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C2014-062 - 2/25/2014 - NA
2014-062 2/25/14 SPECIAL PROVISIONS ' CAS Companies LP SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR SEA WALL REPAIRS 2012 L-HEAD BAIT STAND J • O • C . FOR STORM WATER CITY OF CORPUS CHRISTI, TEXAS PHONE: 3618261965 FAX: 3618261971 AND DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/826-3587 FAX: 361/880-3507_ PROJECT NO: E11090 �� I DRAWING NO: PBG-798 SEA WALL REPAIRS 2012 L-HEAD BAIT STAND PN: E11090 L (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) I: Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction Projects for Government Entities. PART A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Proposals f: A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services 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 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds • 1: A-26 Supplemental Insurance Requirements 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 1: A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements (NOT USED) 1: A-36 Other Submittals A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities 1: A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory IP 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 [IN I A 46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) A 47 Prc Construction Exploratory Excavations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) A-52 Value Engineering A 53 Dust Control :1 A 54 Dcwatcring and Disposal (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS :1 PART D FEDERALLY REQUIRED LANCUACE PART S - STANDARD SPECIFICATIONS a) Concrete Curb Ramps PART T - TECHNICAL SPECIFICATIONS a) Mobilization b) Stainless Steel Angle Curb c) Stainless Steel Trench Plate d) Stainless Steel Perforated Plate e) HDPE Embedment for Concrete f) Marine Concrete EXHIBITD LIST OF DRAWINGS Sheet 1 of 4 - Cover Sheet Sheet 2 of 4 - Site Plan Sheet 3 of 4 - Sections and Details Sheet 4 of 4 - Sections and Details NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND if r NOTICE TO CONTRACTORS - A � INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A I. INSURANCE REQUIREMENTS REVISED MARCH, 2009 I: A Certificate of Insurance indicating proof of coverage in the following amounts is required: i'l TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE I: Commercial General Liability including: 1. Commercial Form I: 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazards 5. Products/ Completed Operations $ 2,000,000 COMBINED SINGLE LIMIT C: Hazards 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors L9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR $1,000,000 COMBINED SINGLE LIMIT 1: RENTED WHICH COMLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS i: EXHIBIT EMPLOYERS' LIABILITY $500, 000 L EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT $2,000, 000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ 1: ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term enviornmental impact for the disposal 0 NOT REQUIRED of contaminants. See Section b-6-11 and Supplemental L Insurance requirements BUILDER'S RISK ❑ REQUIRED 1: 51 NOT REQUIRED See Section b-6-11 and Supplemental I: Insurance requirements INSTALLATION RISK ❑ REQUIRED is 11 NOT REQUIRED I PAGE 1 OF 2 I The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. leThe name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. C: L L L [10 L I I 1 PAGE 2 OF 2 I NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS L L Page 1 of 9 L lbTexas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or [1, Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings,unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) , showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, 5406.096(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, C: 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 LAgovernmental 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 3 o f 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. I (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. Page 2 of 9 (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic (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; Page 3 of 9 3 (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; le (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 t: common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3)of this section; (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; hp (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 LB Page 4 of 9 IN (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(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 ;1 on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: 3 "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; (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; 1 (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in :111 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; Page 5 of 9 I (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. 1: (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (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 L 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 (4'0 6 Page 6 of 9 kit T28S110.110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This :1 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. " k Page 7 of 9 L T28S110.110 (c) (7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers ' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends :„ during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on 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 r. 