HomeMy WebLinkAboutC2015-005 - 2/17/2015 - Approved 2015-005
2/17/15
M2015-018
Alpha Building Corporation
SPECIAL PROVISIONS
GENERAL PROVISIONS
AND
ATTACHMENTS
FOR
JOB ORDER CONTRACT
MASTER AGREEMENT
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND
ALTERATION OF FACILITIES
ALPHA BUILDING CORPQRATION
DEPARTMENT OF CAPITAL PROGRAMS
CITY OF CORPUS CHRISTI, TEXAS
Phone (361) 826-3500
Fax (361) 826-3501
RFP No. 2014-07
JOB ORDER CONTRACT MASTER AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
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THIS AGREEMENT is entered into this the \ ,day of 1( , 2015,
gemby and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal
corporation located in the County of Nueces, State of Texas, acting through its duly
authorized City Manager or designee, termed in the Contract Documents as "City," and
rrr Alpha Building Corporation, a Corporation termed in the Contract Documents as
"Contractor," upon these terms, performable in Nueces County, Texas:
+�. WHEREAS, the City's Department of Engineering Services issued a Request For
Proposals(RFP) No. 2014-07—Agreement for Job Order Contracting (JOC), for the Minor
Construction, Repair, Rehabilitation, and Alteration of Facilities(the "RFP")to provide Job
Order Contracting Services on an on-call or as-needed basis, through individually priced
job orders or job order contracts (Job Orders or JOCs) for the maintenance, repair,
alteration, renovation, remediation, or construction of facilities; and
WHEREAS, Contractor submitted a proposal in response to the RFP (the "Proposal")and
was selected for recommendation for award; and
WHEREAS, the Corpus Christi City Council authorized award of this JOC Master
Agreement (the "Agreement") to Contractor on f'1day of , 2015; and
WHEREAS, the parties desire to enter into a Job Order Contract Master Agreement to
set the terms and conditions the parties must follow,
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Terms.
a. Agreement. This Agreement consists of the Contract Documents, the RFP
No. 2014-07, Contractor's Proposal submitted in response to RFP No. 2014-07,
and this Job Order Contract Master Agreement, including all attachments and
exhibits (collectively, the "Agreement"), which provides terms and conditions with
which the parties agree to comply for any"Job Order Task" or"Job Order Contract"
(JOC) executed between the parties under the Department of Engineering's JOC
Program.
b. Job Order Contract Master Agreement/(the "JOC Master Agreement"or the
`Agreement) refers to this Agreement, a competitively awarded master agreement
with an undefined Statement of Work (SOW). The work is of an indefinite quantity
and a recurring nature, delivered on an on-call or as needed basis, through
individually priced job orders or job order contracts (JOC). The JOC Master
Agreement may support a broad assortment of facilities construction work. In this
Page 1 of 12
Rev.Jun-2010
,, Agreement, the JOC Master Agreement may also be referred to as the Agreement
for Job Order Contracting, the JOC Agreement, or the Agreement.
c. Job Order or Job Order Contract (JOC) as referred to in this Agreement is
an individually priced job or task order, based on the Contractor's previously
proposed coefficient(s) and a definitive SOW. Individual job orders are firm fixed
price upon issuance. The term "job order" or "job order contract" refers to an
individually priced job order based on pre-established unit prices applied to
estimated quantities for a fixed lump sum price or a unit price order based on the
quantities and line items delivered. In this Agreement, Job Order Contract (JOC)
may also be referred to as Job Order, Job Order Task, or Task Order.
+�. d. Contract Documents. The Contract Documents for each JOC will 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, any Performance and Payment bonds, addenda, the Contractor's
Proposal to RFP No. 2014-07, the JOC Master Agreement, and related documents
which shall be made a part of each JOC, all of which will constitute the contract for
each project or JOC.
2. General Scope of JOC.
a. The City has awarded or will award one or more JOC Master Agreements
or JOC Agreements. The type of work to be supported is for the maintenance,
repair, alteration, renovation, remediation, or construction of facilities. The work is
of a recurringnature but the deliverytimes are
quantities are indefinite.
b. JOCs apply to facilities work. The JOC Master Agreement and any
individual JOC applies only to a facility that is a building, or a structure or land,
whether improved or unimproved, that is associated with a building. The JOC does
not apply to a highway, road, street, bridge, utility, wharf, dock, airport runway or
taxiway, drainage, or related type of project associated with civil engineering
construction. The City currently owns approximately 1200 properties that require
a variety of minor construction, repair, rehabilitation, or alteration services,
including but not limited to services for construction in three (3) areas: general
mechanical/electrical/plumbing (MEP); and roofing.
c. Minor construction may include new office construction (as well as
demolition) to completing a new floor plan, etc.
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d. Repair is defined as work that involves the reparation of a broken system,
component, or sub-component of a building such as doors, electrical outlets,
plumbing, flooring, sheetrock, and/or air conditioning systems, etc.
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Rev.Jun-2010
e. Rehabilitation is defined as work that involves the restoration of an office,
floor, system or component of a system in order to restore functionality. Alteration
is defined as work that involves extending a wall, upgrading lighting fixtures,
installing a door where one did not exist, replacing flooring, etc.
3. Scope and Duty of Contractor.
a. For each JOC, the Contractor shall construct and complete the
improvements according to the Plans and Specifications in a good and
r workmanlike manner for the prices and conditions set out in the Contractor's bid
proposal and as provided under the JOC.
116 b. Contractor shall supply at its expense such materials, services, labor and
insurance as required by the Contract Documents, including overseeing the entire
job.
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c. Contractor shall be responsible for providing all labor, material, tools,
instruments, supplies, equipment, transportation, mobilization, insurance,
subcontracts, bonds, supervision, management, reports, incidentals, and quality
control necessary to complete work for the minor construction, repair, rehabilitation
and alteration of city facilities.
4. Time Limit for Bid Proposals Requested. There will be limited time from the time
the City first contacts the Contractor and "assigns" the project to the time the City
issues an authorization to begin work. The Contractor shall submit its Proposal as
soon as possible, but not later than ten (10) calendar days after the City's request
for that the Contractor investigate, plan, and submit an estimate and schedule (a
proposal) for a given job order. Failure to comply with the Time Limit for Bid
Proposals Requested is a breach of contract, under both this Agreement and under
each JOC executed pursuant to the this Agreement.
5. Contractual unit prices. The City establishes contractual unit prices for job order
contracts by specifying the R.S. Means Cost Data Books and certain applicable
divisions or line items listed and more fully described in Section III.A of the RFP.
6. Coefficients or multipliers. The Contractor's proposed two (2) coefficients or
multipliers are to be applied to the price book or prepriced work items as the price
proposal. Coefficients or multipliers are more fully described in Section III.A of the
RFP.
7. Compensation to Contractor. City shall pay Contractor in current funds for
performance of each Job Order Contract in accordance with both this Agreement
and the JOC, as the work progresses.
8. Maximum aggregate price. The maximum aggregate price for work over any one
year of this Agreement's term is two million dollars.
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Rev.Jun-2010
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9. No guaranteed minimum. This JOC Master Agreement provides for no guaranteed
minimum amount of job orders, no amount of work, and no dollar amount.
a„ Term. The Term of this Agreement is for a base term of two (2) years with the
option to renew annually on an administrative basis for not more than three (3)
additional years. The City Manager or designee (Director of Engineering Services)
shall have the option to renew the agreement annually for not more than three
additional years. The option to renew will be exercised administratively.
10. Performance and payment bonds required. The Contractor shall provide
performance and payment bonds (1) if required by law, based on the amount or
estimated amount of any job order; or (2) if otherwise required by the City
a regardless of the estimated amount of a job order. At a minimum, the JOC
Contractor will be required to provide a payment bond on all job orders that exceed
$25,000 and a performance bond on all job orders that exceed $100,000.
11. JOC Specific Requirements.
a. With the exception of emergencies, any work required by the City shall be
ordered through the issuance of a formal written Job Order Contract or JOC
containing the approved Job Order Proposal along with a City Issued Purchase
Order.
b. Job Order Proposals are to be submitted to the City at no additional cost.
The RFP resulted in multiple awards for multiple JOC Agreements, and the City
may elect, at its own discretion, to solicit JOC Proposals from one or more of the
awarded JOC Contractors depending upon the estimated value and/or complexity
of the proposed project. Determination to solicit multiple proposals or from only
one awarded JOC Contractor shall be on a case by case basis, as deemed in the
best interest of the City.
c. Upon review of the Job Order Proposal(s), the City shall have the right to
reject all proposals, cancel a proposed project or elect to perform work utilizing city
personnel. The City shall not be responsible for payment or costs incurred by the
awarded contractors for the preparation and submission of a Job Order Proposal
regardless of project outcome.
d. In the event that design services, construction drawings and/or plans are
required, the City shall obtain these services from city resources or from a third-
party consultant. The Contractor will not be permitted to contract with or hire
consultants.
e. The Unit Price Book(s) shall serve as a basis for establishing the value of
work to be performed. The Contractor's Job Order Proposal shall be submitted to
the City as negotiated under this JOC Master Agreement, as submitted in
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accordance with the Contractor's Proposal, Exhibit E.
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Rev.Jun-2010
12. Scheduling of Work
a. The first day of performance shall be the effective date specified in the Job
Order Contract. Any preliminary work started, materials ordered or purchased prior
to receipt of the City's Purchase order shall be at the Contractor's risk and
expense.
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b. The Contractor shall meticulously prosecute the Work to completion with
the time set forth in the Job Order.
c. The period of performance shall include allowance for mobilization;
holidays; weekend days; inclement weather; cleanup and project acceptance
procedures.
d. When the Contractor considers the Work to be complete and ready for its
intended use, the Contractor shall notify the Director of Engineering Services or
designee. The City shall inspect the Work to determine the status for completion.
The contractor shall proceed promptly to complete or correct items listed.
e. Contractor shall endure that the purchase, delivery and storage of materials
and equipment shall be made without interference to the City operations and
personnel.
f. The Contractor shall be responsible for removing furniture and/or portable
office equipment from the immediate work area as well as replacing to its original
location upon work completion. In the event that said items cannot be replaced
within its original location, the City shall designate alternate locations(s) for
placement.
g. The Contractor shall take all necessary precautions to ensure that no
damage shall result from operations to private of public property. All damages must
be repaired or replaced by the Contractor at no additional cost to the City. The
Contractor shall also be responsible for providing all necessary traffic control, to
include but not limited to street blockages, traffic cones, flagmen, etc., as required
for each Job Order. Proposed traffic control methods must be submitted to the City
for approval prior to the commencement of work.
h. The Contractor shall be responsible for obtaining all required permits
applicable to performance under any single order placed against this contract. The
City shall be responsible for the cost of any and all City permits.
i. The Contractor shall allow authorized City personnel to inspect and audit
any books, documents, papers, data and records relating to performance
throughout the term of said JOC Agreement. The City reserves the right to audit
and/or examine such records at any time during the progress of this Agreement
and shall withhold payment if such documentation is found by the City to be
incomplete or erroneous.
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Rev.Jun-2010
13. Contractor's Project General Manager. The Contractor's Project General Manager
shall be knowledgeable in multiple disciplines including electrical, mechanical,
HVAC, paving, landscaping, painting, roofing and plumbing.
14. Safety Plan. The Contractor may be required to submit to the City for approval, a
Safety Plan within fifteen (15) calendar days after Award of Agreement. Said plan
must address all aspects of the Contractor's safety procedures including
responsibility for OSHA compliance, drug testing, trend analysis, corrective action
and interface with City inspectors.
15. Warranty of Construction. The Contractor shall warrant that work performed
conforms to the Job Order requirements and is free of any defect in equipment,
material or design furnished, or workmanship performed by the contractor of any
of its subcontractors or suppliers at any tier. All work provided by the Contractor
shall be warranted for a minimum period of one (1) year from the date of final
�► acceptance of the Work. Equipment warranties shall be as required under the
Statement of Work.
16. Training. Upon execution of this Agreement, the Contractor shall make
arrangements and provisions to conduct a minimum of two (2) training classes for
City staff to include but not limited to the JOC Process, explanation and use of the
specific R.S. Means Cost Data Book, Cost Index, and the Unit Price Book, at no
additional cost to the City.
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17. "Green Building"Program."In an effort to conserve resources as well as preserve
our environment, the City is in the process of developing a program to support a
"Green Building" policy for all new city-owned and funded facilities. A "green
building", also known as a high performance building, shall include a structure or
facility that is designed, build, renovated, and operated in a resource-efficient and
healthful manner. Green buildings are designed to meet certain objectives such
as: conserve energy and water, use renewable, recyclable or reclaimed materials,
protect occupant health, optimize use of local and regional resources, and reduce
the overall impact of that new structure to the environment. The program initiatives
for a "Green Building" policy may include the following:
a. All new buildings and major renovations constructed by the City of Corpus
Christi or its contractors and funded directly by the City of Corpus Christi shall be
designed and constructed with economical and technically feasible green building
components.
b. The City of Corpus Christi shall focus this green building policy in an effort
to meet the requirements of the Texas Emissions Reduction Plan, specifically
Chapter 388. Section 388.005 of the Texas Health and Safety Code, which states
that certain political subdivisions should: (a) implement all cost effective "energy
efficiency measures" in order to reduce electric consumption by the existing
facilities, (b) establish a goal to reduce electric consumption by its facilities of five
(5%) percent each year for five years, and (c) annually report to State Energy
Conservation Office (SECO) its efforts and progress in reduction of electricity.
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Rev.Jun-2010
c. City staff will develop a green building program for the city facilities targeted
in this policy. This green building program will describe the standards of the green
building components, including standards for energy efficiency, renew-able
materials, water conservation, air flow, and site location. This program shall also
describe the target buildings, exemptions, and methods to achieve the goals of this
policy. The development of this plan will include an evaluation of the AIA "2020
j„ Challenge," the U.S. Green Building Council's Leadership in Energy and
Environmental Design (LEED), and the Environmental Protection Agency's Energy
Star Program. Feasible components of these programs will be incorporated into
,,,, this plan. A review of the accomplishments made under this plan shall be reported
to City Council annually.
it d. All maintenance practices performed by the City of Corpus Christi shall
incorporate energy efficiency and green building practices, as reasonably possible.
kit 18. Worker's Compensation Coverage. Texas law requires that contractors,
subcontractors and others must be covered under Worker's Compensation
insurance, authorized self-insurance or a worker's compensation coverage
agreement. Throughout this Agreement such coverage must be provided.
Contractor shall comply with the Insurance Requirements for Worker's
Compensation Coverage as described and shown in the Notice to Contractors
Attachment J.
19. Insurance. Contractor shall comply with the Insurance Requirements as described
and shown in Attachment F.
20. Indemnification. Contractor shall fully indemnify and save
harmless the City of Corpus Christi, its officers, agents and
employees, as required in Attachment G.
21. Independent Contractor. Contractor, it and all persons designated by it to provide
services in connection with this Agreement or any JOC executed pursuant to this
Agreement is, (are) and shall be deemed to be independent contractor(s),
responsible for its (their) respective acts or omissions, and that City shall in no way
be responsible for Contractor's actions, and that none of the parties hereto will
have authority to bind the others or to hold out to third parties, that is has such
authority.
22. Governing Law and Venue. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Texas, and venue of any litigation
hereunder shall be in a court of competent jurisdiction sitting in Nueces County,
Texas.
23. Survivability. The unenforceability, invalidity or illegality of any provisions of this
Agreement shall not render the other provisions unenforceable, invalid or illegal,
but the parties shall negotiate as to the effect of said unenforceability, invalidity or
illegality on the rights and obligations of the parties.
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Rev.Jun-2010
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24. Captions. The captions, titles and headings in this Agreement are merely for the
convenience of the parties and shall neither limit nor amplify the provisions of the
Agreement itself.
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25. Notices to be given by either party to the other relative to this Agreement shall be
in writing. Both parties agree that any such notice shall be effective when
personally delivered or deposited, postage paid, in the U.S. Mail addressed by
certified mail, return receipt request, as follows:
10.
t`rr CITY:
for legal notices send to:
City of Corpus Christi
Veronica Ocanas, Assistant City Attorney
City Attorney's Office
P.O. Box 9277
Corpus Christi, TX 78469-9277
Tel: 361-826-3375
Fax: 361-826-3239
for any questions regarding the administration and management
of this agreement send to:
Graziella Mesa
Project Manager
Department of Engineering Services
1201 Leopard St.
Corpus Christi, TX 78401
Tel: 361-826-3550
Fax: 361-826-3501
Email: graziellam@cctexas.com
CONTRACTOR:
Name: 4/plta al /el/mg f -
Title:
Address: c P.f-4 /G�,•c4�
/4n 71-o TX 7 6,
Tel: vela 4-/Q/ • 9qf 5—
Fax:
Fax: ,- /O — 9 7 / 7
Page 8 of 12
Rev.Jun-2010
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26. TABLE RE DIVISION 01
DIVISION 01
01 11 31 Professional Consultants
INV 01 11 31.10 ONLY ALLOWABLE AS REQUIRED BY
01 11 31.30 STATEMENT OF WORK IF PERMITTED
BY LAW
01 11 31.20
01 11 31.50 NOT AUTHORIZED
01 11 31.75
02 21 16 CONTINGENCY ALLOWANCE
01 21 16.50 NOT AUTHORIZED
01 21 55 JOB CONDITION ALLOWANCE
ads
01 21 55.50 NOT AUTHORIZED
02 21 57 OVERTIME ALLOWANCE
01 21 57.50 ONLY ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 21 61 COST INDEX
01 21 61.10 AVERAGE
01 21 61.30
01 21 61.50
01 21 63 TAXES
01 21 63.10 SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
1'f1
01 31 13 PROJECT COORDINATION
01 31 13.20 SHALL BE INCLUDED WITHIN
01 31.13.30 CONTRACTORS COEFFICIENT
01 31.13.40
01 31 13.60
01 31 13.80
01 31 13.50 NO AUTHORIZATION
01 31 13.90 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 32 13 SCHEDULING OF WORK
01 32 13.50 SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
01 32 33 PHOTOGRAPHIC DOCUMENTATION
01 32 33.50 ROUTINE DOCUMENTATION FOR
CONTRACTORS RECORDS, SHALL BE
1111 INCLUDED WITHIN CONTRACTORS
COEFFICIENT
01 41 26 PERMITS
01 41 26.50 ITEM 0020 WILL BE AUTHORIZED AS
REQUIRED BY STATEMENT OF WORK
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Rev.Jun-2010
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INN
01 45 23 TESTING AND INSPECTING SERVICES
01 45 23.50 ROUTINE TEST FOR CONTRACTORS
RECORDS AND DOCUMENTATION
SHALL BE WITHIN CONTRACTORS
COEFFICIENT. ADDITIONAL TESTING
REQUIRED BY THE CITY WILL BE BY A
SEPARATE CITY CONTRACT
lit 01 51 13 TEMPORARY UTILITIES
01 51 13.80 ALLOWAB LE AS REQUIRED BY
t STATEMENT OF WORK
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01 52 13 FIELD OFFICES AND SHEDS
01 51 13.20 ALLOWABLE AS REQUIRED BY
wig STATEMENT OF WORK
01 51 13.40 NOT AUTHORIZED
01 54 09 PROTECTIVE EQUIPMENT
01 54 23.60 ALLOWABLE AS REQUIRED BY
01 54 23.70 STATEMENT OF WORK
01 54 23.75
01 54 23.80
01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS
01 54 23.60 ALLOWABLE AS REQUIRED BY
01 54 23.70 STATEMENT OF WORK
01 54 23.75
01 54 23.80
01 54 26 TEMPORARY SWING STAGING
01 54 26.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 54 36 EQUIPMENT MOBILIZATION
01 54 36.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 54 39 CONSTRUCTION EQUIPMENT
01 54 39.70 SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
it 01 55 23 TEMPORARY ROADS
01 55 23.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 5613 TEMPORARY AIR BARRIERS
01 56 13.60 ALLOWABLE AS REQUIRED BY
01 56 13.90 STATEMENT OF WORK
01 56 23 TEMPORARY BARRICADES
01 56 23.10 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 56 26 TEMPORARY FENCING
01 56 26.50 ALLOWABLE AS REQUIRED BY
8i STATEMENT OF WORK
01 56 29 TEMPORARY PROTECTIVE WALKWAYS
01 56 29.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 5813 TEMPORARY PROJECT SIGNGAGE
01 58 13.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 71 23 FIELD ENGINEERING
01 71 23.13 ONLY ALLOWABLE AS REQUIRED BY
01 71 23.19 STATEMENT OF WORK, IF PERMITTED
BY LAW
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Rev.Jun-2010
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01 7413 PROGRESS CLEANING
01 74 13.20 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 91 13 COMMISSIONING
01 91 13.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
Contract Contact/Project Manager.
for any questions regarding the administration and management
of this agreement send to:
Graziella Mesa
Project Manager
Department of Engineering Services
1201 Leopard St.
Corpus Christi, TX 78401
Tel: 361-826-3550
Fax: 361-826-3501
Email: graziellam@cctexas.com
CONTRACTOR:
4
Name.I/ A , vi >I /;3Title:
Address: 6Wg\rd 23 e
cSa TX, 7t ?6 6
Tel: a/O
Fax:/2 — 4.g / - 97 /�
ATTACHMENTS to JOC MASTER AGREEMENT
and to RFP No. 2014-07
Agreement for Job Order Contracting for
Minor Construction, Repair, Rehabilitation, and Alteration of Facilities
TABLE OF CONTENTS
ATTACHMENTS
Contractor's Completed Questionnaire RFP Attachment A
Contractor's Completed and Signed Disclosure of Interest Form RFP Attachment B
Contractor's Completed Litigation Disclosure Form RFP Attachment C
Contractor's Completed Minority/Minority Business Enterprise RFP Attachment D
Contractor's Completed Pricing Schedule Form RFP Attachment E
INSURANCE REQUIREMENTS RFP Attachment F
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Rev.Jun-2010
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INDEMNIFICATION REQUIREMENTS RFP Attachment G
Contractor's Completed Signature Page RFP Attachment H
Contractor's Completed Proposal Checklist RFP Attachment I
WORKER'S COMPENSATION COVERAGE RFP Attachment J •
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS RFP Attachment K
SPECIAL PROVISIONS RFP Attachment L
GENERAL PROVISIONS RFP Attachment M
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111 Signed in four (4) parts at Corpus Christi, Texas on the date shown above.
