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HomeMy WebLinkAboutC2015-007 - 2/17/2015 - Approved 2015-007 2/17/15 M2015-018 JE Construction Services SPECIAL PROVISIONS GENERAL PROVISIONS AND ATTACHMENTS FOR JOB ORDER CONTRACT MASTER AGREEMENT FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES JE CONSTRUCTION SERVICES DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS Phone (361) 826-3500 Fax (361) 826-3501 RFP No. 2014-07 I JOB ORDER CONTRACT MASTER AGREEMENT • THE STATE OF TEXAS §• COUNTY OF NUECES § is THIS AGREEMENT is entered into this the 111- day of by t)OY1AU, , 2015, and between the CITY OF CORPUS CHRISTI, a Texas home rulb 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 or JE Construction Services, a Company 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 or 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 or, was selected for recommendation for award; and is WHEREAS, the Corpus Christi City Council authorized award of this JOC Master Agreement (the "Agreement") to Contractor on \114 — day of \ \oYUOX ( 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, or NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Terms. a. Agreement. This Agreement consists of the Contract Documents, the RFP or 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 il' re@ 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 it 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. rr 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 recurring nature but the delivery times are quantities are indefinite. b. JOCs apply to facilities work. The JOC Master Agreement and any Isof 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 sr 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. is 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. rrr Page 2 of 12 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 urn workmanlike manner for the prices and conditions set out in the Contractor's bid proposal and as provided under the JOC. 1 b. Contractor shall supply at its expense such materials, services, labor and insurance as required by the Contract Documents, including overseeing the entire job. c. Contractor shall be responsible for providing all labor, material, tools, instruments, supplies, equipment, transportation, mobilization, insurance, ima subcontracts, bonds, supervision, management, reports, incidentals, and quality control necessary to complete work for the minor construction, repair, rehabilitation and alteration of city facilities. r 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 W 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. Page 3 of 12 Rev.Jun-2010 lr 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. 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) IN 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 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. it 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 sr accordance with the Contractor's Proposal, Exhibit E. Page 4 of 12 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 ai• to receipt of the City's Purchase order shall be at the Contractor's risk and expense. ffw No b. The Contractor shall meticulously prosecute the Work to completion with the time set forth in the Job Order. err c. The period of performance shall include allowance for mobilization; holidays; weekend days; inclement weather; cleanup and project acceptance procedures. r 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. 0 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 iis 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. Page 5 of 12 Rev.Jun-2010 0 I 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. r 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, rr 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 its acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. io 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. 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 its 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 NSConservation Office (SECO) its efforts and progress in reduction of electricity. Page 6 of 12 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 ri 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. d. All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices, as reasonably possible. 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 tie 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 01. 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 ire 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. rin 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. it Page 7 of 12 Rev.Jun-2010 I 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. 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 w personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: ito for legal notices send to: a 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: G R T V 1T E� Title: v P Address: 1/3o 9 t. -c ,rrin sr. u u1T e-,),s u C/-ti4Tl, TR 78 110 Tel: C36i) 9`33- 050/ Yr Fax: (34,t) 2-y202 I r a Page 8 of 12 Rev.Jun-2010 26. TABLE RE DIVISION 01 DIVISION 01 01 11 31 Professional Consultants 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 01 21 55.50 NOT AUTHORIZED a 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 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 Pro 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 INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 41 26 PERMITS 01 41 26.50 ITEM 0020 WILL BE AUTHORIZED AS REQUIRED BY STATEMENT OF WORK a Page 9 of 12 Rev.Jun-2010 I 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 Pee SEPARATE CITY CONTRACT 01 51 13 TEMPORARY UTILITIES 01 51 13.80 ALLOWAB LE AS REQUIRED BY STATEMENT OF WORK 01 52 13 FIELD OFFICES AND SHEDS 01 51 13.20 ALLOWABLE AS REQUIRED BY two STATEMENT OF WORK 01 51 13.40 NOT AUTHORIZED a 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 01 55 23 TEMPORARY ROADS a 01 55 23.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 5613 TEMPORARY AIR BARRIERS a 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 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 Page 10 of 12 Rev.Jun-2010 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 a CONTRACTOR: Name: r \J it 1 EE Title: VP Address: 113'09 LEEPAelt o ST- UN rr Coates C-rrzA s rt , --13t-11h Tel: <361) 933 -oSol Fax: (3c, i 752-2420"i 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 rr INSURANCE REQUIREMENTS RFP Attachment F Page 11 of 12 Rev.Jun-2010 sir Ito 1111 rog 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 r Signed in four (4) parts at Corpus Christi, Texas on the dat= shown above. ATTEST CI •F C e R� , CHRISTI ir PiLte,GC By: ti..Ar fro ity Secretary Jer ' ker, P. E., Actin. Director of Capital Programs APPROVED AS TO LEGAL FORM B As . ity Attorney r its CONTRACTOR ATTEST: (If Corporation) JE Construction Services By' (Seal Below) Title: (4'O (Note: If Person signing for 11309 Leopard Street, Unit E corporation is not President, Corpus Christi, TX 78410 attach copy of authorization to sign) (361) 933-0501 Office (361) 752-4202 Fax rg- X91 etitln91. ...,��' wr SECRETARY Page 12 of 12 11111 Rev.Jun-2010 RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR 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: -SE co usr-2u -ryas.) s em,ce-S Address 113 o9 U_SDpMt. sT. UN,-r• E City: Co rip vs CtrrL,sr1 State: -r-X ;Zip Code: 78`1 o Telephone No. (36,r) q3's - c-)5c) Fax No: (3ar) 752-14-102 2. Contact Information: List the person who the City may contact concerning your proposal or setting dates for meetings. Name: 61,LnT,z h Jr=r- iirr Address: I(3ac -00,11-zp 5T. City: Coapt)s C,-rrt.,c i State: T( Zip Code: 70 L r o Telephone No. ( 36,1) 933 - 05o I Fax No: (3G,) 152 -y202 Email: c1r^cl.+i1-ci)jecs .cc 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? a Yes No 4. Is your Company authorized and/or licensed to do business in Texas? a Yes ?< No 5. Where is the Company's corporate headquarters located? Goan�s C r,?,,sn 6. Local Operation: Does the Company have an office located in Corpus Christi, Texas? Yes )C No ATTACHMENT"A" Page 1 of 6 is is a. If the answer to theis "yes",reviousquestion P how long has the Company conducted business from its Corpus Christi office? Years 3 Months b. State the number of full-time employees at the Corpus Christi office. a 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 N/A r a. If the answer to the previous question is yes, how long has the Company conducted business from its Nueces County office? Years Months ,v/A is b. State the number of full-time employees at the Nueces County office. N/A 8. Debarment/Suspension Information: Has the Company or any of its principals been it debarred or suspended from contracting with any public entity? Yes No X ari 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 )( 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? is Yes No X If yes, state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets. 11.Provide any other names under which your business has operated within the last 10 years. is ATTACHMENT"A" Page 2 of 6 IN two 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 you have provided services to within the past three years. Reference No. 1: (Financial Institution) Firm/Company Name: Amgro can, 13R.,vK Contact Name: T3s•/F-r1,1-,, ,Ac to Title: f? ,a.,vcg 14-4A-vAc7 n Address: 5;1 33 5i4,4,4706A City: Co,tpvs Cf171/5r7 State: TX .Zip Code: 7$4//3 Telephone No. (36j) 97/- /zoo Fax No: (360 qq/-8333 Email: 6eve r/l oomer.;ear)bar)k-Com Reference No. 2: (Public Entity) h1 Firm/Company Name: A2h,vsAs Covn/ry A/Av/c/-r7o/V 1)15772/c7- _ Contact Name: KE/n RAO/igrr Title: /44-aeroa Abf sr n. Address: 9// N4V/GAT7oni City: /2oucpoar State: 77 .Zip Code: 78382 Telephone No. (3G,) 72 q-l GG r Fax No: (cG 72 9-80 3 7 Email: as nat./ fa;r.�hoo.cohl Reference No. 3: (Public Entity) Firm/Company Name: C /;y o f Co.ipv c kf1ars i i Contact Name: Mn 2( 6vE7ZRA /441-iu rnl 9 Title: C s%71V c non, pw-r//NspFc,an Address: 11911 Hou RA . 3LOG 5 City: re /IPUc CriMtsr/ State: 7Y .Zip Code: - &q// Telephone No. (36,) 1326- 3582 Fax No: (.360 826- 3520 Email: inarkj9 47 cc/exa s . Caryl df,tri yc 0 cc fpXet s .Coll ATTACHMENT"A" Page 3 of 6 Yil REFERENCES Continued... Reference No. 4: (Non-Public Entity) iv Firm/Company Name: /-/-E-R aii ny Contact Name: Dr,u, 7/1 c1 c arr. Title: PLiht/T EA16,AJ i2 Address: 10/ i 1 C nA-cc 20 _ City: COaays (nye,s State: ne .Zip Code: 78 /O g Telephone No. (3ai) 2 89-yso q Fax No: iv/,f Email: fau/h PP.do v9/as the. . corn Reference No. 5: (Non-Public Entity) Firm/Company Name: A s C • 9. Contact Name: p,f, Na-&-S5&-Al Title: PREs,qe-ivr Address: 2007 S . /.{H,,, 77 City: K/N65 vI GLC State: 7-1, .Zip Code: 78-3-6 la Telephone No. (34.,)512- 26o ,3 Fax No: (�6,,) gen-sze / Pst Email: ph /neessen aZ G,n bmai/. cont al I PR ATTACHMENT"A" Page 4 of 6 r CITY OF CORPUS CHRISTI tiii DISCLOSURE OF INTEREST City of Christi 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. Iff COMPANY NAME: 'YE CoNiS'R2vON 5ETA.v E3 P.O.BOX: STREET ADDRESS: I 1309 LFopitrl.p ST. tJnrt,'E CITY: comp s Carosrt ZIP: -le - 10 FIRM IS: I. Corporation 2. Partnership In 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) lim 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." ifil Name N14 Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Board,Commission or Committee N//l 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 N/A I>r W ATTACHMENT"B" Page 1 of 2 Jim 1 r tin 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 now 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: Title: U p G amyl D i cT�G (Type or Print) Signature of Certifying Person: -- Date- 40101° ate:I /0.23. /K 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 aneffect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- ial basis,but not as an independent contractor. Fol 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 goWit RFP NO. 2012-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES 1,4 ATTACHMENT C LITIGATION DISCLOSURE FORM Failure to fully and truthfully disclose 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 YES1111 �10- 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 C Np 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 it 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. I r ATTACHMENT"C" Page 1 of 1 I 111 irt RFP NO. 2014—07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES rr 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 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, 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. Attachment"D" Page 1 of 5 1 (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). oi 3. Share in Payments 1pf Minority partners, proprietor or stockholders, of the is 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 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. 