameter
S.
South
Dr. or Dwy
Drive or Driveway
San.
Sanitary
E.
East
S.F.
Square Foot
Ea.
Each
Sq.
Square
Elev.
Elevation
St.
Street or Storm
Exist.
Existing
Std.
Standard
F.
Fahrenheit
S.Y.
Square yard
F.L.
Flow Line
T.C.
Top of Curb
Ft. or '
Feet
Tel.
Telephone
Gal.
Gallon
V.F.
Vertical Foot
G.L.
Gutter Line
W
West
G.P.M.
Gallons per Minute
W.U.T.
Western Union Telegraph
H.N.G.
Houston Natural Gas Co.
Yd.
Yard
Metrics:
cm
Centimeter
m
Meter
gm
Gram
mgm
Milligram
kgm
km
Kilogram
Kilometer
mm
Millimeter
Other abbreviations chat may appear shall have the meatttng cusrotnanly mtctded to such usage. cuamstances. and eontezt.
(rev. Nov /94)
PAGE 3 OF 28
B -2 -6 Pre -Bid Conference:
Any prospective bidder may request a pre -bid conference to discuss the plans,
specifications, and proposal. If such a conference is requested, it will be held
approximately one week prior to the bid opening. Each prospective bidder who has
furnished the Plans Deposit required by the Notice to Bidders will be notified
of the date, time, and location of the pre -bid conference. Any clarification to
the contract documents deemed necessary as a result of the pre -bid conference
will be made by written addenda.
B -2 -7 Preparation of Proposal:
The bidder shall submit his proposal on the forms furnished by the City. All
blank spaces in the forms shall be correctly filled in, and the bidder shall
state the prices, written in ink, for which he proposes to do the work
contemplated or furnish the material required; the unit prices shall be written
both in words and numerals. Such prices shall be written distinctly legible. In
case of discrepancy between the unit price written in words and the unit price
written in figures, the unit price written in words shall govern. The unit price
shall govern over the. amount. If.the proposal is submitted by an individual; his
name must be signed by him•or his duly authorized agent. If the proposal is
submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm,
association, or partnership, or person duly authorized. If the proposal is
submitted by a company or corporation, the. company or corporate name and business
address must be given and the proposal.. signed by an official or duly authorized
agent. Proposals submitted by,a joint venture shall list all participants and
their addresses. Powers of attorney, authorizing agents or others to sign
proposals, must be properly certified and must be in writing and submitted with
the proposal.
B -2 -8 Proposal Guaranty:
No proposal will be considered unless accompanied by an individual bid security
(bond) for the project in the amount of five percent (5W) of the highest amount
bid. Such bid security shall be issued by a firm licensed for issuance in the
State of Texas. A cashier's check, certified check, money order, or bank draft
from any state or national bank will also be acceptable. The security shall be
deemed a good faith offer on the part of the bidder to accept a contract, if
awarded. In the event the successful bidder declines to accept such award or
cannot provide the required bonds and insurance certificates within ten (10)
calendar days of the award of the contract, then the amount of the bid security
will become the property of the City, not as penalty but as liquidated damages.
The bid securities of the unsuccessful bidders may be released within forty -
eight (48) hours of the time bids are received. The bid security of the
successful bidder will be released upon execution of the contract documents and
submission of the required bonds and certificates.
B -2 -9 Filing of Proposal:
No proposal will be considered unless it is filed with the City Secretary's
office in the City Hall, Corpus Christi, Texas, within the time limit for
-receiving proposals as stated in the advertisement. Each proposal shall be in
a sealed envelope, plainly marked with the word "PROPOSAL" and the name and
description of the project as designated in the "ADVERTISEMENT ".
B -2 -10 Withdrawing Proposals:
Proposals filed with the City Secretary cannot be withdrawn or modified prior
to the time set for opening proposals. Request for non - consideration of
proposals must be made in writing addressed to the City Engineer and filed with
the City Secretary prior to the time set opening proposals. After other
proposals are opened and publicly read, the proposal for which withdrawal is
properly requested may be returned unopened.
(rev. Nov /94)
PAGE 5 OF 28
proposal. The successful bidder shall be required to submit the form within
seven (7) calendar days of the receipt of bids. The City also reserves the right
to require similar statements from all material suppliers and subcontractors of
the successful bidder.
B -3 AWARD AND EXECUTION OF CONTRACT:
B -3 -1 Consideration of Contract:
After proposals are opened, the proposals
the basis of the bid prices and quantities
award of the contract, the City reserves the
or proceed to do the work otherwise in the
will be tabulated for comparison on
shown in the proposal. Until final
right to reject any or all proposals
best interest of the City.
B -3 -2 Award of Contract:
The City reserves the right to withhold the award of the contract for a
reasonable period of time from date of opening proposals, and no award will be
made until after investigations are made as to the responsibilities of the low
bidder. In the City's considering of an award, the bidder may requested to
submit statements regarding previous experience in performing comparable or
similar work, his business or technical organization and equipment to help the
City evaluate the bidder's abilities. The basis for an award will be determined
by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous
to the City and not necessarily the lowest bidder. In no case will a contract
be awarded until at least forty -eight (4B) -hours shall have elapsed from the time
of opening proposals.
B -3 -3 Equal Opportunity Employer Provisions:
. Every Contractor must agree that during the performance of his contract he
will:
(1) Treat all applicants and employees without discrimination as to race,
color, religion, sex, or national origin.
(2) Identify himself as an equal opportunity employer in all help wanted
advertising or requests.
The Contractor is hereby advised that any complaints filed with the City
alleging that a Contractor is not an equal opportunity employer during the six
months preceding the date of receipt of bids will be referred to the Human
Relations Commission through its Human Relations Administrator for the purpose
of review and recommendations. The report of the Human Relations Commission will
be transmitted to the City Engineer who will include a summary of such report
with any future bid award recommendations for which the Contractor is a bidder
and bring to the attention of the City Council any such report received prior to
the issuance of a work order to any such Contractor. A copy of this report shall
be sent to the Contractor. The Human Relations Administrator will follow up any
such report and bring to the attention of the Commission any further action by
the Contractor which would include that the findings of the Commission should be
modified. Any such modified findings of the Commission will be delivered to the
City Engineer with a copy to the Contractor and be included in any future bid
award recommendations.
The City Council reserves the right to consider such reports in determining the
best bid and to terminate, on the basis of such report, any portion of a contract
for which a work order has not been issued. However, the Contractor is
specifically advised that no equal opportunity employment complaint will be the
basis for cancellation of any contract for which a work order has been issued.
(rev. Nov /94)
PAGE 7 OF 28
B -3 -6 Failure to Execute Contract:
The failure of the bidder to execute the required bonds, furnish the required
insurance certificates, and sign the required contract within ten (10) calendar
days after the contract is awarded and the Contractor has been requested to
execute the documents shall be considered by the City as an abandonment of his
proposal, and the City may annul the award. By reason of the uncertainty of the
market prices of materials and labor and its being impracticable and difficult
to determine accurately the amount of damages accruing the City by reason of the
said bidder's failure to execute said bonds and contract within ten (10) calendar
days, the proposal guaranty accompanying the proposal shall be the agreed amount
of damages which the City will suffer by reason of such failure on part of the
bidder and shall thereupon immediately be forfeited to the City. The filing of
a proposal will be considered an acceptance of this provision.
B -4 SCOPE OF WORK:
B -4 -1 Intent of Plans and Specifications:
The intent of the plans and specifications is to prescribe a complete work or
improvement which the Contractor undertakes to do in full compliance with the
plans, specifications, special provisions, proposal, and contract. The
Contractor shall do all work as provided in the plans, specifications, special
provisions, proposal and contract, and shall do such additional extra work as may
be considered necessary to complete the work in a satisfactory and acceptable
manner. The Contractor shall furnish all labor, tools, material, machinery,
equipment and incidentals necessary for the prosecution of the work.
B -4 -2 Subsidiary Work:
In the course:of furnishing or constructing a complete work or improvement,
certain work may be necessary which is subsidiary to the items which are
established as pay items. Some such..subsidiary work may be shown and specified
in detail in the plans and specifications, other work may be less completely
shown, and other such work which is entirely necessary for the satisfactory
completion of the work as a whole may not be noted on the plans or in the
specifications. It shall be the duty of the Contractor to carry out all such
subsidiary work as if fully shown,. and the cost of such work shall be evade
subsidiary to the established pay item.
