HomeMy WebLinkAboutC2008-356 - 9/18/2008 - NA2008-356
09/18/08
Vialek, Inc.
S P E C I A L P R O V I S I O N a
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
F O R
CHILLER REPLACEMENT AT CITY/COUNTY
HEALTH DEPARTMENT (HORNS RD)
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826-3500
Fax: 361/826-3501
PROJECT N0: 5241
CHILLER REPLACEMENT AT CITY/COUNTY HEALTH DEPARTMENT (HORNE RD)
PROJECT N0.5241
Table of Contents
NOTICE TO BIDDERS
NOTICE TO CONTRACTORS - A
Insurance Requirements
NOTICE TO CONTRACTORS - B
Worker's Compensation Coverage For Building or Construction Projects For Government Entities
PART A -SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Defmitions and Abbreviations
A-3 Description of Project
A-4 Method of Awazd
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)
A-12 Maintenance of Services
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
A-15 Excavation and Removals
A-16 DisposaVSalvage of Materials
" ~ (NOT USED)
A-18 Schedule and Sequence of Construction
A-19 Construction Staking
A-20 Testing and Certification
" ~~ n...•,.,.. e:,... (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
" oc e..~,.., m.... c.~e«,..a:,..,-NO LONGER APPLICABLE (6/11/98)
A-26 Supplemental Insurance Requirements
" ev n __ ....:~.:r..., c . n,.....,.,, ni,,:..... (NOT USED)
A-28 Considerations for Contract Awazd 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 "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
(NOT USED)
A-36 Other Submittals (Revised 9/18/00)
" a~ " a a ~" Asti c m r • w a ~. w n: ~~ (NOT USED)
TABLE OF CONTENTS
1 OF 2
A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities
A-39 Certificate of Occupancy and Final Acceptance
A-40 Amendment to Section B-8-6: Partial Estimates
rY"ri--omix°v ~iaYi~~: j (NOT USED)
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99) . .
A-45 As-Built Dimensions and Drawings (7/5/00)
(NOT USED)
n n a n n c....",..,..,.... ~„ ..~~ (NOT USED)
A-48 Overhead Electrical Wves (7/5/00)
A-49 Amend "Maintenance Guazanty" (8/24/00)
A-50 Amended "Prosecution and Progress"
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIONS
Section 15000 - Mechanical and Electrical Requirements
LIST OF DRAWINGS
1 ROOF PLAN -CHILLER YARD DEMOLITION
2 SECTION - CHII,LER YARD DEMOLITION
3 ROOF PLAN -CHILLER YARD
4 SECTION -CHILLER YARD
5 EQUIPMENT SCHEDULE
6 ELECTRICAL PLAN - CHII,LER YARD
NOTICE
AGREEMENT
PROPOSAL/DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
TABLE OF CONTENTS
20F2
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
Chiller Replacement at City/County Health Department (Horne Road) -
Project No. 5241; Consists of furnishing all equipment, apparatus,
materials and labor necessary for, or reasonably incidental to, the
complete (finished/functional/operating) installation of one (1) new
100-ton chiller, one (1) new 90-ton chiller, and removal of existing
chillers and associated apparatus as indicated and as required. All
work shall be constructed in accordance with the plans, specifications
and contract documents.
Proposals will be received at the office of the City Secretary until
2:00 p.m. on August 29, 2008, and then publicly opened and read. Any
bid received after closing time will be returned unopened.
A pre-bid meeting is scheduled for 10:00 a.m., Monday, August 25, 2008
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 5% 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.
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
/s/ Kevin Stowers
Interim Director of Engineering Services
/s/ Armando Chaps
City Secretary
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised September, 2000
A Certificate of Insurance indicating proof of coverage
in the following amounts is required:
TYPE OF INSURANCE MINIMUM 1NSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Fonn
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
6. .hazard
7. Contractual Insurance
8. Broad Form Property Damage
9. Independent Contractors
10. Personallnjury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,OOQ000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE ~ REQUIRED
Not limited to sudden & accidental discharge; to include ~ NOT REQUIRED
long-tern environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-Cr l l and Supplemental Insurance
Requirements
^ REQUIRED
D NOT REQUIRED
INSTALLATION FLOATER See Section B-611 and Supplemental Insurance
Requirements
^ REQUIRED
NOT REQUIRED
Page 1 of 2
OThe City of Corpus Christi must be named as an additional insured on all coverages except workers
compensation liability coverage.
OThe name of the project must be listed under "description of operations" on each certificate of insurance.
OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy,
signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material
change on any coverage. 'Ihe Contractor shall provide to the City the other endorsements to insurance policies or
coverages which are specified in section B-6-I1 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 Conduct Administrator at
880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 11
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context cleazly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if so defined.
(I) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regazdless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project--Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of aself-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) ofthis subsection, using
the language required by pazagraph (7) ofthis subsection;
(2) as part of the contract, using the language required by pazagraph (7) ofthis subsection,
require the contractor to perform as required in subsection (d) ofthis section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the cureent 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 expvation 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 far three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they aze contained or to impose stricter standards of documentation: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration ofthe project and for one
yeaz thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify cuttent coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to thecontractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days aRer the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subpazagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements,
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this wntract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the govemmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions:'
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in paragraph (3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
yeaz thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subpazagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they aze providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declazed to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 1 l
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage."