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 a a 3. Goals a 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 oft 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. 5. Good Faith Effort Required Proposals shall include a Good Faith Effort Plan (GFEP-ATTACHED). The GFEP shall wr 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. Attachment"D" Page 3 of 5 a a a wr S is GOOD FAITH EFFORT PLAN Page 1 of 2 S NAME OF PROJECT: JOC Port NtImo IA Con) n.) rzcPttta t2et-k A IL -r7scrio /MDQ ALTET2Ai O/' BIDDER/PROPOSER INFORMATION: o F F# ( (L Name of Bidder/Proposer: ;e,- cow semi Ice-5 IRA Address: 113 o 9 LrOPA1U Oni yr- City: rCity: Cc rtp jc ci- sn State: TX Zip Code: -78 1-tl.0 Telephone: (3Gt) 433_ 05Ol E-mail Address: cy-+xn c7jecs ,cc 1 (If yes,please submit Certification Is your firm certified? Yes X No Certificate.) 111 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- I� %LEVEL OF SBE-HUB SUBCONTRACTOR'S/SUPPLIER'S CONTRACT AMOUNT COMPANY PARTICIPATION CERTIFICATION NUMBER C c 5 TnMQ t..Jonus H-A..)3 Po rot z 189 Lim .35 cc, 1-x -7E3403 Sl ,4"-6---au L (LvovF4v7', 2833 tivct-y t-4`lvi455►21oo Cc,n 184 i5 Q d C. F Nce co• t3,121`199S23oo Pc�[sox.4-74.(/ ccs -a 794(c4 MAIL Ek r is '$ Po Box (4.-7 q 1-44-k ltio562894w cc,7'K -; Mo3 bTT o D u tC t,3 tt03 Po'303( 648 1'N 19Q9M3$2eo Cc,T C -984G$ Nps 1 s F'0 Bax mleci 1�y 4 T11.01600 1 Cc1 ?13MG"f All 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 �r S a GOOD FAITH EFFORT PLAN Page 2 of 2 2 Please attach a copy of your company's MBE-WBE-AABE-SBE policy. Too Name and phone number of person appointed to coordinate and administer the Good Faith 3 Efforts of your company on this project. 4 This Good Faith Effort Plan is subject to the Director of Capital Programs approval. GOOD FAITH EFFORT PLAN AFFIRMATION I HEREBY AFFIRM THAT THE INFORMATION PROVIDED IN THIS GOOD FAITH EFFORT PLAN IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT,IF ilk AWARDED THE CONTRACT,THIS DOCUMENT SHALL BE ATTACHED THERETO AND BECOME A BINDING PART OF THE CONTRACT. r SIGNATURE OF AU ORIZED OFFI VA TITLE OF OFFICIAL /0 •1 f. 1 N (-340 q33- 050 DATE PHONE a FOR CITY USE Plan Reviewed by: Recommendation: Approval Denial a fro a DIRECTOR OF CAPITAL PROGRAMS I Attachment"D" Page 5 of 5 a t a a RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, PlAa 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 f IC 2. Coefficient Factor: Non-Standard/Normal Working Hours 7. 30 B. Non Pre-Priced Items 1. Coefficient Factor:Standard/Normal Working Hours /.13 a 2. Coefficient Factor: Non-Standard/Normal Working Hours 7. JO illi � —_---- 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: • 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 rr 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 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 l of i a 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) 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 r Commercial General Liability, including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form FR 2. Premises - Operations 111 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury ktre AUTOMOBILE LIABILITY - OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS'COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not 0 REQUIRED limited to sudden &accidental discharge; to include long-term environmental impact for the disposal of contaminants 0 NOT REQUIRED See Section B-6-11 &Supplemental Insurance Requirements BUILDERS' RISK 0 REQUIRED 0 NOT REQUIRED $100,000 COMBINED SINGLE LIMIT See Section B-6-11 &Supplemental INSTALLATION FLOATER Ilk 0 REQUIRED 0 NOT REQUIRED ATTACHMENT"F" Page 1of3 rrl r C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of all reports of such accidents at the same time that the reports are forwarded to any other 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 air 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 ,o, 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 toN authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested, directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469, Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all 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. I 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. ilk or ATTACHMENT"F" Page 2 of 3 rn j 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. • The NAME OF THE PROJECT should also be listed under"description of operations". tio lit IV. A completed Disclosure of Interest form must be submitted with your proposal. Attachment B. I rn a >v a �eF a a p a a, ATTACHMENT"F" Page 3 of 3 a a RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT G INDEMNIFICATION REQUIREMENTS RESPONDENT/CONTRACTOR, if selected, covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers 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, 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, 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 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. 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 Attachment"G" Page 1 of 2 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 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. II W I r I i r I Attachment"G" Page 2 of 2 RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES es ATTACHMENT H SIGNATURE PAGE S Check(✓)the box that indicates business structure of Respondent Individual or Proprietorship' P P 5z Partnership or Joint Venture i-' Corporation The undersigned certifies that(s)he is V P (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: 3-2.0488-28609:5: 32- 0388059 11-digit Comptroller's Taxpayer Number Employer Identification Number - coN4Tn.u cT1oN s ETzv is&5 Respondent Organization Name(DBA also required if Individual or Proprietorship) By: rf. Printed Name: en A#4-r- D►Fr-a6 Title: \IP By: i /4 (if Respondent is a Joint Venture,an authorized signature from a representative of each party is required) Printed Name: AVIA Title: nr f j By signature above,Respondent agrees to the following: i1r 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 go- 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 a a Is RFP NO. 2014—07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES ATTACHMENT I PROPOSAL CHECKLIST N 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. N Tab in Initial to indicate aProposal Document Document is Attached to Proposal `- Table of Contents A Respondent Questionnaire(RFP Attachment A) Ub B *Disclosure of Interest Form(RFP Attachment B) G(j C Litigation Disclosure(RFP Attachment C) G t *Minority/Minority Business Participation D Policy good faith plan(RFP Attachment D) G� E Pricing Schedule(RFP Attachment E) Gib a F Brochures G-(j G Financial Information Gr Proof of Insurability(Letter and Copy of Current H Certificate of Insurance) C�p *Signature Page(&Resolution,if applicable) ( (RFP Attachment H)is G� J Proposal Checklist(RFP Attachment I) rD PimOne(1)Original and six(6)Copies of Proposal G(J it *Documents marked with an asterisk on this checklist require a signature. Be "" sure they are signed prior to submittal of proposal. a 1� N w Attachment"I" Page 1 of 1 in is at a RFP NO. 2014-07 JOB ORDER CONTRACT CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT J WORKER'S COMPENSATION INSURANCE REQUIREMENTS a r S a a a S a a 1* Page l of 11 lilt S a Texas Administrative Code INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE,DIVISION OF WORKERS'COMPENSATION guaujim REQUIRED NOTICES OF COVERAGE sr$B B EMPLOYER NOTICES RULE§110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities as (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 10, meaning defined in the Texas Labor Code,if so defined. (1)Certificate of coverage(certificate)—A copy of a certificate of insurance,a certificate of authority to self insure issued by the commission,or a workers'compensation coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers' compensation insurance a 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, §406.0960X1)- (3)Contractor—A person bidding for or awarded a building or construction project by a err 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 TWCC-84,filed with the Texas Workers'Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers'Compensation Act,pursuant to the Texas Labor Code,Chapter 406,Subchapters F and 0,as one of employedemployee 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 itt 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 tat 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. Page2ofll Attachment "J" Page 2 of 11 r- a ia "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. to (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 projective 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. 1111 (c)A governmental entity that enters into a building or construction contract on a project shall: (1)include in the bid specifications,all the provisions of paragraph(7)of this subsection,using the language required by paragraph(7)of this subsection; (2)as part of the contract,using the language required by paragraph(7)of this subsection, require the contractor to perform as required in subsection(d)of this section; (3)obtain from the contractor a certificate of coverage for each person providing services on the project,prior to that person beginning work on the project; (4)obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period,if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project;and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; th (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 fraIlbifi Page 3 of 11 Attachment "J" Page 3 of 11 a (d)A contractor shall: foe (1)provide coverage for its employees providing services on a project,for the duration of the it project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; Ft. (2)provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4)obtain from each person providing services on a project,and provide to the governmental entity: auf (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 yam ; (6)notify the governmental entity in writing by certified mail or personal delivery,within ten an days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not sati*other posting requirements imposed by the Act or other commission rules.This notice must be printed with a title in at least 30 point lit bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population.The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes:Attached Graphic (8)contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project (B)provide a certificate of coverage to the contractor prior to that person beginning work on lia 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 l l Attachment "J" Page 4 of 11 t N I (D)provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person with whom it contracts,and provide to the contractor: "v"' 0)a certificate of coverage,prior to the other person beginning work on the project;and w (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,duration od,if f the coverage period shown on the current certificate of coverage ends during (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; rts (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 in 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 rri person for whom they are providing services. ilk (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 twr 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; 7/4 (3)have the folbwung language hi its contract to provide services on the project"By signing hi 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; is (5)obtain from each person providing services on a project under contract to it,and provide as required by its contract: FIR (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 5 of 11 Page 5 of 11 I r (6)retain all required certificates of coverage on file for the duration of the project and for one is year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery,of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change;and (8)contractually require each other person with whom it contracts to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the Project; (C)include in all contracts to provide services on the project the language in paragraph(3)of this subsection; ?' (D)provide,prior to the end of the coverage period,a new certificate of coverage showing ka 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; let (G)notify the governmental entity in wilting 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. (t)If any provision of this rule or its application to any person or circumstance is held invalid, sr 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. i (g)This rule is applicable for building or construction contracts advertised for bid by a Fo governmental entity on or after September I, 1994.This rile is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Attachment "J" Page 6 oft) Page 6 of 11 nr le al !"' (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). ar (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 al 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 for a frit gg tr Attachment "J" Page 7 of 11 br - Page 7 of 11 I i l A T288110.110(d)(7) A "REQUIRED WORICERS'COMPENSATION COVERAGE" "The lawthat each requires person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee." 'Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverer,or to report an employer's failure to provide coverage." Fla fws Fof S v r I Attachment "J" Page 8 of 11 Page 8 of 11 a I I T28S 110.110(cX7) Article . Workers'Compensation Insurance Coverage. A.Definitions: Certificate of coverage("certificate"-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission or a coverage agreement(TWCC-81,TWCC- 82, TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration ofthe project. 6111 Duration ofthe project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in 5406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless iia of whether that person has employees. This includes,without limitation, independent contractors;subcontractors, leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity which*wishes 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 supe y deliveries,and delivery ofportable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts andf iling of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees ofthe contractor providing services on the projeca for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to t: 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 tris new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (I)a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2)no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Attachment "J" Page 9 of I I Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the contractor knew or should have known,ofany change that materially*cts the provision of coverage of any person providing services on the project. IL The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. 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 ofany coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3)provide the contractor,prior to the end of the coverage ge period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Mi (4)obtain from each other person with whom it contracts, and provide to the contractor: (a)a certificate of coverage,prior to the other person beginning work on the project;and (b)a new certificate of coverage showing extension of coverage,prior to the end of the coverage period Ville 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 brew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7)contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration 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-inward with the commission's Division of Self- Attachment "J" Page 10 of 11 Page 10 of 11 m 00* 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 a,fler receipt of notice of breach from the governmental entity. t a S iry I. S a S 00. a S as Attachment "J" Ys Page 11 of 11 Page 11 of 11 is Yr S S RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES is ATTACHMENT K ADDENDUM TO SPECIAL AND GENERAL PROVISIONS The following three provisions (the "Substantial Completion Provisions") are added to the Contract and govern completion of the Work. These Substantial Completion Provisions change re 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 air Provisions, construction plans, Standard Specifications, and General Provisions, and specifically over Special Provision A-34. S Substantial Completion Provisions added: § 1.01 Substantial Completion; it § 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: l� Special Provision §§A-6; A-18;A-39;and A-49 General Provision §§B-7-8; B-8-9; and B-8-10 M it wr Ys a a 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 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 Pi 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) IAr 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, is 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 is Substantial Completion, City (or Architect, if applicable)'s aforesaid recommendation will be binding on City and Contractor until final payment. ATTACHMENT"K" IS Page 1 of 2 fr N 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 and complete or correct items on the tentative list. 1.02 Partial Utilization a. 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 Contract 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 performance 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 any such part of the Work which City believes to be ready for its intended use and 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. l 2. Contractor at any time may notify City (and Architect, if applicable) in writing that Contractor considers any such part of the Work ready for its intended use and substantially 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 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" Page 2 of 2 r1» I a a RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION,AND ALTERATION OF FACILITIES ATTACHMENT L SPECIAL PROVISIONS a 91/1 r fi S ail a a Ii og W a a a fit P I RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES go ATTACHMENT L SECTION A - SPECIAL PROVISIONS as A-1 Time and Place of Receiving Proposals/Pre-bid Meeting Sealed proposals will be received in conformity with the official MU 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: MO City of Corpus Christi City Secretary's Office Si 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: Gracie Mesa, SR. Project Manager 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 sitc visit will follow. a No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations a 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, electrical, plumbing, flooring, sheetrock, and/or air conditioning systems, etc. Rehabilitation is defined as work that involves the MO 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 S 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 Ito hi 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 S The following items are required to be submitted with the proposal: P Sir Section A - SP (Revised 12/15/04) ATTACHMENT L Page 1 of 24 iS r* I ene JOB ORDER CONTRACT (JOC) • , NI 2. Disclosure of Interests Statement 1140, 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. A-7 Workers Compensation Insurance Coverage 011 If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and Pto replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the 10 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. IN Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation PP 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 few daily rate elsewhere specified in this Contract. Such liquidated damages will O 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. OV In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such Ah' individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been MO provided to the Contractor and the City Engineer. A 8 Faxcd Propoaala 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 I ON S A 9 Acknowledgment of Addenda rm it The Contractor shall acknowledge rcccipt of all addcnda received in the appropriate space provided in the proposal. Failure to do so will be [t" interpreted as non receipt. Since addenda can have significant impact on the ' proposal, failure to acknowledge rcccipt, and a subsequent interpretation of non rcccipt, could have an adverse effect when determining the lowest responsible bidder. r A-10 Wage Rates (Revised 7/5/00) it Labor preference and wage rates for building construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic it employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. el The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The rkto Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- ii weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) ' it One and one-half (1%) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) 11, 5 A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1- 800-669-8344, and the Southwestern Bell Locate Group at 1-800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 361-826-3500 Project Manager 361-826-3550, 826-3594 Traffic Engineering 880-3540 dm Police Department 882-1911 Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) is 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 Section A - SP (Revised 12/15/04) ATTACHMENT L Page 3 of 24 S SI A E P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) MI 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) MI KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 MO A-12 Maintenance of Services r 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 MI 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 PR 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. a In the event of damage to underground utilities, whether shown in the `Rs 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 MS 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, MB 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. 111* 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 Pr Sufficient traffic control measures must be used to assure a safe condition la 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 iM of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Section A - SP (Revised 12/15/04) ATTACHMENT L Page 4 of 24 W r All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. P. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical pr 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 M1 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 it 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. M1 All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. x'° All necessary removals including but not limited to pipe, driveways, it sidewalks, etc. , are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. 411 A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other '14 unwanted material becomes the property of the Contractor and must be removed hi from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. PR A-17 Ficld Office- 3AB The Contractor must furnish thc City Engineer or his representative with a field office at thc construction site. The field office must contain at least ha 120 square feet of useable space. The field officc must be air conditioned and h ated 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 officc on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field officc. r 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: is Section A - SP (Revised 12/15/04) ATTACHMENT L Page 5 of 24 MS a 1 1. Initial Schedule: Submit to the City Engineer three (3) days prior to i! 