B -4 -3 Increased or Decreased Quantities of Work:
(a) The City reserves the right to alter the quantities of the work to be
performed or to extend or shorten the improvements at any time when and as found
necessary, and the Contractor shall perform the work as altered. No allowance
will be made for any change in anticipated profits not shall such changes be
considered as waiving or invalidating any conditions or provisions of the
contract or bonds.
(b) A Major Item as used in:.this Section shall be construed to be any
individual bit item included in the proposal that has a total cost equal to or
greater than five percent (S %) of the total contract cost computed on the basis
of the proposal quantities and the contract unit prices.
(c) When the quantity of work to be done or of materials to be furnished under
any Major Item of the contract is more than one hundred twenty -five (1250 of the
quantity of that unit stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on that portion of the
work above one hundred twenty -five percent (125 %) of the quantity stated in the
proposal.
(d) When the quantity of work done or materials to be furnished under any
Major Item of the contract is less than seventy -five percent (75 %) of the
quantity of that item stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on the work performed.
(rev. Nov /94)
PAGE 9 OF 28
B -4 -6 Extra Work:
When additional work not shown in the plans and specifications or reasonably
inferred as subsidiary work or as normal adaptation to existing conditions is
required, the Contractor shall do such work when ordered in writing by the
Engineer. Payment for such extra work will be made as hereinafter provided.
B -5 CONTROL OF THE WORK AND MATERIALS:
B -5 -1 Authority of the City Engineer:
All work shall be performed under the supervision of the City Engineer in a
workmanlike manner and to his satisfaction. He shall decide all questions which
arise as to the quality and acceptability of materials furnished, work performed,
manner of performance, rate of progress of the work, sequence of the
construction, interpretation of the plans and specifications, acceptable
fulfillment of the contract, compensation,mutual rights between Contractors under
these specifications and suspension of the work. He shall determine the amount
and quality of the work performed and materials furnished, and his decisions and
estimates shall be final. His estimate in such event shall be a condition
precedent to the right of the Contractor to receive money due him under.the
contract.
B -5 -2 Authority and Duty of Engineers or Inspectors:
..The City Engineer may appoint Engineers and /or Inspectors as assistants to
inspect all work done. and material furnished. Such inspection may extend to all
or any part of the work and to the preparation, fabrication or manufacture of the
materials to be used. The Engineer or Inspector will not be authorized to
revoke, alter, expand, relax, or waive any requirements of the contract
documents. The Engineer or Inspector will keep a record of the progress of the
work and the manner in which it is being performed and inform the City Engineer
of same. He is authorized to call to the attention of the Contractor any
deficiency of the work or of materials to conform to the contract documents;
however, failure to do so shall not constitute acceptance of said work. The
Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed was in accordance with the
requirements and intent of the plans and specifications.
The Engineer or Inspector shall in no case act as foreman or supervisor or
perform other duties for the Contractor nor interfere with the management of the
work by the latter. Any advice which the Engineer or Inspector may give the
Contractor shall in no way be construed as binding to the City or release the
Contractor from fulfilling all the terms of the contract.
The Engineer or Inspector shall have the authority to reject materials or
suspend the work until any questions at issue can be referred to and decided by
the City Engineer. If the. Contractor refuses to suspend operations on verbal
order, the Engineer or Inspector shall issue a written order giving the reason
for suspending the work. After delivering the order to.the person in charge, the
Engineer or Inspector shall immediately leave the job site. Work done during the
absence of the Engineer or Inspector under these circumstances will not be
accepted or paid for.
B -5 -3 Conformity with Plans:
All work shall conform to the lines, grades, cross - sections, and dimensions
shown on the plans. Any deviation from the plans which may be required by the
exigencies of construction will be determined by the City Engineer and authorized
by him in writing.
B -5 -4 Existing Structures:
The plans show the location of all known surface and subsurface structures.
However, the location of many gas mains, water mains, conduits, sewers. etc. is
(rev. Nov /94)
PAGE 11 OF 28
B -5 -8 Source of Supply of Materials:
The materials shall be the best procurable as required by the plans,
specifications, and special provisions. The Contractor shall not start delivery
of materials until the Engineer has approved the source of supply. Only material
conforming to these specifications shall be used only after written approval has
been given by the Engineer, and only so long as the quality of said materials
remains equal to the requirements of the specifications. The Contractor shall
furnish approved materials from other sources if for any reason the product from
any source at any time before commencement or during the prosecution of the work
proves unacceptable. After approval, any material which has become mixed with
or coated with dirt or any other foreign substances during its delivery and
handling will not be permitted to be used in the work. New material is required
unless otherwise specially provided in the plans and specifications.
B -5 -9 Samples and Tests of Materials:
Where, in the opinion of the Engineer or as called for in the specifications,
tests of material are necessary, such tests will be made at the expense of the
City unless otherwise provided. The failure of the City to make any tests of
materials shall in no way relieve the Contractor of his responsibility of
furnishing materials conforming to the specifications. Tests, unless otherwise
specified, will be made in accordance with the latest methods of the American
Society for Testing Materials. The Contractor shall provide such facilities as
the Engineer may require for collecting and forwarding samples and shall not use
the materials represented by the samples until tests have been made. The
Contractor shall furnish adequate samples without charge.
B -5 -10 "Or Equal" Clause:
All bids shall be based on the specified products. Where two or more products
are specified for an item of work, either one thereof is acceptable and the
choice is left to the Contractor. Where only one product is specified, and where
the term "or approved equal "or similar wording is used in connection with
specified products, the Contractor may, if he so desires, offer for consideration
a substitute product which he judges to be equal in every respect to the required
product. When a specific process is specified as well as a guarantee of the
results, the Contractor shall. if in his judgement the process may not produce
the required result, offer for approval an alternative process which he would
guarantee. All such offers shall be made in writing to the Engineer after award
of contract.
The Contractor shall furnish to the Engineer with the first submittal
sufficient drawings, specifications, samples, performance data, and other
information necessary to assist the Engineer in determining whether the proposed
substitution is acceptable. The burden of proof shall be upon the Contractor.
No consideration will be given to incomplete submittals. Substitutions must be
approved in writing before they may be used.
B -5 -11 Storage of Materials:
Materials shall be stored so as to insure the preservation of their quality and
fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard clean surfaces and not on the ground, and shall
be placed under cover when directed. Stored materials shall be placed and
located so as to facilitate prompt inspection. Particular attention is directed
to the storage or structural steel and reinforcing steel, which shall not be
stored on the ground.
B -5 -12 Removal of Defective and Unauthorized Work:
All work which has been rejected or condemned shall be repaired, or if it
cannot be repaired satisfactorily, it shall be removed and replaced at the
Contractor's expense. Defective materials shall be immediately remove from the
site of the work. Work done without line and grade having been given, work done
(rev. Nov /94)
PAGE 13 OF 28
B -6 -3 Patented Devices, Materials and Processes:
If the Contractor is required or desires to use any design, device, material
or process covered by letters, patent or copyright, he shall provide for such use
by suitable legal agreement with the patentee or owner. It is mutually agreed and
understood that, without exception, contract prices shall include all royalties
or costs arising from patents, trademarks and copyrights in any way involved in
the work. The Contractor and his sureties shall indemnify and save harmless the
City from any and all claims for infringement by reason of the use of any such
patented design, device, material or process or any trademark or copyright in
connection with the work agreed to be performed under this contract and shall
indemnify the City for any cost, expense, or damage which it may be obliged to
pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
B -6 -4 Sanitary Provisions:
The Contractor shall establish and enforce among his employees such regulations
in regard to cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infection or contagious diseases and to
prevent effectively the creation of a nuisance about the work or any property
either public or private, and such regulations as are required by the Engineer
shall be put into immediate force and effect by the Contractor. The necessary
sanitary conveniences for the use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as will.be approved by the Engineer, and their use
shall be strictly enforced by the Contractor. All sanitary laws and regulations
of the State of Texas and the City of Corpus Christi shall be strictly complied
with.
B -6 -5 Public Convenience and Safety:
Materials stored about the work shall be so placed and the work shall at all
times be so conducted as to cause no greater obstruction to the traveling public
than is considered necessary by the Engineer. The Contractor shall, upon
direction of the Engineer, make provisions by bridges or otherwise at sidewalks
and private driveways for the free passage of pedestrians and vehicles provided
that, where bridging is impracticable or unnecessary in the opinion of the
Engineer, the Contractor may make arrangements satisfactory to the Engineer for
the diversion of traffic and shall, at his own expense, provide all material and
perform all work necessary for the construction and maintenance of roadways and
bridges. Sidewalks must not be obstructed except by special permission of the
Engineer. The materials excavated and the construction materials or plant used
in the construction of the work shall be placed so as not to endanger the work
or prevent free access to all fire hydrants, water valves, gas valves, manholes
for telephone, telegraph, signal or electric conduits, sanitary or storm
sewers,and fire alarm or police -call boxes in the vicinity.
