HomeMy WebLinkAboutC2011-499 - 12/13/2011 - ApprovedS P E C I A L P R 0 V I.S4 I O N S
.S P E C I F I C.A T I O N S
A N D
F 0 R M S O F C 0 N T R A. C T S A N D B O N D S
F O R
WESLEY SEALE DAM SECURITY FENCE
J.O.C.
FOR
WATER DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -1881
Fax: 361/826 -4494.
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880 --3500
Fax: 361/880 -3501
1. PROJECT NO: E11119
WESLEY SEALS DAM SECURITY FENCE
PROJECT No. 11119
(Revised 6/27/99)
Table of Contents
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements'
NOTICE TO CONTRACTORS - B
Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
PART A - SPECIAL PROVISIONS
A -2 Definitions and Abbreviations
A -3 Description of Project
A -4 Method of Award /Explanation of Bid items
A -5 Items to be Submitted with Proposal.
A -6 Time of Completion /Liquidated Damages
A -7 Workers Compensation Insurance Coverage
A-9 Aeknew edgment: eft
A -10 Wage Rates
A -11 Cooperation with Public Agencies
A -12 Maintenance of Services
A -13 Area Access and Traffic Control.
A -14 Construction Equipment Spillage and Tracking
A -15 Excavation and Removals
A -16 Disposal /Salvage of Materials
A 17 Field- Offiee (NOT USED)
A -18 Schedule and Sequence of Construction
A -19 Construction Project Layout and Control.
A-20 Testing and.Certification
A-21 prejeef Signs -
A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
A -23 Inspection Required
A -24 Surety Bonds
A -25 Sales Tam &Eexptien (NO LONGER APPLICABLE) (6/11/98)
A -26 Supplemental Insurance Requirements
A 27 Respeasibility -fer Dama.s°_L'L.^ -lms (NOT USED)
A -29 Contractors Field Administration Staff
A•- 30-- Amended "GeRsideratlen of Gentra-et" '_'_ a==r=- _nt..
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
A35 Git Water Faeilities __ -.,l n..,.ul r -- -.._ts (NOT USED)
A=36 Other Submittals
A-27 Ame-ade " " (NOT USED)
A -38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
A 39 Ge.r+i fleate _., f Qeee nee _..a ni..-.l T. _.ta ne- (NOT USED)
A -40 Amendment to Section B -8 -6; Partial Estimates
A -41 Ozone Advisory
A -42 OSHA Rules & Regulations
A -43 Amended Indemnification & Hold Harmless (9/98)
A -44 Change Orders (4/26/99)
A -45 As -Built Dimensions and Drawings
n 4-6 — Disposal of !rA:ghly - Ghler-in--ted Water- (7/5/00) (NOT USED)
A- 47-- Pre - enstreetreR Empleratery - avatiens (7/5r00) (NOT USED)
A -48 Overhead Electrical Wires
A--49 Amended "Maintenance Guaranty" (8/24/00)
A -50 Amended Prosecution and Progress
A •51 Eleetrenie Submittal of Bads (NOT USED)
A -52 Value Engineering
A 53 Post Gent-1e1
A-- 54--- Bewate" g- andD}sposal (NOT USED)
PART 8 - GENERAL PROVISIONS'
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART S - STANDARD SPECIFICA'T'IONS
Section 021020 - Site Clearing and Stripping (S -5)
Section 021040 - Site Grading (S -6)
Section 022080.- Embankment (S -13)
Section 022100 - Select Material (S -15)
Section 025612 - Concrete Sidewalks and Driveways (S -53)
Section 028320 - Chain.Link Fence (S -70)
Section 030020 - Portland Cement Concrete.(S -40)
Section 032020 - Reinforcing Steel (S -42) (Includes Diagram)
Section 038000 - Concrete Structure .
TLism -GAF DPxUFS S
NOTICE
AGREEMENT
PROPOSAWDISCLOSURE.STATEMENT
PERFORMANCE BOND
PAYMENT BOND
Table of Contents
Page 2 of 2
NOTICE TO CONTRACTORS A
INSURANCE REQUIREMENTS
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
Bodily Injury and Property Damage
all certificates
PER.00CURRENCE / AGGREGATE
Commercial General Liability including:
$2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Lazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual. Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY- --OWNED NON -OWNED
$1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION
COMPENSATION ACT AND PARAGRAPH IT OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
$2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental
❑ REQUIRED
discharge; to include long -term
X NOT. REQUIRED
environmental impact for the disposal of
contaminants
BUILDERS' RISK
See Section B --6 -11 and Supplemental
Insurance Requirements
❑ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER
See Section B --6 -11 and Supplemental
Insurance Requirements
❑ REQUIRED
X NOT REQUIRED
Page 1 of 2
The City of Corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
The name of the project must be listed under "description of operations" on
each certificate of insurance.
For each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30) days prior written notice of cancellation of or material
change on any coverage. The.Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B -6 -11 or Special Provisions section of the contract.
A completed "Disclosure of interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 826° -3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
WORKER' S COMPENSATION
INSURANCE REQUIREMENTS
Texas Admimistrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Construction
'Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context 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 -8. 1, 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
TWCG83, 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, crin inal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from. the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure I for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Graphic
Page 3 o €1 I
(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
(S) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and 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 emension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
r
.(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;
Page5of11 .
(5) 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
(S) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in paragraph '(3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project,
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in.writing by certified mail or 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( ).
(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(x) (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
T28S110.110(d)(7)
REQUIRED WORKERS" COhIPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must he covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on.
the legal requirement for coverage, to verb whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage. "
Page 8 of 11
T28S 110.110(c)(7)
Article . Workers' Compensation. Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate'} -- A copy of a certificate of insurance, a certificate of
authority to se f insure issued by the commission, or a coverage agreement (T'WCC -81, TWCC --
8�, T'WCC -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 food1heverage vendors, office supply
deliveries, and delivery ofportable toilets
A 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 tine coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current 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 notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of anyperson providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner `
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verb
coverage and report lack of coverage.
I The contractor shall contractually require each person with whom it contracts to provide
services on a project, to: r
(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 401.01](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 certfcate 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) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
Provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a se4&insured, with the commission's Division of Self-
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breachfrom the
governmental entity.
v
PART A
SPECIAL PROVISIONS
l
�..
WESLEY SEALE DAM SECURITY FENCE
PROJECT NO. E11119
SECTION A - SPECIAL PROVISIONS
A -1 Time and - Piaee -e€ Reeeiving Prne enais� Pwe Bid ,"eet_n
Sealed przepesals will be reeeived in eenfer-mity with the -e114,e4,aj
the ef• €-iee —ef the— Gity Seeretary, leeatedentfxe first (leer e€��t�+
1291 1�,eepard Street, ia3atli 2!00 p.m., Wedneeday?=-N L6
be- addressed -in the -fe-11-eaw-ing manner!
City Seereta «i s off .
1291 Leepard Street
EeEpas Christi, 'Femas !78403:
ATTN: BID PROPOSAL — WA
A pre bid meeting will: be held e�a INSERT DAY HERE, INSERST E);A.TE HERS,
beginaing at !NSER-T TIME HERB. The meeti:Rq will een-Fene at the
SerFiees Main Genferenee Reem, Third Fleur, Eity Hall, 1201 Leepar-rd-- GtL -eet,
if requested, a site visit will €ellew.
A -2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A -3 Description of Project
THE PROJECT FOR THE WESLEY SEALE DAM SECURITY FENCE CONSISTS OF INSTALLING
APPROXIMATELY 200 LF OF 8' FENCE BY USING 6 FT GATE SECTIONS ON THE NORTH AND
SOUTH SIDE OF THE DAM TO SECURE THE WATER SUPPLY. MOVE RIP RAP TO CLEAR ROOM
FOR FENCE POST AND SLOPED CONCRETE PAVING. PLACEMENT OF SLOPED CONCRETE WILL
BE EARTH FORMED, CONCRETE WILL BE 4 INCHES THICK.
A -4 Method "of Award
The contract is awarded as a Job Order Contract (J.O.C.) and prices
established through the use of RS Means cost pricing.
A -5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
i. 5% Did Bond (Hunt refferenee Preieet Name as identified in the
proposal-)
2. Disclosure of Interests Statement
3. Submittal of Materials
Section A - SP
(Revised 12/15/04)
Page 1 of 24
A -5 Time of Completion /Liquidated Damages
The working time for completion of the Project will be 45 calendar daYs.
The Contractor shall commence work within ten (10) calendar days after
receipt of written notice from the Director of Engineering Services or
designee ( "City Engineer ") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and- deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
A -7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation in coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation.of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the 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 4_
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.
Section, A - SP
(Revised 12/15/04)
Page 2 of 24
A -10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for building construction. In case of
conflict, Contractor shall use higher wage rate.
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 sdo ittals to the City Engineer. The
Contractor will. also cbtain copies of such certified payrolls. from all subcontractors and
others working on the Project. These documents will also be submitted to the City Engineer
biweekly. (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 (11,�) times the specified hourly wage must be paid for all hours worked in
_ excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See
Section B -1--1, Definition of Terms, and Section B-7 -6, Working Hours.)
A -11 Oooper #an 'with Public
(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 tile. vicis)ity of any
facility by using the Texas One -Call System 1- 800245- -4545, the Lome Star Notification
Ccapany at 1- 800- 669 - 8344, and the Southwestern Bell Locate Group ,at 1- 800 -828 -5127. For the
Contractor's convenience, the following telephone numbers are listed.
City Engineer
361- 826 -3500
Project.Manager
361- 826 -3550, 826 -3594
A/E CONSULTANT - HNS SING
361 -991 -2226
Traffic Engineering
880 -3540
Police Department
882 -1911
Water DepartTent
826 -1881 (880 -3140 after Hours)
Wastewater Department
826 -1840 (880 --3140 after hours)
. Gas Department
885 -6900 (885 -6900 after hours)
Storm Water Department
826 -1875 (880 -3140 after hours)
Parks & Recreation Department
826 -3461
Streets & Solid Waste Services
826 -1970
A E P
1 -877- 373 -4058 (693 -9444 after hours)
S B C
881 -2511 (1 -800- 824- 4424,after hours)
City Street Div. for Traffic
Signal /Fiber Optic Locate
826 -1946 857 -1960
Cablevision
857 -5000 (857 -5060 after hours)
ACSI (Fiber Optic)
887 -9200 (Pager 800 - 724 -3624)
- KMC (Fiber Optic)
813 -1124 (Pager 888- 204 -1679)
ChoiceCcm (Fiber Optic) 881 -5767 (Pager 850 - 2981)
CAPPOM (Fiber Optic) 512- 935 -0958 (Mobile)
Brooks Fiber Optic (MAN) 972- 753 --4355
A -12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as- -built drawings, base maps, utility
records, etc. and from as much field work. as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such. information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of. his operations to preclude damaging the existing facilities. if
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as. intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or Plumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A -13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists. and the public.
The Contractor will be required to. schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and 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
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary. permit from the City's Traffic
Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A -14 Construction Equipment Spillage and Traekin
Th,e Contractor shall keep the adjoining streets free of tracked and /or
spilled materials going to or from the construction area. Sand labor and /or
Section A - SP
(Revised 12/15/04)
Page 4 of 24
mechanical equipment must be used where necessary to keep these roadways
clear of job - related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A -15 Excavation and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dart that is capable
of providing a good growth of grass when applied with seed /sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation "; therefore, no direct payment will be made to Contractor.
A -16 Disposal /Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A -18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
cAL=amR 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.
Section A -- sP
(Revised 12/15/04)
Page 5 of 24
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.
A -19 Construction Project Layout and Control
The drawings may depict but not necessary include; lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
The Contractor shall furnish all lines, slopes and measurements necessary for
control of the work.
If, during construction, it is necessary to disturb or destroy a control
point or bench mark, the Contractor shall provide the City or Consultant
Project Engineer 48 hours notice so. that alternate control points can be
established by the City or Consultant Project Engineer as necessary, at no
cost to the Contractor. Control points or bench marks damaged as a result of
the Contractor's negligence will be restored by the City or Consultant
Project Engineer at the expense of the Contractor.
- 0111— _ _ _ _ _ •
• —All rimeiaaert elevatiens at manh des;
All inteEseeting 1 6nee in faan ielesy-
Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits).
Section a - SP
(Revised 12/15/04)
Page 6 of 24
, beth
- , in the
F
Engineer to revise
t1ke dra:wi�s-
- 0111— _ _ _ _ _ •
• —All rimeiaaert elevatiens at manh des;
All inteEseeting 1 6nee in faan ielesy-
Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits).
Section a - SP
(Revised 12/15/04)
Page 6 of 24
, beth
- 0111— _ _ _ _ _ •
• —All rimeiaaert elevatiens at manh des;
All inteEseeting 1 6nee in faan ielesy-
Gasing elevatlens (top of pipe and.fiew line.) (TXDOT and RR permits).
Section a - SP
(Revised 12/15/04)
Page 6 of 24
All l tep _o of valves
. *
Valves vaults
�r
-
•— All -r /ixrvert ele-vatiens at manheles;
.— All _!_nterseeting lines in man reles;
0Gasing ele-vatiens - (top -of-- pipe -and flew line) (mvnnm fad ran p 3....,:ts)
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.
fellewing drawings —(A tae•Fi:Ltent !V) the signs -- Htust be installed -be €ere
eqnstEuetlen begARs and will be maintained thi=eugheat the Pr-ejeet period 4)Y
the GentraeteE. The leeatA:en of the signs will be deteEmined In the fleld by
the Gity Engineer-.
A -22 Minori /m*norit Buslness_EnteEerlse Partial ation Poll (Revised 7.0/98)
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
Section A - SP
(Revised 12/15/04)
Page.7 of 24
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 51.0% of. the assets or interest in the
partnership property. must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Pa ents
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 t
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.
Section A - SP
(Revised 12/15/04)
Page 8 of 24
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 % is %
b. These goals are applicable to ali the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders.. The hours of minority employment must be
substantially uniform throughout the length of the Contract and.in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
Engineer., The Contractor is to indicate the percent of minority and
female participation, by trade., which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been. achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi- weekly payrolls in a timely fashion or to submit overall
participation information as required..
A -23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the baild -`
Beeraapaaey, when ap.plleable. 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 Sure 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
Section A - SP
(Revised. 12/15/04)
Page 9 of 24
the bond amount that exceeds ten percent (10 %) of the Surety
Company's c
apical and surplus with reinsure
r(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 capita, 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."