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. rfff 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. r 5. Periodic Update: Submit Updated Construction Progress Schedule to show Ma actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control la 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. 11* 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 MO Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed lino and ,r grade to properly execute thc work, thc Contractor shall obtain approval of thc City or Consultant Projcct Enginccr prior to deviation. If, in the opinion of the City or Consultant Project Enginccr, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Enginccr to revise the drawings. ha The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at thc 1" completion of the paving process. Also, the City or Consultant Project Enginccr may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and it speeifi ations. Said compliance ccrtifieeation shall be provided and prepared by a Third arty independent Registered Professional Land Survey (R.P.L.S. ) 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 any regulatory permits. Following is the minimum schedule of documentation rcquircd: it Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow lino both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. la Section A - SP (Revised 12/15/04) p. ATTACHMENT L Page 6 of 24 ha I Wastewater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipc and flow linc) (TXDOT and RR permits) . Stormwatcr: • All rim/invert 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 will be borne by the Contractor and deducted from the payment to the Contractor. NO The Contractor must provide all applicable certifications to the City Engineer. a A 21 Project Signs The Contractor must furnish and install 1 Project signs as indicated on the 1111 following drawings. (Attachment IV) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. IN A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) Po 1. Policy all It is the policy of the City of Corpus Christi that maximum opportunity 'we is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions I 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, Iwt association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any it Section A - SP (Revised 12/15/04) ATTACHMENT L Page 7 of 24 I .44 IA combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority ' person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more 5 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) . mow 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive rtm 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. Pr, e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. • f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in ki 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 fof performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, 64 Section A - SP (Revised 12/15/04) ATTACHMENT L Page 8 of 24 S fvo S r managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a 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 % F4 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 Conti<ctor or from project to project for the sole purpose of Pr, meeting the Contractor's percentage is prohibited. 4. Compliance p!+ a. Upon completion of the Project, a final breakdown of MBE L. participation, substantiated by copies of paid invoices, shall be IN submitted by the Contractor to the City Engineer. rrt 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 A-23 Inspection Required (Revised 7/5/00) two 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 thc building is complctcd and rcady for occupancy. Contractor must obtain thc Ccrtificatc of Occupancy, whcn applicablc. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest Section A - SP (Revised 12/15/04) ATTACHMENT L Page 9 of 24 I gtm MO in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of M) the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified MO 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." hi A 25 Saloo Tax Excmption (NOT USED) Section B 6 22, Tax Exemption Provision, is deleted in its entirety and the IS following substituted in licu thereof. Contracts for improvcmcnts to real property awarded by the City of Corpus Christi do not qualify for exemptions of Sales, Excise, and Use Taxes unless is the 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 the Texas Administrative Codc, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. 10 If the Contractor elects to operate under a separated contract, he shall: woe MM 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. 3. Provide resale certificates to suppliers. 1. Provide the City with copies of material invoices to substantiate the proposal value of materials. r. If the Contractor docs not elect to operate under a separated contract, he O M must pay for all Sales, Excise, and Use Taxes applicable to this Project. ' Subcontractors arc eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must is,ue a resale OM certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. P* Section A - SP (Revised 12/15/04) ATTACHMENT L Page 10 of 24 km r S OM A-26 Supplemental Insurance Requirements IPA Mi 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: NO 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 ON Engineering Services Department Attn: Contract Administrator yom 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 NS 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. MI 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 NN Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: vrf Contractor agrees to indemnify, save harmless and defend the City, NO its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, NO 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 NO injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any Pr+' person indemnified hereunder. A 27 Rcsponcibility for Damagc Claims NOT USED Paragraph (a) General Liability of Section B 6 11 of the General Provisions is MO amended to include: r. coverage for the term of the Contract up to and including the date the SM Section A - SP (Revised 12/15/04) 4'"` ATTACHMENT L Page 11 of 24 ON i City finally accepts the Project or work. Builder's Risk or Installation Floatcr coverage must bc an "All Rick" form. Contractor must pay all 1M costs necessary to procure such Builder's Risk or-Installation Floatcr insurance coverage, including any deductible. The City must bc named additional insured on any policics providing such incurancc coverage. MN A 28 Considerations for Contract Award and Execution rm To allow thc City Engineer to determine that thc bidder is able to perform its obligations under thc proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the fir basis for the lien claim, and the date of the release of the lien. If any such lien has not been rel aced, the bidder shall state why the claim am has not been paid; and re 2. Whether there arc any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name ,and addres., of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. is A bidder may also be required to supply construction references and a re financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other 41 authorized party, specifying all current assets and liabilities. re 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 txt Engineer. 5 The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, " and familiarity with the submittal process, federal and state wage rate IN requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is re being performed. 00 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. re Foremen cannot act as superintendent without prior written approval from the 00 City. re Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or MO replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. r ) le Section A - SP (Revised 12/15/04) ATTACHMENT L Page 12 of 24 00 Il"+ 40 Pat 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 al not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration - staff for this Project during the term of the Contract, such a failure constitutes a al basis to annul the Contract pursuant to section B-7-13. Pm A 30 Amcndcd "Conoidcration of Contract" Rcquircmcnto Y Undcr "Ccncral Provisions and Requirements for Municipal Construction Contracts" Scction B 3 1 Consideration of Contract add thc following tcxt: Within five (5) working days following thc public opening and reading of thc ON proposals, thc three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Enginccr the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; Pm iN 3. A schedule of values which specifics estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Pm Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by iN federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will 11* be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. al 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will SS perform the work. The City Enginccr retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written al approval by the City Enginccr of all of its subcontractors prior to beginning work on the Project. If the City Enginccr docs not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Enginccr retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. al Such approval will not be given if the rcplaccmcnt of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which - to annul the Contract pursuant to Section B 7 13; r Section A - SP (Revised 12/15/04) ATTACHMENT L Page 13 of 24 W a 7. A preliminary progress schedule indicating relationships between thc major components of thc work. The final progress schedule must be it submitted to thc City Engineer at the pre construction conference; 8. Documentation required pursuant to thc Special Provisions A 28 and A 29 concerning Considerations for Contract Award and Execution and thc MO Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A 35 K, if appli able. it 10. Within five (5) days following bid opcning, submit in lcttcr form, information identifying typo of entity and otate, i.c. , Tcxao (or other otatc) Corporation or rkartnorohip, and namc(o) and Titic(o) of A-31 Amended Policy on Extra Work and Change Orders 7 ki 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: re IV 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 MA acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. *10 A-32 Amended "Execution of Contract" Requirements NI Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 r'+ Execution of Contract add the following: MO 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 ro" 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, SO 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. r" 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 it obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre Bid Hooting referred to in Spccial Provision A 1. Itmo A-34 Precedence of Contract Documents it 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 it construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In t9" the event of a conflict between any of the Standard Specifications with any MO 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 P* Provisions and Supplemental Special Provisions (if applicable) , construction Section A - SP (Revised 12/15/04) ATTACHMENT L Po Page 14 of 24 a m4 plans, referenced specifications, Standard Specifications, and General Provisions, in that order. I A 35 City Watcr Facilitica: Special Rcquircmcnt3 (NOT USED) A. Visitor/Contractor Orientation 110 Prior to performing work at any City water facility, the Contractor, ow his subcontractors, and coach of thcir employees must have on thcir person a valid cord certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Watcr Department personnel for those persons who do not have such a ard, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. r- B. Operation of City Owned Equipment The Contractor shall not Start, operate, or stop any pump, motor, I valve, cquipmcnt, switch, brcaker, control, or any other item operated by an operator or other authorized maintenance employee of the City Water Department. S C. Protection of Watcr Quality E* The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 00 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any 00 other items, which could come into contact with potable water, must conform to 7lmeri an National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. S Such matcrialo include all aolvcnt3, cleaners, lubricant3, ga3kct3, thread compound3, coatingo, or hyd aulic cquipment. Thcoc item3 por3onncl immcdiatcly prior to u3o. r, The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. re E. Handling and Diopoaal of Traoh 411 All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility ha site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION Section A - SP (Revised 12/15/04) ATTACHMENT L Page 15 of 24 r • . ^ . � ^ . ^ ^ a ' " . ^ " • . " . ^ . . C1)i • • • • tC. N ^ . . I . I I " ` " = . . . . ° ° . . . . . • . 