The City reserves the right to remedy any neglect on the part of the Contractor
as regards the public convenience and safety which may come to its attention
after twenty -four hours notice in writing to the Contractor except in case of
emergency when it shall have the right to remedy any neglect without notice, and
in either case,the cost of such work done by the City shall be deducted from
monies due or to become due the Contractor. The Contractor shall__notify the Fire
and Police Division Headquarters when any street is closed or obstructed. Where
the Contractor is required to construct temporary bridges or make other
arrangements for crossings over ditches or streams, his responsibility for
accidents shall include the roadway approaches as well as the structures of such
crossings. The Contractor shall mark all detours as directed by the Engineer so
that the entire route of the detour is designated, such markings to be by neat
and workmanlike signs large enough and so painted and so placed as to be clearly
visible.
(rev. Nov /94)
PAGE 15 OF 28
culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and
gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof;
and to all other public and private property along or adjacent to the work. The
Contractor shall be responsible for all damage or injury to the property of any
character resulting from any act, omission, neglect or misconduct in the
execution of the work or in consequence of the non - execution thereof on the part
of the Contractor, he shall restore or have restored at his own cost and expense
such property to a condition similar to equal to that existing before such damage
or injury was done by repairing, rebuilding or otherwise restoring as may be
directed, or he shall made good such damage from injury in a manner acceptable
to the owner or the Engineer. In case of failure on the part of the Contractor
to restore such property or to make good such damage or injury, the Engineer may,
after forty -eight (48) hours written notice under ordinary circumstances, and
without notice when a nuisance or hazardous condition results, proceed to repair,
rebuild or otherwise restore such property as may be determined necessary, and
the cost thereof will be deducted from any monies due or to become due the
Contractor under his contract.
B -6 -11 Responsibility for Damage Claims:
The Contractor .shall not commence work under this contract until he has
obtained all insurance required herein and such insurance has been approved by
the City. The Contractor shall not allow any subcontractor(s) to commence work
until all similar insurance required of the subcontractor(s) has been so
obtained.
Within ten (10) calendar days after the date the City requests that the
Contractor sign the contract documents, the Contractor shall furnish the City
with certificates of insurance evidencing that the Contractor has obtained
insurance coverage of the types more particularly described below in parts (a)
through (e) of this section. (For self - insured workers' compensation coverage,
other documents, specified hereafter, may be substituted for the certificate of
insurance just described). The workers' compensation insurance policy need not
list the City as an additional insured. Additionally, all certificates of
insurance shall state the name of the project in the "Description of Operations"
section of such certificate. These certificates and any subsequent insurance
certificates in connection with this particular contract shall be delivered to
the offices of the City Engineer. The Certificates of Insurance shall state that
ten (10) days written notice will be given the City before any policy covered
thereby is changed or canceled and shall shown the following minimum coverage in
an insurance company acceptable to the City. The City reserves the right to
modify minimum limits based upon the nature and scope of the work. The
Contractor agrees to comply with the Supplemental Insurance Requirements stated
in the "Special Provisions" section of this contract.
(a) General Liability, including Commercial General Form; Premises -
Operations; Explosion & Collapse Hazard; Underground Hazard; Products /Completed
Operations Hazard; Contractual Insurance, with an endorsement on the face of the
certificate that it includes the "Hold Harmless" in the last paragraph of this
provision; Broad Form Property Damage; Independent Contractors; and Personal
Injury:
Bodily Injury and Consequent Death
Bodily Injury and Consequent Death
Property Damage
MINIMUM INSURANCE COVERAGE
$300,000 Per Person
$500,000 Each Occurrence
$100,000 Each Occurrence
(b) Automobile Liability Owned, Nonowner or Rented:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Death $100,000 Per Person
Bodily Injury and Consequent Death $300,000 Each Occurrence
Property Damage $100,000 Each Occurrence
(rev. Nov /94)
PAGE 17 OF 28
B -6 -12 Contractor's Claim for Damages:
Should the Contractor claim compensation for any alleged damage by reason of
the acts or omissions of the City, he shall, within three (3) days after
sustaining such alleged damage, make a written statement to the City Engineer,
setting out in detail the nature of the alleged damage; and on or before the
twenty -fifth (25th) day of the month succeeding that in which any such damage is
claimed to have been sustained, the Contractor shall file with the City Engineer
an itemized statement of the details and amount of such alleged damage and, upon
request, shall give the City Engineer access to all books of accounts, receipts,
vouchers, bills of lading and other books or papers containing any evidence as
to the amount or such alleged damage. Unless such statements shall be filed as
hereinabove required, the Contractor's claim for compensation shall be waived and
he shall not be entitled to payment on account of such damage.
B -6 -13 Public Utilities and Other Property to be Changed:
In case it is necessary to change or move, the property shall not be moved
or interfered with until ordered to do so by the Engineer, unless the plans or
specifications show that such work is to be done by the Contractor. The right
. is reserved to the owner of public utilities to enter upon the limits of the
contract for the purpose of making such changes or repairs of their property that
may be necessary by performance of the contract. The City reserves the right of
entering upon the limits of the contract for the purpose of repairing or relaying
sewer, gas and water lines and appurtenances, repairing structures, etc., and
making other repairs, changes or extensions to any City property.
B -6 -14 Temporary Sewer and Drain Connections:
When existing sewers have to be taken up or removed, the Contractor shall,
at his cost and expense, provide and maintain temporary outlets and connections
for all private or public drains or sewers. The Contractor shall also take care
of all sewage and drainage which will be received from these drains and sewers;
and for this purpose, he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor, at his
own expense, shall construct such troughs, pipes or other structures necessary
and be prepared at all times to dispose of drainage and sewage received from
these temporary connections until such time as the permanent connections are
built and in service. The existing sewers and connections shall be kept in
service and maintained under the contract except where specified or ordered to
be abandoned by the Engineer. All water or sewage shall be disposed of in a
satisfactory manner so that no nuisance is created and so that the work under
construction will adequately be protected.
B -6 -15 Arrangement and Charge for Water Furnished by the City:
Where the Contractor desires to use City water in connection with any
construction work, he shall make complete and satisfactory arrangements with the
City of Corpus Christi, Department of Public- Utilities for so doing. However,
this in no way obligates the City to provide water.
B -6 -16 Use of Fire Hydrants:
No person -shall open, turn off, interfere with, attach::-any pipe or hose to,
or connect anything with any fire hydrant, stop valve or stop cock, or tap and
water main belonging to the City unless duly authorized to do so by the City of
Corpus Christi, Water Division Superintendent.
B -6 -17 Use of a Section or Portion of the Work:
Wherever, in the opinion of the Engineer, any section or portion of the work
or any structure is in suitable condition, it may be put into use upon the
written order of the Engineer, and such usage shall not be held to be in any way
an acceptance of said work or structure or any part thereof or as a waiver of any
of the provisions of these specifications or the contract pending final
(rev. Nov /94)
PAGE 19 OF 28
The Contractor performing this contract may purchase, rent or lease all
materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate complying with State Comptroller's Ruling #95 -0.07.
Any such exemption certificate issued by the contractor in lieu of the tax shall
be subject to the provisions of the State Comptroller's Ruling #95 -0.09 as
amended to be effective October 2, 1968.
B -7 PROSECu'1ON AND PROGRESS:
B -7 -1 Subletting the Work:
The Contractor shall perform with his own organization and with the
assistance of workmen under his immediate superintendence, work of a value not
less than fifty percent (50 %) of the value of all work embraced in the contract
exclusive of items not commonly found in contracts for similar work or which
require highly - specialized knowledge, craftsmanship and /or equipment not
ordinarily available in the organizations of Contractors performing work of the
character embraced in the contract. No portion of the work covered by these
specifications and contract, except contracts for purchase and delivery of
materials, shall be sublet without written permission of the City. If the
Contractor sublets any part of the work to be done under his contract, he will
not,, under any circumstances, be relieved of his responsibility and obligations.
All transactions of the Engineer -will` be with the Contractor. Subcontractors
will be considered, only in:the capacity of employees and /or workmen and shall be
subject to the same requirements as to character, competency, wages and hours.