Seetien B-6-22, Tam
fellewlny substituted
tax
is
Gemptreller.
. �.
its entirety and the
(NOT
Smempt�eR
USED)
Pr&i-i.sien,
in lleaa
deleted
in
theree€.
I— 7-eally
. ---vide resale eer-tifieates
te suppliers.
, he
pr-epesal vali�Ee of
materials.
Sales, must pay fer all
Exelse,
preiffalgated by he Cemptr-elleE
Taxes applieable
r
of Pub!4:e
Aeeeuntsef=
Teifas
-..
i. Obtain the neeeesa�-ysales
tax
f-r-em the State
Gemptreller.
. �.
2. identify in the
apprspElate
permits
spaee
erk the "
,.
I— 7-eally
. ---vide resale eer-tifieates
te suppliers.
, he
pr-epesal vali�Ee of
materials.
Sales, must pay fer all
Exelse,
and Use
Taxes applieable
to this Prejeet.
also eemplies with the above reEfaii�ements: The Gent,-aeter- raust Issue a
A-26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B -6 -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
Section A - SP '
(Revised 12/15/04)
Page 10 of 24
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 7$469 -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:
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,
W 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.
Seotlon A— SP
(Revised 12/15104)
Page 11 of 24
€er the ter-m
the- C-
to
including- -the date
eever-age ef
entra•et
up
and - -ire
Meater be
"All:
Risk" €erg.
CeRtreeter ,
ate.
eever -age m sb
an
mist y _,
insurance -- inel
,&ELii:iq
deduetible
'Phe Eity be
eevrege,
any
. -must named
Seotlon A— SP
(Revised 12/15104)
Page 11 of 24
A- 28— Gens1derat -lure for Gentwaet Award and xeeatiaa w
.f the Gity Engineer- te dete,-ieine that the bidder 4ts able te per-ferm
, the Glt-y
Whether any liens have
been filed
bidder for
either failure t,& J
specify the name
lien, the
r
against
withlfi the pr-eeediiag
within the -p eeeding- two
(2) Tire
bidder
year-s.
years_
— shall
elaim, and an emplanatloR
why the elaim has
basmW ger- the lien elali�,
and the date
eg the release
ef the .
any soh —lien has . —
been released,
the bidder
State why
elaim has Rat been paidi
and
finanelal
k�
r
withlfi the pr-eeediiag
twe (2) The
bidder
name
w
year-s.
shall speeify the
elaim, and an emplanatloR
why the elaim has
not been paid.
finanelal
r
�
r
r
A -29 Contractor's Field Arimin; stration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer. -'
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not. necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal. and state wage rate
requirements, and City contract closeout procedures.
The r- ;ntendent shall be present, on the job site, at all tithes that work is
using performed.
2. Foremen, if utilized, shall have at the 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 -� 3 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
section A - SP
(Revised 12/15/04)
Page 12 of 24
Contract. if the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements -ml its field adninistration
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 "Gans idermat�Loa off Centmeet" Re(FAVements
,.
pr-epesals, the- three -{-3}- apparent lewest biddeEs- -(ba5 en the Base Bid ;n,y)
faust -st* it to tie -City Engineer thze f , , _ _ g n fer- ., tlea.
1 -._. -Tn 1i,tt of the -majeE eempenents of the were;
der eempenefit of theme
The names and ad.drre5ses
• t entrnet , aleng with
ef. MS
deseript ien
�&6ms that
t1iF--.
par-tielpate
in
dellnr
a
of
—weft and
aaae'ant =
eeeh f4:rtt, and stantiabiei
either-
th.r -euo
a- ppr-- epriabe
e..rt f- ea ; e
-
will be- reqaired -if
e.l e arty - slier - -th
the- Gemreeter
is- air -MBE.
if the
respenses de P--et
,
Engineer-, that a good
pe ssib le .
faith effort
has, ift
faet, been
made to abet 8
MM
submitted te the Gity- Engineer- at the ,
Section A - SP
(Revised 12/15104)
Page 13 of 24
10 - Wlthim five (8) days epe-ing,
IftfeEmatAOn ldeatizf�Fiftq
Submit
in letteL- i
type eff entity and
state,
i.e.r
Tle3as 103e ethe�-
A -31 Amended Policy on Fxtra 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 'Tammtian of Contract" is
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. GentEaete�- is re ded�e
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.
Section A - sP
(Revised 12/15/04)
Page 14 of 24
Operation
-
of
Glt�y-Owaed
EqudVmant
NNO
-
- �- -
- -
Operation
-
of
Glt�y-Owaed
EqudVmant
r
operate,
aw
mw r
r
aalFwe' - eefaipfent—
;re—lateedl
the Giiy
G. Preteetxea
te GiLty
switx�,
faellity
breaker-,
eent-rel,
time.
o-- any ether-
'All Items
Items.
be-
water
at
mW
sueh
must
'Water
Department
.
e
ie the jeb
gepartmeFit
All materials
an
its
the r;t..
.rate
-site
to
shall
-
eeerdinate
the-
the
were
with - -1
.ably,
preteet
Eraiality
of
water.-
in the
ased
and
equipment
repa}E, -----
traaspsrtatie€
, reinatallatiear
and
inspeet-ien
of pumps,
or-
any
eeRfetfff
Sanitation
r
to
w44eh eeeld
AmerieaR
eeme
Natieaai
late
eentaet
St-
with
r.. i tet INat
, Fwast
; ,
-, i
Feundatien
Standard
andards,
s
63 deseribed
in
- (ANS17tNSF)
as
the
- _ �s�rrr_ s�err_- r_ �err��wrr _s�err_r_�- r_i..�.►���er+_
INNEW
LIMPFIC
Section A - SP
{Revised 12/15/04}
Page 15 of 24
.......tea.. - - -
te
the eempeteE
- - - - -- 1� _ -- illillill
-
.eeMPanY name
- - - - W-00", ■ - - - -
Identifieatlen.
employee
Plant telephones
H. WeEkiftg hea�rs will
awe
for
as deter-mined
not availabje
be 4100 A.M.
te 5.200
the
P.M., Monday thvu Friday--
mus-tp--9aide- ewrt.-saa}ta,-y-
€a�������s
week - }neludes,
.......tea.. - - -
te
the eempeteE
- - - - -- 1� _ -- illillill
-
- - - - W-00", ■ - - - -
Baer -
te
the eempeteE
ased
mealteEing
and
eentrsl systean
must
as deter-mined
by
the
week - }neludes,
meeting
but is
limited
qualifie-at-ionis
to,r....medi
I thr-a 9 below.
€leazlens—
This.
ehange.s,
net
€urnishingy
...
addltre
seleetiens,
installing,
eenmeetiagr
r
-these speelfieazlee5.
He is regularly engaged in the eemputer-based faeniteaYing
and eeat el system business, preferably as appil ed fie- €fie
type, 2. He has performed wer-k ea aystems ef eempw=able size,
and eeplemxty -as r-eqfaired iR this EeFttraet -ea-at - least-
three - pEiel= pr-e j eete -.
3. He -has - been - ae- €ively- engaged in the- type -e€ werk -sp €i:
herein for at least 5 years.
,
Engineer, er an SleetEieal Engineer- to supervise erm
lae;e9eEm tine -weEk rea red by this sgeexf4!eatiens
and implementiag the spee} €ie eempaters, RTUGs, --- and
Se. €twar-e - epased for the Eentraet.
. r
speelfied herein.
manufaetur-er to the F937-aeti:eal eiFtent. Where this
preduet of ene ffiaR €eetuEer-.
5ectiox� A - SP
(Revised 12/15/04)
Page 16 of 24
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.
drawing-s-.
c. Submittal Transmittal. Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this section; and
sequentially number each transmittal .form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the. Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
- accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations; Contractor must identify any proposed variations from
,. the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
Section A - SP
(Revised 12/15/04)
Page 17 of 24
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. 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 -38 _Worker's Comp mration Coverage for Building or Construction Proieets for
Government Entities
The requirements of "Notice to Contractors 'B'" are incorporated by reference
in this Special Provision.
A-39 Gert1ficate off Geenpaney and Final_ Aueeptanee HOW USED
A-'40 Amendment to Section B -8--6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B -8 -6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net .invoice value of acceptable, non -- perishable materials delivered to the
Project worksite unless the Contractor. provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
Section A - SP
(Revised 12 115/94)
Page 18 of 24
hill, V am
A -38 _Worker's Comp mration Coverage for Building or Construction Proieets for
Government Entities
The requirements of "Notice to Contractors 'B'" are incorporated by reference
in this Special Provision.
A-39 Gert1ficate off Geenpaney and Final_ Aueeptanee HOW USED
A-'40 Amendment to Section B -8--6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B -8 -6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net .invoice value of acceptable, non -- perishable materials delivered to the
Project worksite unless the Contractor. provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
Section A - SP
(Revised 12 115/94)
Page 18 of 24
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
notify Contractor about ozone alert. If a delay such as this is experienced,
the day will not be counted as a work day and the Contractor will be
compensated at the unit price indicated in the proposal.
A -42 OSHA Rules & Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA. rules and regulations while performing any and all City - related projects
and or jobs.
A -43 Amended Indemnification & Hold Haxmless
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, materialman, or their officials, . employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
- materialman, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A -44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown. as to all prices charged for work
of the change order (unit prices, hourly rates, sub- contractor's costs and
breakdowns, cost of materials and equipment, wage rates., etc.). This
breakdown information shall be submitted by contractor. as a basis for the
price of the change order.
A -45 As -Built Dimensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
r- 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.
r--
(2) Changes in equipment and dimensions due to substitutions.
Section A - 3P
(Revised 12/15/04)
Page 19 of 24
(3) "Nameplate" data on all installed equipment.
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made..
r
pipelliae-
KARAM
•• ■
in the water-,
high levels
�-;11111
partieular-Qy
ef ehlerine,
used fer
wetlands er
env-i-reniftei;itally
These
a eh
as EPA,
sensitive areas. are
ete.
r-egelated
by R-emerei
Y
r
all water
used
in the
The dispesal
he
the Gity
fer
prejeet.
There
metheds ef
be
shall
si—ibm—itted
dispesal
ahlerinated
water.
appre-9-al.
Gentraeter
shall ne separate -pay
the Gity's
fer
ef hi:ghl-y
shall net. use
sanitary
sewer syste-In
r
pipelliae-
r
-p Rg r-r-
A -48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires- There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Section A - SP -�
(Revised 12/15/04)
Page 20 of 24
KARAM
•• ■
r
-p Rg r-r-
A -48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires- There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Section A - SP -�
(Revised 12/15/04)
Page 20 of 24
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 -11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or. remedies .available to the - City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A -50 Amended Prosecution and Progress
Under "General Provisions and Requirements for Municipal Construction
Contracts ", B--7 Prosecution and Progress, add.the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract_ if the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization /remobilization' costs Such costs shall be addressed
through a change order to the contract."
ilea the
Prepeeal
1 TI;Ru
13-9 13), 1?iGLU9IVL.
The -vim`_
ef,
list
bid
(SHEETS:
items
(-jneladiRg
deduetl-Fe
pElnt.
will a1g:
Pr-epesa-1
Sheets
any
THP�U 10
additive er
9F 13) the Gentr-ae-ter-
alternates)
eentained en
(3
: --- -if
cheeses -te
14,
r
r.
Tzn r
skgnaturey ether -the last bid item!
SeCtion A - SP
(Revised 12/I5/04)
Page 21 of 24
1. 'Gentr-aet,er, h .r,.w t
the infermatlen frem thispria —_
are unit pr-lees and— no- -ether old -
be determined by the bid IV) in
will multiplying unit priee (Gelufan shewn
SeCtion A - SP
(Revised 12/I5/04)
Page 21 of 24
A -52 Value Enzineerina
The Contractor's attention is directed to paragraph B -4-•5 Value Engineering
Incentive Procedures, of the General Provisions, which states: "After award
of the contract, the Contractor may develop and submit, to the City Engineer,
Value Engineering Change Proposals (VECP'S) identify potential reductions in
the contract cost by effective changes to the contract plans and
specifications." Therefore, the Contractor shall fully examine the plans,
specifications and contract documents, as well as, the project location,
construction phase schedule in Appendix C, traffic control plans, method of
award, contract calendar days and liquidated damages, and all other major
items involved in the scope of the project to judge for itself the w
circumstances and difficulties affecting the work to be performed and obtain
all information required to make an intelligent proposal.. The Contractor's
attention is further directed to paragraph B--2 -3 Examination of Plans,.
Specifications and Site of the Work, of the General Provisions. In other
words, the Contractor shall complete. it's proposal to the best of it's
ability, as currently provided.
su�-E-aees subjeet te dusting shall be I-ept me4:st with water- ar- appileatlens ef
• Whea praetieable, dusty materials in piles
system, In traas4�t shall be-
e--- blewing dust.
and flew is ptwpiped te a leeatien that allews fer- sheet flew prier- te
ieaving the designated werle aa�ea er by manmade berms prier te eeter-Ing the
steEm water- system. Rheet: flew and pending is te allow ee!�6ds and-
Section A - 3P
(ROVISed 12/15/04)
Page 22 of 24
it IS the
Aatent
Mew than. the reee&ving
stream (ego
at the
creeiE)
Gity's
r
�.
with the
of eenstEuet
Gity, en all testift4�.
}en is started
will alse be perfer-!ffied as eeeh
new area
Section A - 3P
(ROVISed 12/15/04)
Page 22 of 24
by ease ba
plant,
Gity will pay fe�-
"no
,.
aRy water
test!Rg
qlaality
er water- afialysis eest required.
f
,
Section A - 3P
(Revised 12/15/04)
Page 23 of 24
SUBMITTAL TRANSMITTAL FORS!
PROJECT:. WESLEY SEALE DAM SECURITY PENCE; PROJECT No. E11119
OWNER: CITY OF CORPUS CHRISTI
ENGINEER:
CONTRACTOR: BARCOM COMMERCIAL,INC. + +
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A. - SP
(Revised 12 /15/04)
Page 24 of 24
PART B
GENERAL PROVISIONS AND
REQUIREMENTS FOR MUNICIPAL
CONSTRUCTION CONTRACTS
TABLE OF CONTENTS /PAGE 1 OF 2
r ..
(rev. Nov /94)
SECTION B
GER9 AL ]PROVISIONS AND untEMENTS
FOR MBNICIPAls CONSTRUCTION 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
13-2-S
Addenda . . . . . . . . . . . . . . . . . . . . . . . .
