HomeMy WebLinkAboutC2007-397 - 11/20/2007 - ApprovedS P C I L
Mal, Inc.
P R O V I S I O N S
S P E C I F I C A T I O N S
AND
FORMS F C O N T R A C T S AND
FOR
BONDS
BEN GARZA GYMNASIUM HVAC
SYSTEMS REPLACEMENT - 2007
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FOR
PARKS AND RECREATION DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3460
Fax: 361/826 -3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880 -3500
Fax: 361/880 -3501
ETIOJECT N : 3327
2007 -397
11/20/07
M2007-300
S P E C I L
P R O V I S I O N S
S P E C I F I C A T I O N S
A N D
F O R M S OF C O N T R A C T S AND
F O R
BONDS
BEN GARZA GYMNASIUM HVAC
SYSTEMS REPLACEMENT - 2007
PROJECT NO : 3327
FOR
PARKS AND RECREATION DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3460
Fax: 361/826 -3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880-3500
Fax: 361/880-3501
f Tel
SCO
''IDE
• .*.ir
tstsi a ..
/o /5/a7
(Revised 7/5/00)
BEN GARZA GYM/sTASIUM HVAC SYSTEMS REPLACEMENT — 2007
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS — A (Revised Sept. 2000)
Insurance Requirements
NOTICE TO CONTRACTORS — B (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction Projects For
Government Entities
PART A — SPECIAL PROVISIONS
A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting
A-2 Definitions and Abbreviations
A -3 Description of Project
A-4 Method of Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion /Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A -11 Cooperation with Public Agencies (Revised 7/5/00
—12 int n n ce o . rv, ceo (Not Used)
A- 13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
valra (Not Used)
A-16 Disposal /Salvage of Materials
—1 F; , icc (Not Used)
A-18 Schedule and Sequence of Construction
A1-9- ConotruetIen—StakIng (Not Used)
A-20 Testing and Certification
(Not Used)
A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A -24 Surety Bonds
A-25 Sa a Tax Exempt (NO LONGER APPLICABLE ) (6/11/98)
A-26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
A-28 Considerations for Contract Award and Execution
A-29 Contractor's Field Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A -31 Amended Policy on Extra Work and Change Orders
A-32 Amended 11Eecution of Contract'! Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
A-36 Other Submittals (Revised 9/18/00)
*
(Not Used)
(Not Used)
A-38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
(Not Used)
A-40 Amendment to Section B-8-6: Partial Estimates
A-41 Ozon - (Not Used)
A -42
A-43
A -44
A-45
t .
A -47
A-48
A -49
A -50
OSHA Rules & Regulations
Amended Indemnification & Hold Harmless (9/98)
Change Orders (4/26/99)
As- Built Dimensions and Drawings (7/5/00)
Pr- Construction Exploratory Excavations
Overhead Electrical Wires (7/5/00)
Amend "Maintenance Guaranty" (8/24/00)
Asbestos Limited Survey (09/19/07)
Part A Special Provisions Attachment A
(Not Used)
-(1-/S/00) (Not Used)
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIONS
Specification for Asbestos Removal (10/02/07)
Division 01
01210 Allowances
01230 Alternates
01500 Temporary Facilities and Controls
Division 15
15000 Mechanical and Electrical Specifications (Common Conditions)
15010 Mechanical General Conditions
15020 Starting of HVAC Systems
15030 Mechanical Demolition
15060 Hangers and Supports
15080 Mechanical Insulation
15180 Refrigerant and Equipment Drain Piping
15779 Packaged Rooftop Air Conditioning Units
15810 Ducts
15860 Air Cleaning Devices
15975 Automatic Temperature Control Systems
15990 Testing, Adjusting, and Balancing (TAB)
Division 16
16000 Electrical Specifications
LIST OF DRAWINGS
Sheet
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Description
Ti Title Sheet
M1 HVAC Roof Demolition Plan - Upper
M2 HVAC Roof Demolition Plan - Lower
M3 HVAC Roof Plan - Upper Roof
M4 HVAC Roof Plan - Lower Roof
M5 HVAC Floor Plan and Schedules
M6 HVAC Details
El Electrical Floor Plan
E2 Electrical Roof Plan
Al Architectural Demolition Plan
A2 Architectural Demolition Plan
A3 Architectural Roof Plan - Upper
A4 Architectural Roof Plan - Lower
AS Architectural Roofing Details
Roof
Roof
- Upper
-- Lower
Roof
Roof
Roof
Roof
NOTICE
AGREEMENT
PROPOSAL /DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
BEN GARZA GYMNASIUM HVAC SYSTEMS REPLACEMENT - 2007;
consists of the replacement of eight packaged rooftop units with
associated ductwork, curbs, supports, piping, and controls. Other work
includes demolition /disposal of existing rooftop units and disconnecting,
extending, rerouting and reconnecting of associated electrical feeders.
Modifications to roofing including asbestos abatement, as required to
accommodate new and existing roof curbs and new ductwork. Alternate Bid
Item No 1 includes specified condenser coil coatings for all new packaged
rooftop units condensing coils. All work to be complete with all
appurtenances, in accordance with the plans, specifications and contract
documents;
will be received at the office of the City Secretary until p.m. on
Wednesday, November 7, 2007, and then publicly opened and read. Any bid
received after closing time will be returned unopened.
A pre -bid meeting is scheduled for A0:00 a.m. , Thu sda ,_ vembe�r,..l_,_ 2007
and will be conducted by the City. The location of the meeting will be the
Department of Engineering Services Main Conference Room, Third Floor, City
Hall, 1201 Leopard Street, Corpus Christi, TX.
A bid bond in the amount of 5% of the highest amount bid must accompany
each proposal. Failure to provide the bid bond will constitute a non-
responsive proposal which will not be considered. Failure to provide
required performance and payment bonds for contracts over $25,000.00 will
result in forfeiture of the bid bond to the City as liquidated damages.
Bidder's plan deposit is subject to mandatory forfeiture to the City if
bidding documents are not returned to the City within two weeks of receipt
of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fifty and no/100 Dollars
($50.00) as a guarantee of their return in good condition within two weeks
of bid date. Documents can be obtained by mail upon receipt of an
additional ($10.00) which is a non - refundable postage /handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be done and that
such wage scale is set out in the contract documents obtainable at the
office of the City Engineer and the Contractor shall pay not less than the
wage rates so shown for each craft or type of "laborer, "workman," or.
"mechanic" employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, seems
most advantageous to the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
// Angel R. Escobar, P.E.
Director of Engineering Services
// Armando Chapa
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised May, 2006
A Certificate of Insurance indicating proof of coverage in the following amounts
is required:
TYPE of INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on
all certificates
Bodily Injury and Property Damage
PER OCCURRENCE AGGREGATE
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY -- -OWNED NON-OWNED
OR RENTED
1, 0, COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental
discharge; to include long -term
environmental impact for the disposal of
contaminants
$2,000,000 COMBINED SINGLE LIMIT
0 REQUIRED
X NOT REQUIRED
BUILDERS' RISK
See Section B -6 -11 and Supplemental
Insurance Requirements
D REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limi t
See Section B -6 -11 and Supplemental
Insurance Requirements
X REQUIRED
D NOT REQUIRED
Page 1 of
❑ The City of Corpus Christi must be named as an additional insured on all coverages
except worker's compensation liability coverage.
❑ The name of the Project must be listed under "description of operations' on each
certificate of insurance.
❑ For each insurance coverage, the Contractor shall obtain an nd rs ment to the
applicable insurance policy, signed by the insurer, providing the City with thirty
(30) days prior written notice of cancellation of or material change on any
coverage. The Contractor shall provide to the City the other endorsements to
insurance policies or coverages which are specified in section B-6-11 or Special
Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please contact the
Contract Administrator at 880 -3500
Page 2 of 2
NOTICE TO CONTRACTORS - B
DIOTICE TOONTFACTQRS B
WORKER'S COM EN SAT I o COVERAGE FOR
. - BUILDING OR C NST T T ON PROJECTS
FOR OVE N11EMT ENTITIES
`etas law requires that most contractors, subcontractors, and
others providing work or services for a City buildi
J. k .I . * Ir.:
Title 28. D
Part IL TEXAS WORKERS' COMPENSATION C i IS S ION
Chapter 110. REQUERID NOTICES OF COVERAGE
Subchapter B. EMPLOYER NOTICES
110.110 Reporting Requirements for Building or Construction Projects for Governmental
Entities
(a) The following words and terns, when used in this rule, shall have the following meanings, unless
:ear indicates otherwise. Terms not defined rule shall have the mean deed in
the �r�te� �y
the Texas Labor Code, if so defined,
Certificate of cove: ate ce fic te:, — A copy of a certificate of insurance, a certificate of authority
to
cif insure issued by the rrauission, or a workers' compensation coverage azreement TWCC -S 1
TWCC-82, TWCC-83, or nvcc -s , showing statutory workers' s' 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.
