HomeMy WebLinkAboutC2009-244 - 6/9/2009 - Approvedzoo9-zaa
bI2009-057
06/09/09
NIalek, Inc.
S P E C I F Z CAT I O N S
A N D
F O R M S O F C O N TRACT S A N D B O N D S
F O R
S P E C I A L P R O V I S I O N S
DEVELOPMENT SERVICES / EOC
(E'ROST BUILDING) CHILLER
REPLACEMENT - 2009
FOR
~'
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/626-3200
'" ' 49 Fax: 361/880-3200
PROJECT NO: 4372
DRAWING NO: PBti 742
(Revised 7/5/00)
3NT SERVICES / EOC (FROST BUILDING)
CHILLER REPLACEMENT - 2009
PROJECT NO. 4372
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICB TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - H (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISION3
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals _
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00) -
A-11 Cooperation with Public Agencies (Revised 7/5/00)
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
:_"~ ncc: _.. (NOT USBD)
A-18 Schedule and Sequence of Construction
_~: _., ~~_._: _,.. (NOT USED)
A-20 Testing and Certification
~.^.} -~~,g (NOT USED)
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A-24 Surety Bonds
A-25 Sales Tax Exemption NO LONGBR APPLICAHLB (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 Pield Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A-31 Amended Policy on Hxtra 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 nti a +- a +~ ~w (NOT USED)
A-38 Worker's Compensation Coverage for 'Building or Construction~Projects for
Government Bntities
A-39 Certificate of Occupancy and Final Acceptance
A-40 Amendment~to Section B-8-6: Partial Estimates
^''-•' ^^""• (NOT USED)
A-42 OSHA^RUles & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99).
A-45 As-Built Dimensions and DrawirigS (7/5/00)
....~ _c .: _i. ~.• n,..„a-.-....a n .- i+/gym,.. (NOT USED)
It 47 ___ _~~__ ., ._.,.,•_~...»• ~ ^ ~~~_~~~~ (NOT USED)
A-48 Overhead`Electrical Wires (7/5/00) -
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amended "Prosecution and Progress
PART 8 - GENBRAL PROVISIONS
PART C - FEDERAL WAGB RATES AND REQUIREMENTS
PART S - STANDARD SPECIFICATIONS (NOT IISED)
PART T - TECHNICAL SPECIFICATIONS
01010 SUMMARY OF WORK
01020 ALLOWANCES
01027 APPLICATION FOR PAYMENT
01035 MODIFICATION PROCEDURES
01040 COORDINATION
01045 CUTTING AND PATCHING
01200 PROJECT MEETINGS
01300 SUBMITTALS
01400 QUALITY CONTROL
01420 REFERENCES -
01500 TEMPORARY FACILITIES AND CONTROLS
01520 FACILITY SECURITY MEASURES
01600 MATERIALS AND EQUIPMENT
01631.SUBSTITUTIONS
01700 CONTRACT CLOSEOUT
01740 WARRANTIES
01781 PROJECT RECORD DOCUMENTS
01782 OPERATION AND MAINTENANCE DATA
15000 MECHANICAL AND ELECTRICAL SPECIFICATIONS (COMMON CONDITIONS)
15010 HVAC GENERAL CONDITIONS
15020 STARTING OF SYSTEMS
15030 MECHANICAL DEMOLITION
15060 HANGERS AND SIIPPORTS
15070 MECHANICAL VIBRATION ISOLATION
15075 MECHANICAL IDENTIFICATION
15080 MECHANICAL INSULATION
15120 PIPING SPECIALTIES
15125 PIPING EXPANSION COMPENSATION
15130 HVAC PUMPS
15180 COOLING PIPING
15621 PACKAGED AIR COOLED WATER CHILLERS - SCROLL
15950 VARIABLE FREQUENCY DRIVES
15985 SEQUENCE OF OPERATION
15990 TESTING, ADJUSTING, AND BALANCING
16000 ELECTRICAL SPECIFICATIONS
LIST OF DRAWINGS
Sheet
No. Description
1 T1 Title Sheet
2 T2 General Notes and Legends
3 S1 Structural Plan
4 52 Structural Details
5 M1 HVAC Demolition Floor Plan
6 M2 HVAC Floor Plan
7 M3 EVAC Schedules and Details
8 E1 Electrical Floor Plans
NOTICE
AGREEMENT
PROPOSAL/DISCLOSIIRB STATEMENT
PERFORMANCE BOND
PAYMEN'P BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
DEVELOPMENT SERVICES / SOC (FROST BUILDING) CHILLER RBPLACEDSENT - 2009
Project No. 4372; consists of
The provision and installation of two (2) new air cooled chillers installed
on steel beams to be constructed within a mechanical area located above a
portion of the third floor roof of a four (4) story building, provision
and installation of two (2) new pumps with variable frequency drives,
provision and installation of a chilled water bypass valve, and demolition
of existing chillers and air cooled condensers, demolition of a portion of
the existing chilled water piping, new chilled water piping, and related
mechanical and electrical work, in accordance with the plane,
specifications and contract documents;
will be received at the office of the City Secretary until 2:00 p.m. on
6, 2009, and then publicly opened and read. Any bid received after closing
brill be returned unopened.
