HomeMy WebLinkAboutC2012-046 - 1/24/2012 - ApprovedS P I A L EC
S P E C
I
F O R M S O F C O
2012 -046
M2012 -016
01/24/12
Associated Construction Partners
P R O V I S 1 %I Lr
F I CATION S
A N D
N T R A C T S & BONDS
F O R
GREENWOOD WWTP
2011 IMPROVEMENTS
September, 2011
WASTEWATER
DEPARTMENT
PREPARED FOR
WASTEWATER DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -1800
Fax: 361/826 -3501
Firm No. 145
2725 Swantner ' CORPUS CHRISTI, TX 78404 -2832
(361) 854 -3101 FAX (361) 854 -6001
U.R.JOB NO. 26175.B0.02
iPROJECT NO: E10203/E10204
DRAWING NO: STL 197 /STL 198
(Revised 7/5/00)
GREENWOOD WWTP 2011 IMPROVEMENTS
Project No. E10203/E10204
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised August 2008)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting
A -2 Definitions and Abbreviations
A-3 Description of Project
A -4 Method of Award
A -5 Items to be Submitted with Proposal
A -6 Time of Completion /Liquidated Damages
A -7 Workers Compensation Insurance Coverage
A -8 Faxed Proposals
A -9 Acknowledgment of Addenda
A -10 Wage Rates (Revised 7/5/00)
: -- A -11 Cooperation with Public Agencies (Revised 7/5/00)
A -12 Maintenance of Services
A -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 Office (NOT USED)
A -18 Schedule and Sequence of Construction
A -19 Construction Project.Layout and Control
A -20 Testing and Certification
A -21 Drojcct Signc (NOT USED)
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
A -23 Tnapcction Required (Revived 7/5/00) (NOT USED)
A -24 Surety Bonds
A 25 Salcc Tax Exemption NO LONGER APPLICABLE (6/11/98)
A -26 Supplemental Insurance Requirements
A -27 Responsibility for Damage Claims
_ A -28 Considerations for Contract Award and Execution
A -29 Contractor's Field Administration Staff
A -30 Amended "Consideration of Contract" Requirements
A -31 Amended Policy on Extra Work and Change Orders
A -32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A -34 Precedence of Contract Documents
(NOT USED)
A -36 Other Submittals ( Revvised 9/18/00)
A- 37 Amended "Arrangement and Charge for Water Furnished by the City"
A -38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
A 39 Certificate of Occupancy and Final Acceptance (NOT USED)
A -40 Amendment to Section B -8 -6: Partial Estimates
A 41 Ozone Ad.vi- ory (NOT USED)
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 (7/5/00)
(NOT USED)
(NOT USED)
A -48 Overhead Electrical Wires (7/5/00)
A -49 Amended "Maintenance Guaranty" (8/24/00)
A -50 Technical Special Provisions
A -51 Contaminated Soils
A -52 Fences
A -53 Protection of Public and Private Property
A -54 Security
A-55 Access roads
A -56 Parking
A -57 Amended "Prosecution and Progress"
A-58 Noise Control
A -59 Dust Control
-
TECHNICAL SPECIAL PROVISIONS
PART B -
PART C
PART S -
030020
032020
038000
PART T -
2B1 [1]
2B3[1]
2G19[3]
2H16[1] ,
2J3[1]
5A1[1]
5E2 [1]
5E3 [1]
5E5[1]
7G3[1]
9K[1]
13C1[1]
13C2
13C3
GENERAL PROVISIONS
FEDERAL WAGE RATES AND REQUIREMENTS
STANDARD SPECIFICATIONS
- Portland Cement Concrete
- Reinforcing Steel
- Concrete Structures
TECHNICAL SPECIFICATIONS
- Site Grading
- Pipe Trench Excavation and Backfill
- Grouting Abandoned Lines
- Concrete Sidewalk and Concrete Driveways
- Seeding
- Structural Steel and Other Metals
- Stairs and Walkways
- Handrails
- Floor Grating Steps (Galvanized Steel)
- Gutters and Downspouts
- Painting
- General Requirements
- Aeration Main Re- Routing
15C1[1] -
15C2[1] -
15C13 [1] -
15D12 [3] -
Electrical Control Room Flood Protection
Improvements
Buried Air Piping
Ductile Iron Pipe and Fittings
Stainless Steel Pipe and Fittings
Butterfly Valves (Air Service)
LIST OF DRAWINGS
NOTICE
AGREEMENT
PROPOSAL /DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
NOTICE TO BIDDERS
NUTICS TV J3IUULab
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
GR ENW9QP WWW WW' 2911 IMPROYEMANT$ ( PRQJECT NQ• E1Q2Q3(E10204 consists of
sitework and demolition, drilled concrete piers, steel supports, concrete
wall extension, stainless steel air piping, butterfly valve, roofing
repair, seeding, small emergency generator, roof downspouts and
miscellaneous items of work required to complete project in accordance with
plans, specifications and Contract Documents,
will be received at the office of the City Secretary until 2:00 p.m. on
Wednesday, October 26, 2011 , and then publicly opened and read. Any bid
received after closing time will be returned unopened.
A pre -bid meeting is scheduled for Thursday, October 13 , 2011 beginning
at 2:00 p.m. The pre -bid meeting will convene at Department of Engineering
Services, Main Conference Room, 3rd Floor, City Hall, 1201 Leopard St.,
Corpus Christi, Texas and will be conducted by the City of Corpus Christi.
The meeting will include a review of the project scope, followed by a
question and answer session. A site visit will follow after the meeting,
if requested.
A bid bond in the amount of 5% of the highest amount bid must accompany
each proposal. Failure to provide the bid bond will constitute a non-
responsive proposal which will not be considered. Failure to provide
required performance and payment bonds for.contracts over $25,000.00 will
result in forfeiture of the 5% bid bond to the City as liquidated damages.
Bidder's plan deposit is subject to mandatory forfeiture to the City if
bidding documents are not returned to the City within two weeks of receipt
of bids.
Plans, proposal forms, specifications and contract. documents may be
procured from the City Engineer upon a deposit of One Hundred and no /100
Dollars ($100.00) as a guarantee of their return in good condition within
two weeks of bid date. Documents can be obtained by mail upon receipt of
an additional ($10.00). which is a non- refundable postage /handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be .done and that
such wage scale is set out in the contract documents obtainable at the
office of the City Engineer and the Contractor shall pay not less than the
wage rates so shown for each craft or type of "laborer," "workman," or
"mechanic" employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, seems
most advantageous to the City and in the best interest of the public.
Revised 7/5/00
CITY OF CORPUS CHRISTI, TEXAS
/s/ Pete Anaya, P.E.
Director of Engrg. Services
/s/ Armando Chapa
City Secretary
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 2009
A Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation, required on
all certificates
Bodily Injury and Property Damage
PER OCCURRENCE / AGGREGATE
Commercial General Liability including:
1. Commercial. Form
2. premises -- Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7, Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY- -- -OWNED NON -OWNED
OR RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$500,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental
discharge; to include long -term
environmental impact for the disposal of
contaminants
$2,000,000 COMBINED SINGLE LIMIT
❑ REQUIRED
X NOT REQUIRED
BUILDERS' RISK
See Section B -6 -11 and Supplemental _
Insurance Requirements
❑ REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER
See Section B -6 -11 and Supplemental
Insurance Requirements
X REQUIRED
❑ NOT REQUIRED
Page 1 0
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.
EFor each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30) days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER' S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 11
TITLE 28
PART 2
CHAPTER 110
SUBCHAPTER B
RULE §110.110
Texas Administrative Code
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defmed in the Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building or construction- -Has the meaning defmed in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor - -A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form
TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer /employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project—Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project -- Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of a self - insured, with the
commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no laterthan seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(13) 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 begi wing work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of
Self - Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5of11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(13) 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 role is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage."
Page 8 of 11
T28 S 110.110(c)(7)
Article . Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of
authority to self- insure issued by the commission, or a coverage agreement (TWCC -81, TWCC-
82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's /person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new cert f cate 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 notes the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verb
coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) 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 self - insured, with the commission's Division of Self-
Page 10of11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of. 11
SECTION A
SPECIAL PROVISIONS
SECTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals /Pre -Bid Meeting
Sealed proposals will be received in conformity with the official advertisement
inviting bids for the project. Proposals will be received in the office of the City
Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00
p.m., Wednesday, October 26, 2011. Proposals mailed should be .addressed in the
following manner:
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL - GREENWOOD WWTP 2011 IMPROVEMENTS
PROJECT NO.E10203/E10204
Any proposals not physically in possession of the City Secretary's Office at the
time and date of bid opening will be deemed late and nonresyonsive. Late proposals
will be returned unopened to the proposer. Theyroposer is solely responsible for
delivery to the City Secretary's Office. Delivery of any proposal, by the proposer,
their agent /representative, U.S. Mail, or other delivery service, to any City
address or office other than the City Secretary's Office will be deemed non-
responsive if not in possession of the City Secretary's Office prior to the date and
time of bid opening.
A pre -bid meeting will be held on Thursday, October 13, 2011, beginning at 2:00 pm.