Page 8 of 11
T28S 110.110(c)(7)
Article .Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of arty entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classifecation codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Tezas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services an a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certifrcate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of I 1
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within ] 0 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.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classtfrcation codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certifrcate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) rtot~ the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (I) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of aself-insured, with the commission's Division of Self-
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
CRILLSR REPLACEMENT AT CITY/CODNTY REALTH DRPARTMENT (HORNB ROAD)
PROJECT NO. 5241
3SCTION A - SPECIAL PROVISIONS
A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2.00 p m Friday August 29, 2008. Proposals
mailed should be addressed in the following manner:
City of Corpus Christi
City Secretary's Office
1201 Leopard Street
COrpl18 Chri sYi Texas 78401
A pre-bid meeting will be held on Monday, August 25, 2008, beginning at 10:00
- A.M. The meeting will convene at the Engineering Services Main Conference
-- Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and
will include a discussion of the project elements. If requested, a site
visit will follow.
No additional or se arate visitations will be conducted by the Cit
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
This project. shall include the furnishing all equipment, apparatus, materials
and labor necessary for, or reasonably incidental to, the complete
(finished/functional/operating) installation of one (1) new 100-ton chiller,
one (1) new 90-ton chiller, and removal of existing chillers and associated
apparatus as indicated and as required.
A-4 Method of Award
The bids will be evaluated based on the following: Total Base Bid
The Contractor will be responsible for the chiller temperature from the date
of award to completion date. Currently, the City has a lease with Aggreko
Rental. The Contractor may negotiate assumption of this lease or may install
their own upon award date and must include this cost in the Total Base Bid.
The total base bid must include a contingency of $10,000 which is to be used
only with approval of the City.
Contractor shall guarantee bid for 60 days.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
Section A - SP
(Revised 12/15/04)
Page 1 of 22
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5$ Sid Hoad (Hunt reference CHILLER REPLACEMENT AT CITY/COIINTY HEALTH
DEPARTMENT (HORNE ROAD) PROJECT NO. 5241, as identified in the
Proposal).
(A Cashier's Check, certified check, money order or bank draft from nay
State or National Hank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 120 calendar days.
The Contractor shall commence work upon receipt of written notice from the
Director of Engineering Services or designee ("City Engineer") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
Contractor will proceed immediately upon notice of award. However, ao
payments will be processed until payment bond, performance bond sad inauraaee
certificates are submitted satisfactorily to the City.
A-7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
Section A - SP
(Revised 14/15/04)
Paga 4 of 22
A-8 Faxed Proposals
Proposals faxed directly to the City will be considered non-responsive.
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B-2 of the General Provisions.
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for BUILDING. r„--tease e€~~r
..1...11 L.i ..L....~ -4..
Miniimnn Prevailing Wage Scales
The Corp~1C Christi City Council has determined the general prevailing minvman hourly wage
rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor
mist not pay less than the specified wage rates to all laborers, workmen, and mechanics
enployed by than in the execution of the Contract. The Contractor or subcontractor shall
forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer,
workman, or mechanic enployed, if such person is paid less than the specified rates for the
classification of work perfornied. The Contractor and each subcontractor mist keep an
accurate record showing the names and classifications of all laborers, ~rlanen, and mechanics
enployed by than in connection with the Project and showing the actual wages paid to each
worker.
The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The
Contractor will also obtain copies of such certified payrolls from all subcontractors and
others working on the Project. These documents will also be submitted to the City Engineer
bi-weekly. (See section for Minority/Minority Business Enterprise Pazticipation Policy for
additional requirements concerning the proper form and content of the payroll submittals.)
One and one-half (1'~) times the specified hourly wage mist be paid for all hours worked in
excess of 90 hours in any one week and for all hours worked on Sundays or holidays. (See
Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.)
A-11 Cooperation with Public A9~es (Revised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities operating
within the limits of the Pmject. The Contractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
facility by using Dig Tess 1-800-344-8377, the Lone Star Notification Cacpany at 1-800-669-
8399, and the Verizon Dig Alert 1-800-483-6279. For the Contractor's convenience, the
following telephone numbers axe listed.
City Engineer 626-3500
Project Architect 882-8171
STRIDDE, CALLI[1S & ASSOC. 883-9199
Traffic Engineer 826-3540
Police Department 882-1911
Water Department 826-1880
Wastewater Department 826-1818
Gas Department 885-6900
Storm Water Department 826-1881
(826-3140 after hours)
(826-3190 after hours)
(885-6900 after hours)
(626-3190 after hours)
Section A - SP
(Revised 12/15/04)
Page 3 of 22
Parks & Recreation Department 826-3961
Streets & Solid Waste Services 826-1970
AEP 299-9833 (361/693-9994 after hours)
SBC / A T s T 881-2511 (800-629-9929,after hours)
Signal/Fiber Optic Locate 857-1996 857-1960
Cablevision 857-5000 (657-5060 after hours)
ACSI (Fiber Optic) 887-9200 (Pages 800-724-3629
CenturyTel 225/214-1169 (225/229-3202 (M)
ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2961)
CAPROCK (Fiber Optic) 512/935-0958 (Mobile)
Brooks Fiber Optic (MAN) 972/753-9355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractdr's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
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
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
Section A - SP
(Revised 12/15/06)
Page 6 oP 22
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A-14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
All necessary removals including but not .limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation"; therefore, no direct payment will be made to Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field Office (NOT USED)
ti
„ ~.
