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HomeMy WebLinkAboutC2008-357 - 9/10/2008 - NA2008-357 09/10/08 Malek, Inc. S P E C I A L P R O V I S I L .. ., 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 CORPUS CHRISTI-NUECES COUNTY HEALTH CLINIC BSL LAB REPLACEMENT OF AIR HANDLING UNIT C-6 4 S~ Patterson Engineers, Inc. 723 N. Upper Broadway, Ste 400 Corpus Christi, Texas 78401 FOR DEPARTMENT OF ENGINEERING SERVICES "~ CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT N0: 5234 RECORD DRAWING N0. PIIG-T33 ~„h~ Z3{zo~g (Revised 7/5/00) Corpus Christi-Nueces County Health Clinic BSL Lab Replacement of Air Handling Unit C-6 Project No. 5234 Table of Contents NOTICE TO. BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting ' A-2 Definitions and Abbreviations A-3 ~ Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 ~ WorkersCompensation 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 Disposal/Salvage of Materials l..l /1LL:.~..` ,., }_7_r~„-~-~~„ Not Used A-18 Schedule and Sequence of Construction -• ~~,ti+^~ Not Used A-20 Testing and Certification ~~ n-----^+~ ~~s Not Used A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-29 Surety Bonds -~-~•• m...• ~_••^_~^^'-~--~ NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "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 ~ ~ L '~~• ~~~ ^"'-v" Not Used A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities ..r .. ^l n - -a ~~^,~ *^ Not Used A-90 Amendment to Section B-8-6: Partial Estimates *-^' ^--^^ *-'••'^^°u-Not Used A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-49 Change Orders (9/26/99) A-95 As-Built Dimensions and Drawings (7/5/00) -Not Used 97 ,-....,^r^~^r.. ^----.._..:,..... ,,,~,~~~ Not Used A-98 Overhead Electrical Wires (7/5/00) A-49 Amend."Maintenance Guaranty" (8/29/00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS Section 15010 Mechanical GeneralConditions Section 15020 Starting of HVAC Systems Section 15030 Mechanical Demolition Section 15058 Access Doors Section 15060 Hangers and Supports Section 15075 Mechanical Identification Section 15080 Mechanical Insulation Section 15120 Piping Specialties - Hydronic Systems Section 15180 Heating, Cooling and Equipment Drain Piping Section 15185 Chemical Water Treatment Equipment Section 15720 Air Handling Unit Section 15810 bucts Section 15820 Duct Accessories Section 15860 Air Cleaning Devices Section 15990 - Testing, Adjusting, and Balancing Section 16010 Special Provisions for Electrical Work Section 16100 Access Doors Section 16110 Raceways Section 16111 - Conduit and Fittings Section 16120 Wire and Cable - 600 Volts and Under Section 16131 Junction and Pull Boxes Section 16134 Outlet Boxes Section 16190 Wiring Devices Section 16150 Motors, Controllers, and Electric Powered Equipment Section 16170 Disconnect Switches _ Section 16190 Supporting Devices Section 16950 Grounding Section 16976 Fuses Section 16501 Lighting Fixtures Section 16603 Empty Aaceway Systems Section 16910 Temperature Controls .. LIST OE DRAWINGS T-1 Title Sheet M-1 HVAC Plans M-2 HVAC Plans and Details M-3 HVAC Schedule and Details E-1 Electrical Notes and Symbols E-2 Electrical Plan, Schedules, and Details S-1 Structural Plan and Details A-1 Architectural Plan and Details NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT .__ PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Corpus Christi - Nuecea County Health Clinic BSL Lab Replacement of Air Handling IInit C-6 "Project"; consists of the following: Base Bid. includes the demolition and replacement of ceilings, the installation of a seamless epoxy resin floor coating, repair of wall surfaces, demolition and replacement of Air Handling Unit C-6, new AHU structural support, roof cutting and patching, piping and ductwork, insulation, controls, electrical lighting and power, testing, adjusting, and balancing; Additive Alternate 1 includes testing, adjusting and balancing of all existing HVAC systems in Laboratory Wing C; Additive Alternate 2 includes standalone direct digital controls for AHU C-6; in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on July 16, 2008 and then publicly opened and read. 'Any bid received after closing time will be returned unopened. _ A pre-bid meeting is scheduled for July 9 2006 at 10:00 a.m., 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`•k 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°s bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract .documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevdil 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 R. Stowers Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations _ 6. Hazazd 7. ConhactualInsurance S. Broad Fonn Property Damage 9. Independent Contractors 10. Personal Injury 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/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ^ REQUIRED Not limited to sudden & accidental dischazge; [o include Q NOT REQUIRED long-tem environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 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 worker's 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. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-I 1 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Shoald you have any questions regarding tnsurance requirements, please contact the Contract Administrator of 8804500. Page 2 of 2 NOTICE TO CONTRACTORS - B _ NOTICE TO CONTRACTORS - B WORfCER' S CO:PE:vSATION COVERAGE FOR BUILDING Gic CCNSTRIICTION PROJECTS FOR GCVE:cNMENT ENTITIES '^exas,- law requires that :.,ost contractors, subc cYt construction others providing work or serv'_ces for a City building prc;ect must be covered by worker's compensation insures^ce, authorized self-i'surance, or an approved worker's compensat_ca coverage agree^.:eat . Even if- Texas law does not require a contractor, subcontractor or others performing project .services (including deliveries to the job sitei ~o provide 1 of the 3 forms of worker's compensation coverage, the C_ty will require such coverage for all individuals providing work or sar:~ices ' uaranty peroiodct:•4otoracarriers which Dare requiredtto mai: ~_:-ante g r_ e regis~er with the Texas Depa_~r._nt of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurneed notep?ovide dl of the 3 formsSCatWOrkerrslcompens tion ecoverage(Oi The Contractor agrees to comply with all applicable of Texas Administrative Code title 28, Section 110.0 lect whit:. is attached and deemed i.^.corporated into the pr j Please note that under secticn 110.110: 1 certain language .~•ust be Contract with the City and subcontractors and others Project; provisions a copy of contract. included in the Contractor's the Contractor's contracts with providing services for the ~, the Contractor _s required to submit ~o the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and sub do rig athe certificates showing extension of coverag Project; and 3, the Contractor is required to post the recuired notice at the job site. By s=gning this Contract, the Contractor certifies that_= will timely compl., with these Notice to Contractors "B" requirements... NOSI~~~Revisea ~1 ~17~98~ B Page 1 of 7 8/7199 Title S. LySt~R~\CL Part II. TE1.4S ~S'ORJ~ERS' CO?~SPE`ISATIO\' COviIYfISSIO\ Chapter 110. REQtiLRED ~'OTICES OF COVERAGE Subchapter B. E14PLOYER tiOTICES . 3kC 1 ..: C ~ 110.110 Reportins Reeuirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shill have the following meanings, unless the contex[ clearly indicates otherwise. Terms not defined in this rule shall have the meaning de5ned in the Texas Labor Code, if so de5ned. (1) Certincate of cove:zge (ce.