Building or construction- -leas the meaning. defined in the Texas Labor Code, § 406.096(e)O).
Contrz.ctor—A person bidding for or awarded a building or construction project by a government
entity.
(4) Workers' compensation insurance meeting the statutory requirements of the Texas
Labor Code, § 401.011(44).
(5) �ement — C overa ,� written asreer ent on form T CC- i, form TWCC-32, form TWCC-83,
. �
form - filed with the Texas Workers' Compe^.sation Commission which establishes a
or �orrn T�CC � I
relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to
r F
r 0 Subchapters F and G, as one of employer /employee and
the Texas Labor Code, Chapter # p
establishes who will be responsible for providing workers' compensation coverage for persons
abhs p
providing services on the project.
Duration
.
of the probe — Includes the time from the bezinning of r r' on the project until the
work on the project has been completed and accepted by the 2overnmental entity_
(7) Persons i .. r the project ' "subcontractor" it § 406.096 of the Act _ the
. sans prv�d�r� services on t� p
exception of persons exc#uded under subsections (h) and (i) o ft is section, includes all persons or
i - services the contractor has undertaken to perform n the project
entities performing a or part of s with and whether
• # whether ' � traced directly ith the contractor and re ardless f`
rerd�ess o� t�.t person core directly ,.
that person has employees. This dudes but is not united to independent contractors, subcontractors.
e s. This in
leasing companies, motor carriers, owner-operators, employees f any such entity, or employees of
�,,+ �` services on the project. �� r ices" includes but not h teo
� entity furnishing persons to perform s �
NOTICE T O CONTRAC'T'ORS
Revised 1/13)98)
Page 2 o t 1
http:/ www so s.state.t :.us tact ST i 1 TB 110.1 I .htmi
8/7/98
2S T..!..0 . .
Pate cf6
to * a .... ....�: or deliverina equipment or �.•z: r +:s. or providing labor, tra= soc::a icry, or othc,
service : e:a: to project. 'Services" does not activities urzelated to the r j ; : s.,:ch as
footheverae vendors, oEce supply deliveries, ai delivery ofortable toilets.
r c]ec thciudes the provision of all services reizted to a buiicizzig or construction contract act for a
governmen:22. entity.
r ovi iir or causing to be provided a certificate of coverage pursuant to this rule is a
representaticr. by the insured that all employees of the insured who are providing services on the
project a* a covered by workers' compensation cover age, that the coverage is based on proper
reporting of c #assifcation codes and payroll amounts, and that all coverage azreements have been filed
with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division
of Se, f-Insura ce Regulation. Providing false or misleading certincates of coverage, or faiiine 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
admix str ive penalties, criminal penalties, civil peraities, or other civil actions.
(c) A Qoverarnental entity that eaters into a building or cons-t c -ion contract on a project shall:
(1) include in the bid specifications, all the provisions of paragph (7) of this subsection, using the
lanuae required by paraaph of this subsection;
as part of the contract, using the language required by parazrap (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 covet-ace for each person providing services on the
project, prior to that person beginning work on the project;
obtain frcm the contractor a new certificate of °average 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 expira.tion of the coverage for each other person providing
services on the project whose current certificate shows that the coverage period ends during the
duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years thereafter,
provide a copy of the cer ficates of coverage to the commission upon request and to any person
entitled to them by law; and
use the language contained in the following Fizure 1 for bid specifications and contras ,without
any additional words or canes, except those requi
AC 110.110 page 3 of
: A contractor shall:
1 provide coverage for its empic yees providing services on a project, for the duration of the project
used on proper reporting of cla_ssiEcalion codes and payroll amounts and EEZ2 EE: of any coverage
arreer ents;
provide a certificate of coverage sowing workers' compensation cover age to the governmental
entity prior to beginnine 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 ccvera e, if the coverage period shown on the contractor's current
certificate of coverage ends durinz the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginninz work on the project, so the governmental
entity will have on fie 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;
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 mad or personal delivery, within ten days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
post a notice an each project size informing all persons providing services on the project that they
are rewired to be covered, and Stang how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type and tent in at
least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the noti
Pain 4 or
2S TAG 1:0.11
cortrac uaily require e2.ch oer son with whor.-: it contrac s :o .-ore services c. : projcct to:
provide based sed n proper r r porri �. of classification cotes and payroll amounts and Eng
... � for the duration
coverage are er for ail of its npi �ees pro ^ g services n the project. f
of and o
of the project;
provide a certificate of coverage � to the contractor prior to that e. son beginning work on the
projec::
include ■ ell contracts to provide services c+ � �� project � language '��1in of this
(e)(3)
section
• • o r the end of the coverage period, new rti c :e of coverage
provide the contractor, prior to th of coverage
� p, of • �. period � o the current certificate o
showing extension of ,ov: age, the coverage mod s
ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
0) a . �. to the other person beginning work on the project; �.d
certificate of coverage, prior �o
(ii) � new certificate of coverage showing ex-tension of the
prior to the end of ce.as period, a � .,. r the
• - period shown on the current certificate of coverage ends during
coverage period, ��e coverage prnc
duration of the project;
retain - of coverage o file for the duration of the project and for one year
(F) retn required certificates of
thereafter;
by certified mail or personal delivery, within ten days
(G) notify the governmental entity in writing �� F the � vision of
have no of any change that materially affects . -e pro
aver the person lte or should �,
coverage of any person providing services on the project; and
(H) contractually rewire each other ffer pes n with whom it contracts, to perform as required by
provided to the person
of this paragraph, .wt the certificate of coverage to be proms
ubpara.�ph -� p �.
for whom they are providing services.
person providing services on project, other than a contractor, shall:
(e) p g p
(1) providprovide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting orti of classification codes and payroll amounts and fling of any coverage
agreements;
provide a certificate of cover age as required by its contract to provide services on the project,
�.
prior to beeinning work on the project;
• provide services on the project: "By signing this
have the follow language in its contract to pro p
a certificate of coverage, the person sing this
contract or providing or causing to be provided �.
• governmental entity hat a employees of the person sing this
contract �s representing to the er nrrnent
• � '. � ;ion coverage
contract who will provide services on the project will be covered by workers compensation g
p
http://www.sos.state.tx.usitad2S/EUI 1 0/ 110.11
NOTICE 7O CONTRACTORS - B
Revised 1/13/96)
Page 5 cf 7
9
tV. L 1V
rage: or
f. y -� . - cc #•e;a a wi
1AL., 11U.11U
Page 6 of 6
duration of :he contract:
(1) retain
ail required r c :e of coverage on file for the duration of zhe project and for one year
thereafter,
�' the governmental entity in writing by certified mail or person delivery, within ten days
(0) notify ... vi 'on of
after the rt person knew or should have known, of any change that materially affects the pro
p
coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this -
subparagraph and subparagraphs (A><G) o f this paragraph, with the certificate of coverage to be
p �.. .
provided to the person for whom they are proving services.
(I) If `
any provision of this rule or its application .'x lication to any person r circumstance nce is held invalid, the
invalidity does not affect other provisions or applications of this rule that can be given effect without
'valid provision or application, and to this end the provisions of this rule are declared to be
the m p p
severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a governmental
entity on or after September 1, 1994. This rule is also applicable for those building or construction
contracts
entered into on or after September 1, 1994, which are not required by law to be advertised
for bid.
(h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant
to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and
who P rovide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4j).
(1) The coverage requirement in'this rule does not apply to sole proprietors, partners, and corporate
officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded from
i
coverage in accordance with the Act, § 406.097(a) a added by House 1089, 74th mature,
1995, . 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 -ire
that is delivered, issued for delivery, or renewed on or after January 1, 1 996.
Source: The provisions of this 1 I o. 110 adopted to be effective September 1, 1 994 19 Tie
you p p
5715; amended to be effective November 6, 1995, 20 Tex Reg 8609.
RQturn to Section Index
http://www.sos.state.musitac/23/11/1 ] 110.11 0.html
NOTICE TO CONTRACTORS •- B
Revised 1/12/98)
Page 7 of 7
8/7/98
PART A
SPECIAL PROVISIONS
BEN SARA GYMNASIUM HVAC SYSTEMS REPLACEMENT - 2007
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Receivin Pro • osals /Pre -Bid Meetin
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:00 p.m., Wednesday, November 7, 2007. 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 - BEN GARZA GYMNASIUM HVAC SYSTEMS
REPLACEMENT - 2007; PROJECT NO. 3327
A pre -bid meeting will be held on Thursday, Nove ber 1, 2007, beginning at
10 :00 AM. The meeting will convene at the Engineering Services Main
Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi,
T. and will include a discussion of the project elements. If requested, a
site visit will follow.