. 4
B -2 -6
Pre -Bid Conference . . . . . . . . . . . . . . . . . . . .
. 5
B -2 -7
Preparation of Proposal . . . . . . . . . . . . . . . . . .
. 5
B -2 -8
Proposal Guaranty . . . . . . . . . . . . . . . . . . . . .
. 5
8 -2 -9
Filing of Proposal . . . . . . . . . . . . . . . . . . . .
. 5
B -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
B -2 -15
Disqualification of Bidders . . . . . . . . . . . . . . . .
b
-- 8-2-16
Disclosure of Interests . . . . . . . . . . . . . . . . .
6
E -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
B -3 -4
Surety Bonds . . . . . . . . . . . . . . . . . . . . . .
. B
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
8 -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 -S
Value Engineering Incentive Procedures . . . . . . . . . .
. 10
B -4 -6
Extra Work . . . . . . . . . . . . . . . . . . . . . . . .
. 11
B -5 Control of the Work and Materials
B -5 -1
Authority of the City Engineer . . . . . . . . . .
. 11
73-5 -2
Authority of Duty of Engineers or Inspectors . . . . . . .
. 11
B -5 -3
Conformity with Plans . . . . . . . . . . . . . . . . . . .
. 11
3 -5 -4
Existing Structures . . . . . . . . . . . . . . . .
. 11
B -5 -5
Coordination of Plans, Specifications, Proposal
& Special Provision , . . . . . . . . . . . . . . . .
. 12
r B -5 -6
Cooperation of Contractor . . . . . . . . . . . . . . . . .
. 12
B -5 -7
Construction Staking . . . . . . . . . . . . . . . .
. 12
B -5 -8
Source of Supply of Materials . . . . . . . . . . . . . . .
. 13
B -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
B -5 -13
Final inspection . . . . . . . . . . . . . . . . . . . . .
. 14
B-5 -14
Warranty Inspection . . . . . . . . . . . . . . . . . . . .
14
TABLE OF CONTENTS /PAGE 1 OF 2
r ..
(rev. Nov /94)
TABLE OF CONTENTS /PAGE 2 OF 2
(rev. Nov /94)
Yf
�f
33_6 Le al
Relations and Public RegRqnsibil it
14
B-6-1
Laws to be observed . . . ... . . . . . . . . . . . . . .
14
B -6 -2
Permits and Licenses . . . . .. . . . . . . . . . . . . . .
15
B -6 -3
Patented Devices, Materials and Processes . . . . . . . . . .
B -6 -4
.
sanitary Provisions - . . . . . . . . . . . . . . . .
15
15
B -6 -5
Public onveniences and Safe ty . . . . . . . . . . . .
C
. -i
B -6 -6 'Privileges
of contractor in Streets, Alleys and Right --of -Way
16
B -6 -7
Railway Crossings . . . . . . . . . . . . . . . . . . . .
16
B -6 -8
Traffic Control Devices . . . . . . . . . . . . . . . . . .
16
16
5 -6 -9
Use of Explosives . . . . . . . . . . . . . . . . . . . . . .
16
B -•6 -10
Protection and Restoration of Property . . . . . . . . . . .
B -6 -11
Responsibility for Damage Claims . . . . . . . . . . . . . .
17
S -6 -12
Contractor's Claim for Damages . . • . . . . . . . . . . .
19
B -6 -13
Public Utilities and Other Property to be Changed
19 4
B -6 -14
Temporary Sewer and Drain Connections . . . . . . . . . . . .
19
B -6 -15
Arrangement and Charge for Water Furnished by the City . . .
19
B -6 -16
Use of fire Hydrants . . . . . . . . . . . . . . . . . . . .
19
B -6 -17
Use of a Section or Portion of the Work . . . . . . . . . . .
19
B• -6 -18
Separate Contracts . . . . . . . . . . . . . . . . . . . . .
20
B -6 -19
Contractor's Responsibility for the Work . . . . . . . . . .
20
B -6 -20
No Waiver of Legal Right . . . . . . . . . . . . . . . . . .
20
B -6 -21
Indemnification and Hold Harmless . . . . . . . . . . . . .
20
B --6 -22
Tax Exemption Provisions . . . . . . . . . . . . . . . . . .
20 -J
B -7 Prosecution and Progress
B -7--1
Subletting the Work . . . . . . . . . . . . . . . . . . . . .
21
B -7 -2
Assignment of Contract . . . . . . . . . . . . . . . . . . .
21
B -7•-3
Prosecution of the Work . . . . . . . . . . . . . . . . . . .
21
B -7 -4
Limitation of Operations . . . . . . . . . . . . . . . . . .
22
B -7 -5
Character of Workmen and Equipment . . . . . . . . . .
22
B -7 -6
Working Hours . . . . .
22
B -7 -7
..
Time of Commencement and Completion . _ .
22
H -7 -8
Extension of Time of Completion . . . . . . . . . . .
22
B -7 -9
Computation of Contract Time for Completion . . . . . . . . .
23
B -7 -10
Failure to complete on Time . . . . . . . . . . . . . . . . .
23
B -7-11
Suspension by court order . . . . . . . . . . . . . . . . . .
23
B -7 -12
Temporary Suspension . . . . . . . . . . . . . . . .
23
B• -7 -13
Suspension of Work and Annulment of Contract . . . . . . . .
24
B -7 -14
Termination of Contract . . . . . . . . . . . . . . . . . .
25
B -e Measurement and Payment
B -8 -1
Measurement of Quantities . . . . . . . . . . . . . . . . . .
25
B -8 -2
Unit Price . . . . . . . . . . . . . . . . . . . . . . . .
25
B -8 -3
Scope of Payment . . . . . . . . . . . . . . . . . . . . . .
25
B -8 -4
Payment for Extra Work . . . . . . . . . . . . . . .
26
B -8 -5
Policy of Extra Work and Change Orders . . . . . . . . . . .
26
B-8-6
Partial Estimates . . . . . . . . . . . . . . . . . . . . .
27
B -8 -7
Withholding Payment . . . . . . . . . . . . . . . . . . . . .
27
B -8 -8
Final Cleanup . . . . . . . . . . . . . . . . . . . . . . . .
27
B -8 -9
Final Acceptance . . . . . . . . . . . . . . . . . . . . . .
28
9-•8 -10
Final Payment . . . . . . . . . . . . . . . . . . . . . . . .
28
B -8 -11
Maintenance Guaranty . . . . . . . . . . . . . . . . . . . .
28
TABLE OF CONTENTS /PAGE 2 OF 2
(rev. Nov /94)
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
CITY OF CORPUS CHRISTI, TEXAS
B -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.
Citv 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.
Cit Y Secreta 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
r- of hours worked in excess of the (6) hour minimum. Saturday will not be charged
(rev. Nov /94)
PAGE 1 OF 28
as a working day unless work of any type requiring the presence of the Sagineer
is in fact carried on for any period of time during the day.
On Sundays and legal holidays on which, by previous written permission of the
Engineer as elsewhere provided, the Contractor works as much as four hours on
some unit of the contract, two working days shall be charged. If, under such
permission, work is commenced but proceeds less than four hours, one working day
shall be charged. In the determination of the hours above, no deduction shall
be made for lunch time taken.
Contractor: The person, persons, partnership, company, firth, association,
corporation, or joint venture entering into contract for the execution of the
work, acting directly or through a duly authorized representative.
Engineer: Assistants, agents, engineers, inspectors, or superintendents duly
authorized by the City Engineer and acting within the scope of the particular
duties entrusted to them.
General Provisions: This Section B of the specifications.
Holidays: The terms regular holidays and legal holidays, for the purposes of
charging working days, control of working days and hours, and wages of employees,
shall include the following:
January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days
Memorial Day Labor Day Christmas Day
Maintenance Guaranty: The approved form of security furnished by the
Contractor and his surety as a guarantee that he will maintain the work
constructed by him in good condition for the period of time required. This shall
be in accordance with the provisions of the specifications and may be made a part
of the Performance Bond.
Payment Bond: The approved form of security furnished by the contractor and
his surety for the use and benefit of the City as a guarantee for the protection
of all claimants supplying .labor and/or material in the prosecution of the work
provided for in this contract.
Performance Bond: The approved form of security furnished by the contractor
and his surety for the use and benefit of the City as a guarantee of good faith
on the part of the Contractor to execute the work in strict accordance with the
plans, specifications, and terms of the contract, and that the Contractor will
maintain the work constructed by him in good condition for the period of one year
or such other period of time as may be specially provided.
Plan or Plans: All the drawings pertaining to the contract and made a part
thereof, including such supplemental drawings or addenda as the City Engineer may
issue in order to clarify other drawings or For the purpose of showing changes
in the work hereinafter authorized, or for showing details not shown thereon.
Proposal: The written statement or statements duly filed with the City
Secretary of the person, persons, partnership, company, firm, association,
corporation, or joint venture proposing to do the work contemplated, including
the approved form on which the formal bids for the work are to be prepared_
Proposal Guaranty: The bid security designated in the advertisement and
proposal to be furnished by each bidder as.a guarantee of good faith.to enter
into a contract with the City and execute the required bonds for the work
contemplated after the work is awarded him.
Special Provisions; The special clauses setting forth conditions or
requirements peculiar to the specific project involved, supplementing the
standard specifications, and taking precedence over any conditions or
requirements of the standard specifications with which they are in conflict.
(rev. Nov /94)
PAGE 2 OF 28
-j
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 dualities or quantities of the
material to be furnished under the contract.
Sureties: The corporate bodies which are hound 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 may anoly. the intent and meaning shall be as follows:
A.A.S.R.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.P.
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.
hfu dmum
A.W.P.A.
American Wood Preservers Association
Motto.
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 Property
Conc.
Concrete
P.'V.C.
Poly Vinyl Chloride
Cond.
Conduit
R.
Radius
Carr.
Corrugated
R.C.P.
Reinforced Concrete Pipe
C.P.& L.
Central Power & Light Company
Reinf.
Reinfirced
Cu.
Cubic
Rem.
Remove
Culv.
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.
Streit or Storm
Exist_
Existing
Std.
Sbodard
F.
Fahrenheit
S.Y.
Square yard
F.L.
Flaw 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
Grazer
mgm
Maligtarn
kgm
Kilogram
nun
Millitneter
krn
Kilometer
other a revtauorks at may appear shall have a meanrng customan y 1 in such usage.
r�
(rev. Nov /94)
PAGE 3 OF 28
B -2 PROPOSAL
S AND : CDNDiTTONS
TM.
B -2 -1 Prouosal Foxm:.
The City will furnish bidders with proposal f'
orms which state... the general
location and description of the contemplated work, and which will contain an
itemized list of items of work to be done or materials to be furnished, and upon 7
which bid prices are asked. The proposal form will provide for the amount of
Proposal guaranty, the contract time, and the acknowledgement of addenda
received.
B -2 -2 Quantities-in-Proposal Forst:
The quantities of the work and materials set forth in the proposal form or on
the plans approximately represent the work to be performed and materials to be
furnished and are for the purpose of comparing the bids on a uniform basis.
Payment will be made by the City to the Contractor only for the actual quantities r
of work performed or materials furnished in accordance with the plans and
specifications, and it is understood that the quantities may be increased or
decreased as hereinafter provided without in any way invalidating the bid price.
13-2-3 Examination of Plans. SPggifications and Site of the _work:
Bidders are advised that the plans and specifications and other documents on
file with the City .Engineer shall constitute all of the information which the
City will furnish. Bidders are required, prior to submitting any proposal, to
read the specifications, proposal, contract, and bond forms carefully; to visit
the site of the work; to examine carefully local conditions, soil and water
conditions to be encountered, improvements to be protected, disposal sites for
surplus materials not designated to be salvaged materials, methods of providing
ingress or egress to private properties, and methods of handling traffic; to
inform themselves, by their independent research, tests, and investigation, of
the difficulties to he encountered and judge for themselves of the accessibility
of the work and all attending circumstances affecting the cost of doing the work
or time required for its completion; and obtain all information required to make
an intelligent proposal. No information given by the City or any official
thereof, other than that shown on the plans and contained in the specifications,
proposal, and other documents, shall be binding upon the City. Bidders shall
rely exclusively upon their own estimates, investigations, tests, and other data
which are necessary for full and complete information upon which the proposal may
be based. It is mutually agreed that submission of a proposal is evidence that
the bidder has made the examinations, investigations, and tests required herein.
B- -2- 4.Fozms, Plans and Specifications:
Unless otherwise specified in the Notice to Bidders and Special Provisions,
forms of proposal, contract and bonds and plans and specifications may be
obtained at the offices of the City Engineer in the City Hall upon making a Plans
Deposit as designated, which sum so deposited will be refunded provided the
prospective bidder returns all documents, except proposal form if bidding, to the
offices of the City Engineer within two i2? weeks from and after the time and
date of receiving proposals. If the prospective bidder does not comply with this
requirement, the sum of the Plans Deposit shall become the property of the City
of Corpus Christi, Texas.
B -2 -5 Addenda:
Addenda to the plans and specifications, which are formal written notices of
additions, deletions, modifications, or explanations of contract documents from -
the City to prospective bidders in advance of the bid date, may be issued by the
City Engineer. Such addenda will be mailed immediately to the address designated
by prospective bidders taking out plans, specifications, and proposal forms.
(rev. Nov /94)
PAGE 4 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 -2 Pre aration 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 (5%) 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- 9WiRS „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".
H -2 -10 Withdrawing Proposals:
Proposals filed with the City Secretary cannot be withdrawn or modified prior
r~ 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. Nair/ 94 )
PAGE 5 OF 28
B -2 -11 Ca.n:cellation of Bid eni.n ;
The City may, at any time, before any bids are actually opened, cancel the
opening of the bids
and return all bids unopened.
.�
8 -2 -12 enin Pro osals:
The proposals filed with the City Secretary will be opened at the time stated
..�
in the advertisement and publicly read aloud and shall thereafter remain on file
with the City. Na contract will be entered into based upon such proposals until
after forty -eight (48) hours shall have elapsed. Proposals not accompanied by
the required proposal guaranty will not be read.
B -2 -13 lrrecmlar P asalsr
Proposals will be considered irregular if they show any omissions, failure to
properly account for duly issued addenda, alterations of form, additions,
conditions not called for, unauthorized alternate: bids or irregularities or
qualifications of any kind. However, the City reserves the right to waive any
irregularities and to make the award in the best interest of the City.