The pre -bid meeting will convene at the Department of Engineering Services Main
Conference Room, 3b1 Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX., and
will be conducted by the City of Corpus Christi. The meeting will include a review
of the project scope, followed by a question and answer session. A site visit will
follow after the meeting, if requested.
No additional or separate visitations will be conducted by the City.
A -2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A -3 Description of Project
This project consists of sitework and demolition, drilled concrete piers, steel
supports, 'concrete wall extension, stainless steel air piping, butterfly
valve, roofing repair, seeding, small emergency generator, roof downspouts
and miscellaneous items of work required to complete project in accordance with
plans, specifications and Contract Documents.
A -4 Method of Award
The bids will be evaluated based on the following order of priority, subject to the
availability of funds:
1. Total Base Bid
The City reserves the right to reject any or all bids, to waive irregularities and
to accept the bid which, in the City's opinion, is most advantageous to the. City and
in the best interest of the public.
Section A - S.
(Revised 9/18/00)
Page 1 of 25
Explanation of Measurement and Payment
1. Bonds & Insurance:
This item will be measured as a lump sum and shall include the bonds and
insurance required by the Contract Documents. One hundred percent of this item
will be due on the first approved monthly pay estimate. Contractor shall
provide document to show cost incurred.
2. Air Transmission Main Re- Routing:
This item shall be measured as a Lump Sum. This item shall include all work
required to provide the re- routing of the existing buried air transmission
main to above ground, such as move -in, move -out, install new air piping and
supports, abandon and grout slurry fill existing buried air piping and all
work to complete the work that is not measured under another bid item,
complete in place, as outlined in the plans and contract documents.
3. Electrical Control Room Flood Protection Improvements:
This item shall be measured as a Lump Sum. This item shall include all work
required to improve the flood protection in and around the existing control
room, such as move -in, move -out, raise the exiting concrete wall height,
relocate /modify existing stairs, add gutters and downspouts, seal the existing
concrete joints and electrical conduits, install new emergency generator and
platform and all work to complete the work that is not measured under another
bid item, complete in place, as outlined in the plans and contract documents.
4. Joint Seal Replacement at Electrical Control Room
This item is measured by the liner foot of joint sealant installed, including
all materials and labor.
5. Utility Allowance:
Contractor shall insert the figure noted in his bid proposal. This item shall
be used for unforeseen circumstances. Payment shall be negotiated for each
circumstance and must be approved by the Engineer.
6. Items Not Listed on the Proposal:
Items of work not listed on the Proposal Form necessary to complete the
project as shown on the drawings and as specified are considered as subsidiary
to the established bid items and there will be no separate payment.. Their
cost should be included in the appropriate bid item. Any item required on the
plans and contract documents shall be paid under the appropriate bid which
covers the item.
A -5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5% Bid Bond (Must reference Greenwood WWTP 2011 Improvements, Proiect No.
E10203/E10204 as identified in the Proposal).
(A Cashier's Check, certified check, money order or bank draft from any State
or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Time of Completion /Liquidated Damages
The working time for completion of the Project will be 150 Calendar Days. The
Contractor shall commence work within ten (10) calendar days after receipt of
written notice from the Director of Engineering Services or designee ( "City
Engineer ") to proceed.
Days Allocation for Rain
The Contractor shall anticipate the following number of work days lost due to rain
Section A - SP
(Revised 9/18/00)
Page 2 of 25
in determining the contract schedule and for each phase of the contract. A rain day
is defined as any day in which the amount of rain measured by the National Weather
Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No
extension of time will be considered until the expected number of rain days has been
exceeded and the Engineer has agreed that the status of construction was such that
there was an impact detrimental to the construction schedule.
January 3 Days May 4 Days September 7 Days
February 3 Days June 4 Days October 4 Days
March 2 Days July 3 Days November 3 Days
April 3 Days August 4 Days December 3 Days
This project is essentially a construction contract for a period of 150 Calendar
Days, as detailed elsewhere in the contract documents. Damages for exceeding the
total time allotted .shall be independent of damages assessed for each item, as
described above.
After Contract Award and pre- construction meeting is held, the Contractor shall
commence work within ten (10) calendar days after receipt of written notice from the
Director of Engineering Services or designee ( "City Engineer ") to proceed.
For each calendar day that any work remains incomplete after the time specified in
the Contract for completion of the work or after such time period as extended
pursuant to other provisions of this Contract, $300 per Calendar Day will be
assessed against the Contractor as liquidated damages. Said liquidated damages are
not imposed as a penalty but as an estimate of the damages that the City will
sustain from delay in completion of the work, which damages by their nature are not
capable of precise proof. The Director of Engineering Services (City Engineer) may
withhold and deduct from monies otherwise due the Contractor the amount of
liquidated damages due the City from the monthly pay estimate.
A -7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its employees
working on the Project is terminated or canceled for any reason, and replacement
workers' compensation insurance coverage meeting the requirements of this Contract
is not in effect on the effective. date of cancellation of the workers' compensation
insurance coverage to be replaced, then any Contractor employee not covered by the
required workers' compensation insurance coverage must not perform any work on the
Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation insurance
coverage for its employees working on the Project until the date replacement
workers' compensation insurance coverage, meeting the requirements of this Contract,
is in effect for those Contractor employees, liquidated damages will be assessed
against and paid by the Contractor. at the highest daily rate elsewhere specified in
this Contract. Such liquidated damages will accumulate without notice from the City
Engineer to the Contractor and will be assessed and paid even if the permitted time
to complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall not
permit subcontractors or others to work on the Project unless all such individuals
working on the Project are covered by workers' compensation insurance and unless the
required documentation of such coverage has been provided to the Contractor and the
City Engineer.
A -8 Faxed Proposals
Proposals faxed directly to the City will be considered non - responsive. Proposals
must contain original signatures and guaranty and be submitted in accordance with
Section S -2 of the General Provisions.
Section A - SP
(Revised 9/18/90)
Page 3 of 25
A -9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the appropriate
space provided in the proposal. Failure to do so will be interpreted as non- receipt.
Since addenda can have significant impact on the proposal, failure to acknowledge
receipt, and a subsequent interpretation of non- receipt, could have an adverse
effect when determining the lowest responsible bidder.
A -10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for heavy construction shall apply. When conflict
Minimum Prevailing Wage Scales
The Corpus Christi City Council has determined the general prevailing minimum hourly
wage rates for Nueces County, Texas as set out in Part C. The Contractor and any
subcontractor must not pay less than the specified wage rates to all laborers,
workmen, and mechanics employed by them in the execution of the Contract. The
Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day,
or portion thereof, for each laborer, workman, or mechanic employed, if such person
is paid less than the specified rates for the classification of work performed. The
Contractor and each subcontractor must keep an accurate record showing the names and
classifications of all laborers, workmen, and mechanics employed by them in
connection with the Project and showing the actual wages paid to each worker.
The Contractor will make bi- weekly certified payroll submittals to the City
Engineer. The Contractor will also obtain copies of such certified payrolls from all
subcontractors and others working on the Project. These documents will also be
submitted to the City Engineer bi-weekly. (See section for Minority /Minority
Business Enterprise Participation Policy for additional requirements concerning the
proper form and content of the payroll submittals.)
One and one -half (12) times the specified hourly wage must be paid for all hours
worked in excess of 40 hours in any one week and for all hours worked on Sundays or
holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working
Hours.)
A -11 Cooperation with Public Agencies (Revised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities
operating within the limits of the Project. The Contractor shall provide a forty -
eight (48) hour notice to any applicable agency when work is anticipated to proceed
in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 - -8377, the
Lone Star Notification Company at 1- 800 -- 669 -8344, and the Verizon Dig Alert at 1-
800- 483 - 6279. For the Contractor's convenience, the following telephone numbers are
listed.
City Engineer 826 -3500
Project Engineer 826 -3500
Consultant - Urban Engineering
Mark Maroney, P.E. 854-3101
Traffic Engineer 826 -3540
Police Department 886 -2600
Water Department 826 -1881 (826 -1888 after hours)
Wastewater Department 826 -1800 (826 -1888 after hours)
Gas Department 885 -6900 (885 -6913 after hours)
Storm Water Department 826 -1875 (826 -1888 after hours)
Parks & Recreation Department 826 -3461
Streets & Solid Waste Services 826 -1940
AEP 1- 877/373 -4858 -
SBC / A T & T 881 -2511 (1-800-824-4424, after hours)
Signal /Fiber Optic Locate 826 -1946 826 -1960
Cablevision 857 -5000 (857 -5060 after hours)
Section A - SP
(Revised 9/18/00)
Page 4 of 25
ACSI (Fiber Optic)
CenturyTel
ChoiceCom (Fiber Optic)
CAPROCK (Fiber Optic)
Brooks Fiber Optic (MAN)
887 -9200
225/214 -1169
881 -5767
512/935 -0958
972/753-4355
(Pager 800 - 724 -3624
(225/229 -3202 (M)
(Pager 850 - -2981)
(Mobile)
A -12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities, both
above and below ground. The Drawings show as much information as can be reasonably
obtained from existing as -built drawings, base maps, utility records, etc. and from
as much field work as normally deemed necessary for the construction of this type of
project with regard to the location and nature of underground utilities, etc.