~ a,
A-16 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
cA~xoaR days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three (3) working days prior to the
pre-construction meeting.
Section A - SP
(Revlaed 12/15/06)
Page 5 of 22
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 Project Layout and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections,- measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
The Contractor shall furnish all lines, slopes and measurements necessary for
control of the work.
If, during construction, it is necessary to disturb or destroy a control
point or bench mark, the Contractor shall provide the City or Consultant
Project Engineer 98 hours notice so that alternate control points can be
established by the City or Consultant Project Engineer as necessary, at no
cost to the Contractor. Control points or bench marks damaged as a result of
the Contractor's negligence will be restored by the City or Consultant
Project Engineer at the expense of the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and
grade to properly execute the work, the Contractor shall obtain approval of
the City or Consultant Project Engineer prior to deviation. If, in the
opinion of the City or Consultant Project Engineer, the required deviation
would necessitate a revision to the drawings, the Contractor shall provide
supporting measurements as required for the City or Consultant Project
Engineer to revise the drawings.
The Contractor shall tie in or reference all valves and manholes, both
existing and proposed, for the purpose of adjusting valves and manholes at
the completion of the paving process. Also, the City or Consultant Project
Engineer may require that the Contractor furnish a maximum of two (2)
personnel for the purpose of assisting the measuring of the completed work.
.~-Sze s en a 200
section A - SP
(ReviaeC 12/15/04)
Page 6 oP 22
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A-20 Testinq and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
A-21 Project Signs (NOT USED)
A-22 Minority/Minority Business Enterprise Participation Policy (Revises to/9e)
Polic
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
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, mater ials or any
Section A - SP
(Revised 12/15/06)
Page 7 of 22
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 51.08 of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0$ of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.08 or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0$ of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0$ of whose assets or interests
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 50.08 interest, shall be
deemed equivalent to having minority participation in 25.08 of the
work. Minority members of the joint venture must have either
Section A - 9P
(Revised 12/15/Od)
Page 8 0£ 22
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3.
9
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)
25 ~ 0 8
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.
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 ox final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the building is
completed and ready for occupancy. 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 Honds
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
Section A - SP
(Aevieed 12/15/04)
Page 9 of 22
of ten percent (10~) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10$) of the Surety
Company's capital and surplus with reinsurer (s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10$) of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A-25 Sales Tax Exemption (NOT USED)
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9action A - SP
(Revised 12/15/04)
Page 10 0£ 22
A-26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement- to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
change to:
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.0. Box 9277
Corpus Christi, Texas 78969-9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that- the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless ahd defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys' fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Responsibility for Damage Claims (NOT USED)
Section A - SP
(Aeviaed 12/15/04)
Page 11 of 22
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A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, then prior to award, the City
Engineer may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien., If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's. request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's EYeld Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Section A - SP
(Revised 12/15/OC)
Page 12 of 22
Suett written approval of field a~+'*+*++stretion 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 Amended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
I. 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 fox each
major component of the work;
9. 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.
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;
Section A - aP
(Revised 12/15/04)
Paga 13 oP 22
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. Within five (5) days following bid opening, 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 (e) of
individual(s) authorized to execute contracts on behalf of said entity.
A-31 Amended Policy an Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-B-S
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of 525,000.00 must also
be approved by the City Council.
A-32 Amended "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre-Bid Meeting referred to in Special Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions !if applicable), construction
Section A - 8P
(Revised 12/15/06)
Page 16 of 22
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 City Water Facilities: Special Requirements (NOT USED)
-4.. a4~ ~
~
L
~
I / ~
• 1 i ti. ~
.~4 1. ~..~ .. 41..-.
4 L.~ ~ 4.. , ..F~r~ !le\ ... 4.. .~~.4
1 r s nd---egd~snent used *'' "'"`',..
r'
eenzarra~ ~ ~kne~' can ' e - S~ar~d__a^ - /*,_ _,
n 4....A-...,a C......i f<-.
~ 1 a. ] L L L L
Section A - SP
(Revised 12/15/04)
Page 15 of 22
k, 1 .. l ,. ,.a F.. r.. ~_
}tan e~angey ~^ne, e~ ~~h3€e->~....--~=oz -'°-- - -~ _ _~
~~~ee'de i:e}ePhenes €et~ 6en~~ae~e~-~-
1]1--L L..1-..L ___- _.._ _-L _e_. 1.. L.1 .. ~_.. /"__L--..L.... .. _..
-~__ -_--r_____.. ___ ____ ___----_ ___
(1 J 11 1..._ 'l (1 /1 C.nn M M~xa `1 .... 4L. .-.. 1~+~-J ~.•~
2 ..4 F....: l }-.a ~. L.... 4...,...4
d A } 6en~~aet:es eeh` a}es mast: ~e
#Qnat:ed by-6}~~ 6~a~e~ Bepa~€eaen~ -FF ,,,, ~„
,,_ ,.~
_,, 4bii : «,.
r
~ Ile
,....., .. „F,.,
l
Y l
4L........ ...4 ..