ATTESTCIT OF CO;�; CHRISTI
17, By: L. ��i.•_
City Secretary Jer f• - aker, P. E.,
Acti•g i ector of Capital Programs
APPROVED AS TO LEGAL FORM
ti, By % - • �_ ` .
Asst r ity Attorney
CONTRACTOR
ATT- If Corp ation) Alpha Building Corporation
�( By:
(Seal Below)
Title: !
e `Ste_
(Note: If Person signing for 24850 Blanco Road
corporation is not President, San Antonio, TX 78260
attach copy of authorization to sign) (210) 491-9925 Office
(210) 491-9932 Fax
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SECRETARY
Page 12 of 12
Rev.Jun-2010
RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
i` MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT A
RESPONDENT/CONTRACTOR QUESTIONNAIRE
GENERAL INFORMATION
1. Company Information: Provide the following information regarding your company.
Name/Name of Agency/Company: Alpha Building Corporation
Address 24850 Blanco Road
City: San Antonio State: Texas ;Zip Code: 78260
Telephone No. 210-491-9925 Fax No: 210-491-9932
2. Contact Information: List the person who the City may contact concerning your
proposal or setting dates for meetings.
Name: Mike Durish, Area Manager
Address: 4738 Whirlwind Drive
City: San Antonio State: Texas Zip Code: 78217
Telephone No. 210-767-0955 Fax No: 210-767-0956
Email: mdurish@alphabuilding.com
3. Does your Company anticipate any mergers, transfer of organization ownership,
management reorganization, or departure of key personnel within the next twelve (12)
months that may affect the organization's ability to carry out its proposal?
Yes No X _
4. Is your Company authorized and/or licensed to do business in Texas?
Yes X No
5. Where is the Company's corporate headquarters located? San Antonio, Texas
6. Local Operation: Does the Company have an office located in Corpus Christi, Texas?
Yes X No 500 N. Water St. Suite 888 ATTACHMENT"A"
Corpus Christi, Texas 78401
Page 1of6
a. If the answer to the previous question is "yes", how long has the Company conducted
business from its Corpus Christi office?
Years 9 Months
b. State the number of full-time employees at the Corpus Christi office. 1 (at this time)
7. County Operation: If the Company does not have a Corpus Christi office, does the
Company have an office located in Nueces County, Texas?
Yes No
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a. If the answer to the previous question is yes, how long has the Company conducted
business from its Nueces County office?
Years Months
nr b. State the number of full-time employees at the Nueces County office.
8. Debarment/Suspension Information: Has the Company or any of its principals been
debarred or suspended from contracting with any public entity?
Yes No X
If yes, identify the public entity and the name and current phone number of a
representative of the public entity familiar with the debarment or suspension, and state the
reason for or circumstances surrounding the debarment or suspension, including but not
limited to the period of time for such debarment or suspension.
9. Surety Information: Have you or the Company ever had a bond or surety canceled or
forfeited?
Yes No X
If yes, state the name of the bonding company, date, amount of bond and reason for such
cancellation or forfeiture.
10. Bankruptcy Information: Have you or the Company ever been declared bankrupt or
filed for protection from creditors under state or federal proceedings?
Yes No X
is If yes, state the date, court, jurisdiction, cause number, amount of liabilities and amount of
assets.
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11.Provide any other names under which your business has operated within the last 10
years. Not applicable.
ATTACHMENT"A"
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REFERENCES - Provide five (5) references, one of which must be from a financial institution
that has provided Respondent with banking services during the past three years. Identify two
of your largest public entity clients and two of your largest non-public entity clients in which
is
you have provided services to within the past three years.
Reference No. 1: (Financial Institution)
Firm/Company Name: Frost Bank
r Contact Name: Daryl W. Hoffmann Title: Vice President
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Address: 1250 NE Loop 410
FR City: San Antonio State: Texas .Zip Code: 78209
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Telephone No. 210-220-4022 Fax No: 210-220-6816
Email: dhoffmann@frostbank.com
as
Reference No. 2: (Public Entity)
i. Firm/Company Name: City of San Antonio
Contact Name: Rodney Dziuk Title:Asst. Capital Programs Mngr
l" Address: 114 West Commerce, 4th Floor
City: San Antonio State: Texas .Zip Code: 78205
6 Telephone No. 210-207-2876 Fax No: 210-207-2197
r Email: rodney.dziuk@sanantonio.gov
L.
LReference No. 3: (Public Entity)
Firm/Company Name: The University of Texas at San Antonio
Contact Name: Paul Goodman, P.E. Title:Asst. VP for Facilities
Address: One UTSA Circle
City: San Antonio State: Texas .Zip Code: 78249
Telephone No. 210-458-6584 Fax No: 210-458-4266
aul. utsa.edu
4= Email:ill
p goodman @
to
ATTACHMENT"A"
Page 3 of 6
REFERENCES Continued...
Reference No. 4: (Non-Public Entity)
Firm/Company Name: HUB International Rigg
Contact Name: Lawrence Rhodes Title: Agent
Address: 10777 Westheimer, Suite 300
City: Houston State: Texas .Zip Code: 77042
Telephone No. 713-425-6631 Fax No: 713-336-3704
Email: lawrence.rhodes@hubinternational.com
Reference No. 5: (Non-Public Entity)
lir Firm/Company Name: Padgett Stratemann and Company
Contact Name: Denise Bendele Title:
Address: 100 N.E. Loop 410, Suite 1100
City: San Antonio State: Texas .Zip Code:
a
Telephone No. 210-828-6281 Fax No:
Email: denise.bendele@padgett-cps.com
r.
ATTACHMENT"A"
Page 4 of 6
�Et
EXPERIENCE, BACKGROUND, QUALIFICATIONS - Prepare and submit narrative
responses in corresponding format/numbering to address the following items. If Respondent
is proposing as a team or joint venture, provide the same information for each member of the
team or joint venture.
1. Describe Respondent's experience relevant to the Scope of Services requested by this
RFP. List and describe relevant projects of similar size and scope performed over the
past four years. Include budget, associated results or impacts and customer contact
information for each project/work performed.
2. Describe Respondent's specific experience with public entities clients, especially large
P Y 9
municipalities. If Respondent has provided services for the City in the past, identify the
3;
name of the project and the department for which Respondent provided those services.
Include budget, associated results or impacts and customer contact information for each
project/work performed.
3. List other resources, including total number of employees, number and location of offices,
number and types of equipment available to support this project.
4. If Respondent is proposing as a team or joint venture or has included sub-contractors,
describe the rationale for selecting the team and the extent to which the team, joint
venture and/or sub-contractors have worked together in the past.
5. Identify the number and professional qualifications (to include licenses, certifications,
associations) of staff to be assigned to the project and relevant experience on projects of
611similar size and scope.
6. State the primary work assignment and the percentage of time key personnel will devote
to the project if awarded the contract.
7. Provide safety record with submittal, to include Respondent's OSHA Recordable Incident
Rate, Lost Work Day Rate plus Experience Modification Rating for the past three (3)
years.
8. Additional Information. Identify any additional skills, experiences, qualifications, and/or
other relevant information about the Respondent's qualifications.
9. Contractor's Field Administration Staff. The Contractor shall employ for this Project, as its
field administration staff, superintendents and foremen who are careful and competent
and acceptable to the City Engineer. The superintendent must have at least five (5) years
successful oversight and management experience in the construction field to include, but
not limited to, scheduling of manpower and materials, structural steel erection, masonry,
safety, coordination of subcontractors, and familiarity with the architectural submittal
process, federal and state wage rate requirements,and contract closeouts.
ATTACHMENT"A"
Page 5 of 6
C
PROPOSED PLAN - Prepare and submit the following items in corresponding numerical
format.
1. Describe Respondent's proposed methodology to manage City projects including
management software.
2. Operation Plan - Describe plan to include the following:
a. Billing procedures to include payments, progress payments, etc.
b. Record retention policy and procedures to include type of records retained as well as
duration periods for each.
c. Reporting project status to include reporting process and procedures as well as
method and frequency for report submissions. Include with proposal sample report(s).
3. Job Order Management Plan —Describe Plan to include:
a. Process for receiving and responding to JOG requests. Include proposed response
time for both emergency and non-emergency requests.
b. Provide Respondent's standard and non-standard working schedules to include hours,
days, weekends and holidays.
c. Identify proposed types of Job Order documentation to be utilized for each project.
d. Provide Respondent's proposed schedule for completing standard type job orders.
e. Provide Respondent's procedure for notifying the City regarding project delays.
f. Describe proposed procedures for processing change orders.
g. Project submission check list for each Proposal.
4. Project Management Plan - Describe plan for managing each City project to include:
a. Assignment of project manager(s).
b. Communication procedures with City staff as well as with subcontractors.
c. Managing multiple projects.
5. Subcontractor Management Plan - Describe plan for managing subcontractor(s) to
include:
a. Identifying, selecting, managing and assisting subcontractors regarding City projects.
b. Contingency plan for unsatisfactory work provided by a subcontractor.
6. Quality Assurance/Quality Control Plan — Describe Plan to include procedures and
personnel utilized for quality control, problem resolution, self-assessment, interaction with
City inspectors, and control of subcontractor(s)performance.
tR
7. Safety Program - Describe safety programs to be utilized in the multi-discipline, multi-
IN organizational scope of the JOG.
8. Training Plan - Describe plan to conduct training for City staff as well as topics to be
included.
9. Additional Information. Provide any additional plans and/or relevant information about
Respondent's approach to providing the required services.
ATTACHMENT"A"
row
Page 6 of 6
r
L
ra ,ll4Q CITY OF CORPUS CHRISTI
City of- - DISCLOSURE OF INTEREST
L
Corpus
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Everyquestion must be answered.
If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Alpha Building Corporation
P. O.BOX:
STREET ADDRESS: 24850Blanco Road CITY: San Antonio ZIP: 78260
FIRM IS: 1. Corporation X 2. Partnership _ 3. Sole Owner El4. Association _ 5. Other _
1
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
w constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
, NA
`.
1 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
NA
3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Board,Commission or Committee
NA
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Consultant
NA
E
i ATTACHMENT"B"
Page 1 of 2
1
r
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed writing to the City official,employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Kathleen K. Acock Title: President
(Type or Print)
Signature of Certifying Person: Date:
� November 21, 2014
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the Cityof Corpusus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
ATTACHMENT"B"
Page 2 of 2
2
r
r
RFP NO. 2012-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT C
LITIGATION DISCLOSURE FORM
Failure to fullyand truthfullydisclose the information required by this Litigation disclosure form
may result in the disqualification of your proposal form consideration or termination of the
contract, once awarded.
1. Have you or any member of your Firm or Team to be assigned to this engagement ever been
indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years?
Circle One YES NO
2. Have you or any member of your Firm or Team to be assigned to this engagement been terminated
(for cause or otherwise)from any work being performed for the City of Corpus Christi or any other
Federal, State or Local Government, or Private Entity?
Circle One YES NO
3. Have you or any member of your Firm or Team to be assigned to this engagement been involved in
any claim or litigation with the City of Corpus Christi or any other Federal, State or Local
Government, or Private Entity during the last ten (10) years?
Circle One YES NO
If you have answered "YES" to any of the above questions, please indicate the name(s) of the
person(s), the nature, and the status and/or outcome of the information, indictment, conviction,
termination, claim or litigation, as applicable. Any such information should be provided on a
separate page, attached to this form and submitted with your proposal.
r
6
ATTACHMENT"C"
Page 1 of 1
r
RFP NO. 2014—07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR,
REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT D
MINORITY/MINORITY BUSINESS ENTERPRISE PARTICIPATION POLICY
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
r by trade and for Minority Business Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation, association or joint
venture as herein provided which has been awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation, association or
joint venture as herein identified as providing work, labor, services, supplies,
equipment, materials or any combination of the foregoing under contract with a
prime contractor on a City contract.
c. Small Business Enterprises (SBE): a corporation, partnership, sole proprietorship
or other legal entity, for the purpose of making a profit, which is independently
owned and operated and which meets the U.S. Small Business Administration
(SBA) size standard for a small business. All firms meeting these thresholds will be
considered an SBE.
d. 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,
gy. 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.
L
Attachment"D"
Page 1 of 5
is
(b) For an enterprise doing business as a partnership, at least 51.0%
of the assets or interest in the partnership property must be owned
by one or more minority person(s).
(c) For an enterprise doing business as a corporation, at least 51.0%
of the assets or interest in the corporate shares must be owned by
one or more minority person(s).
2. Controlled
The primary power, direct or indirect, to manage a business enterprise
rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
6 enterprise, as the case may be, must be entitled to receive 51.0% or
more of the total profits, bonuses, dividends, interest payments,
commissions, consulting fees, rents, procurement, and subcontract
payments, and any other monetary distribution paid by the business
enterprise.
e. Minority: See definition under Minority Business Enterprise.
f. Woman Business Enterprise (WBE): 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
hir more women.
g. African-American Business Enterprise (AABE): A sole proprietorship, partnership,
or corporation owned, operated and controlled by an African-American group
member(s) who has at least 51% ownership. The African American Group
member(s) must have operational and managerial control, interest in capital,
expertise and earnings commensurate with the percentage of ownership and be
legal residents or citizens of the United States or its territories.
la h. Joint Venture: A joint venture means an association of two or more persons,
partnerships, corporations, or any combination thereof, founded to carry on a
single business activity which is limited in scope and direction. The degree to
which a joint venture may satisfy the stated MBE goal cannot exceed the
proportionate interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture which is to
perform 50.0% of the contract work itself and in which a minority joint venture
partner has a 50.0% interest, shall be deemed equivalent to having minority
participation in 25.0% of the work. Minority members of the joint venture must
have financial, managerial, or technical skills in the work to be performed by the
joint venture.
Attachment"D"
Page 2 of 5
6
✓
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)
■ 35%/ 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 of from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Complete and submit a good faith effort plan of goals to meet this policy.
b. 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.
c. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The
Contractor is to indicate the percent of minority and female participation, by
trade, which has been utilized on the Project. Along with the request for final
• payment on the Project, the Contractor will indicate, in writing, the overall
participation in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to submit bi-
b
weekly payrolls in a timely fashion or to submit overall participation information
as required.
ks 5. Good Faith Effort Required
Proposals shall include a Good Faith Effort Plan (GFEP-ATTACHED). The GFEP shall
include specific documentation to utilize local, small, MBE-WBE-AABE businesses in a
percentage, which equals or exceeds the above goals. Any proposal that does not
include the GFEP form shall be declared non-responsive, and excluded from
consideration.
N
Attachment"D"
Page 3 of 5
1W
GOOD FAITH EFFORT PLAN
Page 1 of 2
NAME OF
PROJECT: Job Order Contract
BIDDER/PROPOSER INFORMATION:
Name of Bidder/Proposer: Alpha Building Corporation
Address: 24850 Blanco Road
City: San Antonio State: Texas Zip Code: 78260
Telephone: 210-491-9925 E-mail Address: mdurish@alphabuilding.com
(If yes, please submit Certification
Is your firm certified? x Yes No Certificate.)
WBE certified through SCTRCA and NCTRCA
List all subcontractors/suppliers that will be used for this contract. (Indicate all MBEs-WBEs-AABEs-
1 SBE-HUB's. Use additional sheets as needed.)
NAME AND ADDRESS OF MBE-WBE-AABE-
SUBCONTRACTOR'S/SUPPLIER'S CONTRACT AMOUNT LEVEL OF SBE-HUB
COMPANY PARTICIPATION CERTIFICATION
NUMBER
Alpha Building Corporation will fully participate in the City's minority business enterprise program.
Subcontractors and suppliers are not known at this time. Please see our Diversity Program policy
following this form.
I
iYrr
rAll MBE-WBE-AABE-SBE subcontractors or suppliers must submit a copy of their certification certificate through the
Prime Contractor. Proof of certification must be attached to this form.
Attachment"D"
Page 4 of 5
GOOD FAITH EFFORT PLAN
e. Page 2 of 2
2 Please attach a copy of your company's MBE-WBE-AABE-SBE policy.
Name and phone number of person appointed to coordinate and administer the Good Faith
3 Efforts of your company on this project.
it
4 This Good Faith Effort Plan is subject to the Director of Capital Programs approval.
Nr GOOD FAITH EFFORT PLAN AFFIRMATION
I HEREBY AFFIRM THAT THE INFORMATION PROVIDED IN THIS GOOD FAITH EFFORT PLAN IS TRUE AND
PP
COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF
AWARDED THE CONTRACT,THIS DOCUMENT SHALL BE ATTACHED THERETO AND BECOME A BINDING PART OF
THE CONTRACT.
s
SI NA URE OF AUTHORIZED OFFICIAL
Kathleen K. Acock, President
TITLE OF OFFICIAL
November 21, 2014 210-491-9925
DATE PHONE
****************************************************************************************
FOR CITY USE
rr
Plan Reviewed by:
Recommendation: Approval Denial
IIS
DIRECTOR OF CAPITAL PROGRAMS
Attachment"D"
Page 5 of 5
r
✓
RFP NO. 2014— 07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION,
REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
•
ATTACHMENT E
PRICING SCHEDULE FORM
The Contractor shall furnish all supervision, labor, materials, tools, supplies, equipment,
transportation, bonds, insurance, including taxes, overhead and profit to perform all services
•
necessary and required for the Job Order Contract. Work requirements shall be specifies in
individual Work Orders.
•
A. Pre-Priced Items
• 1. Coefficient Factor: Standard/Normal Working Hours 1.08
2. Coefficient Factor: Non-Standard/Normal Working Hours 1.13
✓ B. Non Pre-Priced Items
1. Coefficient Factor: Standard/Normal Working Hours 1.19
2. Coefficient Factor: Non-Standard/Normal Working Hours 1.21
NW
Notes:
1. The first coefficient factor shall be applied to the R.S. Means Cost Data Unit Price Book
Items anticipated to be accomplished during standard working hours. The second
coefficient factor is to be applied to R.S. Means Unit Price Book Items anticipated to be
accomplished during other than standard working hours. Prices shall be based upon the
R.S. Means Cost Data Catalog for Corpus Christi, Texas, latest revision as follows:
rr • R.S. Means Facility Construction Cost Data Book for General Construction,
Electrical, and Plumbing
• R.S. Means Mechanical Cost Data Book for Additional Mechanical / Electrical /
Plumbing (MEP)
• R.S. Means Repair and Remodeling Cost Data Book for Roofing
2. The Actual pricing for work performed under this contract will be based on the unit
rates contained in the Unit Price Book, including applicable Coefficient adjustments as
set forth above, and the quantities mutually agreed to by the Contractor and the City
prior to the issuance of a Work Order. The Coefficient factors shall be firm for the
duration of the Contract. The R.S. Means prices contained in the Unit Price Book are
it firm for the term of the Contract and will be replaced each optional year, on the
anniversary of the Contract, with the unit prices in the most current R.S. Means Cost
Data. Attachment"E"
Page 1 of 1
r
RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES
ATTACHMENT F
INSURANCE REQUIREMENTS
(Revised June 2010)
4r I. CONTRACTOR'S LIABILITY INSURANCE
A. The Contractor shall not commence work under this Agreement until he/she has obtained all
insurance required herein and such insurance has been approved by the City. Nor shall the
Contractor allow any subcontractor to commence work until all similar insurance required of
the subcontractor has been so obtained.
B. The Contractor shall furnish two (2) copies of certificates, with the City named as an
additional insured, showing the following minimum coverage in an insurance company
acceptable to the City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage
PER OCCURRENCE/AGGREGATE
Commercial General Liability, including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations Hazard
6. Contractual Liability
7. Broad Form Property Damage
ism
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY - OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WORKERS'COMPENSATION
EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT
$100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE Not
limited to sudden &accidental discharge; to
0 REQUIRED
include long-term environmental impact for the
disposal of contaminants 0 NOT REQUIRED
lr
See Section B-6-11 &Supplemental Insurance Requirements
BUILDERS' RISK 0 REQUIRED 0 NOT REQUIRED
ii
$100,000 COMBINED SINGLE LIMIT
See Section B-6-11 &Supplemental
INSTALLATION FLOATER
0 REQUIRED 0 NOT REQUIRED
ATTACHMENT"F"
4111 Page 1of3
1
r
C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of
d all reports of such accidents at the same time that the reports are forwarded to any other
is
interested parties.