However, the accuracy and completeness of such information is not guaranteed. It is
the Contractor's sole and complete responsibility to locate such underground
features sufficiently in advance of his operations to preclude damaging the existing
facilities. If the Contractor encounters utility services along the line of this
work, it is.his responsibility to maintain the services in continuous operation at
his own expense.
In the event of damage to underground utilities, whether shown in the drawings, the
Contractor shall make the necessary repairs to place the utilities back in service
to construct the work as intended at no increase in the Contract price. All such
repairs must conform to the requirements of the company or agency that owns the
utilities.
Where existing sewers are encountered and are interfered with (i.e. broken, cut,
etc.), flow must be maintained. Sewage or other liquid must be handled by the
Contractor, either by connection into other sewers or by temporary pumping to a
satisfactory outlet, all with the approval of the City Engineer. Sewage or other
liquid must not be pumped, bailed or flamed over the streets or ground surface and
Contractor must pay for all fines and remediation that may result if sewage or other
liquid contacts the streets or ground surface. It is also the Contractor's
responsibility to make all necessary repairs, relocations and adjustments to the
satisfaction of the City Engineer at no increase in the Contract price. Materials
for repairs, adjustments or relocations of sewer service lines must be provided by
the Contractor.
A -13 Area Access and Traffic Contro3.
Sufficient traffic control measures must be used to assure a safe condition and to
provide a minimum of inconvenience to motorists. All weather access must be provided
to all residents and businesses at all times during construction. The Contractor
must provide temporary driveways and /or roads of approved material during wet
weather. The Contractor must maintain a stockpile on the Project site to meet the
demands of inclement weather.
The Contractor will be required to schedule his operations so as to cause minimum
adverse impact on the accessibility of adjoining properties. This may include, but
is not limited to, working driveways in half widths, construction of temporary
ramps, etc.
The Contractor shall comply with the
Standards and Practices as adopted
available through the City's Traffic
secure the necessary permit from the
All costs for traffic control are
payment will be made to Contractor.
City of Corpus Christi's Uniform Barricading
by the City. Copies of this document are
Engineering Department. The Contractor shall
City's Traffic Engineering Department.
considered subsidiary; therefore, no direct
Section A -- SP
(Revised 9/18/00)
Page 5 of 25
A -14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and /or spilled
materials going to or from the construction area. Hand labor and /or mechanical
equipment must be used where necessary to keep these roadways clear of job - related
materials. Such work must be completed without any increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more frequently,
if necessary, to prevent material from washing into the storm sewer system. No
visible material that could be washed into storm sewer is allowed to remain on the
Project site or adjoining streets.
A -15 Excavation and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must be
filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is
capable of providing a good growth of grass when applied with seed /sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any
other material that detracts from its appearance or hampers the growth of grass.
All existing concrete and asphalt within the limits of the Project must be removed
unless otherwise noted.
All necessary removals including but not limited to pipe, driveways, sidewalks,
etc., are to be considered subsidiary to the bid item for "Street Excavation ";
therefore, no direct payment will be made to Contractor.
A -16 Disposal /Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and other
unwanted material becomes the property of the Contractor and must be removed from
the site by the Contractor. The cost of all hauling is considered subsidiary;
therefore, no direct payment will be made to. Contractor.
A -17 Field Office (NOT USED)
Thc Contractor must furnish thc City Eng eer or his representative with a field
office at thc construction site. Thc field office must courtala at least 120 square
fcct of ua able space. The field office must bc air conditioned and heated and mu..t
11
City Engineer or his rcprcocntativc. The field office must bc furnished with a
telephone (with 22 -hour per day aneweri rg service) and FAX machine paid for hy tho
Contractor. There is no separate pay item for thc field office-.
A--18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on working
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. A
proposed sequence to maintain the operation of the plant is provided in Spec. 13C.
The plan must also indicate the schedule of the following work items:.
1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre -
Construction Meeting an initial Construction Progress Schedule for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped activities.
Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals for the
entire project.
4. Re- Submission: Revise and resubmit as required by the City Engineer.
Section A - SP
(Revised 9/18/00)
Page 6 of 25
5. Once a Month Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
It is the meaning and intent of this Contract that the Contractor shall be allowed
to prosecute his work at such times and seasons in such order or precedence, and in
such manner as shall be the most conducive to economy of construction, subject to
the following conditions:
a. The schedule of construction shall be structured to meet all requirements of
Section A -6 "Time of Completion" and as noted above.
b. The schedule of construction shall not conflict with any provision of the
Contract Documents and also that when the Owner is having other work done,
either by contract or by their own force, the Engineer may direct the time and
manner of constructing the work done under this Contract so that conflict will
be avoided and the construction of various works being done for the Owner will
be harmonized.
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.
by thc City or Consultant Projcct Engineer.
The Contractor will furnish all lines, slopes and measurements for control of the
work.
If, during construction, it is nccc- . -sa.ry to disturb or destroy a control point or
bcnch marls, the Contractor shall provide thc City er Consultant Project Eng ee —4-°
hours notice so that alternate control points can bc established by thc City or
points or bench marks damaged as a result of thc Contractor's negligence will bc
Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and grade to
properly execute the work, the Contractor shall obtain approval of the City or
Consultant Project Engineer prior to deviation. If, in the opinion of the City or
Consultant Project Engineer, the required deviation would necessitate a revision to
the drawings, the Contractor shall provide supporting measurements as required for
the City or Consultant Project Engineer to revise the drawings.
Thc Contractor shall tic in or reference all valves and manholes, both existing and
proposed, for the purpose of adjusting valves and manholes at thc completion of tho
m ,curing of thc completed work.
Thc Contractor .hall p ovidc thc following certification for documentation and
verification of compliance with the Contract Documents, Plans and Specifications.
Said compliance certification shall bc provided and prepared by a third party
independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the Ctato
of Texas retained and paid by thc Contractor. Thc third party R.P.L.S. shall be
approved by thc City prior to any work. Any discrepancies shall be noted by thc
Streets:
- Curb and gutter flow line
both sides of street on a 200' interval
Section A - SP
(Revised 9/18/00}
Page 7 of 25
Street crowns on a 200' interval and at all intersections.
Wastewater:
All intersecting lints in manholes
• All top of valve boxes
- valve vaults rim
Water:
M.
Storm Water:
- All rim /invert elevations at manhole;
- All intersecting lines in .manhole -s
ecrz
A -20 Testing and Certification
All tests required under this item must be done by a recognized testing laboratory
selected by the Engineer Consultant. The cost of the laboratory testing will be
borne by the City. In the event that any test fails, that test must be done over
after corrective measures have been taken, and the cost of retesting will be borne
by the Contractor and deducted from the payment to the Contractor.
SCHEDULE OF TESTING BY THE CITY:
1.
Concrete
Laboratory Testing:
(1) Mix Design: One for each class of concrete.
(2) Concrete Cylinders: (1 set is 3 cylinders)
a) Flood Protection Wall 2 Sets
b) Pipe Support Drilled Pier 1 Set
SCHEDULE OF TESTING BY CONTRACTOR:
Testing, including sampling, will be performed by Engineer or the testing
firm's laboratory personnel, in the general manner indicated in the
Specifications. Engineer shall determine the exact time, location, and number
of tests, including samples.
Arrangements for delivery of samples and test specimens to the testing firm's
laboratory will be made by Owner. The testing firm's laboratory shall perform
all laboratory tests within a reasonable time consistent with the specified
standards and shall furnish a written report of each test.
Contractor shall furnish all sample materials and cooperate in the testing
activities, including sampling. Contractor shall interrupt the Work when
necessary to allow testing, including sampling, to be performed. Contractor
shall have no claim for an increase in Contract Price or Contract Times due to
such interruption. When testing activities, including sampling, are performed
in the field by Engineer or the testing firm's laboratory personnel,
Contractor shall furnish personnel and facilities to assist in the activities.
When the specifications require inspection of materials or equipment during
the production, manufacturing, or fabricating process, or before shipment,
such services will be performed by Engineer or an independent testing firm or
inspection organization acceptable to Engineer.
Contractor shall give appropriate written notice to Engineer not less than 10
days before offsite inspection services are required, and shall provide for
the producer, manufacturer, or fabricator to furnish safe access and proper
Section A - SP
(Revised 9/18/00)
Page 8 of 25
facilities and to cooperate with inspecting personnel in the performance of
their duties. The inspection organization will submit a written report to.
Engineer, with a copy to Contractor, at least once each week.
The Contractor must provide all applicable certifications to the Engineer
Consultant.
A -21 Project Signs (NOT USED)
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity is
afforded minorities, women and Minority Business Enterprises to participate in
the performance of contracts awarded by the City of Corpus Christi in support
of Equal Employment Opportunity goals and objectives of the Affirmative Action.
Policy Statement of the City dated October, 1989, and any amendments thereto.
In accordance with such policy, the City has established goals, as stated
herein, both for minority and female participation by trade and for Minority
Business Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been awarded a
City contract.
b. Subcontractor:
association, or
labor, services,
foregoing under
•
Any named person, firm, partnership, corporation,
joint venture as herein identified as providing work,
supplies, equipment, materials or any combination of the
contract with a prime contractor on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned and
controlled by one or more minority person(s). Minority persons include
Blacks, Mexican - Americans and other persons of Hispanic origin, American
Indians, Alaskan Natives, and Asians or Pacific Islanders. For the
purposes of this section, women are also considered as minorities.