0 . " . . . " � . . . . ' . . I d ^ � �. . . ' . . I . a 100 I � 0 I . .^�. . ' . " . . . .. 0 . ^ o " I � 0 I I I •. w . . " ° . . " ^ ~ . . . . " . ^ . ' . ° V ' . � . . � ` � . . . . • . . " . ' . 0I . " • " . ' . ° . � ° . . ° . . � � " . . • . a . ° ` " " . " ° . " d � . . " " . . . . ^ . . . . . . . " " �. .. . n . • . I " . * . . " " . � " ' •. " " . ~ " ° . . . . . ^ ' ° + " " " 0 " . " . . • " a . . . . ° ^ ` . ^ � � . p 40I 1 . . . ' � " �. , � ' � . . . 0 ` � ' 1 •" • ^ 01 ' . . " . . • 0 . ° . 0 " " " 04 " . ^ " '" . . " . . . ° . " ° ' . " . . " ° ` ° 0 " ` 0 ^ . | .` " . . • . . ' � " . � 0 ° ' • . . � . . � . " . . � 0 . . . 0 ` ` . : . ' . . * I a .. . " � . " " . ^ . 01 . , . ° . " � 0 . . . . ° " . � I . . ^ ^ • . . " " " . ° . ^ . . . . | 0 1 " . -. � .. . . `. . . . . . . . . .` " " ° �' ' " " | � " . . . " . . . . " ° .. 0 . 4 . I .. 0 ". 09 .^ 0 ° 0 .. " . .. " . . .. . ^ | �| . D ' ° ' ' ^ ' ' ^ ° ° ^ ° ' ! . ' ^ � ^ ' ` ' ' a | . ° ° . . .. a . . . �" ^ ° . . I . " ° ° " .. -. " 14• I ' | " .' ` 9 •' � . I " ^ . 1 " ' | I . , ° � . . " � . ° , . I . I ° . I 0 " .. " . 1 . " " . . . | . " 04 . . ^ " . . . ^ . I - ^ . " . .` 4 " • . • . " ` . | • 0 ^ " . ^ . 0 4 .` 9 1 . ^ I ^ . " ° .` . •^ � 1 �. � . '. .` . 9 " . . ° . I | ; . • .` 0 ^ . 4 . ` . . . . . " , " '" ° . •^ ° . " . . . . �^ . 1 " . | 4 . . , . a � � 0 . " ° . . . I 1 ^ " " " . .^ " .` ~ ` . . . ° . I . " �. . ^ ° . . ° � . . I . . . ° ^ ' 0 ~ . ° " . . . . ^ ^ " . a ^ ^ 4 ^ a . " ° . ' ` . . . . � . .. . .. . . . . . ` " . � • 1 ` | 0 . " " . . . " .' . ' . • . � . � " " � ; I � ° . . . . . " . ^ . a . ^ ° " .• ' . . ` " . . ° I . ` ` 4 " . . . ° . •. . -. ° ~ " .. . ^ . . . " � �. ° " . " . . . " " ` . " . 0 " . . . � . . . ' . . ° ^ . . . ^ " . " 0 ` " " ^ ° a . . . . ^ . ^ . . " | � . . ^ " ` ° . " . • . " ^ . 1 " " 0 " " " " " . 0 ° " ` . . 10 . .` . . .. " • . ` . 0 " | | ' ' " " 0 0 " �� 1 " . . 1 . . " ^ . .. • • ^ ` .^ .'•. . . . ° . . . ^ * . " .• ^ .` . ^ . . .. � . " : : -I• " . ° ." . . "" " ^ . . ^. ` . . . " . . " . ' . . � . � . ^ . . . ` ^ . . " . . . . . " . " : . " . " � ° . " . . " . . " ' ^ ' ' ' " 0 ' i � ' , � " . . | . � , i 1 }� �� , " " . ' ^ . . . . . . . 1 rig not practical, all equipment of a given type will be the product of one manufacturer. W 8. Prior performance at the 0. N. Stevens Water Tr atmcnt Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Projcct. 9. The Contractor shall produce all filled out programming �1 blocks required to show the programming as needed and rcquircd, to add these two systems to the existing City SC11D11 system. Attached is an example of the rcquircd 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 ti Contractor will provide all p g g blocks used. L. Trenching Requirements NO r 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 trenching machines shall be allowed on the project. ti A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure it outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. WI b. Reproducibles: In addition to the required copies, the Contractor tow shall also submit one (1) reproducible transparency for all shop drawings. it 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 ew must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, it verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in rf accordance with the requirements of the Project and Contract documents. it e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. r Section A - SP (Revised 12/15/04) ATTACHMENT L Page 17 of 24 la g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which 111 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. it I Resubmittals: Contractor must revise and resubmit submittals as Igo required by City Engineer and clearly identify all changes made since previous submittal. G j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, ail any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for it approval. Otherwise, the related equipment will not be approved for use on the project. PP A 37 Amended "Arrangement and Charge for Water Furni3hod by the City" NOT USED Under "Ccncral Provisions and Requirements for Municipal Construction Contracts", B P9* 6 15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . Thia includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." r 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 The issuance of a certifi ate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B 8 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate 116 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 t Section A - SP (Revised 12/15/04) ATTACHMENT L Page 18 of 24 d 1 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 a 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, mr employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, it supplier or materialman. A-44 Change Orders kg 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 ro, change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown ig information shall be submitted by contractor as a basis for the price of the change order. P^ A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities P1°" constructed and keep accurate records of location (horizontal and MN 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- !" Section A - SP (Revised 12/15/04) ATTACHMENT L Page 19 of 24 !* built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: 1 (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. is (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. it A 46 Disposal of Highly Chlorinated water (7/5/00) NOT USED 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 permissible limits for discharge into ha wetlands or environmentally sensitive ar as. These 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 Mt the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. it A 47 Pro Construction Exploratory Excavations (7/5/00) NOT USED Irfo Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 feet of propesed 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 excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey it the accurate horizontal and vertical locations of said parallel pipelines at 300 feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval 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 pipelines. it Contractor shall perform no construction work on the projoct until all • Inot reported to the Engineer and until Contractor receives Engineer's approval of it report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement 1 the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. x A-48 Overhead Electrical Wires (7/5/00) ( Section A - SP (Revised 12/15/04) ATTACHMENT L Page 20 of 24 Es MI 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., rm to ensure that adequate safety is provided for all of his employees and it 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 MI 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 Mi safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: low MS "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 IOW 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 a Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed '`P`4 through a change order to the contract." MS A 51 Electronic Submittal of Bida Thc following paragraph modifies aragraph B 2 7 Preparation of Proposal, of MN the General Provisions: Thc bidder has the option of submitting a computer generated print out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print out, the print out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "oample" print out is shown in Attachmcnt 1. In addition, the print out will contain the following statement and signature, after the last bid item: hi (Contractor) herewith certifies that the unit prices shown on this print out for bid items km Section A - SP (Revised 12/15/04) ATTAC Page224 W (including any additive or deductive alternates) containcd in this proposal arc the unit prices and no other Information from this print out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be r ad as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this Pm print out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. MI (Signature) (Title) hi (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, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major Pm 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. r" A 53 Duat Control Contractor shall take reasonable m asures to prevent unnecessary dust. Earth surfaces aubjcct 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 Dowatcring and Disposal 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, and shall include all costs to provide a dry foundation for the proposed 111 improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an arca where ponding occurs naturally without leaving the designated work arca or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without ! permission. It is the intent that Contractor discharge groundwater primarily 1 Section A - SP (Revised 12/15/04) ATTACHMENT L Page 22 of 24 r 1 few into thc cxi3ting storm wator system, providod that thc quality of groundwater is equal to or bcttcr than the rcccivingstrum qu (Ooo Crcck) . Testing of 11111 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, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new arca of construction is started. Zlnothcr option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the ' Contractor shall contact Tilo Schmidt, Wastewater Pre treatment Coordinator at 826 1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. r a I I ■ e 6 r Section A - SP (Revised 12/15/04) _ ATTACHMENT L Page 23 of 24 I I err SUBMITTAL TRANSMITTAL FORM PROJECT: OWNER: CITY OF CORPUS CHRISTI Pm IS ENGINEER: ... CONTRACTOR: NO SUBMITTAL DATE: SUBMITTAL NUMBER: 41'w APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Alsis a pp, a sto a N r NI it Section A - SP (Revised 12/15/04) ATTACHMENT L Page 24 of 24 km r RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT M GENERAL PROVISIONS S 11111 S r r S II S S a S RFP NO. 2014-07 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) MS FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES 011* ATTACHMENT M GENERAL PROVISIONS 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 B-2-2 Quantities in Proposal Forms 4 SO B-2-3 Examination of Plans, Specifications, and Site of the Work4 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 to B-2-8 Proposal Guaranty 5 B-2-9 Filing of Proposal 5 B-2-10 Withdrawing Proposals 5 B-2-11 Cancellation of Bid Opening 6 B-2-12 Opening Proposals 6 B-2-13 Irregular Proposals 6 B-2-14 Rejection of Proposals 6 B-2-15 Disqualification of Bidders 6 W 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 OS B-3-3 Equal Opportunity Employer Provisions 7 B-3-4 Surety Bonds 8 B-3-5 Execution of Contract 8 B-3-6 Failure to Execute Contract 8 B-4 Scope of Work B-4-1 Intent of Plans and Specifications 9 r, B-4-2 Subsidiary Work 9 B-4-3 Increased or Decreased Quantities of Work 9 OS B-4-4 Alteration of Plans and Specifications 10 B-4-5 Value Engineering Incentive Procedures 10 B-4-6 Extra Work 11 B-5 Control of the Work and Materials B-5-1 Authority of the City Engineer 11 B-5-2 Authority of Duty of Engineers or Inspectors 11 B-5-3 Conformity with Plans 11 B-5-4 Existing Structures 11 01 B-5-5 Coordination of Plans, Specifications, Proposal & Special Provision 12 B-5-6 Cooperation of Contractor 12 B-5-7 Construction Staking 12 MO 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 