8 -2 -14 Rejection of P osals:
The City reserves the right to reject any or all proposals, and all proposals
submitted are subject to this reservation. Proposals containing any
-�
irregularities or showing an unbalanced value of any items may be rejected.
Proposals will be rejected for any of the following specific reasons:
(a) Proposal received after the time limit for receiving proposals as
stated in the advertisement.
(b) Proposal submitted without the required bid security.
(c) Proposal submitted and not sealed and /or identifiable to a particular
project.
B -2 -15 Disqualification of Bidders:
Bidders may be disqualified and their proposals not considered for any of the
following specific reasons:
(a) Reason for believing collusion exists among the bidders.
(b) Reasonable grounds for believing that any bidder is interested in more
than one proposal for the work contemplated.
(c) The bidder being interested in any litigation against the City.
(d) The bidder being in arrears on any existing contract, having defaulted
on previous contracts, or being delinquent in the payment of City
taxes.
(e) Uncompleted work which, in the Judgment of the City, will prevent or
hinder the prompt completion of additional work if awarded.
(f) Previous experience investigation reveals poor, incomplete,
unacceptable, or inferior work performance and prosecution and lack of
fiscal responsibility in paying for services, labor, or products
rendered on such previous work.
B-2-16 Disclosure of intereats:
All entities desiring to do business with the City of Corpus Christi are
U
required to provide a Disclosure of interests. The required form is included as
a part of the proposal. Prospective bidders may submit the form with their
(rev. Nov /94)
PAGE 6 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.
13-3 AWARD AND EpgCUTIDN of Ct7NTRP�CT:
B -3 -1 Consideration of Contract:
After proposals are opened, the proposals will be tabulated for comparison on
the basis of the bid prices and quantities shown in the proposal. Until final
award of the contract, the City reserves the right to reject any or all proposals
or proceed to do the work otherwise in the 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 be 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 (48) hours shall have elapsed from the time
of opening proposals.
B--3 -3 Kcru al _QpPortunitir 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 Duman 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
7
L
B -3 -4 surety Bonds•.
With the execution and delivery of the contract, the Contractor shall - _furnish �
bonds ile with the City, in the.-amounts herein required, the following surety
(a) Performance Bond: A good and sufficient bond in an amount equal to one 1
hundred percent (100 %) of the-approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
faithful execution of the work and performance of the contract, and for the
Protection of the City and all other persons against damage by reason of
negligence of the Contractor, or improper execution of the work, or the use of
inferior materials. This bond shall provide for the repair and maintenance of T'
all defects due to faulty materials, faulty . combinations of materials, and /or
faulty workmanship that appear within a period of one year from the date of
completion and acceptance of the improvement by the City, or such lesser or
greater period as may be designated in the Special Provisions. A Performance
Bond will not be required if the contract . amount does not exceed $25,000.00.
(b) Payment Bond: A good and sufficient bond in an amount equal to one
hundred percent (100) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
proper protection of all claimants supplying labor and /or material in the
prosecution of the work provided for in said contract and for the use of each
such claimant. A Payment Bond will not be required if the contract amount does
not exceed $25,000.00.
(c) Other Bonds: Other bonds, if required in the Special Provisions.
No surety will be accepted by the City who is now in default or delinquent on
any bonds or who is interested in any litigation against the City. All bonds
shall be issued by an approved surety company authorized to do business in the
State of Texas and acceptable to the City, and the surety shall designate an
agent who is a resident of Nueces County, Texas. Each bond shall be executed by
the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given the Contractor to that effect, and the Contractor
shall immediately provide a new surety satisfactory to the City. No payment will
be made under the contract until the new surety, or sureties as required, has
qualified and been accepted by the City. "The contract shall not be operative nor
will any payments be due or paid until approval of the bonds has been made by the --
City.
The City requires that the Power of Attorney submitted with any surety bond
(Performance, Payment, etc.) be signed with an original signature and properly -
dated and sealed. In the event a facsimile Power of Attorney is used, the City
must have on file a sworn statement from an officer of the surety company to the
effect that the agent who signs the bond form for the surety is currently in good
standing with the surety. It is also required that the facsimile be a true copy
of the original Power of Attorney on file among the records of the surety in its
home office, not be amended or abridge, still be in full force and effect, and
that the City will be notified in the event of cancellation of the particular
agent-
B -3 -5 Execution of Contract:
The person or persons, partnership, company, firm, association, corporation,
or joint venture to whom a contract is awarded shall, within ten (10) calendar
days after such award and after the Contractor has been requested to execute the
documents, sign the required contract, furnish the required insurance
certificates, and execute the required bonds. No contract shall be binding on
the City until it has been attested by the City Secretary, approved as to form
by the City Attorney, executed for the City by the City Manager, and delivered
to the Contractor.
(rev. Nov /94)
PAGE 8 OF 23
B -3 -5 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.
R -4 SCOPE OF WORK:
BB4 -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 5ubsidiarsr 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 made
subsidiary to the established pay item.
8 -4 -3 Increased or Decreased Quantities of Workz
(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 (5 %) 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 (125 %) 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 (12S !k) of the quantity stated in the
proposal.
(d) when the quantity of work done or materials to be furnished under amy
Major Item of the contract is less than seventy --five percent (751) 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
r-
L. .
(rev. Nov /94)
PAGE 10 OF 28
(e) Any revised consideration is to be determined by special agreement or as
is hereinafter provided under "Payment for Extra Work".
B -4_4 Alteration of Plans and S eci.fications:.._ _
The City reserves the right to make such changes in the plans and
specifications and in the character of the work as may be necessary or desirable
to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general
nature of the work as a whole. Such changes shall not be considered as waiving
or invalidating any condition or provision of the contract and bonds.
B -4 -5 value Eggineeming Incentive Procedures:
After the award of the contract, the Contractor may develop and submit, to the
City Engineer, Value Engineering Change Proposals (VECP PIs) identifying potential
reductions in the contract cost by effective changes to the contract plans and
_
specifications- Any VECP submittal shall include the following:
(1) The present contract requirement and description of the proposal change
including any modifications to the plans and specifications.
(2) The comparative advantages and disadvantages of both the present
requirement and the proposed change.
(3) An analysis of how the proposed change will alter the function,
characteristics and /or performance of a component.
(4) A separate detailed cost estimate comparing the cost of the existing
requirement and the cost of the proposed change including any costs which might
be incurred in testing or evaluation of the proposed change.
(5) A comparative projection of the operational and maintenance costs of the
existing requirement and the proposed change.
(6) A projection of the latest date which the VECP can be incorporated into
the contract to achieve maximum cost savings. Any effect upon completion time
or delivery schedule should also be noted.
-a
The City Engineer shall notify the Contractor of the status of the VECP within
thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City
Engineer shall be final. If the VECP is not accepted, written notification will
be provided detailing the reasons for rejection. Any VECP may be accepted in
whole or in part.
Execution by both parties of a change order to the contract covering the
proposed changes shall constitute approval of the VECP and authorization to
proceed with the changes. Until such time as the change order is executed, the
Contractor shall perform in accordance with the provisions of the existing
contract.
The Contractor's share of the savings resulting from approval of the VECP shall
be fifty percent (50 %) of the net cost savings calculated as follows:
Contractor's Share = .50 (existing contract requirement cost - proposed change
costs - testing and evaluation costs incurred by the City or Contractor).
This savings will be reflected on the change order approving the VECP and
authorizing the change. Deletion of contract work or construction items and
changes initiated by the City will not be considered as VECP's. In those
instances, the City will realize 1001 of the contract reduction or cost savings.
(rev. Nov /94)
PAGE 10 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 kIATERIALS
B -5--1 Authority of the ti
unknown, and the City assumes no responsibility for failure'to shown any or all
of these structures on the plans or to show them in their exact location. - it is
mutually agreed such failure will not be considered sufficient basis for claims
for additional, compensation - for -- extra work.in:.any manner whatsoever unless the
obstruction encountered is such as to necessitate substantial changes in the
lines or grades or requires the building..of special work for which no provision
is made in the plans and which is not essentially subsidiary to some item of work
for which provision is made. It is assumed that, as elsewhere provided,_ the
Contractor has thoroughly inspected the site, is informed as to the correct
location of surface structures, has included the cost of such incidental work in
the prices bid, and has considered and allowed for all foreseeable incidental
work due to variable subsurface conditions, whether such conditions and such work
are fully and properly described on the plans or not. Minor changes and
variations of the work specified and shown on the plans shall be expected by the
Contractor and allowed for as incidental to the satisfactory completion of a
whole and functioning work or improvement.
H -5 -5 Coordination of Plans. Sneci.fications, Pro osal and_Soecial Provisions:
The plans, general provisions, proposal, special provisions, standard
specifications and all supplemental documents are intended to describe a complete
work and are essential parts of the contract. A requirement occurring in any of
them is binding. In case of discrepancies, figured dimensions shall govern over
scale dimensions; plans shall govern over specifications; special provisions
shall govern over both general and standard specifications; and plans and
quantities shown on the plans shall govern over those shown in the proposal. The
Contractor shall not take advantage of any apparent error or omission in the
plans and specifications, and the city Engineer shall be permitted to make such
corrections or interpretations as may be deemed necessary for the fulfillment of
the intent of the plans and specifications. In the event the Contractor discovers
an apparent error or discrepancy, he shall immediately call this to the attention
of the Engineer.
5 -5 -6 Cooperation of Contractor:
The Contractor will be supplied with three (3) copies of the plans and
specifications. The Contractor shall have available on the work at all times one
copy of said plans and specifications. The Contractor shall give to the work the
consistent attention necessary to facilitate the progress thereof, and he shall
cooperate with the City Engineer, his authorized representatives, and with other
contractors in every way possible. The Contractor shall provide a competent
superintendent on the work at all times who is fully authorized as his agent on
the work. Such superintendent shall be capable of reading and understanding the
plans and specifications and shall receive and fulfill instructions from the City
Engineer or his authorized representatives. The Contractor shall provide all
facilities to enable the Engineer or Inspector to inspect the workmanship and
materials entering into the work. On marine work, the Contractor shall furnish
motorboat transportation as required by the Engineer for the purpose of
inspecting the work. The superintendent shall keep the City Engineer or his
representative informed of the work he is planning to do and the work schedule.
n -5 -7 Construction Stakin
The Engineer will furnish the contractor with lines, grades, and measurements
necessary for the proper prosection and control, of the work contracted for under
these specifications. Such stakes or markings as the Engineer may establish
either for his own use or the Contractor's guidance shall be preserved by the
Contractor until authorized by the Engineer to remove same. Unnecessary
destruction of stakes shall not be allowed by the Contractor. The Contractor
shall be bound to examine the stakes set and check the lines and grades thus set
against the plans and profiles, and shall be accountable particularly that
gutters, structures, and pipes which drain in a certain direction an the plans
do so drain when constructed.
(rev. Nov /94)
PAGE 12 OF 28
7
�J
B_5 -8 Source of Su 1 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 Ec
qualn 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.
Stc�aeage 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:
1 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
r
B- 5 -14 Warranty Inspection:
Forty -five (45) to sixty (60) days prior to the expiration of the maintenance
guaranty period as specified in the contract documents, a warranty inspection
will be made. The Contractor may be notified when this examination will be made
so that he or his representatives may be present.
Within the maintenance guaranty period, the Contractor when ordered by the
Engineer, shall repair, replace or rebuild such portions which are found to be
faulty because of materials or workmanship. The Contractor shall begin the
remedial work within ten (10) calendar days of written order by the Engineer.
In case the Contractor does not start remedial wok within the above time limit,
or in case of an emergency condition caused by faulty work, the City may take
remedial action and charge the cost thereof against the Contractor and /or his
surety.
B -6 LEGAL. RELATIONS AND PUBLIC RESPONSIBILITY:
8-6 -1 Laws to be observed:
The Contractor shall at all times observe and comply with all federal and State
Laws and City ordinances and regulations which in any manner affect the conduct
of the work and shall observe and comply with all orders,laws, ordinances and
regulations which exist or which may be enacted later by bodies having
jurisdiction or authority for such enactment. No pleas of misunderstanding or
ignorance thereof will be considered. The Contractor and his surety shall
indemnify and save harmless the City and all its officials, agents, and employees
against any claims or liability arising from or based on the violation of any
such law, ordinance, regulation or order, whether by himself or his employees.
B -6 -2 Permits and Licenses:
The Contractor shall procure all legally required building, plumbing,
electrical and other permits and licenses, pay all charges and fees (except City
fees) , give all notices necessary and incidental to the due and lawful
prosecution of the work, and arrange for all building, plumbing, electrical or
other inspections as appropriate.
(rev. Nov/ 94 )
PAGE 14 OF 28
beyond the lines or not in conformity -with 'the grades.. shown on the plans or as
given, save as herein - provided,, work done without. proper inspection, or any extra
or unclassified done without prior agreement
ewill
T
writing as to Prices shall be done attheu Contractor, risk d be
j
considered unauthorized and, at the option of the Engineer, may not be measured
~� .
and paid for and may be ordered removed at" the Contractors expense. Upon
failure of the Contractor to repair satisfactorily or to remove and replace
rejected, unauthorized, or condemned work or materials immediately after
receiving notice ..from_ the Engineer, the- Engineer will, -...af ter_ giving -- written
-`
notice to the Contractor, have the authority to cause defective work to be
remedied or removed and replaced or to cause unauthorized work to be removed, and
to deduct the cost thereof from any monies due or to become due the Contractor.
B -5 -13 Final Ins ectian.
w
The Engineer will make final inspection of all work included in the contract
as soon as practicable after the work is completed and ready for acceptance. if
the work is not acceptable to the Engineer at the time of such inspection, he
will inform the Contractor as to the particular defects to be remedied before
final acceptance will be made. Previous inspection by the Engineer or his
representatives during the course of the work shall not be interpreted as
approval or acceptance of work or materials which on final inspection are found
to be defective or note in accordance with the contract and its duly authorized
modifications.
B- 5 -14 Warranty Inspection:
Forty -five (45) to sixty (60) days prior to the expiration of the maintenance
guaranty period as specified in the contract documents, a warranty inspection
will be made. The Contractor may be notified when this examination will be made
so that he or his representatives may be present.
Within the maintenance guaranty period, the Contractor when ordered by the
Engineer, shall repair, replace or rebuild such portions which are found to be
faulty because of materials or workmanship. The Contractor shall begin the
remedial work within ten (10) calendar days of written order by the Engineer.
In case the Contractor does not start remedial wok within the above time limit,
or in case of an emergency condition caused by faulty work, the City may take
remedial action and charge the cost thereof against the Contractor and /or his
surety.