~ 7 7
1
I
~4.,cs_.+ _.
€a'i
t
..+ --Y. ....,~
~
;~
6 --H -ia~-a-Pe~enanen
ment; rrh~eh 4s the
#
h
o
eke
g
I{e sly} rr;=n
s
~ae€}ea} eae>:ea€ °,~
m-
' -_.. 4..:..
g
rt~x
~e ~s:s e--rna3f
Section A - SP
(Revised 12/15/04)
Page 16 of 22
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
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
Section A - SP
(Revised 12/15/04)
Page 17 of 22
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3, Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise the related equipment will not be approved for use
on the project.
A 37 Amended "Arrangement and Chazge for Water Furnished by the City" 0`~ usEO1
„
„
F..l l ....L n
6 1-5 Ifr~aer~emwr~an
_ ~, ~ m,..
F.... ..L.~~
FL..........M ~~
A-38 Worker's Compensation Coverage for Building or Construction Projects for
The requirements of "Notice to Contractors 'B "' are incorporated by reference
in this Special.Provision.
A-39 Certificate of Occupancy and Final Acceptance
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision B-B-
9.
A-40 Amendment to Section 8-6-6: 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.
Section A - SP
(Apviead 12/15/Od)
sage 18 of 22
A-41 Ozone Advisory (NOT USED)
A-42 OSHA Aules S Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs.
A-43 Amended indemnification 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 ox 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.
A-45 As-Built Dimensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as-built dimensions and locations of all work constructed. As
a minimum, the final drawings shall include the following:
(1) Horizontal and vertical dimensions due to
substitutions/field changes.
(2) Changes in equipment and dimensions due to substitutions.
(3) "Nameplate" data on all installed equipment.
Section A - SP
(Revised 12/15/04)
Page 19 of 22
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED)
T}te-6 rae r sha be resgens' b e €er ~" " '' ^F "`"` ~"' `^
testingT d's'n€eet'en and }fine
3 wat r; part}ex€ar~ h~ gh.^ leve s^ e€ -*, ~_..~^ _ .: , , `-~ --a F,..-
eis~n€eetieny-and may-eseeeed the ~' `-' ~ ' ~-' `^
weEiafla~--e eas~er~~ent~s~sens`t've areas ""~-~ 7 `
agerre~es~e~eh a9 '~)7~r6~ ~P~~ ete T4 .: , , t... 4t... r ,.a ti: , : }s
a31-s+ate~-ass #n the-P~eTeet '' a- ^F a: .. ~.,,
the it~~~r-appreea '£here F `:-~,..
F^.. J,~ ..l ^F •~}..mires}...i ,4 ^...
A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT VSED)
,4
.i..
gasp^sed~ige}fines a€~ ^a ~^..}. ,^,-
7
Inn T n n
..1.....: 4 : 4 4 ^ _
.4 ...i
3ppr6K4~~--9tat' 6n }~^ ~'
^4 ..4 i .. ..l :
.nL
• 1 f.-..~ -~.-~.
~ c ' --
--r __-.
^ er-ga^ement~ateh€ng -4.._..~,._ ..,.~„ r_ :a^
A-4B 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 CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
Section A - SP
(Revised 12/15/04)
Page 20 of 22
A-49 Amended "Maintenance Guaranty" (8/29/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A-50 Amended "Prosecution and Progress".
Under "General Provisions and Requirements for Municipal Construction
Contracts", 8-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract. If the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization/remobilization costs. Such costs shall be addressed
through a change order to the contract.
Section A - SP
(Aeviaed 12/15/04)
Page 21 of 22
SUaMITTAL
FORM
PROJECT: CHILLER REPLACEMENT AT CITY/COUNTY HEALTH DEPARTMENT (BORNE ROAD)
PROJECT No.
OWNER: CITY OF CORPUS CHRISTI
CONSULTANT: STRIDDE, CALLINS & ASSOCIATES, INC.
CONTRACTOR:
SUBMITTAL DATE: - SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
8ectioa A - SP
(Revised 12/15/06)
Page 22 of 22
A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF NUECES §
TAIS AGREEMENT is entered into this 2ND day of SEPTEMBER,
2008, by and between the CITY OF CORPUS CHRISTI of the County of
Nueces, State of Texas, acting through its duly authorized City
Manager, termed in the Contract Documents as "City," and Malek,
Inc. termed in the Contract Documents as "Contractor," upon these
terms, performable in Nueces County, Texas:
In consideration of the payment of $196,547.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
CHILLER REPLACEMENT AT
CITY/ COUNTY HEALTH DEPARTMENT (HORNE RD.)
PROJECT NO. 5241
(TOTAL BASE BID: $196,547.00)
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, plats,
blueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 120 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
CITY OF CORPUS CHRISTI
By: ~~m~~l--
Oscar Martinez
City Mgr. of Public Works .and
Utilities
APPROVED AS TO LEGAL
Asst. City Attorney
ATTESpT: (If Corp~o7ration)
J r e .~~ 4 ~~rG.E/~ J
( eal Below)
(Note: If Person aigaing for
corporation is not President,
attach espy of authorization
to aiga)
By: q~j~~a~
Kev 1~' towers,
Interim Director of Engineering
Services
CONTRACTOR
Malek, Inc.
ey: ~- ~//~~..
