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Home My WebLink AboutC2009-427 - 9/8/2009 - Approved2009-427 M2009-248 09/08/09 1~Ialek, Inc. S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S _ A N D F O R M S O F C O N T R A C T S A N D B O N D S F 0 R AMERCAN BANK CONE VENT I ON CENTER CHILLER REPLACEMENT 5656 S. Staples, Suite 110 Corpus Christi, Texas 78411 Phone: 361/992-2284 Fax: 361/992-2287 Et~f T~~ A Texas Registered ~~~',~' b Engineering Firm *; #862 ,~~ p~•~N~~•..•I~n+'T' FOR 4EE 8 '1Ya1~~n/( 69365 t ~.,~~~~.~S~C DEPARTMENT OF ENGINEERING SERVICES '""'"'~ ~ CITY OF CORPUS CHRISTI, TEXAS iJ ~~ Phone: 361/880-3500 ~J Fax: 361/880-3501 3 zt/~ 9 PROJECT NO: 4368 DRAWING NO: PBG-741 {Revised 7/5100) AMERCAN BANK CONVENTION CENTER CHILLER REPLACEMENT PROJECT NO. 741 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A {Revised May. 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 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 Are-a-~~eeee~ a~-C-'~~effie Centel A 1~4--Ee~s-~r~et}eni~ment mill A-16 Disposal/Salvage of Materials A 1~ ~; ^, 1, .,~~; ,. A-18 Schedule and Sequence of Construction " A-~8 Ee~rs-t~~e~ieni~ A 2~ Pr~e~-ee~a A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds Ai5 ~^~^^ `T'^° z'°^n'~}' o~ NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 .Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 3-5 E i~~4d a ~e~ F-ae-i 1 }~-i~sr-~e~aa n ., r, , ; r °- - ., t - 1--- - A-36 Other Submittals (Revised 9/18/00) ~~ ~~ A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A 4-C --Bi s~esa 1 e€-f~}~3~-~~ar i~ra~e d W a f e~ ' '-r. '-,~~ ~r~~ ~~...,,.i,,,-„a ~i,.,.+,-;,.-,-~ ra; (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amend Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS Division 1 SECTION 01100 - SUMMARY OF WORK SECTION 01101 - EQUIPMENT DOCUMENT REQUIREMENTS SECTION 01200 - PROJECT COORDINATION SECTION 01300 - SUBMITTAL PROCEDURES SECTION 01550 - CUTTING, PATCHING AND DEMOLITION WORK SECTION 01600 - MATERIAL AND EQUIPMENT SECTION 01700 - CONTRACT CLOSEOUT Division 3 SECTION 03300 - CONCRETE Division 5 SECTION 05120 - STRUCTURAL STEEL Division 7 SECTION 07512 - SMOOTH SURFACED BITUMINOUS BUILT-UP ROOFING Division 9 SECTION 09900 - PAINTING Division 15 SECTION 15010 - BASIC MECHANICAL REQUIREMENTS SECTION 15140 - SUPPORTS AND ANCHORS SECTION 15190 - MECHANICAL IDENTIFICATION SECTION 15242 - VIBRATION ISOLATION SECTION 15260 - MECHANICAL INSULATION SECTION 15510 - HYDRONIC PIPING SECTION 15515 - HYDRONIC SPECIALTIES SECTION 15540 - HVAC PUMPS SECTION 15541 - VARIABLE FREQUENCY DRIVES SECTION 15712 - INDUCED DRAFT COOLING TOWERS SECTION 15720 - AIR HANDLING UNITS SECTION 15760 - CENTRIFUGAL CHILLERS SECTION 15830 - AIR DEVICES SECTION 15890 - DUCTWORK AND DUCTWORK ACCESSORIES SECTION 15940 - TESTING SECTION 15950 - DIRECT DIGITAL CONTROLS SECTION 15990 - TESTING, ADJUSTING, AND BALANCING Division 16 SECTION 16010 ELECTRICAL GENERAL REQUIREMENTS SECTION 16200 ELECTRICAL DEMOLITION SECTION 16402 ELECTRICAL WIRING SYSTEMS SECTION 16443 MOTOR CONTROL CENTER SECTION 16470 PANELBOARDS LIST OF DRAWINGS i~;OTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City. of Corpus Christi, Texas for: AMERCAN BANK CONVENTION CENTER CHILLER REPLACEMENT, PROJECT NO. 4368: Consists generally of supplying mechanical and electrical demolition to remove the existing centrifugal chillers, chiiied water pumps, condenser water pumps, cooling towers, control system, and roofing systems at cooling towers. And the iristal7.ation of 3 new 450 ton centrifugal chillers, new primary chilled water pumps, new condenser water pumps, new cooling towers, new roofing at the cooling towers, new controls to operate the central plant and new and existing air handlers, new terminal units, new variable frequency drives, and all electrical and structural work associated with the installation. Additive Alternate #1 consists of providing new secondary chilled water pumps and variable frequency drives for the Convention Center and all electrical and ~- structural work associated with this additive alternate. Additive Alternate #2 consists of providing new corrosion resistant coating for the existing air handlers AHU-2, AHU-4B, AHU-6, AHU-12, AHU-22, and AHU-23 at the ~- Convention Center. Complete all work in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wedaesday - Juae 17th, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m. oa Wedaesday, Juae 11th, 2009, and will be conducted by the City. The location of the meeting will be the American Bank Convention Center Conference Room (located on the First Floor by the Convention Center Main Exhibit Halls), Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. r Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty aad 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 Chapa 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 OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Caacellatioa required oa Bodily Iajury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse xazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS'' RISK See Section B-6-ii and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section 8-6-11 and Supplemental " Insurance Requirements © 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. ^The same of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of 'or material change ~~on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF - WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule 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 construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and 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 are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading .certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph {7) 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 are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration 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 informing 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 Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prig to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certif Cate 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 codes and payroll amounts, and that all coverage agreements will be filed. with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one 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 person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (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 