HomeMy WebLinkAboutC2015-109 - 9/9/2015 - NA (](;kf •
SPECIAL PROVISION 2015-109
9/09/15
SPECIFICATIONS JE Construction Services LLC
AND
FORMS OF CONTRACTS AND BONDS FOR
ABC CONVENT I ON CTR . LOADING DOCK
REPAIRS
� . o . C .
FOR
AMERICAN BANK CENTER
CITY OF CORPUS CHRISTI, TEXAS
PHONE: (361) 826-4100
FAX: (361) 826-4905
AND
DEPARTMENT OF CAPITAL PROGRAMS
CITY OF CORPUS CHRISTI, TEXAS
PHONE: 361/826-3837
FAX: 361/880-3501
PROJECT NO: E15163 I
r DRAWING NO: 0 I
I
SPECIAL PROVISIONS
SPECIFICATIONS
AND
FORMS OF CONTRACTS AND BONDS FOR
ABC CONVENTION CTR . LOADING DOCK
REPAIRS
J . O . C .
I
FOR
AMERICAN BANK CENTER
CITY OF CORPUS CHRISTI, TEXAS
PHONE: (361) 826-4100
FAX: (361) 826-4905
I
I
AND
DEPARTMENT OF CAPITAL PROGRAMS
CITY OF CORPUS CHRISTI, TEXAS
PHONE: 361/826-3837
FAX: 361/880-3501
I
I
PROJECT NO: E151631. I
1 DRAWING NO: 0 I
ABC CONVENTION CTR. LOADING DOCK REPAIRS
PN: E15163
(Revised 6/27/99)
L. Table of Contents
NOTICE TO CONTRACTORS - A (REVISED MARCH 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B
Worker's Compensation Coverage for Building or Construction Projects
for Government Entities.
IM
PART A - SPECIAL PROVISIONS
A 1- Time and Place of Rocciving Propooals/Pre Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award/Explanation of Bid Items
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A 8 Faxed Propooalo
A 9 Acknowledgment of Addenda
A-10 Wage Rates
[0 A-11 Cooperation with Public Agencies
A-12 Maintenance of Services
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
A-15 Excavation and Removals
A-16 Disposal/Salvage of Materials
A 17 Field Office NOT USED
A-18 Schedule and Sequence of Construction
A-19 Construction Project Layout and Control
A-20 Testing and Certification
A 21 Project Signs
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required
LA-24 Surety Bonds _ _A-26 Supplemental Insurance Requirements
A 27 Responsibility for Damage Claimo (NOT USED)
C:
A 28 Considerations for Contract Award and Exccution
A-29 Contractor's Field Administration Staff
A 30 Amcxdcd "Consideration of Contract" Requirements
[10
A-31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
[0 A-34 Precedence of Contract Documents
A 35 City Water Facilities Special Requirements (NOT USED)
A-36 Other Submittals
ti
A-38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
A-39 Certificate of Occupancy and Final Acceptance
LieA-40 Amendment to Section B-8-6: Partial Estimates
A 41 Ozone Advisory
A-42 OSHA Rules & Regulations
[0 A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
A-45 As-Built Dimensions and Drawings
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A 46 Dicpocal of Highly Chlorinatcd Watcr (7/5/00) (NOT USED)
.. - - - --
A-48 Overhead Electrical Wires
A-49 Amended "Maintenance Guaranty" (8/24/00)
A-50 Amended Prosecution and Progress
A 51 Elcctronic Submittal of Bids (NOT-USED)
A-52 Value Engineering
A-53 Dust Control
A 54 Dcwatcring and Dicposal (NOT USED)
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
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EXHIBITS
[11 LIST OF DRAWINGS
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IONOTICE
AGREEMENT
PROPOSAL
PERFORMANCE BOND
[0 PAYMENT BOND
DISCLOSURE
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[0
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L,
� NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
L NOTICE TO CONTRACTORS - A
L INSURANCE REQUIREMENTS
REVISED MARCH, 2009
A Certificate of Insurance indicating proof of coverage in the following
lis amounts is required:
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
L 30-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates PER OCCURRENCE / AGGREGATE
ill Commercial General Liability including:
1. Commercial Form
L 2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazards
5. Products/ Completed Operations $ 2, 000, 000 COMBINED SINGLE LIMIT
Hazards
6. Contractual Liability
7. Broad Form Property Damage
10 8. Independent Contractors
9. Personal Injury
ri AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR
RENTED $1, 000, 000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION WHICH COMLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
EMPLOYERS' LIABILITY
$500, 000
EXCESS LIABILITY $1, 000, 000 COMBINED SINGLE LIMIT
$2,000, 000 COMBINED SINGLE LIMIT
L PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE.
Not limited to sudden & accidental ❑ REQUIRED
discharge; to include long-term
1: enviornmental impact for the disposal ❑✓ NOT REQUIRED
of contaminants.
L See Section b-6-11 and Supplemental
Insurance requirements
E: BUILDER'S RISK ❑ REQUIRED
❑ NOT REQUIRED
L See Section b-6-11 and Supplemental
Insurance requirements
[Is INSTALLATION RISK ❑ REQUIRED
E NOT REQUIRED
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PAGE 1OF2
The City of Corpus Christi must be named as an additional insured on all coverages
except worker's compensation liability coverage.
The name of the project must be listed under "description of operations" on each
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certificate of insurance.
For each insurance coverage, the Contractor shall obtain an endorsement to the
applicable insurance policy, signed by the insurer, providing the City with thirty (30)
days prior written notice of cancellation of or material change on any coverage. The
Contractor shall provide to the City the other endorsements to insurance policies or
coverages which are specified in section B-6-11 or Special Provisions section of the
contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
11 Should you have any questions regarding insurance requirements, please contact the
Contract Administrator at 826-3500.
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PAGE 2 OF 211
NOTICE TO CONTRACTORS - B
WORKER' S COMPENSATION INSURANCE
REQUIREMENTS
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Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS ' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110 . 110 Reporting Requirements for Building or
Construction Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following
meanings,unless the context clearly indicates otherwise. Terms not defined in this rule
10 shall have the meaning defined in the Texas Labor Code, if so defined.
10 (1) Certificate of coverage (certificate) --A copy of a certificate of insurance, a
certificate authority to self-insure issued by the commission, or a workers'
compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) , showing
[0 statutory workers' compensation insurance coverage for the person's or entity's
employees (including those subject to a coverage agreement) providing services on a
project, for the duration of the project.
10 (2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096 (e) (1) .
(3) Contractor--A person bidding for or awarded a building or construction project by
a governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of
110 the Texas Labor Code, §401.011 (44) .
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-
110 83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers'
Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G,
as one of employer/employee and establishes who will be responsible for providing
1110 workers' compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the
project until the work on the project has been completed and accepted by the
[110 governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)
-With the exception of persons excluded under subsections (h) and (i) of this section,
includes all persons or entities performing all or part of the services the contractor
has undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees. This
[0 includes but is not limited to independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or employees
of any entity furnishing persons to perform services on the project. Page 3 o f 11
Iv "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.
[0
Page 1 of 8
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(8) Project--Includes the provision of all services related to a building orji
construction contract for a governmental entity.
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(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
11
services on the project are covered by workers' compensation coverage, that the coverage
is based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements have been filed with the appropriate insurance carrier or, in the
case of a self-insured, with the commission's Division of Self-Insurance Regulation. 11
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. 11
(c) A governmental entity that enters into a building or construction contract on a
project shall: 11
(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 the11
coverage period ends during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for
three years thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and
to any person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and11
contracts, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose stricter
standards of documentation: Attached Graphic
11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the
j1
duration of the project based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the
project;
Page 2 of 8
(4) obtain from each person providing services on a project, and provide to the
governmental entity:
10 (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;
[0 (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,
[10 within ten days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project;
10 (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
10 current coverage and report failure to provide coverage. This notice does not satisfy
other posting requirements imposed by the Act or other commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
10 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
[0 (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;
10 (B) provide a certificate of coverage to the contractor prior to that person
beginning work on the project;
(C) include in all contracts to provide services on the project the language in
[0 subsection (e) (3)of this section;
(D) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
ISshown 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:
MS
(i) a certificate of coverage, prior to the other person beginning work on the
project; and
[110 (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
[10current certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal
delivery, within ten days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person providing
[0 services on the project; and
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(H) contractually require each other person with whom it contracts, to perform as 11/
required by subparagraphs (A) - (H) of this paragraph, with the certificate of
coverage to be provided to the person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the
duration of the project based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services11
on the project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project:
"By signing this contract or providing or causing to be provided a certificate of
coverage, the person signing this contract is representing to the governmental entity
that all employees of the person signing this contract who will provide services on
the project will be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the commission's
Division of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions. "
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(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 the11
certificate of coverage ends during the duration of the project;
(5) obtain from each person providing services on a project under contract to it, and
provide as required by its contract: 1/
(A) a certificate of coverage, prior to the other person beginning work on the
project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(6) retain all required certificates of coverage on file for the duration of the 11
project and for one year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, 11
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
11
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll 1
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;
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(D) provide, prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
Page 4 of 8
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(E) obtain from each other person under contract to it to provide services on the
project, and provide as required by its contract:
LP (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
10 showing extension of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal
delivery, within ten days after the person knew or should have known, of any
[0 change that materially affects the provision of coverage of any person providing
services on the project; and
10 (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.
IN
(f) If any provision of this rule or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions or applications of this
rule that can be given effect without the invalid provision or application, and to this
end the provisions of this rule are declared to be severable.
10 (g) This rule is applicable for building or construction contracts advertised for bid by
a governmental entity on or after September 1, 1994. This rule is also applicable for
those building or construction contracts entered into on or after September 1, 1994,
which are not required by law to be advertised for bid.
(h) The coverage requirement in this rule does not apply to motor carriers who are
required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas
Department of Transportation and who provide accidental insurance coverage pursuant to
[0 Texas Civil Statutes, Article 6675c, §4 (j) .
(i) The coverage requirement in this rule does not apply to sole proprietors, partners,
111 and corporate officers who meet the requirements of the Act, §406.097 (c) , and who are
explicitly excluded from coverage in accordance with the Act, §406.097 (a) (as added by
House Bill 1089, 74th Legislature, 1995, §1.20) . This subsection applies only to sole
proprietors, partners, and corporate executive officers who are excluded from coverage in
an insurance policy or certificate of authority to self-insure that is delivered, issued
for delivery, or renewed on or after January 1, 1996.
Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994,
19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
110
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T28S110.110 (d) (7)
"REQUIRED WORKERS' COMPENSATION COVERAGE" 3
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers ' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee. "
"Call the Texas Workers ' Compensation Commission at 512-440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. "
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T28S110. 110 c (7)
Article . Workers ' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84) , showing statutory workers '
compensation insurance coverage for the person 's or entity's employees providing
services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person 's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406. 096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the
contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing
that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing
services on the project.
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H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers ' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401. 011 (44) for all of its employees providing services on
the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the current 11
certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
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(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, 11
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and 11
(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. 11
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers '
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage 11
agreements will be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the commission 's Division of SelfPage 11 of 11 Insurance Regulation.
Providing false or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after receipt
of notice of breach from the governmental entity.
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Page 8 of 8
PART A
SPECIAL PROVISIONS
r
ABC CONVENTION CTR. LOADING DOCK REPAIRS
PN: E15163
1110 SECTION A - SPECIAL PROVISIONS
A 1 Time and Place of Receiving Propo3al3/Prc-Bid Meeting
located on the first floor of City Hall, 1201 Lcopard Street, until 2:00 p.m. ,
I. Wednesday, N/A. Proposals mailed should be addressed in the following manner:
City of Corpus Christi
City Secretary's Office
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL N/A
IN A prc bid meeting will be held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT
TIME HERE. The meeting will convene at the Engineering Services Main Conference Room,
Third Floor, City Hall, 1201 Leopard Strcct, Corpus Christi, TX. and will include a
discussion of the project elements. If requested, a site visit will follow.
No additional or separate visitations will be conducted by the City.
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern
A-3 Description of Project
This project will consist of mud jacking the concrete loading dock to raise and level
:: the existing slab. The expansion joints will be cleaned and caulked. The existing metal
expansion joint cover will be removed and replaced with a bridge deck type joint.
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10 A-4 Method of Award
The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through
the use of RSMeans cost pricing.
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
Sa M4.4 n.... = o - -
CONTRACT (JOC)
(A Ca3hier's Check, certified check, money order or bank draft from any State or
National Bank will alio be acceptable. )
2. Disclosure of Interests Statement
3. Submittal of Materials
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Section A-SP
(revised 12/15/04)
Page 1 of 22
A-6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 60 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") to11
proceed.
For each calendar day that any work remains incomplete after the time specified in the
Contract for completion of the work or after such time period as extended pursuant
to other provisions of this Contract, $300 per calendar day will be assessed
against the Contractor as liquidated damages. 11
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 11
If the Contractor's workers' compensation insurance coverage for its employees working
on the Project is terminated or canceled for any reason, and replacement workers'
compensation insurance coverage meeting the requirements of this Contract is not in
effect on the effective date of cancellation of the workers' compensation insurance
coverage to be replaced, then any Contractor employee not covered by the required
workers' compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of termination
or cancellation of the Contractor's workers' compensation insurance coverage for its 11
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
3
Contractor at the highest daily rate elsewhere specified in this Contract. Such
liquidated damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to complete the
Project has not expired. 11
In accordance with other requirements of this Contract, the Contractor shall not permit
subcontractors or others to work on the Project unless all such individuals working on11
the Project are covered by workers' compensation insurance and unless the required
documentation of such coverage has been provided to the Contractor and the City
Engineer.
11
A 8 Faxed Proposals
Proposals faxed directly to the City will be considered non responsive. Proposals must
contain original signatures and guaranty and be submitted in accordance with Section B 2
of the General Provisions.
A 9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the appropriate
space provided in the propo-sal. Failure to do so will be interpreted as non rcccipt.
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.
Section A-SP
(revised 12/15/04)
Page 2 of 22
tw A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for BUILDING CONSTRUCTION
In case of conflict, Contractor shall use higher wage rate.
ig Minimum Prevailing Wage Scales
The Corpus Christi City Council has determined the general prevailing minimum hourly
C: 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
L subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof,
for each laborer, workman, or mechanic employed, if such person is paid less than the
specified rates for the classification of work performed. The Contractor and each
subcontractor must keep an accurate record showing the names and classifications of all
laborers, workmen, and mechanics employed by them in connection with the Project and
showing the actual wages paid to each worker.
LI The Contractor will make bi-weekly certified payroll submittals to the City Engineer.
The Contractor will also obtain copies of such certified payrolls from all
subcontractors and others working on the Project. These documents will also be submitted
to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise
Participation Policy for additional requirements concerning the proper form and content
of the payroll submittals. )
, One and one-half (1'1) 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. )
10 A-ll Cooperation with Pvblic 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
ho 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-
[0 800-828-5127 . For the Contractor's convenience, the following telephone numbers are
listed.
[o City Engineer 361-826-3500
Project Manager 361-826-3550, 826-3550
Traffic Engineering 880-3540
to
Police Department 882-1911
Water Department 857-1881 (880-3140 after hours)
Wastewater Department 857-1800 (880-3140 after hours)
Gas Department 885-6900 (885-6900 after hours)
Storm Water Department 826-1875 (880-3140 after hours)
Parks & Recreation Department 826-3461
Streets & Solid Waste Services 826-1970
A E P 1-877-373-4058 (693-9444 after hours)
S B C 881-2511 (1-800-824-4424,after hours)
City Street Div. for Traffic
Signal/Fiber Optic Locate 826-1946 857-1960
[111
Cablevision 857-5000 (857-5060 after hours)
ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624)
KMC (Fiber Optic) 813-1124 (Pager 888-204-1679)
ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981)
CAPROCK (Fiber Optic) 512-935-0958 (Mobile)
Brooks Fiber Optic (MAN) 972-753-4355
Section A-SP
(revised 12/15/04)
Page 3 of 22
A-12 Maintenance of Services11
The Contractor shall take all precautions in protecting existing utilities, both above
and below ground. The Drawings show as much information as can be reasonably obtained
from existing as-built drawings, base maps, utility records, etc. and from as much field
work as normally deemed necessary for the construction of this type of project with
regard to the location and nature of underground utilities, etc. However, the accuracy
and completeness of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in advance of
his operations to preclude damaging the existing facilities. If the Contractor
encounters utility services along the line of this work, it is his responsibility to
11
maintain the services in continuous operation at his own expense.
In the event of damage to underground utilities, whether shown in the drawings, the
Contractor shall make the necessary repairs to place the utilities back in service to
11
construct the work as intended at no increase in the Contract price. All such repairs
must conform to the requirements of the company or agency that owns the utilities.
11
Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) ,
flow must be maintained. Sewage or other liquid must be handled by the Contractor
either by connection into other sewers or by temporary pumping to a satisfactory outlet, 11
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
11
ground surface. It is also the Contractor's responsibility to make all necessary
repairs, relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or relocations of
sewer service lines must be provided by the Contractor. 11
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition and to11
provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause minimum
adverse impact on the accessibility of the museum and public. This may include, but is
not limited to, working driveways in half widths, construction of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform Barricading
Standards and Practices as adopted by the City. Copies of this document are available11
through the City's Traffic Engineering Department. The Contractor shall secure the
necessary permit from the City's Traffic Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct payment
11
will be made to Contractor
A-14 Construction Equipment Spillage and Tracking
11
The Contractor shall keep the adjoining streets free of tracked and/or spilled materials
going to or from the construction area. Hand labor and/or mechanical equipment must be
used where necessary to keep these roadways clear of job-related materials. Such work
31
must be completed without any increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more frequently, if
necessary, to prevent material from washing into the storm sewer system. No visible
material that could be washed into storm sewer is allowed to remain on the Project site
or adjoining streets.