A pre-bid meeting is scheduled for 10:00 a.m., Thurada A ril 30, 2009 and
will be conducted by the City. The location of the meeting wil a the
Department of Engineering Services Main Conference Room, Third Floor, City
Hall, 1201 Leopard Street, Corpus Christi, TX.
A bid bond in the amount of 5~ of the highest amount bid must accompany
each proposal. Failure to provide the bid bond will constitute a non-
responsive proposal which will not be considered. Failure to provide
required performance and payment bonds for contracts over $25,000.00 will
result in forfeiture of the 5g bid bond to the City as liquidated damages.
Bidder's plan deposit is subject to mandatory forfeiture to the City if
bidding documents are not returned to the City within two weeks of receipt
of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fifty and no/100 Dollars
($50.00) as a guarantee of their return in good condition within two weeks
of bid date. Documents can be obtained by mail upon receipt of an
additional ($10.00) which is a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be done and that
such wage scale is set out in the contract documents obtainable at the
office of the City Engineer and the Contractor shall pay not less than the
wage rates so shown for each craft or type of "laborer, " "workman, " or
"mechanic" employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, seems
most advantageous to the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Pete Anaya, P.E.
Director of Engineering Services
/s/ Armando Chaps
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 2009
A Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE OP INSURANCE MINIMUM INSDRANCB COVERAGE
30-Day Notice of Cancellation required oa Bodily Iajuxy sad Property Damage
all certificates PBR OCCORRBNCS / AGGREGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Porm
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Inj usy
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 $500,000
fiXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONA7ENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental ^ gEQUIRED
discharge; to include long-term ® NOT REQUIRED
environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
® NOT REQUIRBD
INSTALLATION FLOATER See Section B-6-ll and Supplemental
Insurance Requirement8
® REQUIRED
^ NOT REQUIRED
Page 1 of 2
The City of Corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
OThe name o£ the project must be listed under "description of operations" on
each certificate of insurance.
^FOY each insurance coverage, the Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
with thirty (30) days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of I 1
Texas Administrative Code
TITLE 2s INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Constrnction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context cleazly indicates otherwise. Terms not defined in this Wile shall have the
meaning defined in the Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building or constnuction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted duECtly with the contractor and regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8)Project--Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who aze providing services on the
project are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of aself-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they aze contained or to impose stricter standazds of documentation: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the wverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site infomung all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Actor other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language wmmon to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification wdes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carver or, in the case of aself-insured, with fire commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior fo the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
yeaz thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in pazagraph (3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) nofify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subpazagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of I 1
(h) The coverage requirement in this rule does not apply to motor carriers who aze required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 66750, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 Texl2eg 8609
Page 7 of 11
1'285110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage. "
Page 8 of 11
T28S 110.110(c)(7)
Article .Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certifrcate of
authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery ofportable toilets.