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. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 8 of 9 is H. The contractor shall post on each project site a notice, in the text, form and manner ll prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: il (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 il 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; 3(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 ult- self-insured, with the commission 's Division of SelfPage 11 of 11 Insurance Regulation. IP 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. di Page 9 of 9 a z 0 H CI) 0 124 Ili rzi Ci) 4.2 6.J Jik1i 1 1 II SEA WALL REPAIRS 2012 L-HEAD BAIT STAND PN: E11090 SECTION A - SPECIAL PROVISIONS Scaled proposals will be received in conformity with the official advertisement inviting bids for thc 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, N/A. Proposals mailed should be addressed in the following manner: City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78101 zmr A pre-bid meeting will be held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT TIME HERE. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a 1: discussion of the project elements. If requested, a site visit will follow. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern A-3 Description of Project Saw cutting concrete pavement, concrete curb removal, concrete pavement, under sidewalk drains, under sidewalk pipe box, drainage and recirculation water piping and stainless steel angle curb. 1: A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 4— b% Bid Bond (Must rofcronoo Proioot Name as idontifiod in thc Proposal) JOB ORDER (A Caohior'o Chock, oortificd ohook, money ordor or bank draft from any Statc or National Bank will also be acooptablo.) 2. Disclosure of Interests Statement 3. Submittal of Materials A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 45 calendar days. Poi 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. Section A-SP (revised 12/15/04) Page 1 of 22 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation 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. Proposals faxed directly to the City will be considered non-responsive. Proposals must of the Ceneral Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY CONSTRUCTION In case of conflict, Contractor shall use higher wage rate. Section A-SP (revised 12/15/04) Page 2 of 22 I 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 (1 ) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) r 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 Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1- 800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. r City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3587 Traffic Engineering 880-3540 Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1875 (880-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Section A-SP (revised 12/15/04) Page 3 of 22 hi A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed . It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. 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. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and thc public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on thc accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. S- andards and Practices as adopted by the City. Copies of this document arc availab4-e- through thc City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control arc considered subsidiary; therefore, no direct payment will be made to Contractor 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. Suc must be completed without any increase in the Contract price. necessary, to prevent material from washing into the storm sewer system. No visible or adjoining streets. Section A-SP (revised 12/15/04) Page 4 of 22 The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of gras,c 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. arc to be considcrcd subsidiary to the bid item for "Street Excavation"; thcrcforc, no 1: direct payment will be made to Contractor. Excess exeavated 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 considcrcd subsidiary; therefore, no direct payment will be made to Contractor. The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 hour per day answering service) and FAX machine paid for by the Contractor. There is no Pm- separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR 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. r"°. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 00 A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, r- measurements, bench marks, baselines, etc. that are normally required to construct a OM project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. Section A-SP - (revised 12/15/04) Page 5 of 22 �1 If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to Consultant Projcct Enginccr prior to deviation. If, in thc opinion of thc City or Consultant Projcct Enginccr, thc rcquircd dcviation would necessitate a revision to thc drawings, thc Contractor shall provide supporting measurements as rcquircd for the City or Consultant Project Enginccr to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manhole at the completion of the paving procc:rc. Also, the City or Consultant Project Enginccr may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third arty R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify AO compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: AO - All curb returns at point of tangency/point of circumference - Curb and gutter flow line both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: 1 - All rim/invert cicvations at manholes; - All intersecting lines in manholes; - Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . Water: • All top of valves box; Valves vaults rim; - Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: - All rim/invert cicvations at manholes; AO - All intersecting lines in manholes; • Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . PP A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Section A-SP (revised 12/15/04) :1 Page 6 of 22 RIR i I 1: A-21 Project Siene The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment IV) The signs must bc installed before construction begins and will bc maintained throughout the Projcct period by the Contractor. The location of thc signs will bc determined in thc field by thc City Enginccr. 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. 0 b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned ' (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. t: (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) . For an enterprise doing business as a corporation, iM at least 51.0% of the assets or interest in the corporate shares must be owned by one or more " minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, kr interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary wm distribution paid by the business enterprise. Section A SP (revised 12/15/04) OW Page 7 of 22 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 1/ of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 451 15%, b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. AW 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-SP (revised 12/15/04) Page 8 of 22 L A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, IAincluding water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." substituted in lieu thereof. qualify for exemptions of Sales, Excise, and Use Taxes unless thc Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of thc Texas Administrative Codc, or such of Texas. If the Contractor elects to operate =- - --_- - -_ -_ -- , -- - Obtain the necessary oalcc tax permits from the State Comptrellcr. -, the Project. 3— Provide resale certificates to suppliers. 4- Provide the City with copies of material invoices to substantiate the proposal value of materials. Section A-SP Pm (revised 12/15/04) Page 9 of 22 If the Contractor does not elect to operate under a separated contract, he must pay for if all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors arc eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B 6 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: a 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 MP indemnified hereunder. MN r=ss- tion B 6 11 of the General Provisions is amended to include: Section A-SP (revised 12/15/04) Page 10 of 22 OP L Contractor must provide Builder's Risk or Installation Floater insurance coverage for thc term of thc Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk or Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. To allow the City Engineer to determine that the bidder is able to perform its 1: obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 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) y ars. 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 bccn released, the bidder shall state why the claim has not bccn paid; and 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 bccn paid. I1 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. 1: The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this !: Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures The superintendent shall be present, on the job site, at all times that work is being performed 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such ,�. superintendent assuming responsibilities on the Project. OOP Section A-SP (revised 12/15/04) Si Page 11 of 22 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 !I the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. Under "General Provisions and Requirements for Municipal Construction Contracts" Scction B 3 1 Consideration of Contract add the following text: Within five (5) working days following thc public opening and r ading of thc proposals, thc three (3) apparent lowest bidders (based on thc Base Bid only) must submit to thc City Enginccr the following information: • A list of thc major components of thc work; • A list of thc products to be incorporated into thc Project; • A schedule of valucc which specifics estimates of thc cost for cach major 1/ component of the work; 4 A schedule of anticipated monthly payments for the Project duration. 