Section A-SP
(revised 12/15/04)
Page 4 of 22
tritA-15 Excavation and Removals NOT USED
The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled
with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good
growth of grass when applied with seed/sod and fertilizer. The dirt must be free of
debris, caliche, asphalt, concrete and any other material that detracts from its
appearance or hampers the growth of grass.
All existing concrete and asphalt within the limits of the Project must be removed
unless otherwise noted.
All necessary removals including but not limited to pipe, driveways, sidewalks, etc. ,
are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no
direct payment will be made to Contractor.
[10 A-16 Disposal/Salvage of Materials NOT USED
Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted
material becomes the property of the Contractor and must be removed from the site by the
[10 Contractor. The cost of all hauling is considered subsidiary; therefore, no direct
payment will be made to Contractor.
I: A-17 Ficld Officc NOT USED
Thc Contractor must furnish the City Engincer or his representative with a field officc
at the construction cite. Thc field office must eontain at lcaet 120 square fcct of
Luseable space. Thc field effiec must be- air cenditieeed and heated and must bc furnished
with an inclined table that measures at lc-act 30" x 60" and two (2) chairs. Thc
Contractor shall move thc field officc on the -site as required- by thc City Eagincer or
/: his representative. The field office must bc furnished with a telephone (with 24 hour
per day answering service) and FAX machine paid for by thc Contractor. There is no
separate pay item for the field officc.
A-18 Schedule and $egpehce of Construction
The Contractor shall submit to the City Engineer a work plan based only on CALENDAR
days. This plan must detail the schedule of work and must be submitted to the City
II Engineer at least three (3) working days prior to the pre-construction meeting.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-
Construction Meeting an initial Construction Progress Schedule for review.
2. Items to Include: Show complete sequence of construction by activity, identifying
Work of separate stages and other logically grouped activities. Identify the
10 first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5• Periodic Update: Submit Updated Construction Progress Schedule to show actual
progress of each stage by percentage against initial Schedule.
L
I
Section A-SP
(revised 12/15/04)
Page 5 of 22
A-19 Construction Project Layout and Control 11
The drawings may depict but not necessary include: lines, slopes, grades, sections,
measurements, bench marks, baselines, etc. that are normally required to construct a
project of this nature.
Major controls and two (2) bench marks required for project layout, will be provided by
the City or Consultant Project Engineer.
The Contractor shall furnish all lines, slopes and measurements necessary for control of
the work.
If, during construction, it is necessary to disturb or destroy a control point or bench
mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours 11
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 nccc.fsary to deviate from proposed linc and gradc to
properly cxccutc the work, thc Contractor shall obtain approval of thc City or
11
Consultant Project Enginccr prior to deviation. If, in thc opinion of the City or
Consultant Projcct Enginccr, thc rcquircd dcviation would ncccssitatc a revision to thc
drawings, the Contractor shall providc supporting mc-asercments as rcquircd for thc City
or Consultant Projcct Enginccr to revise thc drawings.
The Contractor shall tic in or rcfcrcncc all valvcs and manholcs, both existing and
proposed, for thc purposc of adjusting valves and manholes at the completion of the
paving process. Also, the City or Consultant Project Enginccr may require that the 11
Contractor furnish a maximum of two (2) personnel for the purposc 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 specifications. Said
compliance certification shall be provided and prepared by a Third Party independent
Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained 11
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. 11
following is the minimum schedule of documentation required!-
Streets:
- All curb returns at point of tangency/point of circumference11
Curb and gutter flow line both sides of street on a 200' interval;
- Strcct crowns on a 200' interval and at all intersections.
Wastewater:
• All rim/invert elevations at manholes;
• All intcrsccting lines in manholes;
- Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . 11
Water:
- All top of valves box;
- Valves vaults rim; 31
_ _ -- ee _ -_ .. .
Stormwatcr:
- All rim/invert cicvations at manholes;
• All intersecting lines in manholes;
- Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) .
11
Section A-SP 11
(revised 12/15/04)
Page 6 of 22
tw A-20 Testing and Certification
All tests required under this item must be done by a recognized testing laboratory
selected by the City Engineer. The cost of the laboratory testing will be borne by the
City. In the event that any test fails, that test must be done over after corrective
measures have been taken, and the cost of retesting will be borne by the Contractor and
deducted from the payment to the Contractor.
The Contractor must provide all applicable certifications to the City Engineer.
A-21 Projcct Sign3
le The Contractor must furnish and install 1 Projcct signs as indicated on the following
drawings. (Attachment IV) The signs must be installed before construction begins and
will be maintained throughout the Projcct period by the Contractor. The location of the
signs will be determined in the field by the City Engineer.
}1-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
LI 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,
[10 both for minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
Is a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been awarded a
City contract.
Lb. 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.
Is 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
60 Indians, Alaskan Natives, and Asians or Pacific Islanders. For the
purposes of this section, women are also considered as minorities.
Minority person(s) must collectively own, operate and/or actively
manage, and share in payments from such an enterprise in the manner
hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership,
at least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s) .
(c) For an enterprise doing business as a corporation,
at least 51. 0% of the assets or interest in the
corporate shares must be owned by one or more
minority person(s) .
Section A-SP
(revised 12/15/04)
Page 7 of 22
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s) .
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other monetary
distribution paid by the business enterprise.
11
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is owned
and controlled by a woman, a partnership at least 51.0% of whose assets11
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.
1/
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof, founded
to carry on a single business activity which is limited in scope and11
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.
11
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 have11
either financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's aggregate
work force on all construction work for the Contract award are as
follows:
Minority Participation Minority Business Enterprise
11
(Percent) Participation(Percent)
45% 15%
b.
11
These goals are applicable to all the construction work (regardless of
federal participation) performed in the Contract, including approved
change orders. The hours of minority employment must be substantially
uniform throughout the length of the Contract and in each trade. The
transfer of minority employees from Contractor to Contractor or from
project to project for the sole purpose of meeting the Contractor's
percentage is prohibited.
:1
4 . Compliance
a. Upon completion of the Project, a final breakdown of MBE participation,
substantiated by copies of paid invoices, shall be submitted by the
Contractor to the City Engineer.
!I
Section A-SP11
(revised 12/15/04)
Page 8 of 22
t: 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
[Mr 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
L payrolls in a timely fashion or to submit overall participation
information as required.
6. A-23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the Building
LIInspection Division at the various intervals of work for which a permit is required and
to assure a final inspection after the building is completed and ready for occupancy.
Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of
[11 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.
1: A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follow
1111
"No surety will be accepted by the City from any Surety Company who is now
in default or delinquent on any bonds or who has an interest in any
11-01 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
riii (10%) of the Surety Company's capital and surplus, the Surety Company
shall provide certification satisfactory to the City Attorney that the
Surety Company has reinsured the portion of the bond amount that exceeds
ten percent (10%) of the Surety Company's capital and surplus with
ims 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
Iii 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
L States Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100, 000 from a reinsurer that is certified by the
United States Secretary of the Treasury and that meets all the above
requirements. The insurer or reinsurer must be listed in the Federal
t: Register as holding certificates of authority on the date the bond was
issued. "
L
cir
[11 Section A-SP
(revised 12/15/04)
Page 9 of 22
A 25 Salea Tax Exemption (NOT USED)
11
Section B 6 22, Tax Exemption P-revision, is deleted in its entirety and the following
substituted in lieu thereof.
qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor elects to11
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 Code, or such
other rules or regulations as may be promulgated by the Comptroller of Public Accounts
of Texas.
If the Contractor elects to operate under a separated contract, he shall:
�- Obtain the necessary sales tax permits from the State Comptroller.
P— Charges" in the proposal form the cost of materials physically incorporated into 11
the Project.
4, Provide resale certificates to suppliers.
4, Provide the City with copies of material invoices to substantiate the proposal
11
value of materials.
I
If the Contractor docs not elect to operate under a separated contract, he must pay for
all Sales, Excise, and Use Taxes applicable to this Project.
Subcontractors arc eligible for sales tax exemptions if the subcontractor also complies11
with the above requirements. The Contractor must issue a resale certificate to the
subcontractor and the subcontractor, in turn, issues a resale certificate to his
supplier.
11
A-26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11 of the Contract,
the Contractor shall obtain an endorsement to the applicable insurance policy, signed by
the insurer, stating:
In the event of cancellation or material change that reduces or restricts the
insurance afforded by this coverage part, each insurer covenants to mail prior
written notice of cancellation or material change to:
1. Name: City of Corpus Christi
Department of Capital Programs
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
3. Number of days advance notice: 30
31
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.
11
Within thirty (30) calendar days after the date the City Engineer requests that the
Contractor sign the Contract documents, the Contractor shall provide the City Engineer
with a certificate of insurance certifying that the Contractor provides worker's
compensation insurance coverage for all employees of the Contractor employed on the
Project described in the Contract.
Section A-SP
(revised 12/15/04)
Page 10 of 22
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.
LThe City need not be named as additional insured on Worker's Compensation coverage.
(a) of the Contract, the Contractor shall obtain an endorsement to this coverage
stating:
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,
L 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
L covered by this Contract. The foregoing indemnity shall apply except if
such injury, death or damage is caused directly by the negligence or other
fault of the City, its agents, servants, or employees or any person
Lindemnified hereunder.
-27 Responsibility for Damagc Claims NOT USED
Paragraph (a) Ceneral Liability of Section B 6 11 of thc Ccncral Previsions is amcndcd
to includc:
_ _ - _ '3 Risk-or Installation Floater insurance covcragc
for the term of the Contract up to and including the date the City finally accepts
r the Project or work. Builder's Risk or Installation Floatcr covcragc must be an
ilim "All Rick" form. Contractor must pay all costs necessary to procure ouch Builder's
Risk or In3tallatien Floater insurance covcragc, including any deductible. The
covcragc. = -
A 28 Considerations for Contract Award and Execution
illTo allow the City Engineer to determine that the bidder is able to perferm its
obligations under the proposed contract, then prior to award, the City Engineer may
LI 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
prcccding two (2) y ars. The bidder shall specify the name and address of the
party holding the lien, the amount of the lien, the basis for the lien claim, and
the date of the rel-ease of the lien. If any - -u eh lien has not been released, thc
bidder shall state why the claim has not bccn paid; and
Li 2-r-
materials supplied which relate to any et its projects begun within the prcccding
two (2) years. The bidder shall specify the name and address of the claimant, the
1: amount of the claim, the basis for the claim, and an explanation why the claim has
not bccn paid.
r A bidder may also-be required to supply construction references-and-a-financial
------ -
•
all current assets and liabilities.
L
LSection A-SP
(revised 12/15/04)
[i Page 11 of 22
A-29 Contractor's Field Administration Staff 11
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer. 11
The criteria upon which the City Engineer makes this determination may include the
following:
11
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to, scheduling
of manpower and materials, safety, coordination of subcontractors, and familiarity
with the submittal process, federal and state wage rate requirements, and City
contract close-out procedures
The superintendent shall be present, on the job site, at all times that work is
being performed
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent. 11
Foremen cannot act as superintendent without prior written approval from the City.
Documentation concerning these requirements will be reviewed by the City Engineer. The
Contractor's field administration staff, and any subsequent substitutions or 11
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
11
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is not
obtained, the award may be rescinded. Further, such written approval is also necessary
prior to a change in field administration staff during the term of this Contract. If
the Contractor fails to obtain prior written approval of the City Engineer concerning
any substitutions or replacements in its field administration staff for this Project
during the term of the Contract, such a failure constitutes a basis to annul the
Contract pursuant to section B-7-13.
A-30 7lmcndcd "Conoidcration of Contract" 1.cquircacnt3
Under "General P-revisi-e rc and Reepiremen-ts f- - - __
B 3 1 Consideration of Contract add the following text: 1
Within five (5) working days following the public opening and r ading of the proposals,
the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the
City Engineer the following information:
l- A list of the major components of the work; 11
A list of the products to be incorporated into the Project;
component of the work;
4- A schedule of anticipated monthly payments for the Project duration.
The names and addresses of ? BE firms that will participate in the Contract, along
with a description of the work and dollar amount for each firm; and
substantiation, either through appropriate certifications by federal agencies or
contained herein. Similar substantiation will be required if the Contractor is an
requirements above, the bidder must cl arly demonstrate, to the satisfaction of
the City Engineer, that a good faith effort has, in fact, been made to moot said
requirements but that meeting such requirements is not reasonably possible.
Section A-SP
11
(revised 12/15/04)
Page 12 of 22
t: -6. A list of subcontractors that will bc working on thc Project. -This list may
Contractor has not complctcd his evaluation of which subcontractor will perform
[: thc work. _ -- - _ - - _ _ - _= - _
perform work on thc Projcct. The Contractor shall obtain written approval by thc
LIO City Enginccr of all of its subcontractors prior to beginning work on thc Projcct.
If thc City Enginccr docs not approve all proposcd subcontractors, it may rescind
the Contract award.
L 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 Projcct. Suchapproval will not be given if the
i: replacement of the subcontractor will resul -
Failure of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B 7 13;
components of the work. The final progress schedule must be submitted to the City
Enginccr at the pre construction conference;
Lg— Documentation required pursuant to the Special Provisions A-28 and A 29 concerning
Considerations for Contract Award and Execution and the Contractor's Field
Administration Staff.
`r
4, Documentation as rcquircd by Special Provision A 35 K, if applicable.
10. Within five (5) days following bid opening, Submit in letter form, information
contracts on behalf of said entity.
[1,
A-31 Amended Policy on Extra Work and Change Orders
[is 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:
L Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Capital Programs
or his designee. The Contractor also acknowledges that the City Engineer may
[.. authorize change orders which do not exceed $25, 000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25, 000.00 must also
be approved by the City Council.
i. A-32 Amended "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
['s The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
L Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
rm
L .
Section A-SP
(revised 12/15/04)
LPage 13 of 22
A-33 Conditions of WorkI/
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his obligation
to carry out the provisions of this Contract. - 11
-
A-34 Precedence of Contract Documents
11
In case of conflict in the Contract documents, first precedence will be given to addenda
issued during the bidding phase of the Project, second precedence will be given to the
Special Provisions, third precedence will be given to the construction plans, fourth
11
precedence will be given to the Standard Specifications and the General Provisions will
be given last precedence. In the event of a conflict between any of the Standard
Specifications with any other referenced specifications, such as the Texas Department of
Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM
specifications, etc. , the precedence will be given to addenda, Special Provisions and
Supplemental Special Provisions (if applicable) , construction plans, referenced
specifications, Standard Specifications, and General Provisions, in that order.
11
A 35 City Watcr Facilities: enccial Rcauiremcnts (NOT USED)
A, Visitor/Contractor Orientation
Prior to performing work at any City water facility, the Contractor, his
subcontractors, and cach of thcir employees must have on thcir person aI/
valid card certifying thcir prior attendance at a Visitor/Contractor
ncl. A Visitor/Contractor Safety Orientation Program will be
11
offered by authorized City Watcr Dcpartmcnt personnel for those persons
who do not have such a card, and who desire to perform any work within
any City water facility. For additional information refer to Attachment
Operation of City Owned Equipmcnt
cquipmcnt, switch, breakcr, control, or any othcr itcm rclatcd to City
operator or other authorized maintenance employee of the City Water
Department.
11
G— Protcction of Watcr Ouality
times. The Contractor shall protect the quality of the water in the job
site and shall coordinate its work with the City Water Dcpartmcnt to
protect the quality of the water.
19, Conformity with ANSI/NSF Standard 61
All materials and equipment uecd in the repair, reassembly,
transportation, reinstallation, and inspection of pumps, or any other
items, which could come into contact with potable water, must conform to
American National Standards Institute/National Sanitation Foundation
Sue materials includc all solvents, cleaners, lubricants, gaskets,
immediately prior to use. 11
Section A-SP
(revised 12/15/04)
Page 14 of 22
t:
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.
1: E: Handling and Disposal of Trash
All trash generated by the Contractor or his employees, agents, or
subcontractors, must be contained at all times at the water facility
site. Blowing trash will not be allowed. The Contractor shall keep
work areas clean at all times and remove all trash daily.
CONTRACTOR'S ON SITE PREPARATION
_
- - _ - ' - -- --
0— Contractor shall provide telephones for Contractor personnel. Plant
Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday.
provide own sanitary facilities.
4, All Contractor vehicles must be parked at designated site, as designated
by City Water Department staff. All Contractor vehicles must be cl arly
labeled with company name. No private employee vehicles arc allowed at
0. N. Stevens Water Treatment Plant. All personnel must be in company
vehicles. During working hours, contractor employees must not 1 ave the
designated construction ar a nor wander through any buildings other than
for required work or as directed by City Water Department personnel
during emergency evacuation.
K, Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITI
Any work to the computer based monitoring and control system must be
performed only by qualified technical and supervisory personnel, as
determined by meeting the qualifications 1 thru 9 below. This work
includes, but is not limited to, modifications, additions, changes,
selections, furnishing, installing, connecting, programming,
customizing, debugging, calibrating, or placing in operation all
hardware and/or software specified or required by these specifications.