B. The contractor shall provide coverage, based on proper reporting of classi, fication codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, fide a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(I) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certif Cates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage -
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notes the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
ftling of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for ald employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certiftcate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor.•
(a) a certiftcate of coverage, prior to the other person beginning work on the project; and
(b) a new cert f cote of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on ftle for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have Irnown, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project that the coverage will be based on proper. reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of aself-insured, with the commission's Division ofSelf-
Page 10 of 11
Insurance Regulation. Providingfalse or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days ajler receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
DEVELOPMENT SBRVICBS / SOC (FROST SIIILDING) CHILLER RSPLAC8M8N1' - 2009
SRCTION A - 3PSCIAL PROVISIONS
A-1 Time Bad Place o£ Receiving Proposals/Pre-Sid Meetia
Sealed proposals will be received in conformity with the official
advertisement inviting bide 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 2s00 p.m., Wednesday, May 6, 2009. Proposals
mailed should be addressed in the following manner:
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
~ATTNs BID PROPOSAL - DEVELOPMENT SBRVICSS / 8OC (FROST
SIIILDING) CHILL8R RBPLAC8MSN1' - 2009, Project No. 4372
No additional or separate visitations will be conducted by the Cit
A-2 Definitions sad Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
DEVELOPMENT SERVICES / EOC (FROST BUILDING) CHILLER REPLACEMENT - 2009: The
provision and installation of two (2) new air cooled chillers installed on
steel beams to be constructed within a mechanical area located above a
portion of the third floor roof of a four (4) story building, provision and
installation of two (2)-new pumps with variable frequency drives, provision
and installation of a chilled water bypass valve, and demolition of existing
chillers and air cooled condensers, demolition of a portion of the existing
chilled water piping, new chilled water piping, and related mechanical and
electrical work.
A-4 Method of Award
The bids will be evaluated based on the Total Hase Hid - subject to the
availability of funds.
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 12/15/09)
Page 1 of 22
A pre-bid meeting will be held on Thursday, April 30, 2009, beginning at
10:00 a.m. The meeting will convene at the Engineering Services Main
Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi,
TX. and will include a discussion of the project elements. If requested, a
site visit will follow.
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5~ Bid Sond (Must refereace DRVSLOPNRN'P SRRVICRS / ROC (FROST
BDILDIN6) CNILLRR RRPLACRNRNT - 2009, Project No. 4372 as identified in
the Proposal)
(A Cashier's Check, certified check, mosey order or bask draft from say
State or Natioaal Sank will also ba acceptable.)
2. Disclosure of Interests Statement
A-6 Time of Completioa/Liquidated Damages
The working time for completion of the Project will be One Huadred 8orty
(140) 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 07orkera Compensation Iaeurance 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.
eeotloa A - SP
(Revised 12/15/04)
Page 2 of as
A-8 Pared 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 Buildiag Construction aad Beavy
Construction, in case of conflict, Contractor shall use higher wage rate.
Minim m, PYeVailllL] Wage SCale9
The Comm,c C17Ylsti City Council has determined the general prevailing m;n;mnn hourly wage
rates for Nueces County, Teems as set alt in Part C. The Contractor and any suboontzactor
must rot pay less than the specified wage rates to all laborers, worlaren, ~ and mechanics
a`ployed by then in the e~recution of the Contrnct. The Contractor or subcontrnctor shall
forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer,
workman, or mechanic enployed, if such person is paid less than the specified rates for the
classification of work performed. The Contractor and each subocntractor must keep an
accurate retold shaving the rrvnes and classifications of all laborers, worimien, and mechanics
e~loyed by them in camection with the Project and shaving the actual wages paid to each
worker.
The Contractor will make bi-weekly certified payroll sudrtittals to the City Engineer. The
Contractor will also obtain copies of such certified payrolls fxvn all subcontractors aryl
others working on the Project. These doanents will also be aulxnitted to the City Engineer
bi-weekly. (See section for Munrity/btinority Busis~ss Enterprise Participation Fblicy for
additional. requiresits carcenll TM~ the proper form aryl content of the payroll sulmittals.)
One and aie-half (1)$) times the specified hourly urage must be paid for all hours worked in
excess of 40 hours in any one week and for all haul worked on Sundays or holidays. (See
Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.)
A-ll Cooperation with Public Agencies (Revised 7/5/00)
The Contractor shall +~te with all public and private agencies with facilities operating
within the limits of the Project. The Contractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of arry
facility by using the Dig Tess at 1-800-483-8377, the Iene Star Notification Conparry at 1-
800-669-8344, aid Veri2xn IIiq Alert at 1-800-483-6279. For the Contractor's arrvenience, the
following telephone rnmbers are listed.