^.inca-te.1- =coot' of a certifcate of ~~sur..nce, x certificate of authority to self-insure issued by the commission, cr a workers' compensation coverage agreement (TWCC-S I, TWCC-S2, TWCC-S3, or TWCC-S4), showing statutory workers' compensation insurance coverage £or the person's or entit}~s employees (inciuaing those subject to x coverage agreement) providine services on a project, for rite duration of the project. ()() (2) Building or construction-rigs tre meaning defined in the Texas Labor Code, § 406.096 e 1 . (3) Contactor-A person bidding for or awazded 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 agree^ent on form I~VCC-S1, form TWCC-S2, form TWCC-S3, or form TWCC-34, 51ed with the Te.'cu Workers' Compensation Commission which establish~ant to relationship between the parries for purposes of the Texas Workers' Compensation Act, p~ 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 his been completed and accepted by the govem~[tental entity. „ . «ith the (7) Persons Grovidine se^.~ces on the project ("subcontractoof this se uon, includes all persons or exception of persons excluded under subsections (h) and (i) entities pe:iotmine all or part of the services the contractor has undertaken to perform on the projec, reeazdiess ofwhether [hat person contraced directly with the contractor and regardlesssob~ne~~ors. that person has employees. This includes but is not limited to independent contract orr employes of leasing comeatties, motor carriers, owner-operators, employees of any such entity, anv entirv fcrnis'ning persons to perform se.~vices on the project. "Services" includes but is no[ Itat[ted aortce ro CONTMCTORS - 0 8i7/9s RCVlsetl 1/13/981 http:i/vnvw.ses.sute.r.:.us/tac/23/II/1 iOB/110.110.htttil page s °f 28 T~.C :..:.;:, Paee 2 c; ti to prrcics, zahng, or deF•:erinz ecuiomen: cr -z:erais, er cro:iding labor, :ransce-z:icn. or oche: sen;ce :eis:ed :o a project. "Services" does not is:=i;:de actintit:es un:eiated to the prole ~. s::ch zs foocbecerz~e •:endors, otyce supply deliveries, zr.d delivery of porizble toilets. (8) Prcie~ -[r,cludes the erc:ision of all se.~vices rein:ed to a building or construction co-trzet for a goveT ~e ::zE eadty. (b) Pro:idins or causing to be provided a cerrificz:e of coveraee pursuant to this rule is z represe.^.tY:iaa by the insured :hat all employees et ~e insured wbo aze providing services en the projec, a.~e covered by workers' compensation coverzze, that the coverage is based on proper reporting of classification codes and payroll amour.:s, and that aL coverage agreements have been filed with t<he appropriate insurance carrier or, in the case of aself-insured, with the comtnissiods Division of Sell-Insura.:ce Reguiatior Providing false or tnisiezding certincates of coverage, or failing to provide or r :zintain required coverage, or failing to report any c:.ange that materially aiie^s the provisionoi coverage may rubject the conractor or other person providing services on the project to adminisc,~t::•e eenalties, c.~iminal penalties, civil penalties, or other civil actions. (c) A eovem.^ental entity v-:at enters into a building or construction contract on a project shall: (1) include ir. tae bid specificatioru, all the provisiors of paragraph (~ of this subsectie0. using the language required by paragraph (7). of this subsecion; (2) as pan o: v'te conuact, using the language requited by pazag<zoh (7) of this subsection, require d:e contractor to perform as required in subsection (d) of this section; (3) obtain ~cm the contractor a certificate of eoverzge for each person providing services on the project, prior to that person beginning work on the project; (4) obtain frem the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the a:rrent coverage period, ifthe contracor's cirrtent certificate of coverage shows that the coverage pe.^:od ends during the duration of the proiecc and (B) no later Lt• n seven days titter the expiation of the coveraee for each other person proviaing services on the project whose current certificate shows that the coverage period ends during the duration of tae project; (5) retain certificates of coverage on file for the duration of the project and for three yeazs therea@er, (6) provide i copy of the cerificates of coverage to the commission upon request and to any person entitled :e them by law; and (7) use the Iz::suage contained in the following Fieure 1 for bid specifications and conuacs. •xithout any additionzi words or changes, except those required to accommoaate the specific document in which they zre contained or to impose stricter standards of docu::tentation: T28S ] 10.110(c)(7) tbl nortcs ro conrrucrcas - a Revised 1/1]/981 Page 3 of 7 8/7/Cg http://~vw. sos.stzte.tx.us/tac'~8/II/1108/110.110.httnl ~5 T.aC 110.1 I0 ~) A contractor shall: Page .i of 6 i) provide coverage for its empieyees croviding services on a project f~: r::e duration of the project used on proper reporine of clazsi=.ca::on codes and pa}TOil amounts arr. Y :g of any coverage ~geements; .;21 provide a certific2ce of coverage showing workers' compensation coverage to the governmental entity prior•to beginning work on i^.e project; (3) provide the gove.~mnental enir:, p.^:or to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the covera¢e period shown on tl:e con[ractor's cuttent certificate of coverage ends during t:^.e duration of the project; (4) obtain from each aerson providing services on a project, and. provide to tae governmental entity: (A} a certificate of coverage, prior to that person beginning work on the eroject, so the governmental entity will have on file certificates of coverage showing coverage for all-persons providing services on ::.e project; and (ii) no later than seven days after receipt by the contractor, a new certificzte of coverage showiira 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 o: coverage on file for the duration of the project and far one year thereafter, (6) notify the governmental entity in writing by cerufied mail or persona! delivery, within ten days after the eontracor knew or should have 'mown, of any change that materially aiiects 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 zre required to be covered, and statine how a person may verify current coverage and report failure to provide coverge. This notice does not satisfy other posting requiremenu imposed by the Actor other commission rule. This notice must be printed with a title in at least 30 point bold type and text is at least 19 point normal type, and shall be is both English and Spanish and any other language common to the worker popularioa The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIItEA WORKERS' COMPE*ISATION COVERAGE "The law requires that each person woridng on this site or providing services related to this construction project must be covered by workers' compensation insurance. %~s 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 5121140-3789 to receive infomtation on the legal requirement for coverage, to verily whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." NOitCRevisedNi/1]/981 - e 8/7/98 http:!