C: The Contractor or his subcontractor proposing to perform the SCADA work
must be able to demonstrate the following:
-- He is regularly engaged in the computer based monitoring and
control system business, preferably as applied to the municipal
water and wastewater industry.
He has performed work on systems of comparable size, type, and
complexity as required in this Contract on at least three prior
projects--- . - . - --_._-_ - -- • _- _ _ _-- =
4,
herein for at least 5 years.
[111 4, Sc employs a Registered Profc..rsional Engineer, a Control[0
-5-:- He employs personnel on this Project who have successfully
completed a manufacturer's training course in configuring and
implementing the specific computers, RTUS's, and software
proposed for the Contract.
1: Section A-SP
(revised 12/15/04)
Page 15 of 22
4, He maintains a permancnt, fully staffed and cquippcd scrvicc
facility within 400 miles of the Projcct site to maintain,
repair, calibrate, and program thc systems specified hcrcin.
IIc shall furnish equipment which is thc product of one 11
manufacturer to thc maximum practical cxtcnt. Whcrc this is not
practi al, all cquipmcnt of a given typc will be the product of
one manufacturer. )'
I, 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.
s, The Contractor shall produce all filled out programming blocks
rcquircd to show the programming as needed and required, to add
these two systems to the existing City SCAD11 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
11
sheet is an example and is not intended to show all of the
rcquircd sheets. The Contractor will provide 11 p g Q
blocks used.
Trenching Requirements
All trenching for this project at the 0. N. Stevens Water Treatment
Plant shall be performed using -a backhoe or hand digging due to the
number of existing underground obstructions. No trenching machines shall11
be allowed on the project.
A-36 Other Submittals 11
1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below
when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to the
City Engineer or his designated representative.
b— Atcproduciblcs: In addition to the rcquircd copies, the Contractor shall
also 'submit one (1) reproducible transparency for all shop drawings.
11
c.
Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and sequentially
number each transmittal form. Resubmittals must have the original
submittal number with an alphabetic suffix. Contractor must identify
the Contractor, the Subcontractor or supplier; pertinent Drawing sheet
and detail number (s) , and specification Section number, as appropriate,
on each submittal form. 11
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
;I
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in accordance
with the requirements of the Project and Contract documents.
e• Scheduling: Contractor must schedule the submittals to expedite the 11
Project, and deliver to the City Engineer for approval, and coordinate
the submission of related items.
11
Section A-SP 11
(revised 12/15/04)
Page 16 of 22
t:
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement manufacturers'
L standard data to provide information unique to this Project.
g. Variations: Contractor must identify any proposed variations from the
Contract documents and any Product or system limitations which may be
detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
1 Resubmittals: Contractor must revise and resubmit submittals as required
I: by City Engineer and clearly identify all changes made since previous
submittal.
C
j . Distribution: Contractor must distribute copies of reviewed submittals
to subcontractors and suppliers and instruct subcontractors and
I: suppliers to promptly report, thru Contractor, any inability to comply
with provisions.
LI 2. Samples: The Contractor must submit samples of finishes from the full range of
manufacturers ' standard colors, textures, and patterns for City Engineer's
selection.
3, Test and Repair Report
When specified in the Technical Specifications Section, Contractor must submit
three (3) copies of all shop test data, and repair report, and all on-site test
data within the specified time to the City Engineer for approval. Otherwise, the
i: related equipment will not be approved for use on the project.
1.0 A-37 Amended "Arrangement and Charge for Water Furnichcd by the City" NOT USED
Under "Ccncral Provisions and Requirements for Municipal Construction Contracts", B 6
15 Arrangement and Chargc for Water Furnished by thc City, add thc following:
"The Contractor must comply with thc City of Corpus Christi's Watcr Conservation
L'a
and Drought Contingcncy Plan as amended (the "P-ia-n") . This includes implementing
water conservation measures established for changing conditions. The City
Engineer will provide a eepy of the Plan to Contractor at the pre-censtruction
meeting. The Contractor will keep a copy of the Plan on the Project site
throughout construction. "
illA-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
Lo Special Provision.
A-39 Certificate of Occupancy and Final
1 The issuance of a certificate of occupancy for improvements does not constitute final
acceptance of the improvements under General Provision B-8-9.
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts Section B-8-6:
(.11 Partial Estimates is amended to provide that approximate estimates from which partial
payments will be calculated will not include the net invoice value of acceptable, non-
perishable materials delivered to the Project worksite unless the Contractor provides
the City Engineer with documents, satisfactory to the City Engineer, that show that the
co material supplier has been paid for the materials delivered to the Project worksite.
Section A-SP
(revised 12/15/04)
Page 17 of 22
A-41 Ozone Advisory NOT USED1/
Priming and hot-mix paving operations must not be conducted on days for which an ozone
advisory has been issued, except for repairs. The City Engineer will notify Contractor
about ozone alert. If a delay such as this is experienced, the day will not be counted
as a work day and the Contractor will be compensated at the unit price indicated in the
proposal.
A-42 OSHA Rules & Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and
regulations while performing any and all City-related projects and or jobs.
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21
Indemnification & Hold Harmless, text is deleted in its entirety and the following is
substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys, and
agents harmless and shall indemnify the City, its officials, employees, attorneys,
and agents from any and all damages, injury or liability whatsoever from an act or
omission of the contractor, or any 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. 11
The contractor shall hold the City, its officials, employees, attorneys, and 11
agents harmless and shall indemnify the City, its officials, employees, attorneys,
and agents from any and all damages, injury, or liability whatsoever from a
negligent act or omission of the city, its officials, employees, attorneys, and
agents that directly or indirectly causes injury to an employee of the contractor,
or any subcontractor, supplier or materialman.
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall furnish the
engineer a complete breakdown as to all prices charged for work of the change order11
(unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and
equipment, wage rates, etc. ) . This breakdown information shall be submitted by
contractor as a basis for the price of the change order.
A-45 As-Built Dimensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish Owner
with one set of direct prints, marked with red pencil, to show as-built
dimensions and locations of all work constructed. As a minimum, the
final drawings shall include the following:
11
(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. 11
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
Section A-SP
(revised 12/15/04)
Page 18 of 22
[IP
. - - .f
1: all existing pipclrne-e et the pejo that eress v-ith-ix 2-0 feet of proposed pipelines of
the project and Contraeter shall survey the exae- vertical and hoizental location of
t: _ _ - -- _- - o - - - -- -- = ' _ _ ___
o maximum of 300 feet O.C. and Contractor shall survey the accurate horizontal and
rii vertical locations of said parallel pipelines at 300 fcct maximum O.C.
J
Ls
Contractor shall thenc arc a repert and submit it to
per' p pa-r the City fer approval indicating
i: thereof, distance to the pavement centerline and elevations of the top of existing
pipelines.
•
Enginccr and until Contractor rcccivco Enginecr'3 approval of rcport.
until price of pavement patching. Contractor shall provide all his own survey work
effort (no separate pay) for exploratory excavations.
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to proximity of
construction equipment beneath overhead electrical wires. There are many overhead wires
crossing the construction route and along the construction route. Contractor shall use
all due diligence, precautions, etc. , to ensure that adequate safety is provided for all
laof his employees and operators of equipment and with regard to ensuring that no damage
to existing overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with AEP and inform AEP of his construction
t: schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are not. It shall
be the Contractor's sole responsibility to provide for adequate safety with regard to
overhead lines whether shown in the plans or not.
10 ,
A-49 Amended "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11
LMaintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available to benefit
the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee
period will operate to reduce, release, or relinquish any rights or remedies
available to the City of Corpus Christi for any claims or causes of action against
the Contractor or any other individual or entity. "
[10
I
L Section A-SP
(revised 12/15/04)
(: Page 19 of 22
A-50 Amended Prosecution and Progress
Under "General Provisions and Requirements for Municipal Construction Contracts", B-7
Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for any reason,
are not appropriated in any given year, the City may direct suspension or
termination of the contract. If the Contractor is terminated or suspended and the
City requests remobilization at a later date, the Contractor may request payment11
for demobilization/remobilization costs. Such costs shall be addressed through a
change order to the contract. "
A-51 Electronic Submittal of Bids
Thc following paragraph modifies Paragraph B 2 7 Preparation of Proposal, of thc
Central Provisions:
Thc bidder has thc option of submitting a computer generated print out, in lieu of, thc
(including any additive or dcductivc altcrnatcs) contained on Proposal Sheets (3 THRU 10
OF 13) . If thc Contractor chooses to submit a print out, thc print out shall bc 11
accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A "3ample" print
out is shown in Attachment 1.
1/
last bid item:
11
(Contractor) herewith certifies
that thc unit prices shown on this print out for bid itcms (including any additive or
deductive altcrnatcs) contained in this proposal arc thc unit prices and no other
Information from this print out. (Contractor) acknowledges and agrccs that thc Total Bid 11
Amount shown will bc read as Its Total Bid and further agrees that the official Total
Did amount will be determined by multiplying the unit bid pricc (Column IV) shown in
this print out by the respective estimated quantities shown in the Proposal (Column II) 11
and then totaling the extended amounts.
(Signature)
(Title)
(Date) "
A-52 Value Engineering
The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive 111111
Procedures, of the General Provisions, which states: "After award of the contract, the11
Contractor may develop and submit, to the City Engineer, Value Engineering Change
Proposals (VECP'S) identify potential reductions in the contract cost by effective
changes to the contract plans and specifications." Therefore, the Contractor shall
fully examine the plans, specifications and contract documents, as well as, the project
location, construction phase schedule in Appendix C, traffic control plans, method of
award, contract calendar days and liquidated damages, and all other major items involved
in the scope of the project to judge for itself the circumstances and difficulties
affecting the work to be performed and obtain all information required to make an
intelligent proposal. The Contractor' s attention is further directed to paragraph B-2-3
Examination of Plans, Specifications and Site of the Work, of the General Provisions.
11
In other words, the Contractor shall complete it's proposal to the best of it's ability,
as currently provided.
Section A-SP
(revised 12/15/04)
Page 20 of 22
Ns
174
A-53 Dust Control
!: Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces
subject to dusting shall be kept moist with water or applications of a chemical dust
suppressant. When practicable, dusty materials in piles or in transit shall be covered
to prevent blowing dust.
1;
A 54 Dewatering and Disposal
r. This itcm shall bc considered subsidiary to thc appropriate bid items where dewatering
is needed to kccp thc cx avation dry, as approved by thc Enginccr, and shall include all
costs to providc a dry foundation for thc proposed improvcmcnts. Storm water that
enters an excavation can bc pumped out as long as arc is taken to minimize solids and
flow prior to entering a storm water drainage ditch or storm water inlet. An
1.0 naturally without leaving the designated work ar a or by manmade berms prior to entering
the storm water system. Sheet flaw and ponding is to allow solids screening and or
settling prior to entering a storm water conduit or inlet.
C: Storm water or groundwater shall not be discharged to private property without
existing Storm water 3yatom, provided that thc quality of groundwater i3equal to or
• performed by City, at the City' s cost, prior to commencing discharge and shall be
retested by the City, at the City's expense, a minimum of once a week. The Contractor
Cit shall coordinate with the City, on all testing. Test will also be performed as each new
arca of construction is started.
1; the nearest sanitary sewer system. If discharging to temporary holding tanks and
trucking to a sanitary scweT system or wastewater plant, the costs for these operations
shall be negotiated. Other groundwater disposal alternatives or solutions may be
[-, approved by the Enginccr on a case by case basis.
Prior to pumping groundwater from the trench to the sanitary sewer ., stem the Contractor
shall contact Tilo Schmidt, Wastewater Prc 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
L 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.
L
I
I
I
C: Section A-SP
(revised 12/15/04)
L''' Page 21 of 22
SUBMITTAL TRANSMITTAL FORM
PROJECT: ABC CONVENTION CTR. LOADING DOCK REPAIRS
OWNER: CITY OF CORPUS CHRISTI, TEXAS
ENGINEER: 0
11
CONTRACTOR: JE CONSTRUCTION SERVICES
SUBMITTAL DATE: - SUBMITTAL NUMBER: -
APPLICABLE SPECIFICATION
OF DRAWING SUBMITTAL
11
3
3
I
3
3
I
Section A-SP 1
(revised 12/15/04)
Page 22 of 22 3
f'
PART B
r
GENERAL PROVISIONS AND
REQUIREMENTS FOR MUNICIPAL
CONSTRUCTION CONTRACTS
F
L.
he
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
Table of Contents
PAGE
L B-1 Definitions and Abbreviations
B-1-1 Definition of Terms 1
B-1-2 Abbreviations 3
B-2 Proposal Requirements and Conditions
L B-2-1 Proposal Forms 4
B-2-2 Quantities in Proposal Forms 4
B-2-3 Examination of Plans, Specifications, and Site of the Work4
B-2-4 Forms, Plans and Specifications 4
r. B-2-5 Addenda 4
ill B-2-6 Pre-Bid Conference 5
B-2-7 Preparation of Proposal 5
B-2-8 Proposal Guaranty 5
60 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
L
B-2-13 Irregular Proposals 6
B-2-14 Rejection of Proposals 6
B-2-15 Disqualification of Bidders 6
B-2-16 Disclosure of Interests 6
c0B-3 Award and Execution of Contract
B-3-1 Consideration of Contract 7
B-3-2 Award of Contract 7
L 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
r-
it B-4 Scope of Work
B-4-1 Intent of Plans and Specifications 9
B-4-2 Subsidiary Work 9
!: B-4-3 Increased or Decreased Quantities of Work 9
B-4-4 Alteration of Plans and Specifications 10
B-4-5 Value Engineering Incentive Procedures 10
,.
B-4-6 Extra Work 11
ilit 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
111010
B-5-3 Conformity with Plans 11
B-5-4 Existing Structures 11
B-5-5 Coordination of Plans, Specifications, Proposal
& Special Provision 12
L B-5-6 Cooperation of Contractor 12
B-5-7 Construction Staking 12
B-5-8 Source of Supply of Materials 13
B-5-9 Samples and Tests of Materials 13
L B-5-10 "Or Equal" Clause 13
B-5-11 Storage of Materials 13
B-5-12 Removal of Defective and Unauthorized Work 13
B-5-13 Final Inspection 14
1: B-5-14 Warranty Inspection 14
TABLE OF CONTENTS/PAGE 1 OF 2
(rev. Nov/94)
.
1:
LO
B-6 Legal Relations and Public Responsibility
B-6-1 Laws to be Observed 14
B-6-2 Permits and Licenses 14
B-6-3 Patented Devices, Materials and Processes 15
B-6-4 Sanitary Provisions 15
[11 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
c, B-6-9 Use of Explosives 16
B-6-10 Protection and Restoration of Property 16
B-6-11 Responsibility for Damage Claims 17
B-6-12 Contractor's Claim for Damages 19
8-6-13 Public Utilities and Other Property to be Changed 19
iii B-6-14 Temporary Sewer and Drain Connections 19
B-6-15 Arrangement and Charge for Water Furnished by the City 19
B-6-16 Use of fire Hydrants 19
B-6-17 Use of a Section or Portion of the Work 19
B-6-18 Separate Contracts 20
B-6-19 Contractor's Responsibility for the Work 20
B-6-20 No Waiver of Legal Right 20
B-6-21 Indemnification and Hold Harmless 20
B-6-22 Tax Exemption Provisions 20
B-7 Prosecution and Progress
[*. B-7-1 Subletting the Work 21
B-7-2 Assignment of Contract 21
B-7-3 Prosecution of the Work 21
B-7-4 Limitation of Operations 22
r. B-7-5 Character of Workmen and Equipment 22
kit B-7-6 Working Hours 22
B-7-7 Time of Commencement and Completion 22
B-7-8 Extension of Time of Completion 22
L B-7-9 Computation of Contract Time for Completion 23
B-7-10 Failure to complete on Time 23
B-7-11 Suspension by court Order 23
B-7-12 Temporary Suspension 23
L B-7-13 Suspension of Work and Annulment of Contract 24
B-7-14 Termination of Contract 25
B-7-15 No Intent to Benefit Third Parties
B-8 Measurement and Payment
[: B-8-1 Measurement of Quantities 25
B-8-2 Unit Price 25
B-8-3 Scope of Payment 25
B-8-4 Payment for Extra Work 26
B-8-5 Policy of Extra Work and Change Orders 26
B-8-6 Partial Estimates 27
B-8-7 Withholding Payment 27
B-8-8 Final Cleanup 27
B-8-9 Final Acceptance 28
iii B-8-10 Final Payment 28
B-8-11 Maintenance Guaranty 28
I:
L
TABLE OF CONTENTS/PAGE 2 OF 2
1
(rev. Nov/94)
I
6
6
SECTION B
GENERAL PROVISIONS AND REQUIREMENTS
FOR MUNICIPAL CONSTRUCTION CONTRACTS
CITY OF CORPUS CHRISTI, TEXAS
B-1 DEFINITIONS AND ABBREVIATIONS:
B-1-1 Definition of Terms:
Wherever the words, forms or phrases defined herein or pronouns used in their
place occur in these specifications, in the contract, in the bonds, in the
advertisement or any other documents or instrument herein contemplated, or to
which these specifications apply or may apply, the intent and meaning shall be
interpreted as follows:
Advertisement: All of the legal publications pertaining to the work
contemplated or under contract.