MO B-5-12 Removal of Defective and Unauthorized Work 13 B-5-13 Final Inspection 14 B-5-14 Warranty Inspection 14 Os TABLE OF CONTENTS/PAGE 1 OF 2 Attachment M (rev. Nov/94) Page 1 of 32 Ms MO OM ma B-6 Legal Relations and Public Responsibility 44 B-6-1 Laws to be Observed 14 B-6-2 Permits and Licenses 14 MO B-6-3 Patented Devices, Materials and Processes 15 B-6-4 Sanitary Provisions 15 B-6-5 Public Conveniences and Safety 15 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 B-6-9 Use of Explosives 16 toge B-6-10 Protection and Restoration of Property 16 MI B-6-11 Responsibility for Damage Claims 17 B-6-12 Contractor's Claim for Damages 19 B-6-13 Public Utilities and Other Property to be Changed 19 B-6-14 Temporary Sewer and Drain Connections 19 B-6-15 Arrangement and Charge for Water Furnished by the City 19 B-6-16 Use of fire Hydrants 19 B-6-17 Use of a Section or Portion of the Work 19 riP B-6-18 Separate Contracts 20 MI 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 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 MI B-7-4 Limitation of Operations 22 B-7-5 Character of Workmen and Equipment 22 B-7-6 Working Hours 22 B-7-7 Time of Commencement and Completion 22 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 ro 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 MI B-8 Measurement and Payment B-8-1 Measurement of Quantities 25 B-8-2 Unit Price 25 B-8-3 Scope of Payment 25 B-8-4 Payment for Extra Work 26 OM B-8-5 Policy of Extra Work and Change Orders 26 B-8-6 Partial Estimates 27 B-8-7 Withholding Payment 27 B-8-8 Final Cleanup 27 B-8-9 Final Acceptance 28 B-8-10 Final Payment 28 Fg B-8-11 Maintenance Guaranty 28 hi MI TABLE OF CONTENTS/PAGE 2 OF a l ' Attachment M (rev. Nov/94) Page 2 of 32 111 ii SECTION B GENERAL PROVISIONS AND REQUIREMENTS MO FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS onq B-1 DEFINITIONS AND ABBREVIATIONS: B-1-1 Definition of Terms: Fix 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: MO Advertisement: All of the legal publications pertaining to the work contemplated or under contract. am 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. W City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. City Engineer: The Head of the Department of Engineering Services of the City MO of Corpus Christi, Texas. City Manager: The Manager of the City of Corpus Christi, Texas. MI 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 MI 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 1111 completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day: a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather or other conditions affecting the site, not under the control of the Contractor, will in the 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. Attachment M Page 3 of 32 Page 3 of 32 I ofq Each calendar day, not including Sundays or legal holidays, in which the 0 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 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 rft Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture entering into contract for the execution of the work, acting directly or through a duly authorized representative. Engineer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. a General Provisions: This Section B of the specifications. PO Holidays: The terms regular holidays and legal holidays, for the purposes of Mt 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 `o" Memorial Day Labor Day Christmas Day Maintenance Guaranty: The approved form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work 'em constructed by him in good condition for the period of time required. This shall be in accordance with the provisions of the specifications and may be made a part of the Performance Bond. Payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and/or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may issue in order to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Proposal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as a guarantee of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. Attachment M Page 4 of 32 `' Page 4 of 32 I ■ Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict. Specifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the qualities or quantities of the frs material to be furnished under the contract. W 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. a fiv I 1 mvt a a NO • I a I km Attachment M Page 5 of 32 Page 5 of 32 I r" I wo S ro B-1-2 Abbreviations: ill Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other ,R document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: II A.A.S.H.T American Association of H.S. Horseshoe .0. State Highway and In. or " Inches S Transportation Officials Lb. or # Pound Ac. Acre L.F. Linear Foot PR A.C. Asbestos Cement Lin. Linear A.C.I. American Concrete L.S. Lump Sum II A.N.S.I. Institute Max. Maximum Asph. American National M.H. Manhole A.S.T.M. Standards Institute Min. Minimum Ave. Asphalt Mono. Monolithic S A.W.P.A. American Society for M.U.T.C. Manual of A.W.S. Testing Materials D. Uniform A.W.W.A. Avenue Traffic FR Blvd. American Wood Preservers Control W 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 II C.O. Boulevard Prop. Property Line Conc. Cubic Foot P.V.C. Proposed or Cond. Cast Iron R. Property Corr. Center Line R.C.P. Poly Vinyl iiii C.P.& L. Corrugated Metal Pipe Reinf. Chloride Cu. Cleanout Rem. Radius Culv. Concrete Rep. Reinforced mf C.Y. Conduit R.R. Concrete Pipe MS D.I. Corrugated R/W or Reinforced Dia. Central Power & Light ROW Remove Dr. or Company S. Replace Dwy Cubic San. Railroad 5 E. Culvert S.F. Right-of-Way Ea. Cubic Yard Sq. South Elev. Ductile Iron St. Sanitary Exist. Diameter Std. Square Foot W ' F. Drive or Driveway S.Y. Square F.L. East T.C. Street or Storm Ft. or ' Each Tel. Standard wr Gal. Elevation V.F. Square yard IM G.L. Existing W. Top of Curb G.P.M. Fahrenheit W.U.T. Telephone H.N.G. Flow Line Yd. Vertical Foot riP Feet West MIGallon Western Union Gutter Line Telegraph Gallons per Minute Yard r" Houston Natural Gas Co. 1 Metrics: cm Centimeter m Meter r gm Gram mgm Milligram le kgm Kilogram mm Millimeter km Kilometer Other abbreviations that may appear shall have the meaning customarily intended in such usage, circumstances, and context. I Attachment M Page 6 of 32 Page 6 of 32 Iii r" iv r B-2 PROPOSAL REQUIREMENTS AND CONDITIONS: S B-2-1 Proposal Form: The City will furnish bidders with proposal forms which state the general S 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 which bid prices are asked. The proposal form will provide for the amount of proposal guaranty, the contract time, and the acknowledgement of addenda MO received. B-2-2 Quantities in Proposal Form: 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 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. B-2-3 Examination of Plans, Specifications, and Site of the Work: 9014, Bidders are advised that the plans and specifications and other documents on file with the City Engineer shall constitute all of the information which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal sites for 110 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 114/ the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official Pot thereof, other than that shown on the plans and contained in the specifications, a 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 MI the bidder has made the examinations, investigations, and tests required herein. B-2-4 Forms, Plans and Specifications: Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the MS 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 P. requirement, the sum of the Plans Deposit shall become the property of the City MO of Corpus Christi, Texas. B-2-5 Addenda: P"," Addenda to the plans and specifications, which are formal written notices of NS 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 r. City Engineer. Such addenda will be mailed immediately to the address designated by prospective bidders taking out plans, specifications, and proposal forms. ew Attachment M Page 7 of 32 Page 7 of 32 611 3 Pro WB-2-6 Pre-Bid Conference: Any prospective bidder may request a pre-bid conference to discuss the plans, specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has MO furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location of the pre-bid conference. Any clarification to the ' contract documents deemed necessary as a result of the pre-bid conference will be made by written addenda. MO B-2-7 Preparation of Proposal: 1v 40 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 P' 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 PR 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 04 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 MN 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 wro their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with MS 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 NImg 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 MO 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 w awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten (10) NO 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. rq 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 4.% 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 MO 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 Pos description of the project as designated in the "ADVERTISEMENT". B-2-10 Withdrawing Proposals: Proposals filed with the City Secretary cannot be withdrawn or modified prior to the time set for opening proposals. Request for non-consideration of 1111 proposals must be made in writing addressed to the City Engineer and filed with Page 8 of 32 Attachment M N Page 8 of 32 al the City Secretary prior to the time set opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is 114 properly requested may be returned unopened. B-2-1l 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: NO The proposals filed with the City Secretary will be opened at the time stated !r' in the advertisement and publicly read aloud and shall thereafter remain on file 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. B-2-13 Irregular Proposals: Proposals will be considered irregular if they show any omissions, failure to rq properly account for duly issued addenda, alterations of form, additions, L▪. 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: IN 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. iN Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. IN (b) Proposal submitted without the required bid security. PO (c) Proposal submitted and not sealed and/or identifiable to a particular project. B-2-15 Disqualification of Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes. (e) Uncompleted work which, in the judgment of the City, will prevent or hinder the prompt completion of additional work if awarded. (f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. Attachment M Page 9 of 32 Page 9 of 32 tar P" S PIP S 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 P' a part of the proposal. Prospective bidders may submit the form with their 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 mm' award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City. B-3-2 Award of Contract: The City reserves the right to withhold the award of the contract for a MI reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, the bidder may be requested to submit statements regarding previous experience in performing comparable or MS similar work, his business or technical organization and equipment to help the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty-eight (48) hours shall have elapsed from the time of opening proposals. B-3-3 Equal Opportunity Employer Provisions: W Every Contractor must agree that during the performance of his contract he will: (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. orkm (2) Identify himself as an equal opportunity employer in all help wanted MI advertising or requests. The Contractor is hereby advised that any complaints filed with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of bids will be referred to the Human W Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be PI 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 