City II'xjineer 626-3500
Project E[xJineer' 361-883-9199
Juan L. Moxem, P.E.
Traffic F*+gi++~+^+++g 826-3540
- Police Departrnent 822-1911
Water Departrmnt 826-1880
Wastewater Departrrpnt 826-1816
Gas r~U++"p++t 826-6900
(826-3140 after lours)
(826-3140 after haul)
(826-6900 after hear)
Section A - SP
(Revised 12/15/04)
Page 3 of 22
Storm Water Department
Parks & Recreation D=paitment
Streets & Solid Waste Services
A E P
S B C
City Street Div. for Traffic
Signal/Fiber Optic locate
Cablevision
ACSI (Fiber Optic)
RMC (Fiber Optic)
Ckx~iceCam (Fiber Optic)
CAPAOC[C (Fiber Optic)
Brooks Fiber Optic (MAN)
A-12 Maiateaance of Services
826-1881 (826-3140 after hours)
826-3461
826-1970
299-4833 (693-9444 after hours)'
881-2511 (1-800-624-4424 after hours)
857-1946 657-1960
857-5000 (657-5060 after hours)
887-9200 (Pager 800-724-3624)
813-1124 (Pager 888-204-1679)
681-5767 (Pager 650-2981)
512/935-0956 (NObile)
972-753-4355
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the 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 Acce6s and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the musemn-~asd 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 - 8P
(Revised 12/15/04)
Page 9 0£ 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 sad Tracking
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation sad Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation"; therefore, no direct payment will be made to Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field Office NOT USED.
A-18 Schedule sad Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based only on
CAL@7DAR days. This plan must detail the schedule of work and must be
Section A - 9P
(Revieed 12/15/09)
Pegs 5 oP 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 Conatzuctioa Project Layout and Control NOT IISBD.
s - °°~^- '---•-h ma~]es base 'ass ete that awe aar-tRa~
Sac lion A - 3P
(Revised 12/15/04)
Page 6 of 22
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A-20 Teatiag 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 Pro iect Siana NOT IISBD
A-22 Minority/Minority Suaiaeas Baterpriae Participation Policy (Revised to/se)
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. Zn 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, partrtership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
9ectioa A - 9P
(Revised 12/15/04)
Page 7 oY 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 Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0°s 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 NffiE 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
(Revieed 12/15/04)
Page 8 oP 22
a minority joint venture partner has a 50.0 interest, shall be
deemed equivalent to having minority participation in 25.Og 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 Huainess Hnterpriae
(Percent) Participation (Percent)
45 $ 15 $
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Cont ractorfor 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
(Revised 12/15/04)
Yage 9 of 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 Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued." -
A-25 Sales Tax Exemption NOT IISED
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SeCtioa A - SP
(Revised 12/15/04)
Page 1D of 22
A-26 Supplemental Inauraace Reauiremeats
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
than e to:
1. Name: City of Corpus Christi
Engineering Sexvicea 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 8-6-11 (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 Claims
Paragraph (a) General Liability of Section B-6-11 of the General Provisions
is amended to include:
Section A - SP
(Aevieed 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-28 Coasideratioas for Contract Award and IDcecution
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, then prior to award, the City
Engineer may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staf£
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) yeaza recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) yeaza 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 - BP
(Revised 12/15/04)
Page 12 of 22
Such written apprgvat of field administration staff is a prerequisite to the City
ffigineer's obligation to execute a contract Eor this Pmject. 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 teen of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A-30 Amended "Consideration o£ 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 Hid 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 hIDE 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 hIDE. 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
Hngineer, 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 Pmject. Thin 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 8-7-13;
Section A - 8P
!Revised 12/15/04)
Page 13 0£ 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;
B. 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-x, if applicable.
10. Withiafive (5) days following bid opening, submit in letter form,
information identifying type of entity sad state, i.e., Texas (or other
state) Corporation or Partnership, and same (e) and Title(s) of
individual(s) authorized to execute contracts oa behalf of said entity.
A-31 Amended Policy on Rxtra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" H-8-5
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following:
Contractor acmowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also ac)mavledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amountin excess of $25,000.00 must also
be approved by the City Council.