Bidder: Any person, persons, partnership, company, firm, association,
corporation, or joint venture acting directly or through a duly authorized
representative submitting a proposal for work contemplated.
City: The City of Corpus Christi, Texas, a municipal corporation, acting by
and through (a) its governing body or (b) its City Manager, each of whom is
required by Charter to perform specific duties. Responsibility for final
enforcement of contracts involving the City of Corpus Christi is, by Charter,
vested in the City Manager.
City Attorney: The City Attorney of the City of Corpus Christi, Texas, or duly
authorized assistants or agents.
City Council: The Council of the City of Corpus Christi, Texas.
City Engineer: The Head of the Department of Engineering Services of the City
of Corpus Christi, Texas.
City Manager: The Manager of the City of Corpus Christi, Texas.
City Secretary: The City Secretary of the City of Corpus Christi, Texas, or
duly authorized assistants or agents.
Contract: The written agreement covering the performance of the work. The
contract includes the advertisement; proposal; specifications, including special
provisions; plans or working drawings; any supplemental changes or agreements
111 pertaining to the work or materials therefor, and bonds.
Contract Time: The number of calendar days or working days allowed for
completion of the contract, including any authorized time extensions.
[11
(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 judgement of the
Engineer permit the performance of some substantial unit of work for a
substantially continuous period of time of not less than six (6) hours between 7
a.m. and 6 p.m., or during such other hours of the day as the Contractor does in
fact work with the permission of the Engineer as elsewhere provided.
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Each calendar day, not including Sundays or legal holidays, in which the
Contractor carries on work on some unit of the contract for a period of more than
six (6) hours shall be charged as one (1) working day, regardless of the number
of hours worked in excess of the (6) hour minimum. Saturday will not be charged
[111 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
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
c111 duties entrusted to them.
General Provisions: This Section B of the specifications.
Holidays: The terms regular holidays and legal holidays, for the purposes of
charging working days, control of working days and hours, and wages of employees,
shall include the following:
January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days
Memorial Day Labor Day Christmas Day
Maintenance Guaranty: The approved form of security furnished by the
Contractor and his surety as a guarantee that he will maintain the work
constructed by him in good condition for the period of time required. This shall
be in accordance with the provisions of the specifications and may be made a part
of the Performance Bond.
Payment Bond: The approved form of security furnished by the contractor and
his surety for the use and benefit of the City as a guarantee for the protection
of all claimants supplying labor and/or material in the prosecution of the work
1: 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
[01 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
[10 into a contract with the City and execute the required bonds for the work
contemplated after the work is awarded him.
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LSpecial 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
Lrequirements 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
L method and manner of performing the work or to the qualities or quantities of the
material to be furnished under the contract.
Sureties: The corporate bodies which are bound by such bonds as are required
Lwith 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
Lthe contract.
B-1-2 Abbreviations:
Wherever the abbreviations defined herein occur on the plans, in the
L specifications, contract, bonds, advertisement, proposal, or in any other
document or instrument herein contemplated or to which the specifications apply
or may apply, the intent and meaning shall be as follows:
A.A.S.H.T.O American Association of State H.S. Horseshoe
Highway and Transportation In. or Inches
Officials Lb. or # Pound
Ac. Acre L.F. Linear Foot
A.C. Asbestos Cement Lin. Linear
A.C.I. American Concrete Institute L.S. Lump Sum
A.N.S.I. American National Standards Max. Maximum
Asph. Institute M.H. Manhole
A.S.T.M. Asphalt Min. Minimum
Ave. American Society for Testing Mono. Monolithic
LIS A.W.P.A. Materials M.U.T.C.D. Manual of Uniform
A.W.S. Avenue Traffic Control
A.W.W.A. American Wood Preservers Devices
Blvd. Association N. North
C.F. American Welding Society No. Number
l: C.I. American Water Works Percent
C.L. Association P.L. Property Line
C.M.P. Boulevard Prop. Proposed or Property
C.O. Cubic Foot P.V.C. Poly Vinyl Chloride
Conc. Cast Iron R. Radius
Cond. Center Line R.C.P. Reinforced Concrete
Corr. Corrugated Metal Pipe Reinf. Pipe
C.P.& L. Cleanout Rem. Reinforced
Cu. Concrete Rep. Remove
Culv. Conduit R.R. Replace
C.Y. Corrugated R/W or ROW Railroad
D.I. Central Power & Light Company S. Right-of-Way
Dia. Cubic San. South
Dr. or Dwy Culvert S.F. Sanitary
E. Cubic Yard Sq. Square Foot
Ea. Ductile Iron St. Square
Elev. Diameter Std. Street or Storm
Exist. Drive or Driveway S.Y. Standard
F. East T.C. Square yard
F.L. Each Tel. Top of Curb
Ft. or Elevation V.F. Telephone
Gal. Existing W. Vertical Foot
G.L. Fahrenheit W.U.T. West
G.P.M. Flow Line Yd. Western Union
H.N.G. Feet Telegraph
Gallon Yard
Gutter Line
Gallons per Minute
Houston Natural Gas Co.
[110 Metrics:
cm Centimeter m Meter
gm Gram mgm Milligram
kgm Kilogram mm Millimeter
km Kilometer
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Other abbreviations that may appear shall have the meaning customarily intended in such usage,
circumstances, and context.
B-2 PROPOSAL REQUIREMENTS AND CONDITIONS:
B-2-1 Proposal Form:
The City will furnish bidders with proposal forms which state the general
location and description of the contemplated work, and which will contain an
itemized list of items of work to be done or materials to be furnished, and upon
which bid prices are asked. The proposal form will provide for the amount of
6111 proposal guaranty, the contract time, and the acknowledgement of addenda
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:
Bidders are advised that the plans and specifications and other documents on
[i file with the City Engineer shall constitute all of the information which the
City will furnish. Bidders are required, prior to submitting any proposal, to
read the specifications, proposal, contract, and bond forms carefully; to visit
the site of the work; to examine carefully local conditions, soil and water
conditions to be encountered, improvements to be protected, disposal sites for
surplus materials not designated to be salvaged materials, methods of providing
ingress or egress to private properties, and methods of handling traffic; to
inform themselves, by their independent research, tests, and investigation, of
the difficulties to 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
thereof, other than that shown on the plans and contained in the specifications,
proposal, and other documents, shall be binding upon the City. Bidders shall
rely exclusively upon their own estimates, investigations, tests, and other data
which are necessary for full and complete information upon which the proposal may
be based. It is mutually agreed that submission of a proposal is evidence that
the bidder has made the examinations, investigations, and tests required herein.
B-2-4 Forms, Plans and Specifications:
Unless otherwise specified in the Notice to Bidders and Special Provisions,
forms of proposal, contract and bonds and plans and specifications may be
obtained at the offices of the City Engineer in the City Hall upon making a Plans
Deposit as designated, which sum so deposited will be refunded provided the
prospective bidder returns all documents, except proposal form if bidding, to the
offices of the City Engineer within two (2) weeks from and after the time and
date of receiving proposals. If the prospective bidder does not comply with this
requirement, the sum of the Plans Deposit shall become the property of the City
of Corpus Christi, Texas.
B-2-5 Addenda:
Addenda to the plans and specifications, which are formal written notices of
additions, deletions, modifications, or explanations of contract documents from
the City to prospective bidders in advance of the bid date, may be issued by the
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City Engineer. Such addenda will be mailed immediately to the address designated
by prospective bidders taking out plans, specifications, and proposal forms.
B-2-6 Pre-Bid Conference:
Any prospective bidder may request a pre-bid conference to discuss the plans,
specifications, and proposal. If such a conference is requested, it will be held
approximately one week prior to the bid opening. Each prospective bidder who has
furnished the Plans Deposit required by the Notice to Bidders will be notified of
the date, time, and location of the pre-bid conference. Any clarification to the
contract documents deemed necessary as a result of the pre-bid conference will be
made by written addenda.
[0 B-2-7 Preparation of Proposal:
The bidder shall submit his proposal on the forms furnished by the City. All
blank spaces in the forms shall be correctly filled in, and the bidder shall
state the prices, written in ink, for which he proposes to do the work
contemplated or furnish the material required; the unit prices shall be written
both in words and numerals. Such prices shall be written distinctly legible. In
case of discrepancy between the unit price written in words and the unit price
_written in figures, the unit price written in words shall govern. The unit price
shall govern over the amount. If the proposal is submitted by an individual, his
name must be signed by him or his duly authorized agent. If the proposal is
submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm,
association, or partnership, or person duly authorized. If the proposal is
submitted by a company or corporation, the company or corporate name and business
address must be given and the proposal signed by an official or duly authorized
agent. Proposals submitted by a joint venture shall list all participants and
their addresses. Powers of attorney, authorizing agents or others to sign
proposals, must be properly certified and must be in writing and submitted with
the proposal.
B-2-8 Proposal Guaranty:
No proposal will be considered unless accompanied by an individual bid security
(bond) for the project in the amount of five percent (5%) of the highest amount
bid. Such bid security shall be issued by a firm licensed for issuance in the
State of Texas. A cashier's check, certified check, money order, or bank draft
r- from any state or national bank will also be acceptable. The security shall be
6 deemed a good faith offer on the part of the bidder to accept a contract, if
awarded. In the event the successful bidder declines to accept such award or
cannot provide the required bonds and insurance certificates within ten (10)
calendar days of the award of the contract, then the amount of the bid security
will become the property of the City, not as penalty but as liquidated damages.
The bid securities of the unsuccessful bidders may be released within forty-
eight (48) hours of the time bids are received. The bid security of the
successful bidder will be released upon execution of the contract documents and
submission of the required bonds and certificates.
10 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
receiving proposals as stated in the advertisement. Each proposal shall be in a
sealed envelope, plainly marked with the word "PROPOSAL" and the name and
description of the project as designated in the "ADVERTISEMENT".
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
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[FA
proposals must be made in writing addressed to the City Engineer and filed with
the City Secretary prior to the time set opening proposals. After other
proposals are opened and publicly read, the proposal for which withdrawal is
properly requested may be returned unopened.
B-2-11 Cancellation of Bid Opening:
The City may, at any time, before any bids are actually opened, cancel the
opening of the bids and return all bids unopened.
B-2-12 Opening Proposals:
The proposals filed with the City Secretary will be opened at the time stated
in the advertisement and publicly read aloud and shall thereafter remain on file
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
properly account for duly issued addenda, alterations of form, additions,
conditions not called for, unauthorized alternate bids or irregularities or
qualifications of any kind. However, the City reserves the right to waive any
irregularities and to make the award in the best interest of the City.
B-2-14 Rejection of Proposals:
The City reserves the right to reject any or all proposals, and all proposals
submitted are subject to this reservation. Proposals containing any
irregularities or showing an unbalanced value of any items may be rejected.
Proposals will be rejected for any of the following specific reasons:
[IN (a) Proposal received after the time limit for receiving proposals as
stated in the advertisement.
(b) Proposal submitted without the required bid security.
(c) Proposal submitted and not sealed and/or identifiable to a particular
project.
B-2-15 Disqualification of Bidders:
Bidders may be disqualified and their proposals not considered for any of the
following specific reasons:
(a) Reason for believing collusion exists among the bidders.
(b) Reasonable grounds for believing that any bidder is interested in more
than one proposal for the work contemplated.
(c) The bidder being interested in any litigation against the City.
(d) The bidder being in arrears on any existing contract, having defaulted
on previous contracts, or being delinquent in the payment of City
taxes.
(e) Uncompleted work which, in the judgment of the City, will prevent or
hinder the prompt completion of additional work if awarded.
(f) Previous experience investigation reveals poor, incomplete,
unacceptable, or inferior work performance and prosecution and lack of
fiscal responsibility in paying for services, labor, or products
rendered on such previous work.
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B-2-16 Disclosure of Interests:
All entities desiring to do business with the City of Corpus Christi are
required to provide a Disclosure of Interests. The required form is included as
a part of the proposal. Prospective bidders may submit the form with their
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.
[W
B-3 AWARD AND EXECUTION OF CONTRACT:
B-3-1 Consideration of Contract:
After proposals are opened, the proposals will be tabulated for comparison on
the basis of the bid prices and quantities shown in the proposal. Until final
award of the contract, the City reserves the right to reject any or all proposals
or proceed to do the work otherwise in the best interest of the City.
B-3-2 Award of Contract:
The City reserves the right to withhold the award of the contract for a
reasonable period of time from date of opening proposals, and no award will be
made until after investigations are made as to the responsibilities of the low
bidder. In the City's considering of an award, the bidder may be requested to
submit statements regarding previous experience in performing comparable or
similar work, his business or technical organization and equipment to help the
City evaluate the bidder's abilities. The basis for an award will be determined
by the lowest responsible bidder (Article 2368a VATS) deemed most advantageous to
[11 the City and not necessarily the lowest bidder. In no case will a contract be
awarded until at least forty-eight (48) hours shall have elapsed from the time of
opening proposals.
B-3-3 Equal Opportunity Employer Provisions:
Every Contractor must agree that during the performance of his contract he
rwill:
As (1) Treat all applicants and employees without discrimination as to race,
color, religion, sex, or national origin.
1: (2) Identify himself as an equal opportunity employer in all help wanted
advertising or requests.
The Contractor is hereby advised that any complaints filed with the City
alleging that a Contractor is not an equal opportunity employer during the six
months preceding the date of receipt of bids will be referred to the Human
Relations Commission through its Human Relations Administrator for the purpose of
review and recommendations. The report of the Human Relations Commission will be
transmitted to the City Engineer who will include a summary of such report with
any future bid award recommendations for which the Contractor is a bidder and
bring to the attention of the City Council any such report received prior to the
issuance of a work order to any such Contractor. A copy of this report shall be
sent to the Contractor. The Human Relations Administrator will follow up any
such report and bring to the attention of the Commission any further action by
the Contractor which would include that the findings of the Commission should be
modified. Any such modified findings of the Commission will be delivered to the
City Engineer with a copy to the Contractor and be included in any future bid
award recommendations.
(rev. Nov/94)
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['a The City Council reserves the right to consider such reports in determining the
best bid and to terminate, on the basis of such report, any portion of a contract
for which a work order has not been issued. However, the Contractor is
specifically advised that no equal opportunity employment complaint will be the
basis for cancellation of any contract for which a work order has been issued.
B-3-4 Surety Bonds:
With the execution and delivery of the contract, the Contractor shall furnish
and file with the City, in the amounts herein required, the following surety
bonds:
(a) Performance Bond: A good and sufficient bond in an amount equal to one
hundred percent (100%) of the approximate total amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full and
faithful execution of the work and performance of the contract, and for the
[: 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
La prosecution of the work provided for in said contract and for the use of each
such claimant. A Payment Bond will not be required if the contract amount does
not exceed $25, 000.00.
la (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
['a any bonds or who is interested in any litigation against the City. All bonds
shall be issued by an approved surety company authorized to do business in the
State of Texas and acceptable to the City, and the surety shall designate an
agent who is a resident of Nueces County, Texas. Each bond shall be executed by
the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given the Contractor to that effect, and the Contractor
shall immediately provide a new surety satisfactory to the City. No payment will
be made under the contract until the new surety, or sureties as required, has
qualified and been accepted by the City. The contract shall not be operative nor
will any payments be due or paid until approval of the bonds has been made by the
City.
The City requires that the Power of Attorney submitted with any surety bond
(Performance, Payment, etc.) be signed with an original signature and properly
dated and sealed. In the event a facsimile Power of Attorney is used, the City
must have on file a sworn statement from an officer of the surety company to the
effect that the agent who signs the bond form for the surety is currently in good
standing with the surety. It is also required that the facsimile be a true copy
of the original Power of Attorney on file among the records of the surety in its
home office, not be amended or abridge, still be in full force and effect, and
that the City will be notified in the event of cancellation of the particular
agent.
B-3-5 Execution of Contract:
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[0The person or persons, partnership, company, firm, association, corporation, or
joint venture to whom a contract is awarded shall, within ten (10) calendar days
after such award and after the Contractor has been requested to execute the
documents, sign the required contract, furnish the required insurance
certificates, and execute the required bonds. No contract shall be binding on
the City until it has been attested by the City Secretary, approved as to form by
the City Attorney, executed for the City by the City Manager, and delivered to
the Contractor.
[0 B-3-6 Failure to Execute Contract:
The failure of the bidder to execute the required bonds, furnish the required
[10 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
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:
LikIn the course of furnishing or constructing a complete work or improvement,
certain work may be necessary which is subsidiary to the items which are
established as pay items. Some such subsidiary work may be shown and specified
in detail in the plans and specifications, other work may be less completely
shown, and other such work which is entirely necessary for the satisfactory
completion of the work as a whole may not be noted on the plans or in the
specifications. It shall be the duty of the Contractor to carry out all such
subsidiary work as if fully shown, and the cost of such work shall be made
subsidiary to the established pay item.
6 B-4-3 Increased or Decreased Quantities of Work:
(a) The City reserves the right to alter the quantities of the work to be
performed or to extend or shorten the improvements at any time when and as found
necessary, and the Contractor shall perform the work as altered. No allowance
will be made for any change in anticipated profits not shall such changes be
considered as waiving or invalidating any conditions or provisions of the
contract or bonds.
(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
Is of the proposal quantities and the contract unit prices.