The City will not recognize any subcontractor on the work. The Contractor shall,
at all times when the work is in operation, be represented either in person or
by a qualified superintendent or other designated representative.
B -7 -2 Assignment of Contract:
The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract or his right, title or interest in or to the same, or any part thereof,
without the previous consent of the City Council and concurred in by the
sureties. If the Contractor does without such previous consent assign, transfer,
convey or otherwise dispose of the contract or of his rights, title or interest
therein, or any part .thereof to any persons, partnership, company, firm or
corporation, or by bankruptcy, voluntary or involuntary, or by assignment under
the insolvency laws of any state, attempt to dispose of the contract or make
default in or abandon said contract, then the contract may, at the option of the
City, be revoked or annulled, unless the sureties shall successfully complete
said contract; and any monies due or to become due under said contract shall be
retained by the City as liquidated damages for the reason that it would be
- impracticable and extremely difficult to fix the actual damages.
B -7 -3 Prosecution of the Work:
Prior to beginning construction operations, the Contractor shall submit to
the Engineer a chart or brief of his.-.work schedule outlining the manner and
sequence of prosecution of the work that he intends to follow in order to
complete the contract within the allotted time. Whenever, during the course of
the work, this planned sequence and /or method must be revised, such revision
shall be submitted in writing to the Engineer.
The Contractor shall begin the work to be performed under this contract
within the time limit stated in the Agreement and shall conduct the work in such
a manner and with sufficient equipment, materials and labor as is necessary to
insure its completion within the time limit. The sequence of all construction
operations shall be at all times as directed be or approver by the Engineer.
Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance of the contract. Should the
prosecution of the work be discontinued by the Contractor, he shall notify the
Engineer at least twenty -four (24) hours in advance of resuming operations.
(rev. Nov /94)
PAGE 21 OF, 28
due to such causes; all provided that actual stoppage of work ensues and no fault
of the Contractor is involved.
If the satisfactory execution and completion of the contract should require
work and materials in a greater amount, or quantities, than those set forth in
the contract, then the contract time shall automatically be increased the same
proportion as the cost of the additional work bears to the cost of the original
work contracted for. No allowance will be made for delays or suspension of the
prosecution of the work due to the fault of the Contractor.
B -7 -9 Computation of Contract Time for Completion:
For the purpose of computation, the contract time shall begin with the tenth
(10th) calendar day after the date of the written authorization by the City
Engineer to begin work, or such earlier date as work, other than the delivery of
materials, is actually commenced.
The Engineer shall furnish the Contractor a monthly statement showing the
days (calendar or working) charged during the month. If no protest as to the
correctness of the statement is filed within seven (7) days by the Contractor,
the statement will stand.
Contract time shall be charged as described under the definition thereof.
B -7 -10 Failure to Complete on Time:
The time of completion is the essence of the contract. For each day
(calendar or working) that any-work shall remain uncompleted after the time
specified in the time specified-in the proposal and contract, or the increased
time granted by the City, or as automatically increased by additional work or
materials ordered after the contract is signed, a sum per day will be deducted
from the monies due the Contractor, not as a penalty but as liquidated damages.
This sum of liquidated damages per day will be as shown in the special
provisions, proposal or elsewhere in the contract documents.
The sum of money thus deducted for such delay, or noncompletion is not to be
considered as a penalty but shall be deemed, taken and treated as reasonable
liquidated damages since it would be impracticable and extremely difficult to fix
the actual damages, with such sums of money to be deducted from Contractor's
monies at the time or times such damages begin to occur, thence to the completion
of construction.
B -7 -11 Suspension by Court Order:
The Contractor shall suspend such part or parts of the work ordered by the
Court, and will not be entitled to additional compensation by virtue of such
Court Order. Neither will he be liable to the City in the event and for the time
the work is suspended by Court Order.
B -7 -12 Temporary Suspension:
The Engineer shall have the authority to suspend the work wholly or in part
for such period or periods as he may deem necessary due to unsuitable weather
conditions-as—are considered unfavorable for the suitable._prosecution of the
work. If it should become necessary to stop work for an indefinite period, the
Contractor shall store all materials in such manner that they will not obstruct
or impede the public unnecessarily or become damaged in any way, and he shall
take every precaution to prevent damage or deterioration of the work performed;
he shall provide suitable drainage about the work and erect temporary structures
where necessary. The Contractor shall not suspend work without written authority
from the Engineer and shall proceed with work promptly when notified by the
Engineer to resume operations.
(rev. Nov /94)
PAGE 23 OF 28
have been payable under the contract if the same had been completed by the
Contractor, then in such case, the City may pay to the Contractor the difference
in cost provided that the Contractor shall not be entitled to any claim for
damages or for loss of anticipated profits; in case such expense shall exceed the
amount which would have been payable under the contract if the same had been
completed by the Contractor, then the Contractor and his sureties shall pay the
amount of such excess to the City on notice from the City of the excess due.
When any particular part of the work is being carried on by the City by contract
or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the contract, and in
such manner as not to hinder or interfere with the performance of workmen
employed as above provided by the City.
B -7 -14 Termination of Contract:
The contract will be considered fulfilled, saved as provided in any
- maintenance stipulations, bond or by law, when all the work has been completed,
the final inspection made by the Engineer, and final acceptance and final payment
made by the City.
B -8 MEASUREMENT AND PAYMENT:
B -B -1 Measurement of Ouantities:
The determination of quantities of work acceptably completed under the terms
of the contract, or as directed by the Engineer in writing, will be made by the
Engineer, based on measurements made'by the Engineer. These measurements will
-be taken according to the U.S. Standard Measurements, used in common practice,
and will be the actual length, area, solid contents, numbers and weight. It'is
:pointed out that inclusion- in the standard construction specifications of
paragraphs describing methods of measurement and payment is not intended to imply
that separate payments shall be made under each such standard specification. The
units for which payment shall be made are those stated in the proposal.
B -8 -2 Unit Price:
Where in the proposal form a "Unit Price" is set forth, the "Unit Price"
shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, appliances, plant and equipment appurtenant to and necessary for
construction in every detail and the completion in a first class, workmanlike
manner of all the work to be done under these specifications. The "Unit Price"
shall also include all permanent protection of overhead, surface and underground
structures, cleaning up, finish, overhead expense, bond, insurance, patent fees,
_royalties, risk due to the elements, delay, profit, injuries, damages, claims and
all other items not specifically mentioned that may be required to construct
fully each item of the work complete in place.
B -8 -3 Scope of Payment:
The Contractor shall receive and accept the compensation, as herein provided,
in full payment for furnishing all labor, tools, materials, equipment and
incidentals; for performing all work contemplated and embraced under the
contract; for all lose or damage arising out of the nature of the work or from
the action of the elements; for any - unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work and before its final
acceptance by the Engineer; for all risks of whatever description connected with
the prosecution of the work; for all expense incurred by or in consequence of
suspension or discontinuance of such prosecution of the work as herein specified;
for any infringement of patents, trademarks or copyrights; and for completing the
work in an acceptable manner according to the plans and specifications. The
payment of any current or partial estimate prior to final acceptance of the work
by the City shall in no way constitute an acknowledgement of the acceptance of
the work nor in any way prejudice or affect the obligation of the Contractor to
repair, correct, renew, or replace, at his expense, any defects or imperfections
(rev. Nov /94)
PAGE 25 OF 28
(b) All change ..orders in involving an expenditure of $10,000.00 or more
must be approved by the City Council.
(c) The City Manager, or duly authorized Assistant City Manager, has
authority to approve change orders between $5,000.00 and $10,000.00. The City
Manager may authorize change orders in excess of this amount only in emergency
situations where undue delays could cause damages, either physical or monetary,
to the City, Contractor, or general public. However, final approval must be
granted by the City Council.
(d) The City Engineer has authority to issue change orders up to $5,000.00.
(e) The total amount of all change orders to a contract shall not exceed
25% of the original contract price.
Contractors are advised that the City is under no obligation to appropriate
change order(s) which have not been prepared and executed as stated herein. The
addition of items of work covered by unit prices may be performed without written
change orders unless the quantity and cost of such work, in the Engineer's
opinion, require such written change orders, in which event the Contractor will
be so notified.