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 Enginccr, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. ▪ 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 Enginccr retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Enginccr 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 Enginccr retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B 7 13; 7 components of the work. The final progreac schedule must be submitted to the City Enginccr at the pre-construction conference; ▪ 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. Section A-SP (revised 12/15/04) IJI Page 12 of 22 L 10 10. Documentation as required by Special Provision A 35 K, if applicable. Within five (5) day3 following bid opening, Submit in letter form, information = == - L\ rtncr3hip, and name(3) and Title(n) of individual(3) authorized to cxccutc 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 Capital Programs 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. IP A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements fo'r Municipal Construction Contracts" B-3-5 Ire 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 obligatio to carry out the provisions of this Contract. 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 r* Specifications with any other referenced specifications, such as the Texas Department of hm Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. lo 4 Section A-SP (revised 12/15/04) Page 13 of 22 0 Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and cach of thcir employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Dcpartmcnt offered by authorizcd City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment The Contractor shall not start, operate, or atop any pump, motor, valve, equipment, Switch, breaker, control, or any other itcm rclatcd to City operator or other authorized maintenance employee of the City Water Department. The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such material3 include all Solvents, cicancr3, lubricant3, ga3ket3, immediatelyfior—tie— The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. Contractor's personnel must wear colored uniform overalls other than _ _ -- = - -=-:nes for Contractor personnel. Plant 4-I— Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. Section A-SP (revised 12/15/04) Page 14 of 22 ;I L J, All Contractor vehicles must be parked at designated site, as dcsignatcd by City Watcr Department staff. All Contractor vchicics must bc clearly labeled with company name. No private employee vehicles arc allowed at 0. N. Stcvcns Water Treatment Plant. All personncl must bc in company !: vehicles. During working hours, contractor employees must not lcavc the dcsignatcd construction area nor wander through any buildings other than for rcquircd work or as directed by City Watcr Department personncl during emergency evacuation. _ - - - - - - - e Any work to the computer based monitoring and control system must be performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: He is regularly engaged in the computer based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 4, He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. He has been actively engaged in the type of work spccificd herein for at least 5 years. He employs a Registered Professional Enginccr, a Control Systems Enginccr, or an Electrical Enginccr to supervise or perform the work rcquircd by this specifications. t: . completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. .b— He maintains a permanent, fully staffed and equipped-service repair, calibrate, and program the systems specified herein. q-:- He shall furnish cquipmcnt which is the product one . practical, all cquipmcnt of a given type will be the product of one manufacturer. Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor -9= The Contractor shall produce all filled out programming blocks rcquircd to show the programming as needed and rcquircd, to add is an example of the rcquircd programming blocks which the City bt requires to be filled in and given to the City Enginccr with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. Section A-SP (revised 12/15/04) it Page 15 of 22 r Trenching Requirements I/ All trenching for this project at the 0. N. Stevens Water Trcgatmcnt Plant shall be performed using a backhoc or hand digging due to the number of existing undcrground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal : The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b- Reproduciblcs: 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, 1/ 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 3 the submission of related items. f• Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j _ Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of ;11 manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Section A-SP (revised 12/15/04) Page 16 of 22 1 Under "Central Provisions and Requirements for Municipal Construction Contracts", B-6 15 Arrangement and Charge for Water Furnished by thc City, add thc following: "The Contractor must comply with the City of Corpus Christi's Water Conservation 40 and Drought Contingcncy Plan as amended (thc "Plan") . This includes implementing water conservation measures established for changing conditions. The City it Engineer will provide a copy of thc Plan to Contractor at thc prc construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." i0 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 