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(c) When the quantity of work to be done or of materials to be furnished under
any Major Item of the contract is more than one hundred twenty-five (125%) of the
quantity of that unit stated in the proposal, then either party to the contract,
upon demand, shall be entitled to revised consideration on that portion of the
work above one hundred twenty-five percent (125%) of the quantity stated in the
proposal.
(d) When the quantity of work done or materials to be furnished under any Major
IN Item of the contract is less than seventy-five percent (75%) of the quantity of
that item stated in the proposal, then either party to the contract, upon demand,
shall be entitled to revised consideration on the work performed.
(e) Any revised consideration is to be determined by special agreement or as
is hereinafter provided under "Payment for Extra Work".
B-4-4 Alteration of Plans and Specifications:
t: The City reserves the right to make such changes in the plans and
specifications and in the character of the work as may be necessary or desirable
to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general
nature of the work as a whole. Such changes shall not be considered as waiving or
invalidating any condition or provision of the contract and bonds.
B-4-5 Value 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
including any modifications to the plans and specifications.
(2) The comparative advantages and disadvantages of both the present
requirement and the proposed change.
(3) An analysis of how the proposed change will alter the function,
characteristics and/or performance of a component.
[ft (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.
athxeimluamtetdastevwh. thn buponinccoormppolrd itnitmoe thoe
[10 contract oevefm
delivery schedule should also be noted.
The City Engineer shall notify the Contractor of the status of the VECP within
thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City
Engineer shall be final. If the VECP is not accepted, written notification will
be provided detailing the reasons for rejection. Any VECP may be accepted in
whole or in part.
Execution by both parties of a change order to the contract covering the
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.
[01 (rev. Nov/94)
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[0
[0The Contractor's share of the savings resulting from approval of the VECP shall
be fifty percent (50%) of the net cost savings calculated as follows:
Contractor's Share = .50 (existing contract requirement cost -proposed change
costs - testing and evaluation costs incurred by the City or Contractor) .
This savings will be reflected on the change order approving the VECP and
LIP 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:
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
:11 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
r- the contract.
tO
B-5-2 Authority and Duty of Engineers or Inspectors:
The City Engineer may appoint Engineers and/or Inspectors as assistants to
inspect all work done and material furnished. Such inspection may extend to all
or any part of the work and to the preparation, fabrication or manufacture of the
materials to be used. The Engineer or Inspector will not be authorized to
revoke, alter, expand, relax, or waive any requirements of the contract
documents. The Engineer or Inspector will keep a record of the progress of the
work and the manner in which it is being performed and inform the City Engineer
of same. He is authorized to call to the attention of the Contractor any
deficiency of the work or of materials to conform to the contract documents;
however, failure to do soshall 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
[10 requirements and intent of the plans and specifications.
The Engineer or Inspector shall in no case act as foreman or supervisor or
perform other duties for the Contractor nor interfere with the management of the
work by the latter. Any advice which the Engineer or Inspector may give the
Contractor shall in no way be construed as binding to the City or release the
Contractor from fulfilling all the terms of the contract.
The Engineer or Inspector shall have the authority to reject materials or
suspend the work until any questions at issue can be referred to and decided by
the City Engineer. If the Contractor refuses to suspend operations on verbal
order, the Engineer or Inspector shall issue a written order giving the reason
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.
:0 (rev. Nov/94)
PAGE 11 OF 29
B-5-3 Conformity with Plans:
All work shall conform to the lines, grades, cross-sections, and dimensions
shown on the plans. Any deviation from the plans which may be required by the
exigencies of construction will be determined by the City Engineer and authorized
by him in writing.
B-5-4 Existing Structures:
The plans show the location of all known surface and subsurface structures.
However, the location of many gas mains, water mains, conduits, sewers, etc. is
unknown, and the City assumes no responsibility for failure to shown any or all
of these structures on the plans or to show them in their exact location. It is
mutually agreed such failure will not be considered sufficient basis for claims
for additional compensation for extra work in any manner whatsoever unless the
obstruction encountered is such as to necessitate substantial changes in the
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.
hm
B-5-5 Coordination of Plans, Specifications, Proposal and Special Provisions:
The plans, general provisions, proposal, special provisions, standard
specifications and all supplemental documents are intended to describe a complete
work and are essential parts of the contract. A requirement occurring in any of
them is binding. In case of discrepancies, figured dimensions shall govern over
scale dimensions; plans shall govern over specifications; special provisions
shall govern over both general and standard specifications; and plans and
quantities shown on the plans shall govern over those shown in the proposal. The
Contractor shall not take advantage of any apparent error or omission in the
plans and specifications, and the City Engineer shall be permitted to make such
corrections or interpretations as may be deemed necessary for the fulfillment of
the intent of the plans and specifications. In the event the Contractor discovers
an apparent error or discrepancy, he shall immediately call this to the attention
1: 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
copy of said plans and specifications. The Contractor shall give to the work the
consistent attention necessary to facilitate the progress thereof, and he shall
cooperate with the City Engineer, his authorized representatives, and with other
contractors in every way possible. The Contractor shall provide a competent
superintendent on the work at all times who is fully authorized as his agent on
the work. Such superintendent shall be capable of reading and understanding the
plans and specifications and shall receive and fulfill instructions from the City
Engineer or his authorized representatives. The Contractor shall provide all
facilities to enable the Engineer or Inspector to inspect the workmanship and
materials entering into the work. On marine work, the Contractor shall furnish
motorboat transportation as required by the Engineer for the purpose of
inspecting the work. The superintendent shall keep the City Engineer or his
representative informed of the work he is planning to do and the work schedule.
(rev. Nov/94)
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B-5-7 Construction Staking:
The Engineer will furnish the Contractor with lines, grades, and measurements
necessary for the proper prosecution and control of the work contracted for under
these specifications. Such stakes or markings as the Engineer may establish
either for his own use or the Contractor's guidance shall be preserved by the
Contractor until authorized by the Engineer to remove same. Unnecessary
destruction of stakes shall not be allowed by the Contractor. The Contractor
I► 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,
1: 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
6 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:
b
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
10 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
[0 Society for Testing Materials. The Contractor shall provide such facilities as
the Engineer may require for collecting and forwarding samples and shall not use
the materials represented by the samples until tests have been made. The
Contractor shall furnish adequate samples without charge.
B-5-10 "Or Equal" Clause:
All bids shall be based on the specified products. Where two or more products
are specified for an item of work, either one thereof is acceptable and the
choice is left to the Contractor. Where only one product is specified, and where
the term "or approved equal" or similar wording is used in connection with
specified products, the Contractor may, if he so desires, offer for consideration
a substitute product which he judges to be equal in every respect to the required
product. When a specific process is specified as well as a guarantee of the
results, the Contractor shall, if in his judgement the process may not produce
the required result, offer for approval an alternative process which he would
guarantee. All such offers shall be made in writing to the Engineer after award
of contract.
The Contractor shall furnish to the Engineer with the first submittal
sufficient drawings, specifications, samples, performance data, and other
information necessary to assist the Engineer in determining whether the proposed
substitution is acceptable. The burden of proof shall be upon the Contractor.
No consideration will be given to incomplete submittals. Substitutions must be
approved in writing before they may be used.
B-5-11 Storage of Materials:
(rev. Nov/94)
s PAGE 13 OF 29
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Materials shall be stored so as to insure the preservation of their quality and
fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard, clean surfaces and not on the ground, and shall
be placed under cover when directed. Stored materials shall be placed and'
[: located so as to facilitate prompt inspection. Particular attention is directed
to the storage or structural steel and reinforcing steel, which shall not be
stored on the ground.
6
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
r Contractor's expense. Defective materials shall be immediately remove from the
L. 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
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
!: 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.
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
IR modifications.
B-5-14 Warranty Inspection:
Forty-five (45) to sixty (60) days prior to the expiration of the maintenance
guaranty period as specified in the contract documents, a warranty inspection
will be made. The Contractor may be notified when this examination will be made
so that he or his representatives may be present:
Within the maintenance guaranty period, the Contractor when ordered by the
Engineer, shall repair, replace or rebuild such portions which are found to be
faulty because of materials or workmanship. The Contractor shall begin the
remedial work within ten (10) calendar days of written order by the Engineer. In
case the Contractor does not start remedial 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.
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
:111 )rev. Nov/94)
PAGE 14 OF 29
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IN of the work and shall observe and comply with all orders, laws, ordinances and
regulations which exist or which may be enacted later by bodies having
jurisdiction or authority for such enactment. No pleas of misunderstanding or
ignorance thereof will be considered. The Contractor and his surety shall
indemnify and save harmless the City and all its officials, agents, and employees
against any claims or liability arising from or based on the violation of any
such law, ordinance, regulation or order, whether by himself or his employees.
I
B-6-2 Permits and Licenses:
The Contractor shall procure all legally required building, plumbing,
ri electrical and other permits and licenses, pay all charges and fees (except City
la 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.
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
■I1 patented design, device, material or process or any trademark or copyright in
connection with the work agreed to be performed under this contract and shall
indemnify the City for any cost, expense, or damage which it may be obliged to
LO
pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
B-6-4 Sanitary Provisions:
The Contractor shall establish and enforce among his employees such regulations
in regard to cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infection or contagious diseases and to
prevent effectively the creation of a nuisance about the work or any property
either public or private, and such regulations as are required by the Engineer
shall be put into immediate force and effect by the Contractor. The necessary
['s sanitary conveniences for the use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as will be approved by the Engineer, and their use
shall be strictly enforced by the Contractor. All sanitary laws and regulations
[ill of the State of Texas and the City of Corpus Christi shall be strictly complied
with.
B-6-5 Public Convenience and Safety:
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
than is considered necessary by the Engineer. The Contractor shall, upon
1: direction of the Engineer, make provisions by bridges or otherwise at sidewalks
and private driveways for the free passage of pedestrians and vehicles provided
that, where bridging is impracticable or unnecessary in the 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
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
(rev. Nov/94)
PAGE 15 OF 29
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10 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.
The City reserves the right to remedy any neglect on the part of the Contractor
W 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
V
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
it 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
11111 arrangements for crossings over ditches or streams, his responsibility for
accidents shall include the roadway approaches as well as the structures of such
crossings. The Contractor shall mark all detours as directed by the Engineer so
that the entire route of the detour is designated, such markings to be by neat
and workmanlike signs large enough and so painted and so placed as to be clearly
visible.
E. B-6-6 Privileges of Contractor in Streets, Alleys and Right-of-Way:
For the performance of the contract, the Contractor will be permitted to occupy
such portions of streets or alleys, or other public places or other right-of-way,
as provided for in the ordinances of the City, as shown on the plans or as
permitted by the Engineer. A reasonable amount of tools, materials and equipment
for construction purposes may be stored in such space but not more than is
necessary to avoid delay in the construction. Excavation and waste materials
shall be piled or stacked in such a way as not to interfere with spaces that may
be designated to be left free and unobstructed. Other Contractors of the City
may, for all purposes be required by their contracts, enter upon the work and
premises used by the Contractor, and the Contractor shall give to other
contractors of the City all reasonable facilities and assistance for the
10 completion of adjoining work. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
B-6-7 Railway Crossings:
Where the work encroaches upon any right-of-way of any railway, the City will
secure the necessary easement for the work. Where railway tracks are to be
crossed, the Contractor shall observe all the regulations and instructions of the
r- railway company as to methods of doing the work or precautions for safety of
I11 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
ris 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.
[1'0 B-6-8 Traffic Control Devices:
Where the Contractor's operations are carried on in or adjacent to any public
right-of-way or public place and which, in the opinion of the City Engineer,
[116 interferes with normal vehicular and pedestrian traffic, the Contractor shall
take appropriate measures to protect persons, property and the work. Such
measures shall include but not be limited to barricades, lights, signs, fences,
flagmen, and watchmen. Such measures shall be taken to exclude or route
LB pedestrian and vehicular traffic around the work and area of operations.
Barricades, lights, signs and flagmen shall be utilized in accordance with the
Uniform Barricading Standards and Practices as adopted by the City.
L The Contractor shall be responsible for all damages to persons, property and
e work occasioned by his operations and said responsibility shall not cease
until the project has been accepted by the City.
(rev. Nov/94)
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B-6-9 Use of Explosives:
Should the Contractor elect to use explosives in the prosecution of the work,
the utmost care shall be exercised so as not to endanger life or property. The
City shall not be held liable for damages done by the Contractor in the use of
explosives. The Contractor shall notify the proper representatives of any public
service corporation, any company or any individual not less than eight (8) hours
in advance of the use of explosives which might damage or endanger their or his
property along or adjacent to the work. Wherever explosives are stored or kept,
they shall be stored in a safe and secure manner, and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent
watchmen at all times.
B-6-10 Protection and Restoration of Property:
It 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
c10 precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and
gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof;
and to all other public and private property along or adjacent to the work. The
Contractor shall be responsible for all damage or injury to the property of any
character resulting from any act, omission, neglect or misconduct in the
execution of the work or in consequence of the non-execution thereof on the part
of the Contractor, he shall restore or have restored at his own cost and expense
such property to a condition similar to equal to that existing before such damage
or injury was done by repairing, rebuilding or otherwise restoring as may be
directed, or he shall made good such damage from injury in a manner acceptable to
the owner or the Engineer. In case of failure on the part of the Contractor to
restore such property or to make good such damage or injury, the Engineer may,
after forty-eight (48) hours written notice under ordinary circumstances, and
without notice when a nuisance or hazardous condition results, proceed to repair,
rebuild or otherwise restore such property as may be determined necessary, and
the cost thereof will be deducted from any monies due or to become due the
Contractor under his contract.
B-6-11 Responsibility for Damage Claims:
The Contractor shall not commence work under this contract until he has
rrl obtained all insurance required herein and such insurance has been approved by
the City. The Contractor shall not allow any subcontractor(s) to commence work
["0 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
110 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
10 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
[0
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.
[11 (rev. Nov/94)
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(a) General Liability, including Commercial General Form; Premises -
Operations; Explosion & Collapse Hazard; Underground Hazard; Products/Completed
Operations Hazard; Contractual Insurance, with an endorsement on the face of the
certificate that it includes the "Hold Harmless" in the last paragraph of this
provision; Broad Form Property Damage; Independent Contractors; and Personal
Injury:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Consequent Death $300,000 Per Person
Bodily Injury and Consequent Death $500,000 Each Occurrence
Property Damage $100,000 Each Occurrence
(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
(c) Workers' Compensation and Occupational Diseases:
The Contractor shall obtain worker's compensation insurance coverage through
a licensed insurance company or through self-insurance obtained in accordance
with Texas law. If such coverage is obtained through a licensed insurance
company, then the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage is provided through self-insurance, then within ten (10)
calendar days after the date the City requests that the Contractor sign the
contract documents, the Contractor shall provide the City with a copy of its
certificate of authority to self-insure its workers' compensation coverage as
well as a letter, signed by the Contractor, stating that the certificate of
authority to self-insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the
City, such certificate of authority to self-insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate,
then the Contractor shall immediately provide written notice of such facts to the
City, by certified mail, return receipt requested directed to: City of Corpus
ha Christi, Department of Engineering Services, P.O. Box 9277, Corpus Christi, Texas
78469 - Attention: Contract Administrator.
[10 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.
[101 (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,
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.
(rev. Nov/94)
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i; Contractor shall be responsible for paying all costs necessary to procure
Y such builder's risk insurance coverage, including any deductible. The City shall
be named an additional insured on any policies providing such insurance coverage.
LIn 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
L responsibility for immediately notifying the carriers of any or all insurance
under this contract in the event of a known loss or claim presented to the
Contractor by the City or a third party.
r Contractor agrees to indemnify, save harmless and defend the City, its
iii 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
LK
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
[10 or any other person indemnified hereunder.
B-6-12 Contractor's Claim for Damages:
Should the Contractor claim compensation for any alleged damage by reason of
the acts or omissions of the City, he shall, within three (3) days after
sustaining such alleged damage, make a written statement to the City Engineer,
setting out in detail the nature of the alleged damage; and on or before the
twenty-fifth (25th) day of the month succeeding that in which any such damage is
claimed to have been sustained, the Contractor shall file with the City Engineer
an itemized statement of the details and amount of such alleged damage and, upon
request, shall give the City Engineer access to all books of accounts, receipts,
I: vouchers, bills of lading and other books or papers containing any evidence as to
the amount or such alleged damage. Unless such statements shall be filed as
hereinabove required, the Contractor's claim for compensation shall be waived and
he shall not be entitled to payment on account of such damage.
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B-6-13 Public Utilities and Other Property to be Changed:
In case it is necessary to change or move, the property shall not be moved or
interfered with until ordered to do so by the Engineer, unless the plans or
specifications show that such work is to be done by the Contractor. The right is
reserved to the owner of public utilities to enter upon the limits of the
contract for the purpose of making such changes or repairs of their property that
may be necessary by performance of the contract. The City reserves the right of
entering upon the limits of the contract for the purpose of repairing or relaying
sewer, gas and water lines and appurtenances, repairing structures, etc., and
L making other repairs, changes or extensions to any City property.
B-6-14 Temporary Sewer and Drain Connections:
When existing sewers have to be taken up or removed, the Contractor shall, at
L 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
1: 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
L 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
iii (rev. Nov/94)
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[1: 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:
[0
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,
L this in no way obligates the City to provide water.
B-6-16 Use of Fire Hydrants:
ilim 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.