Tit 1e : L~f c. ~~ ~,~~;-~ /v"~ii
P.O. BOX 679
(Address)
CORPUS CHRISTI, TR 78403_____
(City) (State)(ZIP)
361/888-8281 * 361/888-7257
(Phone) (Fax)
Agreement
Page 2 of 2
P R O P O S A L- F O R M
F O R
CHILLER REPLACEMENT AT CITY/COUNTY HEALTH
DEPARTMENT (HORNE RD)
PROJECT NO. 4367
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PROPOSAL FORM
PADS 1 OF 5
P R O P O S A L
Place: ~~~~~ ,~~
Date: C{ AyG d
Proposal of ~ '~` E ~ ~ N
a Corporation organized and existing under the laws of the
State of -~X~~
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:
CHILLER REPLACEMENT AT CITY/COUNTY HEALTH DEPARTMENT (BORNE RD)
Project No. 4367
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-wit:
TOTAL SASE BID: $ ~ ~ Q~ S ~~
enorosu. eonM
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 4y 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 5~ 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
performed and its dollar value for bid evaluation purpose.
Number of Signed Seta of Documents: The contract and all bonds
will be prepared in not less than four counterpart (original signed) sets.
Time of Campl®tion: The undersigned agrees to complete the work
within 120 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):
Respectfully submitted:
Name: m/}~gk ~Y-C
By:
(SEAL - IF BIDDER IS
a Corporation) Address:
Telephone:
NOTE: Do not detach bid from other papexs.
Fill in with ink and submit complete
with attached papers.
(Revised August 2000)
PROPOSAL FOAM
P E R F O R M A N C E B O N D
BOND NO, PRF08910484
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT Malek, Inc. of NUECES County, Texas,
hereinafter called "Principal", andgIDELITY & DEPOSIT CO OF MARYLAND *, a
corporation organized under the laws of the State of MARYLAND ,
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
NINETY-SIX THOUSAND, FIVE HUNDRED FORTY-SEVEN AND
NO/100($196,547.00) 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: * COLONIAL AMERICAN CASUALTY & SURETY CO.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 2ND of SEPTEMBER 20 08 a copy of which is
hereto attached and made a part hereof, for the construction of:
CHILLER REPLACEMENT AT
CITY/ COUNTY HEALTH DEPARTMENT (HORNE RD.)
PROJECT NO. 5241
(TOTAL BASE SID: $196,547.00)
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.
Performance Bond
Page 1 of 2
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 9TH
day Of _ SEPTEMBER 2O 08
PRINCIPAL
MALEK, INC.
By: -~--~ lfl~T ~,~
FRANK MALEK, VICE PRESIDENT
(Print Name & Title)
ATTEST
SUE MALEK, SECRETARY
(Print Name & Title)
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY C0. -
B y : ~~%.~+~ ~Y
Attorney fact
MARY ELLE MOORE
(Print Name)
The<; gesideat, Agent of the Surety ].II Nueces COUaty, ~ "2'exsa,' fOi'_
delivery of notice and service of process is:
ACJeIICy: SWANTNER & GORDON INSURANCE AGENCY
COIItHCt Per90II: MARY ELLEN MOORE
Addre88: P.O. BOX 870
CORPUS CHRISTI TEXAS 7840"
PhOae Number: 361-883-1711
(NOTE: Date of Performance Bond must not be prior to date of contra ct)(Revised 3/08)
Performance Bond
Page 2 of 2
P A Y M E N T B O N D
BOND NO. PRF08910484
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT Malek, Inc. of NUECES County, Texas,
hereinafter called "Principal", and 4'TIIF' nFDncTT rn nF MAR VT ANn * i
a corporation organized under the laws of the State of MARYLAND
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 NINETY-SZX THOUSAND, FIVE HUNDRED FORTY-SEVEN AND
NO/100($1.96,547.00) 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: * COLONIAL AMERICAN CASUALTY & SURETY CO.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 2ND day SEPTEMBER 20 08 a copy of which
is hereto attached and made a part hereof, for the construction of:
CHILLER REPLACEMENT AT
CITY/ COUNTY HEALTH DEPARTMENT (HORNE RD.)
PROJECT NO. 5241
(TOTAL BASE BID: $196,547.00)
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.
Payment Bond
Page I of 2
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 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 9TH
day Of SEPTEMBER ZO OB
PRINCIPAL
MALEK, INC.