No additional or se•arate visitations will be conducted b the city.
A-2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A-3 Description of Project
The project consists of the replacement of eight (8) packaged rooftop units
with associated ductwork, curbs, supports, piping, and controls. Other work
includes demolition /disposal of existing rooftop units and disconnecting,
extending, rerouting and reconnecting of associated electrical feeders.
Modifications to roofing including asbestos abatement as required to
accommodate new and existing roof curbs and new ductwork. Alternate Bid Item
No. 1 includes specified condenser coil coatings for all new packaged rooftop
units condensing coils. All work to be complete with all appurtenances, in
accordance with the plans, specifications and contract documents.
A-4 Method of Award
The bids will be evaluated based on the following priority order, subject to
the availability of funding:
1. Total Base Bid -OR-
2. Total Base Bid plus Alternate Bid Item No. 1.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5% Bid Bond (Must reference "BEN GARZA GYMNASIUM HVAC SYSTEMS
REPLCAEMENT - 2007; PROJECT NO. 3327" as identified in the Proposal)
A Cashier's Check, certified check, money order or bank draft from any
State or Iational Bank will also be acceptable.)
Section A - SP
(Revised 12/15/04)
Page 1 of 22
2. Disclosure of Interests statement
3. Documentation as required by Special Provision A-28, A- 9 , and A-30.
A-6 Time of Completion /Liquidated Damages
The working time for completion of the Project will be One hundred ford
(140) calendar days. The Contractor shall commence work within ten (10)
calendar days after receipt of written notice from the Director of
Engineering ervices or designee "City Engineer") to proceed.
Work will be permitted within the building Monday through Friday from 8:00
A.M. to P.M. Work will be permitted outside the building and on roof at
any time as scheduled by Owner. Proj
A-8 Faxed PrsEpsals
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 i
A-12
Gas t
Storm water Department
Parks & Recreation Department
Streets & Solid Waste Services
AE P
S B C
City Street Div . for Ttf f is
Sim, /Fiber Optic Locate
Cablevision
BSI (Fiber Optic)
INC (Fiber Optic)
Choicecan (Fiber Optic)
CAPRCCK (Fiber Optic)
Brooks Fiber Optic ()
Maintenance of Services
NOT USED
885 -6900 (885-6900 after hours)
857 -1881 (880 -3140 after hours)
880 -3461
857 -1970
299-4833 (693 -9444 after hours)
881 -2511 1- 800--824 -4424, after hours)
857 -1946
857 -5000
887 -9200
813 -1124
881 -5767
512/935 -0958
972- 753 -4355
857-1960
(857 -5060 after hers)
(Pager 800-724-3624)
(Pager 888 -204- 1679)
(Pager 850-2981)
Mobile)
existing utilitice
Teasertabolebtaned from existing s boil
t o c, -w,., r.. t r, , c t o... of this type of prof
-- . uaranteed .
It is the Contractor ' o s c .,
ntain the services
- -- - le -tin facilities. -
in conti '
drawings, the C
„ -. t .-.c _ back in service-te—elanAltifieiN
-the utilitieo.
rid---are interfered with i : e . - -- c-ekei ,
r liquid must be handled
ina of tents to the satisfact
A- I3 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and public. This
may include, but is not limited to, working driveways in half widths,
construction of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City. Copies of this
Section A - SP
(Revised 12/15/04)
Page 4 of 22
document are available 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 will be made to Contractor.
A-14 Construction Equipment Spillage and Trackim
The Contractor shall keep the adjoining streets free of tracked and /or
spilled materials going to or from the construction area. Hand labor and /or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals NOT USED
be filled wit
of-providing a g...
.f , ; .� filled
; dirt must be free of
to- -f-rrn its appearance or - rtherc_* eT
o idewalks and driveways must
grass.
applied with seed/sod and
removed „, , s - otherwise noted.
imited to pipe, driveways,
A-16 Disposal /Salvage of Materials
to Contractor.
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A- I7 Field Office NOT USED
field office at -th
w Y Y M
+ f a
f T �
least 30"
ble space. The field office
an&wer; ng ,e .v e , and FAX machine paid for by t
separate - for the field office.
A-18 Schedule and Sequence of Construction
per day
The Contractor shall submit to the City Engineer a work plan based only on
aktamumR days. This plan must detail the schedule of work and must be
Section A - SP
(Revised 12/L5/04)
Page 5 of 22
submitted to the City Engineer at least three (3) working days prior to the
pre - construction meeting.
Work will be permitted within the building Monday through Friday from 8:00
A.M. to 5:00 P.M. Work will be permitted outside the building and on roof at
any time as scheduled by Owner. Project equipment replacement shall be
scheduled to minimize occupant discomfort during facility occupied time
periods. Facility will be continuously occupied before March 17, 2007.
Scheduled outages will be allowed contingent upon Owner schedule. Facility
will be unoccupied from March 17 through March 30 to allow Contractor
uninterrupted access to the facility. Additional unoccupied times or outages
will be allowed contingent upon Owner schedule.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to
the Pre - Construction Meeting an initial Construction Progress Schedule
for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-- Submission: Revise and resubmit as required by the City Engineer.
5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A-19 Construction Pro-iect Layout and Control NOT USED
eeet-ienc,
measurements,
nos ry include: line °, slopes, grades,
bench marks, baselines, etc -. -- - -that - arc normally
w
-the City or Consultant Project Engineer.
control of the work.
ich all lines, clopec and measurements necessary for
mat - -- - -bexh mark, the Contractor shall provide the City or Consultant
r
eetabliched by the City or Consultant Project Engineer as ncco nary, -at no
coot t the Contractor . Control poi tc or bench marks damaged as a result of
th ntractor'c negligence will be restored by the City or Consultant
PreIeet-Engineer at the expense of the Contractor.
that the Contractor furnish a maximum of two ( )
pe*eennel for the purpose of assisting the measuring of the comp -t
Section A - SP
(Revised 12/15/04)
Page 6 of 22
I
v er f o 7^r l\ t /Y ` `4 l i c
by the-City ���s � r � _ t r r
compliance to any ro
Strccts:
Z
e_.,,z er _
Z
-Party Surveyor and ccrt -ice
Watcr:
- 1 top of valves—be-x-1-
vault rim;
-- - Stor'mwatcr
-nt e-rcect ions ,
A -20 Testing d certification
-- - I III I! �� rr� -� -- --
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 Pro j ct Signs NOT USED
n-- nrta11 1 Projcct
The signs must
Z
amity
Enginccr.
A-22 Minorit Minorit Business Ente • rise Partici • ation Folic (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
Section A - SP
(Revised 12/15/04)
Page 7 of 22
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican - Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth
1.
Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 1.O of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0 of
whose assets or partnership interests are owned by one or more
Section A - SP
(Revised 12/15/04)
Page 8 of 22
i
women, or a corporation at least 51.O% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 15
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
- Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the Wilding work
Section A -- SP
(Revised 12/15/04)
Page 9 of 22
is completed - - . _ - . . - - Contractor must obtain the Certificate
of Occupancy, when applicable. Section B-6-2 of the General Provisions is
hereby amended in that the Contractor must pay all fees and charges levied by
the City's Building Inspection Department, and all other City fees, including
water /wastewater meter fees and tap fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10%) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent 1 of the Surety
Company's capital and surplus with reinsures (s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10%) of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A-25 Sales Tax Exempt_ NOT USED
Section B-6-22, Tax Exemption Provision, is deleted in its entirety and the
following substituted in lieu thereof.
Contracts for improvements to real property awarded by the City of Corpus
Chrioti - -do not qualify for exemptions of Sales, Exc1ee7 and Use Taxes unless
the Contractor- elect- to—operate under a separated contract as defined by
Section 3.291 of -Chats- , Ta 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.
2. Identify in the - appropriate -apace on the "Statement of Materials and
Other Charges" in the proposal form the cost of materials physically
incorporated into the Project.