1110
B-6-17 Use of a Section or Portion of the Work:
LWherever, in the opinion of the Engineer, any section or portion of the work
or any structure is in suitable condition, it may be put into use upon the
written order of the Engineer„ and such usage shall not be held to be in any way
an acceptance of said work or structure or any part thereof or as a waiver of any
of the provisions of these specifications or the contract pending final
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
LI to operations of the Contractor, shall be performed by the Contractor at his own
cost and expense.
B-6-18 Separate Contracts:
The City reserves the right to make essential installation of items not
included in the contract prior to acceptance of the project from the Contractor.
Within this right, the City may let other contracts or may do such work with its
own materials and labor forces. The City, in reserving this right, warrants that
it will cooperate with the Contractor's forces and goals. The Contractor shall
not commit or permit any act which will interfere with the performance of work by
any other contractor or company or by City employees. The Contractor shall
cooperate to the end that the City may realize a complete functioning of the
t: project on the date of Final Acceptance.
B-6-19 Contractor's Responsibility for the Work:
F
Until written acceptance by the Engineer, as provided for in these
111► 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
L work or any part thereof by action of the elements or from any other cause
whatsoever, whether arising from the execution or non-execution of the work. The
Contractor shall rebuild, repair, restore and make good, at his own cost and
expense, all injuries or damages to any portion of the work occasioned by any of
the hereinabove causes.
B-6-20 No Waiver of Legal Right:
Inspection by the Engineer, any order, measurement, quantity or certificate
i:
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
cia therein reserved to the City of any rights or damages therein provided. Any
waiver of any breach of contract shall not be held to be waiver of any other or
subsequent breach. The City reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to adjust the same to meet
the requirements of the contract and specifications. The City reserves the right
(rev. Nov/94)
PAGE 20 OF 29
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to claim and recover by process of law sums as may be sufficient to correct any
�1 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
L.
subcontractor, supplier, materialman, or their officials, employees, agents, or
consultants.
B-6-22 Tax Exemption Provision:
Contracts awarded by the City of Corpus Christi qualify for exemption
pursuant to the provision of Article 20.04 (H) of the Texas Limited Sales, Excise
and Use Tax Act.
The Contractor performing this contract may purchase, rent or lease all
materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate complying with State Comptroller's Ruling #95-0.07.
Any such exemption certificate issued by the contractor in lieu of the tax shall
t: be subject to the provisions of the State Comptroller's Ruling #95-0.09 as
amended to be effective October 2, 1968.
B-7 PROSECUTION AND PROGRESS:
B-7-1 Subletting the Work:
The Contractor shall perform with his own organization and with the
1: assistance of workmen under his immediate superintendence, work of a value not
less than fifty percent (50%) of the value of all work embraced in the contract
exclusive of items not commonly found in contracts for similar work or which
require highly-specialized knowledge, craftsmanship and/or equipment not
- ordinarily available in the organizations of Contractors performing work of the
character embraced in the contract. No portion of the work covered by these
specifications and contract, except contracts for purchase and delivery of
materials, shall be sublet without written permission of the City. If the
Contractor sublets any part of the work to be done under his contract, he will
not, under any circumstances, be relieved of his responsibility and obligations.
All transactions of the Engineer will be with the Contractor. Subcontractors
will be considered only in the capacity of employees and/or workmen and shall be
subject to the same requirements as to character, competency, wages and hours.
The City will not recognize any subcontractor on the work. The Contractor shall,
at all times when the work is in operation, be represented either in person or by
a qualified superintendent or other designated representative.
B-7-2 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,
without the previous consent of the City Council and concurred in by the
sureties. If the Contractor does without such previous consent assign, transfer,
convey or otherwise dispose of the contract or of his rights, title or interest
therein, or any part thereof to any persons, partnership, company, firm or
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PAGE 21 OF 29
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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
1: said contract; and any monies due or to become due under said contract shall be
retained by the City as liquidated damages for the reason that it would be
impracticable and extremely difficult to fix the actual damages.
C: 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
t"s)
sequence of prosecution of the work that he intends to follow in order to
complete the contract within the allotted time. Whenever, during the course of
the work, this planned sequence and/or method must be revised, such revision
shall be submitted in writing to the Engineer.
The Contractor shall begin the work to be performed under this contract
within the time limit stated in the Agreement and shall conduct the work in such
a manner and with sufficient equipment, materials and labor as is necessary to
1: insure its completion within the time limit. The sequence of all construction
operations shall be at all times as directed be or approver by the Engineer.
Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance- of the contract. Should the
prosecution of the work be discontinued by the Contractor, he shall notify the
Engineer at least twenty-four (24) hours in advance of resuming operations.
B-7-4 Limitation of Operations:.
The work shall be so conducted as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor
has obstructed or closes or is carrying on operations on a greater portion of the
street or public way than is necessary for the proper execution of the work, the
Engineer may require the Contractor to finish the sections on which work is in
progress before operations are started on any additional section.
8-7-5 Character of Workmen and Equipment:
Local labor shall be used by the Contractor if available. The Contractor may
bring in from outside the City his key employees and superintendent. All other
employees, including equipment operators, may be imported only after the local
supply is exhausted.
The Contractor shall employ such superintendents, foremen, and workmen as are
(ws careful and competent and the Engineer may demand the dismissal of any person or
persons employed by the Contractor in, about or on the work who shall misconduct
himself or be incompetent or negligent in the proper performance of his or their
duties or neglect or refuse to comply with the directions of the Engineer, and
such person or persons shall not be employed thereon again without the written
consent of the Engineer. All workmen shall have sufficient skill and experience
to perform properly the work assigned them. The Contractor shall furnish such
equipment as is considered necessary for the prosecution of the work in an
acceptable manner and at a satisfactory rate of progress. All equipment, tools
and machinery used for handling materials and executing any part of the work
shall be subject to the approval of the Engineer and shall be maintained in a
satisfactory working condition. Equipment on any portion of the work shall be
1; such that no injury to the work or adjacent property will result from its use.
B-7-6 Working Hours:
Work shall be done only during the regular and commonly accepted and
prescribed working hours. No work on any unit of this contract shall be
performed before 7 a.m. , or after 6 p.m., or on Sunday, or on a regular holiday
as listed in the definitions, unless special permission is given in writing by
(rev. Nov/94)
PAGE 22 OF 29
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the Engineer. Excepted from the preceding shall be the setting of flashers,
maintenance of barricades, wetting of concrete curing mats, and such measures as
the Contractor must take to protect life and property, as are of an emergency
nature and not merely extensions of the regular working day. Attention is
directed to the definition for contract time.
B-7-7 Time of Commencement and Completion:
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:
The Contractor shall be entitled to an extension of time as provided herein
only when claim for such extension is submitted to the City in writing by the
Contractor within seven (7) days from and after the time when any alleged cause
of delay shall occur, and then only when such claim is approved by the City. In
adjusting the contract time for the completion of the project, unforeseeable
cause beyond the control and without the fault or negligence of the Contractor,
including but not restricted to inability to obtain supplies and materials, acts
of God, or the public enemy, acts of the owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, unusually severe weather
1 conditions (weather which is beyond the normal weather recorded and expected for
the season or seasons of the year in the records of the National Oceanic and
Atmospheric Administration's Climatic Data Center) , or delays of subcontractors
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
1: 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:
-1' For the purpose of computation, the contract time shall begin with the tenth
(10th) calendar day after the date of the written authorization by the City
Engineer to begin work, or such earlier date as work, other than the delivery of
materials, is actually commenced.
The Engineer shall furnish the Contractor a monthly statement showing the
days (calendar or working) charged during the month. If no protest as to the
correctness of the statement is filed within seven (7) days by the Contractor,
the statement will stand.
Contract time shall be charged as described under the definition thereof.
B-7-10 Failure 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
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.
PteL.,
(rev. Nov/94)
PAGE 23 OF 29
(
fir
[:
The sum of money thus deducted for such delay, or noncompletion is not to be
considered as a penalty but shall be deemed, taken and treated as reasonable
liquidated damages since it would be impracticable and extremely difficult to fix
the actual damages, with such sums of money to be deducted from Contractor's
[: monies at the time or times such damages begin to occur, thence to the completion
of construction.
B-7-11 Suspension by Court Order:
The Contractor shall suspend such part or parts of the work ordered by the
Court, and will not be entitled to additional compensation by virtue of such
Court Order. Neither will he be liable to the City in the event and for the time
!: the work is suspended by Court Order.
B-7-12 Temporary Suspension:
The Engineer shall have the authority to suspend the work wholly or in part
for such period or periods as he may deem necessary due to unsuitable weather
conditions as are considered unfavorable for the suitable prosecution of the
work. If it should become necessary to stop work for an 'indefinite period, the
Contractor shall store all materials in such manner that they will not obstruct
or impede the public unnecessarily or become damaged in any way, and he shall
take every precaution to prevent damage or deterioration of the work performed;
he shall provide suitable drainage about the work and erect temporary structures
where necessary. The Contractor shall not suspend work without written authority
Lie from the Engineer and shall proceed with work promptly when notified by the
Engineer to resume operations.
B-7-13 Suspension of Work and Annulment of Contract:
The work or any portion of the work under contract shall be suspended
immediately on written order of the City Engineer or the City Manager, a copy of
such notice to be served on the Contractor's sureties, or the contract may be
annulled by the City for any good cause or causes, among others of which special
reference is made to the following:
torA (a) Failure of the Contractor to start the work within the specified
LO number of calendar days from the date of written notice by the City to
begin the work.
(b) Substantial evidence that the progress of the work being made by the
Contractor is insufficient to complete the work within the specified
time.
(c) Failure of the Contractor to provide sufficient and proper equipment
for properly executing the work.
(d) Substantial evidence that the Contractor has abandoned the work.
t; (e) Substantial evidence that the Contractor has become insolvent or
bankrupt, or otherwise financially unable to carry on the work.
(f) Deliberate failure on the part of the Contractor to observe any
requirements of these specifications or to comply with any orders
given by the Engineer as provided for in these specifications.
(g) Failure of the Contractor to promptly make good any defects in
materials or workmanship, or any defects of any nature, the correction
of which has been directed in writing by the Engineer.
(h) Substantial evidence of collusion for the purpose of illegally
procuring a contract or perpetrating fraud on the City in the
construction of the work under contract.
[:
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PAGE 24 OF 29
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the work is suspended for any of the causes itemized above or for any
r 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
1: Contractor to discontinue, and may perform the same, or may, with the written
consent of the City, sublet the work or that portion of the work so taken over,
provided however that the sureties shall exercise their option, if at all, within
two (2) weeks after the written notice to discontinue the work has been served
upon the Contractor and upon the sureties or their authorized agents. The
sureties in such event shall assume the Contractor's place in all respects, and
shall be paid by the City for all work performed by them in accordance with the
terms of the contract. All monies remaining due the Contractor at the time of
his default shall thereupon become due and payable to the sureties as the work
progresses, subject to all the terms of the contract. In case the sureties do
not, within the hereinabove specified time, exercise their right and option to
assume the contract or that portion thereof which the City has ordered the
Contractor to discontinue, then the City shall have the power to complete by
contract or otherwise as it may deem necessary; and the Contractor hereto agrees
that the City shall have the right to take possession of and use any of the
materials, plant, tools, equipment, supplies and property of every kind provided
;". by the Contractor for the purpose of his work and to procure other tools,
equipment and materials for the completion of the same, and to charge to the
account of the Contractor the expenses of said contract or labor, materials,
tools, equipment and expenses incidental thereto. The expense so charged shall
be deducted by the City out of such monies as may be due or may at any time
thereafter become due the Contractor under and by virtue of the contract or any
part thereof. The City shall not be required to obtain the lowest bid for the
work of completing the contract, but the expenses to be deducted shall be the
actual cost of such work. In case such expense is less than the sum which would
have been payable under the contract if the same had been completed by the
Contractor, then in such case, the City may pay to the Contractor the difference
in cost provided that the Contractor shall not be entitled to any claim for
damages or for loss of anticipated profits; in case such expense shall exceed the
amount which would have been payable under the contract if the same had been
completed by the Contractor, then the Contractor and his sureties shall pay the
amount of such excess to the City on notice from the City of the excess due.
When any particular part of the work is being carried on by the City by contract
or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the contract, and in
such manner as not to hinder or interfere with the performance of workmen
employed as above provided by the City.
B-7-14 Termination of Contract:
The contract will be considered fulfilled, saved as provided in any
maintenance stipulations, bond or by law, when all the work has been completed,
the final inspection made by the Engineer, and final acceptance and final payment
made by the City.
8-7-15 No Intent to Benefit Third Parties
Nothwithstanding anything contained in this Agreement to the contrary,
nothing in this Agreement, expressed or implied, is intended to confer on any
person other than the parties hereto or their respective heirs, successors,
executors, administrators and assigns any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
B-8 MEASUREMENT AND PAYMENT:
B-8-1 Measurement of Quantities:
[: 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
(rev. Nov/94)
PAGE 25 OF 29
taken according to the U.S. Standard Measurements, used in common practice, and
will be the actual length, area, solid contents, numbers and weight. It is
pointed out that inclusion in the standard construction specifications of
paragraphs describing methods of measurement and payment is not intended to imply
[0
that separate payments shall be made under each such standard specification. The
units for which payment shall be made are those stated in the proposal.
B-8-2 Unit Price:
Where in the proposal form a "Unit Price" is set forth, the "Unit Price"
shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, appliances, plant and equipment appurtenant to and necessary for
construction in every detail and the completion in a first class, workmanlike
manner of all the work to be done under these specifications. The "Unit Price"
shall also include all permanent protection of overhead, surface and underground
structures, cleaning up, finish, overhead expense, bond, insurance, patent fees,
royalties, risk due to the elements, delay, profit, injuries, damages, claims and
all other items not specifically mentioned that may be required to construct
fully each item of the work complete in place.
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B-8-3 Scope of Payment:
The Contractor shall receive and accept the compensation, as herein provided,
in full payment for furnishing all labor, tools, materials, equipment and
incidentals; for performing all work contemplated and embraced under the
contract; for all lose or damage arising out of the nature of the work or from
the action of the elements; for any unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work and before its final
acceptance by the Engineer; for all risks of whatever description connected with
the prosecution of the work; for all expense incurred by or in consequence of
suspension or discontinuance of such prosecution of the work as herein specified;
for any infringement of patents, trademarks or copyrights; and for completing the
work in an acceptable manner according to the plans and specifications. The
payment of any current or partial estimate prior to final acceptance of the work
by the City shall in no way constitute an acknowledgement of the acceptance of
the work nor in any way prejudice or affect the obligation of the Contractor to
repair, correct, renew, or replace, at his expense, any defects or imperfections
in the construction or in the strength or quality of the materials used in or
about the construction of the work under contract and its appurtenances, nor any
damage due or attributed to such defects, imperfections or damage shall have been
discovered on or before the final inspection and acceptance of the work.
The Engineer shall be the sole judge of such defects, imperfections or
damage; and the Contractor shall be liable to the City for failure to correct the
same as provided herein.
B-8-4 Payment for Extra Work:
Extra work authorized and approved by the City Engineer and performed by the
Contractor will be paid for in the manner hereinafter described, and the
compensation thus provided shall be accepted by the Contractor as payment in full
for all labor, material, tools, equipment and incidentals and all
superintendents' time and timekeepers' services, all insurance, bond and all
other overhead expenses incurred in the prosecution of the extra work. Payment
for extra work will be calculated on one of the following basis, subject to all
other conditions of the contract:
(a) By unit prices agreed on in writing by both parties, payment to be for
the quantity actually installed as finally measured.
(b) By a lump sum price agreed on in writing by both parties.
(rev. Nov/94)
PAGE 26 OF 29
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(c) By actual field cost of the work plus fifteen percent (15%) as
described hereinbelow, agreed on in writing by both parties. In the
event extra work is to be performed and paid for under this method,
the actual field cost of the work will include the cost of all
workmen, foremen, timekeepers, mechanics and laborers, and materials,
supplies, trucks, rental or machinery equipment, only for the time
actually employed or used on such extra work, plus all power, fuel,
lubricants, water and similar operating expenses, and a rateable
proportion of premiums on Performance and Payment Bonds, public
liability and Workmen's Compensation and all other insurance required
by law or ordinance. The Engineer will direct the form in which the
accounts or actual field cost will be kept and will specify in writing
the methods of doing the work, and the type and kind of machinery and
equipment to be used, and shall have authority to suspend such extra
work if in his judgement it is being conducted in a manner wasteful of
[: materials, equipment, or labor, or is not being prosecuted in an
efficient manner. The fifteen percent (15%) of the actual field cost
to be paid the Contractor shall cover and compensate him for profit,
overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the actual
field cost as herein specified. The Contractor shall give the
Engineer access to all accounts, bills, invoices and vouchers relating
thereto.
[*11
In the event agreement cannot be reached on method or prices of payment for
extra work, the City reserves the right to enter on the job with its own forces
or to hire other contractors to perform such extra work.
B-8-5 Policy on Extra Work and Change Orders:
The City Council of the City of Corpus Christi has adopted the following
Construction Change Order Policy which will be applicable to all City
construction projects, and the Contractor is hereby advised to be so guided in
the proceeding with any item of work which he considers to be extra work:
(a) All change orders require written quotations and must be approved in
writing by the Contractor and the City Engineer or his representative prior to
the work being done.
[: (b) All change orders in involving an expenditure of $10,000.00 or more
must be approved by the City Council.