B -6 LEGAL. RELATIONS AND PUBLIC RESPONSIBILITY:
8-6 -1 Laws to be observed:
The Contractor shall at all times observe and comply with all federal and State
Laws and City ordinances and regulations which in any manner affect the conduct
of the work and shall observe and comply with all orders,laws, ordinances and
regulations which exist or which may be enacted later by bodies having
jurisdiction or authority for such enactment. No pleas of misunderstanding or
ignorance thereof will be considered. The Contractor and his surety shall
indemnify and save harmless the City and all its officials, agents, and employees
against any claims or liability arising from or based on the violation of any
such law, ordinance, regulation or order, whether by himself or his employees.
B -6 -2 Permits and Licenses:
The Contractor shall procure all legally required building, plumbing,
electrical and other permits and licenses, pay all charges and fees (except City
fees) , give all notices necessary and incidental to the due and lawful
prosecution of the work, and arrange for all building, plumbing, electrical or
other inspections as appropriate.
(rev. Nov/ 94 )
PAGE 14 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.
8 -6--4 Sanit 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 stoned 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 opinions 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 fare 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 Fare
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.
I
(rev. Nov /94)
PAGE 15 OF 28
L...
Where the work encroaches upon any right -of -way of any railway, the City will
secure the necessary easement for the work. Where railway tracks are to be
crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing the work or precautions for safety of
property and the public. All negotiations with the railway company, except for
right -of -way, shall be made by the Contractor. The railway company shall be
notified by the Contractor not less than five (5) days previous to time of his j
intentions to begin the work. The Contractor will not be paid direct
compensation for such railway crossing but shall receive only the compensation
for such railway crossing as set out in the proposal.
5 -6 -8 Traffic Control Devices:
Where the Contractor's operations are carried on in or adjacent to any - public
right -of --way or public place and which, in the opinion of the City Engineer,
interferes with normal vehicular and pedestrian traffic, the Contractor shall
take appropriate measures to protect persons, property and the work. such
measures shall include but not be limited to barricades, lights, signs, fences,
flagmen, and watchmen_ Such measures shall be taken to exclude or route
pedestrian and vehicular traffic around the work and area of operations.
Barricades,lights, signs and flagmen shall be utilized in accordance with the
Uniform Barricading Standards and Practices as adopted by the City.
The Contractor shall be responsible for all damages to persons, property and
the work occasioned by his operations and said responsibility shall not cease
until the project has been accepted by the City.
B -6 -9 Use of Sxulosiveg:
Should the Contractor elect to use explosives in the prosecution of the work,
the utmost care shall be exercised so as not to endanger life or property_ The
City shall not be held liable for damages done by the Contractor in the use of
explosives. The Contractor shall notify the proper representatives of any public
service corporation, any company or any individual not less than eight (8) hours
in advance of the use of explosives which might damage or endanger their or his
property along or adjacent to the work. wherever explosives are stored or kept,
they shall be stored in a safe and secure manner, and all storage places shall
be plainly marked "DANGEROUS MLPLOSIVES" and shall be under the care of a
competent watchmen at all times.
B -6 -10 Protection and Restoration of Progertya
Where the work passes over or through private property, the City will provide
such right -of -way. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner. The
Contractor shall be responsible for the preservation of and shall use every
precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
(rev. Nov /94)
PAGE 16 OF 28
5
-6 -6 Privil es of Contractor in Streets AIlq s and Ri ht -af -Wa
For the performance of the contract, the Contractor will be permitted to occupy
'
such portions of streets or alleys,or other public places or other right-of-way,j
as provided for in the ordinances. of the City, as shown on the plans or as
permitted by the Engineer. A reasonable amount of tools, materials and equipment
for construction purposes may be stored in such space but not more than is
necessary to avoid delay in the construction. Excavation and waste materials
shall be piled or stacked in such a way as not to interfere with spaces that may
be designated to be left free and unobstructed. Other Contractors of the City
may, for all purposes be required by their contracts, enter upon the work and
premises used by the Contractor, and the Contractor shall give to other
contractors of the City all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
B -6--7 RaiLMa Crossin s:
:
Where the work encroaches upon any right -of -way of any railway, the City will
secure the necessary easement for the work. Where railway tracks are to be
crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing the work or precautions for safety of
property and the public. All negotiations with the railway company, except for
right -of -way, shall be made by the Contractor. The railway company shall be
notified by the Contractor not less than five (5) days previous to time of his j
intentions to begin the work. The Contractor will not be paid direct
compensation for such railway crossing but shall receive only the compensation
for such railway crossing as set out in the proposal.
5 -6 -8 Traffic Control Devices:
Where the Contractor's operations are carried on in or adjacent to any - public
right -of --way or public place and which, in the opinion of the City Engineer,
interferes with normal vehicular and pedestrian traffic, the Contractor shall
take appropriate measures to protect persons, property and the work. such
measures shall include but not be limited to barricades, lights, signs, fences,
flagmen, and watchmen_ Such measures shall be taken to exclude or route
pedestrian and vehicular traffic around the work and area of operations.
Barricades,lights, signs and flagmen shall be utilized in accordance with the
Uniform Barricading Standards and Practices as adopted by the City.
The Contractor shall be responsible for all damages to persons, property and
the work occasioned by his operations and said responsibility shall not cease
until the project has been accepted by the City.
B -6 -9 Use of Sxulosiveg:
Should the Contractor elect to use explosives in the prosecution of the work,
the utmost care shall be exercised so as not to endanger life or property_ The
City shall not be held liable for damages done by the Contractor in the use of
explosives. The Contractor shall notify the proper representatives of any public
service corporation, any company or any individual not less than eight (8) hours
in advance of the use of explosives which might damage or endanger their or his
property along or adjacent to the work. wherever explosives are stored or kept,
they shall be stored in a safe and secure manner, and all storage places shall
be plainly marked "DANGEROUS MLPLOSIVES" and shall be under the care of a
competent watchmen at all times.
B -6 -10 Protection and Restoration of Progertya
Where the work passes over or through private property, the City will provide
such right -of -way. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner. The
Contractor shall be responsible for the preservation of and shall use every
precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
(rev. Nov /94)
PAGE 16 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.
13-6-11 Resmpnsibility for Dmage 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 subcontractors) to commence work
until all similar insurance required of the subcontractors) 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:
MINIMUM INSURANCE COVERAGE
--
Bodily Injury and Consequent Death
. . . . . .
. $300,000 Per Person
Bodily injury and Consequent Death
. . . . . .
. $500,000 Each Occurrence
A-.
Property Damage . . . . . . . . . .
. . . . . .
. $100,000 Each Occurrence
(b) Automobile_ Liability_ - Owned, Nonowner or Rented:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Heath
$100,000 Per Person
Bodily Injury and Consequent Death
. . . . . .
. $300,000 Each Occurrence
Property Damage . . . . . . . . . .
.
$100,000 Each Occurrence
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(rev. NoV/ 94 )
PAGE 17
OF 28
j
.,.
(c) Workers Comoensataon and occuatianal Diseases: p
The Contractor shall obtain workers compensation insurance coverage through
a licensed insurance company or through self - insurance obtained in accordance
with Texas law.. If such coverage is obtained through a licensed insurance
company, then the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self- insurance, then within ten (10) �
calendar days after the date the City re
Y y quests that the Contractor sign the
contract documents, the Contractor shall provide the City with a copy of its
certificate of authority to self- insure its workers' compensation coverage as
well as a letter, signed by the Contractor, stating that the certificate of
authority to self - insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the work by the
City, such certificate of authority to self - insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate,
then the Contractor shall immediately provide written notice of such facts to the
City, by certified mail, return receipt requested directed to: City of Corpus
Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas
78469 - Attention: Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must be in an
amount sufficient to assure that all worker' compensation obligations incurred
by the Contractor will be promptly met.
(d) E to er's Liability;
Minimum Insurance-Coverage -_- $100,000_Per_Person
(e) Builder's Risk Insurance Coverage:
Contractor will be responsible for providing builder's risk insurance
coverage for the term of the contract up to and including the date the City
finally accepts the project or work. Builder's risk coverage shall be an "All
Risk" form. The policy shall be a completed value form. The Contractor shall
provide such builder's risk coverage as indicated in the Special Provisions,
which is estimated to be the value at completion of the real or personal property
to be constructed, repaired or otherwise improved under the contract.
Contractor shall be responsible for paying all costs necessary to procure
such builder's risk insurance coverage, including any deductible. The City shall
be named an additional insured on any policies providing such insurance coverage.
In the event of accidents of any kind, the Contractor shall furnish the City
with copies of all reports such accidents at the same time that the reports are
forwarded to any other interested parties. It shall be the Contractor's primary
responsibility for immediately notifying the carriers of any dr all insurance -
under this contract in the event of a known loss or claim presented to the
Contractor by the City or a third party.
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 other person indemnified hereunder.
(rev. Nov /94)
PAGE 18 OF 28
B-6 -12 Contractor's Claim for Dama es:
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, hills 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.
H -0 -13 Public Utilities and Other Proverty 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 mariner so that no nuisance is created and so. that the work under
construction will adequately be protected.
B --6 -15 Arrangement and ghaa for Water Furnished the Cit :
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 valves 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)
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PAGE 19 OF 28
The City reserves the right to make essential installation of items not
included in the contract prior to acceptance of the project from the Contractor.
Within this right; the City may let other contracts or may d4 such work with its
own materials and labor forces. The City, in reserving this right, warrants that
it will cooperate with the Contractor's forces and goals. The Contractor shall
not commit or permit any act which will interfere with the performance of work
by any other contractor or company or by City employees. The Contractor shall
cooperate to the end that the City may realize a complete functioning of the
project on the date of Final Acceptance.
B -6 -19 Contractor's Resnonsibi.lity for the Work:
Until written acceptance by the Engineer, as provided for in these
specifications, the work shall be under the charge and care of the Contractor,
and he shall take every necessary precaution to prevent injury or damage to the
work or any part thereof by action of the elements or from any other cause
whatsoever, whether arising from the execution or non - execution of the work. The
Contractor shall rebuild, repair, restore and make good, at his own cost and _
expense, all injuries or damages to any portion of the work occasioned by any of
the hereinabove causes.
8 -6 -20 No Waiver of Legal Right:
Inspection by the Engineer, any order, measurement, quantity or certificate
by the Engineer; any order by the City for payment of money; any payment for or
acceptance of any work; or any extension of time; or any possession taken by the
City shall not operate as a waiver of any provisions of the contract or any power
therein reserved to the City of any rights or damages therein provided. Any
waiver of any breach of contract shall not be held to be waiver of any other or
subsequent breach. The City reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to adjust the same to meet
the requirements of the contract and specifications. The City reserves the right
to claim and recover by process of law sums as may be sufficient to correct any
error or make good any deficiency in the work resulting from such error,
dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by
the Contractor or his agents and the Engineer or his assistants, discovered in
the work after the final payment has been made.
B -6-21 Indemnification and Hold Harmless:
The Contractor shall hold the City, its officials, employees, attorneys, and
agents harmless and shall indemnify the City, its officials, employees,
attorneys, and agents from any and all damages, injury, or liability whatsoever
from an act or omission of the Contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants, or any work
done under the contract or in connection therewith by the Contractor, or any
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants, or the operations or activities of the Contractor or any
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants.
B-6-22 Tax &WMtion Provision:
Contracts awarded by the City of Corpus Christi qualify for exemption
pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise
and Use 'fax Act.
(rev. Nov /94)
PAGE 20 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.
S -7 PROSECUTION AND PRO MESS;
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 Assicrnmentof 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) yours in advance of resuming operations_
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(rev. Nov /94)
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PAGE 21 OF 28
"B, -7 -4 Limitation of erations a
`-7
The work shall be so- conducted as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor �
has obstructed or closes or is carrying on operations on a greater portion of the
street or public way than is necessary for the proper execution of the work, the
Engineer may require the Contractor to finish the sections on which work is in
progress before operations are started on any additional section. 1
B -7 -5 Character- of Workmen..and Eauityment :
Local labor shall be used by the Contractor it available. The Contractor may
bring in from outside the City his key employees and superintendent. All other
employees, including equipment operators, maybe imported only after the local
supply is exhausted.
The Contractor shall employ such superintendents, foremen, and workmen as are
careful and competent and the Engineer may demand the dismissal of any person or
persons employed by the Contractor in, about or on the work who shall misconduct
himself or be incompetent or negligent in the proper performance of his or their
duties or neglect or refuse to comply with the directions of the Engineer, and
such person or persons shall not be employed thereon again without the written
consent of the Engineer. All workmen shall have sufficient skill and experience
to perform properly the work assigned them. The Contractor shall furnish such
equipment as is considered necessary for the prosecution of the work in an
acceptable manner and at a satisfactory rate of progress. All equipment, tools
and machinery used for handling materials and executing any part of the work
shall be subject to the approval of the Engineer and shall be maintained in a
satisfactory working condition. Equipment on any portion of the work shall be
such that no injury to the work or adjacent property will result from its use.
B -7 -6 Working Hours;
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Work shall be done only during the regular and commonly accepted and
prescribed working hours. No work on any unit of this contract shall be
performed before 7 a.m., or after 5 p.m., or on Sunday, or on a regular holiday
as listed in the definitions, unless special permission is given in writing by
the Engineer_ Excepted from the preceding shall be the setting of flashers,
maintenance of barricades, wetting of concrete curing mats, and such measures as
the Contractor must take to protect life and property, as are of an emergency
nature and not merely extensions of the regular working day. Attention is
directed to the definition for contract time.
5 -7--7 Time of Commencement and Co—m- letion:
The Contractor shall commence the work within the time specified, and the
rate of progress shall be such that the whole work will be performed and the
premises cleaned up in accordance with the contract, plans and specifications
within the time limit specified in the contract unless an extension of time he
made in the manner hereinafter specified.
8 -7 -8 Extension of Time of CeWletion=
The.Contractor shall be entitled to an extension of time as provided herein
only when claim for such extension is submitted to the City in writing by the
Contractor within seven (7) days from and after the time when any alleged cause
of delay shall occur, and then only when such claim is approved by the City. In
adjusting the contract time for the completion of the project., unforeseeable
cause beyond the control and without the fault or negligence of the Contractor,
including but not restricted to inability to obtain supplies and materials, acts
of God, or the public enemy, acts of the owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, unusually severe weather
conditions (weather which is beyond the normal weather recorded and expected for
the season or seasons of the year in the records of the National Oceanic and
Atmospheric Administration's Climatic Data Center), or delays of subcontractors
(rev. Nov /94)
PAGE 22 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. P ?o allowance will be made for delays or suspension of the
prosecution of the work due to the fault of the Contractor.