/www.sos.state.tx-us/tad28/I7/IIOB/1I0.110.htm1 eno~ ~ ~_ ~ Matte 4 of 6 ?STr.C ii^v.110 (8) ccraracmaily req::ire °sca per son with «'b.ot ~ conuxcs :o pro~tde sen~ecs e:: a project to: (A) provide coverage hued on proper reporting of classification codes and oavroii zr.:ounts and filing of any coverage aeree:ners for air of its employees providing services en the proie_^., ter the duration of the project; (B) pro~iae,a certificate of coveraee to the contractor prior to thaz person beginni:.g •::ork on the projeaz; ()( ) (C) inciuce in alI conuaes to provide services cr. the project :rte languaee in subsec:icn e 3 of this section; (D) provide the contrzcor, prior :o the end of ;:.e coverage period, a new certificate of coverage showing e:ctension of coverace, if the coveraee period shown on the current cerrificate of coverage ends during the duration of the project; (E) obtain ii•om each other person with whom is contracts, and nr ovide to the contsac:or: O a certificate of coverage, prior to the other person beginting work on the proje^; ~^.d (ti) prior to the end of the coveraee period, a rew certificate of coverage showing erersion of the coverage period, if the coveraee period shown on the current ce:-rificate of coverage ends during the duration of the project; (F') retain all required certificates of coverage on nle for the duration of the project a^.d for one yeaz ... thereafter, (G) notify the govemmertal entity in writing by certifihang that materially affects tre P °"sion of after the person knew or should have known, of aay coveraee of any person providing services on the project; and (Ti) connactually require e^ch other person with whom it conuacs, to perform as required by yubpaz-anraphs (A)-(H) of this paragraph, v`^th the certificate of coverage to be provided Lo the person for whom they aze 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 amounu and 51ing of any coverage agree menu; .. (2) provide a certificate of coverage as required by its conuact to provide services en the project, prior to beginning work on the project; (3) have the following language in iu contract to provide services on the projeerson sisming~hiss contract or providing or causing to be provided.a certificate of coveraee, the p contras, is representing to the governmental entity that all employees of the person sigtting this conuac: who will provide services on the project will be covered by workers' comperuation coveraee NOTICE TO CONTRACTORS ~ 0 Aevlsetl 1/!3/901 8/7/98 http://~,,-.vw.sos.state.tx.us/tad23/II/1108/110.110.htrttl Page s =c ~ rage ~ of o ,.a ~-.., ,.~.<<~ for .e dcrarion ot" t.e oioiect, that the cc ~ erase will be bzsed on proper reportine of classification codes zrd payroll z::.ounts, and that all coverzge zgreemer::s •~viil be filed with the zporopriate insures:ce ezrrier or, ::. the case of a self-irsurea, with the commission's Division ofSelf-Insurance Reeuiztion. Proviaine false or misleading information may subject the contactor to administrative penzi;:es, criminal penalties, civil penalties, or other civil ac::ons." (4) provide the person for whom it is providing services on the project, prior to the end of the coverzge period shown on its cuaent cetificate of coverzge, a new certificate showing extension of coverzge, ifthe coverage period shown oa the certificate et 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 ota`ter person beginning work on the project; and (B) prior to the end of the coverage perio4 a new certificate of cdverage showing extension of the coverzge period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certincates of coverage oa file for the duration of the project and for one year thereafter, (7) notify the goverttrnentaI entity in writing by certified mail or personal delivery, of nay change that materially affects the provision of coverage of any person providing services on the project and send the nonce within ten days after. the person I.~-tew or should have known of the change; and (8) contractually require each other person with whom it contracss to: (A) provide wverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its entployeas providing services oa the project, for the duration ofthe project; (B) provide a certificate of coverage to it prior to that other person beginning wock on the project; (C) include in all contracts to provide service oa the project the language in paragraph (3) of this subsectioq (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 durine the duration ei 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 beanning work on the project; and (u) prior to the end of the coverage period, a new certificate of coverage showine extension of the coverzge period, if the coverage period shown on the current certificate of coverage sans during the NOTICE TO CONTRACTORS - 9 g/7/98 http://www.sos.state.rc.us/tad28/IT/1108/110.110.htm1 A~„1,ea ril~ive> Page 6 of 7 Page 6 of 6 _s t,~~ t tu. t to duration of tae contras.: (F) retain ail required Geri :.a:es of coverage on nle for the duration o: ti•.e project and for one yeaz thereafter, (G) notify the governmental eadry in writing by certifie3 mail or personzi delivery, within ten days after the person Irnew or should have known, of any change that mate.^.auy afFac[s the provision of coverage of any person providing services on the project; and (Ii) contractually reouire each Gerson with whom it conu.acts`w~ tpltee certi5cat ouf coveragesto be subparagraph and subparagraphs (A)-(G) of this paragraph, provided to the person for whom they aze providing services. (~ If any provision of this rule or its application to any person or cira:rttstance is held invalid, the invalidity does not affect other provisions or applications of this Wile 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 adve ~'sed for bid b c coonsatt~ction entity on or after September 1, 1994. This rule is also applicable for those building contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this Wile does not apply to motor cariers who aze required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental itsurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4G). _ (i) The coverage requirement in'this rule does no 406.097 c o and who aze exp~tly excluded frome officers who meet the requirements of 406.097 a as added by House Bt71 1089, 74th Legislattue, coverage in accordance with the Act, § ~) ~ orate executive 1995, § 1.20). This subsection applies otily to sole proprietors, partners, and-core officers who aze excluded from coverage in an insurance policy or certificate of authority to self-ittsure that is delivered, issued for delivery, or renewed on or after January 1, 1996.. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective 2~Iovember 6, 1995, 20 TexReg 8609. Return to Section Index NOTSCE TO CONTRACTORS - B Revised 1/13/981 g/7/98 http://www.sos.state.tx.usitad28/IU110B/IIO.110.html cave ~ °e ~ PART A SPECIAL PROVISIONS CORPIIS CHRISTI-NIIECSS COIINTY HBALTH CLINIC BSL LAS RSPLACSMBNT OF AIR HANDLING IINIT C-6 PROJECT NO. 5234 SBCTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Sid Meetia Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, July 16, 2008. Proposals mailed->should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: SID PROPOSAL - CORPIIS CHRISTI-NII8C85 COIINTY 88ALTH CLINIC BSL LAB RHPLACEMSNT OF AIR HANDLING i7NIT C-6 PROJHCT NO. 5234 A pre-bid meeting will be held on July 9, 2008, beginning at 10:00 am. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project Corpus Christi - Nuecea County Health Clinic BSL Lab Replacement of Air Handling IInit C-6 "Project"; consists of the following: Base Bid includes the demolition and replacement of ceilings, the installation of a seamless epoxy resin floor coating, repair 'of wall surfaces, demolition and replacement of Air Handling Unit C-6, new AHU structural support,. roof cutting and patching, piping and ductwork, insulation, controls, electrical lighting and power, testing, adjusting, and balancing; an Additive Alternate Bid Number 1 includes testing, adjusting and balancing of all existing HVAC Systems in Laboratory Wing C; an Additive Alternate Bid Number 2 includes standalone direct digital controls for AHU C- 6, all in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid, or - 2. Total Hase Bid plus Additive Alternate No. 1, or 3. Total Base Bid plus Additive Alternate No. 1 and 2. 