A-32 Amended "IDcecuti~ of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at arty 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 o£ 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 Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
Section A - SP
(Revised 12/15/09)
Page 34 of 27
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 City 47ater Facilities: Special Reauiremeats NOT IISHD
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Section A - SP
(Revised 12/15/04)
Page 15 of 22
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Section A - 8P
(Revised 12/15/09)
Page 16 of 22
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certif iea 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 - 8P
(Reviead 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.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A-37 Amended "Arrangement aad~Charge £or Water Fuzniahed by the City" NOT IISSfl
-- ~...- n _ _ ry ..-.a n 3 ., • riF3l~eipa-rCClne6tHPt3ea E'eE3E1~aE1:9 , P
f.-1G--nrx ~_~a e-€P~' IIaFPZ~TF4 ~ c} Yr9 _ -
A-38 Worker's Compensation Covers a £or Huildia or Construction Pro 'ecta for
Government Entities
The requirements of ^NOtice to Contractors 'B "' are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Final Acceptance
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision B-e-
9.
A-40 Amendment to Section H-8-6: Partial Satimatea
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
Section A - 9P
(Revi"eA 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 Advisory NOT IISSD -~
___...___~ r_. ___~ _t_________ ...___ ____ __ __________ _-. __r_ ___ ...._~--
.. -. .. .. ~ ....-.. M.... nom.... 3 ........A ........-.F f .... ......... 2 .... mM.. nJ r.. r.-....3 -......- _ l l
..... .......... ......-., ap ....... u..c~ssc o.. .,p... ro~ ..t.uaau. ..... c ..Y^z
neE#€l~--Cent~aete~ abetxt-eeenc~~ler~. F€~--a~la}~Qeh ae ttri-eis-exg~#eReed,
.,... .] _.. .., , , 1.,. ...~ _,. .i .... ~..] .,... : , , L...
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A-42 OSHA Rules E 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 Ameaded Iademnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" 8-6-21 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
- employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's coats 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 sad Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as-built dimensions and locations of all work constructed. As
a minimum, the final drawings shall include the following:
section A - 9P
(Aevieed 12/15/04)
Paga 19 of 22
(i) 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 o£_Highly Chlorinated water (7/5/00) NOT IISED
r7,- t --~ kt'gh }eve s e€ eh}ems se w#}} he need-~e-~
°°at''° ~enn~ee'H}e }-sm~€s €e~ d#seharge
«, __a- a}}~ serve#t~ise -tress - - -q.., _ - ,
agenr~es suPh as 'f'EHlFB ~'fYt~te "^^ - - -
.ti_
^Y^
A-47 Pre-Construction ~cploratory Hxcavatioas (7/5/00) NOT IISHD
- - - - •'~^` en Ehe-g~eJeet Eentraetea e3•r~~-e~~ava~e
•Y
__r ---- =~=E.e==nee~-€i;e--p~e3ee-t and Eent~aeEe~ s32a}} -
°~ _w
~' ",~ - ~'-° °,,-, and awe w#€h#n t n €eet ( B ) e
...i 2 . ~ -, . -iz[iC~.. .-. FVfciic,'_ ~~B}ee'G Y ..t-, l - - - CS
..l -G
L_
=r' ~"
_a: __. .:,_ _F ,+--_ a*eave€ed sad ensvP'ed ae wel}~
'""' t "-'^^^` a'-`anee Ee he savemee:t eentea~#ae a.ul
A-46 Overhead Hlectrical 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
Seotloa A - aP
(Revised 12/15/04)
Page 20 of 22
construction route. Contractor shall use all due diligence, precautions,
etc., toensure 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 Ameaded "Mainteaance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-6-il 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 ofthe 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 Ameaded Prosecution and Progreso
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-7 Prosecution and Pro ress, 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 - 8P
(Revised 12/15/04)
Page 21 of 22
SUBMITTAL TRANSMITTAL FORM
PROJECT: DHVSLOPMHNT 3HRVICHS / HOC (FROST BDILDING) CHILLRR RBAPLCHMSNT
2009; PROJECT No. 4372
OWNER: CITY OF CORPUS CHRISTI
HNGINHHR: STRIDDE, CALCINE & ASSOCIATES INC.