3. Provide resale certificates to suppliers.
Section A -- SP
(Revised 12/15/04)
Page 10 of 22
= C
p~ropoal value of matei4ale.
and Usc Ta
?L.-26 SupOementai_Insurance Rirements
The ontraet r r.,tm .,
and the su t_r. e r , __ t,,r
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
restri
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B -6 -1I of the General Provisions
is amended to include:
Contractor must provide Bu l r-' s Ri ek _ ..r _ Insta1lat ion Floater insurance
coverage for the term of the Contract up to and including the date the
City finally accepts the Proj
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
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 ►ended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
With the Bid Proposal Form
ALL Bidders
apparent- lowest all bidders (based on the Bice Bid only must submit to the
City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
Section A - SP
(Revised 12/15/04)
Page 13 of 22
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-7-13;
7. A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre - construction conference;
8. Documentation required pursuant to the Special Provisions A-28 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
10. With the Bid Proposal. Form,
ALL Bidder's shall submit in letter form, information identifying type
of entity and state, i.e., Texas (or other state) Corporation or
Partnership, and name (s) and Title (s) of individual (s) authorized to
execute contracts on behalf of said entity.
A -i Amended Policy _tetra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
Poll on tetra Work and chat• a Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 ended "cecutian of Contract" Recir+ents
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Proj ect . Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract . Contractor is reminded to
attend the Pre -Bid Meeting referred to in Special Provision A -1.
Section A - SP
(Revised 12/15/04)
Page 14 of 22
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 Cit Water Facilities: s • ecial Re * irements NOT USED
*
Vioitor/Contr-z.,,c,.
Per to performing w.rk
Contractor,
at any
City
eeo must
their prior attendance
•• - conducted by the
Z
L
Z.
For additio
C.
operate
t itc customers at
Departme
tr :sae -tat rei notallation, and inspc t '
eenferm-
to
American
Z
i# Gi Zo a l 'i wr.ti r ar ra r-y Fd t i t u t N a t i o n 1
ibed in the
Section A - SP
(Revised 12/15/04)
Page 15 of 22
ZZ
Z
eubeentracters, must be contained at all timer at the watc
traoh will not be allowed. The Contractor
keep -work areao clean at all tims and remove all -rah
daily.
hour—c will be 7:00 A.M. to 5:00 P.M., Monday thru Friday.
F t e
mot- provide own oanitary fa ilitie .
eeffi . employees mutt not leave the designated con3truction
evacuation.
K. Gen ra ctor Qualificationo ADA (SUrERVISORY CONTROL AND DATA
ACQUISITION)
be performed only by qualified technical and supervisory prnnl,
—.-ti t e, ,,.,,,... ,r.. c d by--
celectiono, furnihing, installing, connecting,
regrammin , eu for i z in , debugging, calibrating, or placing in
these cpecificationo.
The C ,•,tr.. to hic aub ontr'a for propooing to perform the SCADA
gaged—in—the---computer-based ec
L
municipal water and wa3twater industry.
and complexity ao required in this Contract on at lc of
wee prior prof et .
---- - He hac been actively engaged in the type of work opecified
Section A - SP
(Revised 12/15/04)
Page 16 of 22
- He- employs a Rcuzsistered Iirefescional Engineer,
perform the-work required by this-specifications.
software proposed - -for the Contract.
6. He maintains a o'mnent , - - --fully staffed and equipped
service facility within 400 miles of the Project site - -to
maintain, repair, calibrate, and program the systems
specified herein.
8. Prior performance at the 0. N. Stevens Water Treatment
Plant will be used in evaluating—which Contractor -- -e
Z
Z
9.
The Contractor shall produce all filled -out programming
blocks required to show the programming as needed and
CADA system. Attached is an example of the required
programming blocks which the City requires to be filled in
and given -to thity - Engineer with all changes made during
the programming phase. The attached sheet is an example and
is not - intend - -t- show all of the required sheets. The
All trenching for th-i-G project at the 0. N. Stevens Water Treatment
number of existing underground obstructions. No trenching machines
shall be allowed on-the project.
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
Section A - SP
(Revised 12/15/04)
Page 17 of 22
accordance with the requirements of the Project and Contract
documents.
e. scheduling: Contractor must schedule the submittals to expedite the
Proj
A-39 Certificate of occupancy and Final Acceptance NOT USED
Vie-issuance of a -- certificate
constitute- ficceptan
a,
of occupancy for
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non - perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
A -41 ozone Advisory NOT USED
notify Contractor about ozon
A -42 OSHA Rules Regulations
- - - -- - - - -- - -- -
-days for which
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 S. 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.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A-44 change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.). This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
Section A - SP
(Revised 12/15/04)
Page 19 of 22
A -4 As -Built Dimensions and Drawing (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as -built dimensions and locations of all work constructed. As
a minimum, the final drawings shall include the following:
(1) Horizontal and vertical dimensions due to
substitutions /field changes.
( ) Changes in equipment and dimensions due to substitutions.
(3) "Nameplate" ►eplate" data on all installed equipment.
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
ti: 46 i sposal o f Highly Chlorinated water (7/5/00) NOT USED
h C.-., trcctor• shall be -- -_ -- - • _ - __ _
i A i 7 1�t �eot and line - f 77 a1h f# g 7 n� y� -app
+� � P971T7Tr � �� -� 7 _ _
ZZ
d ma r _ Cont
A-47 Pre- Construction Exploratory Excavations (7/5/00) NOT USED
pipeline
a00-4eet-maximum 0.C.
report.
Z
s of th
1-in s .
Z
O. C. and C
Section A - SP
(Revised 12/15/04)
Page 20 of 22
ry o eavations shall. be paid- - fer
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CPC, AEP and inform cr&L AEP of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A-49 Amended "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guarant , add the following
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A-50 Asbestos Limited Survey (09/19/07)
Limited Asbestos Survey, Ben Garza Gym, 1815 Howard Street, Corpus Christi,
Texas prepared by All Points Environmental, LLC. Refer to Attachment A to
Special Provisions,
Section A •- SP
(Revised 12/15/04)
Page 21 of 22
SUBMITTAL TRANSMITTAL FORM
PROJECT : BEN GARZA GYMNASIUM EVAC SYSTEMS REPLACEMENT - 2007; PROJECT No.
3327
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: STRIDDE, CALLINS & ASSOCIATES, INC.
CONTRACTOR:
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 22 f 22
PART A - SPECIAL PROVISIONS
ATTACHMENT A
LIMITED ASBESTOS SURVEY (09/19/07)
All Points Environmental, LLC
Wiwg' Asbestos Consulting Industrial Hygiene 0 Safety
Indoor i t Quality a Training Environmental
1 utp: /ww iv.aflpoiniseii it i iiei iai_fiei
500 N. Water St., Ste. 401 • Corpus Christi, Texas 78 471
(3 61) 882 -3393 • Fax: 61 883-1511
CITY OF
CORPUS CHRISTI
ASBESTOS LIMITED SURVEY
BEN GARZA GYM
1815 HOWARD ST.
CORPUS CHRISIT, TEXAS
CA.126.097
All Points Environmental, LLC
Asbestos Consulting Industrial Hygiene 4s. Safety
t y
Indoor Air Quality t Training Environmental
h!t :+ :, ww. aIIpoiitts ri _ir iimentaImet
500 N. Water St., Ste. 401 • Corpus Christi, Texas 78471
(361) 882-3393 * Fax: (361) 883-1511
Mr. Kevin Stowers
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
Asbestos Material
Identification Survey
Ben Garza gym
1815 Howard St.
Corpus Christi, TX
09/ 19/ 2007
s H. Griffin,
President
DSO Consultant License # t05563
1-xpiration Date: April 25, 2009
CA. 1 26.097
SO
INI
PURPOSE
1. To determine the presence or absence of asbestos containing roofing material from the
Roof & A/C unit ducts located at 1815 Howard in Corpus Christi, TX. The determination
ofthe asbestos content of suspect materials is to be based on the analytical results of bulk
material samples.
2. To develop an asbestos containing material inventory list, which identifies the location
and quantity of asbestos containing roofing materials.
SUMMARY OF INSPECTION
On September 17, 2007, Mr, Josh Lopez, a Texas Department of State Health Services (TDSHS)
Licensed Inspector (TDSFIS No. 602377) along with an assistant from All Points Environmental,
a Licensed Asbestos Consultant Agency TDSI -IS No. 10 -0099) conducted a asbestos survey at
the Ben Garza Gym Roof for Asbestos Containing Materials (ACM).
Bulk samples were collected from the roof and the A/C ducts of urt. These samples were
subsequently submitted to a Department of State Health Services licensed Asbestos Laboratory
(APEX Precision Analytical Services, Inc., DSHS S License No. 30-0312).
Data necessary to establish an inventory of asbestos containing materials was collected during
the field activities.
SUMMARY AND DISCUSSION OF RESULTS
A total of Fifteen bulk samples were collected from the roofing & mastic materials
suspected of asbestos content.
Of the total samples collected, eight of the samples were reported to contain asbestos
concentrations greater than one percent (1%) as determined by PLM visual estimate.