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?c Bid Bond ~ BSL LAB RBPL as identified in the ITY HHALTH CLIN] 5234 (A Cashier's Check, certified check, money order or bank draft from any State or National Bank 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 75 calendar days. The Contractor shall commence work within ten (10) calendar days after 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. A-7 Workers Compeaaatioa'Iasuraace 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. _ Sectioa A - SP (Revised 12/15/04) Page 2 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 Contraction. I~3 ease- =~`_ Mininnrm Prevailing Wage Scales The Corpus Christi City Council hasdeteimined the general prevailiry m;n;m,m, hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and arty subcontractor must rot pay less than the specified wage rates to all laborers, workmen, and mechanics e~loyed by them in the execution of the Contract. The Contractor or subcontractor sUall forfeit sixty dollars ($60.00) per raia„~,- day, or portion thereof, for each laborer, workman, or mechanic alloyed, if such person is paid less than the specified rates far the classification of work performed. The Contractar and each subc~tractar must keep an accurate record showirxJ the names and classifications of all laborers, wor)anen, and mechanics eng~loyed by then in cormection with the Project aril showing the actual wages paid to each worker. .- The Contractor will make bi-weekly certified payroll sutmittals to the City ~n~r. The Contractor will also obtain dies of such certified payrolls fran all subcontractors aryl others working on the Project. These doc~anents will also be submitted to. the City Ertgisu?es bi-weekly. (See section for hlinority/Mirsority Business Enterprise Participation rolicy for additional requiranents concerning the propP-r form and content of the payroll sulanittals.) One and one-half (1~ times the specified hourly wage cm~st be paid for all hours worked in excess of 40 hours in any one week and for all hears worked on Sundays or holidays. (See Secti~r B-1-1, Definition of Terms, and Secticn B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public anti private agencies with facilities operating within the limits of the Project. The 0.~,ntractor shall provide a forty-eight (46) hour entice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800- 483-6279. Fbr the Contractor's convenience, the following telephone rnmd7er5~are listed. City Engineer 826-3500 prpj~t ~' rarr 882-0601 Joseph C. Hammitt, P.E. Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 (826-3140 after hours) Wastewater Department - 826-1818 (826-3140 after hours) " Gas Department 885-6900 (885-6900 after hours) Section A - SP (Aevieed 12/15/04) Page 3 of 22 Storm Water Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 AEP 299-4833 (361/693-9444 after hours) SBC / AT & T 881-2511 (800-624-4424,af ter hours) Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624 CenturyTel 225/214-1169 (225/229-3202 (M) ChoiceCOm (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0956 (Mobile) Hrooks Fiber Optic (MAN) 972/753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, t}le.accuracy and completeness of such information is not aranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In -the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Coatrol 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 Section A - SP (Revised 12/15/04) Page 4 of 22 Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the- adjoining streets free of tracked and/or spilled materials going to or from the construction area. Eand 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 Hxcavation 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 IISED f2& egaare €ee6-~••seable-epaee. '^'-~ ~,_,a .,F~:.._ _ ..,. - --_,,:«:,...,,., least 3B' 3c-66 a~ t-we-(~''~---`airs. ~C~~rae~~sk:~ll-mom--Eke €ielQ The €£eld~€€ie~-ast~~€u~n#s33ed~rith a ~e~eP:ene~w~"- ^^ ''-..° a~.. ~...s..~~r;~9 eei _-~--~-maehine--paid €er b} the Eentraete~.~--~~'s--:=a A-18 Schedule and Sequence o£ Construction - The Contractor shall submit to the City Engineer a work plan based only on crwsrtDAR days. This plan must detail the schedule of work and must be Section A - SP (Revised 12/15/04) Page 5 of 22 submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. 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 NOT.US~D _, _..,._ __-a...._ ~~ -1 P'-t Hut net neeessa~• °nelnde lines tt ma~3es, Hasel3nes, ete Hat are-:~;.,~7~ ...i , ..4 n4 i.F •M i e. .a l~~c R^ C J .....1 .. ...i / n \ L...-...L. ...1... ...viler ' l l Section A - SP (Revised 12/15/04) Page 6 of 22 I -l .. C 4M.. .-1- he ~ ~' er e€e~es a all valves and m-n3te~es '--" ..F .. /.....«4 ..F ...F......._... _.4 r -_...._... .......... ____ ____ ________ __ r__.__ .._ ,.,-..~......r,l,..__.,, __ ..____...___...___ • E'~x~b and gu€te~' €lew }iee bet-t3-eides~€-sweet-era-2&A' • SESees e~ewns en a 206 ..._ ..4 __._ 4 ~T l l ... / 2 ........_4 .. 1 ....- 4 J ....... ..L.. ..1 .. ... ~. /4 ..F .. «.i'F u : l.... l ..\ /TVnIIT .....i Sf0 -. :4..\ .. .u . 7 ...,..... ~. a...uv \r 1 / I C ...i Fl l \ / .i \ J c C•C C I • /~~. e.: .... e.1 ~..-4i ...... I4.~.« ..F ~ «.i Fl.... l: .~.\ /TVT/1T -....i TlL n :4..\ A-20 Teatinq 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 IISED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 1o/9S) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A - SP (Revised 12/15/04) Page 7 of 22 b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Bispanic origin, American Indians, Alaskan Natives, and Asians or Pacific islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority - business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets ~or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, 'at least 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 51.0% or more of the total profits, bonuses, dividends, interest .payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests 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 Section A - SP (Revised 12/15/04) Page 8 of 22 a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.0 of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: . Minority Participation Minority Susiaess Enterprise (Percent) Participation (Percent) 45 +k 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of Riinority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. 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 Honda Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest Section A - SP (Revleed 12/15/09) Page 9 0£ 22 in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurers) 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 Hoard 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 Salsa Tax Exemption NOT IISSD F _l,_..; -.... ..,...4:4..4 ..., l: 41n.~..-....F - . ... 4 e _ n __ _ _ _ _ _ ~ _ _ .. __ seer} 3 ~9~ € E Y 3 h t °.,^:- ~ ^F .";"° ' " °..' '': _F en e `r T ~ d } } t , ag e~ t# 8 d :_L _~,., ._ _.., __ ,..., _4 :..^.. .. te e~eas t m n e } X14_ - LL_ -_ "--t}€ } ve ~a e __ _ th e _~_ l .. _ aee en a i t e` Fr.....~lad C4_ the -- ...~ _F 4 _l l _ _,_ _ _., n y- ©t~ Eh e agp~eg - 41.. g ~ a e _, F.. 4,.^ ~ea4__„~_ ..,~«.. _, .. r,. y.. _, ,. te~ a~ges 41. ..F _4e. n; ,l _ - e . .1+..4_..4;_ _ 4 1.. ....] _... _ ..l .n4 ..