(c) The City Manager, or duly authorized Assistant City Manager, has
authority to approve change orders between $5,000.00 and $10,000.00. The City
Manager may authorize change orders in excess of this amount only in emergency
situations where undue delays could cause damages, either physical or monetary,
to the City, Contractor, or general public. However, final approval must be
granted by the City Council.
(d) The City Engineer has authority to issue change orders up to $5,000.00.
(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.
B-8-6 Partial Estimates:
(rev. Nov/94)
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After the twenty-fifth (25th) day of the month and at the Contractor's
request, the Engineer will make an approximate estimate of the value of the work
done during the month under the specifications, which approximate estimate may
include the full net invoice value of acceptable non-perishable materials
delivered to the work (i.e. materials on hand) . The Contractor shall furnish to
the Engineer such detailed in formation as he may request to aid him as a guide
in the preparation of partial estimates. It is understood that the partial
estimates from month to month will be approximate only and all partial estimates
and payments will be subject to correction in the estimate rendered following the
discovery of an error in any previous estimate, and such estimate shall not in
any respect be taken as an admission of the City of the amount of work done or of
its quality or sufficiency nor as an acceptance of the work or the release of the
Contractor of any of his responsibility under the contract.
In determining the partial payment to be made to the Contractor, the City
will retain five percent (5%) of the total approximate estimate, unless otherwise
stated, and will deduct payments previously made. No partial payment will be
made when the said estimate or the estimates of work done since the last previous
estimate is less than One Hundred Dollars ($100.00) in amount. All retainage is
due and payable to the Contractor upon successful completion of the project and
will be included in the final payment. Payment shall be withheld as elsewhere
herein specified.
The City reserves the right to increase the retainage. In contracts in which
the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and
providing for retainage of greater than five percent (5%) of the total estimate,
the amount retained shall be deposited in an interest bearing account and the
interest earned shall be paid to the contractor upon completion of the contract
with the final payment, unless withheld as otherwise specified.
is
B-8-7 Withholding Payment:
Payment of estimates may be withheld if the work is not being executed in accordance
6 with the specifications and contract and/or to cover known claims as elsewhere specified.
B-8-8 Final Cleanup:
Upon completion of the work and before acceptance and final payment will be made, the
Contractor shall clean and remove from the site of the work surplus and discarded
materials, temporary structures, and debris of every kind. He shall leave the site of the
work in a neat, orderly condition, equal to that which originally existed. Surplus and
waste materials removed from the site of the work shall be disposed of at locations
satisfactory to the Engineer. Such final cleanup shall in general be considered as
subsidiary to the established pay items as a whole.
[10 B-8-9 Final Acceptance:
Whenever the improvement provided for by contract shall have been completely performed
on the part of the Contractor, the Contractor shall notify the Engineer that the
C: 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.
B-8-10 Final Payment:
Whenever the improvement provided for by contract shall have been completely performed
on the part of the Contractor as evidenced by the Engineer in the Certificate of Final
Inspection and Acceptance, a final estimate showing the value of the work will be prepared
by the Engineer as soon as the necessary measurements and computations can be made. All
prior estimates upon which payments have been made are subject to necessary corrections or
revisions in the final payment. The amount of this final estimate, less any sums that
have been deducted or retained under the provisions of the contract, will be paid the
Contractor within thirty (30) days after Final Acceptance provided the Contractor has
furnished to the City satisfactory evidence in the form of an affidavit(s) that all sums
of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and
used in the prosecution of the work have been paid; or that the person or persons to whom
the sum may respectively be due have consented to such final payment. The improvement
(rev. Nov/94)
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will not be recommended for Final Acceptance until this payment affidavit has been
submitted. The acceptance by the Contractor of the last payment as aforesaid shall
operate as and shall be a release to the City from all claims or liabilities under the
contract for anything done or furnished or relating to the work under the contract or for
any act of neglect of said City relating to or connected with the contract.
B-8-11 Maintenance Guaranty:
The Contractor shall maintain and keep in good repair the work herein contracted to be
done and performed for a period of one (1) year from the date of acceptance, or for such
lesser or greater period as may be specially provided, shall do all necessary backfilling
that may arise on account of sunken conditions in ditches, or otherwise, and shall do and
perform all necessary work and repair any defective condition growing out of or arising
from the improper joining of the same, or on account of any breaking of the same caused by
the said Contractor, in laying or building the same, or on account of any defect arising
in any of said parts of said work laid or constructed by said Contractor, or on account of
improper excavation or backfilling; it being understood that the purpose of this section
is to cover all defective conditions arising by reason of negligence of the Contractor, or
by reason of defective materials, work or labor performed by the said Contractor, and in
case the said Contractor shall fail to do so, it is agreed that the City may do said work
and supply such materials, and charge the same against the said Contractor and sureties on
this obligation. This provision shall further, and in addition, be evidence by the
provisions of the Performance Bond or such other bond as may be required.
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(rev. Nov/94)
PAGE 29 OF 29
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PART C
6 FEDERAL WAGE RATES AND
�, REQUIREMENTS
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Tx342
General Decision Number: TX150342 04/24/2015 Tx342
Superseded General Decision Number: TX20140342
State: Texas
Construction Type: Building
Counties: Aransas, Nueces and San Patricio Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note: Executive Order (Eo) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol .gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
1 03/06/2015
2 04/24/2015
BOIL0074-003 01/01/2014
Rates Fringes
BOILERMAKER $ 23.14 21.55
* ELECO278-002 08/31/2014
Rates Fringes
C: ELECTRICIAN $ 24.30 3%+6.80
ENG10178-005 06/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane $ 29.00 10.60
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above $ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under $ 27. 50 10.60
IRON0084-011 06/15/2014
Rates Fringes
IRONWORKER, ORNAMENTAL $ 22.02 6.35
SUTx2014-068 07/21/2014
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TX342 II
Rates Fringes
BRICKLAYER $ 20.04 0.0011
CARPENTER $ 15.21 0.00
CEMENT MASON/CONCRETE FINISHER $ 15.33 0.00II
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation) $ 19.77 7.1311
IRONWORKER, REINFORCING $ 12.27 0.00
IRONWORKER, STRUCTURAL $ 22.16 5.26II
LABORER: Common or General $ 9.68 0.00
LABORER: Mason Tender - Brick $ 11.36 0.00II
LABORER: Mason Tender -
Cement/Concrete $ 10.58 0.00
LABORER: Pipelayer $ 12.49 2.13 II
LABORER: Roof Tearoff $ 11.28 0.00
OPERATOR: II
Backhoe/Excavator/Trackhoe $ 14.25 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader $ 13.93 0.00 II
OPERATOR: Bulldozer $ 18.29 1.31
OPERATOR: Drill $ 16.22 0.34 11
OPERATOR: Forklift $ 14.83 0.00
OPERATOR: Grader/Blade $ 13.37 0.00 Il
OPERATOR: Loader $ 13. 55 0.94
OPERATOR: Mechanic $ 17. 52 3.33 11
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) $ 16.03 0.00
II
OPERATOR: Roller $ 12.70 0.00
PAINTER (Brush, Roller, and
Spray) $ 14.45 0.00 II
PIPEFITTER $ 25.80 8.55
PLUMBER $ 25.64 8.16 II
ROOFER $ 13.75 0.00
SHEET METAL WORKER (HVAC DuctII
Installation Only) $ 22.73 7.52
SHEET METAL WORKER, Excludes
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Tx342
HVAC Duct Installation $ 21.13 6. 53
TILE FINISHER $ 11.22 0.00
TILE SETTER $ 14.74 0.00
TRUCK DRIVER: Dump Truck $ 12.39 1.18
TRUCK DRIVER: Flatbed Truck $ 19.65 8. 57
TRUCK DRIVER: Semi-Trailer
Truck $ 12.50 0.00
TRUCK DRIVER: Water Truck $ 12.00 4.11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
L. determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
Er PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i .e. , Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
EN
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
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TX342 11
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which 11
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier. 11
survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those11
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can11
be:
• an existing published wage determination
* a survey underlying a wage determination
11
* a wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
with regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction wage Determinations. Write to:
Branch of Construction Wage Determinations
wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
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['s
Tx342
Washington, DC 20210
[1, 2.) if the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
to Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material ,
etc.) that the requestor considers relevant to the issue.
3.) if the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
t'fb 4.) All decisions by the Administrative Review Board are final .
END OF GENERAL DECISION
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60,
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AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
r
THIS AGREEMENT is entered into this 24TH day of JULY, 2015, by and
between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas,
acting through its duly authorized City Manager, termed in the Contract Documents as
"City," and JE Construction Services, LLC termed in the Contract Documents
as "Contractor," upon these terms, performable in Nueces County, Texas:
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In consideration of the payment of $131,097.59 by City and other obligations of
City as set out herein, Contractor will construct and complete certain improvements
described as follows:
LARGE JOB ORDER CONTRACT (RFP 2014-07)
ABC CONVENTION CTR. LOADING DOCK REPAIRS
PROJECT NO. El 5163
TOTAL AMOUNT: $131,097.59
according to the attached Plans and Specifications in a good and workmanlike manner
for the prices and conditions set out in their attached bid proposal supplying at their
expense such materials, services, labor and insurance as required by the attached
Contract Documents, including overseeing the entire job. The Contract Documents
include this Agreement, the bid proposal and instructions, The General and Special
Provisions and Requirements for Municipal Construction Contracts of the City of Corpus
Christi, plans and specifications, including all maps, plats, blueprints, and other
drawings, the Performance and Payment bonds, addenda, and related documents all of
which constitute the contract for this project and are made a part hereof.
Page 1 of 3
Rev.Aug-2014
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Contractor shall s a ll in
demnify, save harmless and defend the City
of Corpus Christi in accordance with General Provision B-6-11 and
Special Provision A-26 of the General and Special Provisions and
Requirements for Municipal Construction Contracts of the City of
Corpus Christi, Texas.
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The Contractor will commence work within ten (10) calendar days from date they
receive written work order and will complete same within 60 CALENDAR DAYS after
construction is begun. Should Contractor default, Contractor may be liable for
liquidated damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of the contract in
accordance with the Contract Documents as the work progresses.
Ir
Signed in 4 parts at Corpus Christi, Texas on the date shown above.
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Page 2 of 3
Rev.Aug-2014
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"(si
CITY OF CORPUS CHRISTI I
I
y
Vale ray, P., .
Exec e Director of -ublic Works
I
APPROVED AS TO LEGAL FORM
BK-Cein)
Ass ity Attorney f
RECO ENDED: APP VE :
Fun. g Dept. Approval ( pt. Head) Director of anagernent& Budget
11/21/
Date Date 4, it
1030-13606-734 520130
E15163011030EXP
Funding Source
CONTRACTOR
ATTEST: (If Corporation) JE Construction Services, LLC
By:
(Seal Below)
Title: VP(Note: If Person signing for
corporation is not President, 11309 Leopard Street, Unit E
attach copy of authorization (Address)
to sign) Corpus Christi, TX 78410
(City) (State) (ZIP)
361/993-0501
(Phone)
Jakejecs.cc
(E-Mail)
Page 3 of 3
Rev.Aug-2014
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PROPOSAL/DISCLOSURE
� STATEMENT
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JE Construction Services
11309 Leopard St. Ste E
Corpus Christi, TX 78410
Proposal
July 20, 2015
TO: City of Corpus Christi PROJECT: American Bank Center Loading Dock
Attn: Graziella Mesa,
Sr. Project Manager
Department of Capital Programs
1201 Leopard St.
Corpus Christi, TX 78401
Materials, Labor, Equipment, & Insurances to provide the following:
lib - Drill approximately 120 3"holes in existing loading dock slab.
- Using mud jacking,raise and level the existing loading dock area.
Patch holes after mud jacking operations.
- Clean and re-caulk existing failed expansion joint sealant.
Remove and replace metal expansion joint with bridge deck type joint.
- Includes one mobilization and one demobilization.
- Due to the nature of the unforeseen conditions of the work,the exact amount of grout needed to fill
voids under slab cannot be determined until we begin. Once we begin the mud jacking and lifting the
existing concrete,there is a possibility that certain areas won't lift. There is also the possibility that
areas that do lift will show small cracks due to the movement. It is our intention to provide the most
level and even surface as possible with the understanding that these conditions are variable until we
start.
Base Bid Total: $131,097.59
Exclusions: Materials Testing, Permits,SWPPP,Engineering,Electrical including removal and
reinstallation of existing fixtures,Traffic Control, Water for Construction,any work other than described
above.
Note: Please allow 60 calendar days from Notice to Proceed(NTP)for construction.
JE Construction
Grant Dietze
Smosusit.Wean ba.
446M+iMr '�� �k �t:rkr4 *lxfir .• r �4rg-}i r.wraW "'!h2
4 r
orissi•Gia1.0.NON 2.1.
••••.w:m
mm..o.
4.1144•N141.wk.la•101.1s
ro i rY-411 Y iii..rt r. iwsaf �.. 1 r r
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
CerPhnsusti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered.
If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: 3-E co N S Tt2 v c_r Oni s EPA/R
P. 0.BOX:
STREET ADDRESS: 1309 LcoP/tre p s T_ ofti E CITY: cor&t us Caro 5rl ZIP: -7g - 1 d
FIRM IS: I. Corporation � 2. Partnership M 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%cr more of the ownership in the above named"firm."
NameN/A Job Title and City Department(if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
N�ft
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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
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
ATTACHMENT"B"
Page I of 2
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FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed writing to the City official,employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. {Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: G 2,1-",? )6:77-G Title: V P
(Type or Print)
Signature of Certifying Person: Date:
/0.23. 1N
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
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 NT"B"
Page 2 of 2
list
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,
00 6113 PERFORMANCE BOND BOND NO. 1001038902
Contractor as Principal Surety
Name: JE Construction Services,LLC Name: Texas Bonding Company
Mailing address(principal place of business): Mailing address (principal place of business):
11309 Leopard St.,Unit E 5601 Granite Parkway
Corpus Christi,TX 78410 Ste. 1100
Plano,TX 75024
Physical address(principal place of business):
Owner 5601 Granite Parkway
Ste. 1100
Name: City of Corpus Christi,Texas Plano,TX 75024
Mailing address(principal place of business):
Capital Programs(Engineering Services) Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of: CA
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
Contract its license to execute bonds in the State of Texas.
Project name and number: Telephone(main number): 972-772-7220
Large Job Order Contract RFP 2014-07
ABC Convention Ctr. Loading Dock Repairs
Proj. No. E15163 Telephone(for notice of claim): 1-800-486-6695
Local Agent for Surety
Name: Cam Fletcher
Award Date of the Contract: July 24,2015 Address: 5601 Granite Parkway
Ste. 1100
Contract Price: $131,097.59 Plano,TX 75024
Bond Telephone: 972-930-0641
Email Address: cfletcher@hcc.com
Date of Bond: August 11.2015 The address of the surety company to which any
notice of claim should be sent may be obtained
(Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the
of the Contract) following toll-free number:1-800-252-3439
Performance Bond 00 61 13-1
Corpus Christi Standards—Large JOC 7-8-2014
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
The Principal and Surety bind themselves, and their heirs,administrators,executors,successors and
assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as
Principal faithfully performs the Work required by the Contract then this obligation shall be null and
void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be
pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code
as amended and all liabilities on this bond shall be determined in accordance with the provisions of said
Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces.
County, Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: G,t,Fr biETTE Name: Robert G.Kanuth
Title: V'E1 Title:
Attorney-in-Fact
Email Address: ,,.c,t',,4 Zi p c S.CC Email Address: rkanuth@kandsins.com
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Performance Bond 00 61 13-2
Corpus Christi Standards—Large JOC 7-8-2014
00 61 16 PAYMENT BOND BOND NO. 1001038902
Contractor as Principal Surety
Name: JE Construction Services,LLC Name: Texas Bonding Company
Mailing address (principal place of business): Mailing address (principal place of business):
11309 Leopard St., Unit E 5601 Granite Parkway
Corpus Christi,TX 78410 Ste. 1100
Plano,TX 75024
Physical address(principal place of business):
Owner 5601 Granite Parkway
Ste. 1100
Name: City of Corpus Christi,Texas Plano,TX 75024
Mailing address(principal place of business):
Capital Programs (Engineering Services) Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of: CA
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
Contract its license to execute bonds in the State of Texas.
Large Job Order Contract RFP 2014-07 Telephone(main number): 972-772-7220
ABC Convention Ctr. Loading Dock Repairs
Proj.No. E15163
Telephone(for notice of claim): 1-800-486-6695
Local Agent for Surety
Name: Cam Fletcher
Award Date of the Contract: July 24,2015 Address: 5601 Granite Parkway
Ste. 1100
Contract Price: $131,097.59 Plano,TX 75024
Telephone: 972-930-0641
Bond Email Address: cfletcher@hcc.com
Date of Bond: August 11,2015
The address of the surety company to which any
(Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained
of Contract) from the Texas Dept. of Insurance by calling the
following toll-free number:1-800-252-3439
Payment Bond Form 00 61 16-1
Corpus Christi Standards—Large JOC 7-8-2014
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal
and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly
and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays
all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work
required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain
in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter
2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied
at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action.