II. INDEMNIFICATION AND HOLD HARMLESS
A. The CONTRACTOR shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self-insurance obtained in accordance with Texas
law. If such coverage is obtained through a licensed insurance company, then the contract
`' for coverage shall be written on a policy and endorsements approved by the Texas State
Board of Insurance.
If such coverage is provided through self-insurance, then within ten (10) calendar days after
the City requests that the Contractor sign the contract documents, the Contractor shall
provide the City with a copy of its certificate of authority to self-insure its workers'
compensation coverage, as well as a letter, signed by the Contractor, stating that the
certificate of authority to self-insure remains in effect and is not the subject of any
Ito
revocation proceeding then pending before the Texas Workers' Compensation Commission.
Further, if at any time before final acceptance of the Work by the City, such certificate of
authority to self-insure is revoked or is made the subject of any proceeding which could
result in revocation of the certificate, then the Contractor shall immediately provide written
notice of such facts to the City, by certified mail, return receipt requested, directed to: City
of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi,
Texas 78469, Attention: Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
! ` insurance company or through self-insurance, the coverage provided must be in an amount
i„ sufficient to assure that all workers' compensation obligations incurred by the Contractor
will be promptly met.
B. Builder's Risk Coverage: CONTRACTOR will be responsible for providing builder's risk
insurance coverage for the term of the contract up to and including the date the CITY finally
accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy
shall be a completed value form. The CONTRACTOR shall provide such builder's risk
coverage at least in the amount of $ N/A , ( N/A Dollars ), which is estimated to
be the value at completion of the real or personal property to be constructed, repaired or
otherwise improved under the contract.
S
CONTRACTOR shall be responsible for paying all costs necessary to procure such builder's
risk insurance coverage, including any deductible. The CITY shall be named an
• additional insured on any policy providing such insurance coverage.
wr
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ATTACHMENT"F"
Page 2 of 3
IN
�1r
I
III. ON THE CERTIFICATE OF INSURANCE:
• The CITY OF CORPUS CHRISTI is to be named as an additional insured on the
certificate and by endorsement on the liability coverage, except for workers'
compensation coverage.
• 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.
w
• The NAME OF THE PROJECT should also be listed under"description of operations".
IV. A completed Disclosure of Interest form must be submitted with your proposal. Attachment B.
I.
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ATTACHMENT"F"
Page 3 of 3
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qtr
RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR,
REHABILITATION, AND ALTERATION OF FACILITIES
r
ATTACHMENT G
INDEMNIFICATION REQUIREMENTS
1rr
RESPONDENT/CONTRACTOR, if selected, covenants and agrees to FULLY INDEMNIFY and
r HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers
it _ and representatives of the CITY, individually or collectively, from and against any and all costs,
claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands,
causes of action, liability and suits of any kind and nature, including but not limited to,
ilk
personal or bodily injury, death and property damages, made upon the CITY directly or
indirectly arising out of, resulting from or related to RESPONDENT/CONTRACTOR, if selected,
rr activities under this CONTRACT, including any acts or omissions of
RESPONDENT/CONTRACTOR, if selected, and agent, officer, director, representative,
employee, consultant or subcontractor of CONSULTANT, and their respective officers, agents,
employees, directors and representatives while in the exercise of performance of the rights or
duties under this CONTRACT, all without however, waiving any governmental immunity
available to the CITY under Texas Law and without waiving any defenses of the parties under
Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY
EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES,
PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY
PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS,
DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this
INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant
any rights, contractual or otherwise, to any other person or entity.
RESPONDENT/CONTRACTOR, if selected, shall advise the CITY in writing within 24 hours of any
claim or demand against the CITY or RESPONDENT/CONTRACTOR, if selected, known to
RESPONDENT/CONTRACTOR, if selected, related to or arising out of
RESPONDENT/CONTRACTOR, if selected, activities under this CONTRACT and shall see to the
01,
investigation and defense of such claim or demand at RESPONDENT/CONTRACTOR, if selected,
cost. The CITY shall have the right, at its option and at its own expense, to participate in such
defense without relieving CONSULTANT of any of its obligations under this paragraph.
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It is the EXPRESS INTENT of the parties to this CONTRACT, that the INDEMNITY provided
for in this section, is an INDEMNITY extended by RESPONDENT/CONTRACTOR, if selected, to
INDEMNIFY, PROTECT and HOLD HARMLESS, the CITY from the consequences of the CITY'S
OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL
APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the resultant
injury, death, or damage, and shall have no application when the negligent act of the City is
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Attachment"G"
Ir Page 1 of 2
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the sole cause of the resultant injury, death or damage. RESPONDENT/CONTRACTOR, if
selected, further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND
IN THE NAME OF THE CITY, any claim or litigation brought against the CITY and its elected
officials, employees, officers, directors, volunteers and representatives, in connection with any
such injury, death, or damage for which this INDEMNITY shall apply, as set forth above.
The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any other person
or entity.
RESPONDENT/CONTRACTOR, if selected, shall advise the CITY in writing within 24 hours
tip of any claim or demand against the CITY or RESPONDENT/CONTRACTOR, if selected, known to
CONSULTANT related to or arising out of contractor's activities under this contract.
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Attachment"G"
111. Page 2 of 2
RFP NO. 2014-07
is AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR,
REHABILITATION, AND ALTERATION OF FACILITIES
w
ATTACHMENT H
r- SIGNATURE PAGE
Check(✓)the box that indicates business structure of Respondent
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r Individual or Proprietorship r Partnership or Joint Venture IK Corporation
The undersigned certifies that(s)he is President(title)of the Respondent entity named below;that(s)he is designated
to sign this Proposal Form (if a Corporation then by resolution with Certified Copy of resolution attached)for and on
behalf of the entity named below,and that(s)he is authorized to execute same for and on behalf of and bind said entity
to the terms and conditions provided for in the Proposal as required by this RFP, and has the requisite authority to
execute an Agreement on behalf of Respondent, if awarded,and that the 11-digit Comptroller's Taxpayer Number for
the entity is:
17416576175 74-1657617
11-digit Comptroller's Taxpayer Number Employer Identification Number
lir
Alpha Building Corporation
F
Respondent Organization Name (DBA also required if Individual or Proprietorship)
By: �
Printed Name: Kathleen K. Acock
i,.
Title: President
ir.
By:
(if Respondent is a Joint Venture, an authorized signature from a representative of each party is required)
Printed Name:
IP
Title:
By signature above, Respondent agrees to the following:
1. If awarded a contract in response to this RFP, Respondent will be able and willing to comply with the insurance
and indemnification requirements set out in RFP Attachments F&G.
2. If awarded a contract in response to the RFP, Respondent will be able and willing to comply with all
representations made by Respondent in Respondent's Proposal and during Proposal process.
3. Respondent has fully and truthfully submitted a Litigation Disclosure form with the understanding that failure to
disclose the required information may result in disqualification of proposal from consideration.
4. Respondent agrees to fully and truthfully submit a Respondent Questionnaire and understands that failure to
fully disclose requested information may result in disqualification of proposal from consideration or termination
of contract,once awarded.
5. To comply with the City's Ethics requirements, it is prohibited that a person or entity seeking a City contract—or
any other person acting on behalf of such a person or entity-from contacting City officials or their staff prior to
the time such contract is posted as a City Council agenda item. Attachment"H"
Page 1 of 1
■
RFP NO. 2014—07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION,
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REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
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ATTACHMENT I
PROPOSAL CHECKLIST
Use this checklist to ensure that all required documents have been included in the
proposal and that they are properly tabbed and appear in the correct order.
Tab in Initial to indicate
la Proposal Document Document is Attached to
Proposal
•
Table of Contents
A Respondent Questionnaire(RFP Attachment A) K.A.
B *Disclosure of Interest Form(RFP Attachment B) K.A.
,. C Litigation Disclosure(RFP Attachment C) K.A.
*Minority/Minority Business Participation K.A.
D Policy good faith plan(RFP Attachment D)
r E Pricing Schedule(RFP Attachment E) K.A.
F Brochures K.A.
G Financial Information K.A.
Proof of Insurability(Letter and Copy of Current
K.A.
H Certificate of Insurance)
*Signature Page(&Resolution,if applicable) K.A.
(RFP Attachment H)
J Proposal Checklist(RFP Attachment I) K.A.
NMIOne(1)Original and six(6)Copies of Proposal K.A.
*Documents marked with an asterisk on this checklist require a signature. Be
sure they are signed prior to submittal of proposal.
Kath een K. Acock, President
November 21, 2014
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Attachment"I"
Page 1 of 1
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RFP NO. 2014-07
JOB ORDER CONTRACT
CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT J
WORKER'S COMPENSATION INSURANCE REQUIREMENTS
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Texas Administrative Code
MUM INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE,DIVISION OF
WORKERS'COMPENSATION
CHAPTER iia REQUIRED NOTICES OF COVERAGE
$UBCHAITER B EMPLOYER NOTICES
RULE§110.110 Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a)The following words and terms,when used in this rule,shall have the following meanings,
unless the context clearly indicates otherwise.Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code,if so defined.
(I)Certificate of coverage(certificate)—A copy of a certificate of insurance,a certificate of
authority to self-Insure issued by the commission,or a workers'compensation coverage
agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'
compensation insurance coverage for the person's or entity's employees(including those subject
to a coverage agreement)providing services on a project,for the duration of the project
(2)Building or construction—Has the meaning defined in the Texas Labor Code,
§406.096(exl).
(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-8I,form TWCC-82,form
TWCC-83,or form TV/CC-84,filed with the Texas Workers'Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers'Compensation
Act,pursufant to the Texas Labor Code,Chapter 406,Subchapters F and(i,as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6)Duration of the project—Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7)Persons providing services on the project("subcontractor"in§406.096 of the Act)—With the
exception of persons excluded under subsections(h)and(i)of this section,includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project,regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees.This includes but is not limited to independent
contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of
any such entity,or employees of any entity furnishing persons to perform services on the project
Page 2of11 Attachment "J"
Page 2 of 11
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"Services"includes but is not limited to providing,hauling,or delivering equipment or materials,
or providing labor,transportation,or other service related to a project"Services"does not
include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries,and delivery of portable toilets.
(8)Project—Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
projectare 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;
in
(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
irm 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
Dap
Page ag Attachment "J"
Page 3 of 11
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(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
i`. 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;
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(4)obtain from each person providing services on a project,and provide to the governmental
entity:
(A)a certificate of coverage,prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project;and
(B)no later than seven days after receipt by the contractor,a new certificate of coverage
showing extension of coverage,if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6)notify the governmental entity in writing by certified mail or personal delivery,within ten
days after the contractor knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;
(7)post a notice on each projectsite informing all
Persons providing services on the project that
they are required to be covered,and stating how a person may verify current coverage and report
failure to provide coverage.This notice does not satisfy other posting requirements imposed by
the Act or other commission rules.This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type,and shall be in both English and Spanish and
any other language common to the worker population.The text for the notices shall be the
following text provided by the commission on the sample notice,without any additional words
or changes:Attached Graphic
(8)contractually require each person with whom it contracts to provide services on a project to:
(A)provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing aervices on the project,
for the duration of the project;
(B)provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C)include in all contracts to provide services on the project the language in subsection(e)(3)
of this section;
Page 4 of 11 Attachment "J"
Page 4 of 11
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(D)provide the contractor,prior to the end of the coverage period,a new certificate of
r 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
(G)notify the governmental entity in writing by certified mail or personal delivery,within ten
days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
(H)contractually require each other person with whom it contracts,to perform as required by
subparagraphs(A)-(H)of this paragraph,with the certificate of coverage to be provided to the
person for whom they are providing services.
(e)A person providing services on a project,other than a contractor,shall:
(1)provide coverage for its employees providing services on a project,for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2)provide a certificate of coverage as required by its contract to provide services on the
project,prior to beginning work on the project;
(3)have the following language in its contract to provide services on the project"By signing
this contract or providing or causing to be provided a certificate of coverage,the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers'compensation
coverage for the duration of the project,that the coverage will be based on proper reporting of
classification codes and payroll amounts,and that all coverage agreements will be filed with the
appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of
Self-Insurance Regulation.Providing false or misleading information may subject the contractor
to administrative penalties,criminal penalties,civil penalties,or other civil actions."
(4)provide the person for whom it is providing services on the project,prior to the end of the
coverage period shown on its current certificate of coverage,a new certificate showing extension
of coverage,if the coverage period shown on the certificate of coverage ends during the duration
of the project:
ar (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;
Attachment "J"
Page S of l l Page 5 of 11
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(6)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(9)notify the governmental entity in writing by certified mail or personal delivery,of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change;and
(8)contractually require each other person with whom it contracts to:
(A)provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B)provide a certificate of coverage to it prior to that other person beginning work on the
Project;
(C)include in all contracts to provide services on the project the language in paragraph(3)of
this subsection;
(D)provide,prior to the end of the coverage period,a new certificate of coverage showing
extension of the coverage period,if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E)obtain from each other person under contract to it to provide services on the project,and
provide as required by its contract:
(i)a certificate of coverage,prior to the other person beginning work on the project;and
(ii)prior to the end of the coverage period,a new certificate of coverage showing extension
of the coverage period,if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
(G)notify the governmental entity in writing by certified mail or personal delivery,within ten
days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
(H)contractually require each person with whom it contracts,to perform as required by this
subparagraph and subparagraphs(A)-(G)of this paragraph,with the certificate of coverage to be
provided to the person for whom they are providing services.
(f)If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application,and to this end the provisions of this rule are
declared to be severable.
(g)This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994.This rule is also applicable for those building
or construction contracts entered into on or after September 1, I994,which are not required by
law to be advertised for bid.
Attachment "J"
Page 6 of 11 Page 6 of 11
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(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
poR
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered,issued for delivery,or renewed on or after January 1,
1996.
Source Note:The provisions of this§110.110 adopted to be effective September 1, 1994, 19
TexReg 5715;amended to be effective November 6, 1995,20 TexReg 8609
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Attachment "J"
Page 7 of 11
Page 7 of 11
T288110.110(d)(7)
"REQUIRED WORKERS'COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers'compensation insurance. This includes persons
providing hauling or delivering equipment or materials,or providing labor or transportation or
■ other service related to the project,regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on
usi 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."
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Attachment "J"
Page 8 of 11
Page 8 of 11
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T28S110.110(cx?)
P.
0111
Article . Workers'Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage("certifiicate'7-A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission,or a coverage agreement(TWCC 81,MCC-
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.
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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 perforin 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
contactors,subcontractors, leasing companies,motor carriers,owner-operators,employees of
airy 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
ofTexas 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 ofthe 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
B. The contractor shall obtain from each person providing services on a project,and provide to
the governmental entity:
(1)a certificate of coverage,prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project;and
(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 icate of
coverage ends during the duration of the project.
Attachment "J"
Page 9 of 11 Page 9 of 11
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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 brown,of any change that
materially Ideas the provision of coverage of any person providing services on the project.
H.The contractor shall post on each project site a notice,in the text,form and manner
prescribed by the Texas Workers'Compensation Commission, forming 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.
L The contractor shall contractually require each person with whom it contracts to provide
services on aproject,to:
(1)provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,
Section 401.011(44)for all of its employees providing services on the project,for the duration of
rw
the project;
(2)provide to the contractor,prior to that person beginning work on the project,a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project,for the duration of the project;
(3)provide the contractor,prior to the end of the coverage period a new certificate of coverage
showing extension of coverage, V.&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 e end of the coverage
period,f the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(5)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6)notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known,of any change that materially affrcts 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 tithe 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-
Attachment "J"
Page 10 of 11 page 10 of 11
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Insurance Regulation.Providing false or misleading information may subject the contractor to
administrative penalties,criminal penalties,civil penalties,or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
'"' governmental entity.
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Attachment "J"
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RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (1OC)
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
FACILITIES
ATTACHMENT K
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS
F
The following three provisions (the "Substantial Completion Provisions") are added to the
Contract and govern completion of the Work. These Substantial Completion Provisions change
the Contract to add a substantial completion clause and two partial utilization clauses to the
contract. In case of a conflict in any of the terms in the Contract Documents, the Substantial
Completion Provisions take precedence, trump and prevail over any conflicting provision in the
Contract Documents, including provisions in Addenda issued during the bidding phase, Special
Provisions, construction plans, Standard Specifications, and General Provisions, and specifically
over Special Provision A-34.
Substantial Completion Provisions added:
P
§ 1.01 Substantial Completion;
fr
§ 1.02 Partial Utilization; and
§ 1.03 Partial Utilization, Acknowledgment of Property Insurer
Without limiting the foregoing, the Substantial Completion Provisions take precedence, trump
and prevail over:
Special Provision§§ A-6; A-18; A-39; and A-49
General Provision §§ B-7-8; B-8-9; and B-8-10
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RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING(JOC)FOR
MINOR CONSTRUCTION,REPAIR,REHABILITATION,AND ALTERATION OF
FACILITIES
ATTACHMENT K
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS
1.01 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall
notify the City in writing that the entire Work is substantially complete (except for
items specifically listed by Contractor as incomplete) and request that the City issue a
certificate of Substantial Completion.
B. Promptly after Contractor's notification, City, Contractor, and Architect, if applicable, •
shall make an inspection of the Work to determine the status of completion. If City (or
Architect, if applicable) does not consider the Work substantially complete, City (or
it Architect, if applicable)will notify Contractor in writing giving the reasons therefor.
C. If City (or Architect, if applicable) considers the Work substantially complete, City (or
Architect, if applicable) will deliver to City a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached
to the certificate a tentative list of items to be completed or corrected before final
payment. City shall have seven days after receipt of the tentative certificate during
which to make written objection to City (or Architect, if applicable) as to any
provisions of the certificate or attached list. If, after considering such objections, City
(or Architect, if applicable) concludes that the Work is not substantially complete, City
(or Architect, if applicable) will, within 14 days after submission of the tentative
certificate to City, notify Contractor in writing, stating the reasons therefor. If, after
consideration of City's objections, City(or Architect, if applicable) considers the Work
substantially complete, City (or Architect, if applicable) will, within said 14 days,
execute and deliver to City and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected)
reflecting such changes from the tentative certificate as City(or Architect, if applicable)
believes justified after consideration of any objections from City.
D. At the time of delivery of the tentative certificate of Substantial Completion, City (or
Architect, if applicable) will deliver to City and Contractor a written recommendation
as to division of responsibilities pending final payment between City and Contractor
with respect to security, operation, safety, and protection of the Work, maintenance,
heat, utilities, insurance, and warranties and guarantees. Unless City and Contractor
agree otherwise in writing and so inform City (or Architect, if applicable) in writing
prior to City (or Architect, if applicable)'s issuing the definitive certificate of
Substantial Completion, City (or Architect, if applicable)'s aforesaid recommendation
will be binding on City and Contractor until final payment.
ATTACHMENT"K"
Page 1 of 2
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E. City shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property
iNa and complete or correct items on the tentative list.
1.02 Partial Utilization
A. Prior to Substantial Completion of all the Work, City may use or occupy any
substantially completed part of the Work which has specifically been identified in the
LContract Documents, or which City, Architect (if applicable), and Contractor agree
constitutes a separately functioning and usable part of the Work that can be used by
City for its intended purpose without significant interference with Contractor's
Lperformance of the remainder of the Work, subject to the following conditions:
1. City at any time may request Contractor in writing to permit City to use or occupy
r' any such part of the Work which City believes to be ready for its intended use and
iir substantially complete. If and when Contractor agrees that such part of the Work is
substantially complete, Contractor, City, and City (or Architect, if applicable) will
follow the procedures of Paragraph 1.01 A through D for that part of the Work.
2. Contractor at any time may notify City (and Architect, if applicable) in writing that
r Contractor considers any such part of the Work ready for its intended use and
Lsubstantially complete and request City (or Architect, if applicable) to issue a
certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, City, Contractor, and Architect
(if applicable) shall make an inspection of that part of the Work to determine its
status of completion. If City (or Architect, if applicable) does not consider that part
is of the Work to be substantially complete, Architect (if applicable), will notify City
and Contractor in writing giving the reasons therefor. If there is no Architect for the
Project, City will notify Contractor in writing giving the reasons therefore. If City
(or Architect, if applicable) considers that part of the Work to be substantially
complete, the provisions of Paragraph 1.01 will apply with respect to certification
of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 1.03 regarding property insurance.
1.03 Partial Utilization, Acknowledgment of Property Insurer
A. If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work as provided in Paragraph 1.02, no such use or
occupancy shall commence before the insurers providing the property insurance
pursuant to the Notice to Contractors — A Insurance Requirements, have
acknowledged notice thereof and in writing effected any changes in coverage
necessitated thereby. The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insurance shall not be canceled
or permitted to lapse on account of any such partial use or occupancy.
ATTACHMENT"K"
LPage 2 of 2
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RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES
ATTACHMENT L
SPECIAL PROVISIONS
III
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RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR
La MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT L
[411 SECTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-bid Meeting
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:00 p.m. , Friday, November 21, 2014. Proposals
mailed should be addressed in the following manner:
City of Corpus Christi
City Secretary's Office
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: Gracie Mesa, SR. Project Manager
Lr A pre-submittal conference will be held on Monday, October 27,2014, beginning
at 9:00 a.m. The meeting will convene at the City Hall Basement Training Room,
City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a
discussion of the project elements. If rcqucctcd, a citc visit will follow.