~_ ..4 1... t - € ll S a S # ^~ "^ mas ~ t~ ei• a S b t ' tee es, l} #b se, _,_ € rr -_e em 4;^^^ ~F 41_ ....,.,._^4__..4 .,_ tt eent~ae e e~s a~ e g a e~ p _l_ :F; .. L:.. .~1: , , Section A - SP (Revised 12/15/04) Page 30 of 22 A-26 Supplemental insurance Reciuirementa 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.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within- thirty- (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. - Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in' the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the - Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs 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 Claima Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Section A - SP (Revised 12/15/04) Page 11 of 22 Contractor must provide installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28Conaiderations for Contract Award sad 8xecutioa 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: 2. 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 Fie18 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 perfoxmed. 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 .l2/15/04) Page 12 of 22 Such written approval of field administration staff is a prerequisite to the City $ngineer'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: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not ... clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor-will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. 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 - SP (Revised 12/15/04) Page 13 of 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) sad Title(s) of individual(s) authorized to execute contracts oa behalf of said entity. A-31 Amended Policy ca Sxtra Work and Chance Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor aclmowledgea that the City has no obligation to pay for any extra avrk for which a change order has not been signed by -the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council.- A-32 Amended^Hxecutioa of Contract" Reauirements 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-Hid Meeting referred to is 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 fridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - aP (Revised 12/15/04) Page 14 of 22 A-35 City Water Facilities: Special Requiremeata (NOT IISBD) ~ arr 6i€ w P i t € i ; ater €ae~~it • ~ y ~a } ~ e~ e-p2~ a~m ag wo= -a _.... ,.F s~raete~ ki ®eer~~raetar~ E - } ; ~s.,,:v m..,,...e,. _ ..~ , e , s s L _.... _ LL..: .. ~ .,,: a ..a ,..~: F.. i.... L L.:.- ~ .,..,a., _.... _ f' l P - V#siE te~ s ~tix nt Pe~ee ~1 i ~ ~ e~ ~Een€~ae~e~-~ ¢ . ~. . ~ ~y a eg a e ~~~~o~=a~~ ~ t €i P 9 € ' ~ ~::~ ~:~ ~ .... ea ea- rig-~am~ ~ a- r ~ ^ __ .... i ~.._ r C F .. ~_1 ~______ __ ~ L F ~...._.~ ...~.,~a ____ 1 4 l °" t ased in i d 6he-ae ai~ reaosexu l - mate~ a gmen s an e~ g y - inee eentaeE 6}eatal 6tand Bt # A sri6h~eea~le a~ds vate~ - _ ~.._~ _, P n ~m mer e n a /t v\ [.f..a-..a a.........2 L..a 4L.. ...a.....a 0....... : Ff .... 4_i ~..e~_ E3t~~Bi3E~'aeEet 5, ~e een€a'ned a€ all €imes at €~xe a TT r Section A - SP (Revised 12/15/04) Page 15 of 22 F Een€sae~e~1s- e~•eexx32s i€ la a • }i ` : . g ~~ khan e~•an e b}ne er w} i€ ea~ ee a m re - ~= $ s€ § } ~Fa a-a ems ~e - € g , , t e. e E~ ~.._.. €e3- seta}}-- >=ev}d ~ } ae egee~ ax~n emg L F...n -E € ~ mus -gr~av } =z ~ e a @ n7 ....« ~.~7 ....A.. ..r eP~:,es-ro= ea rae s l -L.7 .. c.. ~. n.... a. ~... . ~~e~ee~e .. a...... iI Ai } h ~}} b ~ ') ee ~ P4 M^^a,.. 4 ~ ~ wrP4 1...... L,...:a-.. . E I3.j ett~s w e . ei: . . i Ee €-rae€er--mtxsE-rro~- - ~ ., e :: ~r m ~€ #}iE~ € Ei€ s -- ~az . n ass an} d ~4}} 6 €• a E ~ ~ i } h ~s ae } aee g i ~ 3 d ~ a . ~.~ s € d- t€ . en s e e~ t e t e ee-mus es q-aa - e-ga-r- Fe -a - e -a e~ ...1. 41.. ..4.. ... l... r...a . .a ..4.~...1 n4e ... nt d •€ i ~-b ~- ~}a r a} a}~€t ns ~i } €h~rl 9 ~e}ew ~a _s- e ez~t w One} -l ae } i tt~}es ~tt aee t #s d te ~~}4 et ea e med m€~ed £e i€iea~ien^ -a ----~ ^ sr e L'- -- , --} l } €•• , 'n i 3 s € , te i-}-in - ' 9 ~ammi x ee n etas€ ens, em~ff}a ~n debn e t nQ, s -_,:1.. }n g, a ..4:...- ..,_.. ~, :~,. F eq • > f g, }} n ~ Q, ~ gg g, €€ en ege•~ a ; r~.-..-.~ ..... _r_ -a a-r - .: f:.... 4 :.. _____~___ waze .... .__. a~ se waae -F- ------ -- ------ --- -~ ....1 -..'1.. } ~~ ..a 4M.. _L~.n ea f 4es .a e and-een~~e3 ---... `_'-- -, ..a L- ...F.. ..a .-L ----• n --..F.. ..L,f --- --• ~.a....4.-.._ 4u -esf-n .~S~l -~,., .. a 4„ q «L_ ....a ..-....1-..: 4.. .. e. .n.~.-. v.~.Y...v - vJ -. -y 4 M.n.... .: .i.-.a :.. Ml.: .. (~-~4v~nn4 -~ ..4 1.. .. ..4 A......:.. F-.- 1......4 C 4 v- -..1.. n.. .,a n.-.. f.~ -.l~s~. -l ..l ...1- 5 41.: .. nr~i rv4 •.L.. l.n e - F v ~l _ r . p--,Pl -4.,a m-ntx€ae€tt~ and-~P}emenEinQ €he e~m -- i € } e~'s b ages en€ ~ ra}n}ng-eenrse }€}e eemgu6e~s, -ff,.a vi€tt}} ~cac - °"".~, .,..a az.o. ~r . -F<~.•v ~s- e u 9 _ :^^ any °~ ns a P o ma n a ~n i Y r Y } • } € # }}~~a€ ram e an~ re €he n, ~e~a ~ , ea ma n a A~ff .-. ~......~..~ _ _ c, n}9~3 e e ~men€ , ~ g W'3t4e('3 }9 €he •• ~ a2 ' ~-~F ~° g c 4he Rla3 E~mHm~ E'ae~}ea' elE~en$ lus...... ... 41.- Section A - SP (Revised 12/15/04) Page 16 of 22 net---p>rae€iea3, -, , __. ..G ....... .: , , L_ ..,, plant-wi~~ be tlaed ~aluaS#ag wh}eh EenS~ae~er--o ..L.._..Y _,.. Y.. a.L.. ... .....L Gi..~-41.: n Tlr~.~iu~M _ Paz-c 9. the Cenzraeter shall--grednee~~€~~le~ blee#s required te-~e:~-Ehe-Dreg=am,.,===y ..~ ..cr'~~a---ara 6f~4£A -system. At:baehe~~s~-a*amp~e e€ the-wed _.i YL... :YL_-.. il_.~~....~...~.i .i...-. _ Fl «;: the-gr~Qramm-ing -,._..,. ...,... ..,,°a -,.s.e..t ..~ .... : -.:a;~' Q-and ss-ra~i~xtended to shew~~~-e€ the regtt#red s3xeete~=.'-~ A-36 Other Submittals 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. 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, a's 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. Section A - SP (Revised 12/15/04) Page 17 of 22 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 2 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 Ameaded "Arrangemeat and Charge for Water Furnished by the City" NOT IISBD 6 or The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance NOT IISBD c} _. A-40 Amendment to Section B-8-6: Partial Bstimates 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 50Cti0II A - SP (Revised 12/15/04) Page 18 of 22 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Adviaoxy NOT IISSD .IIr__i_m3 .... ...i 1...4 _.wi .. ...-M1 ..-... .n ..4 M.n .... ~.....-~.i .]...... C...n •.1.1 i.1. .a ~.° ~°ay•° ~ha°-bec.. ~..~• ,....-,,..~...,_, a ~.,or=1 ~ A }eased, ¢aeeg~t €ea aegai~e. 'f2se-G~b}~gi~leer-will ftst#f3~6entraeter-z"2~6ki~-92eI}e-a~er~. ~~cZ-QEsaj=-ovcn~rzzi.4-io 2~Zacsiczzoecy tine--da}~- W'3~~ Het be .... -.~.,a ...-i. a.... ....a ~~.,. _..~_-,....... .: i ~ i._ .. -pc..~........ a.. A-42 OSHA Rules & Regulations it is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 indemnification k Hold Harmless; text' is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury. or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/OO) (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: Section A - SP (Revised 12/15/04) Page 19 of 22 (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. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (~/5/00) NOT IISSD is th t ~ -n l Si l } . I ~ wi13 b -~€a= nl i - ~ e w dis af et a erT---g -- } y ~}r- ~r 3 -- erl- e~ n Q ` : - i e er ae, e a -a li its €er disehar e rote ibl ~ e ~ wetl d i ~aEea ~ -P~G,:. t- 3 1 iti~ ~- g sa e m mL.._„ - ,...,-«..a L.. - an s~ a i - r e~ru ~ k eaRiea a . eetxt te~~ea } T« ..,,, ~ GE t ~ e. L- ..L,, n,.