CONTRACTOR:
SIIBMZTTAL DATH:
APPLICAHLB SPHCI
OR DRAWING
SUBMITTAL NITMBSR:
SDBMITTAL
Section A - SP
(Revised 12/15/04)
Pa4e 22 of 22
A G R E E M E N T
THE STATE OF TEXAS ~
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 9TH day of JUNE, 2009, by
and between the CITY OF CORPIIS 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 $263,782.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
DEVELOPMENT SERVICES/ EOC (FROST BUILDING)
CHILLER REPLACEMENT 2009
PROJECT NO. 4372
(TOTAL BASE SID: $263,782.00)
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
P R O P O S A L
Place:
Date : ~ ~T(i~y ~~~L°
Proposal of
a Corporation organized and existing under the laws of the
State of ~~y.C~S
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
DBVRLOPNSNT SRRVICRS / HOC (FROST HIIILDIN6)
CRILLSR RSPLAC8NBr1'P
PROJSCT NO. 4372
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-
wit:
TOTAL BASS SID: $ z° lL'~. I +J ~ , ~~
Proposal Form
Paae ~ of S
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 140 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTES~P2~
City !!S`/`/ecretary
CITY OF CORPUS CHRISTI
By:
Oscar Martinez
Assistant City Manager
APPROVED AS TO GAL FORM:
By:
Asst. City Attorney
ATTE (If C oration)
a~
(Seal low)
(Note: If Peraon signing for
corporation is not President,
attach copy of authorization
to sign)
Pete A'naya, P.E.
Director of Engineering Services
CONTRACTOR '~
,; -
Malek, Inc. ,,, ~ ~~~~.•.
Title: ~~ ,
P.O. SOX 679 ~ ~~~~~~`~
(Address)
CORPUS CHRISTI, TX 78408
(City) (State)(ZIP)
361/888-8281 * 361/888-7257
(Phone) (Fax)
r r 1x26 / A H 12f:D
dY COUNCIL.. ~~~
Agreement
Page 2 of 2
~RiALEK•If1~.
PO BOX 678 2521 ANTELOPE CORPUS CHRISTI, TEXAS 78403
June 16, 2009
To Whom It May Concern:
(361) 888-8281 • FAX (361) 888.7257
I Sue Malek, President of Malek Inc here by give Doug Bell, CEO of Malek Inc,
authorization to sign contracts and other legal documents for Malek Inc.
Sincerely,
~~,"'' l
Sue Malek
President
State of Texas
County of Nueces
Before me, a notary public, on this day personally appeared Sue Malek, known to me to
be the person whose name is subscribed to the foregoing document and, being by me first
duly sworn, declared that the statements therein contained aze true and correct.
I ~a•O THENESA NUflTIN
_ Nomry PabNC
STATE Of TEAS
Notary Public's lgoature ~e ~ onxn. E>tp. 0611-2010
Regulated by the Texes Dept. o/Licensing 8 Regulation, P.O. Box 12157, Austin, TX 78711, 1-800-803.9202, 1-512-463-6599. License No. TACLA000540C
Regulated by the Texas State Boeid o/ Plumbing Examiners, P.O. Box 4200, Austin, TX, 78765, 512-936-5200, License No. M-11255
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P R O P O S A L F O R M
F O R
DEVELOPMENT SERVICES / EOC
(FROST BUILDING)
CHILLER REAPLCEMENT - 2009
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPDS CHRISTI, TEXAS
PROPOSAL PORM
PAOB 1 OF 5
P R O P O S A L
Place:
Date : ~ A yT~, ~~.:L 1
Proposal
a Corporation organized and existing under the laws of the
State of ~e.1Cc:-~S
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
SSRVIC88 / 80C (FR09T SDILDING)
CHILLER RSPLAC8L~1T
YROJSCT NO. 4372
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-
wit:
TOTAL SASS SID: $~ l~ ~J,~ ~ ~ of}~
Proposal Form
Dann 7 r~F C
The undersigned hereby declares that he has visited the site
and has carefully examined the plans, specifications and contract
documents relating to the work covered by his bid or bids, that he
agrees to do the work, and that no representations made by the City are
in any sense a warranty but are mere estimates for the guidance of the
Contractor.