The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozone Advioory NOT USED Priming and hot mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold 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: r The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or ., omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Section A-SP (revised 12/15/04) Page 17 of 22 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, OD or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. The Contractor shall be responsible for the disposal of water used for toting, disinfection and lino flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies ouch as TNRCC, EPA, ctc. It will be the Contractor's disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. Thcrc shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. Prior to any construction whatever on the project, Contractor shall cxcavatc and expose all existing pipelines of the project that cross within 20 feet of proposed pipelines of each crossing and potentially conflicting pipclinc. e , - - pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey the accurate horizontal and vortical locations of said parallel pipelines at 300 feet maximum O.C. Section A-SP (revised 12/15/04) Page 18 of 22 LI Contractor shall thcn prepare a report and submit it to thc City for approval indicating thc Owner of pipelines excavated and surveyed, as well as thc approximate station thcrcof, distance to thc pavement centerline and elevations of thc top of existing pipelines. Contractor Shall perform no construction work on the project until all exploratory Engineer and until Contractor receives Engineer's approval of report - -- --- associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. 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 and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a r change order to the contract." � - -_ - - ___ • - _ _-_-- • - _ - -awe s) e eht aged eh P-r-epe°a-]_ Sheets (3 T H RU 10 -- - -- - ---- - - = r P out is shown in Attachment 1. (revised 12/15/04) Page 19 of 22 In addition, the print out will contain the following statcmcnt and signature, after the II last bid item: (Contractor) herewith certifies that the unit prices shown on this print out for bid items (including any additive or deductive alternates) contained in this proposal arc the unit prices and no other Information from this print out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in II this print out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) " A-52 Value Engineering, The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive I/ Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, II as currently provided. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. II -•- -- -_-- -• subsidiary to the appropriate bid items where dcwatering— _ _ -- e oposed improvements. Storm water that mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An - -- or by manmade berms prior to entering settling prior to entering a storm water conduit or inlet !I Section A-SP (revised 12/15/04) Page 20 of 22 I Storm water or groundwater shall not be discharged to private property without existing otorm water oyotcm, provided that the quality of groundwater io equal to or performed by City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new arca of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. 1M . shall contact Tilo Schmidt, Wastewater Pre treatment Coordinator at 82C 1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. t: L L 11 L [14 Section A-SP (revised 12/15/04) Page 21 of 22 r I SUBMITTAL TRANSMITTAL FORM PROJECT: SEA WALL REPAIRS 2012 L-HEAD BAIT STAND El OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: STEVE R. SYNOVITZ CONTRACTOR: CAS COMPANIES SUBMITTAL DATE: - SUBMITTAL NUMBER: - to APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL 1 L 1 I 1 Section A-SP (revised 12/15/04) Page 22 of 22 r l AGREEMENT r THE STATE OF TEXAS § COUNTY OF NUECES § rtw r is THIS AGREEMENT is entered into this 25TH day of February , 2014, by and Pro ire 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 im "City," and CAS Companies, LP termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $61,485.54 by City and other obligations of es City as set out herein, Contractor will construct and complete certain improvements described as follows: w SEAWALL REPAIRS 2012 L-HEAD BAIT STAND REVISIONS JOB ORDER CONTRACT (RFP 2012-02) is PROJECT NO. E11090 TOTAL AMOUNT: $61,485.54 i 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. ri al Page 1 of 3 Rev.Aug-2013 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and iiw 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 45 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for me 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. I Signed in 4 parts at Corpus Christi, Texas on the date shown above. is im I w j I P PPP I Page 2 of 3 Rev.Aug-2013 W a CITY OF CORPUS CHRISTI APPROVE I AS Ts LEGAL FORM: By. By: Daniel Biles, P.E. Asst. City "tto ney Executive Director of Public Works Funding Source: ; RECEIVED 550910-3270-00000-E11090 I 0 )1' 550910-3272-00000-E11090 BY .