Black mastic
Eight samples of black mastic material were collected. Alt of the samples were reported to
contain asbestos concentrations greater than one percent (1%) as determined by PLM visual
estimate.
B&oflniMae I roi!- nand h -rno e
Seven (7) samples of roofing material were collected. None ofthe samples were reported to
contain asbestos.
CONCLUSIONS
Asbestos Containing Materials (ACM) requiring regulatory compliance is present in the mastic
materials On the A/C ducts located at 3204 Highland in Corpus Christi, Texas.
Category 1 non-friable ACM was identified in the Black mastic material around the A/C Units
from both the upper and lower level roofs Sample # CO 1- 12. C01-016, contained
chi C 1 -02 0, 001 -024. C 1 -048, C01-052, contained 5` -n C h l o i i l e C01-028, CO-O56.
contained i fr L iii y oUU lc .
SAMPLE COLLECTION AND ANALYTICAL METHODOLOGIES
Bulk samples were collected on the basis of suspected asbestos content.
As bulk samples of suspect materials were collected, a specific sample number was issued.
Random numbers from ILA Fisher and F. Yates, Statistical Tables for Biological, Agricultural,
and Medical Research, Table XXXlfl, Random Numbers, were utilized to reduce the possibility
of bias by the laboratory technicians during the analysis phase.
A chain of custody was established for all samples collected to verify transfer of possession.
The laboratories employed to perform analysis of the samples are licensed by the Department of
:., State Health Services to perfomn the required analysis.
Asbestos content was confirmed or denied by means o f Polarized Light Microscopy (P LM) as
outlined in the E.P.A. Interim Method for the Determination of Asbestos in Bulk Insulation
Samples (EPA 600/R-93 - 1 l6)
Samples were examined under a stereomicroscope for gross sample appearance and visual
estimate of fiber concentration. After homogenizing the samples, a representative portion of each
sample was examined under the Polarizing Light Microscope for several characteristics
including: 1 Morphology, Pleochroisr Extinction angle and characteristics, (4)
Birefringence, (5) Sign of Elongation, and Dispersion staining color.
r
RECOMMENDATIONS
Under the current N S AP's regulation 40 CFR 61.145, each owner or operator of a demolition
and/or renovation activity must remove all regulated ACM before activity begins that would
break up, dislodge, or similarly disturb the material or preclude access to the material for
subsequent removal. Prior to demolition and/or renovation, the friable, damaged friable and non -
friable, which could become friable ACM is regulated by the Texas Department of State Health
Services. Any removal of Asbestos Containing Material shall be removed by a ISIS License
Asbestos Abatement Contractor. Also prior to demolition and/or renovation. the DSFIS
Demolition/Renovation Notification Form must be completed and postmarked at least ten days
prior to the project start date (except for emergencies or order demolitions).
•
CITY OF CORPUS CHRISTI
BEN GARZA GYMNASIUM
1815 HOWARD
SAMPLE LOCATIONS
Bulk Sample Locations
Asbestos Containing Sample Locations
,
:it\ of Co rp us Christ i
[:fl (iat17'41 111
Ben Garza Gym
1815 Howard
Corpus Christi, Texas
•it\ or(i'orptt. Christi
Ben Crar-r," (ivm
(•A.1.)6.097
Roofing material from the Northeast comer of the upper
level roof
Lab Results: Black Roofing Material None Detected
Sample # C01-001
Sample 4 C01-004
Roofing material from the center of the upper level roof
Lab Results: Black Roofing Material <1°-.6 Chrysotile
�x.
(:it .. or •cis` i ;' L-en Gym
i
'A, 1 i6.097
Roofing material from the Southwest corner of the up-
per level roof
Lab Results Black Roornliz Material,' None Detected
Sample # C01-008
Sample # C01-012
Black mastic and insulation from the Northeast HVAC
Unit riser-
Lab Results: Black Mastic 13'n lu- t iI
Light brown insulation None Detected
� ;a/
City of o l pus _ IFi i � () in
Sample # CO -016
1
Iftrar
Sample tl COI -010
A .126.097
Black mastic and insulation from the North - egt HVAC
Unit riser
Lab Results _ Black Mastic ;i-1 �? .
Tan insulation f' None Detected
Black mastic and insulation from the Southeast HVAC
Unit riser
Lab Results: Black Mastic 1 5" of
Light brown insulation /None Detected
(ii:\ or( .t1')i (1111.1S i
ia11i 0 111
Sample # 1 -024
Sample C01-028
A . 1 7)6.09
Black elastic and insulation from the Southeast FIVAC
Unit riser
Lab Results: Black Mastic ". Chi soti
Tan insulation . None Detected
Black mastic tic and insulation from the outh t FIVAC
Unit riser
Lab Results: Black Mastic / � ���t� --lirvsotile
(iitv t) It'orptis .. hfl sti
Bell (1ai'zi ( t i 11 1
Sample # CO I
Sample O1. -036
I 2 (-) 09 7
Roll -on roof-11w material and insulation from the center
of the upper-level roof
Lab Results White, lte, black roll on roolmE.4 material
None Detected
Light brown insulation F None Detected
Roll -on roofing material and insulation from the South-
west corner of the lower- level roof
Lab Results; White, black roll on roofiii2 material
None Detected
Light brown insulation None Detected
i \- ()f ( h BC11
Sample # C01-040
.1
Sample it C01-044
2 .1 /
Roll -on r ofum material from the northwest base of the
upper-ievei
Lab Results: White, black roll on rooting material
None Detected
Roll -on roofin material and insulation from the South-
east corner of the lower -level roof
Lab results: White, black roll on rooting material
None Detected
Lidit brown n innsulation None Detected
-1 Of COrpti Chrkti
Beu (_ - -
Sample 4 C01-048
Sample COI-052
( A.1 )6.097
Black mastic from I ' ducts from the lower-level
rooftop HVAC Units
Lab Results: Black Mastic C1 'h - sotile
Black mastic from HVAC ducts from the lower- level
rooftop HVAC Units
Lab Results: Black Mastic
City of Corpus Christi
Ieri Ciarza 0vm CA.126,097
Black mastic from HVAC ducts from the lower-level
rooftop FIVAC Units
Lab Results: Black Mastic / n C131-VSOI
Sample # CO1-O56
•
IME
APEX PRECISION ANALYTICAL SERVICES, INC.
Chain of Custody
Date Sent:
Date Collected: CO I 9
J
on
Contact : A. Medina
Remarks:
Company: All Points Environmental, LLC
P.O#: 191
Address: 500 North Water St. Suite #401
Corpus Christi, TX 78471
Phone: 361482-3393
[-
Turn Around Time:
Critical ASAP: I r 4 Hr
Job #:
.. tpki 1%01D,6111
APASI #:
"a
361-883-1511
--
ProjectName: emit eitnu
¥vc*jfLSpere Tra "ames
Evugal/Mold spore count by Airmail# Cyclex (d),
ioC ll, or other spore trap cassette/device
Rush:
24
Routine: _3 ay_ Day
Phase Contrast ros i ' C -Air Sa • es
Fiber Concentration by NIOSH Method 7400 Issue
iildTHv2iene-4k4 Bulk &maks
Total Nuisance qua tr by NOSH Method 0500
Total Respirable (Air) y NIOSH MCthod 0600
C1) Refractory ramlc Fiber (Bulk) Ident ation
isuai Estimation b Polarized': . t M1atsao
Mysskjuad&tii_p_A ED Sam ks
FungidThfold Identification — bulk sample, tape lid, swab
.alarms l h Mersa (F� -Bulk a
Asbestos Identification is ai Estimation)
by EPA 600/R-93/116 Method
AAbestos Identification (Point Count)
by EPA 600/M4-82-020 Metnod-
Asbestos Identification So w
by Gravinietrio Reducticin
Location Descri s don:
Volume
Instructions
i -0 t tatMeniMINMIONTIIIIIiiiMEMME
Milliiiiiiiii in AL k i ' I Mragili=11111111111111111
tiF'iO4 Rai n ii�. , %_ � C 1i .l 9 1r t .�illi.1
ISM id MEI
INNIMIMMMil IMDEMIIMMIIM
INAMMIWEEIM r
IMMTOEMalt Mala
kit 1 1 L Li Li
-oiU
t
0
1
Resin h • by: ..
Date:
Time:
Received by:
Date:
Pifintill" -
Time: CV
APEX PRECISION ANALYTICAL SERVICES, INC.
3526 FM 528 SUITE 1001 FRIENDSWOOD, TX 77546 1281-648-9918 281- 648-9595 FAX
1
WO
.vrr:x Y12L�'U1SION ANALYTICAL SERVICES, INC.