Minority person(s) must collectively own, operate and /or actively manage,
and share in payments from such an enterprise in the manner hereinafter
set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority business
enterprise, it must be owned by a minority person.
(b) For an enterprise doing business as a partnership, at least
51.0% 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).
Section A - SP
(Revised 9/18/00)
Page 9 of 25
3. Share in Payments
Minority partners, proprietor or stockholders, of the enterprise,
as the case may be, must be entitled to receive 51.0% or more of
the total profits, bonuses, dividends, interest payments,
commissions, consulting fees, rents, procurement, and subcontract
payments, and any other monetary distribution paid by the business
enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is owned
and controlled by a woman, a partnership at least 51.0% of whose assets
or partnership interests are owned by one or more women, or a corporation
at least 51.0% of whose assets or interests in the corporate shares are
owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof, founded
to carry on a single business activity which is limited in scope and
direction. The degree to which a joint venture may satisfy the stated
MBE goal cannot exceed the proportionate interest of the MBE as a member
of the joint venture in the work to be performed by the joint venture.
For example, a joint venture which is to perform 50.0% of the contract
work itself and in which a minority joint venture partner has a 50.0%
interest, shall be deemed equivalent to having minority participation in
25.0% of the work. Minority members of the joint venture must have
either financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the ContractorTs aggregate
work force on all construction work for the Contract award are as
fO11ows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45% 15%
b. These goals are applicable to all the construction work (regardless of
federal participation) performed in the Contract, including approved
change orders. The hours of minority employment must be substantially
uniform throughout the length of the Contract and in each trade. The
transfer of minority employees from Contractor to Contractor or from
project to project for the sole purpose of meeting the ContractorTs
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.
Section A M SP
(Revised 9/18/00)
Page 10 of 25
A -23 Inspection Required (Revised 7/5/00). (NOT USED)
The Contractor shall ass -urc the appropriate building inspections by thc Building
required by City.
A -24 Surety Bonds
Paragraph two (2). of Section B -3 -4 of the General Provisions is changed to read as
follows:
No surety will be accepted by the City from any Surety Company who is
now in default or delinquent on any bonds or who has an interest in any
litigation against the City. All bonds must be issued by an approved
Surety Company authorized to do business in the State of Texas. If
performance and payment bonds are in an amount in excess of ten percent
(10 %) of the Surety Company's capital and surplus, the Surety Company
shall provide certification satisfactory to the City Attorney that the
Surety Company has reinsured the portion of the bond amount that exceeds
ten percent (10 %) of the Surety Company's capital and surplus with
reinsurer(s) authorized to do business in the State of Texas. The amount
of the bond reinsured by any reinsurer may not exceed ten percent (10 %)
of the reinsurer's capital and surplus. For purposes of this section,
the amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual statutory
financial statement of the Surety Company or reinsurer authorized and
admitted to do business in the State of Texas. The Surety shall
designate an agent who is a resident of Nueces County, Texas. Each bond
must be executed by the Contractor and the Surety. For contracts in
excess of $10.0,000 the bond must be executed by a Surety company that is
certified by the United States Secretary of the Treasury or must obtain
reinsurance for any liability in excess of $100,000 from a reinsurer that
is certified by the United States Secretary of the Treasury and that
meets all the above requirements. The insurer or reinsurer must be
listed in the Federal Register as holding certificates of authority on
the date the bond was issued."
A-25 Sales Tax Exemption (NOT USED)
following 3ubotitutcd in lieu thereof.
not qualify for exemption:: of Sales, Excinc, and Uoc Taxer,' unless thc Contractor
or ouch other rulco or regulation's ao may be promulgated by thc Comptroller of
Public Aents of Texas.
If thc Contractor elects to operate under a .;cparatcd contract, he shall:
1. Obta e thc necessary &alcs tax permi -ts frem the State Comptroller.
2. Identify in thc appropriate space on the "Statement of Materials and Other
Charges" in thc proposal form thc coot of materials physically incorporated
into thc Project.
Section A - SP
(Revised 9/18/00)
Page 11 of 25
3. Provide rc; alc ccrtifi too to oupplicr. .
value of matcriala.
ee,
certificate to hio eupplicr.
A -26 Supplemental insurance Requirements
For each insurance coverage provided in accordance with Section B -6 -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable insurance
policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or restricts the
insurance afforded by this coverage part, each insurer covenants to mail prior .
written notice of cancellation or material change to:
1. Name:City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469 -9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or copies
thereof certified by the insurer, within thirty (30) calendar days after the date
the City Engineer requests that the Contractor sign the Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests that the
Contractor sign the Contract documents, the Contractor shall provide the City
Engineer with a certificate of insurance certifying that the Contractor provides
worker's compensation insurance coverage for all employees of the Contractor
employed on the Project described in the Contract.
For each insurance coverage provided in accordance with Section B -6 -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable insurance
policy, signed by the insurer, stating that the City is an additional insured under
the insurance policy. The City need not be named as additional insured on Worker's
Compensation coverage.
For contractual liability insurance coverage obtained in accordance with Section B-
6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this
coverage stating:
Contractor agrees to indemnify, save harmless and defend the City, its
agents, servants, and employees, and each of them against and hold it and
them harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, including court costs and attorneys' fees, for or on
account of any injury to any person, or any death at any time resulting
from such injury, or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the work
covered by this Contract. The foregoing indemnity shall apply except if
such injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any person
indemnified hereunder.
Section A - SP
(Revised 9 /18/00)
Page 12 of 25
A -27 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is
amended to include:
Contractor must provide Installation Floater insurance coverage for the term of
the Contract up to and including the date the City finally accepts the Project
or work. Contractor must pay all costs necessary to procure such insurance
coverage, including any deductible. The City must be named additional insured
on any policies providing such insurance coverage.
A -28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform its
obligations under the proposed contract, then prior to award, the City Engineer may
require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to pay for
— services or materials supplied against any of its projects begun within the
preceding two (2) years. The bidder shall specify the name and address of the
party holding the lien, the amount of the lien, the basis for the lien claim,
and the date of the release of the lien. If any such lien has not been
released, the bidder shall state why the claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for services or
materials supplied which relate to any of its projects begun within the
preceding two (2) years. The bidder shall specify the name and address of the
claimant, the amount of the claim, the basis for the claim, and an explanation
why the claim has not been paid.
A bidder may also be required to supply construction references and a financial
statement, prepared no later than ninety (90) days prior to the City Engineer's
request, signed and dated by the bidder's owner, president or other authorized
party, specifying all current assets and liabilities.
A -29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The superintendent must have at least five (5) years recent experience in the
day -to -day field management and oversight of projects of a similar size and
complexity to this Project. This experience must include, but is not
necessarily limited to, scheduling of manpower and materials, structural steel
erection, masonry, safety, coordination of subcontractors, and familiarity with
the submittal process, federal and state wage rate requirements, and contract
close -out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foreman, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foreman cannot act as superintendent without prior written approval from the City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
Section A - SP
(Revised 9/18/00)
Page 13 of 25
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent or foreman assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B -7 -I3.
A -30 Amended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts"
Section B -3 -1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must
submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each major
component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the Contract,
along with a description of the work and dollar amount for each firm; and
substantiation, either through appropriate certifications by federal agencies
or signed affidavits from the MBE firms, that such MBE firms meet the
guidelines contained herein. Similar substantiation will be required if the
Contractor is an MBE. If the responses do not clearly show that MBE
participation will meet the requirements above, the bidder must clearly
demonstrate, to the satisfaction of the City Engineer, that a•good faith effort
has, in fact, been made to meet said requirements but that meeting such
requirements is not reasonably possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will perform
the work.
The City Engineer retains the right to approve all subcontractors that will
perform work on the Project. The Contractor shall obtain written approval by
the City Engineer of all of its subcontractors prior to beginning work on the
Project. If the City Engineer does not approve all proposed subcontractors, it
may rescind the Contract award.
In the event that a subcontractor previously listed and approved is sought to
be substituted for or replaced during the term of the Contract, then the City
Engineer retains the right to approve any substitute or replacement
subcontractor prior to its participation in the Project. Such approval will
not be given if the replacement of the subcontractor will result in an increase
in the Contract price. Failure of the Contractor to comply with this provision
constitutes a basis upon which to annul the Contract pursuant to Section B-
7 -13;
Section A - SP
(Revised 9/18/00}
Page 14 of 25
7. A preliminary progress schedule indicating relationships between the major
components of the work. The final progress schedule must be submitted to the
City Engineer at the pre- construction conference;
8. Documentation required pursuant to the Special Provisions A -28 and A -29
concerning Considerations for Contract Award and Execution and the Contractor's
Field Administration Staff.
9. Documentation as required by Special Provision A -35 -K, if applicable.
1.0. Within five (5) days following bid opening, submit in letter form, information
identifying type of entity and state, i.e., Texas (or other state) Corporation
or Partnership, and name(s) and Title(s) of individual(s) authorized to execute
contracts on behalf of said entity.