B -7--9 Ca utation of Contract Time for Co ietion:
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_ toCO tolete 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 fiat
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 TeTworary 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
r 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.
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(rev. Nov /94)
PAGE 23 OF 28
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L.
The work or any portion of the work under contract shall be. suspended �
immediately on. written order of the City Engineer or the City Manager, a copy of
}
such notice to be served on the Contractor's sureties, or the contract may be
annulled by the City for any good cause or causes, among others of which special
reference is made to the following: 1
(a) Failure of the Contractor to start the work within the specified
number of calendar days from the date of written notice by the City to
begin the work.
(b) Substantial evidence that the progress of the work being made by the
Contractor is insufficient to complete the work within the specified
time.
(c) Failure of the Contractor to provide sufficient and proper equipment
for properly executing the work.
(d) Substantial evidence that the Contractor has abandoned the work.
(e) Substantial evidence that the Contractor has become insolvent or
bankrupt, or otherwise financially unable to carry on the work.
(f) Deliberate failure on the part of the Contractor to observe any
requirements of these specifications or to comply with any orders
given by the Engineer as provided for in these specifications.
(g) Failure of the Contractor to promptly make good any defects in
materials or workmanship, or any defects of any nature, the correction
of which has been directed in writing by the Engineer.
(h) substantial evidence of collusion for the purpose of illegally
procuring a contract or perpetrating fraud on the City in the
construction of the work under contract.
When the work is suspended for any of the causes itemized above or for any
other cause or causes, the Contractor shall discontinue the work or such part
thereof as the City shall designate, whereupon the sureties may, at their option,
assume the contract or that potion thereof which the City has ordered the
Contractor to discontinue, and may perform the same, or may, with the written
consent of the City, sublet the work or that portion of the work so taken over,
provided however that the sureties shall exercise their option, if at all, within
two (2) weeks after the written notice to discontinue the work has been served
upon the Contractor and upon the sureties or their authorized agents. The
sureties in such event shall assume the Contractor's place in all respects, and =
shall be paid by the City for all work performed by them in accordance with the
terms of the contract. All monies remaining due the Contractor at the time of
his default shall thereupon become due and payable to the sureties as the work
progresses, subject to all the terms of the contract. In case the sureties do
not, within the hereinabove specified time, exercise their right and option to
assume the contract or that portion thereof which the City has ordered the
Contractor to discontinue, then the City shall have the power to complete by
contract or otherwise as it may deem necessary; and the Contractor hereto agrees
that the City shall have the right to take possession of and use any of the
materials, plant, tools, equipment, supplies and property of every kind provided
by the Contractor for the purpose of his work and to procure other tools,
equipment and materials for the completion of the same, and to charge to the
account of the Contractor the expenses of said contract or labor, materials,
tools, equipment and expenses incidental thereto. The expense so charged shall
be deducted by the City out of such monies as may be due or may at any time
thereafter become due the Contractor under and by virtue of the contract or any
part thereof. The City shall not be required to obtain the lowest bid for the
work of completing the contract, but the expenses to be deducted shall be the
actual cost -of such work. in case such expense is less than the sum which would
(rev. Nov /94)
PAGE 24 OF 28
have been payable under the contract if the same had been completed by the
Contractor, there 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.
5 -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
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made: by the City.
$ -8 MEASUREKEST AND PAYMENT:
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8 -8 -1 Measurement of S2gantities:
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.
5 -8--3 5c9pe 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
in the construction or in the strength or quality of the materials used in or
about the construction of the work under contract and its appurtenances, nor any
damage due or attributed to such defects, imperfections or damage shall have been
discovered on or before the final inspection and acceptance of the work.
The Engineer shall be the sole judge of such defects, imperfections or
damage; and the Contractor shall be liable to the City for failure to correct the
same as provided herein.
B- 8- 4-Payment for Extra Work;
Extra work authorized and approved by the City Engineer and performed by the
Contractor will be paid for in the manner hereinafter described, and the
compensation thus provided shall be accepted by the Contractor as payment in full
for all labor, material, tools, equipment and incidentals and all
superintendents' time and timekeepers' services, all insurance, bond and all
other overhead expenses incurred in the prosecution of the extra work. Payment
for extra work will be calculated on one of the following basis, subject to all
other conditions of the contract:
(a) By unit prices agreed on in writing by both parties, payment to be for
the quantity actually installed as finally measured.
(b) By a lump sum price agreed on in writing by both parties.
(c) By actual field cost of the work plus fifteen percent (15%) as
described hereinbelow, agreed on in writing by both parties. in the
event extra work is to be performed and paid for under this method,
the actual field cost of the work will include the cost of all
workmen, foremen., timekeepers, [mechanics and laborers, and materials,
supplies, trucks, rental or machinery equipment, only for the time
actually employed or used on such extra work, plus all power, fuel,
lubricants, water and similar operating expenses, and a rateable
proportion of premiums on Performance and Payment Bonds, public
liability and Workmen's Compensation and all other insurance required
by law or ordinance. The Engineer will direct the form in which the
accounts or actual field cost will be kept and will specify in writing
the methods of doing the work, and the type and kind of machinery and
equipment to be used, and shall have authority to suspend such extra
work if in his judgement it is being conducted in a manner wasteful of
materials, equipment, or labor, or is not being prosecuted in an
efficient manner. The fifteen percent (15 %) of the actual field cost
to be paid the Contractor shall cover and compensate him for profit,
overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the actual
field cost as herein specified. The Contractor shall give the
Engineer access to all accounts, bills, invoices and vouchers relating
thereto.
In the event agreement cannot be reached on method or prices of payment for
extra work, the City reserves the right to enter on the job with its own forces
or to hire other contractors to perform such extra work.
B -8 -5 ]Pol Ey on Extra Work and Change orders:
The City Council of the City of Corpus Christi has adopted the following
Construction Change order Policy which will be applicable to all City
construction projects, and the Contractor is hereby advised to be so guided in
the proceeding with any item of work which he considers to be extra work:
(a) All change orders require written quotations and must be approved in
writing by the Contractor and the City Engineer or his representative prior to
the work being done.
(rev. Nov /94) J
PAGE 26 OF 28
(b) All change orders in involving an expendit -are 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 $5,400.00.
(e) The total amount of all change orders to a contract shall not exceed
25t 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 -5 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 in formation 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 rendered 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 duality 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 (5%) 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 (SW) 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_ Withholding 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 size of the work surplus and
discarded materials, temporary structures, and debris of every kind. He shall.
L (rev. Nov /94)
PAGE 27 OF 28
r=-
B -8 -9 Final Acceptance:
y
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor, the Contractor shall notify the Engineer
that the improvement is ready for €inal inspection. The Engineer will then make
such final inspection; and if the work is satisfactory and in accordance with the
specifications and contract, he will certify such completion for Final
Acceptance.
B -8--10 Final Payment:
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor as evidenced by the Engineer in the
Certificate of Final inspection and Acceptance, a final estimate showing the
value of the work will be prepared by the Engineer as soon as the necessary
measurements and computations can be made. All prior estimates upon which
payments have been made are subject to necessary corrections or revisions in the
final payment. The amount of this final estimate, less any sums that have been
deducted or retained under the provisions of the contract, will be paid the
Contractor within thirty (30) days after Final Acceptance provided the Contractor
has furnished to the City satisfactory evidence in the form of an affidavit(s)
that all sums of money due for any labor, materials, apparatus, fixtures, or
machinery furnished for and used in the prosecution of the work have been paid;
or that the person or persons to whom the sum may respectively be due have
consented to such final payment. The improvement will not be recommended for
Final Acceptance until this payment affidavit has been submitted. The acceptance
by the Contractor of the last payment as aforesaid shall operate as and shall be
a release to the City from all claims or liabilities under the contract for
anything done or furnished or relating to the work under the contract or for any
act of neglect of said City relating to or connected with the contract.
B-8 -11 Maintenance Guarant
The Contractor shall maintain and keep in good repair the work herein
contracted to be done and performed for a period of one (1) year from the date
of acceptance, or for such lesser or greater period as may be specially provided,
shall do all necessary backfilling that may arise on account of sunken conditions
in ditches, or otherwise, and shall do and perform all necessary work and repair
any defective condition growing out of or arising from the improper joining of
the same, or on account of any breaking of the same caused by the said
Contractor, in laying or building the same, or on account of any defect arising
in any of said parts of said work laid or constructed by said Contractor, or on
account of improper excavation or backfilling; it being understood that the
purpose of this section is to cover all defective conditions. arising by reason
of negligence of the Contractor, or by reason of defective materials, work or
labor performed by the said Contractor, and in case the said Contractor shall
fail to do so, it is agreed that the city may do said work and supply such
materials, and charge the same against the said Contractor and sureties on this
obligation. This provision shall further, and in addition, be evidence by the
provisions of the Performance Bond or such other bond as may be required.
(rev. Nov /94)
PAGE 28 OF 28
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 13TH day of December, 2011, 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. Barcom Commercial. Inc. termed in the Contract Documents as
"Contractor," upon these terms, performable in Nueces County, Texas:
In consideration of the payment of $61,906.6 4 by City and other obligations of
City as. set out herein, Contractor will construct and complete certain improvements
described as follows:
WESLEY SEALE DAM SECURITY FENCING
JOB ORDER CONTRACT - PROJECT NO. E11119
(TOTAL AMOUNT: $61,906.54)
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, The General and Special
ProVisions and Requirements for Municipal Construction Contracts of the City of Corpus
Christi, 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.
Page 1 of 3
Rev. Jun -2010
Contractor shall indemnify, save harmless and defend the City
of Corpus Christi in accordance with- General Provision B-6-11 and
Special Provision A -26 of the General and Special Provisions and
Requirements for Municipal Construction Contracts of the City of
Corpus Christi, Texas.
The Contractor will commence work within fen (10) calendar days from date they
receive. written work order and will complete same within 45 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.
Page 2 of 3
Rev. Jun -2010
ATTEST:
CITY OF CORPUS CHRISTI
By: -
City Secretary
Oscar artinez
Assistant City Manager Public Works,
Utilities, and Transportation
APPROVED AS TO LEG PL FORM:
__. By:
By:
Asst. City Attorney
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
_ ATTEST: (If Corporation)
Barcom Commercial, Inc.
(Seal Below)
!
Title: '
(Notes. if Person. signing for
. corporation is not President,
5826 Bear Lane
attach copy of authorization
(Address)
to sign)
Corpus Christi, TX 78405
-
(City) (State)(ZIP)
3611851-1000 * 3611851-1717
(Phone) (Fax)
AUTHOR11 ,
sy c.eugc1L __._-__:�..� r
.. .- ......?TARV--
t
Page 3 of 3
Rev. Jun -2010
I
B4 RC OM COMMERCIAL, Inc. GENERAL, CONTRACTOR
Proposal
October 3, 2011
Proposal # 15958
TO: City of Corpus Christi — Engineering Department
Attn: Gracie Mesa
1201 Leopard St
Corpus Christi, TX 78401
E -Mail:
PROJECT: Westley Seal Dam Fence
We propose to furnish labor and material to perform the following:
Price to include:
Install appx. 2001f of 8' fence by using Eft gate sections. Move existing rip rap to clear room for fence
post and sloped concrete paving. Placement of sloped concrete will be earth formed, Concrete will be
4 inches thick. Place rip rap next to concrete WWF will be used in the concrete.
Price to exclude
Removal of any material, import of fill material.
Note: Please allow 45 to complete the above scope of work
TOTAL AMOUNT OF PROPOSAL: $61,906.54
Sixty one thousand nine hundred six and 541100
— Respectfully submitted,
BARCOM COMMERCIAL, INC.
Justin McComb
Project Manager
JM
This proposal is void if not accepted in writing 30 days after this date; however, when executed by
both parties, it shall become the contract for the services described above.
Signed: Date:
5826 BEAR LANE
CORPUS CHRISTI, TEXAS 78405 i
TELEPHONE= (361) 851 -1000 • FAX; (361) 851 -1717
www.barcom.cc
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EL
PAYMENT BOND
STATE OF TEXAS § BOND No. 105710929
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
That Barcom Commercial, Inc. of the City of Corpus Christi , County of
Nueces and State of Texas as principal ( "Principal "), and
Travelers Casualty and Suretv Company of America , a solvent company duly
authorized under the laws of the State of Texas to act as surety on bonds for principals
( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule
municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all
Subcontractors, workers, laborers, mechanics and suppliers as their interests may
appear, all of whom shall have a right to sue upon this bond in the penal sum of
SIXTY -ONE THOUSAND, NINE HUNDRED SIX AND 64/100 U.S. Dollars
($61,906.54 U.S.) to be paid in Nueces County, Texas, for the payment of which- sum
well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents:
Conditions of this bond are such that, whereas, Principal has entered into a
certain written contract with the City of Corpus Christi (OWNER), dated the 13TH day
of December, 2011 which Agreement is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein, for the construction of:
WESLEY SEALE DAM SECURITY FENCING
JOB ORDER CONTRACT - PROJECT NO. E11119
(TOTAL AMOUNT: $61,906.664)
Now, therefore, the condition of this obligation is such, that if said Principal shall
well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all
monies to them owing by said Principals for subcontracts, work, labor, equipment,
supplies and materials done and furnished for the construction of improvements of said
Agreement, then this obligation shall be and become null and void; otherwise to remain
in full force and effect.
Surety, for value received, stipulates and agrees that no change to the contract
time or contract amount, and no alteration or addition to the terms of the contract, or to
the work performed thereunder, or to 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.
iF-
(Rev. Date May 2011) Payment Bond Wage 1 of 3
Provided further, that this bond is executed pursuant to Chapter 2253, Texas
Government Code, as amended.
Provided further, that if any legal action be filed on this bond, venue shall lie in
Nueces County, Texas.
The undersigned agent is hereby designated by the Surety as the Resident
Agent 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
Sections 3503.001 to 3503.005, Texas Insurance Code, as amended.
In witness whereof, said Principal and Surety have signed and sealed this
instrument in 4 copies, each one of which shall be deemed an original, this the
13th day Of December , 2011.
PRINCIPAL
Barcom Commercial, Inc.