Si 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 City Engineer with a copy to the Contractor and be included in any future bid award recommendations. M. Attachment M Page 10 of 32 Page 10 of 32 M off MS The City Council reserves the right to consider such reports in determining the 111 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. MO 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 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. (b) Payment Bond: A good and sufficient bond in an amount equal to one hundred percent (100%) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and/or material in the 11111 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 Fiff 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 Oil shall be issued by an approved surety company authorized to do business in the State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc. ) be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its le 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. as B-3-5 Execution of Contract: Attachment M Page 11 of 32 Page 11 of 32 a FFe P30" The person or persons, partnership, company, firm, association, corporation, or joint venture to whom a contract is awarded shall, within ten (10) calendar days OS 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. B-3-6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required urs insurance certificates, and sign the required contract within ten (10) calendar days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his proposal, and the City may annul the award. By reason of the uncertainty of the market prices of materials and labor and its being impracticable and difficult to determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately be forfeited to the City. The filing of a proposal will be considered an acceptance of this provision. B-4 SCOPE OF WORK: B-4-1 Intent of Plans and Specifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable he manner. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B-4-2 Subsidiary Work: In the course of furnishing or constructing a complete work or improvement, certain work may be necessary which is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified it in detail in the plans and specifications, other work may be less completely shown, and other such work which is entirely necessary for the satisfactory completion of the work as a whole may not be noted on the plans or in the ( specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. B-4-3 Increased or Decreased Quantities of Work: a (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 is will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any individual bit item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. Attachment M Page 12 of 32 Page 12 of 32 IN WI a (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 Ai 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. hi (d) When the quantity of work done or materials to be furnished under any Major aw 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. tw, (e) Any revised consideration is to be determined by special agreement or as is hereinafter provided under "Payment for Extra Work". a B-4-4 Alteration of Plans and Specifications: WI The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do ffq 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 AM invalidating any condition or provision of the contract and bonds. r B-4-5 Value Engineering Incentive Procedures: 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 w including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. 1W (3) An analysis of how the proposed change will alter the function, hi characteristics and/or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing requirement and the cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. a (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost savings. Any effect upon completion time or delivery schedule should also be noted. a The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City Engineer shall be final. If the VECP is not accepted, written notification will MB be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. tot Execution by both parties of a change order to the contract covering the Al proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing contract. Attachment M Page 13 of 32 Page 13 of 32 Mt a I11 I�r The Contractor's share of the savings resulting from approval of the VECP shall fro be fifty percent (50%) of the net cost savings calculated as follows: id 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. 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: tot B-5-1 Authority of the City Engineer: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between Contractors loPt 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 RP, the contract. B-5-2 Authority and Duty of Engineers or Inspectors: n 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 iiit 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 Teo 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 rff Contractor shall in no way be construed as binding to the City or release the la 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 MI 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 Yi for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the Engineer or Inspector under these circumstances will not be accepted or paid for. B-5-3 Conformity with Plans: All work shall conform to the lines, grades, cross-sections, and dimensions PI shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the City Engineer and authorized by him in writing. B-5-4 Existing Structures: The plans show the location of all known surface and subsurface structures. rio4 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 10 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 Ira for additional compensation for extra work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of special work for which no provision is made in the plans and which is not essentially subsidiary to some item of work for which provision is made. It is assumed that, as elsewhere provided, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether such conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement. ik 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 fotv scale dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications; and plans and MB 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. B-5-6 Cooperation of Contractor: The Contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one la copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or Inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish Page 15 of 32 Attachment M it Page 15 of 32 U r 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 km these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the Contractor until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the Contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that gutters, structures, and pipes which drain in a certain direction 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 of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall ■ furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B-5-9 Samples and Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. ■1 B-5-10 "Or Equal" Clause: All bids shall be based on the specified products. Where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal" or similar wording is used in connection with specified products, the Contractor may, if he so desires, offer for consideration a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the results, the Contractor shall, if in his judgment the process may not produce the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award r of contract. The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other a 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 ■ x,41 No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. MO B-5-11 Storage of Materials: Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed MM to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. B-5-12 Removal of Defective and Unauthorized Work: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately remove from the 4M 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 s given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in 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 MS 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 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. Ffe 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 iS modifications. B-5-14 Warranty Inspection: Forty-five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may be notified when this examination will be made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the ;0" Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the MI 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 N r B-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: 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 MM such law, ordinance, regulation or order, whether by himself or his employees. ro B-6-2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City 1114 fees) , give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. tom B-6-3 Patented Devices, Materials and Processes: If the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in MI 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 497 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: 004 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 MO 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 r" with. MO B-6-5 Public Convenience and Safety: Oro 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 MN 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 32 618 Attachment M Page 18 of 32 P* a iefq perform all work necessary for the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work or ' prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarm or police call boxes in the vicinity. e"" The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty-four hours notice in writing to the Contractor except in case of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done by the City shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any street is closed or obstructed. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such MI 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. a B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way: rof For the performance of the contract, the Contractor will be permitted to occupy MI 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 MI 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. MI B-6-7 Railway Crossings: Where the work encroaches upon any right-of-way of any railway, the City will MI 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 Pwm property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his 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: MI 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 Pg 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 10 Uniform Barricading Standards and Practices as adopted by the City. Attachment M Page 19 of 32 Page 19 of 32 a 10,1 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: hi 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 OR City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall be ON 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: MI 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, eve culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; hi 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 Poo character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage PAP 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 NI 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, hi 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-6-1l Responsibility for Damage Claims: The Contractor shall not commence work under this contract until he has obtained all insurance required herein and such insurance has been approved by hi the City. The Contractor shall not allow any subcontractor(s) to commence work until all similar insurance required of the subcontractor(s) has been so obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self-insured workers' compensation coverage, other