A -31 Amended Policy on Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-
8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced
with the following:
Contractor acknowledges that the City has no obligation to pay for any extra
work for which a change order has not been signed by the Director of
Engineering Services or his designee. The Contractor also acknowledges that
the City Engineer may authorize change orders which do not exceed $25,000.00.
The Contractor acknowledges that any change orders in an amount in excess of
$25,000.00 must also be approved by the City Council.
A -32 Amended "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-
3 -5 Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the
City Engineer delivers a contract to the Contractor which bears the signatures
of the City Manager, City Secretary, and City Attorney, or their authorized
designees. Contractor has no cause of action of any kind, including for breach
of contract, against the City, nor is the City obligated to perform under the
Contract, until the date the City Engineer delivers the signed Contracts to the
Contractor.
A -33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre -Bid Meeting referred to in Special Provision A-1.
A -34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given to
addenda issued during the bidding phase of the Project, second precedence will be
given to the Special Provisions, third precedence will be given to the construction
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, Speciai Provisions and Supplemental Special Provisions (if applicable),
construction plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
Section A - SP
(Revised 9/18/00)
Page 15 of 25
A -35 City Water Facilities: Special Requirements
(NOT USED)
subcontractors, and ach of their employees must have on their person a
Personnel. A Visitor /Contractor Safety Orientation Program will be
Attachment 1.
operator or other authorised maintenance employee of the City Water
Department.
C. Protection of Water Quality
protect thc quality of thc water.
D. Conformity with ANSI /NSF Standard 61
contact with-potable water.
E. Handling and Di:,poca1 of Trash
F. Contractor's personnel must w ar colored uniferm overalls other than
and indiv4, ual employee identification.
Section A - SP
(Revised 9/18/00)
Page 16 of 25
H. Wonting hours will bc 7400 n...i�. to 5:00 p.m., Monday thru Friday.
I. Contractor must not use any City facility restrooms. Contractor must-
by City Watcr Dcpartmcnt staff. All Contractor vchicics must bc cicarly
labeled with company namc. No private employee vchicics arc allowcd at 0.
K. Contractor Qualifications SCADl' •(SUPERVISORY CONTROL AND DATA
ACQUISITION)
determined b
mccting .thc qualifications 1 thru 9 below. This work
dcbugging, calibrating, or placing in operation all hardware and /or
mtat bc able to dcmonstratc thc following:
..,
1. He is regularly engaged in the computer based monitoring and
3.
water and wactcwatcr industry;
complexity as rcquircd in this Contract on at least three prior
projects.
for at.lcast 5 years.
Enginccr, or an Electrical Enginccr to supervise or perform thc
work rcquircd by this spccificationo .
completed a manufacturer's training coursc in configuring and
for thc Contract.
7.
$.
ZZZ
facility within 400 milts of thc Projcct site to maintain, repair,
calibrate, and program thc systems spccificd hcrcin.
He shall furnis -h equipment which is thc product of onc
manufacturcr to thc maximum practical extent. Whcrc thi;- is not
practical, all cquiprxcnt of a givcn type will bc thc product of
onc manufacturcr.
Prior performanca at thc 0. N. Stevens Watcr Treatment Plant will
thc new work for this Projcct.
an cxamplc of thc required programming blocks which thc City
requires to bc filled in and givcn to thc City Enginccr with all
changcs madc during thc programming phase. The attached sheet is
The Contractor wil
Section A - SP
(Revised 9/18/00)
Page 17 of 25
L. Trenching Rcquircracntc
on the project.
A -36 Other Submittals
1. Shop Drawing Submittal.: The Contractor shall follow the procedure outlined
below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to the
City Engineer or his designated representative. The Engineer will retain
six sets (seven if electrical) for distribution to City staff, inspector
and Engineer's file. Contractor shall submit the additional number
required for return for his files, manufacturers, sub - contractors, etc.
b. Reproducibles: In addition to the required copies, the Contractor shall
also submit one (1) reproducible transparency for all shop drawings.
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.
Variations: Contractor must identify any proposed variations from the
Contract documents and any Product or system limitations which may be
detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for Contractor
and Engineer review stamps on all submittal forms.
Resubmittals: Contractor must revise and resubmit submittals as required
by City Engineer and clearly identify all changes made since previous
submittal.
g.
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.
Section A - SP
{Revised 9/18/00)
Page 18 of 25
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must submit
three (3) copies of all shop test data, and repair report, and all on -site test
data within the specified time to the City Engineer for approval. Otherwise,
the related equipment will not be approved for use on the project.
A -37 Amended '}Arrangement and Charge for Water Furnished by the City"
Under "General Provisions and Requirements for Municipal Construction Contracts ", B-
6-15 Arrangement and Charge for Water Furnished by the City, add the following:
"The Contractor must comply with the City of Corpus Christi's Water
Conservation -and Drought •Contingency Plan as amended (the "Plan "). This
includes implementing water conservation measures established for changing
conditions. The City Engineer will provide a copy of the Plan to Contractor at
the pre - construction meeting. The Contractor will keep a copy of the Plan on
the Project site throughout construction."
A -38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors 'B'" are incorporated by reference in
this Special Provision.
A -39 Certificate of Occupancy and Final Acceptance (Not Used)
A -40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts Section 8-
8 -6: Partial Estimates is amended to provide that approximate estimates from which
partial payments will be calculated will not include the net invoice value of
acceptable, non - perishable materials delivered to the Project worksite unless the
Contractor provides the City Engineer with documents, satisfactory to the City
Engineer, that show that the material supplier has been paid for the materials
delivered to the Project worksite.
A -41 Ozone Advisory (NOT USED)
ezonc advisory has bccn issued, except for repairs. The City Engineer will netify
price indicwtcd 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 Harmless
Under "General Provisions and Requirements for Municipal Construction Contracts" B-
--
6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the
following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys, and
agents harmless and shall indemnify the City, its officials, •employees,
attorneys, and agents from any and all damages, injury or liability whatsoever
from an act or omission of the contractor, or any subcontractor, supplier,
7
Section A - SP
(Revised 9/18/00)
Page 19 of 25
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) tipon completion of each facility, the Contractor shall furnish Owner with
one set of direct prints, marked with red pencil, to show as -built
dimensions and locations of all work constructed. As a minimum, the final
drawings shall include the following:
(1)
(2)
(3)
(4)
(5)
(6)
Horizontal and vertical dimensions due to substitutions /field
changes.
Changes in equipment and
dimens±e c
duc to substitution,,.
Deletions, additions, and changes to scope of work.
Any other changes made.
Horizontal and vertical dimensions of existing utilities affected,
crossed or found during the construction.
A-46 Disposal. of Highly Chlorinated water (7/5/00) (NOT USED)
A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED)
pipelines at a maximum of 3-00 -acct O.C. and Centraeter ';shall survey the accurate
Section A - SP
(Revised 9 /18/00)
Page 20 of 25
8.C.
station thcrcef, distaiacc to the p cment centerline and cica-tion3 of the top of
existing utilities.
Contractor shall perform no construction work until all exploratory cxciavationa have
the,--EngIncer and until Contractor receives Engineer's approval of report.
A -48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to proximity
of construction equipment beneath overhead electrical wires. There are many overhead
wires crossing the construction route and along the construction route. Contractor
shall use all due diligence, precautions, etc., to ensure that adequate safety is
provided for all of his employees and operators of equipment and with regard to
ensuring that no damage to existing overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his
construction schedule with regard to said overhead lines..
Some overhead lines are shown in the construction plans, while others are not. It
shall be the Contractor's sole responsibility to provide for adequate safety with
regard to overhead lines whether shown in the plans or not.
A -49 Amended "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction Contracts ", B-
8 -11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available to
benefit the City of Corpus Christi. Neither the guarantee nor expiration of the
guarantee period will operate to reduce, release, or relinquish any rights or
remedies available to the City of Corpus Christi for any claims or causes of
action against the Contractor or any other individual or entity."
A -50 Technical Special Provisions
The requirements of "Technical Special _Provisions" are incorporated by reference
in these Special Provisions.
A -51 Contaminated Soils
If, during the construction, an area is suspected of a high level of contamination,
then the City will have the area tested. If the area proves to have a high level of
contamination, then the Contractor shall comply with the regulations of the TCEQ who
has jurisdiction concerning policies as to the reuse of this material, the
.Contractor shall follow the following procedures:
1. Material Reuse: Excavated material that contains indications of elevated
levels of contamination may be utilized as backfill for excavations, up to 24"
from the surface of the finished grade. It will be the Contractor's
responsibility to incorporate as much as possible of the contaminated material
into the backfill. Clean material with no indication of contamination shall
be used with the top 24" of the trench. All materials used for the backfill
of excavations shall also conform to the trench embedment section shown on the
construction drawings.
Section A - SP
(Revised 9/18/00)
Page 21 of 25
2. On -Site Stockpiles: Excess material from excavation, whether non - contaminated
or contaminated with any detectable concentration of contaminants, shall be
handled in such a way as to prevent run -on, runoff., and infiltration of
contamination from precipitation. Contaminated stockpiles shall be underlain
by plastic, with a clean -soil berm covered with plastic around the perimeter.