-«~....«,.r,,. _ e :..:,:4 geae ee s ee -as , e. > , e l alb water ttseEl ~~ mL.: .-.a«L..a. ~e'Teet tk - . ..G a:........~., ..l.n,, he e...ln...:««u~ 4~ ~ t~ ~ ' f . e g TL-..... ..L..l l L.. .. l o - - F..... .i f : ~ l ` f 3e- . j- « c ~~~P~}r' c ' eVa • 3 oF- llz n v s ` ~a J :i. urv~r o ~~I 6ak33~a~' 9EWe~' s stem 9e-t ~ l~ 'J-9 xos xsza a ~_ a<,._.... a ma es . _, _F z zv c cr E ezaa y ,.a _ j zx o } } A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT IISSD prier-~-~-aeasbr~ezian~.~•Late~~tke-g~e~eet, -L-, , - - ...a -~ ..ll _ -_ - -..1 :...... _e «L.. .~. «Y. -.4 .: 4,n...-fn-Feu4__e.F~ __G___ ___ _________~ x_r __ ____ __ ____ ~__~___ _-__ P~ooed~ipeltrlee-~k~~re~ee€-a-..~Centraeter shall serve} €ke~t l -..a L-.nL .. -..4-1 1-..-« ..F ..L ..a ..n4 ~..Mi~.l l.e_ e.e.eiF~i^«~/y -J C 1 J ll~, ,'J_i__^_^_ c C F9~e3Eie€iag--p`igali-F;es-wl}ie3~-rr~llel~nd are~~itkirl tee €ee€-~-~ pregese~~}Pel#nes e€ tke~re~eet, ..L_„ •-`.. ..-a -:.l e3Ei$iiig~t~el ineo~:rt~~'.\aici'~.:dnr-ozP 3-08 €eet e. E'. --'~ -- - -L_„ L- ..a ..l 1...... ,- ..F : a .....1 l..t r.el :..ve.nA - ~ - .-.-... ..-.-r:.. J..-... .... .... .~. _~__ G~_~-__- r_~_-_____ ___ ]nn F-..« n--.«.......4 -L- LL-... ..a ..L....: 4__i4 4n. fl... G...n ..l ..a: _-.. _9 - e€-gipe3~nea e3Eeavate~ and st}rve}ed ae •-ll zs tke -pp--°=mate station €keree€~ E}#staaee to -tke- gavemeat eenterl#ne~n~ .ss... « ..C «L.. ..i e.4 ~ .... .. .., :....... ---•------- -- ---- -=_ -- ---------= G-r------- -s €erEa se eesetauet4ea crer}E e$ E§e~raJ«t~•^~~'--°l' ..~,---` L---- L...... ..... i.. « A Jl ..4w ~•. e. 4....A.. -..l -C r ~ e-= e ..a «L ....1 .......4.....• .. .~4:--- ..L-ll L.. -Ca C-.. .....ii.... « LL- l ..G .~}aL_iw l!~..4v ..«...-~L-.ll - :a.. - ~.. ~+ __ ___~ -.. _. -.._.~1 ..__._ _____- •-_ --~_-_--- .. .. - A-43 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, Section A - SP (Revised 12/15/04) Page 20 0£ 22 etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "'General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended "Prosecution and Progress". Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "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 (Revised 12/15/04) Page 21 of 22 SIIBMITTAL TRANSMITTAL FORM PROJHCT: CORPIIS C$RISTI-NUSCHS COIINTY $HALTH CLINIC SSL LAB RHPLACHMSNT OP AIR $ANDLING IINIT C-6; PROJHCT No 5234 OA'NHR: CITY OF CORPUS CHRISTI BNGINSHR: Joseph C. Hammitt, P.E., Patterson Engineers, Inc. CONTRACTOR: SUBMITTAL DATH: SIIBMITTAL NOMBHR: APPLICAHLH SPHCI: OR DRAWING SUBMITTAL Seotioa A - SP (Revieed la/15/09) Page 2a of as A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 26TH day of AUGUST, 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 $118,930.00 by City and other obligations of City as set out hereih, Contractor will construct and complete certain improvements described as follows: CORPUS CRISTI-NUECES COUNTY HEALTH CLINIC BSL LAB REPLACEMENT OF AIR HANDLING UNIT C-6 PROJECT NO. 5234 (TOTAL BASE SID + ADD.ALTS. 1 & 2: 118,930.00) 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 1 ~ The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 75 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 Sec CITY OF CORPUS CHRISTI Oscar Martine City Mgr. of Public Works and Utilities APPROVED A~S~~TOD"LE/GAL/FORM: By: ~/~~1vufe~~~l//vY~ Asst. City Attorney ATTE (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) Bya~-- /~/ ~~1~ G)~i~ Kevin~~faers, Interim Director of Engineering Services CONTRACTOR Malek, Inc. ~// / ~- Title: L`iCc' P.e~,'~i~F;~ 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 CORPUS CHRISTI-NUECES COUNTY HEALTH CLINIC REPLACEMENT OF AIR HANDLING UNIT C-6 PROJECT NO. 5234 _..~ , DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL PORM PACaS 1 OF 6 P R O P O S A L Place: C.iY~yof W~~us v;aY~ T i Date: 7.16.08 Proposal of a Corporation organized and existing under the laws of the State of ~ka5 OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texaa Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CORPUS CHRISTI-NUECES COUNTY HEALTH CLINIC SSL LAB REPLACEMENT OF AIR HANDLING UNIT C-6 PROJECT NO. 5234 _,,.__. at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: PROPOSAL PORM PAOR 2 OF 6 BID SUMMARY BASE BID: ADDITIVE ALTERNATE NO. 1 ADDITIVE ALTERNATE NO. 2 BASE HID PLUS ADDITIVE ALTERNATE NO. 1 BASE SID PLUS ADDITIVE NO. 1 & 2 $ I ~1,h5o,~~ s a, a3o.o~ s `1,D50. oc~ $ I v g, ~gd, o 0 s ~~ g,`13~.0© PROPOSAL FORM The undersigned hereby declares that he has visited the site and 1as carefully examined the plans, specifications and contract documents :elating to the work covered by his bid or bids, that he agrees to do the vork, and that no representations made by the City are in any sense a varranty 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 Completion: The undersigned agrees to complete the work within 75 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) : l Copes 2nc~do~.o1 _..~, (SEAL - IF BIDDER IS a Corporation) NOTB: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully su mitts Name : fr~n~ /nal~ BY ~ ~ r 1 l /.~..... (SIC~iATIIRE) Address: p0. Sox G7y ~ a531 ~,~yo~ (P.O. Box) (Street) ~'i~pvs C~(ns~ii %X 78yo3 (City) (State) (Zip) Telephone: (36/~ ~• Sa.3r/ (Revised August 2000) PROPOSAL FORM P E R F O R M A N C E B O N D BOND N0. PRF08910483 STATE OF TEXAS ~ COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & 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 AUNDRED EIGHTEEN THOUSAND NINE HUNDRED THIRTY AND NO/100($118,930.00) 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 26TH of AUGUST 20 08 a copy of which is hereto attached and made a part hereof, .for the construction of: CORPUS CRISTI-NUECES COUNTY HEALTA CLINIC BSL LAB REPLACEMENT OF AYR HANDLING UNIT C-6 PROJECT NO. 5234 (TOTAL BASE BID + ADD.ALTS. 1 S 2: 118,930.00) 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 al.l 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 4TH day Of SEPTEMBER ~ 2Q OB PRINCIPAL MALEK, INC. FRANK MALEK, VICE PRESIDENT (Print Name & Title) ATTEST crrr MaTF~ GF(`RFTARV _ (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY COIItdCt Per90n: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS HRISTI. TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Performance Bond must 'not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 COLONIAL AMERICAN CASUALTY & SURETY CO. P A Y M E N T B O N D BOND NO. PRF08910483 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & 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", 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 EIGHTEEN THOUSAND, NINE HUNDRED THIRTY AND NO/100($118,930.00) 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. TAE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 26TH day AUGUST 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CORPUS CRISTI-NUECES COUNTY HEALTH CLINIC BSL LAB REPLACEMENT OF AIR HANDLING UNIT C-6 PROJECT NO. 5234 (TOTAL BASE BID + ADD.ALTS. 1 ~ 2: 118,930.00) 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 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statuY.es 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 4Tx day Of SEPTEMBER 2O 08 ATTEST SUE NALEK, SECRETARY (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. The Resident Agent of the Surety in Nueces County, Texas, for deSivery of notice and service of process is: AgeACy: SWANTNER & GORDON INSURANCE AGENCY COIItdCt Per30A: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI. TEXAS 78463 Phone Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/06) Payment Bond Page 2 of 2 FRANK MALEK, VICE PRESIDENT (Print Name & Title) ._.._. ACORD, CEw2TIFICATE OF LIABILITY INSURANCE OPID MCCO DATE IMWOVnrn) ~---- MAI,EKCl 09 09 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner S Gordon Ins Agcy-CC HOLDER. iH13 CERTIFICATE DOES NOTAMEND EXTEND OR PO Hox 870 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone: 361-883-1711 Fax:361-844-0101 E INSURERS AfFORDING COVERAGE NAICA D INSUR _._...