No additional or separate visitations will be conducted by the City.
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
The project consists of minor construction which may include new office
construction (as well as demolition) to completing a new floor plan,
etc. Repair is defined as work that involves the reparation of a broken
system, component, or sub-component of a building such as doors,
1: electrical, plumbing, flooring, sheetrock, and/or air conditioning
systems, etc. Rehabilitation is defined as work that involves the
restoration of an office, floor, system or component of a system in
order to restore functionality. Alteration is defined as work that
involves extending a wall, upgrading lighting fixtures, installing a
door where one did not exist, replacing flooring, etc.
This RFP is requesting services for construction services for three (3)
areas: (1) general, (2) mechanical/electrical/plumbing (MEP) ; and (3)
roofing.
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
Li
The following items are required to be submitted with the proposal:
r
ON Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 1 of 24
JOB ORDER CONTRACT (JOC)
(A Cashier's Chcck, ccrtified chcck, money order or bank draft from any
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 xx calendar days. The
Contractor shall commence work within ten (10) calendar days after receipt of
written notice from the Director of Capital Programs or designee ("City
Engineer") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time period
as extended pursuant to other provisions of this Contract, $500 per calendar
day will be assessed against the Contractor as liquidated damages. Said
liquidated damages are not imposed as a penalty but as an estimate of the
damages that the City will sustain from delay in completion of the work, which
damages by their nature are not capable of precise proof. The Director of
Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
P 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
1: insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the requirements
of this Contract, is in effect for those Contractor employees, liquidated
damages will be assessed against and paid by the Contractor at the highest
daily rate elsewhere specified in this Contract. Such liquidated damages will
accumulate without notice from the City Engineer to the Contractor and will be
assessed and paid even if the permitted time to complete the Project has not
expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
{'! insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A 8 Faxod Proposals
Proposals faxed directly to the City will be considered non responsive.
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B 2 of the General Provisions.
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 2 of 24
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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 building construction. In case of
rconflict, Contractor shall use higher wage rate.
L
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
L employed, if such person is paid less than the specified rates for the classification of work
perfonred. The Contractor and each subcontractor must keep an accurate record showing the
r 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
Ls 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.)
cisOne and one-half (l ) 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.)
1:
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-
ri 800-669-8344, and the Southwestern Bell Locate Group at 1-800-828-5127. For the Contractor's
convenience, the following telephone numbers are listed.
City Engineer 361-826-3500
Pi Project Manager 361-826-3550, 826-3594
Traffic Engineering 880-3540
Police Department 882-1911
Water Department 857-1881 (880-3140 after hours)
PP Wastewater Department 857-1800 (880-3140 after hours)
IA 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
NB Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 3 of 24
A E P 1-877-373-4058 (693-9444 after hours)
S B C 881-2511 (1-800-824-4424,after hours)
`r 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)
his KMC (Fiber Optic) 813-1124 (Pager 888-204-1679)
ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981)
CAPROCK (Fiber Optic) 512-935-0958 (Mobile)
6111 Brooks Fiber Optic (MAN) 972-753-4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for the
construction of this type of project with regard to the location and nature of
underground utilities, etc. However, the accuracy and completeness of such
information is not guaranteed. It is the Contractor's sole and complete
responsibility to locate such underground features sufficiently in advance of
his operations to preclude damaging the existing facilities. If the
Contractor encounters utility services along the line of this work, it is his
responsibility to maintain the services in continuous operation at his own
expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or 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.
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
01 and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and public. This may
include, but is not limited to, working driveways in half widths, construction
of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
01 Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
is Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 4 of 24
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All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A-14 Construction Equipment Spillage and Tracking
L The Contractor shall keep the adjoining streets free of tracked and/or spilled
materials going to or from the construction area. Hand labor and/or mechanical
equipment must be used where necessary to keep these roadways clear of job-
related materials. Such work must be completed without any increase in the
Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and fertilizer.
The dirt must be free of debris, caliche, asphalt, concrete and any other
material that detracts from its appearance or hampers the growth of grass.
r. All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc. , are to be considered subsidiary to the bid item for "Street
Excavation"; therefore, no direct payment will be made to Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and other
unwanted material becomes the property of the Contractor and must be removed
from the site by the Contractor. The cost of all hauling is considered
subsidiary; therefore, no direct payment will be made to Contractor.
A 17 Ficld Officc NOT USED
Thc Contractor must furnish thc Cit - - --- = -- -
field officc at thc construction site. Thc field officc must contain at least
120 square fcct of useable space. Thc field office must be air conditioned and
heated and must be furnished with an inclined table that m asures at least 30"
x 60" and two (2) chairs. The Contractor shall move the field office on the
r. site as required by the City E o ' ---
must be furnished with a telephone (with 21-hour per day answering service)
and FAX machine paid for by the Contractor. There is no separate pay item for
the field office.
!m
A-18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
r. 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.
The plan must indicate the schedule of the following work items:
[*1 Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 5 of 24
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1. Initial Schedule: Submit to the City Engineer three (3) days prior to
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.
r
it 5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A-19 Construction Project Layout and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
r
The Contractor shall furnish all lines, slopes and measurements necessary for
,, control of the work.
If, during construction, it is necessary to disturb or destroy a control point
or bench mark, the Contractor shall provide the City or Consultant Project
O. 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 r ason, it is necessary to deviate from proposed line—&a
grade to properly execute thc work, the Contractor shall obtain approval of
the City or Consultant Projcct Engineer prior to deviation. If, in thc opinion
of the City or Consultant Project Engineer, thc required deviation would
necessitate a revision to thc drawings, thc Contractor shall provide
Engineer to revise thc drawings.-
existing and proposed, for the purpose of adjusting valves and manholes at thc
!! completion of the paving process. Also, the City or Consultant Project
Engineer may require that the Contractor furnish a maximum of two (2)
personnel for the purpose of assisting the measuring of the completed work.
The Contractor shall provide the following certification for documentation and
it verification of compliance with the Contract Documents, plan_ and - - ---
licensed in the state of Texas retained and paid by the Contractor. The Third
Party 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
compliance to - . -=- - _ _- .
Following is the minimum schedule of documentation required:
B Streets:
• All curb returns at point of t - _ -
r • Curb and gutter flow line both sides of street on a 200' interval;
• Street crowns on a 200' interval and at all intersections.
IM Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 6 of 24
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Wastewater:
• All rim/invert elevations at manholes;
• All intcrsccting lines in manholes;
• Casing elevations (top of pipc and flow line) (TXDOT and RR permits) .
Ir
Water:
P • All top of valves box;
• Valves vaults rim;
•
Stormwatcr:
• All rim/invcrt elevations at manholes;
• All intersecting lines in manholes;
• Casing elevations (top of pipe and flow line) (TXDOT and RR permits) .
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
7 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.
A 21 Project Signs
s
The Contractor must furnish and install 1 Project signs as indicated on the
following drawings. (Attachment IV) The signs must be installed before
construction begins and will be maintained throughout the Project period by
the Contracter. The location of the signs will be determined in the field by
the City Engineer.
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
!! is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of Corpus
Christi in support of Equal Employment Opportunity goals and objectives
of the Affirmative Action Policy Statement of the City dated October,
10* 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
ro awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 7 of 24
it
combination of the foregoing under contract with a prime contractor
on a City contract.
I
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
it enterprise in the manner hereinafter set forth:
1. Owned
kr
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
4r
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s) .
(c) For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority person(s) .
r 2. Controlled
P
is The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s) .
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
ri in the corporate shares are owned by one or more women.
MN f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate interest
of the MBE as a member of the joint venture in the work to be
performed by the joint venture. For example, a joint venture which
it 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,
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 8 of 24
S
managerial, or technical skills in the work to be performed by the
joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract award
are as follows:
Minority Participation Minority Business Enterprise
( (Percent) Participation (Percent)
45 % 15 %
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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
gg meeting the Contractor's percentage is prohibited.
ilr 4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the building is
completed and ready for occupancy. Contractees must eletalia the C- - -
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, including
water/wastewater meter fees and tap fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 9 of 24
a
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
L. 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,
t Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A 25 Salop Tax Exemption (NOT USED)
Section B G-22, Tax Exemption Provision, is deleted in its entirety and the
following substituted in lieu thereof.
Contracts for improvements to real property awarded by thc City of Corpus
Christi do not 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 other rules or regulations as may be
promulgated by the Comptroller of Public Accounts of Texas.
If the Contractor elects to operate under a separated contract, he shall:
1. Obtain the necessary sales tax permits from the State Comptroller.
2. Identify in the appropriate space on the "Statement of Materials and
Other Charges" in the proposal form the cost of materials physically
incorporated into the Project.
4. Provide the City with copies of material invoices to substantiate the
proposal value of materials.
If the Contractor does not elect to operate under a separated contract, he
complies with the above requirements. The Contractor must issue a resale
certificate to the subcontractor and the subcontractor, in turn, is.,ues a
resale certificate to his supplier.
f"
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 10 of 24
OP
SI
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:
kr 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
r
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
Yr the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all employees
of the Contractor employed on the Project described in the Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement
to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
1114
t. and attorneys' fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A 27 Rosponaibility for Damagc Claim NOT USED
aragraph (a) Ccncral Liability of Section B 0-11 of thc Ccncral Provisions is
amended to include:
OS
coverage for thc term of the Contract up to and including the date the
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
}'! Page 11 of 24
S
City finally accepts thc Project or work. Builder's Risk or Installation
insurance coverage, including any deductible. The City must be named
A 28 Con3idoration3 for Contract Award and Execution
To allow the City Engineer to determine that the bidder is ab4e to performe-
obligations under the proposed contract, then prior_ to award, the City
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) y ars. The bidder shall specify thc name
and address of the party holding the lien, the amount of the lien, the
any such lien has not been released, the bidder shall state why the claim
has not been paid; and
2. Whether there arc any outstanding unpaid claims against bidder for
and address of the claimant, the amount of the claim, the basis for the
claim, and an exp-lanatioe wiory t-he ci-a4e has no` been pa d-
n
Al bidder may also be required to supply construction references and a
- •! - 0 - --
authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
[: The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
1: 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,
r 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.
MI 2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
P
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
PR
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.
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
den Page 12 of 24
10
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
K staff for this Project during the term of the Contract, such a failure constitutes a
Ilr basis to annul the Contract pursuant to section B-7-13.
A 30 Amcndod "Conoidcration of Contract" Rcquircmento
Under "General Provisions and Requirements for Municipal Construction
must submit to thc City Engineer the following information:
1. A list of thc major components of thc work;
2. A list of thc products to be incorporated into thc Project;
3. A schedule of values Leh specifiea es-ti&tes e-f the ccs-t for . ch m
component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
km
5. The names and addres..es of MBE firms that will participate in the
firm; and substantiation, either through appropriate certifications by
federal agencies or signed affidavits from the MBE firms, that such MBE
be required if the Contractor is an MBE. If thc responses do not clearly
s ss-
____ -
that meeting- ouch requirements is not reasonably po. ible.1:
•
4.
__ •
Contractor has not completed -- _ _ -" -_-_
perform the work.
The City Engineer retains the right to approve all subcontractors thae
will perform work on the Project. The Contractor shall obtain written
cpproval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve all
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the Contract,
then the City Engineer rcta}xs the ri-ght to -__ s . -_ - -
replacement subcontractor prior to its participation in theProject.
will result in an increase in the Contract price. Failure of the
to annul the Contract pursuant to Section B 7 13;
1
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Moi Page 13 of 24
a
Pr*
I
submitted to the City Engineer at the pre construction conference;
8. Documentation required pursuant to the Special Provisions A 28 and A 29
concerning Considerations for Contract Award and Execution and the
yr Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A 35 K, if applicable.
otato) Corporation or Partncrohip, and namc(o) and Titic(o) of
L
A-31 Amended Policy on Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 Amended "Execution of Contract" Requirements
it
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre Bid Hccting referred to in Spccial Provioion A 1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to the
construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
11111 other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges, ASTM
specifications, etc. , the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable) , construction
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 14 of 24
a
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plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
■
A 35 City W.itcr Facilities: Special Requiromont3 (NOT USED)
A. Visitor/Contractor Orientation
Prior to performing work at any City water facility, the Contractor,
his subcontractors, and ach of thcir employees must have on thcir
person a valid card ccrtifying thcir prior attendance at a
Water Dcpartmcnt Personnel. A Visitor/Contractor SafetyOrientation
Program will be offered by authorized City Water Dcpartmcnt
perronncl for those persons who do not havc such a card, and who
6 desire to perferm aRy werk with R ate+ City — - -- _
additional information refer to Attachment 1.
B. Operation of City Owned Equipment
The Contractor Shall not Start, operate, or stop any pump, motor,
Pvalve, equipment, switch, breaker, control, or any othcr item
the City Water Dcpartmcnt.
C. Protection of Water Quality
. - -
all timer. The Contractor shall protect the quality of the water in
e—artment to protect the quality of the wtom
D. Conformity with ANSI/NSF Standard 61
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 (IANSI/NSF) Standard 61 as described in the Standard
Specifications.
thread compounds, coatings, or hydraulic cquipmcnt. Thcoe items
Fi must not be used unless thcy conform with ANSI/NSF Standard 61 and
unless ouch items arc inspected on the site by authorized City
peroonncl immediately prior to u3c.
proof of ANSI/NSF Standard 61 approval for all materials which could
come into contact with potable water.
E. Handling and Disposal of Trash
All trash generated by the Contractor or his employees, agents, or
subcontractors, must be contai _o - - - - -- •
cite. Blowing trash will not be allowed. The Contractor shall keep
work ares cl an at all times and remove all trash daily.
is Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 15 of 24
a
Pri
Oa
✓
F. Contractor's personnel must weer colored uniform overalls other than
✓ orange, blue, or white. Each cmploycc uniform muot provide company
C. Contractor shall provide telephones for Contractor per,&frncl. t
- - - -- .. - et --o. . - o_ .
I. Contractor must not use any City facility restrooms. Contractor must
provide own sanitary facilities.
J. All Contractor vehicles must be parked at dcsignatcd sitc, as
dcsignatcd by City Water Dcpartmcnt staff. All Contractor vehicles
must be clearly labeled with company name. No private employee
vehicles arc allowed at 0. N. Stevens Water Treatment Plant. Al
personncl must be in company vehicles. During working hours,
contractor employees must not 1 ave the dcsignatcd construction arca
nor wander through any buildings other than for rcquircd work or as
directed by City Water Dcpartmcnt personnel during emergency
evacuation.
K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA
ACQUISITION)
Any work to the computer based monitoring and control system must be
performed only by qualified technical and supervisory personncl, as
k determined by meeting the qualifications 1 thru 9 below. This work
selections, furnishing, installing, connecting, programming,
hardware and/or software specified or rcquircd by these
The Contractor or his subcontractor proposing to perform the SCADA
1. He is regularly engaged in the computer based monitoring and
control system business, preferably as applied to the
municipal water and wastewater industry.
and complexity as rcquircd in this Contract on at least
three prior projects.
ON 3. He has been actively engaged in the type of work specified
herein for at least 5 years.
1. He employs a Registered Profca„ional Engineer, a Control
perform the work required by this specifications.
5. He employs personncl on this Project who have successfully
completed a manufacturer's training course in configuring
software proposed for the Contract.
facility within 900 miles of the Project site to maintain,
7. He shall furnish equipment which is the product of one
x
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 16 of 24
r
L
■
not practical, all equipment of a given type will bc the
product of one manufacturer.
8. Prior performancc at the 0. N. Stevens Water Tr atment Plant
will bc used in evaluating which Contractor or subcontractor
programs the new work for this Project.
9. The Contractor shall produce all filled out programming
blocks required to show the programming as needed and
required, to add these two systems to the existing City
SC11D11 system. Attached is an example of the required
programming blocks which the City requires to be filled in
and given to the City Engineer with all changes made during
the programming phase. The attached sheet is an example and
is not intended to show all of the rcquircd sheets. The
Contractor will provide all programming blocks used.
L. Trenching Requirements
All trenching for this project at the 0. N. Stevens Water Treatment
°' Plant shall be performed using a backhoe or hand digging due to the
number of existing underground obstructions. No treechi
shall be allowed on the project.
ft
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. A_Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the rcquircd 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.
le
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
www
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.
111111 e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
www manufacturers' standard data to provide information unique to this
Project.
MO Section A - SP
(Revised 12/15/04)
ATTACHMENT L
.044 Page 17 of 24
4111
00.
Me
W
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
r 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.
r
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
■
j . Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
■
Engineer's selection.
3. Test and Repair Report
rr
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and all
on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A 37 Amended "Arrangcmeat acid Charge for Water Furninhcd Yy the city" NOT USED
6 15 Arrangement and Chdrgc for Water Furnichc-' by th City, add the following:
"The Contractor must comply with the City of Corpus Christi's Water
includes implementing water conservation measures established for changing
conditions. The City Engineer will pr=..:- -_=• _ - �- _ _
the Project site the censtr- pion."
A-38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors 'B'" are incorporated by reference
in this Special Provision.
A 39 Certificate of Occupancy and Final Acceptance NOT USED
all - .. -- o -- - _ =--.o. _ _ _ . _ __- -_
>Ai*
A-40 Amendment to Section B-8-6: Partial Estimates
MO
General Provisions and Requirements for Municipal Construction Contracts
4,444 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
010 Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 18 of 24
OM
m
On
■
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
■
A-41 Ozone Advisory NOT USED
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:
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
rr 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.
on
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
O supplier or materialman.
A-44 Change Orders
O 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.
0
A-45 As-Built Dimensions and Drawings (7/5/00)
MD
(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-
MO Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 19 of 24
MM
1.
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.
as (4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
Ilr
A 16 Disposal of Highly Chlorinated water (7/5/00) NOT USED
rr
The Contractor shall be responsible for the disposal of water used for
testing, disinfection and line flushing in an approved manner. Contaminants in
the water, particularly high levels of chlorine, will be used for
disinfection, and may exceed the permi,iblc limits for discharge into
wetlands or environmentally sensitive areas. There arc regulated by numerous
agencies such as TNRCC, EPA, etc. It will be the Contractor's responsibility
�,. to comply with the requirements of all regulatory agencies in the disposal of
all water used in the project. The methods of disposal shall be submitted to
es 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
it A-47 Prc-Conotruction Exploratory Excavationa (7/5/00) NOT USED
a' Prior to any construction whatever on the project, Contractor shall excavate
and expose all existing pipelines of the project that eros., within 20 feet of
ru' proposed pipelines of the project and Contractor shall survey the exact
vertical and horizontal location of ach crossing and potentially conflicting
pipeline.
For existing pipelines which parallel and arc within ten feet (10' ) of
proposed pipelines of the project, Contractor shall cxcavatc and expose said
exiting pipclincs at a maximum of 300 feet O.C. and Contractor shall survey
40 the accurate horizontal and vertical locations of said parallel pipclincs at
300 feet maximum O.C.
Contractor shall then prepare a report and submit it to the City for approval
40 indicating the Owner of pipelines excavated and surveyed, as well as the
approximate station thereof, distance to the pavement centerline and
elevations of the top of existing pipclincs.
el Contractor shall perform no construction work on the project until all
4001
report.
M
Exploratory excavations shall be paid for on a lump sum basis. Any pavement
olof repair associated with exploratory excavations shall be paid for according to
OS the established until price of pavement patching. Contractor shall provide all
his own survey work effort (no separate pay) for exploratory excavations.
ste
A-48 Overhead Electrical Wires (7/5/00)
Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 20 of 24
a
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•
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 CP&L and inform CP&L of his
• construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are not.
It shall be the Contractor's sole responsibility to provide for adequate
~ safety with regard to overhead lines whether shown in the plans or not.
A-49 Amended "Maintenance Guaranty" (8/24/00)
r
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:
Yr "Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract. If the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization/remobilization costs. Such costs shall be addressed
through a change order to the contract."
N
- o 0 0 0- -o apt €i-e-s P ra ph B 2 7 Prepay'- = _ zzz -
thc Ccncral Provisions:
Poit The biddcr has thc option of sub-' o - = e. - . - - =- , -
--
1111 will list all bid items (including •any additivc or dcductivc alternates)
containcd on Proposal Shccts (3 THRU 10 OF 13) . If thc Contractor chooses to
06. submit a print out, thc print out shall o- --o••:. - = ==- - -
proposal pagcs 1, 2, 11, 12, and 13. A "sample" print out is shown in
Attachment 1.
In addition, thc print out will conta'
,after thc last bid itcm:
(Contractor) herewith
PP certifies that thc unit prices shown on this print out for bid items
Me Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 21 of 24
UI
IMO
(including any additive or deductive alternates) contained in this proposal
r.
urc thc unit prices and no other Information from this print out.
(Contractor) acknowledges and agrees that thc Total Bid Amount shown will bc
read as Its Total Bid and further agrees that the official Total Bid amount
will bc determined by multiplying thc unit bid price (Column IV) shown in this
print out by thc respective estimated quantities shown in thc Proposal (Column
illy II) and then totaling thc extended amounts.
is
(Signature)
(Title)
(Date) "
A-52 Value Engineering
The Contractor's attention is directed to paragraph B-4-5 Value Engineering
Incentive Procedures, of the General Provisions, which states: "After award of
the contract, the Contractor may develop and submit, to the City Engineer,
OM
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,
1 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, as currently provided.