Contractor as Principal Surety
Signature: /'Y Signature: 11.191111k-
Name: GaA.,u.T A/PTA- Name: Robert G.Kanuth
Title: VP Title: Attorney-in-Fact
Email Address: nI cJPt S,CC Email Address: rkanuthPkandsins.com
V (Attach Power of Attorney and place surety seal below)
END OF SECTION
Payment Bond Form 00 6116-2
Corpus Christi Standards—Large JOC 7-8-2014
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
ACNMV -ALL. ,BY THESE PRESENTS: That American Contractors _Indemnity Company, a California corporation, Texas
o , t assumed natte of American Contractors Indemnity Company, United States Surety Company, a M aryland
ttdTi.S=Specialty Insurance Company,a Texas corporation(collectively, the"Companies"),do by these presents make,
constitute and appoint:
Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beck,or Robert G.Kanuth of Rockwall,Texas
its true and lawful Attorney(s)-in-fact,:_eacIldn dvirszparrite capacity if more than one is named above,with full power and authority
hereby conferred in its name,place -stead te,extvxwacknowledge and deliver any and all bonds,recognizances,undertakings
ray ipamendments, and consents of surety, providing the bond
penae does not exceed contract****mss*to include million*************
ndoon** ** ************ Dollars ($ **I ,000,000.00•• ).
penalty
This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
_BeikitesolvehatPresident,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
e nd-authorily to anoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
+ t , _
oy-in-}-act may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorr or t bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached_
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of December,2014.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
isrs UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
u74'4 >t umrrrrrn.
N 9gpR �,+ 41717 4' y �9 mouton
'`°% `n �
W:.fart.20,HM..i.; - y,W.; ll Y•., r� - ," ' B Daniel P.Aguilar,Vice Pres' ant
,.,�„„.. •;FPS
g
n�iiu a ,, run m'''''. ` 4 F OF TE"d w aanoo°"``•
•A notary public or other officer completin is_ tific-ate verifies only the identity of the individual who signed the
document to which this certificate is attaddsed,andnotthe truthfulness,accuracy,or validity of that document.
State of California
County of Los Angeles SS:
On this 1st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American
Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on
the basis oftatisfaOam evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in
It�edf aeitt and that by his signature on the instrument'the person,or the entity'Upon btatanifwhich heperson acted,executed the instrument.
y undue PENALTY OF PERJURY(ander the laws of the State of California that tlie_foregoing paragraph is true and correct.
-WITNESS my hand and official seal.
O/ ,,.-.,, MARIA G.RODRIGUEZ•WONG
Commission.2049771
Signature (Seal) i . Notary Public California i
z ,,i!-.,i Los Angeles County
Comm. 20 2017
1,Michael Chalekson,Assistant Secreta y- merican Contractors Indemnity Company,Texas Bonding Company,United States'Stitety-Company
and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by
said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in
full force and effect. II
44
Wht rr I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 1 -day
torr,,, ,„w „,ri „, ,,n,wmrrgn
Aff
Corporate Seals acro' ,,,, gSR - LADING° s �nfuan
ort,. .....R4,w,, d4...... ..)••; x.00. ,..%, ..;:t,,,,,,,.,of,
/� fcf. - _a' ;s= Z- =N: , - Michael Chalekson,Assistant Secretary
Bond No. 1(50 L C*01 4.-s, ...ar""".O c 'r'' ,g zY i \///�\\/� -cF tn. s t
Agency No * ...........-
17042 .,,G,d� fio �. ` rnTFOFTE+P`� 'nnnr{innno"``.
'nnq�,g„e`" nrRr)an`:a nnmn`oo.
Texas Bonding Company
TEXAS COMPLAINT NOTICE
IMPORTANT NOTICE AVISO IMPORTANTE
1. To obtain information or make a complaint: Para obtener informacion o para someter una
quej a:
2. You may contact your agent. Puede comunicarse con su agente.
3. You may call the company's toll free telephone Usted puede Ilamar al numero de telefono gratis
number for information or to make a complaint at: de la compania's para informacion o para someter
una queja al:
1-800-486-6695 1-800-486-6695
4. You may also write to the company at: Usted tambien puede escribir a la compania:
601 S. Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600
Los Angeles,CA 90017 Los Angeles, CA 90017
5. You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca
coverages, rights,or complaints at: de companias,coberturas,derechos, o quejas al:
1-800-252-3439 1-800-252-3439
6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de
Insurance at: Texas al:
Consumer Protection(111-1A) Consumer Protection(111-1A)
P.O. Box 149091 P.O. Box 149091
Austin,TX 78714-9091 Austin,TX 78714-9091
Fax No. (512)490-1007 Fax No. (512)490-1007
Web:http://www.tdi.texas.gov Web: http://www.tdi.texas.gov
E-mail:ConsumerProtection@a,tdi.texas.gov E-mail: ConsumerProtection@a,tdi.texas.gov
7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a
premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la
agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa,
resolved,you may contact the Texas Department puede entonces comunicarse con el departamento
of Insurance. (TDI).
8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA
This notice is for information only and does not Esta aviso es solo para proposito de informacion y
become a part or condition of the attached no se convierte en parte o condicion del
document. documento adjunto.
HCCSTXM0008/10
O
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UI
L
00 6113 PERFORMANCE BOND BOND NO.
Contractor as Principal Surety
Name: JE Construction Services,LLC Name:
Mailing address(principal place of business): Mailing address(principal place of business):
11309 Leopard St.,Unit E
Corpus Christi,TX 78410
L
Physical address(principal place of business):
Owner
Name: City of Corpus Christi,Texas
Li Mailing address(principal place of business):
Capital Programs(Engineering Services) Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
LContract its license to execute bonds in the State of Texas.
Project name and number: Telephone (main number):
leLarge Job Order Contract RFP 2014-07
ABC Convention Ctr. Loading Dock Repairs
Pro'. No. E15163 Telephone (for notice of claim):
LLocal Agent for Surety
Name:
LAward Date of the Contract: July 24,2015 Address:
Contract Price: $131,097.59
Bond Telephone:
Email Address:
r Date of Bond: The address of the surety company to which any
� (Date ofBond cannot be earlier than Award Date notice of claim should be sent may be obtained
from the Texas Dept.of Insurance by calling the
of the Contract) following toll-free number:1-800-252-3439
L
L
L
L
Performance Bond 00 61 13-1
LCorpus Christi Standards—Large 10C 7-8-2014
Surety •
and Contractor,intendingto be legally bound and obligated to Owner do each cause this
9 Y 9
Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative.
The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and
assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as
Principal faithfully performs the Work required by the Contract then this obligation shall be null and
void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be
pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code
as amended and all liabilities on this bond shall be determined in accordance with the provisions of said
Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces
County, Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: _ Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
L
END OF SECTION
L
6
Performance Bond 00 61 13-2
Corpus Christi Standards—Large JOC 7-8-2014
O
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• R41
Lai
L
it 00 61 16 PAYMENT BOND BOND NO.
Contractor as Principal Surety
Name: JE Construction Services,LLC Name:
Mailing address(principal place of business): Mailing address(principal place of business):
11309 Leopard St.,Unit E
Corpus Christi,TX 78410
Physical address(principal place of business):
Owner
Name: City of Corpus Christi,Texas
t; Mailing address(principal place of business):
Capital Programs(Engineering Services) Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
LContract its license to execute bonds in the State of Texas.
Large Job Order Contract RFP 2014-07 Telephone(main number):
L ABC Convention Ctr.Loading Dock Repairs
Proi.No. E15163
Telephone(for notice of claim):
I: Local Agent for Surety
LName:
Award Date of the Contract: July 24,2015 Address:
Contract Price: $131,097.59
Bond Telephone:
Email Address:
Date of Bond:
The address of the surety company to which any
(Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained
of Contract) from the Texas Dept. of Insurance by calling the
Lfollowing toll-free number:1-800-252-3439
I
I
Payment Bond Form 00 61 16-1
ICorpus Christi Standards—Large JOC 7-8-2014
4
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal
and Surety bind themselves,and their heirs, administrators,executors,successors and assigns,jointly
and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays
all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work
required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain
in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter
2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied
at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
I
I
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END OF SECTION
I
I
I
I
6
Payment Bond Form 00 61 16-2
Corpus Christi Standards—Large 1OC 7-8-2014
.1
Ao CERTIFICATE OF LIABILITY INSURANCE DATE MY)
8/14/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT Janet Treece
NAME:
K 6 S Insurance Agency PHONE
Karim.eel, (972)772-7258 C.Not(972)771-4695
2255 Ridge Road, Ste. 333 ADDRESS:jtreece@kandsins.com
P. 0. Box 277 INSURER(S)AFFORDING COVERAGE NAIC S
Rockwall TX 75087 INSURER AMid-Continent Casualty Co.
INSURED INSURER sMid-Continent Group
JE Construction Services LLC INSURER C:TexaEl Mutual Insurance Co. 22945
11309 Leopard St. INSURERD:Federal Insurance Company
Ste. E INSURER E:
Corpus Christi TX 78410 INSURER F:
COVERAGES CERTIFICATE NUMBER:14/15 Std w/ 15/16 WC REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE ADDI.SUBR POUCY EFF POLICY EXP
( UMITS
LTR INSit YiIVD POUCY NUMBER (MMIODIYYYYI IMMIDD/YYYY)
GENERAL UABIUTY 04-GL-000915712 11/2/2014 11/2/2015 EACH OCCURRENCE S 1,000,000
X COMMERCIAL GENERAL LIABILITY Additional Insured:
1,i DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000
A CLAIMS-MADE n OCCUR 141,1371 0413 MED EXP(Any one person) S excluded
Waiver of Subrogation: PERSONAL&AOVINJURY S 1,000,000 VJ
hII.1080 0711 _GENERAL AGGREGATE S 2,000,000
GENL AGGREGATE�ATLIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000f
7 POLICY fin PELT 7 LOC S
AUTOMOBILE UABIUTY )04-CA-002805281 11/2/2014 11/2/2015 COMBINEDtSINGLELIMIT S 1,000,000
_
Additional Insured: BODILY INJURY(Per person) S
A
X ANY AUTO —
—
ALL ED SSCCHOS i.HEEDDULED 2004 1100 V/ BODILY INJURY(Per accident) S v
ANON-OWNED Waiver of Subrogation: PR PERTYDAMAO-
X HIRED AUTOS X AUTOS (Per accident) _
1012003 0310 S
X UMBRELLA UAB X OCCUR 04-XS-188944 11/2/2014 11/2/2015 EACH OCCURRENCE S 5,000,000
B EXCESSUAB CLAIMS-MADE f AGGREGATE S 5,000,0 0
OED X RETENTIONS 10,000` S
C WORKERS COMPENSATION 0001269935 05/17/2015 05/17/2016 X AVIA OFR
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y NWaiver of Subrogation: E L EACH ACCIDENT S 1,000,000
OFFICERIIEMBER EXCLUDED? YJ NIA
(Mandatory In NH) WC420304B E L DISEASE-EA EMPLOYEES 1,000,000
lives describeN under
DESCRIPTIOOF OPERATIONS below E .DISEASE-POUCY LIMIT S 14000,000
D Contractors Equipment 45467383 11/02/201411/2/2015 ScheduledEquipment
J/ Leased/Rented 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101, ddltional Remarks Schedule,it more space is required)
Project: JOC Master Agreement #2014-07
See above listing of additional insured and wiaver of subrogation endorsement forms.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Corpus Christi
Department of Engineering Services AUTHORIZED REPRESENTATIVE
Contract Administrator
20 Box 9277
Corpus Christi, TX 78469 l-Y/
Gary Thompson/JANET
ACORD 25(2010!05) ®1988-2010 ACORD CORPORATION. All rights reserved.
INS025r,mrmtn1 The Artr1Rr1 name anti Inn^are ronietoroti marie of Ar:rlir1
I
POLICY#04-GL-000915712 Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
/ADDITIONAL INSURED - OWNERS, LESSEES OR •
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
STATE OF TEXAS
This endorsement modifies insurance provided under the following:
jCOMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization for whom the named insured has agreed by written "insured contract"to designate
as an additional insured subject to all provisions and limitations of this policy.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the
Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that
insured.
However, if you have entered into a construction contract subject to the Texas Insurance Code, with the additional
Insured,the insurance afforded to such person or organization only applies to the extent permitted by the Texas Insurance
Code.
ML 13 T1(04 13) Page 1 of 1
POLICY n 04-GL-000915712
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
JCOMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization for whom the named insured is operating under a written "insured contract"when
such contract requires a waiver of transfer of rights of recovery against others.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The following is added to Paragraph 8.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section
IV-Conditions
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of
payments we make for injury or damage arising out of"your work"done under a contract with that person or organization.
This waiver applies only to the person or organization shown in the Schedule above.
ML 10 80(07 11) Page 1 oil
POLICY NUMBER: 04—GL-000815712 V
AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE
CHANGE
In the event of cancellation or material change that reduces or restricts the insurance affonied by this Coverage Part,we
agree to mail prior written notice of cancellation or material change to:
SCHEDULE
1. Name: THE CITY OF CORPUS CHRISTI
- . » - _ -
tt'G A'°1
mid
2. Address:
1201 LEOPARD ST,CORPUS CHRISTI,TX 78401
3. Number of days advance notice: 30
MI 90 06(10 97)
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is ind'd'cated below.
Endorsement Effective 11/2/2014 Policy Number 04-CA- 805281
Named Insured JE Construction Services LLC Countersigned by
/(Authorized R resentative)
The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement.
Any person or organization for whom the named insured has agreed by written `insured contract" to designate
as an additional insured subject to all provisions and limitations of this policy.
(Enter Name and Address of Additional Insured.)
Is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is
afforded under this policy.
The additional Insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return
premium and any dividend, if applicable, declared by us shall be paid to you.
You are authorized to act for the additional insured in all matters pertaining to this insurance.
The additional Insured will retain any right of recovery as a claimant under this policy.
NIA 20 04(10 13) Page 1 of 1
•
POLICY NUMBER: 04—CA-002805281 i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
JBUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
V Named Insured: JE Construction Services LLC
Endorsement Effective Date: 11/02/2014
SCHEDULE
Name(s)Of Person(s)Or Organization(s):
Any person or organization for whom the named insured is operating under a written"insured contract:
when such contract requires a waiver of transfer of rights of recovery against others.
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Oth-
ers To Us Condition does not apply to the person(s)
or organization(s) shown in the Schedule, but only to
the extent that subrogation is waived prior to the "ac-
cident"or the loss"under a contract with that person
or organization.
MA 20 03(10 13) Page 1 of 1 t3
•
CANCELLATION PROVISION OR
COVERAGE CHANGE ENDORSEMENT
In the event of cancellation or material change which reduces or restricts the insurance afforded by the policy,the company
agrees to mail 30 days prior written notice of such cancellation or material change to:
E CITY OF CORPUS CHRI
. NameDoi
ddres1201 LEOPARD
Address
ST.CORPUS CHRISTI,TX 78401
Address(Con't)
Nothing herein contained shall be held to vary,waive, alter,or extend any of the terms,conditions,agreements,or
declarations of the undermentioned Policy other than as above stated.
This endorsement shall take effect 11/02/2014 12:01 o'clock A.M. ,standard time,at Insured's address,
and shall terminate simultaneously with this Policy,but shall not be valid unless countersigned by a duly authorized agent of the
Company.
Attached to and forming part of COMMERCIAL AUTO
Policy No. 04—CA-002805281 issued to J E CONSTRUCTION SERVICES LLC
of CORPUS CHRISTI TX
Countersigned at
this day of
. Agent
MA 25 39(08 97) Page 1 of 1
WORKERS'COMPENSATION AND EMPLOYERS
Texas4utuar LIABILITY INSURANCE POLICY
eCompany WC 42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule.The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1.Number of days advance notice: 30
2.Notice will be mailed to: �A n
THE CITY OF CORPUS CHRIST I dill, Iv',
lam`'
1201 LEOPARD ST.
CITY SECRETARY
CORPUS CHRISTI , TX 78401
This endorsement changes the potty to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following"attaching clause`need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement,effective on J May 20, 2014 at 12:01 A.M.standard time.forms a part of
Policy No. SBP-0001269935 20140517 of the Texas Mutual Insurance Company
Issued to JE CONSTRUCTION SERV I CES LLC
Premium$ 0.0 D
�Enddorsement No. 1
Authorized Representative **
WC420801(ED.1-94)
INSURED'S COPY WASENDRS 5-20-2014
. •
ecas1iitu .. e WORKERSLIABILITY'COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS
Insurance Company WC 42 03 04 A
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas Is shown In Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily Injury
arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement Is shown In the Schedule.
Schedule
1. ,( ) Specific Waiver
Name of person or organization
( X ) Blanket Waiver
Any parson or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL TEXAS OPERATIONS
3. Premium
The premium charge for this endorsement shall be 2.oo. percent of the premium developed on payroll In
connection with work performed for the above person(s)or organlzation(s)arising out of the operations described.
4.Advance Premium INCLUDED, SEE INFORMATION PAGE,
This endorsement changes the policy to which It Is attached offective on the Inception dale of the policy unless a different dale Is Indicated below.
(The following"attaching clause"need bo completed only when this endorsement Is Issued subsequent to preparation of the policy.)
ore ant,effective on et 12:01 A.M.standard time,forms a part of
Polley No. 00 I�(n I {35-
Issued of the Texas Mutual Insurance Company
00
V VV ` �r
Endorsement No.
Premium$ �qJ �,-,*g /r
�(' �y� �iY c�i�
Authorized Representative
W0420004A(ED.1-01.2000)
AGENT'S COPY OUSER