___ INSURER A: SnuNwen VargueN Insuianae Co INSURERR: To%ac Hu Lnal Inennanu Cpr >n ..__ 10925 _....- Malek, Inc. p y -_-_-._._._______--..____.......-_°-.- Attn: Frank Malek wsuRERC: Southern Insurance Companl+ 19216 P O Box 679 -__.._..---------------- -- ...... Corpus Christi TX 78403 INSURER U: INSURFA E' THE PULICIE$ OF WSUMNCE LISTEOOELOW HAVE BEEN ISSUED TO TI1E INSURED NAMED ABOVE FOR THE POLN:V PERIOD INDICATED. H07WITHS7ANDRlG ANY REDUIREMEN7, TERM OR CONUI710N OF' ANY CONTMCT OR OTHER DOCIIN)ENT VATI1 RESPECT TO WHK:IJ TH18 CEHTIFICAT[ NAV BT:ISSUF.O OR MAV PERTAW, THE. INSURANCE AFFORDED RY THE POLICIES DESCRIBED NENENI I$ SUBJECT TO AEI. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE EMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. LTR 8 TYPE OF NKIURANCE POLICY NUMBER DATE MWDDM/ ATE MNIO ~ LIMITS GENERAL LUIBILITY __._ EACH OCCURRENCE " S 1,000,000 A X coMMERCwLCeneRALLMmuTY CMP5636216 J 12/31/07 12/31/03 IIAMAGE~ORENITTT'-.__ PREMISES (EADCCMePCe~ __ a100~000 _ _. _J CLAIMS MADE uOCCUR / d MEU E:(P (Arty orw pager) ---.__....___.__.._.._._. 351000 __ X .._. XCU _.._----,--'_-_._~__.. PERSONM.sAOVwAInT _. 11,000,000 X COntraCtUal Li.ab. GENERALAGGREGp7f: 52 000 000 ..GENE AGGREGATE LIMN'gPPLICSPER: ___ - PRUOUGTS ~COMPfOP AGG ._.___._..__.. _.._._.... 1 , 2,000 OOO h__... rDUCY X LpC ACT Em Ben. 1,000 000 A u raeoBlLE LmBRm C _ X ANVAUTO tl BAP5636217 / 12/31/07 12/31/06 coMaNEDSINGLEUMIT (Ee ecddenp 1 OOO OOO r r ALL OWNED AUTOS / BODILY INJURV '~ SCISiDULC-D AVTO3 N (Pa pm6m) -- S HYtED AUTOS --~--~-- ~ - NONgWNEO AUTOS fl001LY INJURY D'oraWdnMl 3 --__...-._.._~._.. _... PROPERTY DAMAGE ' $ (1 et oeUdPM) GARAGE LUIBIM7Y AUTO ONLY-FAACCnENT 3 ANV AUTO --- ~________-__._ OTHER THAN EAACC ___.._._________.._._... $ AUTO ONLY: AGG S EXCESWIRSBRELtA LNmtltt EACI{OCCURRENCE 5,000 000 C OCCUR CLAIMS MADE __. UMB5636216 ~ 12/31/07 12/31/09 AGGREGATE s5 0001000 . S OEDUCTIBI.E 3 RETEMN)N 310 000 ---.-_ 6 _._-__...__ _"_ B WORKERS COMPENSATN)N AND EAWLOYFJi3'LIABILITY / TSF0001139713 12/3 / X TORY I.ROT$ ER ___ ._.~________._._._.. ANY PROPRIETORIPAgTNEWEXECUTIVE ~/ 1 07 12/31 E.LEACHACCIDF.NT s1000000 LEER E%CLUDEOY Il yos dwaihewldw / E.L. DISEASE-EA EMPLOYEE 31000000 SPECIAL PROVRiK)NS E l _ ~ A ow E.L. DISEASE-POLICY I.WIT S 1000000 OTHER A Equipment Floater CMP5636216 12/31/07 12/31/08 3ch. Equp 150 000 A Installation Fltr CMP5636216 ~ 12/31/07 12/31/0 , Per Occ. 395 000 DE3CRIPTMIN OFOPERA7K)NB / LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVRRONB Project Name: Corpus Christi-Nueces County Health Clinic BSL Lab Replacement / of Air HaTTdling Vnit C-6 Project No.5234 The City o£ Corpus Christi is named as additional insured on all General Liability and all Auto Liability policies. See Eudoraements attached. t nuLUtH CANCELU1710N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO NE EXPIRATION / DATE THEREOF, THE ISSUING INEDRER WRL ENDEAVOR TO MAIL 3O DAYS W/UTTEN City O£ COrpU8 CI1r18t1 ~V// NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, GUT FAILURE TO 0030 SNALL Engineering Services IMPOSE NOOBLIOATION OR LIAmLNY OF ANY HWD UPON THE XJSUREP, ITS AGENTS OR Attn: Contract Administrator P. O. HOX 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 A OgRED RE e~E ~ CORPORATION 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. ~[~Nalek, Inc. fMP5636216 ,/ ~s9dote~~~V 9~u~~.are~V m Vera This endorsement changes the policy. Please read it carefully. 'T'his endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Schedule blame of Person or Organization: * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMEA INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAND INSURER'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 ~., include the person or organization shown in the Commercial General Liability Conditions (Section Schedule, but only with respect to such person's or IV); organization's vicarious liability for your negligent 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 organization. endorsement is primary for the person or organization shown in the Schedule. Oilier insurance afforded to such person or organization will apply as excess and not contribute as primary to the insurance afforded by this endorsement. `~ ~p r l.b KIIU! 1UU3 N. 9ctofl lMaleky Inc. CdN~5636216 '° / t~epublic ~lus~y ~~~a~c~9 ~,i~~i Commercial (ienerat Lrability -Enhancement Endors Titis endorsement changes the policy. Please read ie 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 life endorsement. 1. lttedical Payments Subject to the terms of Section III - Limits of Insurance, the Medical Expense Limit is the higher oL a. $10,D00; or b. The 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 2. Suppleme~ttary Payments Increased Limits Paragraph 1 of Section I - Coverages, Supplementary Payments - Coverages A and 8 is amended as follows: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to wlticlt the Bodily Injury Liability Coverage applies. We 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 any person or organization you are required by a written coniraci, agreement, of permit to name as an insured, but only with respect to "bodily injury" or "property damage" arising out of such person oi• organization's vicarious liability for your negligent acts or omissions committed in the course of your ongoing operations performed for such person a' organization, and excluding any negligent acts or omissions of such person or organization. 4. PIon~Owned Watercraft Exclusion ~. of Section I - Coverages, Coverage A Bodily litfury and Properly Damage does not apply to any watercraft under 51 feet long that is nedher: a. Owned by you; nor b. Being used to carry persons or properly 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 rite following: a. You must see to it that we are notified as soon as practicable of an "occurrence" 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 manayer or risk manager shall have achially received notice. To the extent possible, notice should include: (1) How, when and where rite "occurrence" or offense took place; (2) The names and addresses of any insured persons and witnesses; and (3) The nature and location of any injury or damage arising out of life "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", This insurance does not apply to such person or offense, claim or "suit", solely due to your organization unless rite contract, agreement or reasonable and documented belief that life permit is made prior to when lire "bodily injury" or "property damage" occurs. Ce I20l9 WiilA ~ ~ ( ml•lins G PYnphl"A Mah nnl Wrlif Penm xiun, Pape t nf't hrxuran,A! Servicrs Ollie @falehy Rica r~9P5636216 occupied by you with permission of the owner, arising out of damage" to premises, while rented to any one fire, lightning, explosion or speinkler leakage "occurrence". a. Coverage under this provision is afforded only until the 180x' 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 Subject to all the ierrns of Section III - injury" or "property damage" that Limits of Insurance, the Damages to occurred before you acquired or (armed Premises Rented to You Limit is the ~ the organization; and greater oL• ~ c. Coverage B doss not apply to "personal a. $250,000; or and advertising injury" arising out of an offense committed before you acquired b. The amount shown in the ~' or formed the organization. Declarations for Damages to Premises Ranted to You Limit. 