The contaminated stockpiles shall be covered with plastic and secured to
prevent loss of the cover due to wind or storms. Maintenance and cleanup of
any stockpile areas shall be the responsibility of the Contractor.
3. Disposal of Excess Non- Contaminated Soil: The balance of any non - contaminated
soil not used in backfill, shall become the property of the Contractor and
shall be hauled off and disposed of by the Contractor at the designated
disposal site.
4. Disposal of Contaminated Soil: All costs associated with excavating
contaminated soil, transporting contaminated soil, landfill disposal fees,
constructing and maintaining a stockpile in the required manner, and cleaning
up the project site after the contaminated soil is removed shall be paid for
by the cubic yard as measured by the City Inspector. Excess contaminated soil
will be transported by the Contractor to a safe disposal area to be designated
by the City.
5. OSHA Training: Contractor shall be responsible for providing proper OSHA
hazardous waste training that is required for construction personnel working
in contaminated areas.
A-52 Fences
All existing fences affected by the work shall be maintained by Contractor until
completion of the work. Fences which interfere with construction operations shall
not be relocated or dismantled until written permission is obtained from the owner
of the fence by the Contractor, and the period the fence may be left relocated or
dismantled has been agreed upon. Where fences must be maintained across the
construction easement, adequate gates shall be installed. Gates shall be kept
closed and locked at all times when not in use. On completion of the work across
any tract of land, Contractor shall restore all fences to their original or to a
better condition and to their original locations. There shall be no separate
payment for removal, replacement or repairs to existing fences.
A -53 Protection of Public and Private Property
Contractor shall protect, shore, brace, support, and maintain all underground pipes,
conduits, drains, and other underground construction uncovered or otherwise affected
by his construction operations. All pavement, surfacing, driveways, curbs, walks,
buildings, utility poles, guy wires, fences, and other surface structures affected
by construction operations, together with all sod and shrubs in yards, parkways, and
medians, shall be restored to their original condition, whether within or outside
the easement. All replacements shall be made with new materials.
No trees shall be removed outside the permanent easement, except where authorized by
Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and
parkings when on or near the line of trench. Hand excavation shall be employed as
necessary to prevent injury to trees. Trees left standing shall be adequately
protected against damage from construction operations.
Contractor shall be responsible for all damage to streets, roads, highways,
shoulders, ditches, embankments, culverts, bridges, and other public or private
property, regardless of location or character, which may be caused by transporting
equipment, materials, or workers to or from the Work or any part or site thereof,
whether by him or his Subcontractors. Contractor shall make satisfactory and
acceptable arrangements with the owner of, or the agency or authority having
jurisdiction over, the damaged property concerning its repair or replacement or
payment of costs incurred in connection with the damage.
Section A - SP
(Revised 9/18/00)
Page 22 of 25
All fire hydrants and water control valves shall be kept free from obstruction and.
available for use at all times.
A -54 Security
Contractor shall be responsible for protection of the site, and all Work, materials,
equipment, and existing facilities thereon, against vandals and other unauthorized
persons.
No claim shall be made against Owner by reason of any act of an employee or
trespasser, and Contractor shall make good all damage to Owner's property resulting
from his failure to provide security measures as specified.
Security measures shall be at least equal to those usually provided by Owner to
protect his existing facilities during normal operation, but shall, also include such
additional security fencing, barricades, lighting, and other measures as required to
protect the site.
A -55 Access Roads
Contractor shall establish and maintain temporary access roads to various parts of
the site as required to complete the Project. Such roads shall be available for the
use of all others performing work or furnishing services in connection with the
Project.
A -56 Parking
Contractor shall provide and maintain suitable parking areas for the use of all
construction workers and others performing work or furnishing services in connection
with the Project, as required to avoid any need for parking personal vehicles where
they may interfere with public traffic, Owner's operations, or .construction
activities.
A -57 Amended "Prosecution and Progress ".
Under "General Provisions and Requirements for Municipal Construction Contracts ", B-
7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for any
reason, are not appropriated in any given year, the City may direct suspension
or termination of the contract. If the Contractor is terminated or suspended
and the City requests remobilization at a later date, the Contractor may
request payment for demobilization /remobilization costs. Such costs shall be
addressed through a change order to the contract.
A -58 Noise Control
Contractor shall take reasonable measures to avoid unnecessary noise. Such measures
shall be appropriate for the normal ambient sound levels in the area during working
hours. All construction machinery and vehicles shall be equipped with practical
sound- muffling devices, and operated in a manner to cause the least noise consistent
with efficient performance of the Work.
During construction activities on or adjacent to occupied buildings, and when
appropriate, Contractor shall erect screens or barriers effective in reducing noise
in the building and shall conduct his operations to avoid unnecessary noise which
might interfere with the activities of building occupants.
A -59 Dust Control
Contractor shall take reasonable measures to prevent unnecessary dust. Earth
surfaces subject to dusting shall be kept moist with water or by application of a
chemical dust suppressant. When practicable, dusty materials in piles or in transit
shall be covered to prevent blowing dust.
Section A - SP
(Revised 9/18/00)
Page 23 of 25
Buildings or operating facilities which may be affected adversely by dust shall be
adequately protected from dust. Existing or new machinery, motors, instrument
panels, or similar equipment shall be protected by suitable dust screens. Proper
ventilation shall be included with dust screens.
Monthly payment will be withheld if this provision is not followed.
Section A - SP
(Revised 9/18/00)
Page 24 of 25.
SUBMITTAL TRANSMITTAL FORM
PROJECT: GREENWOOD WWTP 2011 IMPROVEMENTS, PROJECT NO. E10203/E10204
OWNER: City of Corpus Christi
ENGINEER: Urban Engineering
CONTRACTOR:
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - SP
(Revised 9/18/00)
Page 25 of 25
TECHNICAL
SPECIAL PROVISIONS
TECHNICAL SPECIAL PROVISIONS
These Technical Special Provisions amend or supplement the Technical
Specifications and other provisions of the Contract Documents. All
provisions which are not so amended or supplemented remain in full force and
effect.
ARTICLE TS -1 DEFINITIONS
ENGINEER - Whenever the word "ENGINEER" is used in this Contract, it shall
be understood as referring to Urban Engineering Consulting Engineers, 2725
Swantner, Corpus Christi, Texas 78404 -2832, (361) 854 -3101, or their
authorized representative.
Design Specification - Whenever the term "Design Specification" is used, it
shall be understood that the performance of the completed work is as
designed by the ENGINEER, and the CONTRACTOR must follow the requirements of
the drawings and specifications; followed the manufacturer's recommendations
(material and equipment); followed industry standard procedures and provided
top quality workmanship.
Performance Specification - Whenever the term "Performance Specification" is
used, it shall be understood that the performance of the completed work is
the responsibility of the CONTRACTOR, provided the OWNER has faithfully
followed all written operational and maintenance instructions supplied by
the CONTRACTOR. (The CONTRACTOR is not relieved of the responsibility for
improper performance of the completed work even if there was improper
operation and /or maintenance by the OWNER but it obviously was not the cause
of improper performance.) In a performance specification, the CONTRACTOR is
responsible for the design of the item furnished and installed by him. It is
intended that the item function properly without excessive operation and
maintenance being required by the OWNER. The item furnished must incorporate
the features specified but still perform as intended. The materials
specified are to set a minimum standard but shall not be considered a
design. If the design furnished by the CONTRACTOR requires higher quality
material in order to perform as intended, it shall be furnished at no
increase in cost to the Contract amount. When minimum dimensions are
specified, they shall not be considered a design. If the design furnished by.
the CONTRACTOR requires larger dimensions in order to perform as intended,
it shall be furnished at no increase in cost to the Contract amount.
Work -- Whenever the word "Work" is used it shall be understood as referring
to all materials, supplies, machinery, equipment, plant, tools,
superintendence, labor, bonds, insurance, water, light, power, fuel,
transportation, royalty fees and any other facilities necessary to the
proper execution and completion of the project. The Contractor shall
provide and pay for all the aforementioned items.
ARTICLE TS -2 ERRORS AND OMISSIONS
The Contractor shall carefully check these specifications and the Contract
Drawings, and report to the Engineer any errors or omissions discovered,
whereupon full instructions will be furnished promptly by the Engineer. If
errors or omissions are so discovered and reported before the work to which
they pertain is constructed, and if correction of such errors or omissions
Tech. Spec. Prov.
Page 1 of 3
causes an increase in Contractor's cost, Contractor shall be compensated for
such increase in cost as provided elsewhere.
Contractor shall bear the expense of correcting any errors and omissions on
the drawings or specifications which are not discovered or reported by the
Contractor prior to construction and which, in the opinion of the Engineer,
could have been discovered by reasonable diligence on the part of the
Contractor. It is the intent of this Contract that all work must be done
and all material must be furnished in accordance with the generally accepted
practice. Further, it is the intent of the Contract Documents that the
Contractor shall perform all work to complete the project ready for its
intended use.
ARTICLE TS -3 LACK OF INFORMATION
If the Contractor feels that there is insufficient information in order for
him to prepare his bid and /or construct the work, he is required to make a
written request for additional information. The Contractor shall not use
the lack of information as a basis for requesting extra compensation.