A 53 Duot Control
surfaces subject to dusting shall be kept moist with water or applications of
a chemical dust suppressant. When practicable, dusty materials in piles or in
transit shall be covered to prevent blowing dust.
A 54 Dcwatcring and Diapo3al
40
This item shall be considered subsidiary to the appropriate bid items where
dewatering is needed to keep the excavation dry, as approved by the Engineer,
0101
and shall include all costs to provide a dry foundation for the proposed
o o - _ .. _ - o _- °-_ _- -
us care is taken to minimize solids and mud entering the pump suction and flow
i. pumped to a location that allows for sheet flow prior to entering a storm
water drainage ditch or storm water inlet. An alternative to sheet flow is to
*
dnated work ar a or by manmade berms prior to entering the storm waw
PP system. Sheet flow and ponding is to allow solids screening and or settling
prior to entering a storm water conduit or inlet.
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Storm water or groundwater shall not be discharged to private property without
o- •• o- . _
06 Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 22 of 24
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44
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into the exi3ting otorm water oy3tem, providcd that the quality of groundwater
i3 cqual to or bcttcr than the rccciving otrczum (Ooo Crcck) . Testing of
groundwater quality is to be performed by City, at the City's cost, prior to
commencing discharge and shall be retested by the City, at the City' s expense,
o 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.
7lnothcr 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
olternativcs or solutions may be approved by the Engineer on a case by case
basis.
Prior to pumping groundwater from the trench to the sanitary sewer system the
Contractor shall contact Tilo Schmidt, Wastewater Pre treatment Coordinator at
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826 1817 to obtain a "no coot" 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
0level shortly after completion, allow to sit over night, record water level
ogain, 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.
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Section A - SP
(Revised 12/15/04)
ATTACHMENT L
Page 23 of 24
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SUBMITTAL TRANSMITTAL FORM
PROJECT:
OWNER: CITY OF CORPUS CHRISTI
■ ENGINEER:
CONTRACTOR:
r' SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
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(Revised 12/15/04)
ATTACHMENT L
evo Page 24 of 24
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RFP NO. 2014-07
AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
la FACILITIES
ATTACHMENT M
GENERAL PROVISIONS
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F, RFP NO. 2014-07
L AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
r ATTACHMENT M
GENERAL PROVISIONS
`r
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
Table of Contents
PAGE
B-1 Definitions and Abbreviations
r B-1-1 Definition of Terms 1
B-1-2 Abbreviations 3
B-2 Proposal Requirements and Conditions
B-2-1 Proposal Forms 4
r B-2-2 Quantities in Proposal Forms 4
. B-2-3 Examination of Plans, Specifications, and Site of the Work4
ini B-2-4 Forms, Plans and Specifications 4
B-2-5 Addenda 4
B-2-6 Pre-Bid Conference 5
B-2-7 Preparation of Proposal 5
r B-2-8 Proposal Guaranty 5
B-2-9 Filing of Proposal 5
r B-2-10 Withdrawing Proposals 5
B-2-11 Cancellation of Bid Opening 6
II B-2-12 Opening Proposals 6
B-2-13 Irregular Proposals 6
L B-2-14 Rejection of Proposals 6
B-2-15 Disqualification of Bidders 6
B-2-16 Disclosure of Interests 6
B-3 Award and Execution of Contract
B-3-1 Consideration of Contract 7
B-3-2 Award of Contract 7
B-3-3 Equal Opportunity Employer Provisions 7
B-3-4 Surety Bonds 8
LB-3-5 Execution of Contract 8
B-3-6 Failure to Execute Contract 8
B-4 Scope of Work
B-4-1 Intent of Plans and Specifications 9
L B-4-2 Subsidiary Work 9
B-4-3 Increased or Decreased Quantities of Work 9
B-4-4 Alteration of Plans and Specifications 10
B-4-5 Value Engineering Incentive Procedures 10
1: B-4-6 Extra Work 11
B-5 Control of the Work and Materials
B-5-1 Authority of the City Engineer 11
B-5-2 Authority of Duty of Engineers or Inspectors 11
r7 B-5-3 Conformity with Plans 11
B-5-4 Existing Structures 11
bl1 B-5-5 Coordination of Plans, Specifications, Proposal
& Special Provision 12
B-5-6 Cooperation of Contractor 12
B-5-7 Construction Staking 12
1 B-5-8 Source of Supply of Materials 13
B-5-9 Samples and Tests of Materials 13
B-5-10 "Or Equal" Clause 13
B-5-11 Storage of Materials 13
la B-5-12 Removal of Defective and Unauthorized Work 13
B-5-13 Final Inspection 14
B-5-14 Warranty Inspection 14
tor
be TABLE OF CONTENTS/PAGE 1 OF 2
tom Attachment M
(rev. Nov/94) Page 1 of 32
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B-6 Legal Relations and Public Responsibility
r B-6-1 Laws to be Observed 14
B-6-2 Permits and Licenses 14
`r. B-6-3 Patented Devices, Materials and Processes 15
B-6-4 Sanitary Provisions 15
r B-6-5 Public Conveniences and Safety 15
L. B-6-6 Privileges of contractor in Streets, Alleys and Right-of-Way16
B-6-7 Railway Crossings 16
B-6-8 Traffic Control Devices 16
r B-6-9 Use of Explosives 16
I. B-6-10 Protection and Restoration of Property 16
B-6-11 Responsibility for Damage Claims 17
B-6-12 Contractor's Claim for Damages 19
r B-6-13 Public Utilities and Other Property to be Changed 19
= B-6-14 Temporary Sewer and Drain Connections 19
1 B-6-15 Arrangement and Charge for Water Furnished by the City 19
B-6-16 Use of fire Hydrants 19
r B-6-17 Use of a Section or Portion of the Work 19
k B-6-18 Separate Contracts 20
`, B-6-19 Contractor's Responsibility for the Work 20
B-6-20 No Waiver of Legal Right 20
B-6-21 Indemnification and Hold Harmless 20
B-6-22 Tax Exemption Provisions 20
lig B-7 Prosecution and Progress
B-7-1 Subletting the Work 21
B-7-2 Assignment of Contract 21
B-7-3 Prosecution of the Work 21
B-7-4 Limitation of Operations 22
B-7-5 Character of Workmen and Equipment 22
B-7-6 Working Hours 22
L B-7-7 Time of Commencement and Completion 22
B-7-8 Extension of Time of Completion 22
B-7-9 Computation of Contract Time for Completion 23
B-7-10 Failure to complete on Time 23
im B-7-11 Suspension by court Order 23
B-7-12 Temporary Suspension 23
B-7-13 Suspension of Work and Annulment of Contract 24
B-7-14 Termination of Contract 25
I: B-7-15 No Intent to Benefit Third Parties
B-8 Measurement and Payment
B-8-1 Measurement of Quantities 25
B-8-2 Unit Price 25
r7 B-8-3 Scope of Payment 25
MI B-8-4 Payment for Extra Work 26
B-8-5 Policy of Extra Work and Change Orders 26
B-8-6 Partial Estimates 27
r" B-8-7 Withholding Payment 27
ill;.
B-8-8 Final Cleanup 2 7
B-8-9 Final Acceptance 28
B-8-10 Final Payment 28
V' B-8-11 Maintenance Guaranty 28
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TABLE OF CONTENTS/PAGE 2 OF
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1 Attachment M
P" Page 2 of 32
(rev. Nov/94)
OS
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BO
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
CITY OF CORPUS CHRISTI, TEXAS
P„ B-1 DEFINITIONS AND ABBREVIATIONS:
�1a
B-1-i Definition of Terms:
Wherever the words, forms or phrases defined herein or pronouns used in their
place occur in these specifications, in the contract, in the bonds, in the
advertisement or any other documents or instrument herein contemplated, or to
which these specifications apply or may apply, the intent and meaning shall be
interpreted as follows:
it
Advertisement: All of the legal publications pertaining to the work
contemplated or under contract.
Bidder: Any person, persons, partnership, company, firm, association,
corporation, or joint venture acting directly or through a duly authorized
representative submitting a proposal for work contemplated.
PeCity: The City of Corpus Christi, Texas, a municipal corporation, acting by
and through (a) its governing body or (b) its City Manager, each of whom is
required by Charter to perform specific duties. Responsibility for final
enforcement of contracts involving the City of Corpus Christi is, by Charter,
vested in the City Manager.
City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly
authorized assistants or agents.
City Council: The Council of the City of Corpus Christi, Texas.
City Engineer: The Head of the Department of Engineering Services of the City
of Corpus Christi, Texas.
City Manager: The Manager of the City of Corpus Christi, Texas.
City Secretary: The City Secretary of the City of Corpus Christi, Texas, or
duly authorized assistants or agents.
Contract: The written agreement covering the performance of the work. The
contract includes the advertisement; proposal; specifications, including special
provisions; plans or working drawings; any supplemental changes or agreements
pertaining to the work or materials therefor, and bonds.
Contract Time: The number of calendar days or working days allowed for
completion of the contract, including any authorized time extensions.
(a) Calendar Day: A calendar day is defined as any day shown on the calendar
1: beginning and ending at midnight.
(b) Working Day: a working day is defined as a calendar day, not including
Sundays or legal holidays, in which the weather or other conditions affecting the
site, not under the control of the Contractor, will in the judgment of the
Engineer permit the performance of some substantial unit of work for a
substantially continuous period of time of not less than six (6) hours between 7
a.m. and 6 p.m., or during such other hours of the day as the Contractor does in
fact work with the permission of the Engineer as elsewhere provided.
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ritEach calendar day, not including Sundays or legal holidays, in which the
Contractor carries on work on some unit of the contract for a period of more than
six (6) hours shall be charged as one (1) working day, regardless of the number
of hours worked in excess of the (6) hour minimum. Saturday will not be charged
as a working day unless work of any type requiring the presence of the Engineer
w is in fact carried on for any period of time during the day.
On Sundays and legal holidays on which, by previous written permission of the
Engineer as elsewhere provided, the Contractor works as much as four hours on
ibt some unit of the contract, two working days shall be charged. If, under such
permission, work is commenced but proceeds less than four hours, one working day
shall be charged. In the determination of the hours above, no deduction shall be
made for lunch time taken.
Contractor: The person, persons, partnership, company, firm, association,
- corporation, or joint venture entering into contract for the execution of the
work, acting directly or through a duly authorized representative.
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Engineer: Assistants, agents, engineers, inspectors, or superintendents duly
authorized by the City Engineer and acting within the scope of the particular
duties entrusted to them.
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General Provisions: This Section B of the specifications.
Holidays: The terms regular holidays and legal holidays, for the purposes of
charging working days, control of working days and hours, and wages of employees,
shall include the following:
January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days
Memorial Day Labor Day Christmas Day
Yrr
Maintenance Guaranty: The approved form of security furnished by the
Contractor and his surety as a guarantee that he will maintain the work
[: constructed by him in good condition for the period of time required. This shall
be in accordance with the provisions of the specifications and may be made a part
of the Performance Bond.
Payment Bond: The approved form of security furnished by the contractor and
his surety for the use and benefit of the City as a guarantee for the protection
of all claimants supplying labor and/or material in the prosecution of the work
provided for in this contract.
1: Performance Bond: The approved form of security furnished by the contractor
and his surety for the use and benefit of the City as a guarantee of good faith
on the part of the Contractor to execute the work in strict accordance with the
plans, specifications, and terms of the contract, and that the Contractor will
54maintain the work constructed by him in good condition for the period of one year
MI
or such other period of time as may be specially provided.
VO Plan or Plans: All the drawings pertaining to the contract and made a part
thereof, including such supplemental drawings or addenda as the City Engineer may
MD
issue in order to clarify other drawings or for the purpose of showing changes in
the work hereinafter authorized, or for showing details not shown thereon.
Proposal: The written statement or statements duly filed with the City Secretary
of the person, persons, partnership, company, firm, association, corporation, or
joint venture proposing to do the work contemplated, including the approved form
on which the formal bids for the work are to be prepared.
WI Proposal Guaranty: The bid security designated in the advertisement and
proposal to be furnished by each bidder as a guarantee of good faith to enter
into a contract with the City and execute the required bonds for the work
contemplated after the work is awarded him.
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Attachment M
Page 4 of 32
Page 4 of 32
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Special Provisions: The special clauses setting forth conditions or
Ir► requirements peculiar to the specific project involved, supplementing the
standard specifications, and taking precedence over any conditions or
requirements of the standard specifications with which they are in conflict.
Iva Specifications: The directions, provisions, and requirements contained herein,
together with the special provisions supplemental hereto, pertaining to the
V. method and manner of performing the work or to the qualities or quantities of the
material to be furnished under the contract.
Sureties: The corporate bodies which are bound by such bonds as are required
with and for the Contractor.
The Work: All work, including the furnishing of labor, materials, tools,
equipment, and incidentals, to be performed by the Contractor under the terms of
the contract.
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Attachment M
Page 5 of 32
Page 5 of 32
1:
E: B-1-2 Abbreviations:
Wherever the abbreviations defined herein occur on the plans, in the
specifications, contract, bonds, advertisement, proposal, or in any other
document or instrument herein contemplated or to which the specifications apply
or may apply, the intent and meaning shall be as follows:
[a
A.A.S.H.T American Association of H.S. Horseshoe
.0. State Highway and In. or Inches
Transportation Officials Lb. or # Pound
Ac. Acre L.F. Linear Foot
Ca A.C. Asbestos Cement Lin. Linear
A.C.I. American Concrete L.S. Lump Sum
A.N.S.I. Institute Max. Maximum
Asph. American National M.H. Manhole
Ews A.S.T.M. Standards Institute Min. Minimum
Ave. Asphalt Mono. Monolithic
A.W.P.A. American Society for M.U.T.C. Manual of
A.W.S. Testing Materials D. Uniform
r A.W.W.A. Avenue Traffic
Blvd. American Wood Preservers Control
km C.F. Association N. Devices
C.I. American Welding Society No. North
!: C.L. American Water Works % Number
C.M.P. Association P.L. Percent
C.O. Boulevard Prop. Property Line
Conc. Cubic Foot P.V.C. Proposed or
Cond. Cast Iron R. Property
I: Corr. Center Line R.C.P. Poly Vinyl
C.P.& L. Corrugated Metal Pipe Reinf. Chloride
Cu. Cleanout Rem. Radius
Culv. Concrete Rep. Reinforced
C.Y. Conduit R.R. Concrete Pipe
LD.I. Corrugated R/W or Reinforced
Dia. Central Power & Light ROW Remove
Dr. or Company S. Replace
rt Dwy Cubic San. Railroad
E. Culvert S.F. Right-of-Way
Ea. Cubic Yard Sq. South
Elev. Ductile Iron St. Sanitary
I: Exist. Diameter Std. Square Foot
F. Drive or Driveway S.Y. Square
F.L. East T.C. Street or Storm
Ft. or ' Each Tel. Standard
rs Gal. Elevation V.F. Square yard
ii G.L. Existing W. Top of Curb
G.P.M. Fahrenheit W.U.T. Telephone
H.N.G. Flow Line Yd. Vertical Foot
:: Feet West
Gallon Western Union
Gutter Line Telegraph
Gallons per Minute Yard
roo Houston Natural Gas Co.
ft
Metrics:
cm Centimeter m Meter
' gm Gram mgm Milligram
01 kgm Kilogram mm Millimeter
km Kilometer
Other abbreviations that may appear shall have the meaning customarily intended
in such usage, circumstances, and context.
illi
Attachment M
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" 6 of 32
PagePage 6 of 32
MIL
L
E: B-2 PROPOSAL REQUIREMENTS AND CONDITIONS:
B-2-1 Proposal Form:
The City will furnish bidders with propoaal forms which state the general
ha location and description of the contemplated work, and which will contain an
itemized list of items of work to be done or materials to be furnished, and upon
r which bid prices are asked. The proposal form will provide for the amount of
iproposal guaranty, the contract time, and the acknowledgement of addenda
6 received.
p B-2-2 Quantities in Proposal Form:
t.
6. The quantities of the work and materials set forth in the proposal form or on
the plans approximately represent the work to be performed and materials to be
furnished and are for the purpose of comparing the bids on a uniform basis.
[ Payment will be made by the City to the Contractor only for the actual quantities
is of work performed or materials furnished in accordance with the plans and
specifications, and it is understood that the quantities may be increased or
decreased as hereinafter provided without in any way invalidating the bid price.
Mc B-2-3 Examination of Plans, Specifications, and Site of the Work:
Bidders are advised that the plans and specifications and other documents on
file with the City Engineer shall constitute all of the information which the
ire City will furnish. Bidders are required, prior to submitting any proposal, to
read the specifications, proposal, contract, and bond forms carefully; to visit
the site of the work; to examine carefully local conditions, soil and water
L. conditions to be encountered, improvements to be protected, disposal sites for
surplus materials not designated to be salvaged materials, methods of providing
ingress or egress to private properties, and methods of handling traffic; to
inform themselves, by their independent research, tests, and investigation, of
the difficulties to be encountered and judge for themselves of the accessibility
i1r of the work and all attending circumstances affecting the cost of doing the work
or time required for its completion; and obtain all information required to make
t an intelligent proposal. No information given by the City or any official
INI thereof, other than that shown on the plans and contained in the specifications,
proposal, and other documents, shall be binding upon the City. Bidders shall
rely exclusively upon their own estimates, investigations, tests, and other data
which are necessary for full and complete information upon which the proposal may
be based. It is mutually agreed that submission of a proposal is evidence that
the bidder has made the examinations, investigations, and tests required herein.
B-2-4 Forms, Plans and Specifications:
ii
il Unless otherwise specified in the Notice to Bidders and Special Provisions,
forms of proposal, contract and bonds and plans and specifications may be
obtained at the offices of the City Engineer in the City Hall upon making a Plans
Deposit as designated, which sum so deposited will be refunded provided the
prospective bidder returns all documents, except proposal form if bidding, to the
offices of the City Engineer within two (2) weeks from and after the time and
date of receiving proposals. If the prospective bidder does not comply with this
requirement, the sum of the Plans Deposit shall become the property of the City
of Corpus Christi, Texas.
B-2-5 Addenda:
re
ft Addenda to the plans and specifications, which are formal written notices of
additions, deletions, modifications, or explanations of contract documents from
the City to prospective bidders in advance of the bid date, may be issued by the
City Engineer. Such addenda will be mailed immediately to the address designated
ir by prospective bidders taking out plans, specifications, and proposal forms.
PPPAttachment M
Page 7 of 321. Page 7 of 32
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B-2-6 Pre-Bid Conference:
Any prospective bidder may request a pre-bid conference to discuss the plans,
r- specifications, and proposal. If such a conference is requested, it will be held
approximately one week prior to the bid opening. Each prospective bidder who has
furnished the Plans Deposit required by the Notice to Bidders will be notified of
the date, time, and location of the pre-bid conference. Any clarification to the
contract documents deemed necessary as a result of the pre-bid conference will be
L. made by written addenda.
B-2-7 Preparation of Proposal:
Q
The bidder shall submit his proposal on the forms furnished by the City. All
blank spaces in the forms shall be correctly filled in, and the bidder shall
state the prices, written in ink, for which he proposes to do the work
contemplated or furnish the material required; the unit prices shall be written
both in words and numerals. Such prices shall be written distinctly legible. In
case of discrepancy between the unit price written in words and the unit price
written in figures, the unit price written in words shall govern. The unit price
shall govern over the amount. If the proposal is submitted by an individual, his
name must be signed by him or his duly authorized agent. If the proposal is
submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm,
association, or partnership, or person duly authorized. If the proposal is
submitted by a company or corporation, the company or corporate name and business
address must be given and the proposal signed by an official or duly authorized
agent. Proposals submitted by a joint venture shall list all participants and
p their addresses. Powers of attorney, authorizing agents or others to sign
Ito proposals, must be properly certified and must be in writing and submitted with
the proposal.
B-2-8 Proposal Guaranty:
No proposal will be considered unless accompanied by an individual bid security
(bond) for the project in the amount of five percent (5%) of the highest amount
bid. Such bid security shall be issued by a firm licensed for issuance in the
State of Texas. A cashier's check, certified check, money order, or bank draft
from any state or national bank will also be acceptable. The security shall be
deemed a good faith offer on the part of the bidder to accept a contract, if
awarded. In the event the successful bidder declines to accept such award or
cannot provide the required bonds and insurance certificates within ten (10)
calendar days of the award of the contract, then the amount of the bid security
will become the property of the City, not as penalty but as liquidated damages.
MI
The bid securities of the unsuccessful bidders may be released within forty-
MO eight (48) hours of the time bids are received. The bid security of the
successful bidder will be released upon execution of the contract documents and
submission of the required bonds and certificates.
B-2-9 Filing of Proposal:
No proposal will be considered unless it is filed with the City Secretary's
office in the City Hall, Corpus Christi, Texas, within the time limit for
1111 receiving proposals as stated in the advertisement. Each proposal shall be in a
sealed envelope, plainly marked with the word "PROPOSAL" and the name and
ono description of the project as designated in the "ADVERTISEMENT".