B -8 -6 Partial Estimates:
After the twenty- fifth (25th) day of the month and at the Contractor's
request, the Engineer will make an-approximate estimate of the value of the work
done during the month under the specifications, which approximate estimate may
include the full net invoice value of acceptable non-perishable .:materials
delivered to the work (i.e. materials'on hand }. The Contractor shall .furnish to
the Engineer such detailed information as he may request:to aid him as a guide
in -the preparation of partial estimates. It is understood that the .partial
estimates from month to month will be approximate only and all partial estimates
and payments will be subject to correction in -the estimate rrnr red following the
-discovery of an error in any previous estimate, and such estimate shall not in
any respect be taken as an admission of the City of the amount of work done or
of its quality or sufficiency nor as an acceptance of the work or the release of
the Contractor of any of his responsibility under the contract.
In determining the partial payment to be made to the Contractor, the City
will retain five percent (5t) of the total approximate estimate, unless otherwise
stated, and will deduct payments previously made. No partial payment will be
made when the said estimate or the estimates of work done since the last previous
estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is
due and payable to the Contractor upon successful completion of the project and
will be included in the final payment. Payment shall be withheld as elsewhere
herein specified.
The City reserves the right to increase the retainage. In contracts in which
the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and
providing for retainage of greater than five percent (5 %) of the total estimate,
the amount retained shall be deposited in an interest bearing account and the
interest earned shall be paid to the contractor upon completion of the contract
with the final payment, unless withheld as otherwise specified.
B -8 -7 Withhoidinq Payment:
Payment of estimates may be withheld if the work is not being executed in
accordance with the specifications and contract and /or to cover known claims as
elsewhere specified.
B -8 -8 Final Cleanup:
Upon completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work surplus and
discarded materials, temporary structures, and debris of every kind. He shall
(rev. Nov /94)
PAGE 27 OF 28
A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 23RD day of MARCH, 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 J.S. Haren Company
termed in the Contract Documents as "Contractor," upon these terms,
performable in Nueces County, Texas:
In consideration of the payment of $141,000.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
OSO W.R.P.
WALKWAY
(TOTAL
WEST PLANT AERATION BASINS
STRUCTURAL IMPROVEMENTS
PROJECT E09008
BASE BID: $141,000.00)
according to the attached Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in their
attached bid proposal supplying at their expense such materials,
services, labor and insurance as required by the attached Contract
Documents, including overseeing the entire job. The Contract
Documents include this Agreement, the bid proposal and
instructions, plans and specifications, including all maps, plats,
blueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT NO. E09008
Base Bid
I
II
III
IV
V
ITEM
QTY
Description
Unit Price
Total
1 LS
Mobilization & Demobilization, complete
in place per lump sum
O ?
it-
_0
$_ .
2
1 LS
Installation of 47 single column T-
supports hot dip galvanized (W10x39)to
be placed as shown on drawings, and in
accordance with plans and on all
specifications and includes all
necessary material, labor and
equipment. Also includes minor
adjustments in order to transfer all
dead loads to new columns, any field
fits as necessary in order to complete
all work as stipulated, complete in
place per lump sum.
as
LIM) r
$ tU000 �9-
TOTAL BASE BID: $ 144 10 0Q
(Bid Items 1 + 2)
Proposal Form
Page 3 of 6
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 240 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.
AT
Cit Secretary
APPRO D AS TO GAL FORM:
il
By:
Asst. ity Attorney
ST: (If Corporation)
tAit
Seal Below)
(Note: If Person signing for
corporation is not President,
attach copy of authorization
to sign)
CITY OF CORPUS C STI
By: \ /(,,..
Juan erales, /Jr. , P. E.
Assistant City Manager
Engineering /Development Services
By:
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
J.S. Haren Company
By:
T itie: U6) ° 142rei i es/ ( t
1175 HWY 11 NORTH
(Address)
ATHENS, TN 37303
(City) (State)(ZIP)
423/745 -5000 * 423/745 -5252
(Phone) (Fax)
Agreement
Page 2 of 2
P R O P O S A L F O R M
F O R
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY
STRUCTURAL IMPROVEMENTS
PROJECT NO. E09008
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
M�
Proposal Form
Page 1 of 6
1
Proposal of
Q
P R O P O S A L
Place: 6(1We O ru lv-c, l )(
Date: (Ob 4 (
Air if
a Corporation or
State
of and existing under the
laws the of the
jl
Q
OR
a Partnership or Individual doing business as
TO:
The City of Cows Christi, Texas
Gentlemen:
The undersigned
materials, hereby proposes
tools, and necessar to furnish all
required for: y equipment labor and
► and to perform the work
OSO W.R.P. WEST
at the locations
accordance with
wit:
PLANT AERATION BASINS
WALKWAY STRUCTURAL
PROJECT NO. E09008 IMPROVEMENTS
set out by the
the Plans and s
s
contract specification
documents for the l and in strict
following prices, to-
Proposal Form
PaQe 2 of 6
OSO W.R.P. WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT NO. E09008
Base Bid
I
II
III
Iv
v
ITEM
QTY
Description
Unit Price
Total
1
1 LS
Mobilization & Demobilization, complete
in place per lump sum
(>;
II
o 0
$ 1 I. `�
2
1 LS
Installation of 47 single column T-
supports hot dip galvanized (W10x39)to
be placed as shown on drawings, and in
accordance with plans and on all
specifications and includes all
necessary material, labor and
equipment. Also includes minor
adjustments in order to transfer all
dead loads to new columns, any field
fits as necessary in order to complete
all work as stipulated, complete in
place per lump sum.
rss
1
$ l'66000G2
TOTAL BASE BID: $ 144 Gam+
(Bid Items 1 + 2)
Proposal Form
Page 3 of 6
City of
Corpus
Chnsti
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 contract and bonds are not
executed within the time above set forth as liquidated damages for the
delay and additional work caused thereby.
Minority /Minority Business Enterprise Participation: The
apparent low bidder shall, within five days of receipt of bids, submit
to the City Engineer, in writing, the names and addresses of MBE firms
participating in the contract and a description of the work to be
performed and its dollar value for bid evaluation purpose.
Number of Signed Sets of Documents: The contract and all
bonds will be prepared-in not less than four counterpart (original
signed) sets.
Time of Completion: The undersigned agrees to complete the
work within 240 calendar days from the date designated by a Work Order.
The undersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all
materials and do everything required to carry out the above mentioned
work covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Receipt of the following addenda is acknowledged (addenda
number):
Respectful) submitted:
Name: (^J- eomP(�-_ �� _J
By:
(SEAL - IF BIDDER IS
a Corporation) Address:
SIGNATURE)
P.O. Box) (Stre t)
r I.IV�
(City) (State) (Zip)
Telephone: 03146°0
NOTE: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
Proposal Form
Page 4 of 6
(Revised August 2000)
STATE OF TEXAS §
COUNTY Or NUECES §
THAT J.S. Hazen Company of McMINN County, Tennessee,
hereinafter called "Principal ", and Ullico Casualty Company ,
a corporation organized Under the laws of the State OfDelaware
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
co- rporatians supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of ONE
HUNDRED FORTY -ONE THOUSAND AND NO/100($141,000.00) DOLLARS, lawful
money of the United States, to be paid in Nueces County, Texas, for
the payment of which sum well and truly to be made we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents:
THE CONDITION Or THIS OBLIGATION IS SUCH TEAT: Whereas, the
principal• entered into a certain contract with the City of Corpus
Christi, dated the 23RD day MARCH , 20 10 , a copy of which is
hereto attached and made a part hereof, for the construction of
Executed in Four Original Counterparts
Bond No. sb001 CJ0364
1 NOW AIL BY THESE PRESENTS
OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY 'STRUCTURAL IMPROVEt4NTS
PROJECT E09008
(TOTAII BASE BID: $141,000.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas:
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terns
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
wrive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
PAYMENT BOND
STATE OF TEXAS §
KN W ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT J.S. Haren Company of McMINN County, Tennessee,
hereinafter called "Principal ", and
a corporation organized under the laws of the State of
and duly authorized to do business in the State of Texas,
hereinafter called "Surety ", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", 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 ONE
HUNDRED FORTY -ONE THOUSAND AND NO /100($141,000.00) DOLLARS, lawful
money of the United States, to be paid in Nueces County, Texas, for
the payment of which sum well and truly to be made we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 23RD day MARCH , 20 10 , a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT E09008
(TOTAL BASE BID: $141,000.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant ", "Labor" and "Material ",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
he'ein 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 1 EREOE, this instrument is executed in 4 copies,
each One of which shall be deemed an original, this the 26th
day of March , 20 10
PRINCIPAL
J.S. Haren Company
BY: /
J.S. Haren, President
(t ri.nt Name & Ti.tle)
/It ILA .02
Title)
SURETY
Ullico Casualty Company
1625 Eye Street NW, Wash'- •ton, DC 20006
Attorne in- act
Jeremy Crawfo
(Print_ Name)`
The Resident Agent of the Surety in Wtoces County, Texas, for
delivery of notice and service of process is:
Agency: Snelling Professional Services
Coi tact Person: Gina Tyler
Address: 5350 S. Stailes, Ste. 110
Corpus Christi, TX 78411
Phoue Number: (361)906 -1213
tNOTE: Date: of Payment Bond
not be prior to date of contract) ,1.evised 3 /06I
Payment Bond
Page 2of2
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
day of , 20
PRINCIPAL
By:
(Print Name & Title)
ATTEST
(Print Name & Title)
SURETY
By:
Attorney -in -fact
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is:
Agency:
Contact Person:
Address:
Phone Number:
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08)
Payment Bond
Page 2 of 2
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF NUECES §
Executed ' Four Original Counterparts
Bond No. sb001d00364
KNOW ALL BY THESE PRESENTS:
• THAT J.S. Hazen Conpany of McMDENN County, Tennessee,
hereinafter called "Principal", andUllicoCasualtyCompany , a
corporation organized under the laws of the State ofDelaware
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 ONE BUNDBX
FORTY-ONE THOUSAND AND NO/100($141,000.00) DOLLARS, lawful money of
the United States, to be paid in Nueces County, Texas, for the
payment of which sum well and truly to be made we bind ourselves,
our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH TEAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 23RD of MARCH , 20 10 • a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT E09008
(TOTAL BASE BID: $141,000.00)
NON, TSBREFORF, 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 (I)
Year from the date of completion and acceptance of improvement s by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED puRTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waivc 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
Pace 1 of 2
PERFORMANCE BOND
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT J.S. Haren Company of McMINN County, Tennessee,
hereinafter called "Principal ", and , a
corporation organized under the laws of the State of
and duly authorized to do business in the State of Texas,
hereinafter called "Surety ", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", in the penal sum of ONE HUNDRE
FORTY -ONE THOUSAND AND NO /100($141,000.00) DOLLARS, lawful money of
the United States, to be paid in Nueces County, Texas, for the
payment of which sum well and truly to be made we bind ourselves,
our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 23RD of MARCH , 20 10 , a copy of which is
hereto attached and made a part hereof, for the construction of:
OSO W.R.P. WEST PLANT AERATION BASINS
WALKWAY STRUCTURAL IMPROVEMENTS
PROJECT E09008
(TOTAL BASE BID: $141,000.00)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and /or replace all defects due to faulty
materials and /or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nuecaes County to whom any zequisite
notices nay 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 26th
day of March , 2010
PRINCIPAL
J.S. Haren Company
13y:
J.S. Haren, President
( Print Name & Title)
{Print blame 6 Title
SURETY �
Ullico Casual Cornnany
1625 Eye Street NW, Was gton, DC 20006
ttorn = - -in
Jeremy Crawford
(Print Name)
The Resident Agent of the Surety ' in Nueces Couutyt Texas, for
delivery of notice and service of process is:
Agency: Snelling Professional Services
Contact Person: Gina Tyler
Address: 5350 S. Staples, Ste. 110
Corpus Christi, TX 78411
Phone Numberr (361)906 -1213
(NOTE: Date of Perfo sa.ncc Bone must not be prior cc date of contract) (Revised 3/08)
Performance Bond
Page 2 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the
day of , 20
PRINCIPAL
By:
(Print Name & Title)
ATTEST
(Print Name & Title)
SURETY
By:
Attorney -in -fact
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is:
Agency:
Contact Person:
Address:
Phone Number:
(NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08)
Performance Bond
Page 2 of 2
f UI' lico
ULLICO Casualty Company
1625 Eye Street, N.W. Washington D.C. 20006
Power of Attorney
3068
KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws
of the State of Delaware, does hereby constitute and appoint: Michael Williams, Jeremy Crawford, William J. Nemec and Andrea J.
Michael of C *C *I Surety, Inc., a Minnesota Corporation,
Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $4,000,000.00.
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 Directors
of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of
the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in
Fact to execute on behalf of the Company bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof and to attach the seal of
the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and
revoke the authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to
any such Power of Attorney or certificate relating thereto by facsimile, and any such
Power of Attorney so executed and certified by facsimile signatures and facsimile
seal shall be valid and biding upon the Company in the future with the respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its
authorized office this 26th day of March 20 10
Daniel Aronowitz
President ULLICO Casualty Company, a Delaware Corporation.
On this 26th day of March 20 10 , before me came the individual who executed the preceding instrument, to me personally
known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to
said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Nola ry Public
CATHERINE M. OBRIEN
NOTARY PUBLIC STATE OF MARYLAND
MONTGOMERY COUNTY
MY COMMISSION EXPIRES JANUARY 21, 2012
CERTIFICATE
I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the
Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do
further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the
duly elected President of ULLICO Casualty Company,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16th day of July 2009.
Teresa E. Valentine
Senior Vice President, General Counsel & Secretary
ULLICO Casualty Company
Acknowledgment of Surety
State of Minnesota
County of Hennepin
On this 26th day of March, 2010 before me personally appeared Jeremy Crawford who
acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of
Ullico Casualty Company (surety company), the foregoing instrument, and he thereupon
duly acknowledged to me that he executed the same.
LLLE ANN FERN
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
A
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered. If
the question is not applicable, answer with "NA ". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME:
P. O. BOX:
9 t . r) 0) mpaRq
P.G. Ea 463
STREET ADDRESS: 11 1) t{'m 9 it ku i V\
FIRM IS: 1. Corporation [r
4. Association ((__ JJ
CITY: f1IMIE .1N
2. Partnership
5. Other
ZIP:
31a)3
3. Sole Owner ❑
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each employee" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
NIP-
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each_employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
OIPt-
Proposal Form
Page 5 of 6
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official! employee or body that has been requested
to act in the matter, unless the interest of the City official or employee in the matter is apparent.
The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2 -349 (d)]
CERTIFICATION
1 certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: 1,9 , Raton Title: pi cedoil
(Type or Print)
Person: of Certifying G � Date: mulct(y � avto
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have
an effect on that interest that is distinguishable from its effect on members of the public in
general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self - employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non - profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi, Texas. _
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively
held, in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
"Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Proposal Form
Page 6 of 6
ACORD„, CERTIFICATE OF LIABILITY INSURANCE
l 3 TE(MW O D
PRODUCER (865) 691 -4847 FAX: (865) 694 -4847
TI3 Insurance Services, Inc.
1900 Winston Road, Suite 100
P.O. Box 10328
Knoxville TN 37939 -0328
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
J. E. Harem Company'
P. 0. Box 450
123 Washington Avenue
Athens TN 37371 -0450
INSURER*: Union Insurance Company
INSURER a Continental Western Ins.
INSURERC :American Interstate Ins.
ENSURER 0:
INSURER E:
COVERAGES -
THE POLICIES OF INSURANCE LISTED BELOW
REQUIREMENT, TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY THE POLICIES
AGGREGATE LIMITS SHOO/ MAY HAVEBEEV
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMTHSTANDING ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.
DESCRIBED HEREIN 18 BUS.N:CT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES
REDUCED BY PAID CLAD
TYPE OF
POLICY NUMBER
PeLIATVIWJE
aA7EACON"
LASTS
A
GENERALUJABILIWYY
X
COMMERCIAL GI UABILIfY
CPA 4344222 -10
Incl Prem Ops; Broad Form
Property Damage; Indep
Contractor
4/6/2009
4/6/2010
V/
EACH OCCURRENCE
$ 1,000,000
� MSS
i 300,000
I CLAIMS MADE
X OCCUR
___ ___
„iED woman, emson)
$ 10,000
PERSONAL &ADVItJURY
$ /1,000,000
X
Zacl X,C,U
GENERAI.AGGREGATE
s ✓ 2,000,000
X
Contractual Liab.
PRODUCTS • COMPIOP AGG
$ 2,000,000
eon AGGREGATE LIMIT APPLIES PER:
POUC f PR1 LOC
A
AUTOMOBILE
X
X
X
X
LI BILfY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNED AUTOS
CPA 4344222 -10
4/6/2009
4/6/2010
a!