ARTICLE TS -4 LAYOUT OF THE WORK
The Contractor shall layout the work from the existing facilities. If, for
whatever reason, it is necessary to deviate from proposed line and grade to
properly execute the work, the Contractor shall obtain approval of the
Engineer prior to deviation. If, in the opinion of the Engineer, the
required deviation would necessitate a revision to the Drawings, the
Contractor shall provide supporting measurements as required by the
Engineer.
ARTICLE TS -5 QUALIFICATIONS OF MANUFACTURER'S FIELD SERVICE REPRESENTATIVES
1. General: The technical specifications require that for certain
equipment and other items, the manufacturer shall include in his cost
to the Contractor specified periods of on -site time of a qualified
factory field service engineer to provide certain services. Providing
these services is an extremely important part of seeing that the item
is installed, adjusted and serviced properly. This, in turn, will
help insure that the item furnished will function as intended and have
a useful, trouble -free service life.
2. Prior Approval: As part of the submittal data required, the name and
complete qualifications of the person the manufacturer proposes to
send as his representative must be included. The Engineer will have
the right to reject any person who, in the Engineer's opinion, is not
qualified to perform the required services based on the information
furnished.
3. On -The -Site Rejection: In the event a manufacturer's representative,
while on the job site, demonstrates (in the opinion of the Engineer)
that he /she is not thoroughly qualified to perform the required
services, the Engineer shall have the right to immediately stop these
services. The Contractor is obligated to replace the manufacturer's
representative with a person who is qualified to redo as much of the
completed service designated by the Engineer and complete the
Tech. Spec. Prov.
Page 2 of 3
remaining services. This shall be done at no increase in the Contract
amount (no cost to the City).
4. Video Tapes: The City reserves the right to video tape any and all
services performed by manufacturer's field service representative(s).
The Contractor shall give the. Engineer seven days advance notice of
when services will be performed by the manufacturer's representative.
Should the Contractor fail to provide the required advance notice, the
Engineer shall have the right to reschedule services to accommodate
the City.
ARTICLE TS -6 TENTATIVE APPROVAL AND ALTERNATE DESIGNS
1. Alternate Design Concept:
a General: If a Contractor desires to base his bid on a concept
different from that shown in the Contract Documents, it shall be
said Contractor's responsibility to submit to the Engineer, 14
days prior to the date of bid opening, complete details of said
concept including required modifications, if any, to existing or
proposed structures. The final decision to accept or reject the
alternate design concept shall rest solely with the Engineer
acting on behalf of the City, with said acceptance or rejection
being in writing from the Engineer to the prospective bidder no
later than 48 hours before bid opening time. Time is of the
essence, and failure of the bidder using a different design
concept, from that shown on the drawings or described in these
specifications, to submit to the Engineer complete details 14 days
prior to bid opening will cause said concept to be excluded from
consideration. Alternate Designs not obtaining approval prior to
bidding shall not be used in the construction of this project.
b. Equipment: If the approved alternate design involves equipment,
the Contractor is not relieved of any responsibility regarding
performance of the equipment after installation. Likewise, no
extras will be paid the Contractor for any changes found necessary
to adapt the alternate equipment, such as modifications to the
drawings, structural or foundation changes, additional piping and
valves, changes in pipe sizes, electrical alterations, or any
other modifications.
Tech. Spec. Prov.
Page 3 of 3
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 24th day of January, 2012, 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 Associated Construction Partners, Ltd. termed in the Contract Documents
as "Contractor," upon these terms, performable in Nueces County, Texas:
In consideration of the payment of $452,900.00 by City and other obligations of
City as set out herein, Contractor will construct and complete certain improvements
described as follows:
GREENWOOD WWTP 2011 IMPROVEMENTS
PROJECT NO. E10203/ E10204
(TOTAL BASE BID: $452,900)
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 ten (10) calendar days from date they
receive written work order and will complete same within 150 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 Secretary
APPROVED AS TO LEGAL FORM:
By: V�
Asst. City Attorney
ATTEST: (If Corporation)
(Seal Below)
(Note: If Person signing for
corporation is not President,
attach copy of authorization
to sign)
r^
CITY OF CARPUS CHRISTI
By:
Oscar Martinez
Assistant City Manager Public Works,
Utilities, and Transportation
ff
By:
Daniel Biles, P.E.
Interim Director of Engineering Services
CONTRACTOR
Associated Construction Partners, Ltd.
By:
Title:
toittO
215 W. Bandera Rd., Ste.114 -461
(Address)
Boerne, TX 78006
(City) (State)(ZIP)
210/698-8714 * 210/698 -8712
(Phone) (Fax)
Page 3 of 3
Rev. Jun -2010
1112--9.17:,.°1119, AU1HUttssue:
I T COUNCIL ..!1 11`2-
P R O P O S A L F O R M
F O R
GREENWOOD WWTP 2011 IMPROVEMENTS
Project No. E10203/E10204
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PROPOSAL FORM
PAGE 1 OF 6
Proposal o
OR
P R O P O S A L
Place :O A 10 °O 7 r
Date: 1U Uhl
a Corporation organized and existing under the laws of
the State of
r.
a Partnership or Individual doing business as
Acsuit-40 l,UVi ktnioUvn, vY►um
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
GREENWOOD WWTP 2011 IMPROVEMENTS
Project No. E10203/E10204
at the locations--set. out by the plans - -and- specifications- and -in
strict accordance. with the .contract documents for the. following
prices, to -wit:
PROPOSAL FORM
PAGE 2 OF 6
GREENWOOD WWTP 20].1 IMPROVEMENTS
CITY PROJECT NO. E10203/E10204
RASE BID
NOTE: The above unit prices must.include all labor, materials, bailing, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for and the
Owner reserves the right to increase or decrease the quantity of any bid item. The. above
quantities are approximate, include an additional 5% in some. cases, and may vary from the
final quantities. Do not order material based on these approximate quantities.
PROPOSAL FORM
PAGE 3 of E
II
III
TV
V
BID
QTY &
DESCRIPTION
. UNIT PRICE
BID ITEM EXTENSION
(QTY & UNIT PRICE IN FIGURES)
ITEM
UNIT
1
1
LS
Bonds /Insurance, complete in
place per LS
04000
$ bop
2
1
LS
Air Transmission Main Re-
Routing, complete in place per
3. # 000
$ 41 000
3
1
IS
Electrical Control Room Flood
Protection Improvements,
complete in place per LS
b 1 000
$ D
(� v
9
130
LF
Joint Seal Replacement at
Electrical Control Room,
Complete 'in Place per LF
50400
$ Q 2 pot oO
J TI V
5
1
LS
Utility Allowance (Mandatory
Allowance), complete in place. $20,000.00
per LS
$20,000.00
TOTAL BASE BID
(Items 1 -4)
$ 45.2-1 010 0+ 06
NOTE: The above unit prices must.include all labor, materials, bailing, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for and the
Owner reserves the right to increase or decrease the quantity of any bid item. The. above
quantities are approximate, include an additional 5% in some. cases, and may vary from the
final quantities. Do not order material based on these approximate quantities.
PROPOSAL FORM
PAGE 3 of E
The undersigned hereby declares that he has visited the site arid has
carefully examined the plans, specifications and contract documents relating to the
work covered by his bid or bids, that he agrees to do . the work, and that no
representations made by the City are in any sense a warranty but are mere estimates
for the guidance of the Contractor.
(Ipon notification of award of contract, we will within ten (10) calendar
days - execute the.-formal conLrdcL and will deliver a Performance Bond (as required) for
the faithful performance of this contract and a Payment Bond (as required) to insure
payment for all labor and materials. The bid bond attached to this proposal, in the
amount of 5% of the highest amount bid, is to become the property of the City of
Corpus Christi in the event the contract and bonds are not executed within the time
above set forth as liquidated damages for the delay and additional work caused
thereby.
Minority /Minority Business Enterprise Participation: The apparent Iota
bidder shall, within five days of receipt of bids, submit to the City Engineer, in
writing, the names and addresses of MBE firms participating in the contract and a
description of the work to be performed and its dollar value for bid evaluation purpose.
Number of Signed Sets of .Documents,: The contract and all. bonds will be
prepared in not less than four counterpart (original signed) sets.
Time of Completion :'The undersigned agrees to complete the work within
150 Calendar Days (including any of the additive alternates, if awarded)from the date
designated by a Work Order.
The undersigned further declares that he will provide all necessary tools.
and apparatus, do all the work and furnish all materials and do everything required to
carry out the above mentioned work covered by this proposal, in strict accordance with
the contract documents and the requirements pertaining thereto,. for • the sum or sums
above set forth.
•
Receipt of the following addenda is acknowledged (addenda number):
(SEAL - IF BIDDER IS
a Corporation)
Respectfully submitted:
Name:
By:
Address:
hm 441Adui WintartAi 0A441(a4 1)ro
iltp4v1 -
.O. Box) (Stree
Telephone :.
NOTE:. Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
.(Revised August 2000)
PROPOSAL FORM
PAGE 4 OF 6
rgri
PAYMENT BOND
STATE OF TEXAS
COUNTY OF NIECES
KNOW ALL BY THESE PRESENTS:
BOND No. 1006808
That Associated Construction Partners, Ltd. of the City of Boerne ,, County
of Kendall , and State of Texas , as principal ( "Principal "), and
MI - CONTINENT CASUALTY COMPANY , 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
FOUR HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED AND NO /100 U.S.