�� ' • CONTRACTOR ATTEST: (If Corporation) CAS Companies, LP IN By: Ade 4610/ (Seal Below) Title: Intmety r (Note: If Person signing for corporation is not President, 1306 FM 1092 Ste 304 attach copy of authorization (Address) to sign) Missouri City, TX 77459 (City) (State) (ZIP) 281/499-4747 * 281/499-6655 (Phone) (Fax) tee. rr s" Page 3 of 3 Rev.Aug-2013 Ir CoaNS mpanies November 21,2013 Ifil Graziella Mesa City of Corpus Christi Engineering Services 1317 Mestina Corpus Christi,TX 78401 Via Email:graziellam@cctexas.com RE: L-Head Bait Stand Revisions lir CAS Quote#2013-382-02 CAS Companies LP.,is pleased to present our proposal for the L-Head Bait Stand Revisions Project as outlined below Scope Of Work: 1. Saw cut concrete/asphalt pavement as needed for the installation of the new trench drains. 2. Remove concrete curb w 3. Core drill the existing bulkhead 1"greater than O.D.of intake pipe grade to drain. 4. Construct and install ABT's Trench Former trench drains as detailed on the plans. 5. Using the Euco#452 product,apply an epoxy coating to the trenches after concrete has cured 28 days. 6. Install 6"thick 5000 PSI Marine Concrete Pavement with#4 Rebar spaced at 6"on center each way. 7. Install new PVC Piping for re-circulation with ball valves and sleeve thru bulkhead to drain. 8. At Southwest corner of building,connect downspout to new drainage piping with cleanouts. 9. At interior of building,saw cut concrete and remove for installation of new interior trench drains. 10. Install 2"x2"x1/4"stainless steel angle with anchor bolts. 11. Apply a continuous bead of silicone along base of angle curb. 12. Cleanup site and haul off debris. Total Proposal Amount: $61,485.54 We appreciate the opportunity to provide pricing as outlined above and look forward to your favorable response. If you have any questions or require additional information,please do not hesitate to contact me at your convenience. Acceptance: Repectfully, e Perez' Project Manager CAS Companies, LP. 1306 FM 1092.Ste.304 3765 S.Alameda.Ste.315 5402 S.Expressway 83 Missouri City,TX 77459 Corpus Christi.TX 78411 Harlingen,TX 78552 Phone: 281.499.4747 Phone: 361.334.0888 Phone: 956.216.8200 Fax: 281.499.6655 Fax: 956.216.8069 www.caslp.com 6 or- le I CAS Factor Calculation Sheet Date Submitted: i •.,,:11/21/2013 ; III City of Corpus Christi .:Tci„ iii:07 A. ,...,.,.,.1, ff .. ..P _ ' American Bank Center Bayfront ADA Door/HVAC Improvements CAS U: 2013382- lei Item I 'Used Amount Extended Total of Line Items Based on Quantities and Units X61° 0814') nat Prices(Total OH&P) city Cost Index(Already calculated by RS Means software,by choosing location) va ESC 1-Corpus Christi 1 X II Cost Adjusted by CAS ( 61,808.14 I Coefficient 0.95 X Cost Adjusted for Coefficient I 58,717.73 I ill Zone Factor >150 miles 1.00 X km Cost Adjusted for Zone I 58,717.73 I l Job Order Size Factor $0<$25,000 1.00 la >$25,000<$150,000 1.00 X >$150,000 and over 1.00 r- Cost Adjusted for DO Size I 58,717.73 I Time of Performance Factors Normal M-F(7AM-5PM) 1.00 X Other than Normal,week-ends&holidays 1.00 IN Cost Adjusted for Time of Performance I 58,717.73 I tr Annual Volume Factors(12 month sliding window) MIll >$1,000,000 1.00 Cost Adjusted for Volume I 58,717.73 I Davis-Bacon(If Applicable) Cost Adjusted for Davis-Bacon I 58,717.73 I General Liability 327.94 Permits$ °65000 Bond Cost Adjusted for Permits and Insurance 1 59,695.67] r iiii Allowance , Cost Adjusted Allowance I 59,695.67 I r Bond 0.03 X 1,790.87 ell TOTAL ADJUSTED COST 61,486.54 ill 909./. //-a/-. CAS Signature Date x 0 wie Iii � Cost Estimate Report NI I• 1; RSMeans City Of Corpus Christi RSMe>lnsOnline 110 Coopers Alley L-Head Corpus Christi,TX,78411 NB Dater 21-Nov-13 L-Head Bait Stand Revisions Prepared By: Year 2013 Quarter 3 Bill Bowlin Unit Detail Report CAS Companies ill LlneNumber d T Description Quantity Unit Total lad. Eat.Total incL O&P O&P Division 01 General Requirements Si 015433102140 0 Rent pump concrete truck mourned 1 0 Day 51,489 77 $1,489 77 5"line 110'boom,Ind Hourly Oper. r''' Cost. 6 015433200470 Rent backhoe-loader wheel type 112 5,00 Day 51,047.92 $5,239.58 HP,1-ir2 CY capacity.Inc'.Hourly Oper.Cost. 015433201350 g Rent vibratory plate compactor 21" 5.00 Day $60.04 $300.19 plate 5000 lb blow,Incl Hourly IN Oper.Cost. 015433402200 g Rem electric generator gas engine 5 10.00 Day 555.45 S554 51 kW,Incl.Hourly Oper.Cost. 015436500020 0 Mobilization or demobilization, 200 Ea $216 87 $433 74 Ili dozer,loader,backhoe or excavator, 70 H .to 150 H:P.,up to 50 miles Division 01 General Requirements Subtotal $8,017.79 ell Division 02 Existing Conditions P. 024113176100 Demolish,remove pavement&curb, 32.00 L F S5.94 5190.08 ilit remove concrete curbs,reinforced, excludes hauling and disposal fees Division 02 Existing Conditions Subtotal 5190,08 IS Division 03 Concrete 033053400500 Structural concrete,in place,chimney 45,00 C . 