COMBINED SINGLE LINK
Ms eminent)
s �1,00a,000
eooa. W my
(Per mien)
$
BODILY INJURY
(Per eeddenl)
s
PROPERTY DAMAGE
(Per =Went)
S
GARAGE
LIABILITY
ANY AUTO
A1ITOONLy -EA ACCIDENT
5
OTHER THAN EA ACC
$
AUTO ONLY:
AGM
S
B
EXGESSIUMBREU.A
X
LIABILITY 1
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENn0n 510.000
CIA 4344223 -10
4/8/2009
4/6/20],.0
EACH.00CURRENCE
$ . 3,000,000
AGGREGATE
s 3,000,000
$
s
C
/
WORKERS COMPENSA N AND ./
ANYPROPR1ET0RARTNERIEXECUTTIVE
OFFICERRMEMBEREXCLUDED?
Iteu,describe under
SPECIALPRQV$ION9belor
Owner Included
AVWCTN1851032009
10/1/2009
10/1/2014
✓
y� g H
X I'M 1 17t
E.L. EACH ACCIDENT
S 500,000
E.DlSESE•EAF►PoYfE
S 500 r 000
ELL - DISEASE - POLICY LIMIT
s 500,000
A
MIR Installation
Floater - Completed
Value
CPA 4344222 -10
"All Risk° subject to
Policy Exclusions
4/06/2009
4/06/2010
f
per Jobsite $1,000,000
Per Occurrence ✓ $1,000,000
Deductible $1,000
DESCRIPTION OF OPERATIONSI L0CATIONSWVEHICLE&EXCLUSIONS ADDED BY ENDORSEMENTIIPECIAL PROVISIONS
Project: 4309008 OSO W..A_P. West Plant Aeration Basins Walkway; The City of Corpus Christi is named as additional
insured on all general liability (GL) and all automobile liability (AL) policies.
R/
CERTIFICATE HOLDER
CANCELLATION
City of Corpus Christi
Engineering Services
Attn : Contract Administrator
P.O. Box 9277
Corpus Christi, TX 76469
1
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL
/30 DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE 70 DO so SHALL IMPOSE NO OBLIGATION OR UABIJTY OF ANY KIND UPON THE
INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED RSENTATIVE /'�
Bunny Oakes /BECHEN /.
,G _ �.- _____
ACORD 25 (2007108)
INS025 (01oa) Dew
O ACORD CORPORATION 1988
Pape 1 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in Iieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this cerlficate does not confer rights to the certificate holder In lieu of such
endorsemenf(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively
amend, extend or after the coverage afforded by the policies listed thereon.
ACORD 25 (2001!08)
INS025 lotus! oft
Pape 2 of 2
Insured: J. S Haren Company v
Policy No. CPA 4344222 -10
Policy Period: 4106/2009-2010
COMMERCIAL GENERAL LABILITY
CL CG 0443 11 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S GENERAL LIABILITY
ADVANTAGE ENDORSEMENT
This endorsement modifies insurance povided under the following:
/ COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGE EXTENSIONS
Paragraph
Name Of Extension
Lima
or
Included
A.
Miscellaneous Addilloixd Insureds — O IN D i "5.. OO.Prcr..11„Or1S
Inchnied
B.
Aggregate Limits Of Insurance For Construction Projects:
1. Single Cons on Project Aggregate Limit (Away From
Conant)
2. Cap For AN Damages From All Ongoing Construction Projects
$5,000,000
C
Expected Or Intended Injury Or Damage
included
D
Joint Ventura / P1Statrship /Umfted LIMO Compeny Coverage
Included
E.
Knonfsdge OFOoouirence
Included
F.
Legal Ual — Damage To Premises Rented To You (Fre. Lightning,
Explosion, or Leakage From Autorna0o Fire Prvtecive %stems)
8300,000
G.
Medical Payments
$104000
11.
Mobile Equipment. Redefined
eluded
i
Newly Formed Or Acquired Organizations — Extended Period Of Cover -
age
Included
J.
Non -Owned Watercraft Qrrreased b maximum langth of)
61 feet
K
Supplementary Payments — increased UrnrI
1. Ball Bonds
$2.600
2. Loss OfEarnings
$1,000
L
Unintentional Omission In DIdosere
included
M.
Waiver OfSubroga0on
Included
The above is a mummery only. Please consult fhe specific provisions Met fallow for complete trdbrmstlon an the
extensions provided If them is eonEat between thb summary and the endorsement provisions That Woad the
endorsement provisions shall mama.
CL CG 0443 11 06 includes copyrighted material of Insurance Services OfiIce, Inc., Page 1 of 8
vvillt Ib permission
The provisions of the Commercial General Liability
Coverage Part apply except as otherwise provided in
this endorsement. This endorsement applies only if
such Coverage Pmt is Included in this policy.
J �
MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED (Section ifj is amended to
Inhale as an insured any person or organization
(referred to as additional insured below) de-
scribed in paragraphs A.3.a. through A.3.d. below
when you and such person or organization have
agreed in wilting in a oont act or agreement that
such person or organization be added as an add -
tional insured on your policy, provided that
1. The vwitten contract or written agreement Is:
(a) currenly in effect or
during rm the te of this policy; and effedlve
(b) n led prior the and the addffional injury', "prop-
erty damage%, or "personal and advertis-
ing Iujry.
2. The frherrance afforded by this provision does
not apply to any person or organization In-
cluded as an additional insured by a separate
endorsement issued by us and made a part of
this policy or coverage part
3. Only the folbwing persons or organizations
are adder insureds under this provision,
with coverage fix such additional insureds
limited as provided herein:
a. Managers or Lessors of Premises
A manager or lessor of premises but only
with respect m liabil ty arising out of the
ownership, rnalrrtenance or use of that
part of the promises leased to you and
subject b the following additional exclu-
sions:
This insurance does not apply to:
(1) Any "occurrence* which takes place
after you cease to be a tenant In that
premises.
(2) Sirucbrat alterations, new construo-
tion or demolition operations per-
formed by or on behalf of such addi-
tional insured
CL CG 0443 1106
b. Lessor Of Equipment
Airy person or organization from whom
you lease equipment. Such person or or-
ganization Is an Insured only eft respect
to IfabIE.y kw "aodlY k4uN , 'ppertY
damage" or 'personal and advertising In-
jury" caused, in whole or In pat, by your
maintenance. operation or use of equip-
ment leased to you by such person or ar-
ganization.
A person's or organization's status as an
additional insured under this endorse-
ment ends when their oohiract or agree-
ment with you for such leased equipment
ends.
This insurance does not apply to any "oo-
currence" which takes place after the
equipment lease expires.
c. Controlling Interest
Amy t (s) a' m(s) vAlit a
controlling interest in the Named Insured,
but only with respect to their liability aris-
ing out of:
1. Their financial control of the Named
Insured; or
2. Premises they own, maintain or con-
trol while the Named insured leases
or occuples these premises.
Thle insurance does not apply to sfrua
turat alterations, new constr uctlon and
demolition operations performed by or for
such additional insured.
d. Owners Or Contractors For Whom You
Ave Performing Ongoing Operations
1. Any person or organization for whom
you ere peribining opendions but
only wait respect to liability for "body
• and damage' nd ng ,
ire whole or in tart, by
a. Your acts or omissions; or
b. The acts or omissions of those
acting on your behalf;
in the performance 01 your ongoing
operations for the additional Insured.
A person's or o gardzation's status as
an additional inured under thhis pro -
vision ends when your operatibns for
that additional Insured are completed.
Includes copyrighted material of Insurance Services Office, Inc_, Page 2 of 8
with its permission
2. With respect to the insurance af-
forded to these additional insureds,
the following additional exclusions
apps
This insurance does not apply to:
a. "Bodily Irrjtry, "property damage"
or "personal and advertising in-
jury' arising out of the rendering
o1 or the fadtre to render, any
professional architectural, engi-
neering or surveying services, in-
cluding:
(1) The preparing, approving, or
failing to prepare or approve,
maps, shop drawings, opin-
ions, reports. surveys, field
orders, change orders or
drawings and specifications;
or
(2) Supervisory, inspection, ar-
cihitec10 ai or engineering ao-
b. "Bodily injury" or "property dam-
age" occurring after
(1) M work, including materials,
or in�connection with such work,
on the project (other than
service, irrarice or re-
pa to be performed by or
on behalf of the addifbnai In-
sure* at the location of the
covered operations has been
Completed; or
(2) That portion of "your work"
out of which the injtay or
damage arises has been put
to its intended use by any
person or organization other
than another contracor or
subcontractor engaged in
perbrinImg o for a
principal as a part of the
same project
With respect to coverage provided by this provi-
sion A. Miscellaneous Addflonai Insureds, the
following additional provisions also apply.