NM B-2-10 Withdrawing Proposals:
Proposals filed with the City Secretary cannot be withdrawn or modified prior
to the time set for opening proposals. Request for non-consideration of
ir proposals must be made in writing addressed to the City Engineer and filed with
Page 8 of 32
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111
the City Secretary prior to the time set opening proposals. After other
iht proposals are opened and publicly read, the proposal for which withdrawal is
properly requested may be returned unopened.
B-2-11 Cancellation of Bid Opening:
The City may, at any time, before any bids are actually opened, cancel the
opening of the bids and return all bids unopened.
B-2-12 Opening Proposals:
The proposals filed with the City Secretary will be opened at the time stated
in the advertisement and publicly read aloud and shall thereafter remain on file
C: with the City. No contract will be entered into based upon such proposals until
after forty-eight (48) hours shall have elapsed. Proposals not accompanied by
the required proposal guaranty will not be read.
r
B-2-13 Irregular Proposals:
am
Proposals will be considered irregular if they show any omissions, failure to
properly account for duly issued addenda, alterations of form, additions,
lw conditions not called for, unauthorized alternate bids or irregularities or
qualifications of any kind. However, the City reserves the right to waive any
irregularities and to make the award in the best interest of the City.
B-2-14 Rejection of Proposals:
his
The City reserves the right to reject any or all proposals, and all proposals
submitted are subject to this reservation. Proposals containing any
irregularities or showing an unbalanced value of any items may be rejected.
Proposals will be rejected for any of the following specific reasons:
wry (a) Proposal received after the time limit for receiving proposals as
stated in the advertisement.
(b) Proposal submitted without the required bid security.
(c) Proposal submitted and not sealed and/or identifiable to a particular
project.
B-2-15 Disqualification of Bidders:
Bidders may be disqualified and their proposals not considered for any of the
following specific reasons:
(a) Reason for believing collusion exists among the bidders.
(b) Reasonable grounds for believing that any bidder is interested in more
,tkY than one proposal for the work contemplated.
(c) The bidder being interested in any litigation against the City.
kig (d) The bidder being in arrears on any existing contract, having defaulted
MN on previous contracts, or being delinquent in the payment of City
taxes.
z; (e) Uncompleted work which, in the judgment of the City, will prevent or
hinder the prompt completion of additional work if awarded.
(f) Previous experience investigation reveals poor, incomplete,
unacceptable, or inferior work performance and prosecution and lack of
fiscal responsibility in paying for services, labor, or products
rendered on such previous work.
Attachment M
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B-2-16 Disclosure of Interests:
All entities desiring to do business with the City of Corpus Christi are
required to provide a Disclosure of Interests. The required form is included as
a part of the proposal. Prospective bidders may submit the form with their
[to proposal. The successful bidder shall be required to submit the form within
seven (7) calendar days of the receipt of bids. The City also reserves the right
to require similar statements from all material suppliers and subcontractors of
the successful bidder.
B-3 AWARD AND EXECUTION OF CONTRACT:
B-3-1 Consideration of Contract:
After proposals are opened, the proposals will be tabulated for comparison on
the basis of the bid prices and quantities shown in the proposal. Until final
award of the contract, the City reserves the right to reject any or all proposals
or proceed to do the work otherwise in the best interest of the City.
B-3-2 Award of Contract:
r
The City reserves the right to withhold the award of the contract for a
reasonable period of time from date of opening proposals, and no award will be
made until after investigations are made as to the responsibilities of the low
bidder. In the City's considering of an award, the bidder may be requested to
it submit statements regarding previous experience in performing comparable or
similar work, his business or technical organization and equipment to help the
City evaluate the bidder's abilities. The basis for an award will be determined
by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to
hr the City and not necessarily the lowest bidder. In no case will a contract be
awarded until at least forty-eight (48) hours shall have elapsed from the time of
opening proposals.
B-3-3 Equal Opportunity Employer Provisions:
Every Contractor must agree that during the performance of his contract he
will:
MI
(1) Treat all applicants and employees without discrimination as to race,
color, religion, sex, or national origin.
(2) Identify himself as an equal opportunity employer in all help wanted
advertising or requests.
The Contractor is hereby advised that any complaints filed with the City
rrr alleging that a Contractor is not an equal opportunity employer during the six
months preceding the date of receipt of bids will be referred to the Human
Relations Commission through its Human Relations Administrator for the purpose of
review and recommendations. The report of the Human Relations Commission will be
transmitted to the City Engineer who will include a summary of such report with
any future bid award recommendations for which the Contractor is a bidder and
MI bring to the attention of the City Council any such report received prior to the
issuance of a work order to any such Contractor. A copy of this report shall be
sent to the Contractor. The Human Relations Administrator will follow up any
such report and bring to the attention of the Commission any further action by
MO the Contractor which would include that the findings of the Commission should be
modified. Any such modified findings of the Commission will be delivered to the
rro City Engineer with a copy to the Contractor and be included in any future bid
award recommendations.
imi
Attachment M
Page 10 of 32
Page 10 of 32
(AM
The City Council reserves the right to consider such reports in determining the
best bid and to terminate, on the basis of such report, any portion of a contract
for which a work order has not been issued. However, the Contractor is
specifically advised that no equal opportunity employment complaint will be the
basis for cancellation of any contract for which a work order has been issued.
B-3-4 Surety Bonds:
With the execution and delivery of the contract, the Contractor shall furnish
and file with the City, in the amounts herein required, the following surety
bonds:
(a) Performance Bond: A good and sufficient bond in an amount equal to one
hundred percent (100%) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
faithful execution of the work and performance of the contract, and for the
L. protection of the City and all other persons against damage by reason of
negligence of the Contractor, or improper execution of the work, or the use of
inferior materials. This bond shall provide for the repair and maintenance of
all defects due to faulty materials, faulty combinations of materials, and/or
faulty workmanship that appear within a period of one year from the date of
completion and acceptance of the improvement by the City, or such lesser or
greater period as may be designated in the Special Provisions. A Performance
Bond will not be required if the contract amount does not exceed $25,000.00.
Mr
(b) Payment Bond: A good and sufficient bond in an amount equal to one
hundred percent (100%) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
11. proper protection of all claimants supplying labor and/or material in the
prosecution of the work provided for in said contract and for the use of each
such claimant. A Payment Bond will not be required if the contract amount does
not exceed $25,000.00.
(c) Other Bonds: Other bonds, if required in the Special Provisions.
No surety will be accepted by the City who is now in default or delinquent on
any bonds or who is interested in any litigation against the City. All bonds
■r shall be issued by an approved surety company authorized to do business in the
State of Texas and acceptable to the City, and the surety shall designate an
P► agent who is a resident of Nueces County, Texas. Each bond shall be executed by
the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given the Contractor to that effect, and the Contractor
shall immediately provide a new surety satisfactory to the City. No payment will
be made under the contract until the new surety, or sureties as required, has
qualified and been accepted by the City. The contract shall not be operative nor
will any payments be due or paid until approval of the bonds has been made by the
City.
1Y
The City requires that the Power of Attorney submitted with any surety bond
emo (Performance, Payment, etc. ) be signed with an original signature and properly
dated and sealed. In the event a facsimile Power of Attorney is used, the City
MO must have on file a sworn statement from an officer of the surety company to the
effect that the agent who signs the bond form for the surety is currently in good
standing with the surety. It is also required that the facsimile be a true copy
of the original Power of Attorney on file among the records of the surety in its
Mi home office, not be amended or abridge, still be in full force and effect, and
that the City will be notified in the event of cancellation of the particular
agent.
B-3-5 Execution of Contract: Attachment M
Page 11 of 32
Page 11 of 32
rti
The person or persons, partnership, company, firm, association, corporation, or
joint venture to whom a contract is awarded shall, within ten (10) calendar days
after such award and after the Contractor has been requested to execute the
documents, sign the required contract, furnish the required insurance
certificates, and execute the required bonds. No contract shall be binding on
the City until it has been attested by the City Secretary, approved as to form by
the City Attorney, executed for the City by the City Manager, and delivered to
the Contractor.
E. B-3-6 Failure to Execute Contract:
The failure of the bidder to execute the required bonds, furnish the required
insurance certificates, and sign the required contract within ten (10) calendar
days after the contract is awarded and the Contractor has been requested to
execute the documents shall be considered by the City as an abandonment of his
proposal, and the City may annul the award. By reason of the uncertainty of the
market prices of materials and labor and its being impracticable and difficult to
determine accurately the amount of damages accruing the City by reason of the
said bidder's failure to execute said bonds and contract within ten (10) calendar
days, the proposal guaranty accompanying the proposal shall be the agreed amount
of damages which the City will suffer by reason of such failure on part of the
¢fir bidder and shall thereupon immediately be forfeited to the City. The filing of a
proposal will be considered an acceptance of this provision.
B-4 SCOPE OF WORK:
B-4-1 Intent of Plans and Specifications:
The intent of the plans and specifications is to prescribe a complete work or
improvement which the Contractor undertakes to do in full compliance with the
plans, specifications, special provisions, proposal, and contract. The
Contractor shall do all work as provided in the plans, specifications, special
provisions, proposal and contract, and shall do such additional extra work as may
be considered necessary to complete the work in a satisfactory and acceptable
kir
manner. The Contractor shall furnish all labor, tools, material, machinery,
equipment and incidentals necessary for the prosecution of the work.
I
B-4-2 Subsidiary Work:
In the course of furnishing or constructing a complete work or improvement,
certain work may be necessary which is subsidiary to the items which are
established as pay items. Some such subsidiary work may be shown and specified
in detail in the plans and specifications, other work may be less completely
shown, and other such work which is entirely necessary for the satisfactory
completion of the work as a whole may not be noted on the plans or in the
specifications. It shall be the duty of the Contractor to carry out all such
Nil
subsidiary work as if fully shown, and the cost of such work shall be made
subsidiary to the established pay item.
B-4-3 Increased or Decreased Quantities of Work:
(a) The City reserves the right to alter the quantities of the work to be
performed or to extend or shorten the improvements at any time when and as found
necessary, and the Contractor shall perform the work as altered. No allowance
will be made for any change in anticipated profits not shall such changes be
considered as waiving or invalidating any conditions or provisions of the
^* contract or bonds.
ail (b) A Major Item as used in this Section shall be construed to be any
individual bit item included in the proposal that has a total cost equal to or
greater than five percent (5%) of the total contract cost computed on the basis
of the proposal quantities and the contract unit prices.
rill
Attachment M
Page 12 of 32
Page 12 of 32
h
(c) When the quantity of work to be done or of materials to be furnished under
any Major Item of the contract is more than one hundred twenty-five (125%) of the
Is quantity of that unit stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on that portion of the
work above one hundred twenty-five percent (125%) of the quantity stated in the
proposal.
(d) When the quantity of work done or materials to be furnished under any Major
Item of the contract is less than seventy-five percent (75%) of the quantity of
that item stated in the proposal, then either party to the contract, upon demand,
shall be entitled to revised consideration on the work performed.
(e) Any revised consideration is to be determined by special agreement or as
is hereinafter provided under "Payment for Extra Work".
V
B-4-4 Alteration of Plans and Specifications:
The City reserves the right to make such changes in the plans and
ir. specifications and in the character of the work as may be necessary or desirable
to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general
nature of the work as a whole. Such changes shall not be considered as waiving or
ha invalidating any condition or provision of the contract and bonds.
B-4-5 Value Engineering Incentive Procedures:
�Yr After the award of the contract, the Contractor may develop and submit, to the
City Engineer, Value Engineering Change Proposals (VECP's) identifying potential
reductions in the contract cost by effective changes to the contract plans and
specifications. Any VECP submittal shall include the following:
(1) The present contract requirement and description of the proposal change
including any modifications to the plans and specifications.
(2) The comparative advantages and disadvantages of both the present
requirement and the proposed change.
(3) An analysis of how the proposed change will alter the function,
characteristics and/or performance of a component.
(4) A separate detailed cost estimate comparing the cost of the existing
requirement and the cost of the proposed change including any costs which might
be incurred in testing or evaluation of the proposed change.
(5) A comparative projection of the operational and maintenance costs of the
91.
existing requirement and the proposed change.
(6) A projection of the latest date which the VECP can be incorporated into the
contract to achieve maximum cost savings. Any effect upon completion time or
rm delivery schedule should also be noted.
The City Engineer shall notify the Contractor of the status of the VECP within
thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City
Engineer shall be final. If the VECP is not accepted, written notification will
be provided detailing the reasons for rejection. Any VECP may be accepted in
whole or in part.
Execution by both parties of a change order to the contract covering the
wil proposed changes shall constitute approval of the VECP and authorization to
proceed with the changes. Until such time as the change order is executed, the
Contractor shall perform in accordance with the provisions of the existing
e contract.
Attachment M
Page 13 of 32
r` Page 13 of 32
Illi
r
Mi
r
L
F
iiu
The Contractor's share of the savings resulting from approval of the VECP shall
be fifty percent (50%) of the net cost savings calculated as follows:
hoe Contractor's Share = .50 (existing contract requirement cost -proposed change
costs - testing and evaluation costs incurred by the City or Contractor) .
This savings will be reflected on the change order approving the VECP and
�• authorizing the change. Deletion of contract work or construction items and
changes initiated by the City will not be considered as VECP's. In those
instances, the City will realize 100% of the contract reduction or cost
savings.
Y.
B-4-6 Extra Work:
When additional work not shown in the plans and specifications or reasonably
inferred as subsidiary work or as normal adaptation to existing conditions is
required, the Contractor shall do such work when ordered in writing by the
Engineer. Payment for such extra work will be made as hereinafter provided.
B-5 CONTROL OF THE WORK AND MATERIALS:
B-5-1 Authority of the City Engineer:
kr All work shall be performed under the supervision of the City Engineer in a
workmanlike manner and to his satisfaction. He shall decide all questions which
r= arise as to the quality and acceptability of materials furnished, work performed,
its manner of performance, rate of progress of the work, sequence of the
construction, interpretation of the plans and specifications, acceptable
fulfillment of the contract, compensation, mutual rights between Contractors
under these specifications and suspension of the work. He shall determine the
amount and quality of the work performed and materials furnished, and his
decisions and estimates shall be final. His estimate in such event shall be a
condition precedent to the right of the Contractor to receive money due him under
the contract.
B-5-2 Authority and Duty of Engineers or Inspectors:
The City Engineer may appoint Engineers and/or Inspectors as assistants to
inspect all work done and material furnished. Such inspection may extend to all
6 or any part of the work and to the preparation, fabrication or manufacture of the
materials to be used. The Engineer or Inspector will not be authorized to
revoke, alter, expand, relax, or waive any requirements of the contract
documents. The Engineer or Inspector will keep a record of the progress of the
work and the manner in which it is being performed and inform the City Engineer
of same. He is authorized to call to the attention of the Contractor any
deficiency of the work or of materials to conform to the contract documents;
however, failure to do so shall not constitute acceptance of said work. The
Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed was in accordance with the
requirements and intent of the plans and specifications.
The Engineer or Inspector shall in no case act as foreman or supervisor or
perform other duties for the Contractor nor interfere with the management of the
work by the latter. Any advice which the Engineer or Inspector may give the
Contractor shall in no way be construed as binding to the City or release the
Contractor from fulfilling all the terms of the contract.
The Engineer or Inspector shall have the authority to reject materials or
suspend the work until any questions at issue can be referred to and decided by
the City Engineer. If the Contractor refuses to suspend operations on verbal
order, the Engineer or Inspector shall issue a written order giving the reason
Page 14 of 32 Attachment M
Page 14 of 32
!l"
a
6
for suspending the work. After delivering the order to the person in charge, the
Engineer or Inspector shall immediately leave the job site. Work done during the
6' absence of the Engineer or Inspector under these circumstances will not be
accepted or paid for.
e
B-5-3 Conformity with Plans:
L.
All work shall conform to the lines, grades, cross-sections, and dimensions
shown on the plans. Any deviation from the plans which may be required by the
exigencies of construction will be determined by the City Engineer and authorized
log by him in writing.
r
B-5-4 Existing Structures:
6.1
The plans show the location of all known surface and subsurface structures.
However, the location of many gas mains, water mains, conduits, sewers, etc. is
unknown, and the City assumes no responsibility for failure to shown any or all
of these structures on the plans or to show them in their exact location. It is
mutually agreed such failure will not be considered sufficient basis for claims
for additional compensation for extra work in any manner whatsoever unless the
obstruction encountered is such as to necessitate substantial changes in the
it lines or grades or requires the building of special work for which no provision
is made in the plans and which is not essentially subsidiary to some item of work
for which provision is made. It is assumed that, as elsewhere provided, the
Contractor has thoroughly inspected the site, is informed as to the correct
Lw location of surface structures, has included the cost of such incidental work in
the prices bid, and has considered and allowed for all foreseeable incidental
work due to variable subsurface conditions, whether such conditions and such work
y are fully and properly described on the plans or not. Minor changes and
variations of the work specified and shown on the plans shall be expected by the
Contractor and allowed for as incidental to the satisfactory completion of a
whole and functioning work or improvement.
B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions:
The plans, general provisions, proposal, special provisions, standard
specifications and all supplemental documents are intended to describe a complete
work and are essential parts of the contract. A requirement occurring in any of
them is binding. In case of discrepancies, figured dimensions shall govern over
scale dimensions; plans shall govern over specifications; special provisions
shall govern over both general and standard specifications; and plans and
quantities shown on the plans shall govern over those shown in the proposal. The
Contractor shall not take advantage of any apparent error or omission in the
plans and specifications, and the City Engineer shall be permitted to make such
corrections or interpretations as may be deemed necessary for the fulfillment of
the intent of the plans and specifications. In the event the Contractor discovers
an apparent error or discrepancy, he shall immediately call this to the attention
of the Engineer.
r.
al B-5-6 Cooperation of Contractor:
The Contractor will be supplied with three (3) copies of the plans and
Iflo
specifications. The Contractor shall have available on the work at all times one
copy of said plans and specifications. The Contractor shall give to the work the
consistent attention necessary to facilitate the progress thereof, and he shall
cooperate with the City Engineer, his authorized representatives, and with other
014 contractors in every way possible. The Contractor shall provide a competent
Li superintendent on the work at all times who is fully authorized as his agent on
the work. Such superintendent shall be capable of reading and understanding the
plans and specifications and shall receive and fulfill instructions from the City
Engineer or his authorized representatives. The Contractor shall provide all
YM facilities to enable the Engineer or Inspector to inspect the workmanship and
materials entering into the work. On marine work, the Contractor shall furnish
Page 15 of 32 Attachment M
111 Page 15 of 32
!1*
MO
motorboat transportation as required by the Engineer for the purpose of
inspecting the work.
The superintendent shall keep the City Engineer or his representative informed of
the work he is planning to do and the work schedule.
B-5-7 Construction Staking:
The Engineer will furnish the Contractor with lines, grades, and measurements
necessary for the proper prosecution and control of the work contracted for under
these specifications. Such stakes or markings as the Engineer may establish
either for his own use or the Contractor's guidance shall be preserved by the
Contractor until authorized by the Engineer to remove same. Unnecessary
r destruction of stakes shall not be allowed by the Contractor. The Contractor
k shall be bound to examine the stakes set and check the lines and grades thus set
ire against the plans and profiles, and shall be accountable particularly that
gutters, structures, and pipes which drain in a certain direction on the plans
do so drain when constructed.
B-5-8 Source of Supply of Materials:
The materials shall be the best procurable as required by the plans,
specifications, and special provisions. The Contractor shall not start delivery
he of materials until the Engineer has approved the source of supply. Only material
conforming to these specifications shall be used, only after written approval has
been given by the Engineer, and only so long as the quality of said materials
remains equal to the requirements of the specifications. The Contractor shall
L. furnish approved materials from other sources if for any reason the product from
any source at any time before commencement or during the prosecution of the work
proves unacceptable. After approval, any material which has become mixed with or
coated with dirt or any other foreign substances during its delivery and handling
will not be permitted to be used in the work. New material is required unless
otherwise specially provided in the plans and specifications.
B-5-9 Samples and Tests of Materials:
Where, in the opinion of the Engineer or as called for in the specifications,
tests of material are necessary, such tests will be made at the expense of the
City unless otherwise provided. The failure of the City to make any tests of
materials shall in no way relieve the Contractor of his responsibility of
furnishing materials conforming to the specifications. Tests, unless otherwise
specified, will be made in accordance with the latest methods of the American
Society for Testing Materials. The Contractor shall provide such facilities as
the Engineer may require for collecting and forwarding samples and shall not use
the materials represented by the samples until tests have been made. The
Contractor shall furnish adequate samples without charge.
B-5-10 "Or Equal" Clause:
All bids shall be based on the specified products. Where two or more products
are specified for an item of work, either one thereof is acceptable and the
MI choice is left to the Contractor. Where only one product is specified, and where
the term "or approved equal" or similar wording is used in connection with
specified products, the Contractor may, if he so desires, offer for consideration
a substitute product which he judges to be equal in every respect to the required
product. When a specific process is specified as well as a guarantee of the
results, the Contractor shall, if in his judgment the process may not produce the
required result, offer for approval an alternative process which he would
PR
guarantee. All such offers shall be made in writing to the Engineer after award
of contract.
The Contractor shall furnish to the Engineer with the first submittal
rm sufficient drawings, specifications, samples, performance data, and other
information necessary to assist the Engineer in determining whether the proposed
substitution is acceptable. The burden of proof shall be upon the Contractor.