BY= ~--/ ~~~//
FRANK MALEK, VICE PRESIDENT
(Print Name & Title)
ATTEST
SUE MALEK, SECRETARY
(Print Name & Title)
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY CO
By:
Attorney ici-fact
Print
The Resident Agent of the Surety in Nueces County, ~'~4si3y fo~K'~~' "
dela.gery,pf notice and service of process is:
AgeIICy: SWANTNER & GORDON INSURANCE AGENCY
Contact Person: MARY ELLEN MOORE
Addre33: P.O. BOX 870
CORPUS CHRISTI, TEXAS 78403
Phone Number: 361-883-1711
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08)
Payment Bond
Page 2 of 2
gCORD CERTIFICATE OF LIABILITY INSURANCE OP ID MCCO DATE IMM/DD/YYVY)
_
MALEKCl 09~09~D9
aRDDNaeR ``'THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Swantner S Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~orpus Christi TX 78403-0870
Phone: 361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC#
NSURED INSURER A: au
9outharn Van ertl Insurance Co 10925
INSURER B: Texas Mutual Insurance Company
Malek, Inc-
Attn: Frank Malek INSURER C: $OUth@rn Insurance Com an 19216
P O Box 679
03 INSURER D'
Corpus Christi TX 784
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAV PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-TR N8R TYPE OF INSURANCE POLICY NUMBER DATE MM/DDM' DATE MMIDD LIMITS
GENERAL LU181LITY EACH OCCURRENCE S1 OOO OOO
A X COMMERCIAL GENERAL LIABILITY CMP5636216 12/31/07 12/31/08 PREMISES Eeoceurence 5100 OOO
CLAIMS MADE OCCUR / MED EXP (Any one person) S 5 OOO
)( ][C[J ,V/ PERSONALBAOV INJURY S 000,000
X Contractual Liab. GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 52,000 OOO
POLICY X JECT LOC Em Ben • 1 , OOO OOO
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT
51,000,000
C X ANYAUro BAP5636217 12/31/07 12/3
1/08 IEaaa~tlem)
/
ALL OWNED AUTOS J BODILY INJURY
5
SCHEDULED AUTOS (Per parson)
HIRED AUTOS BODILY INJURY
S
NON-OWNED AUTOS (Per acmdenl)
PROPERTY DAMAGE 5
(Pet etcitlenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANV AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
E%CESSNMBRELLA LUIBILITY EACH OCCURRENCE 5,000 OOO
C X OCCUR ~CLAIMSMADE UMB5636218 12/31/07 12/31/p9 AGGREGATE 55 000,000
/ S
DEDUCTIBLE J S
X RETENTION ESO OOO S
WORKERS COMPENSATION AND X TORY LIMITS ER
B EMPLOYERS' LU101L0-Y
TSF0001139713
12/31/07
12/31/08
E.L.EACHACCIDeNT
s1000000
ANV PROPRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? /
E.L. DISEASE-EA EMPLOYEE
S 1000000
H yea, describe untler
SPECIAL PROVISIONS below \/
E.L. DISEASE-POLICY LIMIT
SIOOOOOO
OTHER
A Equipment Floater CMP5636216 12/31/07 12/31/08 Sch. Equp 150,000
A Installation Fltr CMP5636216 12/31/07 12/31/08 Per Occ. 395 000
]ES CRIPTION OF OPERATIONS 1 LOCATIONS I VEHIC LES / E%CW SIGNS ADDED BYENDORS EMENT / SPECUU. PRO VISIONS
Project: Chiller Replacement ~t City/County Health Dept (Horne Road).
Project #: 5251 .b/
See Endorsements Attached.
City of Corpus Christi ~/
Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi TX 78469-9277
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOpE THE EXPIRATIOI
GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O J 'DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Malek,-Inc. CMP563621b
~~c~iti~ra~l_Yn~~~°ed m Pr•ir~~r°~ ~®v~r•ag~ ~ ,.~.,,~.
This endorsement changes the policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
Gomrnercial General Liability Coverage Farm
Schedule
Name of Person or Organization:
* ANY CEATIFIC;ATE HOLDER WHO IS REQUIRED HY WRITTEN CONTRACT WITH THE NAMED
INSURED TO BEAUDED AS AN ADDITIONAL INSLIRED TO THE NAMED TNSURED'S GENERAL
LIABILITY COVERAGE.
CERTIFICATES ARE ON FILE WITH YOUR AGENT.
Who is an Insured (Section II) is amended to Furthermore, the following is added to paragraph 4.,
include the person or organization shown in the Canrnercial General Liability Conditions (Section
Schedule, but only with respect to such person's or IV):
organization's vicarious liability for your negliyent
acts or omissions committed in the course of your 4. Other Insurance
ongoing operations performed for such person or
organization, and excluding any negligent acts or d. The insurance provided by this
omissions of such person or oryanization. endorsement is primary for the person
or organization shown in the Schedule.
Other insurance afforded to such
person or organization will apply as
excess and not contribute as primaiy
to the insurance afforded by this
endorsement.
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CG 8002 ll103 Pa[fe 7 0l 7
LNalek, Inc. t3dP5636216 t/
ublic F'lus~' ~~r~~c°al Liabi
This endorsement changes the policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Form
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement. _~ _ „~, _ __ _-_.e..~...~..
t. Medical Payments
Subject to [he terms of Section III -Limits of
Insurance, the Medical Expense Limit is the
higher of:
a. $t 0,000; or
b. 'fhe amount shown in the Declarations for
Medical Expense Limit.
Under Section I - Coverages, Coverage C -
Medical Payments, paragraph 1.a. (3),
subparagraph 2, is amended to read as follows
(2) The expenses are incurred and
reported to us within two years of the
date of accident
7.. Supplementary Payments Increased t.imits
Paragraph 1 of Section I - Coverages,
Supplementary Payments - Coverages A and B is
amended as follows:
b. Up to $2,500 foe the cost of bail bonds
required because of accidents or traffic law
violations arising out of the use of any vehicle
to which the Bodily Injury Liability Coverage
applies. W e do not have to furnish these
bonds.