By: fY� AJ
Title:
ATTEST:
Secretary
Address: 6826 Bear Lane
Corpus Christi, TX 78405
Telephone: 281 - 606 -8400
Fax: 281 - 606 -8436
E -Mail: alm @southernamericanins.com
Rev. Date May 2011 Payment Bond Page 2 of 3
Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of
notice and service of process:
Name. Kevin Keetch
Agency: Keetch & Associates
Address: 1718 Santa Fe St.
(Physical Street Address)
Corpus Christi TX 78404
(City) (State) (Zip)
Telephone: 361- 883 -3803
E -Mail:
Note: Bond shall be issued by a solvent Surety company authorized to do business in
Texas, and shall meet any other requirements established) by law or by OWNER under
applicable law.
Note: Surety Agent's Original Power of Attorney must be attached hereto.
Note: Date of Payment Bond must not be prior to date of contract.
END
Rev. Date May 2011 Payment Bond Page 3 of 3
CITY OF CORPUS CHRISTI
DEPARTMENT OF ENGINEERING SERVICES
P.O. BOX 9277
CORPUS CHRISTI, TEXAS 78469 -9277
RE: Certification of Power of Attorney for Performance and Payment Bonds
Project Name & No.: _Various Projects 201b
Surety Company: Travelers Casualty & Surety Company of America
Ladies /Gentlemen:
I, Richard W. Sauer Account Executive Officer, hereby certify that the facsimile
power of attorney submitted by C. A McClure of Southern American Insurance A enc
Inc. for Barcom Commercial Inc., a copy of which is attached to this certificate, is a true
and correct copy of the original power of attorney on file in the records of the surety
company in its home office, has not been amended or abridged, is still in full force and
effect, and said designated agent is currently in good standing with the surety. In the
event of cancellation of this power of attorney, the City of Corpus Christi shall be notified
in writing by certified mail within seven (7) days thereof at the following address:
2010.
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Signed this 12th day of March, 20
Title: Account Executive, Officer
Sworn and subscribed to before me on this `
� day of MI,_L�
x�
S&�p&��,t�. Twk OfTlim-
(Revised 2110)
Notary Public
State of /r S
My Commission Expires: r Z2 X,/
.A� POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 215018 Certificate No. 004470483
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery
of the City of , State of Texas , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted'in any actions or, proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of August 2010
Farmington Casualty Company
Fidelity and GuarantyInsurance ComIiapy
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
23rd
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GhSnUn.� V FIRE 4 �wM CMS � INSU "'+ P 1Y ANO 0enRA?j', � SBxLi ;° . ..
State of Connecticut
City of Hartford ss.
By:
Georg Thompson, nior ice President
On this the 23rd day of August 2010 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. � W vtl� l.. tj�VM
My Commission expires the 30th day of June, 2016. * LAG * Marie C. Tetreault, Notary Public
Cs
"^ 58440 -8 -t 1 Printed in U.S.A.
-- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairmat, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or tbeir certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United Skates Fidelity and G,,nEFanty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WiIEREOF, I have hereunto set my hand and affix8d the seals of said ` Companies this 1 3t day of December 20 11
Kevin E- Hughes, Assistant Sec tary
Cr511,�1 �, FIRE 4 �r,1� �Ngy 1NSU,p p 1Y ANO Y
OC7)
To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached-
Travelersl'
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1 500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675 -3000
(267) 675 -3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 788714-9104
(800) 252 -3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
BOND No, 105710929
That Barc_om Commercial, Inc, of the City of Corpus Christi , County of
Nueces , and State of Texas , as principal ( "Principal "), and Travelers Casualty and surety
Company of America , a solvent company duly authorized under the laws of the State of
Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto
the City of Corpus Christi, a Home Rule municipal -corporation of Nueces County, Texas
( "City" or "OWNER "), in the penal sum of SIXTY -ONE THOUSAND, NINE HUNDRED
SIX AND 541100 U.S. Dollars ($61,906.54 U.S.) to be paid in Nueces County,
Texas, for the payment of which sum well and truly to be made, We, said Principal and
Surety, bind ourselves and our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents:
Conditions of this bond are such that, whereas, Principal has entered into a
certain written contract with the City of Corpus Christi (OWNER), dated the 13TH of
December , 2011, which Agreement is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein, for the construction of:
WESLEY SEALE DAM SECURITY FENCING
JOB ORDER CONTRACT - PROJECT NO. E11119
(TOTAL AMOUNT: $61,906.54)
Now therefore, the condition of this obligation is such, that if said Principal shall
faithfully perform said Agreement in accordance with the plans, specifications and
contract documents, including any changes, extensions, or guarantees, and including all
and singular covenants, conditions, and agreements in and by said contract agreed and
covenanted by Principal to be observed and performed, and according. to the true intent
and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and
effect.
Surety, for value received, stipulates and agrees that no change to the contract
time or contract amount, and no alteration or addition to the terms of the contract, or to
the work performed thereunder, or to 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.
(Rev. Date May 2011) Performance Bond Page 1 of 3
Provided further, that this bond is executed pursuant to Chapter 2253, Texas
Government Code, as amended.
Provided further, that if any legal action be filed on this bond, venue shall lie in
Nueces County, Texas.
The undersigned agent is hereby designated by the Surety as the Resident
Agent 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
Sections 3503.001 to 3503.005, Texas Insurance Code, as amended.
In witness whereof, said Principal and Surety have signed and sealed this
instrument in 4 copies, each one of which shall be deemed an original, this the 13th
day of December , 2011
r—
Address. 6826 Sear Lane
Corpus Christi, TX 78405
Telephone: 281 -606 -8400
Fax: 281 -606 -8436
E- -Mail: aim @southernamericanins.com
(Rev. date May 2011) Performance Bond Page 2 of 3
Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of
notice and service of process:
Name: Kevin Keetch
Agency: Keetch & Assoociates
Address 1718 Santa Fe St.
(Physical Street Address)
Corpus Christi, TX 78404
(City) (State) (zip)
Telephone: 361- 883 -3803
E -Mail:
Note: Bond shall be issued by a solvent Surety company authorized to do business in
Texas, and shall meet any other requirements established by law or by OWNER under
applicable law.
Note: Surety Agent's Original Power of Attorney must be attached hereto.
Note: Date of Performance Bond must not be prior to date of contract.
END
(Rev. Date May 2011) Performance Bond Page 3 of 3
THIS POWER OF ATTORNEY IS
POWER OF ATTORNEY
TRAVELERS) Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 215018 Certificate No. 0 0 4 4 7 ®4 0 4
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery
of the City of _ Houston State of Texas their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto axed, this 23rd
affixed,
day of August 2010
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
,^ aZ ? O�r d r ,� y �. �8 , 2�T � N ,> �a • o � 119 � 13� �C�SJrfWi i Cfl lY � �. .. arNCE o. }zo@ y •3 p'v� . -. O S� . R E .P.YO.$� .R �v �l,r'eL9 i�� as r"f , , 1 g ')� ��ee4t J,: P � ' . ...Na..$a..q .. ..
SELL, a4.a'fi? n 'a t a non i = s : �a m I p gc yaH, r Ay CTRTOY F NAONHA. O b s y, Gy ,a a s o n
Y
'7
—7
State of Connecticut By:
City of Hartford ss. /Gergl& Thompson, trte President
On this the 23rd day of August 2014 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
^ Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
t� executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
�I
G.TE'T
In Witness Whereof, I hereunto set my hand and official seal. ilw� `.+ • V
My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public
58440 -6 -11 Printed in U.S.A.
` WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TravelersAi
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675 -3000
(267) 675 -3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 79714-9104
(800) 252 -3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is fox information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
SUPPLIER.NUMBER
_ TO BE ASSIGMEV.BY7Crnr-
.PURCHASING DWISION
City ,of CITY 00 CORPUS CMUSTI
ChWiNti DIS LAOS CAF INTEREST
C flf °Corpus Christi Ordinance 17:112,.as amendOA requires .aflpersons or Emus seeking to do business
W1 the C�iti�yy to provide the foYlowiag information. Every iiestion. ntiist. be answered. If the tltiestion xs
not ep it cable, answer with "NA ", See reverse side far Filing Reguirenients; Certificate ins and
dens.
COMPANY NAME: Barcom Commercial, Inc.
P. O..:BOM
SM.19T.AI DRESS: _ 6 Bear Lane _ C. : Corpus Christi ZR 75405 -
FI1tM•IS: �. Corporation 2. Partnership 3. 5616 0wnet
4. Assaciation 5. Other
bi SCLO9M QUEMON.8-
fscldxttD'in Space 3$ necessarfiy, pleaS uxe the revetsse slate -o - s gage ¢r:attach:s+eparaf shed.
]. {ate flee names of each employee Hof the Y y of Coggs G'l-Mi having sin "aivaa p .irite t"
Cozistifiutirig 3°10 or. in ore ofthe O" Whersllrp in the a e naitied arm."
Name n/a lob Titteand City: Department (if known)
2. $ta►#,e :the names of each "official" of the City: of Corpus +Christi having an "ownership interest"
egnsti#rtitng 3% ac mode of the ownership .in the shove nA&ed "fum."
Narhe nla Tale
3. State ilte. names of each "board member" of the City of Christi having an "awnership fi terese,
constituting 3% or more of the ownership in ft- above n �1=1:'D
Naine Board, Commission or Committee
n/a
4. Sta the. names of .each empltryO.c or officor of.a "caonsultahet for the City 0. Corpus �Chrtsti W.r
worked on matter relni�ed to the so'ect off this eonttwt and has an "owciership interest" .
oonstitu&g 3Io or more of the Qwnerstiip in ge above reamed "firm"
Name Consultant
nla
r ^.
— l"<+,Q�NG RE�UIIIyEMEx� i S
If a person who, requests official action on a matter ows that the ;requested action will confer an
ecot omio benefiit on any City offrcial or employee that is distutgueshailc from the effect:thai the aeon
will have on bers of the public in geeral or a substau�tral se
asi` ed.7p=M to the Ci offrci
e,: Ioyee:ar .ent.thereof, yoti small disclose ttuat fact
Su S ty p body that has .been rees#ed to act rn the =natter,
artless the of the City off i ciaor mploybe
made in a swriting hied with the City Secretary. [Ethics ilydinanee Section 2 -49d)J
F RTIFiECA; N c�y thall, informion provided rse and correct °aofomet, #hat I have. not knowiy �witliheld disclosure of any rnfatior� requested; and that sirppleentai statements ui±iii be
pro mptly submitted to the City of Corpus Clsh Texas as .changes occwr.
Ce ng.Person; Elaine R. Hoffman Tine:
__ Pr _sid,ent
�'['ypeorPrint}
Signature of Certifying Date.
��a '�
P �rsan: ��t 12/07/09
DE17MTIONS
a. "Board member." A member of any bowl, commission, or committee appointed by the City
Conner] ofthe. City of Corpus Christi,, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to havve an
effect on that interest that is. distinguishable from its effect on members of the public in. general or a
substantial. segment thereof.
c. "Employs" Any person employed by the City of Corpus .Christi, Texas either on -a full or put-
time basis, but not as an independent contractor.
d. "Firm. ". Any entity operated for economic gain, whether professional, industrial or co. mmercial, and
whether established to pwduce or deal with a product or se'rvioe, including but not Jim ted to; entities
operated in the form of sole proprietorship, as self - employed person. PiftemhiP, torpor don, joint
stock company, joint venhere, receivership or trust, and entities which for purposes of ration are
treated as non -profit orgganin#ons.
e. "Official." The Mayor, members of the City Council, City Manager, deputy City Manager,
Assistant City Managers, Dgxmtr=t and Division Heads,. -and Municipal Court Judges of the City of
Ccapus Christi; Texas.
f. "Ownership Interest" Leal or equitable interest, whether actue ly or conatmegvely held, is a
fun: including when such' interest is held through an agent; trust,, lesfift, -or holding entity..
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements!'
g. "Consultant." Any person or frra, such as engineers and architect., hired by the City of Corpus
Christi for the purpose ofprofessional consultation and recommendation.
V� BARCOCI OP IP: TAED
CERTIFICATE 4F LIABILITY INSURANCE
=bA p(YYY Yj
111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CEF=7IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BEL d:)W' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
RII_F- -IF2ESENTATIVE OR PRODUCER, AND TILE CERTIFICATE HOLDER.
IMPORTANT: if the certificate - holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the .werms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certif Cate holder in lieu of such endorsemengs).
PRODUCER 361 -863 -1711 NAME:
Swantlllroer & Gordon Ins Agcy-CC
A Higgs 87 am company 3fi1- 6440101 E-MAIL .361- 883.1711 FAX N. 361 - 844 -0101
PO Bv� Christi, TX 78403.0870 ADDRESS:
Coypu ddki
Steve A son INSURER(SI AFFORDING COVERAGE '
Valley Forge Insurance Cc NNC p
INSURER A : 20546
iNSUR1 =p Barcom CaRrmereial, line. �' INSURfRB;NaeonalFirein.Co- HaW*,d 2047$
5826 Beer Lane Commerce and Indus" Ins ca
Corpus Christi, TX 78405 INSURER C, 19410
INSURER D:
INSURER E:
INSiJRER F
r nr�c RAGES CERTIFICATE tuuiulBER� ae�ncrnu urruaen.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
E)(GL—ILJSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN5R
LTR
TYPE OF INSURANCE
DL
SUOR
POLICY HUMBER
POLICY EFF
MMIDDNYYY
POLICY E%P
MMIDDIYYYY
LIMITS
A
69= -HERAL LIABILITY
)[ COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
4034064756 '
09112!11
09112/12
%
EACH OCCURRENCE
$ 1,000,000
PREMISES AMTr mence
$ 100,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
$ 1,000,00'0
GENERAL AGGREGATE
$ 2,000,00
GE=N'L AGGREGATE LIMITAPPLIESPER:
POLICY X PRO LOG
PRODUCTS - COMPIOPAGG
$ 2,000,00
$
B
A}jTOMOBILE
)[
X
LIABILITY
ANY AUTO
ALL OWNED SAHULE:)
AOS AFDU
HIREDAUTOS AUTOS
4034064790
09/12111
09112112
COMBINED SINGLE LIMIT
Ea accident
1,000,00
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
Oa, DAMAGE
$
$
C
X
UMBRELLA LUiB X
EXCESS LIAR
OCCUR
CLAIMS-MADE
BE016410605
09112111
09112112
EACH OCCURRENCE
$ 15,000,000
AGGREGATE
$ 15,000,000
DED X RETENTION$ 10,ODe1
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE ❑
OFFICERIMEMBER EXCLUDED?