5293,90 513,225.50 Pr. foundation(5000 psi),over 5 C.Y., il includes fonns(4 uses),Grade 60 rebar,concrete(Portland cement Type I),placing and finishing riv- 038116500820 Concrete sawing.concrete walls,rod 260.00 L F. $9.53 52,477 80 ftreinforcing,per inch of depth 038116500820 x 0 Corner guards,stainless steel,for 1.00 L.F $5.52 51,435:20 angles drilled&anchored to concrete. r add hi Division 03 Concrete Subtotal S17,138.50 r Division 09 Finishes its 099656200001 , a Epoxy Coating"EUCO#452 MV 12500 S.F S5 93 S741.25 (Medium Visosity)Epoxy System Division 09 Finishes Subtotal 5741.25 II Division 22 Plumbing t 220523601300 0 Valves,plastic,PVC,ball,single 2:00 Ea 5556.48 Si,112 96 union,socket or threaded,3' r 0 201 3 1.800-334.3509 1 ,. ill IIII LintNumber .8 T Description Quantity Unit Total Ind. Est Total lack O&P O&P 220576205030 a Ckonout tee.plastic tee,PVC,3" 300 Ea. S51.86 $155 58 pipe size,type DWV,excludes plug 221113741930 ca Pipe,plastic,PVC,3"diameter, 105.00 L F. $2282 52,396.10 schedule 40,includes couplings 10' OC.and hangers 3 per 10' 221113762830 0 Elbow,90 Deg.,plastic,PVC,white, 3,00 Ea $34 81 $104 43 11 socket joint,3',schedule 40 221400000021 P .aa ABTs Trench Former TFX-24 with 44.00 L . $359.05 Si 5.798.20 DI Solid Covers,li-20 Galvanized Frame and EPS Forms w/Slope ail 221400000321 , ABTs Trench Fomier TFX-24 with 1800 L . $434 03 57.812 54 Standard Slotted Covers,11-20, Galvanized Frame and EPS forms w/Slope 221426196680 s Drain,trench,polyester polymer for 25 00 L.F. $73.96 51.84900 cement concrete encasement,4" internal width,with heavy duty iron grate,not including trenching or ii concrete 221426196830 Drain,trench,fiberglass for cement 43.00 L F. $15097 $6.491.71 IR concrete encasement,8"internal f width,with heavy duty iron grate, not including trenching or concrete Division 22 Plumbing Subtotal $35,720.52 P. III Subtotal $61,808.14 rft General Contractor's Markup on Subs 0.00% 50.00 iii Subtotal 561,808.14 General Conditions 0 ill Subtotal 561,808.14 r ill General Contractor's Overhead and Profit 0.00% 50.00 Grand Total S61,808,14 r i is r i ale r i ill d12013 1.800-334.3509 2 iii. PERFORMANCE BOND Contractor as Principal Surety Name: CAS Companies, LLC Name:West American insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1306 FM 1092,Ste.304 13201 Northwest Frwy, Suite 810 Missouri City,TX 77459 Houston, TX 77040 Physical address(principal place of business): Owner 13201 Northwest Frwy, Suite 810 Houston,TX 77040 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs 1201 Leopard Street Surety is a corporation organized and existing Corpus Christi,Texas 78401 under the laws of the state of: TEXAS By submitting this Bond,Surety affirms its v authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Large Job Order Contract Telephone(main number): 713-744-1761 Project No.E11090 Sea Wall Repairs 2012 L-Head Bait Stand j Telephone(for notice of claim): 713-744-1761 Local Agent for Surety Name: Insurance Associates of the Southwest, LLC Award Date of the Contract: Address: PO Box 441767 February 25,2014 Houston, TX 77244-1767 Contract Price: j $61,485.54 Telephone: 281-531-2022 Bond 58S201644 E-Mail: henryc @ins-ias.com Date of Bond: March 19, 2014 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the this instrument in 4 copies, each one of which shall following toll free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 Corpus Christi Standards—Lrg JOC 11-6-2013 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond.The condition of this obligation Is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined In accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. 7-/-as Principal Surety Signature: � Si g nature: E ////, //I /id Name: Kathryn Carr-Bowfin Name: Henry D. Childers Title: Partner Title: Attorney-in-Fact Email Address: kbowlinecas1p_com Email Address: henryc( ins-ias.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Corpus Christi Standards—lrg IOC 11-6-2013 PAYMENT BOND Contractor as Principal Surety Name: CAS Companies, LLC Name: West American Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 1306 FM 1092,Ste.304 13201 Northwest Frwy, Suite 810 Missouri City,D( 77459 Houston, TX 77040 Physical address(principal place of business): Owner 13201 Northwest Frwy, Suite 810 Name: City of Corpus Christi,Texas Houston,TX 77040 Mailing address: Capital Programs 1201 Leopard Street Surety is a corporation organized and existing Corpus Christi,Texas 78401 under the laws of the state of: Texas By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract w Its license to execute bonds in the State of Texas. Large Job Order Contract Project No.E11090 Telephone(main number): 713-744-1761 Sea Wall Repairs 2012 L-Head Bait Stand Telephone(for notice of claim): 713-744-1761 Local Agent for Surety Name: Insurance Associates of the Southwest, LLC Award Date of the Contract: Address: PO Box 441767 February 25,2014 Houston, TX 77244-1767 Contract Price: $61,485.54 Telephone: 281-531-2022 Bond 58S201644 E-Mail: henryc@ins-ias.com Date of Bond: March 19, 2014 (Date of Bond cannot be earlier than Award Date of The address of the surety company to which any Contract) notice of clam should be sent may be obtained Said Principal and Surety have signed and sealed this from the Texas Dept.of insurance by calling the instrument In 4 copies,each one of which shall be following toll free number.1-800-252-3439 deemed an original. M Payment Bond Form 00 6116-1 Corpus Christi Standards—Lrg JOC 11-6-2013 • Surety and Contractor,Intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,Jointly and severally to this bond. The condition of this obligation is such that If the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined In accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, TexaIqI legal action. Contractor as Principal :zre: //� 1 N ame: Kathryn Carr-Bowlin Name: Henry D Childers Title: Partner Title: Attorney-in-Fact Email Address: khnwlin©ramp rnm Email Address: henryc@ins-ias.