Page 16 of 32
Attachment M
Page 16 of 32
r
a
No consideration will be given to incomplete submittals. Substitutions must be
approved in writing before they may be used.
r
B-5-11 Storage of Materials:
R.
Materials shall be stored so as to insure the preservation of their quality and
fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard, clean surfaces and not on the ground, and shall
be placed under cover when directed. Stored materials shall be placed and
located so as to facilitate prompt inspection. Particular attention is directed
re to the storage or structural steel and reinforcing steel, which shall not be
stored on the ground.
r
B-5-12 Removal of Defective and Unauthorized Work:
it
All work which has been rejected or condemned shall be repaired, or if it
v cannot be repaired satisfactorily, it shall be removed and replaced at the
Contractor's expense. Defective materials shall be immediately remove from the
site of the work. Work done without line and grade having been given, work done
beyond the lines or not in conformity with the grades shown on the plans or as
F given, save as herein provided, work done without proper inspection, or any extra
or unclassified work done without written authority and prior agreement in
Mr writing as to prices shall be done at the Contractor's risk and will be
considered unauthorized and, at the option of the Engineer, may not be measured
and paid for and may be ordered removed at the Contractor's expense. Upon
failure of the Contractor to repair satisfactorily or to remove and replace
rejected, unauthorized, or condemned work or materials immediately after
receiving notice from the Engineer, the Engineer will, after giving written
notice to the Contractor, have the authority to cause defective work to be
E: remedied or removed and replaced or to cause unauthorized work to be removed, and
to deduct the cost thereof from any monies due or to become due the Contractor.
B-5-13 Final Inspection:
The Engineer will make final inspection of all work included in the contract as
soon as practicable after the work is completed and ready for acceptance. If the
work is not acceptable to the Engineer at the time of such inspection, he will
inform the Contractor as to the particular defects to be remedied before final
acceptance will be made. Previous inspection by the Engineer or his
representatives during the course of the work shall not be interpreted as
approval or acceptance of work or materials which on final inspection are found
!: to be defective or note in accordance with the contract and its duly authorized
modifications.
B-5-14 Warranty Inspection:
Forty-five (45) to sixty (60) days prior to the expiration of the maintenance
guaranty period as specified in the contract documents, a warranty inspection
will be made. The Contractor may be notified when this examination will be made
so that he or his representatives may be present.
a
Within the maintenance guaranty period, the Contractor when ordered by the
Engineer, shall repair, replace or rebuild such portions which are found to be
faulty because of materials or workmanship. The Contractor shall begin the
W remedial work within ten (10) calendar days of written order by the Engineer. In
case the Contractor does not start remedial work within the above time limit, or
in case of an emergency condition caused by faulty work, the City may take
remedial action and charge the cost thereof against the Contractor and/or his
surety.
r
Attachment M
Page 17 of 32
Page 17 of 32
Ilr
B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY:
P" B-6-1 Laws to be Observed:
The Contractor shall at all times observe and comply with all Federal and State
Laws and City ordinances and regulations which in any manner affect the conduct
of the work and shall observe and comply with all orders, laws, ordinances and
regulations which exist or which may be enacted later by bodies having
jurisdiction or authority for such enactment. No pleas of misunderstanding or
ignorance thereof will be considered. The Contractor and his surety shall
!" indemnify and save harmless the City and all its officials, agents, and employees
against any claims or liability arising from or based on the violation of any
such law, ordinance, regulation or order, whether by himself or his employees.
B-6-2 Permits and Licenses:
w' The Contractor shall procure all legally required building, plumbing,
electrical and other permits and licenses, pay all charges and fees (except City
R fees) , give all notices necessary and incidental to the due and lawful
prosecution of the work, and arrange for all building, plumbing, electrical or
ism other inspections as appropriate.
B-6-3 Patented Devices, Materials and Processes:
If the Contractor is required or desires to use any design, device, material or
process covered by letters, patent or copyright, he shall provide for such use by
suitable legal agreement with the patentee or owner. It is mutually agreed and
understood that, without exception, contract prices shall include all royalties
or costs arising from patents, trademarks and copyrights in any way involved in
the work. The Contractor and his sureties shall indemnify and save harmless the
r City from any and all claims for infringement by reason of the use of any such
patented design, device, material or process or any trademark or copyright in
he connection with the work agreed to be performed under this contract and shall
indemnify the City for any cost, expense, or damage which it may be obliged to
pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
B-6-4 Sanitary Provisions:
The Contractor shall establish and enforce among his employees such regulations
in regard to cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infection or contagious diseases and to
prevent effectively the creation of a nuisance about the work or any property
either public or private, and such regulations as are required by the Engineer
shall be put into immediate force and effect by the Contractor. The necessary
sanitary conveniences for the use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as will be approved by the Engineer, and their use
shall be strictly enforced by the Contractor. All sanitary laws and regulations
of the State of Texas and the City of Corpus Christi shall be strictly complied
with.
B-6-5 Public Convenience and Safety:
19/ Materials stored about the work shall be so placed and the work shall at all
times be so conducted as to cause no greater obstruction to the traveling public
6 than is considered necessary by the Engineer. The Contractor shall, upon
direction of the Engineer, make provisions by bridges or otherwise at sidewalks
r. and private driveways for the free passage of pedestrians and vehicles provided
that, where bridging is impracticable or unnecessary in the opinion of the
Engineer, the Contractor may make arrangements satisfactory to the Engineer for
the diversion of traffic and shall, at his own expense, provide all material and
Page 18 of 32
Attachment M
Page 18 of 32
ho
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perform all work necessary for the construction and maintenance of roadways and
bridges. Sidewalks must not be obstructed except by special permission of the
Engineer. The materials excavated and the construction materials or plant used
in the construction of the work shall be placed so as not to endanger the work or
prevent free access to all fire hydrants, water valves, gas valves, manholes for
telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and
hr fire alarm or police call boxes in the vicinity.
The City reserves the right to remedy any neglect on the part of the Contractor
as regards the public convenience and safety which may come to its attention
1w after twenty-four hours notice in writing to the Contractor except in case of
emergency when it shall have the right to remedy any neglect without notice, and
in either case, the cost of such work done by the City shall be deducted from
k monies due or to become due the Contractor. The Contractor shall notify the Fire
and Police Division Headquarters when any street is closed or obstructed. Where
the Contractor is required to construct temporary bridges or make other
arrangements for crossings over ditches or streams, his responsibility for
accidents shall include the roadway approaches as well as the structures of such
crossings. The Contractor shall mark all detours as directed by the Engineer so
that the entire route of the detour is designated, such markings to be by neat
and workmanlike signs large enough and so painted and so placed as to be clearly
visible.
In
B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way:
F
For the performance of the contract, the Contractor will be permitted to occupy
such portions of streets or alleys, or other public places or other right-of-way,
as provided for in the ordinances of the City, as shown on the plans or as
permitted by the Engineer. A reasonable amount of tools, materials and equipment
for construction purposes may be stored in such space but not more than is
necessary to avoid delay in the construction. Excavation and waste materials
shall be piled or stacked in such a way as not to interfere with spaces that may
be designated to be left free and unobstructed. Other Contractors of the City
may, for all purposes be required by their contracts, enter upon the work and
premises used by the Contractor, and the Contractor shall give to other
contractors of the City all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
B-6-7 Railway Crossings:
Where the work encroaches upon any right-of-way of any railway, the City will
secure the necessary easement for the work. Where railway tracks are to be
crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing the work or precautions for safety of
property and the public. All negotiations with the railway company, except for
MN right-of-way, shall be made by the Contractor. The railway company shall be
notified by the Contractor not less than five (5) days previous to time of his
intentions to begin the work. The Contractor will not be paid direct
compensation for such railway crossing but shall receive only the compensation
for such railway crossing as set out in the proposal.
B-6-8 Traffic Control Devices:
Where the Contractor's operations are carried on in or adjacent to any public
right-of-way or public place and which, in the opinion of the City Engineer,
interferes with normal vehicular and pedestrian traffic, the Contractor shall
111 take appropriate measures to protect persons, property and the work. Such
measures shall include but not be limited to barricades, lights, signs, fences,
flagmen, and watchmen. Such measures shall be taken to exclude or route
pedestrian and vehicular traffic around the work and area of operations.
Barricades, lights, signs and flagmen shall be utilized in accordance with the
Uniform Barricading Standards and Practices as adopted by the City.
Attachment M
Page 19 of 32
Page 19 of 32
�a;;s
The Contractor shall be responsible for all damages to persons, property and
the work occasioned by his operations and said responsibility shall not cease
until the project has been accepted by the City.
B-6-9 Use of Explosives:
Should the Contractor elect to use explosives in the prosecution of the work,
the utmost care shall be exercised so as not to endanger life or property. The
City shall not be held liable for damages done by the Contractor in the use of
explosives. The Contractor shall notify the proper representatives of any public
service corporation, any company or any individual not less than eight (8) hours
in advance of the use of explosives which might damage or endanger their or his
d property along or adjacent to the work. Wherever explosives are stored or kept,
they shall be stored in a safe and secure manner, and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent
watchmen at all times.
B-6-10 Protection and Restoration of Property:
ink
Where the work passes over or through private property, the City will provide
such right-of-way. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner. The
Contractor shall be responsible for the preservation of and shall use every
precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and
gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof;
and to all other public and private property along or adjacent to the work. The
Contractor shall be responsible for all damage or injury to the property of any
character resulting from any act, omission, neglect or misconduct in the
[Pm execution of the work or in consequence of the non-execution thereof on the part
of the Contractor, he shall restore or have restored at his own cost and expense
such property to a condition similar to equal to that existing before such damage
or injury was done by repairing, rebuilding or otherwise restoring as may be
directed, or he shall made good such damage from injury in a manner acceptable to
the owner or the Engineer. In case of failure on the part of the Contractor to
restore such property or to make good such damage or injury, the Engineer may,
after forty-eight (48) hours written notice under ordinary circumstances, and
without notice when a nuisance or hazardous condition results, proceed to repair,
rebuild or otherwise restore such property as may be determined necessary, and
the cost thereof will be deducted from any monies due or to become due the
Contractor under his contract.
B-6-11 Responsibility for Damage Claims:
The Contractor shall not commence work under this contract until he has
k; obtained all insurance required herein and such insurance has been approved by
the City. The Contractor shall not allow any subcontractor(s) to commence work
until all similar insurance required of the subcontractor(s) has been so
obtained.
la Within ten (10) calendar days after the date the City requests that the
Contractor sign the contract documents, the Contractor shall furnish the City
with certificates of insurance evidencing that the Contractor has obtained
insurance coverage of the types more particularly described below in parts (a)
through (e) of this section. (For self-insured workers' compensation coverage,
other documents, specified hereafter, may be substituted for the certificate of
insurance just described) . The workers' compensation insurance policy need not
list the City as an additional insured. Additionally, all certificates of
insurance shall state the name of the project in the "Description of Operations"
section of such certificate. These certificates and any subsequent insurance
certificates in connection with this particular contract shall be delivered to
r' the offices of the City Engineer. The Certificates of Insurance shall state that
im ten (10) days written notice will be given the City before any policy covered
thereby is changed or canceled and shall shown the following minimum coverage in
bw Page 20 of 32
Mi Attachment M
Page 20 of 32
r
an insurance company acceptable to the City. The City reserves the right to
modify minimum limits based upon the nature and scope of the work.
The Contractor agrees to comply with the Supplemental Insurance Requirements
stated in the "Special Provisions" section of this contract.
(a) General Liability, including Commercial General Form; Premises -
I. Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed
Operations Hazard; Contractual Insurance, with an endorsement on the face of the
certificate that it includes the "Hold Harmless" in the last paragraph of this
provision; Broad Form Property Damage; Independent Contractors; and Personal
ir. Injury:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Death $300,000 Per Person
Bodily Injury and Consequent Death $500,000 Each Occurrence
Property Damage $100,000 Each Occurrence
I`.
(b) Automobile Liability - Owned, Nonowner or Rented:
MINIMUM INSURANCE COVERAGE
y, Bodily Injury and Consequent Death $100,000 Per Person
Bodily Injury and Consequent Death $300,000 Each Occurrence
Property Damage $100,000 Each Occurrence
(c) Workers' Compensation and Occupational Diseases:
The Contractor shall obtain worker's compensation insurance coverage through
a licensed insurance company or through self-insurance obtained in accordance
with Texas law. If such coverage is obtained through a licensed insurance
company, then the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self-insurance, then within ten (10)
calendar days after the date the City requests that the Contractor sign the
contract documents, the Contractor shall provide the City with a copy of its
certificate of authority to self-insure its workers' compensation coverage as
well as a letter, signed by the Contractor, stating that the certificate of
authority to self-insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the
City, such certificate of authority to self-insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate,
then the Contractor shall immediately provide written notice of such facts to the
City, by certified mail, return receipt requested directed to: City of Corpus
Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas
78469 - Attention: Contract Administrator.
rr Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self-insurance, the coverage provided must be in an
amount sufficient to assure that all worker' compensation obligations incurred by
the Contractor will be promptly met.
(d) Employer's Liability:
Minimum Insurance Coverage - $100,000 Per Person
(e) Builder's Risk Insurance Coverage:
Contractor will be responsible for providing builder's risk insurance
coverage for the term of the contract up to and including the date the City
km finally accepts the project or work. Builder's risk coverage shall be an "All
Risk" form. The policy shall be a completed value form. The Contractor shall
provide such builder's risk coverage as indicated in the Special Provisions,
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Attachment M
Page 21 of 32
which is estimated to be the value at completion of the real or personal property
to be constructed, repaired or otherwise improved under the contract.
Contractor shall be responsible for paying all costs necessary to procure
such builder's risk insurance coverage, including any deductible. The City shall
be named an additional insured on any policies providing such insurance coverage.
In the event of accidents of any kind, the Contractor shall furnish the City
with copies of all reports such accidents at the same time that the reports are
forwarded to any other interested parties. It shall be the Contractor's primary
responsibility for immediately notifying the carriers of any or all insurance
under this contract in the event of a known loss or claim presented to the
Contractor by the City or a third party.
Contractor agrees to indemnify, save harmless and defend the City, its
agents, servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and
6. expenses, including court costs and attorneys' fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or any
damage to any property, which may arise or which may be alleged to have arisen
out of or in connection with the work covered by this contract. The foregoing
indemnity shall apply except if such injury, death or damage is caused directly
by the negligence or other fault of the City, its agents, servants, or employees
or any other person indemnified hereunder.
B-6-12 Contractor's Claim for Damages:
Should the Contractor claim compensation for any alleged damage by reason of
the acts or omissions of the City, he shall, within three (3) days after
sustaining such alleged damage, make a written statement to the City Engineer,
setting out in detail the nature of the alleged damage; and on or before the
twenty-fifth (25th) day of the month succeeding that in which any such damage is
claimed to have been sustained, the Contractor shall file with the City Engineer
an itemized statement of the details and amount of such alleged damage and, upon
request, shall give the City Engineer access to all books of accounts, receipts,
vouchers, bills of lading and other books or papers containing any evidence as to
the amount or such alleged damage. Unless such statements shall be filed as
hereinabove required, the Contractor's claim for compensation shall be waived and
he shall not be entitled to payment on account of such damage.
B-6-13 Public Utilities and Other Property to be Changed:
In case it is necessary to change or move, the property shall not be moved or
interfered with until ordered to do so by the Engineer, unless the plans or
specifications show that such work is to be done by the Contractor. The right is
reserved to the owner of public utilities to enter upon the limits of the
contract for the purpose of making such changes or repairs of their property that
may be necessary by performance of the contract. The City reserves the right of
entering upon the limits of the contract for the purpose of repairing or relaying
sewer, gas and water lines and appurtenances, repairing structures, etc. , and
making other repairs, changes or extensions to any City property.
B-6-14 Temporary Sewer and Drain Connections:
When existing sewers have to be taken up or removed, the Contractor shall, at
his cost and expense, provide and maintain temporary outlets and connections for
all private or public drains or sewers. The Contractor shall also take care of
all sewage and drainage which will be received from these drains and sewers; and
for this purpose, he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor, at his
own expense, shall construct such troughs, pipes or other structures necessary
im and be prepared at all times to dispose of drainage and sewage received from
these temporary connections until such time as the permanent connections are
Page 22 of 32
Attachment M
Page 22 of 32
FF,
S
fig
built and in service. The existing sewers and connections shall be kept in
service and maintained under the contract except where specified or ordered to be
�• abandoned by the Engineer. All water or sewage shall be disposed of in a
satisfactory manner so that no nuisance is created and so that the work under
construction will adequately be protected.
B-6-15 Arrangement and Charge for Water Furnished by the City:
Where the Contractor desires to use City water in connection with any
construction work, he shall make complete and satisfactory arrangements with the
City of Corpus Christi, Department of Public Utilities for so doing. However,
this in no way obligates the City to provide water.
B-6-16 Use of Fire Hydrants:
No person shall open, turn off, interfere with, attach any pipe or hose to,
P or connect anything with any fire hydrant, stop valve or stop cock, or tap and
water main belonging to the City unless duly authorized to do so by the City of
elm Corpus Christi, Water Division Superintendent.
B-6-17 Use of a Section or Portion of the Work:
Wherever, in the opinion of the Engineer, any section or portion of the work
or any structure is in suitable condition, it may be put into use upon the
written order of the Engineer, and such usage shall not be held to be in any way
IN an acceptance of said work or structure or any part thereof or as a waiver of any
of the provisions of these specifications or the contract pending final
completion and acceptance of the work; all necessary repairs and removals of any
section of the work so put into use, due to defective materials or workmanship or
to operations of the Contractor, shall be performed by the Contractor at his own
cost and expense.
B-6-18 Separate Contracts:
The City reserves the right to make essential installation of items not
included in the contract prior to acceptance of the project from the Contractor.
Within this right, the City may let other contracts or may do such work with its
own materials and labor forces. The City, in reserving this right, warrants that
it will cooperate with the Contractor's forces and goals. The Contractor shall
not commit or permit any act which will interfere with the performance of work by
any other contractor or company or by City employees. The Contractor shall
cooperate to the end that the City may realize a complete functioning of the
project on the date of Final Acceptance.
B-6-19 Contractor's Responsibility for the Work:
Until written acceptance by the Engineer, as provided for in these
specifications, the work shall be under the charge and care of the Contractor,
and he shall take every necessary precaution to prevent injury or damage to the
work or any part thereof by action of the elements or from any other cause
whatsoever, whether arising from the execution or non-execution of the work. The
Contractor shall rebuild, repair, restore and make good, at his own cost and
expense, all injuries or damages to any portion of the work occasioned by any of
the hereinabove causes.
B-6-20 No Waiver of Legal Right:
Piow
Inspection by the Engineer, any order, measurement, quantity or certificate
by the Engineer; any order by the City for payment of money; any payment for or
acceptance of any work; or any extension of time; or any possession taken by the
City shall not operate as a waiver of any provisions of the contract or any power
is therein reserved to the City of any rights or damages therein provided. Any
waiver of any breach of contract shall not be held to be waiver of any other or
Page 23 of 32
VI Attachment M
Page 23 of 32
a
la
subsequent breach. The City reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to adjust the same to meet
i" the requirements of the contract and specifications. The City reserves the right
to claim and recover by process of law sums as may be sufficient to correct any
error or make good any deficiency in the work resulting from such error,
dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by
the Contractor or his agents and the Engineer or his assistants, discovered
in the work after the final payment has been made.
B-6-21 Indemnification and Hold Harmless:
The Contractor shall hold the City, its officials, employees, attorneys, and
agents harmless and shall indemnify the City, its officials, employees,
attorneys, and agents from any and all damages, injury, or liability whatsoever
l"' 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
raw consultants, or the operations or activities of the Contractor or any
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants.
B-6-22 Tax Exemption Provision:
Contracts awarded by the City of Corpus Christi qualify for exemption
pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise
is and Use Tax Act.
The Contractor performing this contract may purchase, rent or lease all
h materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate complying with State Comptroller's Ruling #95-0.07.
C,. Any such exemption certificate issued by the contractor in lieu of the tax shall
be subject to the provisions of the State Comptroller's Ruling #95-0.09 as
ha amended to be effective October 2, 1968.
B-7 PROSECUTION AND PROGRESS:
B-7-1 Subletting the Work:
The Contractor shall perform with his own organization and with the
assistance of workmen under his immediate superintendence, work of a value not
less than fifty percent (50%) of the value of all work embraced in the contract
exclusive of items not commonly found in contracts for similar work or which
Roo require highly-specialized knowledge, craftsmanship and/or equipment not
ordinarily available in the organizations of Contractors performing work of the
character embraced in the contract. No portion of the work covered by these
specifications and contract, except contracts for purchase and delivery of
fru materials, shall be sublet without written permission of the City. If the
Contractor sublets any part of the work to be done under his contract, he will
not, under any circumstances, be relieved of his responsibility and obligations.
All transactions of the Engineer will be with the Contractor. Subcontractors
will be considered only in the capacity of employees and/or workmen and shall be
subject to the same requirements as to character, competency, wages and hours.