3. Additional Insured by Contract, Agreement or
Permit
Section II -Who is an Insured, is amended to
include as an insured an)r person or organization
you are required by a written contract,
agreement, or permit to name as an insured, but
only with respect to "bodily injury" or "property
damage" arising out of such person or
organization's vicarious liability for your negligent
acts or omissions committed in the course of your
ongoing operations performed for such person or
organization, and excluding any negligent acts or
omissions of such person or organization.
This insurance does not apply to such person or
organization unless the contract, agreement or
permit is made prior to when the "bodily injury" or
"property damage" occurs.
4. Non-Owned Watercraft
Exclusion g. of Section I - Coverages, Coverage
A Bodily Injury and Property Damage does not
apply to any watercraft under 57 feet long that is
neither>
a. Owned by you; nor
b. Being used to carry persons or property for a
charge.
This additional insurance is excess over any other
valid and collectible insurance available to the
insured whether primary, excess, or contingent.
5. Broad Notice of Occurrence
Paragraph 2.a. of Section IV - Commercial
General Liability Conditions is deleted and
replaced by the following:
a. You trust sae to it that we are notified as soon
as practicable of an "occwrence" or an
offense which may result in a claim.
Knowledge of an "occurrence" or an offense
by your "employees" shall not, in itself,
constitute knowledge to you unless your
partners, "executive officers", directors,
insurance manager or risk manager shall
have actually received notice. To the extent
possible, notica should include:
{1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any
insured parsons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
The following is added to Paragraph 2. of Section
IV - Commercial General Liability Conditions:
e. If you fail to give us notice of an "occurrence",
offense, claim or "suit", solely due to your
reasonable and documented belief that the
Malek, Lnc. tYNP5636216
occupied by you with permission of the
owner, arising out of damage" to
premises, while rented to any one fire,
lightning; explosion or sprinkler leakage
"occurrence".
Subject to all the terms of Section tll -
I_imits of Insurance, the Damages to
,Premises Rented to You Lirrrit is the
greater of:
a. $250,000; or
b. The amount shown in the
Declarations for Damages to
Premises Rented to You Limit.
C. Paragraph 4.b.1.b. of Section IV -
Commercial General Liability Conditions is
amended to read
(b) That is Fire, Lightning, Explosion, Sprinkler
Leakage or any similar insurance coverage
for premises rented to you or temporarily
occupied by you with permission of the
owner: or
9. Extended Property Damage
Exclusion 2.a. of Section I -Coverages,
Coverage A Bodily Injury and Property Uamage
is replaced by the following:
a. "Bodily injury" or "property damage" expected
or- intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.
tt). Newly Formed or Acquired prganizations
Paragraph 4. of Section II - Who is an Insurod, is
replaced by the following:
4. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain ownership or majority interest, will
qualify as a Named Insured if there is no
other similar insurance available to that
organization. However:
~.
a. Coverage under this provision is afforded
only until the 180" day after you acquire
or form the organization or the end of the
policy period, whichever is earlier;
b. Coverage A does not apply to "bodily
injury" or "property damage" that
occurred before you acquired or farmed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired
or formed the organization.
11. Blanket Waiver of Subrogation
Section IV -Commercial General Liability
Conditions, Item 8. is replaced with:
3. Transfer of Rights of Recovery Against Others
to Us and Blanket Waiver of Subrogation
If the insured has rights to recover all or
pail of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair those
rights. At our request, the insured will
bring suit" or transfer those rights to us
and help us enforce them.
b. If required by a written "insured contract"
signed prior to an occurrence or offense,
we waive any right or recovery we may
have against any person or organization
because of payments we make for
"bodily injury", "property damage" or
"personal and advertising injury" arising
our' of your operations or work for that
person or organization.
V
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Malek, Inc. BAP5636217 1/
~lank~t ~e~diti®rt~l Br~su~ed
7hfs endorsement changes the policy. please read it carefully.
This endorsement modifies insurance provided under the following:
Business Auto Coverage Form /
Garage Coverage Form
Truckers Coverage Form
The provisions and exclusions that apply to Liability Coverage also apply to this endorsement
Where required by contract, the names and
addresses of all additional insureds on file with the
insurer or the agent is an insured, but only with
respect io legal responsibility for acts or omissions of
a person for whom Liability Coverage is afforded
under this policy.
You are authorized to act for the additional insured
in all matters pertaining to this insurance.
We will mail the additional insured notice of any
cancellation of this policy. If the cancellation is by us,
we will give ten days notice to the additional
insured.
The additional insured is not required to pay for any
premiums stated in the policy or earned from the
policy. Any return premium and any dividend, if
applicable, declared by us shall be paid to you.
cn nuoa ozoz
The additional insured will retain any right of
recovery as a claimant under this policy.
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V',.L 4.wX 1 4F...' ~it~G-~~ ~
PJ(fn 1 nl 1
t~lalek, Inc. BAP5636217 v
~lank~t VV~iv~~ c~fi ~lak~~~gatu~n
This endorsement changes the policy. Please read it carefully.