Dollars ($ 452,900.00 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 24 TH day
of JANUARY, 2012 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:
GREENWOOD WWTP 2011 IMPROVEMENTS
PROJECT NO. E10203! E10204
(TOTAL BASE BID: $452,900)
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 the reunder.
(Rev. Date May 2011) Payment Bond Page 1 of 3
rPt
Pwr
■vq
PPR
rre
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 maybe 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
2ND day of FEBRUARY , 2012.
PRINCIPAL
ASSOCIATED CONSTRUCTION PARTNERS, LTD.
By:
Title:
ATTEST:
Address: 215 W. BANDERA RD
STF 114 -461
BOERNE, TX 78006
Rev. Date May 2011
SURETY
MID - CONTINENT CASUALTY COMPANY
By:
in- fact` GARY
Address: P.Q. BOX 1 409
1 ULSA, OK /4101
Telephone: (972) 671 -1070
Fax: (9181588 -1296
E- Mail:. JBRANCH @MCG- INS.COM
Payment Bond Page 2 -cif 3
Name arid address of Resident Agent of Surety in Nueces County, Texas, for delivery of
notice and service of process:
Name: TOM CARLISLE
Agency: CARLISLE INSURANCE AGENCY, INC.
Address: 500 NORTH WATER ST., STE. 900
(Physical Street Address)
CORPUS CHRISTI, TX 78401
(City) (State) (Zip)
Telephone: 361 -884 -2775
E -Mail: tomc @carlisleins.com
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
P E R F O R I V I A N C E BOND
STATE OF TEXAS
COUNTY OF NUECES §
KNOW ALL. BY THESE PRESENTS:
BOND No. 1oo6$o23
That Associated Construction Partners, Ltd. of the City of. Boerne , County
of Kendall , and State of Texas , as principal ( "Principal "), and
MJrLmNTUJJRMIT rA IA TY nl R0KIv 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 FOUR HUNDRED FIFTY-
TWO THOUSAND, NINE HUNDRED AND NO /100 U.S. Dollars ($ 452,900.00
) 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 24TH of
JANUARY, 2012, 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:
GREENWOOD WWTP 2011 IMPROVEMENTS
PROJECT NO. E10203/ E10204
(TOTAL BASE BID: $452,900)
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 vold; 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 2ND
day of FEBRUARY , 2012.
PRINCIPAL
SURETY
UCTION PARTNERS LTD. MID- CC)NTINFNT:.CASIJ AI 1Y COMPANY
ATTEST:
Address: 215 W. BANDERA RD.
114-4R1
BPERME. TX 78006
(Rev. Date May 2011)
Address: P.O. BOX 1409
TULSA, OK 74101
Telephone: (972) 671 -1070
Fax: (918) 588 -1296
E- Mali: JBR CHC MQG -INS COM
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: TOM CARLISLE
Agency: CARLISLE INSURANCE AGENCY, INC.
Address: 500 NORTH WATER ST., sTE. 900
(Physical Street Address)
CORPUS CHRISTI, TX 78401
(City) (State) (Zip)
Telephone: 361 -884 -2775
E -Mall: tomccarlisleins.com
Note: Bond shalt 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
1 9180bi QK4y
] 91MN:lb 045`
MIU CON! MEN! CiRUul'
CITY OF CORPUS; CHRISTI
DEPARTMENTOF ENGINEERING SERVICES
P.O. BOX f277
CORPUS CHRISTI, TEXAS 78469 -9277
Ell:21:12 p.m_ 02-08-2012 l 43
RE: Certification of Power of Attorney for Performance and Payment Bonds
Project Name & No Greenwood WWTP Improvement Project #E10231E10204_,
Surety Company: Aid- Continent Casualty Company
Ladies/Gentlemen:
I, Jack W. Branch, Assistant Vice-President (nsetName of Officer os ,at/and rye),
hereby certify that the facsimile power of attorney submitted by _Gary W.
Wheatley (loser! !Varna ofAttorney-In-Fact) for Associated
Construction Partners, LTD. mow Commenv Name of Contract:4, 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:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P.O Box 9277
Corpus Christi, TX 7846.9 -9277
Signed this 6 day of February, 2012.
Title: Assistant Vice- President
Sworn and subscribed to before me o
.......... .....
Notary Publi
State of
My Commission Expires:
{0 0
1437 SOUTH BOULDER, SUITE 206 •TULSA, OKLAHOMA 74119 918-587-7221 FAX 918-588-1253
111R; ARP 44R-4, i21:, "11:. 45'
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KNOW AV- E PRESFNet at tfie ct.c ONTINPlit CASVAL ..00.1VIPANYia #ppAprili-4efi14ed and fAistiiiglitier
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any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Monica Campos, Clark Fresher,
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ATTEST:
SARA AND
On thle. .P1.404 Vi 9:11), je ie pers�n ar VzifF DD me kri:P.,,"WebeigE,tt..
segiow resideg:lirkukab)(10Oe0hat s/hellSWV(0 P-teSiderit 491,11id-CoitfrieritiPeejialt*IpOipany,
:dedarted in andlitich'ekialtetitHeibove nsfreiftht elfiek:ribws the seaof theeaidZoMpany; that tries- ear6fAkedttatie'said instruMent Tbh such
corporate seal; that it was so affixed by authority of her/his office under the By-Laws of said Company, and that s/he signed his name thereto by like
authority.
ILO°
OKLAWOM
COUNTY OF TULSA
m Mon _ 0009$0t
P°
My Commission Exp'res: 01-26-13
This Poway of Attomey1repted by4upor 0011t1 g Joq
rpgariy by uriiiiiinoavatenICtipeeht dated3epteMb -20.000.
5:qw, .?;
Board o ctnfs .° 401,9nent Qasual
RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them,
be and • is,plitkoriKed iron-Oil:pa to time,,to 9:polgtpneorp-kore Attorreys4n-FgoV9 expokite, on behalf, ofspeporripariyras surety, any #ride11„.
S,1::•.iiindertaklig00#86fitriaga4retyshig Pp otfief*ritfer400ations foLto*ro44741-406f:4.prescrik*itiqe64404tts and ifib)f#4ieiilie
;1314heir autN5rifyAbdtg tOPIkiirly such'OPokitibeni 014paclifile.
RESOLVED F0RTFitk: 'That the Coany Seal end tfie signature drany &The afOreiald officers and anY'Secretarifor Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of
sureVeriip, or other3writteillopligetion,in the naturetharepLeuchsigrAature and.sepei yy KI.,sq4.1 i;leeing hembwedopted by4imCompanyK,es tie rlginel: ion,
of suOVofitoatiarc wtir ltiii seal althi' 0 0]:166.01id an&bitictri -- In the .'(*pany IniOttfib ,i4i(olai6eiiii!,tffect af.tliPug
NF3,3 .„.
Oitially affixed4u-
CERTIFICATION
Mid-444(64.s":'4 9114741mpanytilObeNbiAe forelig6 Power
by and tfOReddiuffinWttetoard oflOrectWOr $A1AliffSer 25, 2dGartia"VglOr bOrfAtflibked and .are nbitOrifultf6Merend effectge 3%4r
Signed and sealed thi
day of
SARA AN DE
SON
OBN.
Assistant Secrete
MD- CONTINENT CASUALTY COMPANY
OKLAHOMA SURETY COMPANY
STATE OF TEXAS
CLAIM NOTICE ENDORSEMENT
In accordance with Section 2253.021 (1) of the Texas Government Code and Section
53.202(6) of the Texas Property Code, any notice of claim to the named surety under this
bond(s) should be sent to:
Mailing:
Physical:
MD- CONTINENT CASUALTY COMPANY
OKLAHOMA SURETY COMPANY
P.O. BOX 1409
TULSA, OK 74101
TELEPHONE NO. 918-587-7221
1437 S. BOULDER
SUITE 200
TULSA, OKLAHOMA 74119
ATTACH THIS NOTICE TO YOUR BOND
w04.0.
City of
Ccxpus
Chn §ti
SUPPLIER NUMBER
• TO BE ASSIGNED BY CI r
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
- DISCLOSURE -OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: U a fl J i f V ES flkthfl4 A- !.
UMP. O. BOX: � � Li 0,
STREET ADDRESSO ? 01,11A fit tfAMAtkViA,Of CITY:
FIRM IS: L Corporation 2_ Partnership
e
4. Association 5. Other
0i01)70_1 ZIP
3. Sole Owner LI
7j.5-
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Commiftee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related -to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name
Consultant
PROPOSAL FORM
Page 5 of 6
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing tc- the- Eity- ofieial,- employee -or- body - that -has -been uested- te-aet- in- theina* ter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Co s Christi, Texas as changes occur.
Certifying Person: Y / (� V L Title: r
(type or PVVVVru,t)
Signature of Certifying
Person:
YYtfl5L Date: 1
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
"Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non - profit organizations.
e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
g•
"Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
"Consultant." Any person or firm, such as engineers and architects, hired by the. City of Corpus
Christi for the purpose of professional consultation and recommendation.
PROPOSAL FORM
PAGE6of6