(1) Any insurance provided 10 an additional in-
sured designated under paragraphs A.3.a
through AAA above does not apply:
(a) To "bodily tnjtryr or "property damage'
included within the "products - completed
operations hazard "; or
CLCCs04431106
(b) To "bodily injury,. 'properly damage' or
'personal and advertising injury, arising
out of the sole negligence of such addl-
tonal insured.
(2) Paragraph 4.b. of Section IV — Commercial
General Liability Conditions is deleted and
replaced with the following:
b. Excess insurance
'lids insurance is excess over:
1. Any of the other insurance, whether
primary, excess, contbugent or on any
other basis that is available 10 the
addBonal insured unless you and the
addBonai insured have specifically
agreed In wrung that this insurance
be primary. Then we VA treat any
other insurance maktabed by the
additional insured for irgury or dam-
age covered by proviebn A. Miscel-
laneous Atiohal Insureds, es-
rapt such other insurance as noted in
paragraph b.2. below, as excess to
this insurance.
if apec><tcaiy required by such written
contract or written agreement, we wilt
not seek cordrbulion from any other
liability insurance available to the ad-
ditional insured for injury or damage
covered by provkdon A. Miscellane-
ous Additional Btsueds, except for
such other insurance as noted in
paragraph b.2. bebw.
2. My other primary liability Insurance
available to the additional insured for
damages arising out of premises or
ongoing operations for which such
person or organization has been
added as an addgonal insured by at-
tachment of an endorsement.
When this insurance is excess, we
will have no duly under Section 1—
Coverage A Bodily injury And
Properly Cov-
erage Pew Liability
Injury Liability to defend the insured
against any 'ad" if any other barer
has a duty to Mend the Insured
against that "stir 1f no other insurer
defends, we will undertake to do so,
but we will be entitled to the irstred's
rights against all those other insurers.
When this insurance Is excess over
other insurance, we will pay only our
share of the amount of the loss, if
any, that exceeds the sum of
Includes copyrighted material of Insurance Services OiTice, Inc.., Page 3 of 8
with its permissbn
Insured: J S Horan Company
Policy No CPA 4344222 -10 V
Policy Period: 410612009.2010
CS 20 37 07 04
TRES ENDORSEMENT CREMES ERZ POLICE PLEASE BEAD IT CAREVOLIT.
,ADDITIO1 I INSURED — =UMW LESSEES OR CONTRACTORS
cozdPLETED 6PERBTIoNs
This endorsement modifies insurance provided under the following:
CONMIEBCIAL GENERAL LIABILITY COVERAGE PART
SCREDOLE
3tene of Additional Insured Person (s) or organi:atioa (s) :
City of Corpus Christi
/ Engineering Services
V Attn: Contract Administrator
P 0. Box 9277
Corpus Christi, TX 78469
Location And Description of Completed Operations
Where required by written contract, Gty of Corpus Christi, Engineering Services, P 0 Box 9277
Corpus Christi, TX 78969 is additional insured under this form only for "your work' easnp)eted between the effective dat
to the expiration date of this policy
Section Is - lobo Ie An Insured is amended to include as an additional insured the
person(s) or orgeniration(s) shown in the schedule, but only with respect to
liability for "bodily injury" or "property damage" caused, in whole or in part, by
your work" at the location designated and described in the schedule of this
endorsement performed for that additional insured and included in the
"products - completed operations haserd ".
or 20 34 u1 04
757 etbparties, Zs= %004 Page 1
TE 99 O1B
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
SDS7NESS AUTO COQ FORM
KERR= COMMIE FORM
TRUCKERS COVEMASE FORM
This endorsement changes the policy effective on the inception date of the
policy unless another date is indicated below:
Endorsement Effective 03/26/10
Policy Number
CPA 4344222 -10
Named Insured /
J. S. Heren Company d
P y
Counter sgned by
/9
L . IDYL
orized Representative)
The provisions and exclusions that apply to LIASILIft COVERAGE also apply to
this endorsement.
'
City of Corpus Christi
Dept. of Engineering Services
Attn: Contract Administrator
F.A. Box 9277
Corpus Christi, TX 78469 -9277
(Enter Name and Address of Additional Insured.)
is an insured, but only with respect to legal responsibility fof acts or
omissions of a person for whom Liability Coverage is afforded under this
policy.
The additional insured is not required to pay for any preen unit stated in the
policy or earned from the policy. Any return premium and any dividend, if
applicable, declared by us shall be paid to you.
You are authorized to act for the additional insured in all matters
pertaining to this insurance.
We will mail the additional insured notice of any cancellation of this
policy. If the cancellation is by us, we will give ten days notice to the
additional insured.
The additional insured will retain any right of recovery as a claimant under
this policy.
FORK= 99 O R - 9DDXTXp AL ENSURED
Texas Standard Antomebile Endorsement
Prescribed March 18, 1992
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY
TEXAS CHANGES - AMENDMENT OF
CANCELLATION PROVISIONS OR COVERAGE
CHANGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR. LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this Coverage Part, we agree to
mail prior written notice of cancellation or material change to:
Schedule
Name: SEE BELOW
2. Address: SEE BELOW
3, Number of days advance notice: THIRTY D30) V
City of Cu.,.pus Christi
Dept. of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Named Insured: 3. S. Hazen Company
Policy Number: CPA 4344222 -10
Effective Date of This Endorsement: 03 /26/10
Authorized Representative:
Name (Printed); Raymond L. Oakes, III
Title (Printed): President - Construction Division
CG0205 (11. -85)
TE 02 QZA
'( CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEIVIENT
This endorsement modifies insurance provided under the following:
WETNESS AUTO COVERAGE VOW
GARAGE COVERAGE FORK
TROCHEES COVERAGE FORK
This endorsement changes the policy effective on the inception date of the policy
another date is indicated below;
Endorsement Effective 03/26/10
Policy Number ,/
CPA 4344222 -10
Named Insured
3. S. Haren Company
Countersigned by
rzzed Aepresentatz
V TWIRTY (301 days before this policy is cancelled or materially
changed to reduce or restrict coverage we will mail notice of the cancellation
or change to
7 El
SEE _ BELOW
(Enter Same and Address)
City of Corpus Christi
Dept, of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, TX 7B469 -9277
Authorized Representative:1
AIL
Name (Printed) :, Raymond L. Oakes, III
Title (Printed): President - Construction Division
Foam= 02 02A - C iCBLLATTOS PROVISION OR COVERAGE CO M= ENDORSEMENT
Tema Standard Anto ebile Sadorsement
Prescribed Iaoreebee 1, 1087
WORKERS COMPENSATION MID 22471.0TERS LIABILITY IUSDRANCE POLICY WC 42 06 O.
(Ed. 7 -84)
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is
shown in item 3.A. of the Information Page.
In the event of cance)ation or other material change of the palicy, we will mail advance
notice to the person or organization named in the Schedule. The number of days advance
notice is shown in the Schedule,
This endorsement shall not operate directly or indirectly to benefit anyone not named in
the Schedule•
1. Number of days advance notice:
2. Notice will be mailed to:
3D
Schedule
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, TX 78469 -9277
This endorsement changes the policy to which it is attached and is effective on the date
issued unless otherwise stated. (The information below is required only when this
endorrsement is issued subsequent to preparation of the policy.)
Palley No. AVWCTN1851032(Qn9dorsement No, 3
Endorsement Effective 03/26/10
Insured J. S. Haren Company
Insurance Company American Countersigned By:
Interstate Ins. Raymond L. Oakes, III
WC 42 06 01 Name (Printed): ym s
J
(149446
(Ed. 7 -B4}
Title (Printed) : President - Construction Division
GENERAL
ENDORSEMENT
Name of person or organization insured J• S •
Harem Company
Date this endorsement takes effect 03/26/10
Endorsement Number 24
Policy Number CPA 4344222 -10 Policy Period 04 /06/09 -10
Builders' Risk / Installation Floater
Name of Company issuing this endorsement Union Insurance Company .
(We will not fill in the above unless we issue this endorscrnent alter we issue your policy)
In consideration of no change in premium, add the following as an additional insured:
City of Corpus Christi: Department of Engineering Services
P.Q. Box 9277; Attn: Contract Administrator
Corpus Christi, TX 78469 -9277
Should the above described policy be cancelled or materially changed before the expiration date thereof,
the issuing company will mail 30 days written notice to the above named.
Signature:
KK-GLOO
Authorized Agent