This endorsement modifies insurance provided under the followiny:
Business Auto Coverage Form
Garage Coverage Fonn
Tnrckers Coverage Form
Where required by contract, Loss Conditions A.S.,
"Transfer of Rights of Recovery Againsl Others to
Us", does not apply if the persons or organizations
are on file with the insurer or the agent.
f ~ r;"4
si;;n ~ ~YY-''//
c~~ aY t',i. r ~i s ~
CA R007 n9n7 n~„o ~ ,.r a
Malek, Inc. /
POLICY NUMBER: C:ML° ~~c> )G7) G i)u 111/// COMMERCIAL GENERAL LIABILITY
CG 02 OS 12 04
`i"HIS ~NDQF2SEMFN7 CNAiUGF5 `Y'IiE POLICY. PI_~ASF FtSAD I'T CAE2~FULLY.
~°EXA~ ~FIAN~ES ~ AMEN®IVlENT ~F ~ANCELLA~°6®N
~f~®1PI~1®N~ ®R C®i/'ERAt3E ChIAN(~E
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or restricts. the insurance afforded by this Coverage
Part, we agree to mail prior written notice of cancellation or material change to:
5CHEDULC
1. Name: s>::r 131'sld)W
2. Address:
,,
v -
3. Number of days advance notice: 30 *.k
Information required to complete this Schedule, if nol shown above, will be shown in the Declarations.
* ANY CERTIFICA'PE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED
INSURED.
TO HE ADDED AS AN ADAITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY
CERTIFICATES ARE ON FILE WITH YOUR AGENT.
** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM
\ J 9 ~.
finrA~ ~
Jat~;khi v K
rte. no nc wn n. ... ~...~ .-. ........ _.
'I'F, 02 02A
CANCI?LLA'1'ION YI2OVISION OR COVERAGE CHANGE' LNllOI2SEMENT
Phis endorsement modifies insurance provided under the following:
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below:
Tnndorsement I'sffectivc Policy Number
] 2/31/07 I3AP563C217
Named Tnsureci ~w ; / ~ ` ~~
Malek
Inc Countersigned b~s,.~.}`~~° ~s; ,~~r='~
,
.
(Authorized Representative)
d
TITTRT'Y (30) days before this policy is canceled or materially changed to reduce or restrict coverage:
we will mail notice of the cancellation or change to:
City of Corpus Christi
Dept. Of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, TX 78469-9277
Authorized Representative:
J
Name (Printed): R. M. Lee
Title (Printed): Managing Partner
FORM TE 02 U2A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
J HUSINESS AUTO COVERAGT
NORM
GARA(:E COVERAGE FORM
TRUCKERSCOVERAGF.
FORM
Texas Standard Automobile
Endorsement
(Ed. Et'fective 3192)
WORKIRS COMPFNSA`I'iON ANT) EMI'LOYEI2S i,IABII,I'i'Y INSURANCE' POLICY WC 42 06 Ol
(CD. 7-85)
TEXAS NO'fK:Ii UP MATIi121A1, Ca-IANCiE ENDO125EMEN'I'
'fhis endorsement applies only to the insurance provided by the policy because "1"exas is shown in
item 3.A. of the ]nfonnation Page.
in the event of cance]lation or odrer material change of the policy, we will mail advance notice to the
person or organisation named in the Schedule. 1'hc number of days advance notice is shown in the
Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not nvned in the Schedule.
Schedule
Number of days advance notice: 30 /
2. Notice will be mailed to:
City of Corpus Christi
llepartmenl of 1?ngineering Services
Attn: Contract Administrator
P O Box J277
Corpus Christi, "1'X 78469-9277
This endorsement changes the policy to which it is attached and is efTcctive on the date issued unless
otherwise stated. (The information below is required only when this endorsement is issued subsequent to
preparation of the policy.)
Indorsement Effective: 12/31/U7
Insured Malek, Inc.
Insurance Company
WC 420601
Policy No. TSF0001139713 Endorsement No. 3
Countersigned
By:
I'remnrm .• 9, ,
>~, .,,
,~ ~i~-Y
Narnc {Printed): R. M. Lee
(Gd. 7-84) 'T'itle (Printed): Managing Partner
tai WORKERS' COMPENSATION ANO EMPLOYERS
LIABILITY INSURANGE POLICY
vuc a2 os oa a
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable far an injwy covered by ibis policy. We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operaiiorts described in the Schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone riot named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization
( X) Blanket Waiver
Any person or organization for whom the Narnetl Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL TEXAS OPERATIONS
3. Premium
The premium charge for this endorsement shall be_._. 2...0.0_ percent of the premium developed on payroll in
connection with work pertotmed for the above person(s) or organization(s) arising out of the operations described.
4. AdvancePrernium INCLUDED, SEE INFORMATION PAGE,
This endorsement changes the policy to which it is a0ached effective on the inception date of the policy unless a digerent dale is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
Phis endorsement, effective on
at 72:01 A.M. standard time, forms a part of
PoliryNo. TSF-0001139713 20071231 of the Texas MutuallnsuranceCompany
Issued to MAL EK I NC -
Endorsement No.A
Premium 3 /PS.~ '~'~"~ (J~
Authorized Representative
WC420704A (E0. 1~Ot-2000)
nrcr.,r ~ c rnov rr_onncr n io_oa_onn~