(MarldaturyInNM)
1r yes, describe under
p SGRIPTIONOFOPERATIONSbelow
NIA
034064773 r
09112111
09112112
f
4
X WC STATU- OTH
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE -EA EMPLOYE
$ 11000100
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VE341CLES (Attach ACORD 101, Additional Renrarles Schedule, If more space Is required)
Project. E11119- Wesley Seale Dam Security Fencing
See attached addendum for additional policy provisions. .
L;hN1lr+a,P% nvivv-#c L:AN[:tLLAIIUN
CICC -co
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS.
Engineering Services AUTHORIZED REPRESENTATIVE
Contract Administrator r
P.O. Box 9277 1/
Cor us Christi TX 78469 -9277
U I V55 -201U ACURD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Barcom Commerdial, Inca
CNA PoliCy d 40340647M G- t 4. 101h 40
(Ed. 1.)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
d BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _
WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE
This endorsement mod'ITres insurance provided under the following:
COMMERCIAL_ GENERAL LIABILITY COVERAGE PART
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons Or Organizations
(As required by "written contract" per Paragraph A. below.)
Locations of Covered Operations
(As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.)
G- 140331 -C rrvaides copyrighw material or lnsurw" services OMm. Inc., with rs permission Page i of 2
(Ed_ 10110)
A. Section 0 - Who Is An Insured is amended to include
2. We will not provide the additional insured any
as an additional insured:
broader coverage or any higher limit of insurance
1. Any person or organization whom you are
than the least that is:
required by "written contract" to add as an
a. Required by the "written conlracr;
additional insured on this Coverage Part; and
b. Described in B.I. above, or
2. The particular person or organization, 0 any,
c. Afforded to you under this policy.
scheduled above.
B. The insurance provided to the additional insured is
3. This insurance is excess of all other insurance
limited as kkm:
available to the additional insured whether on a
primary, excess. contingent or any other basis.
1. The person or organization is. an additional
But if required by the "written contract,' this
insured only wilh respect to liability for "bodily
insurance will be primary and non- contributhry
Injury," "property damage," or "personal and
relative to insurance on which the additional
advertising injury" caused in whole or in part by:
insured is a Named Insured.
a. Your acts or omissions; or
4. The insurance provided to the additional insured
b. The acts or omissions of those acting on your
does not apply to "bodily injury," "property
damage, or personal and advertising injury
behalf
arising out of
ttlt�
in the performance of your ongoing operations
a' The rendering of, or time failure to render, any
specified in the'Vvritten contract"; or
c. "Your woric" that is specified in the "written
professional architectural, engineering, or
surveying services, including:
t�
a
conlracd" but only for "bodily injury" or
"property "products-
(i) the preparing, approving, or failing to
f
damage" included In the
prepare or approve reaps, shop drawings,
iirTs
con eted a
pl operations hazard, and early it:
opinions, reports, surveys. feelld orders,
(i) The ''written contract" requires you to
change orders or drawings and
provide the additional insured such
specifications; and
coverage; and
(2) Supervisory, inspection, architectural or
(2) This Coverage Part provides such
engineering activities; or
coverage.
G- 140331 -C rrvaides copyrighw material or lnsurw" services OMm. Inc., with rs permission Page i of 2
(Ed_ 10110)
b. Any premises or work for which the additional
insured is specifically listed as an additional
insured on another endorsement attached to
this Coverage Part.
C. SECTION IV — COMMERCIAL GENERAL LIABLITY 2.
CONDITIONS is amended as follows:
t. The Dulles In The Event of . Occurrence,
Offense, Claim or Suit condition is amended to
add the following additional conditions applicable
to the additional insured:
An additional insured under this endorsement will
as soon as predicable:
(1) Give us written notice of an 'occurrence" or
an offense which may result In a daim or
"suit" under this insurance, and of any claim
or'suit" that does resut
(2) Except as provided in Paragraph 8.3 of this
endorsement, agree to make available any
other insurance the additional insured has for .
a loss we cover under this Coverage Part;
(3) Send us copies of all legal papers received,
and otherwise cooperate with us in the
investigation, defense, or settlement of the
claim or 'suit"; and
(4) Tender the defense and indemnity of any
claim or %ur to any other Insurer or sect
insurer whose policy or program applies to a
loss we cover under this Coverage Part. But
W the "written contract" requires this insurance
to be primary and non-contributory, this
provision (4) does not apply to insurance on
which the additional insured is a Named
Insured.
G- 140331 -C
(Ed. 10110)
We have no duty to defend or indemnify an
additional insured under this endorsement until we
receive from the .additional insured written nopce
of a claim or "suit"
With respect only to the insurance provided by this
endorsement, the brat sentence of Paragraph 4.a.
of the Other Insurance Condition i5 deleted and
replaced with the following:
4. Otherinsurance
a. Primary Insurance
This tnsuranoe is primary and non-
contributory except when rendered
excess try endorsement G- 140331 -C. or
when Paragraph b. below applies.
D. Ordy for the purpose of the insurance provided by this
endorsement, SECTION V — DEFINITIONS is
amended to add the following deflr►itiorr
'Wriiden contrast' means a written contract or written
agreement that requires you to make a person or
organization an additional insured on this Coverage
Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during
the term of this policy; and
2. Was executed prior to:
a. The "bodily injury" or "property damage "; or
b The offense that caused the "personal and
advertising irW
for which the additional insured seeks coverage
under this Coverage Part.
Cr140331 -C IrK*xlm copyrighted material of insurance 5oMms Office. Inc.. with Ns pemfssim Page 2 of 2
(Ed. 10110)
e
>i
I•
assn
rs�
sta•
Barcom Comawrciail,
Inc
Of Pollc0 44 m G- 18652 -1
(Ed. 07109)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following;
% COMMERCIAL GENERAL LIABILITY COVERAGE PART
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
SCHEDULE
Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the
corresponding policy provisions in the body of this endorsement.
1. Miscellaneous Additional Insureds 13. Liberalization Clause
7 additional insured extensions. 14. Unintentional Failure To Disclose Hazards
2. Employees As Insureds — Health Care Services
3. Joint VentureslPartnershlplLlmited Liability
Companies
Coverage for your interest in such terminated or ended
organizations.
4. Expanded Personal And Advertising Injury
5. Medical Payments
Limits uxxeased to $15,000.
Reporting increased to three years from the
date of accident.
6. Legal Llabillty And Borrowed Equipment
Extended perils.
Limit increased to $200,000 for Damage to Premises
Rented To You
T. Non - owned Watercraft
Increased to 55 feet,
S. Non -owned Alrcraft Coverage
9. Contractual Liability For Personal And Advertising
Injury
10. Supplementary Payments
Cost of bat bonds increased to $2,500_
Daly loss of eamings increased to $1,000.
11, Liquor Liability Coverage Extension
12. Newly Formed Or Acquired Organizations
Coverage extended to the end of the policy period.
IS. Notice of Occurrence
16. Broad Knowledge of Occurrence
17. Aggregate Limits Per Project
18. Bodlly Injury — Extension of Coverage
19. Expected Or Intended Injury
Reasonable force — bodily injury or property damage.
20. Wrap4Jp Extension
21. Contractual Liability — Railroads
Expanded definition of insured contract'
Blanket Waiver of Subrogation
Waiver of subrogation where required by written
contract or written agreement.
23. In Rem Actions
G111652 -1 Induces copydgraed material of Insurance services Offim, b--, with its permission_
(Ed. 07109)
Page 1 of 8
POLICY NUMBER: 4034064790
COMMERCIAL AUTO
CA 04 08 06 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
V TEXAS ADDITIONAL INSURED
This endorsement modffies Insurance provided under the fallowing:
SUSINBS AUTO COVERAGE FORM
GAWE COVERAGE FORAM
MOOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With rasped to coveregs provided by #his endorsement, the provisions of the Coverage Form apply unless moeMW by
the endorsement.
This endorsement changes the policy effective on Roe Inception date of the pow Union anothef date Is indicated
below.
Endorsement Ef(ec"'. 09/12/11 Countersigned By: .
Named insured: Bercom Commercial, Inc.
<:::_ whmdR
SCHEDULE
Naa» WW Addnae of Addillanal lrwred:
Any person or organization for whom or which you are required by written contract or agreement.
(if no entry appears above, information required to complete this endorsement will be shown in the Dedaradons as
applicable to Me endorsement.)
A. Who Is An Insured (Seudton IQ is amstxkd to Include C. You are authorbmd to act for the additional Insured
as an 'fissured the person(e) or organduRon(s) rramed In the Schedule or DeciaraUons In all matters
shown in the Schedule, but only with rasped to ibelr pertaining to We insuranos.
legal flablilly br ads or ounissions d a person far D. We will mall the additional Insured named in the
whom Llabfilgr Coverage k allor+ded under #ft Schedule or Decfara#ions notice of any cantaftllon
POW. of this poky. If we canal, we will give iD drrye
B. The additW Insured named In the Schedule or notice to the addtlonal Insured.
Declarallm Is not required to pay for any premiums E. The additional Insured named In the Module or
stated In the policy or earned from the policy. Any Dsolaratlons will retain any right of recovery as a
return premium and any dividend, if applicable, dalm rd under We policy.
declared-by us shall be paid to you.
CA 04 03 06 04 Copyright, ISO Properties, Inc., 2D03 Page 1 Cd 1
i
POLICY NUMBER: 403406 M COMMERCIIAL AUTO
CA 20 t39 06 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES IN TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
(WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 01tWI1 Countersigned By:
Named Insured: Barcom Commomkil, Inc.
Authorized R Tative
SCHEDULE
Now* OF Persons) Or Organization(a):ANY PERSON OR ORGANIZATION FOR WHOM
WHICH YOU ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT TO OBTAIN THIS
WAIVER FROM US. YOU MUST AGREE TO THAT
REQUIREMENT PRIOR TO LOSS.
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The Transfer Of Rights Of Recovery Against Others To additional premeum shown above, regafdtess of any
Us Condition does not apply to the person(s) or early termination of this endorsement or the policy.
organization(s) shown in The Schedule. We Wit retain the
CA 20 eD 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1
POLICY NUMBER: 40340647" COMMERCIAL GENERAL LUkeILITY
CG 02 051204
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
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTSICOMPLETED 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 mat prior written notice of cancellation or material change too:
SCHEDULE
1.
Name:
ANX PERSON OR ORGANIZATION OF THIS
2.
Address:
POLICY UNDER A WRITTEN CONTRACT OR
AGREEMENT.
3.
1 Number of din advance nodCe:3 0
Information required to complete this Schedule it not shown above will be shown in the Deciarati ns.
t
CG 02 0512 04 Copyright, ISO Properties, Inc., 2003 Page 1 of I
POLICY NUMBER. 4034064790
j
COMMERCIAL AUTO
CA 4W 44 00 04
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CANCELLATION PROVISION OR
COVERAGE CHANGE ENDORSEMENT
This endorsement modffles insurance provided under 1he foNowlng:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKOS COVERAGE FORM
Wllh reaped to coverage Provided by this endorsement, the Provisions of the Coverage Form apply unless mom by
4w endoreement.
ThIs endoraoment changes the policy effedive on ihs Inchon date of the policy unieas another dots Is Indimted
below:
Eridora nwd Ef WIM 09/12111 Caunbw*ned By:
Named Inaured Barcom corrxnerciel, Inc. ed R
Nuarber d Day.` f+t0VW30 I
I+Iarns Ot Person Or OrsrrnlmMlen City neerinp Sakes
Conbia AdminIstratar
Add� P.O. Box 9277
C us Christi, TX 7"894M
N f111s policy Is canceled or materially dwwd to "ce or resold coverage, we WM mail noycs of WrIcaktim or
drange to the person or organization named in the Schedule. We WHI pine the number of days' notice Wasted In the
Schedcrlo.
CA 0144 0804
Copyr% t, ISO Properties, Inc., 2008
pqp 7 cf 1
WORKERS COMPENSATION
AND
EMPLOYERS LIAWLITY POUCy
ENDORSEMENT WC 42 06 01 (00) _ 001
POLICY NUMBER: 4034064773
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This mWoraemant applies only to the Insurance provided by the policy because Texas Is shown in item 3.A, of the
m
Ink atlon Page.
In the want of carwdatfon or ottrer r vowlsi ctnuga of the policy. we will ma6 Advance rlcrtba to the Person or
vrpnitation named in the Schedule. The number of days advance notice is shown in the Sc heduhL
This andoresmsnt shall not operate directly or Indirectly to bar"I t anyone not named In the Schedui&
SCHEDULE
t. NUMBER OF DAYS ADVANCE NOTICE- 30
2. NOTICE WILL BE MAILED TO:
CITY OF CORPUS CHRISTI
ENGII+EERING SERVICES
CONTRACT ADMINISTRATOR
P_ O. BOX 9277
CORPUS CHRISTI. TX 76469 -9277
. p4wll�qv
his
errna
WORMS W1tt W TION AND Emma LIABN.ITY INGURANCE POLICY
4LSAS WAIVER OF OUR RlQKTT0 RECOVER FROM OTHERS ENDORSEMENT
WC 42 t0� as A
Md. 1-00)
This endorsement applies only to the Insurance provided by the policy because Texas Is shown in item S.A. of the
information Pace.
We have the d* to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our
rk M against the person or organization named In the Schedule, but this wahrer appllies arty with respect 1a bodly Injury
arising out of the operations described In the Schedule where you are required by a written contract to obtain ilk wsdver
This endorsement shell not operate directly or Indirectly to benefit anyone not named in the Schedule.
The premium for this andomement is shown In the Schedule.
Schedule
1. ( )SpscNic Waiver
Name of person or organizalan
(x )BlenkW WMiwr
Any person or orcankallon for whom the Named Insured has agreed by written contract to furnlsh this waiver.
2. Operations: TEXAS OPRRATIONS
9. Premium
The premium charge for this endorsement shall be 2 percent of the premium developed on payroll In connecdon
with work pettamed for the above person(s) or organkatlon(s) arising out of the operations described.
4. Advance Premium
This endorsement cherW the policy to which It is attached and is a fectivo on the date Issued unless othonvlse staled.
(The kftn tollon below Is regtdred only when this endorsement In locoed subseqtwrit to prepar+dicn of the pofisy.)
Endorsement NO" 09112111 Policy No. 4034064773 Endorsement No. f`
Insured Barcom Commercial, Inc. Premium $
Insurance Company Countersigned try.
if
WC 42 03 04 A
(Ed. 1-00)