Upon notification of award of contract, we will within ten
(10) calendar days execute the formal contract and will deliver a
Performance Bond (as required) for the faithful performance of this
contract and a Payment Bond (as required) to insure payment for all
labor and materials. The bid bond attached to this proposal, in the
amount of 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 I3nterprise 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 Sets of Documents: The contract and all
bonds will be prepared in not less than four counterpart (original
signed) sets.
Time of Completion: The undersigned agrees to complete the
work within One hundred forty (140) calendar days from the date
designated by a Work Order.
The undersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all
materials and do everything required to carry out the above mentioned
work covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Receipt, o~ the following addenda is acknowledged (addenda
number): (~()n?l'. ~F_C,~~J2~~~
Respectfully submitted:
Name:
By:
(SEAL - IF BIDDER IS
a Corporation) Address:
NOTB: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Telephone:
(Revised August 2000)
PROPOSAL PORM
PAGE 3 OF 5
P E R F O R M A N C E B O N D
BOND NO. PRF08962257
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT Malek, Inc. of NUECES County, Texas, *
hereinafter called "Principal", and FIDELITY & DEPOSIT COMPANY OF MARYLF~PII$
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 TWO HUNDRED
SIXTY-THREE THOUSAND, SEVEN HUNDRED EIGHTY-TWO AND
NO/100($263,782.00) 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 pre5erit5: *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 9TH of JUNE 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
DEVELOPMENT SERVICES/ EOC (FROST BUILDING)
CHILLER REPLACEMENT 2009
PROJECT NO. 4372
(TOTAL BASE BID: $263,782.00)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 16TH
day Of JUNE ZQ 09 ,
PRINCIPAL
MALEK, INC.
BY ~ ~ ~~.~-
9w12
Name &
ATTEST
EO
Name & T.=tle
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY CO,
By: _ l^~.
Attorne :-'n-fact
MARY ELLEN MOORE
(Print Name) _
i; ,
The Resident Agent of the Surety in Nueces County, Texas,
delivery of notice and service of process is:
Agency: SWANTNER & GORDON INSURANCE AGENCY
COIItact PBrSOII: MARY ELLEN MOORE
Addr@88: P,O. BOX 870
CORPUS CHRISTI, TEXAS 78403
Phone Number: 361-883-1711
(NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08)
for, =`'
Performance Bond
Page 2 of 2
P A Y M E N T B O N D
BOND NO. PRF08962257
STATE OF TERAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT Malek, Inc. of NUECES County, Texas,
hereinafter called "Principal", dnd FIDELITY & DEPOSIT COMPANY 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 TWO
HUNDRED SURTY-THREE THOUSAND, SEVEN HUNDRED EIGHTY-TWO AND
NO/100($263,782.00) 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 3UCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 9TH day JUNE 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
DEVELOPMENT SERVICES/ EOC (FROST BUILDING)
CHILLER REPLACEMENT 2009
PROJECT NO. 4372
(TOTAL BASE BID: $263,782.00)
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 statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 16TH
day Of JUNE ZQ 09
MALEK, INC.
By' ~ ~f //vG-t-
ATTEST
0
SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY & SURETY CO.
By:
Attorney fact
MARY ELLE MOORE
<:;°
,U'
The Resident Agent of the Surety in Nueces Couaty,:T9sas,
delivery of notice and service of process is:
Ag@ncy:
Contact Person:
Address:
Phone Number
SWANTNER & GORDON INSURANCE AGENCY
MARY ELLEN MOORE
P.O. BOX 870
CORPUS CHRISTI, TEXAS 78403
361-883-1711
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08)
for `
Payment Bond
Page 2 of 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by
THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant t ce of authority granted
by Article VI, Section 2, of the By-Laws of said Companies, which az h ere d~eof and are hereby
certified to be in full force and effect on the date hereof, do t , co d ary Ellen MOORE,
R. M. LEE, Michael A. WHITNEY, H.M. CA . DUNCAN, all of Corpus
Christi, Texas, EACH its true and la t e ,execute, seal and deliver, for, and on its
behalf as surety, and as its and n ertakings, EXCEPT bonds on behalf of Independent
Executors, Comm vo}~ `a-n~d tans. and the execution of such bonds or undertakings in
pursuance of these p s ll~in on said Companies, as fully and amply, to all intents and purposes, as if
they had been duly e~~ a wledged by the regularly elected officers of the Company at its office in Baltimore,
Md., in their own pr r rsons. This power of attorney revokes that issued on behalf of Leroy A. RYZA, Mary Ellen
MOORE, R. M. LEE, Diann EISENHAUER, Michael A. WHITNEY, Kristi ROBERTS, dated October 13, 2003.