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards—Lrg JOC 11-6-2013 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6463045 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fite&Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Co mpanies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Brian A.Schmulen:Gary F.Banks;Henry D.Childers:James B.Kottwitz;Ken Pearson:Kenneth R.KaDelka:Michael W.Turner;SuEllen Landriault;William L.Kottwitz Jr all of the city of Houston ,state of TX each individually if there be more than one named,its true and lawful attorney-intact to make,execute,seal,acknowledge and delver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shelf be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of March , 2014 . to American Fire and Casualty Company ti ' The Ohio Casualty Insurance Company Liberty Mutual Insurance Company to West mefican Insurance Company m� awl ` Q :: _ By: C STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary C .is, COUNTY OF MONTGOMERY to m O On this 7th p[ March 2014 = O pt day , before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and cv O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, �y O R. execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W as o > IN WITNESS WHEREOF,I have hereunto subsc bed-rrynant�and affixed my notarial seal at Plymouth Meeting,PennsyArenia,on the day and year first above written. O V 1 4,,,i',....-,g,..),, p1��,..\ J B /lam✓ 4,o /i� t✓M il.if 10 7 41t<_t S.Y Y•O i. ly ! . ' - Teresa Pastella,Notary Public s. i i o w ^v~ .1,rr F a 43 c R This Power of Attorney is made and exec �Rttr nt alltlority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w c ei+ Company,Liberty Mutual Insurance Company,itttd,7 t,Ai'Yipselri insurance Company which resolutions are now in full force and effect reading as follows: .c o y .Y. ,,,Qi a m ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose In vetting by the Chainrian or the President,and subject O c ..1 to such limitation as the Chairmen or the President may prescribe,shall.appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,.seal,- +w- 0 5. acknowledge and del surely ver as rely any and all undertakings,bonds,recognizances and other surety obligations. Such a tomeys-in-fact,subject to the imitations set forth In their respective E powers of attorney,shall have full power to bind the Corporation by their signature aid execution of any such instruments and to attach thereto the seal of the Corporation. lMien so ea 0 ` executed,such instruments steal be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fad under > W W. T the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. g To C ARTICLE XIiI-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in roiling by the chairman or the president g C > 41 and subject to such limitations as the chairman or the president may prescribe,shat appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O = seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the imitations set forth in their E Z v respective powers of attorney,shall have full power to bind the Company by their signature aid execution of any such instruments and to attach thereto the seal of the Company. UAhen to v q executed such instruments shall be as binding as if signed by the president and attested by the secretary. 12 Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such always-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. . Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by saki Companies,Is in full brce and effect and has not been revoked. {r•- IN TESTIMONY WHEREOF,l have hereunto set my hand and affixed the seals of sa d Companies this / ' -day of /"VFi tnu.i-{ ,2p t l' t / e ' '`' ' k,..::::, .F Gregory W.Davenport,Assistant Secretary * A f ;_ �. LMS 12873 122013 - 3 01250 A Member of , Liberty A West American Insurance Company MutuM. TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener informacion o para someter complaint: una queja: You may call toll-free for information or Usted puede llamar al numero de to make a complaint at telefono gratis para informacion o para someter una queja al 1-800-843-6446 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on Puede comunicarse con el Departamento companies, coverages, rights or de Seguros de Texas para obtener complaints at informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de P. O. Box 149104 Seguros de Texas Austin, TX 78714-9104 P. O. Box 149104 FAX# (512)475-1771 Austin, TX 78714-9104 Web: http://www.tdi.state.tx.us FAX# (512)475-1771 E-Mail: ConsumerProtection Zii,tdi.state.tx.us Web: http://www E-Mail: ConsumerProtection(rUtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 Should you have a dispute concerning RECLAMOS: your premium or about a claim you Si tiena una disputa concerniente a su should contact the agent or call prima o a un reclamo, debe comunicarse 1-800-843-6446 If the dispute is not o llamar 1-800-843-6446 resolved, you may contact the Texas Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento (TDI) ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a part or condition of Este aviso es solo para proposito de the attached document. informacion y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 01