AN INDEPENDENT LABOR A R PROVIDING CONVENTIONAL AND ON-SITE A SIS
PLM (Bulk) - Asbestos Analysis Report - Visual ID
(EPA Method 600/R-93-116 Visual Area Estimation)
Client:
All Points Environmental, LL.
500 North Water St.1 Suite 401
Corpus Christi, TX 78471
361-882-3393
Contact: Armando Medina
Report Number: 1307 -1946
Report Date: September 19, 2007
Samples Collected: September 17, 2007
Date Received: September 18, 2007
Turn- around time: 24 Hours
Job ID Site: CA.126.007 / Ben Garza Gyre - _
Client Sample Lab Sample
Number Number (by layer)
-.�, . - -- - - - -- -- - -, -
Color / Description / Fibrous 1 Asbestos Content
NonElbrous / Homogeneity Type & %
-- 41■■=11 - - -- - o -- _I
Black / Rodin Material / Fibrous /
Non- Asbestos
Fibrous Type & %
Matrix
%Ai 1-UIJ I
1 0T- 1940 1
l"Io to el�oous IVO�e u t tea
rtorous i.)1a5
hinder
C01-004
1307-1946-02
Black / Rooting Material / Fbrou /
Chryso5le
Homogeneous
1
Fibrous Glass
3%
Binder
01.008
- -
1307 - 1946.03
track / Roofing ing l latei�lai Fibrous/
- - - -„ - - -
None Detected
- -- --
-
F roes Glass
3% Binder
—
01-01
w .�.
1307-1946-04A
Black / Mastic / Fibrous Homogeneous Cbrys the
3%
Cellulose
Fibrous Glass
—
Binder
%
130 -i - 4
Ugh. Brown n / Insulation / Fibrous / None Detected
Homogeneous
Cellulose
Fibrous Grass
4 + Binder
C01 -016
1307-1946-05A
-r
Blade / Mastic ! Fibrous / Homogeneous brysotr1e
- -
3%
Cellulose
Fibrous Glass
Binder
3%
- -
- ∎....m. ∎ --
1 307- 1946 -0 B
- -- - - ■ - ■ - - - - - -
Tan / insulation / Fibrous / Homogeneous None Detected
Cellulose
80% Binder
001-020
1307-1946-06A
Black / Mastic ! Fibrous / Homogeneous hryso le
5%
Cellulose
Fibrous Gass
Bindef
3%
1307 -1948
light Brown Insulation lrlbro�u ! None Detected
Homogeneous
Cellulose
459 Binder
C01.O24
1307-1946-07A
I
Black !Mastic / Fibrous ! Homogeneous
hry oldie
5%
Fibrous Glass
3%
Binder
■ - -- I \
. Simmons
1 Laboratory Manager
Analytical resu1s and reports aye generated by Apex Precision Analytical Services at the request of and for the exclusive use of the person or entity (client) named on such report.
Result, reports of ohs of serve will not be released by Apex Precision Analytical Services to any third party without the written mufti st from client These results only repesent
▪ the materials submitted. Supporting laboratory documentation Is available upon request. s report cannot be used to represent conditions al any other location, dale Of tirne
•rid does not imply that this space is free from these or any other contaminants. !o responsibility or liability is assumed for the manner In which these results are used or
Interpreted. � rn,st r be used to claim product endorsement by NVL.AP or any government agency of the United States. Apex Precision Analytical Services reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise Specified.
NVLAP Lab Code: 200633.0 PLM
TDSHS Asbestos Lab License#: 30-0312 PLM/PCM
3526 P.M, 528. Suite 100, Friend wood, Texas 77546 Office (281)648-9918/Fax (281)648 -9595
., APEX PRECISION ANALYTICAL SERVICES, INC.
AN INDEPENDENT LABORATORY PROVIDING CONVENTIONAL AND ON-SITE ANALYSIS
PLM (Bulk) Asbestos Analysis Report. Visual ID
(EPA Method 600/R-93-116 Visual Area Estimation)
Client:
All Points Environmental, LLC.
500 North Water Sts 1 Suite 401
- Corpus Christi, TX 78471
361-882-3393
Contact: Armando Medina
- Job ID /Site: CAA - 126.0971 en Garza G m
o r
-MN
Report rt uml er: 1307 -1946
Report Date: September 19, 2007
Samples Collected: September 17, 2007
Date Received: September 18, 2007
Turn- around time: 24 Hours
Client Sample
Number
wi --
C01-024
C01 -028
C01 -032
Lab Sample
Number by layer)
Dolor / Description Fibrous 1
NonFlbrous / Homogeneity
Asbestos Content
Type
1307-1946407B
an /Insulation /Fibrous / Homogeneous
None Detected
1307-1946-08 Black/Mastic/ Fibrous / Homogeneous
White, Black I Roll Roofing I Fibrous 1
1307 - 1946 -O9A
Homogeneous
Chrysollle
Non-Asbestos
Fibrous Type & %
--vv_
Matrix
Cellulose 90% Binder
Binder
i Binder
3%
40 Binder
Binder
10% None Detected
1307 -1 94EO9B
Light Brow / Insulation Fibrous/
Homogeneous
• C01 -036
leg
1307-1946-10A
1307 - 1946 -1
V
While,Biack I Roll Roofing / Fibrous /
Homogeneous
Light Brown / Insulation / Fibrous 1
Homogeneous
C01-040 1307- 1946 -11
C91.044 1307- 1946 -12A
1307 -1946 -128
C01.049
None Detected
None Detected
None Detected
None Detected
Fibrous Glass
Synthetic
Cellulose
Fibrous Glass
Synthetic
Cellulose 40%
Fibrous Glass
Synthetic
Fibrous Glass
Synthetic
Cellulose 40%
White,Black / Roll Roofing 1 Fib ou I
Homogeneous
None Detected
While,Black / Roll Roofing 1 Fibrous /
Homogeneous
Ugh! Brown / Insulation / Fibrous 1
Homogeneous
1307-1946-13 Black i Mastic I Fibrous / Homogeneous
None Defected
None Detected
Chrysohe
3 %
2% 2
3
2%
3%
B der
Binder
Birder
Bin
Binder
5%
Cellulose 3% Binder
Fibrous Glass 2%
Laboratory Manager
Analytical results and reports are generated by Apex Precision Analytical Services at this request of and for the exclusive use Other person or entity (client) named on such report.
Result. reports or copies of same will not be released by Apex Precision Analytical Services to any third party without the written request from client These results only repesent
the materials submitted. Supporting laboratory documentation is available upon request. This report cannot be used to represent conditions et any other iocatJon, date or time
and does not Imply that this space is free from these or any other contaminants. No responsibility or liability is assumed for the manner In which these results are used or
Interpreted. This must not be used to can product endorsement by NVLAP or any government agency of the United Males, Apex Precision Analytical Services reserves the right to
dispose of al samples after a period of thirty (3) days, accords to all suite and federal guidelines, unless otherwise specified.
NVLAP Lab Code: 200633-0 PLM TDS1-15 Asbestos Lab License#: 30-0312 PL I/P M
3526 E.M. 528, Suite 100, Friendswood, Texas 77546 Office (281)648-9918/Fax 81 )64819595
•
No
r
APEX PRLCISION ANALYTICAL SERVICES, INC.
AN INDEPENDENT LABORATORY PROVIDING NV I Tio AL AND OIL -SITE ANALYSIS
PLM (Bulk) - Asbestos Analysis Report - Visual ID
(EPA Method O0 /R- 93.116 Visual Area Estimation)
Client:
All Points Environmental, LL,
500 North Water St, Suite 401
Corpus Christi, TX 8471
361482.3393
Contact: Armando Medina
Job ID Site: CA. 26.0 71 Ben Garza G rm
Client Sample
Number
Report Number: 1307.1946
Report Date: September 19, 2007
Samples Collected: September 17, 2007
Date Received: September 18, 2007
Tura- around time: 24 Hours
Color / Description 1 Fibrous l
NonFl#prous 1 Homogeneity
Asbestos Content
Type %
Non.Asbestos
Fibrous Type & %
C01-052
COt-056
1 307 - 1946 -14 Black 1 Mastic / Fibrous / Homogeneous
1307-1946-15
.V"
Black J Mastic I Fibrous 1 Homogeneous
Chrysotile 5% Fibrous Glass
Chrysotile 1C None Detected
Matrix
Binder
Binder
yr
rr
Sirs s
Laboratory Manager
Analytical results and roods are generated by Apex Precision Ana#ytkal Services at the request of and for the exclusive use of the perms or entity (client) named on such report.
esull, reports or copies of same will not be released by Apex Precision Analytical Services to eny third party without the written req ue t from client These results only rrepe ent
the materials submitted. Supporting laboratory documentation is available upon request This report cannot be used to represent oondltions at any other location, date or lime
and does not Imply that this space Is free from these or any other contaminants. No responsibility or liability Is assumed for the manner to which these results are used or
interpreted. This must not be red to claim product endorsement by NV LAP or any government agency of the United dales. Apex Precision Analytical Services reserves the right ra
dispose of all samples after a period of thirty (30) days. ac,comfing to all stale and federal guidelines, unless otherwise spa fed.