The City will not recognize any subcontractor on the work. The Contractor shall,
at all times when the work is in operation, be represented either in person or by
mo a qualified superintendent or other designated representative.
hi B-7-2 Assignment of Contract:
meg. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract or his right, title or interest in or to the same, or any part thereof,
wi without the previous consent of the City Council and concurred in by the
sureties. If the Contractor does without such previous consent assign, transfer,
Page 24 of 32
MS Attachment M
Page 24 of 32
fill
r
hr
convey or otherwise dispose of the contract or of his rights, title or interest
therein, or any part thereof to any persons, partnership, company, firm or
corporation, or by bankruptcy, voluntary or involuntary, or by assignment under
the insolvency laws of any state, attempt to dispose of the contract or make
default in or abandon said contract, then the contract may, at the option of the
City, be revoked or annulled, unless the sureties shall successfully complete
said contract; and any monies due or to become due under said contract shall be
retained by the City as liquidated damages for the reason that it would be
✓ impracticable and extremely difficult to fix the actual damages.
'e.
w B-7-3 Prosecution of the Work:
Prior to beginning construction operations, the Contractor shall submit to
the Engineer a chart or brief of his work schedule outlining the manner and
`• sequence of prosecution of the work that he intends to follow in order to
complete the contract within the allotted time. Whenever, during the course of
the work, this planned sequence and/or method must be revised, such revision
shall be submitted in writing to the Engineer.
pr.
The Contractor shall begin the work to be performed under this contract
within the time limit stated in the Agreement and shall conduct the work in such
a manner and with sufficient equipment, materials and labor as is necessary to
insure its completion within the time limit. The sequence of all construction
operations shall be at all times as directed be or approver by the Engineer.
Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance of the contract. Should the
Pi prosecution of the work be discontinued by the Contractor, he shall notify the
Engineer at least twenty-four (24) hours in advance of resuming operations.
B-7-4 Limitation of Operations:
The work shall be so conducted as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor
has obstructed or closes or is carrying on operations on a greater portion of the
street or public way than is necessary for the proper execution of the work, the
Engineer may require the Contractor to finish the sections on which work is in
progress before operations are started on any additional section.
B-7-5 Character of Workmen and Equipment:
Local labor shall be used by the Contractor if available. The Contractor may
bring in from outside the City his key employees and superintendent. All other
employees, including equipment operators, may be imported only after the local
supply is exhausted.
PP
The Contractor shall employ such superintendents, foremen, and workmen as are
careful and competent and the Engineer may demand the dismissal of any person or
persons employed by the Contractor in, about or on the work who shall misconduct
himself or be incompetent or negligent in the proper performance of his or their
duties or neglect or refuse to comply with the directions of the Engineer, and
such person or persons shall not be employed thereon again without the written
consent of the Engineer. All workmen shall have sufficient skill and experience
to perform properly the work assigned them. The Contractor shall furnish such
Pi equipment as is considered necessary for the prosecution of the work in an
acceptable manner and at a satisfactory rate of progress. All equipment, tools
and machinery used for handling materials and executing any part of the work
shall be subject to the approval of the Engineer and shall be maintained in a
satisfactory working condition. Equipment on any portion of the work shall be
such that no injury to the work or adjacent property will result from its use.
B-7-6 Working Hours:
at*
S Work shall be done only during the regular and commonly accepted and
prescribed working hours. No work on any unit of this contract shall be
Page 25 of 32
MS Attachment M
Page 25 of 32
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F
it
performed before 7 a.m., or after 6 p.m. , or on Sunday, or on a regular holiday
as listed in the definitions, unless special permission is given in writing by
the Engineer. Excepted from the preceding shall be the setting of flashers,
maintenance of barricades, wetting of concrete curing mats, and such measures as
the Contractor must take to protect life and property, as are of an emergency
nature and not merely extensions of the regular working day. Attention is
directed to the definition for contract time.
B-7-7 Time of Commencement and Completion:
w. The Contractor shall commence the work within the time specified, and the
rate of progress shall be such that the whole work will be performed and the
premises cleaned up in accordance with the contract, plans and specifications
within the time limit specified in the contract unless an extension of time be
ire made in the manner hereinafter specified.
B-7-8 Extension of Time of Completion:
r. The Contractor shall be entitled to an extension of time as provided herein
only when claim for such extension is submitted to the City in writing by the
Contractor within seven (7) days from and after the time when any alleged cause
of delay shall occur, and then only when such claim is approved by the City. In
Ir adjusting the contract time for the completion of the project, unforeseeable
cause beyond the control and without the fault or negligence of the Contractor,
�• including but not restricted to inability to obtain supplies and materials, acts
of God, or the public enemy, acts of the owner, fires, floods, epidemics,
NO quarantine restrictions, strikes, freight embargoes, unusually severe weather
conditions (weather which is beyond the normal weather recorded and expected for
r the season or seasons of the year in the records of the National Oceanic and
Atmospheric Administration's Climatic Data Center) , or delays of subcontractors
due to such causes; all provided that actual stoppage of work ensues and no fault
of the Contractor is involved.
If the satisfactory execution and completion of the contract should require
work and materials in a greater amount, or quantities, than those set forth in
the contract, then the contract time shall automatically be increased the same
proportion as the cost of the additional work bears to the cost of the original
work contracted for. No allowance will be made for delays or suspension of the
prosecution of the work due to the fault of the Contractor.
B-7-9 Computation of Contract Time for Completion:
LB For the purpose of computation, the contract time shall begin with the tenth
(10th) calendar day after the date of the written authorization by the City
Engineer to begin work, or such earlier date as work, other than the delivery of
materials, is actually commenced.
IN
The Engineer shall furnish the Contractor a monthly statement showing the
days (calendar or working) charged during the month. If no protest as to the
correctness of the statement is filed within seven (7) days by the Contractor,
the statement will stand.
Contract time shall be charged as described under the definition thereof.
ri
MB B-7-10 Failure to Complete on Time:
The time of completion is the essence of the contract. For each day
rra (calendar or working) that any work shall remain uncompleted after the time
1110 specified in the time specified in the proposal and contract, or the increased
time granted by the City, or as automatically increased by additional work or
materials ordered after the contract is signed, a sum per day will be deducted
w
from the monies due the Contractor, not as a penalty but as liquidated damages.
This sum of liquidated damages per day will be as shown in the special
provisions, proposal or elsewhere in the contract documents.
Attachment M
Page 26 of 32
Page 26 of 32
it
fft
The sum of money thus deducted for such delay, or noncompletion is not to be
considered as a penalty but shall be deemed, taken and treated as reasonable
liquidated damages since it would be impracticable and extremely difficult to fix
the actual damages, with such sums of money to be deducted from Contractor's
monies at the time or times such damages begin to occur, thence to the completion
of construction.
B-7-11 Suspension by Court Order:
try The Contractor shall suspend such part or parts of the work ordered by the
Court, and will not be entitled to additional compensation by virtue of such
r Court Order. Neither will he be liable to the City in the event and for the time
the work is suspended by Court Order.
iw.
B-7-12 Temporary Suspension:
The Engineer shall have the authority to suspend the work wholly or in part
for such period or periods as he may deem necessary due to unsuitable weather
conditions as are considered unfavorable for the suitable prosecution of the
work. If it should become necessary to stop work for an indefinite period, the
Contractor shall store all materials in such manner that they will not obstruct
or impede the public unnecessarily or become damaged in any way, and he shall
take every precaution to prevent damage or deterioration of the work performed;
he shall provide suitable drainage about the work and erect temporary structures
where necessary. The Contractor shall not suspend work without written authority
from the Engineer and shall proceed with work promptly when notified by the
Engineer to resume operations.
B-7-13 Suspension of Work and Annulment of Contract:
The work or any portion of the work under contract shall be suspended
immediately on written order of the City Engineer or the City Manager, a copy of
such notice to be served on the Contractor's sureties, or the contract may be
annulled by the City for any good cause or causes, among others of which special
reference is made to the following:
(a) Failure of the Contractor to start the work within the specified
number of calendar days from the date of written notice by the City to
begin the work.
(b) Substantial evidence that the progress of the work being made by the
Contractor is insufficient to complete the work within the specified
time.
(c) Failure of the Contractor to provide sufficient and proper equipment
for properly executing the work.
(d) Substantial evidence that the Contractor has abandoned the work.
(e) Substantial evidence that the Contractor has become insolvent or
bankrupt, or otherwise financially unable to carry on the work.
1114
(f) Deliberate failure on the part of the Contractor to observe any
requirements of these specifications or to comply with any orders
given by the Engineer as provided for in these specifications.
(g) Failure of the Contractor to promptly make good any defects in
materials or workmanship, or any defects of any nature, the correction
of which has been directed in writing by the Engineer.
(h) Substantial evidence of collusion for the purpose of illegally
Vprocuring a contract or perpetrating fraud on the City in the
construction of the work under contract.
Page 27 of 32 Attachment M
Page 27 of 32
r.
When the work is suspended for any of the causes itemized above or for any
other cause or causes, the Contractor shall discontinue the work or such part
thereof as the City shall designate, whereupon the sureties may, at their option,
assume the contract or that portion thereof which the City has ordered the
hts Contractor to discontinue, and may perform the same, or may, with the written
consent of the City, sublet the work or that portion of the work so taken
over, provided however that the sureties shall exercise their option, if at all,
within two (2) weeks after the written notice to discontinue the work has been
served upon the Contractor and upon the sureties or their authorized agents. The
wm sureties in such event shall assume the Contractor's place in all respects, and
shall be paid by the City for all work performed by them in accordance with the
terms of the contract. All monies remaining due the Contractor at the time of
his default shall thereupon become due and payable to the sureties as the work
progresses, subject to all the terms of the contract. In case the sureties do
not, within the hereinabove specified time, exercise their right and option to
assume the contract or that portion thereof which the City has ordered the
Contractor to discontinue, then the City shall have the power to complete by
it contract or otherwise as it may deem necessary; and the Contractor hereto agrees
that the City shall have the right to take possession of and use any of the
materials, plant, tools, equipment, supplies and property of every kind provided
by the Contractor for the purpose of his work and to procure other tools,
equipment and materials for the completion of the same, and to charge to the
account of the Contractor the expenses of said contract or labor, materials,
r tools, equipment and expenses incidental thereto. The expense so charged shall
be deducted by the City out of such monies as may be due or may at any time
thereafter become due the Contractor under and by virtue of the contract or any
part thereof. The City shall not be required to obtain the lowest bid for the
work of completing the contract, but the expenses to be deducted shall be the
actual cost of such work. In case such expense is less than the sum which would
La have been payable under the contract if the same had been completed by the
Contractor, then in such case, the City may pay to the Contractor the difference
in cost provided that the Contractor shall not be entitled to any claim for
damages or for loss of anticipated profits; in case such expense shall exceed the
amount which would have been payable under the contract if the same had been
completed by the Contractor, then the Contractor and his sureties shall pay the
amount of such excess to the City on notice from the City of the excess due.
When any particular part of the work is being carried on by the City by contract
or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the contract, and in
such manner as not to hinder or interfere with the performance of workmen
employed as above provided by the City.
B-7-14 Termination of Contract:
The contract will be considered fulfilled, saved as provided in any
maintenance stipulations, bond or by law, when all the work has been completed,
the final inspection made by the Engineer, and final acceptance and final payment
made by the City.
PR
11 B-7-15 No Intent to Benefit Third Parties
Notwithstanding anything contained in this Agreement to the contrary,
nothing in this Agreement, expressed or implied, is intended to confer on any
person other than the parties hereto or their respective heirs, successors,
executors, administrators and assigns any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
NO
it Attachment M
Page 28 of 32
Page 28 of 32
r
B-8 MEASUREMENT AND PAYMENT:
ir.
B-8-1 Measurement of Quantities:
r
The determination of quantities of work acceptably completed under the terms
of the contract, or as directed by the Engineer in writing, will be made by the
Engineer, based on measurements made by the Engineer. These measurements will be
taken according to the U.S. Standard Measurements, used in common practice, and
will be the actual length, area, solid contents, numbers and weight. It is
pointed out that inclusion in the standard construction specifications of
paragraphs describing methods of measurement and payment is not intended to imply
that separate payments shall be made under each such standard specification. The
Log units for which payment shall be made are those stated in the proposal.
B-8-2 Unit Price:
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Where in the proposal form a "Unit Price" is set forth, the "Unit Price"
shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, appliances, plant and equipment appurtenant to and necessary for
construction in every detail and the completion in a first class, workmanlike
manner of all the work to be done under these specifications. The "Unit Price"
I" shall also include all permanent protection of overhead, surface and underground
structures, cleaning up, finish, overhead expense, bond, insurance, patent fees,
royalties, risk due to the elements, delay, profit, injuries, damages, claims and
all other items not specifically mentioned that may be required to construct
fully each item of the work complete in place.
B-8-3 Scope of Payment:
ite The Contractor shall receive and accept the compensation, as herein provided,
in full payment for furnishing all labor, tools, materials, equipment and
incidentals; for performing all work contemplated and embraced under the
contract; for all lose or damage arising out of the nature of the work or from
the action of the elements; for any unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work and before its final
acceptance by the Engineer; for all risks of whatever description connected with
the prosecution of the work; for all expense incurred by or in consequence of
suspension or discontinuance of such prosecution of the work as herein specified;
for any infringement of patents, trademarks or copyrights; and for completing the
work in an acceptable manner according to the plans and specifications. The
payment of any current or partial estimate prior to final acceptance of the work
by the City shall in no way constitute an acknowledgement of the acceptance of
the work nor in any way prejudice or affect the obligation of the Contractor to
repair, correct, renew, or replace, at his expense, any defects or imperfections
in the construction or in the strength or quality of the materials used in or
about the construction of the work under contract and its appurtenances, nor any
damage due or attributed to such defects, imperfections or damage shall have been
discovered on or before the final inspection and acceptance of the work.
The Engineer shall be the sole judge of such defects, imperfections or
damage; and the Contractor shall be liable to the City for failure to correct the
same as provided herein.
B-8-4 Payment for Extra Work:
Extra work authorized and approved by the City Engineer and performed by the
Contractor will be paid for in the manner hereinafter described, and the
compensation thus provided shall be accepted by the Contractor as payment in full
for all labor, material, tools, equipment and incidentals and all
r. superintendents' time and timekeepers' services, all insurance, bond and all
other overhead expenses incurred in the prosecution of the extra work. Payment
i1 for extra work will be calculated on one of the following basis, subject to all
other conditions of the contract:
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(a) By unit prices agreed on in writing by both parties, payment to be for
is the quantity actually installed as finally measured.
(b) By a lump sum price agreed on in writing by both parties.
(c)By actual field cost of the work plus fifteen percent (15%) as described
herein below, agreed on in writing by both parties. In the event extra work
s is to be performed and paid for under this method, the actual field cost of
the work will include the cost of all workmen, foremen, timekeepers,
mechanics and laborers, and materials, supplies, trucks, rental or machinery
equipment, only for the time actually employed or used on such extra work,
plus all power, fuel, lubricants, water and similar operating expenses, and a
rateable proportion of premiums on Performance and Payment Bonds, public
liability and Workmen's Compensation and all other insurance required by law
or ordinance. The Engineer will direct the form in which the accounts or
actual field cost will be kept and will specify in writing the methods of
doing the work, and the type and kind of machinery and equipment to be used,
and shall have authority to suspend such extra work if in his judgment it is
being conducted in a manner wasteful of materials, equipment, or labor, or is
not being prosecuted in an efficient manner. The fifteen percent (15%) of
the actual field cost to be paid the Contractor shall cover and compensate
►. him for profit, overhead, general superintendence and field office expense,
and all other elements of cost and expense not embraced within the actual
field cost as herein specified. The Contractor shall give the Engineer
access to all accounts, bills, invoices and vouchers relating thereto.
In the event agreement cannot be reached on method or prices of payment for
extra work, the City reserves the right to enter on the job with its own forces
or to hire other contractors to perform such extra work.
B-8-5 Policy on Extra Work and Change Orders:
The City Council of the City of Corpus Christi has adopted the following
Construction Change Order Policy which will be applicable to all City
construction projects, and the Contractor is hereby advised to be so guided in
the proceeding with any item of work which he considers to be extra work:
(a) All change orders require written quotations and must be approved in
writing by the Contractor and the City Engineer or his representative prior to
the work being done.
(b) All change orders in involving an expenditure of $10,000.00 or more
must be approved by the City Council.
(c) The City Manager, or duly authorized Assistant City Manager, has
authority to approve change orders between $5,000.00 and $10,000.00. The City
Manager may authorize change orders in excess of this amount only in emergency
situations where undue delays could cause damages, either physical or monetary,
to the City, Contractor, or general public. However, final approval must be
granted by the City Council.
(d) The City Engineer has authority to issue change orders up to $5,000.00.
MI (e) The total amount of all change orders to a contract shall not exceed
25% of the original contract price.
Contractors are advised that the City is under no obligation to appropriate
change order(s) which have not been prepared and executed as stated herein. The
addition of items of work covered by unit prices may be performed without written
change orders unless the quantity and cost of such work, in the Engineer's
opinion, require such written change orders, in which event the Contractor will
W be so notified.
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La B-8-6 Partial Estimates:
After the twenty-fifth (25th) day of the month and at the Contractor's
request, the Engineer will make an approximate estimate of the value of the work
done during the month under the specifications, which approximate estimate may
include the full net invoice value of acceptable non-perishable materials
delivered to the work (i.e. materials on hand) . The Contractor shall furnish to
the Engineer such detailed in formation as he may request to aid him as a guide
in the preparation of partial estimates. It is understood that the partial
estimates from month to month will be approximate only and all partial estimates
and payments will be subject to correction in the estimate rendered following the
discovery of an error in any previous estimate, and such estimate shall not in
any respect be taken as an admission of the City of the amount of work done or of
its quality or sufficiency nor as an acceptance of the work or the release of the
Contractor of any of his responsibility under the contract.
In determining the partial payment to be made to the Contractor, the City
will retain five percent (5%) of the total approximate estimate, unless otherwise
stated, and will deduct payments previously made. No partial payment will be
made when the said estimate or the estimates of work done since the last previous
estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is
ii• due and payable to the Contractor upon successful completion of the project and
will be included in the final payment. Payment shall be withheld as elsewhere
herein specified.
Yr The City reserves the right to increase the retainage. In contracts in which
the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and
providing for retainage of greater than five percent (5%) of the total estimate,
the amount retained shall be deposited in an interest bearing account and the
interest earned shall be paid to the contractor upon completion of the contract
with the final payment, unless withheld as otherwise specified.
B-8-7 Withholding Payment:
Payment of estimates may be withheld if the work is not being executed in
accordance with the specifications and contract and/or to cover known claims as
elsewhere specified.
B-8-8 Final Cleanup:
Upon completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work surplus and
discarded materials, temporary structures, and debris of every kind. He shall
leave the site of the work in a neat, orderly condition, equal to that which
originally existed. Surplus and waste materials removed from the site of the
work shall be disposed of at locations satisfactory to the Engineer. Such final
cleanup shall in general be considered as subsidiary to the established pay items
as a whole.
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B-8-9 Final Acceptance:
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor, the Contractor shall notify the Engineer
that the improvement is ready for final inspection. The Engineer will then make
such final inspection; and if the work is satisfactory and in accordance with the
specifications and contract, he will certify such completion for Final
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Acceptance.
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B-8-10 Final Payment:
Whenever the improvement provided for by contract shall have been completely
performed on the part of the Contractor as evidenced by the Engineer in the
Certificate of Final Inspection and Acceptance, a final estimate showing the
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value of the work will be prepared by the Engineer as soon as the necessary
measurements and computations can be made. All prior estimates upon which
rus payments have been made are subject to necessary corrections or revisions in the
final payment. The amount of this final estimate, less any sums that have been
deducted or retained under the provisions of the contract, will be paid the
Contractor within thirty (30) days after Final Acceptance provided the Contractor
has furnished to the City satisfactory evidence in the form of an affidavit (s)
that all sums of money due for any labor, materials, apparatus, fixtures, or
machinery furnished for and used in the prosecution of the work have been paid;
or that the person or persons to whom the sum may respectively be due have
ha consented to such final payment. The improvement will not be recommended for
Final Acceptance until this payment affidavit has been submitted. The acceptance
by the Contractor of the last payment as aforesaid shall operate as and shall be
a release to the City from all claims or liabilities under the contract for
L anything done or furnished or relating to the work under the contract or for any
act of neglect of said City relating to or connected with the contract.
B-8-11 Maintenance Guaranty:
The Contractor shall maintain and keep in good repair the work herein
contracted to be done and performed for a period of one (1) year from the date of
acceptance, or for such lesser or greater period as may be specially provided,
1`. shall do all necessary backfilling that may arise on account of sunken conditions
in ditches, or otherwise, and shall do and perform all necessary work and repair
any defective condition growing out of or arising from the improper joining of
the same, or on account of any breaking of the same caused by the said
Contractor, in laying or building the same, or on account of any defect arising
in any of said parts of said work laid or constructed by said Contractor, or on
account of improper excavation or backfilling; it being understood that the
purpose of this section is to cover all defective conditions arising by reason of
negligence of the Contractor, or by reason of defective materials, work of labor
performed by the said Contractor, or by reason of defective materials, work or
labor performed by the said Contractor, and in case the said Contractor shall
fail to do so, it is agreed that the City may do said work and supply such
materials, and charge the same against the said Contractor and sureties on this
obligation. This provision shall further, and in addition, be evidence by the
provisions of the Performance Bond or such other bond as may be required.
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