71. Blanket Waiver of Subrogation C. Paragraph 4.b.1.b. of Section IV - Commercial General Liability Conditions is amended to read (h) That is Piro, 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 Injuey and Property Damage is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. 'I'bis exclusion does not apply io "bodily injury" or "property damage" resulting from the use of reasonable Torce to protect persons or property. 1t). Newly t=armed or,4cquired Organizations Section IV -Commercial General Liability Conditions, Item 8. is replaced with: 3. Transfer of Rights of Recovery Against Others to tJs and Blanket Waiver of Subrogation a. ft the. insured has rights to recover all or pars of any payment we have made under Ibis 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 rrs and help us enforce them. b. If required by a written "insured contract" signed prior to ah 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. Paragraph 4. of Section It - Who is an Insured, 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: ~, r.yx - ;,. _ _._ _._ Cn NU25 DUIIA t UIII'Unr. Cnpyi ulhl d M:den 11 vnlh PvnniasiGR PaUr b n13 ~~ InsUUmre Swvires Olfire P9alek, Inc. )3AP5636217 f 1~9a~aket ~,~Ye~~ti®a~~~ ~~~~~~~U This endorsemen4 changes the policy. Please read it carefully. s_~ This endorsement modifies insurance provided under the following: J 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 You are authorized to act for the additional insured addresses of all additional insureds on file with the in all matters pertaining to Ihts insurance. insurer or the agent is an insured, but only with respect to legal responsibility for acts or omissions of We will mail the additional insured notice of any a person for whom Liability Coverage is afforded cancellation of this policy. If the cancellation is by us, under this policy. we will give ten days notice to the additional insured. The additional insured is not required to pay (or any premiums statetl in the policy or earned from the The additional insured will retain any right of policy. Any return premium and any dividend, if recovery as a claimant under this policy. applicable, declared by us shall be paid to you. ,t ~ Y. ,`.I rn Rmdozoz i•;,g~ i ui t [~taleky Inc. BAI'S6362717 r/ ~Y~a~k~~ aiw~~u° ~~ ~u~~® ~~i~u~ "this endorsement changes the poliry. Please read it carefully. .% This endorsomenl modifies insurance provided under the followiny: Business Auto Coverage Forrn Garage Coverage Forrn Truckers Coverage Form Where required by contract, Loss Conditions A.S., .___ ~ ~~ "Transfer of Rights of Recovery Against Others to Us", does not apply if the persons or organizations are on file with the insurer or the agent. !~ ,:, ;~ { " ~ r ;aY' i,i~ r<vvi uzuz Paye 1 0( 1 t~(alek, lnc. `~ POLICY NUMBER: CMI? _iFia621( OU Cf.711fl11flE12CIAl_ GENERAL LIACiILITV GG 02 OS 12 0~ PHIS ERI6nHS~flAEPdT CHAIN(~ES TF4E B~OLICY. ~1..~,4SE V~IFA® IY CAl2fE~ULLY. ~~~v~~o~~s ®~ ~®~~~~~~ ~~~~~~ 'this endorsement modifies insurance provided render the following: COMMERCIAL GENERAL l_IABIt.ITY COVERAGE PART LIQUOR LIABILffY 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: SCHEC7UL,E 1. Name: sPai I3r:LOw 2.. Address: 3. Nwnber of days advance notice: 30 Information required to complete Uiis Schedule, if not shown above, will be shown in the Declarations. * ANX CERTIFICATE HOLDER WNO IS REQUIRED 6Y WRITTEN CONTRACT WITH THE NAMED INSURED TO nE ADDED AS AN ADDYTIDNAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY CERTIFICATES ARE ON FILE WITH XOUR AGENT. °# EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYbIENT OF PREMIUM Cfy 02 05 12 04 09150 Properties, Inc., 2003 Page 1 of 1 ^ / 'I'E 02 02A ~f CANCELLATION PROVISION OR COVERAGE (:TiANGE ENl)ORSEMEN'1' 'Dais etadorseanent aaaoditics insurance provided under the following: ~/ BUSINESS AiTTO COVI~;RAGF, FORM GARAG)~; COVERAGi; FORM 7'.RUCKERS COVERAGE 't'his endorsement changes the policy effective nn the inception date of the policy males another date is indicated below: EndorsementLflective 1'olicvNumber ~ 12/3]/U7 BAP5636217 t/ Named Insured / } alek, inc. . it ~1 1 'u ,p p Countersigned byf •~, •~ ;~ , : , (Aulhoricd Representative) 1'}lIR1'Y (30) days before dais policy is canceled or materially chaaaged to reduce or restrict coverage we wi Il mail notice of the cancellation or change to: / City of Corpus Christi \!/ Dept. Of7ngineering Services Atttl: Contract Administrator Y. O. liox 9277 Corpus Christi, TX 78469-92'77 Authoriccd Representative: °,.,,,r~,. . _.. .f'. ... ..._... . . Name (Printed): R. M. l:.oc 't'itle (Printed): Mfmaging Partner FORM'TF. 02 02A - CANCELLATION PROVISION OR COVI!J3ACh; CIIANGE ENllORSEMEN'1' Texas Standard Automobile Endorsement (I~;d. Effective 3/92) VYORICF,RS COMIPI'sNSA7'ION ANll 1;MPLt)YTRS LIAlI1L1TY 1NSURANCF, POLICY WC 42 06 Ol (Ell. 7-~5) '1'BXAS NO17Cl OI' MATERTAL Cl-IANGI F,NI)ORSl::M1iN'I' This endorsement applies only to the insurance provided by the policy because "Texas is shown in item 3.A. ofthe lnfbtmation Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. 'I'bis endorsement shall not operate directly rn• iudirectty to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 J 2. Notice will be mailed to: City of Corpus Chris[i I)cparlmenl of Engineering Services Attn: Contract Administt•aior 1' O Box 1277 Corpus Christi, "I'X 784(19-9277 'T'his endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (`T'he information below is required only when this endorsement is issued subsequent to preparation of llre policy.) / endorsement Effective: 12/31/07 Policy No. TSF0001 1 3971 3 Indorsement No. 3 Insured Malek, inc. / Premium . , $ ,,/ ~ ~ xi ,e ~ lri cl~.? Insw•atrce Company Countersigned + - ~' ~ t c? y. , i. ll Tt +y~ Sr By: WC 42 06 Ol Name (Printed): R. M. Lc:e (Ed. 7-R4) 'Title (Printed}: Mvraging Partner r~~ WORKERS' COMPENSATION AN[) EMPLOYERS LIABILITY INSURANCE POLICY 1NC 42 U3 C14 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDOR5EMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization Warned in the Schedule, but this waiver applies only with respect io bodily injury arising out of the operations described io the Schedule where you are required by a written contract to obtain this waiver from us. This endorsernent shall not operate directly or indirectly to benefit anyone not Warned in the Schedule. The premium for this endorsernent is shown in the Schedule. Schedule 1. ( ) Specific Waiver Narne of person or organization (X) Blanket Waiver Any person or oryanization for whom the Named hrsured has agreed by written conh'act fo furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be,, _ 2_.00__ percent of the pr'emiwn developed on payroll in connection with wotic performed for the above persal(s) or organization(s) arising out of the oporations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsemerA changes the poNcy to which it is attached efleclive on Ibe inception date of the pdicy unless a different date is indicated below. (The lopowing "attaching clause' need be completed only when (his endorsemwrl is issued subsequent to preparation of the policy.) 1-his endnrsemetd, effective en at 12:01 A.M. standard time, forms a part of Policy No. TSF-OOU1139713 20071231 oflheTexasMatuallncuranceCompany Issued to MALEK I NC Endorsement No. Premium $ 6 Authorized Representative WC420SO4A (E D. 1-01-2000) AGENT'S COPV JGRODELA 12-26-2007