The said Assistant Secretary does hereby certify that the exhact set forth on the reverse side hereof is a true wpy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 22nd day of September, A.D. 2008.
ATTEST:
'~o ocrusr~ WWpy
ro, '~
., ...
~{ ~ v~° ~ BBAL
o tm ~_ «..
°' ~9
Q`.r,n. Altt
State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Eric D. Barnes Assistant Secretary
~~~• ~ ~ij
By:
Theodore G. Martinez
On this 22nd day of September, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they aze the said officers of the Companies aforesaid, and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
`, W4IdrA4yC
..). , )
zt.~~l ' ) ~. I ~. /
,~4iiiiAlAial J•
~~~111111)~)```
Constance A. Dunn Notary Publrc
My Commission Expu•es: July 14, 2011
POA-F 768-9883
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may requve, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, ageements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may requve, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, ageements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate maybe signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 16TH day of JUNE 2009
~~~
Assistant Secretary
Fidelity and Deposit Company of Maryland
~ Home Office: P.0 Box 1227, Baltimore, MD 21203-1227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-300-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
F;1X rk (5l2) X75-1771
FRENIIUN( OR CLAIIbt D(SPUTES• Should you have a dispute concerning the premium or
about a claim, you should first contact Fide]ity and Deposit Company of Iv(aryland or Colonial
American Casualty and Surety Company. [f the dispute is not resolved, you may contact the Texas
Department of Tnsur~u~ce.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is For information only and does
not become a part or condition of the attached document.
5.95.171(-CX) (08/01)
Disclosure Statement Z~IRICH
ZURICH AGENT/BROKER COMPENSATION DISCLOSURE
Dear Policyholder:
On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your
insurance needs and want you to understand clearly our business relationship with-the agent or broker you chose to
represent your company's interests in the placement of insurance coverages.
As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products
through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent
many insurance companies. Because we do not employ your agent or broker, the way they are compensated may
vary. We recommend you discuss these arrangements with your agent or broker.
For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with
your business, please go to http:/lwww.zurichna.com. Click on the information link located on the AgenUBroker
Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to
view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information.
Thank you.
Access Code: 2016084474
U-RET-E-402-A CW (11/06)
Page 1 of 1
~5'C~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires ali persons or firms seeking to do business with the Cityto
provide the following inforrmation. Every question must be answered. If the question is not applicable, answerwith "NA".
FIRM NAME \Ci ISC~
STREET:~4~\ Ati~E..`cht~ CITY: ~ S : ZIP: ~ ~~ )~
FIRM is: 1. Corporation x 2. Partnership 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the Cfty of Corpus Christi having an "ownership interest"
consttuting 3°~ or more of the ownership in the above named "firm".
Name /~ /d Job Tide and City Department (ff known)
/V/l
2. State the names of each "official" of the Cfty of Corpus Christi having an "ownership Interest" consttuting
3°~ or more of the ownership in the above named "firm".
Name Title
N~
3. State the names of each "board member" of the Cfty of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
NA
4. State the names of each employee or officer of a "consultant" for the Cfty of Corpus ChNsti who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of
the ownership in the above named "firm".
Name Consultant
N~
CERTIFICATE
1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur. p Q 1-- 1
Certifying Person: 1~20un~t ~~ ~ Title: `II(`Q ff2@S~J~.I
(Type or Print)
Signature of Certifying Person: _ ~ ~~,~~- Date: _ .S~~j
PROPOSAL FORM
DEFINITIONS
a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as
an independent contractor.
c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce ordeal with a product or service, including but not limited to, entities operated in the form of
sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profd organizations.
d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate or holding entity. "ConstrucWelIyy held' refers to holding orcohtrol
established through voting trusts, proxies or special terms of venture or partnership agreements.
f. "ConsuttanC. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
PROPOSAL FORM