documents, specified hereafter, may be substituted for the certificate of insurance just described) . The workers' compensation insurance policy need not list the City as an additional insured. Additionally, all certificates of insurance shall state the name of the project in the "Description of Operations" section of such certificate. These certificates and any subsequent insurance certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of Insurance shall state that ten (10) days written notice will be given the City before any policy covered thereby is changed or canceled and shall shown the following minimum coverage in Page 20 of 32 l Attachment M Page 20 of 32 r I 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 - Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the PAR certificate that it includes the "Hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANCE COVERAGE PR Bodily Injury and Consequent Death $300,000 Per Person U Bodily Injury and Consequent Death $500,000 Each Occurrence Property Damage $100,000 Each Occurrence ifft (b) Automobile Liability - Owned, Nonowner or Rented: MINIMUM INSURANCE COVERAGE Bodily Injury and Consequent Death $100,000 Per Person Bodily Injury and Consequent Death $300,000 Each Occurrence Property Damage $100,000 Each Occurrence Mg (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 IN 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 1 revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will be promptly met. (d) 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 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, Page 21 of 32 la Attachment M Page 21 of 32 a 004 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. rw 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 UP under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. us Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder. 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 rq 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 FIR 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 ANT entering upon the limits of the contract for the purpose of repairing or relaying hi 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: I When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are Page 22 of 32 MO Attachment M Page 22 of 32 a 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. ffl B-6-16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap and water main belonging to the City unless duly authorized to do so by the City of Corpus Christi, Water Division Superintendent. B-6-17 Use of a Section or Portion of the Work: Wherever, in the opinion of the Engineer, any section or portion of the work Pef or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final 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 a 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 7177 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 ,177 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: Inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or Page 23 of 32 61 Attachment M Page 23 of 32 wmt subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right to claim and recover by process of law sums as may be sufficient to correct any vow error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. B-6-21 Indemnification and Hold Harmless: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or wm consultants. hi 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 and Use Tax Act. x« The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95-0.07. mom 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 hi amended to be effective October 2, 1968. P 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 11 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 Mmm require highly-specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and/or workmen and shall be subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall, at all times when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. Wm B-7-2 Assignment of Contract: The Contractor shall not assign, transfer, convey or otherwise dispose of the contract or his right, title or interest in or to the same, or any part thereof, i1 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 Attachment M Page 24 of 32 r NO t * 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 um impracticable and extremely difficult to fix the actual damages. N1 B-7-3 Prosecution of the Work: Prior to beginning construction operations, the Contractor shall submit to the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of the work, this planned sequence and/or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract wie 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. 44.0 Such direction or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. B-7-4 Limitation of Operations: O N The work shall be so conducted as to create a minimum amount of inconvenience Fig 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 O employees, including equipment operators, may be imported only after the local supply is exhausted. P 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 r, 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 611 such person or persons shall not be employed thereon again without the written consent of the Engineer. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. B-7-6 Working Hours: N 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 Attachment M Page 25 of 32 N 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 MI 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 MI 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: 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 made in the manner hereinafter specified. B-7-8 Extension of Time of Completion: MO 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 est 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 11111 adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault or negligence of the Contractor, cave including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for PI 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 MO 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: rl Mi 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 rm materials, is actually commenced. a 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. MI B-7-10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day (calendar or working) that any work shall remain uncompleted after the time 41 specified in the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sum per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. Page 26 of 32 Attachment M Page 26 of 32 S MS ON Pm The sum of money thus deducted for such delay, or noncompletion is not to be it 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. rte B-7-11 Suspension by Court Order: NO 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 E Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. MN B-7-12 Temporary Suspension: The Engineer shall have the authority to suspend the work wholly or in part OM 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 V" 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; '9' he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written authority MN 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: a 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 MI 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. 410 (c) Failure of the Contractor to provide sufficient and proper equipment MI for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. MN (e) Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any MO requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. Page 27 of 32 Attachment M Mr Page 27 of 32 Yui 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 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 MN sureties in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees that the City shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall be deducted by the City out of such monies as may be due or may at any time 110 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 tfr actual cost of such work. In case such expense is less than the sum which would 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 ro employed as above provided by the City. B-7-14 Termination of Contract: lw 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. ro B-7-15 No Intent to Benefit Third Parties Notwithstanding anything contained in this Agreement to the contrary, PP 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. 114I r* Attachment M Page 28 of 32 Page 28 of 32 I sro ho B-8 MEASUREMENT AND PAYMENT: B-8-1 Measurement of Quantities: PIR 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 am 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 r that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. B-8-2 Unit Price: r. 10 Where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for construction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and 11 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: W 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 P► 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 poo 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. MO B-8-4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, bond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: rw Page 29 of 32 Attachment M Page 29 of 32 MO 60 S (a) By unit prices agreed on in writing by both parties, payment to be for NS 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 Pr► 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, a mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, sa" 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, a 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 PP" 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 W him for profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual ror field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. a 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. a B-8-5 Policy on Extra Work and Change Orders: PI The City Council of the City of Corpus Christi has adopted the following 01 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: it (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. MI (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 MI granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,000.00. L. 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 be so notified. Attachment M Page 30 of 32 w Page 30 of 32 I ,.:. wov it 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 IN 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 ft' 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 NS 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. r In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of work done since the last previous estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere Po herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and providing for retainage of greater than five percent (5%) of the total estimate, the amount retained shall be deposited in an interest bearing account and the MS 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: AN 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: 1104 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. MI B-8-9 Final Acceptance: 111* Whenever the improvement provided for by contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Engineer IN 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 Acceptance. a B-8-10 Final Payment: w" 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 Page 31 of 32 Attachment M IN Page 31 of 32 r 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 111 payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit (s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall be a release to the City from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said City relating to or connected with the contract. gqi B-8-11 Maintenance Guaranty: a The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, shall do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said MO 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 gwo 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. a (04 a r r ia rt r r Page 32 of 32 Attachment M Page 32 of 32 1w ire