NVLAP Lab Code: 200633 -0 PLM TDSFIS Asbestos Lab License#: 30.0312 PLM/P
3526 F.M. 528, Suite 100, Frienciswood, Texas 77546 Office (281)648-9918/Fox (281)648 -9595
PART C
FEDERAL WAGE RATES
AND REQUIREMENTS
General Decision Number: TX070063 08/31/2007 TX 63
Superseded General Decision Number: Tx2003003
State: Texas
Construction Type: Building
Counties: Nueces and San Patricia Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of . single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 02/09/2007
1 05/11/2007
2 05/18/2007
3 07/20/2007
4 08/31/2007
BRTX0001 -005 05/01/2007
Rates Fringes
BRICKLAYER 20.00 6.50
* ELEC0 7 -001 08/27/2006
Rates Fringes
ELECTRICIAN , $ 18.45 .7 +75
* IRONOO -002 06/01/2007
Rates Fringes
IRONWORKER 17.40 5.00
* PAIN0130 -001 07/01/2005
Rates Fringes
PAINTER $ 15.15 4.42
* SUTx1 7 -002 03/01/1987
Rates
CARPENTER $ 9.96
Cement Mason /Finisher 12.50
LABORER: Mason Tender $ 7.14
LABORER 5.85
Plumbers and Pipefitters
(Including H7A) , .... 10.05
Fringes
Power equipment operators:
Backhoe $ 7.84
ROOFER, Including Built Up,
Composition and Single Ply $ 9.20
TRUCK DRIVER $ 7.50
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)) .
In the listing above, the " SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
• 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.
Washington, DC 20210
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, I.W.
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, I.W.
Washington, DC 20210
4. All decisions by the Administrative Review Board are final.
END F GENERAL DECISION
.8
;j
A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT is entered into this 20TH day of NOVEMBER,
2007 by and between the CITY OF CORPUS CHRISTI of the County of
Nuee, State of Texas, acting through its duly authorized City
Manager, termed in the Contract Documents as "City," and Male
Inc. termed in the Contract Documents as "Contractor," upon these
terms, performable in Nueces County, Texas:
In consideration of the payment of $143,015. by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
BEN GARZA GY AS I UM
RAC SYSTEMS REPLACEMENT 2007 - PROJECT NO. 3327
(TOTAL BASE BID ALT .BID ITEM 1 .1 : $143,015.00)
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, plans and specifications, including all maps, plate.
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.
Agreement
Page 1 of 2
The Contractor will commence work within ten (1 0) calendar
days from date they receive written work order and will complete
same within 140 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST:
City Secretary
APPRO D AS TO
By:
Asst. City Atto
(If Corporat
(Seal Below)
(Note: It' Person signing for
corporation is not President,
attach copy of authorization
to sign)
-1 fs
CITY O' CORPUS CHRISTI
By: AX044041d 414?'
Ang
mgr , of Public Works and Utilities
Escobar, Interim Asst. City
By:
BSI
Kevin Stowers,
Interim Director of Engineering Services
CONTRACTOR
Mal k Inc.
By:i
Title: •
P. .B X 679
(Address)
CORPUS CHRISTI, TX 78403
(City) (State) (ZIP)
361/888""8281 * 361/888 -7257
(Phone) (Fax)
Agreement
Page 2 of 2
dY
AUTWAIM-
12/07/2e07 11:27 3618887257
E•
MALEK INC PAGE 01
Po BOX 679 • 2521 ANTELOPE u CORPUS CHRISTI, TEXAS 940 • (381) 8884281 • FAX (381)888-7257
December 7, 2007
To Whom It May Coate:
1 Sue Malek, President of Haler Inc, give Frank Mal k, Vice President of Malek Inc,
authorization to sign any and all legal documents for Malek Inc,
Sin cprely,
77) 0-62-1(
Sue Malek
President
State of Texas
County of Nueces
Before sue, a notary public, on this day personally appeared Sue Malek. known to me to
be the person whose name is subscribed to the foregoing document and, being by me firs
duly sworn, declared that the statements therein contained are true and corms.
Notary Public's Signature -• - - -_ (Personalized Seal)
Regulated by the /T Texas fit. of licensing eRey W Qn Pia aux 12157, Austin, TX ' 1 73 11, 1-800.803-9202, 1.512 4599, Ie No TA LA000540
Re cr1 t by e Texas Mete rd of Plumbing Examiners, P.0. Bo 200 Amer, TX, 615, 5S - ' , License No. A4-11255
AIR CO 1 lTJ IN • HEATING • SHEET METAL • REFRIGERATION • CONTROLS • PLUMBING
PROPOSAL F R 1
F
BEN GARZA GYMNA3IVM HVAC SYSTEMS REPLACEMENT - 2007
PROJECT NO. 3327
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Proposal Form
Page 1 of
P R O P O S A L
Place :City of Corpus Christi, TX
Date: November 7, W07
--
Proposal of Malek Inc. ,
a Corporation organized and existing under the laws of the
State of Texas
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
BEN GARZA GYMNASIUM HVAC SYSTEMS REPLACEMENT - 2007
PROJECT NO. 3327
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-
wit:
Proposal Form
Page 2 of
TOTAL BASS BID:
„ I
I
.... III -
IV
Iv
ITEM
QTY
Description
-
AB- 1
Total
BB -1
One (1)
Lump
Sum
�r.. ,rte,
One (1)
Lump
Sum
All necessary labor and
materials to provide the
replacement of eight (8)
packaged rooftop units in
accordance with the Contract
Documents , complete and in
place per Lump Sure .
w. . ... '., .two
•
C1591
'
BB-2
Asbestos abatement in
accordance with Specification
'for Ab e atom Removal and1
applicable amendment(s),
complete and in place per Lump
._*III r
+rr..Mr�nr v�r
,'11
_
BB-3
One (1)
Lump
Sum
Allowance c omp l e t I
and in place per Lump Sum.
'
-
15,000
TOTAL BASE BID:
(Bid Items BB -1, BB-2, and BB-3)
TOTAL ALTERNATE SID ITEM NO. l:
38-
I
i
II
III
IV
ITEM
- --- - --
0 TY
-- \ -- - --- -
Description
fir.
Total
�-- -- - - - - --
-
AB- 1
- ---
- -
One 1
Lump
Sum
- - - - - -- � -
All necessary labor and
materials to provide specified
condenser coil coatings for
eight (8) new packaged rooftop
units in accordance with the
Contract Documents, complete
and in lace per Lu • Sum.
$ Li 3.50c1.
,` -
TOTAL ALTERNATE BID ITEM NO. 1:
Bid Item AB-1)
TOTAL BASE BID PLUS TOTAL ALTERNATE BID ITEM NO. 1:
(Bid Items BB-1, BB -2, and BB -3 4- Bid Item AB-1)
*NOTE: Allowance amount show is for bidding purposes only and may be
zero or a credit to the City. Actual use of thi
The undersigned hereby declares that he has visited the site
and has carefully examined the plans, specifications and contract
documents relating to the work covered by his bid or bids, that he
agrees to do the work, and that no representations made by the City are
in any sense a warranty but are mere estimates for the guidance of the
Contractor.
Upon notification of award of contract, we will within ten
(10) calendar days execute the formal contract and will deliver a
Performance Bond (as required) for the faithful performance of this
contract and a Payment Bond (as required) to insure payment for all
labor and materials. The bid bond attached to this proposal, in the
amount of of the highest amount bid, is to become the property of
the City of Corpus Christi in the event the contract and bonds are not
executed within the time above set forth as liquidated damages for the
delay and additional work caused thereby.
Minority /Minority Business Enterprise Participation: The
apparent low bidder shall, within five days of receipt of bids, submit
to the City Engineer, in writing, the names and addresses of MBE firms
participating in the contract and a description of the work to be
.a ■ tir *...r r.. .i i p / #71..ti s
Number of Signed Sets of Documents: The contract and all
bonds will be prepared in not less than four counterpart (original
signed) sets.
Time of Completion: The undersigned agrees to complete the
work within 140 _- calendar days from the date designated by a Work Order.
The undersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all
materials and do everything required to carry out the above mentioned
work covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Receipt of the following addenda is acknowledged (addenda
number): #1, #2
Respectfully submited:
Name: k 414.14k
By: ---- - -- ''46
(SEAL - IF BIDDER IS (SIGNATURE)
E
a Corporation) Address : "4" 674 _ 1544 AlAhhoe
(P.O. Box) Street)
�•
7f00.3
(City) (State) (Zip)
Telephone : 3(o!- 1- V
NOTE: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Proposal Form
Page 4 of
(Revised August 2000)
f •
PERFORMANCE B N D
BOND NO. PRF0891 4 5
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES 5
THAT Male Inc. of NUECES County, Texas,
hereinafter called "Principal", andFIDELIT DEPOSIT COMPANY OF MARYILND, a
corporation organized under the laws of the State of_liamajbd n - - --
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of ONE HUNDRED
FORTY-THREE THOUSAND FIFTEEN AND NO/1000143 01 . DOLLARS,
lawful money of the United States, to be paid in Nueces County,
Texas, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 20TH of NOVEMBER , 20 07 , a copy of which is
hereto attached and made a part hereof, for the construction of:
BEN GARZA GYMNASIUM
HVAC SYSTEMS REPLACEMENT 2007 - PROJECT NO. 3327
(TOTAL BASE BID - ALT.BID ITEM N .1: $143,015.
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
*t COLONIAL AMERICAN CASUALTY & SURETY CO.
Performance Bond
Page 1 of
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the _Amu
day of DECEMBER , 20 07 .
PRINCIPAL
MALE . INC.
..- , F
(Print Name & Title)
ATTEST
L:)A06..ikAAAN
Secretary
Thee
sR_ Mese 4;3
(Print Name)
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY C.
By:•
Attorney-fact
MARY ELLEN MOORE
(Print Name)
•
•
The Resident Agent of the Surety' in Nueces County, . TOtas, for
delivery of notice and service of process is:
Agency: SWANTNER & CORDON INSURANCE AGENCY
Contact Person: MAY ELLEN MOORE
Address: P.O. BOX 870 - --
PUS CHRISTI. TEXAS 78403
Phone Number: 361-883-1711
(NOTE: Date of Performance Bond crust not be prior to date of contract) (Revised 9/02)
Performance Bond
Page 2 of 2
PAYMENT B O N D
BOND NO. PRF08910455
STATE OF TEXAS
COUNTY OF NUECES
THAT Mal k, Inc. of NUECES County,. Texas,
KNOW ALL BY THESE PRESENTS:
hereinafter called "Principal", andFIDELITY & DEPOSIT COMPANY OF MARYLAND
a corporation organized under the laws of the State of iND
and duly authorized to do business in the State of Texas,
hereinafter called "Surety ", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of ONE
HUNDRED FORTY -THREE THOUSAND , FIFTEEN AND NO /100 14 , 1. .
wrr.rw_
DOLLARS, lawful money of the United States, to be paid in Nueces
County, Texas, for the payment of which sum well and truly to be
made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 20TH day NOVEMBER , 20 07 , a copy of which
is hereto attached and made a part hereof, for the construction of
BEN GARZA GYMNASIUM
HVAC SYSTEMS REPLACEMENT 2007 - PROJECT NO. 3327
(TOTAL BASE BID + A, T .BID ITEM N . 1 : $143,015.O0)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
** COLONIAL AMERICAN CASUALTY & SURETY CO.
Payment Bond
Page 1 of
This bond is given to meet the requirements t of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material ",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 4TH
day of DECEMBER , 20 07 .
PRINCIPAL
MALEK, INC.
By:
/14,J,1-
re2 0.1 vT1 L 1,?-1C
(Print Name & Title)
ATTEST
n\i"\M.C‘-\(\i\gi
Secretary
CAUM r J
(Print arse)
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY C.
By:
Attorne Fn-fact
MARY ELLEN MORE
(Print Name)
f r
The Resident Agent of the Surety in .Nueces County,_ _Texas',
delivery er of notice and service of process is:
lge n aVANTNER & GORDON INSURANCE AGENCY
Contact Person: utty ELLEN MOO
Address:
Phone Number:
P.O. ROY. 870
et.
:48
361 -883 -1711
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02)
Payment Bond
Page 2 of 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the - s aryland, by PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, pursuance of - u . � i Article VI, Section
rye P of the By-Laws ' . ,, , �: -
Laws of said Companies, which are set forth on the reverse - � w �� er rt red to be full force
and effect on the date hereof, does hereby nominate, nate, constr k
en MOORE, R. 1i.
LEE, Diann EISENHAUER, A. �f . � -
us hristl, Texas, EACH its
true and lawful agent and Attorney -in -F . � .�, .�;- - � - : . � � � :� :.. � r, and on its half as surety, and as its act
and deed: any and all bon . w 0� .` le
+i ► s 1 i ehalf of Independent Executors, Community
Survivors and Co a . pans . lorjVioillaWNk of such bonds or undertakings in pursuance of these presents,
shall be as binding o , � . t% . Al and amply, to all intents and purposes, as if they had been duly executed
and acknowledged b 1 - c ed officers of the Company at its office in Baltimore, Md., in their own proper
persons. This power * me revokes that issued on behalf of Leroy A. RYZA, .� y ,Mary Ellen MOORE, R. M. LEE, Dann
EISENHAUER, Michael A. WHITNEY, Irene BLUEMEL, dated July 22, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article la,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPAW, this 13th day of October, A.D. 2003.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
T E. Smith Assistant Secretary Paul C. Rogers
Vice President
State of Maryland
City of Baltimore
On this 13th day of October, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA-F 168-9883
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2009
EXTRACT ACT FF M BY- LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
D
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice-Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice-Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, renizans, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instalments in
the nature of mrtgags,...and to affix the seal of the Company thereto."
EXTRACT ACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior
Vice- Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Commiftee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instrumnts in
the nature of mortgages, ... and to affix ix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT MPAW/ OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanicall y
reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 31-3 _...... day of DECEMBER , 2007
Assistant Secretary
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227
1MPORTAjT NOTICE
To obtain information or make a complaint:
You may call the -Fidelity and Deposit Company Maryland, •
Colonial American Casualty �
and Company, and/or Zurich American Company's toll -free
telephone
i forx ation or to make a complaint at:
number for
�
1-800 -654-5155
You may contact the Texas Department of Insurance to obtain n in'rmtrn on mni,
Coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of I uranc :
P.O. . Box 149104
Austin, TX 78714 -91
FAX t# 12 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about ,a claim, you should .first contact
Fidelity and of Maryland r Colonial
ricn Casualty and Surety Company. n . if the dispute is not
resolved, you may contact off`Insurance.
' act Texas
ATTACH THIS NOTICE TO ICY. This notice i for information oral a
- -, and does
not become a part or condition of the attached document.
SR 5 ;IJ [ [• (08/01)
Disclosure Statement
Court Bonds - BC
ZURICH AGENT/BROKER COMPENSATION DISCLOSURE
Dear Policyholder:
ZURICH
On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your
insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to
represent your company's interests in the placement of insurance coverages.
As iS the case with many insurance companies in the United States, Zurich distributes many of its insurance products
through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent
many insurance companies. Because we do not employ your agent or broker, the way they are compensated may
vary. We recommend you discuss these arrangements with your agent or broker.
Like many other insurers, when Zurich compensates your agent or broker, they may receive two types of payments.
The first type of compensation is known as "base commission," and the second is called ,contingent compensation."
For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with
your business, please go to http://virvnv.zurichna.com. Click on the information link located on the Agent/Broker
Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to
view this information. Alternatively, you may call (877) 347 -6465 to obtain this type of information.
Thank you.
Access Code: 201 104474
U- FEET - -4O -A CIN (09/06)
Page 1 of 1
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
ESTS
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".
FIRM NAME Malek , Inc
STREET: 2521 Are t -lop CITY: - -- - - ZIP:
FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm ".
Name Job Title and City Department if known)
_NA
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
3. State the names of each "board member of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm ".
Name Board, commission or committee
NA - --
N
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 rim.
Name Consultant
N A N/A
CERTIFICATE
FICATE
1 certify that all information provided Is true and correct as of the date of this statement, that 1 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: a Title:r
Type or Print)
Signature of Certifying Person: __ --�- � � Date: 11-07-07
Proposal Form
Page 5 of
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. "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.
c. "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.
d. `Official ". The Mayor, members of the city Council, City Manager, Deputy city Manager,
Assistant City Managers, Department and Division Heads and it unicipal Court Judges of the
City of Corpus Christi, Texas.
0. `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 holding or COntroi astablished through ! e it � proxies r
special terms of venture or partnership agreements. � i_ _ _
f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Proposal Form
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