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c}, and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, 7'WCC- 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 x'406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, ale a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 note 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, far the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (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 of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I 1 of 11 SPECIAL PROVISIONS AMERICAN BANK CONVENTION CENTER CHILLER R}3PLACffi~,ENT PROJECT NO. 4368 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for-the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. oa Wednesday June 17, 2009, Proposals mailed should be addressed in the following manner: ^; ~-~ ^~ ^^~^•^••~ ^'~~~~ ~'-~ City Secretary's Office ---i -- ---r --- --'----- ^~ ~-• °^~~~~'-~-~-•' ~ ^F~~ ~- City of Corpus Christi ---~ ---------1 - ------ 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - AM}3RCAN BANK CONVENTION CENTER CHILLER REPLACEMENT PROJECT NO. 4368 Aav tsrossosals not nhvsically is possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not is possession of the City Secretary's Office prior to the date. and time of bid opening. A pre-bid meeting will be held on 10:00 a.m. oa Wednesday, June 11, 2009, beginning at 10:00 a.m. The meeting will convene at the American Bank Convention Center Conference Room (located on the First Floor by the Convention Center Main Exhibit Halls), Corpus Christi, TX., and will include a discussion of the project elements and a site visit will follow. No additional or separate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Proiect Total Base Bid consists generally of supplying mechanical and electrical demolition to remove the exiting centrifugal chillers, chilled water pumps, condenser water pumps, cooling towers, control system, and roofing systems at cooling towers. And the installation of 3 new 450 ton centrifugal chillers, new primary chilled water pumps, new condenser water pumps, new cooling towers, new roofing at the cooling towers, new controls to operate the central plant and new and existing air handlers, new terminal units, new variable frequency drives, and all electrical and structural work associated with the installation. Complete all work in accordance with the plans, specifications and contract documents. Additive Alternate #1 consists of providing new secondary chilled water pumps and variable frequency drives for the Convention Center and all electrical and structural work associated with this additive..alternate. Section A - SP (Revised 12/15/04) Page 1 of 22 Additive Alternate #2 consists of providing new corrosion resistant coating for the existing air handlers AHU-2, AHU-4B, AHU-6, AHU-12, AHU-22, and AHU- 23 at the Convention Center. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds. 1. Total Base Bid, or 2. Total Base Sid + Additive Alternate No. 1, or 3. Total Base Bid + Additive Alternate No. 1 + Additive Alternate No. 2 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1.5% Bid Bond (Must reference AMERICAN BANK CONVENTION CENTER CHILLER REPLACEMENT PROJECT NO. 4368 as identified in the Proposal) (A Cashier's Check, certified. check, money order or bask draft from any State or National 8aak will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 210 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period .as extended pursuant to other provisions. of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are .not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date Section A - SP (Revised 12/15/04) Page 2 of 22 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. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Ackaowledameat of Addeada 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 8uildiag Constructioa. In ease-~= ~o~==ie~, C--e~r~e-ter s~iall-use h}g~ter wage rite. Prevailing Waae Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars {$60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record s2wwing the names and classifications of all laborexs, workmen, and mechanics employed by them in connection with the Project and showiuig the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These docimients will also be submitted to the City II~gineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements caricernirig the proper form and content of the payroll submittals.) One and one-half (134) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Teens, and Section B-7-6, Working hours.) Section A - SP (Revised 12/15/04) Page 3 of 22 A-11 Cooperatieai with Public Agencies (revised 7/5/00) The C7ontractor shall cxx~perate 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 arty facility by using the Dig Tess at 1-800-344-8377, the Lone Star Notification Company at 1- 800-669-8344, and the Veri2,ari Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone rnm~bexs are listed. City Engineer Bath Engineering - Brian Mende, P.E. Traffic ~ n~'ring Police Department Water Depart[nerit Wastewater Department Gas Department StoYm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P AT&T/S B C City Street Div. for Traffic Signal/Fiber Optic Irxate Cablevision ACSI (Fiber Optic) IQtiIC (Fiber Optic) ChoiceC7cm (Fiber Optic) c3~,PROCfC (Fiber Optic) Brooks Fiber Optic (MAN) 826-3500 992-2284 826-3540 882-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours) 885-6900 (885-6900 after hours) 826-1881 (826-3140 after hours) 826-3461 826-1970 299-4833 {693-9444 after hours) 881-2511 (1-800-824-4424, after hours} 826-1946 826-1960 826-5000- (826-5060 after hours) 887-9200 (Pager 800-724-3624) 813-1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 {Mobile) 972-753-4355 A-12 Maiateaaace of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the .construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings,. the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no Section A - SP (Revised 12/15/04) Page 4 of 22 increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control (NOT USED) a~~te-prs~i~a~rtnim sf i~ee~eniene~te~e~er}sts-aid the~~lie. Tn.:. Cer~tr~e-ter dill be--req~ire~--te sehedttle i3a~l~e, bttt }s 33e•$ li~titeQ-te, were}nQ dri~e;aa~s }n half' w}dths;- ee33s~r-~xetie~-e€ tempe~ar~r~a~s, ete. The Ce~r~etsr shill eemgl~w-ith tie Eit~e~ Eer~rs Ehr}st}-Ls-~o~ pa~me3i~' v~ill be made ~.. ..,..,,.v.,,,..,.v. A-14 Construction Equipment Spillage and Tracking (NOT USED) agxxxca c~cavcz:xaxa ajvx:xg c6 er frem ~~3e e633strt~etie3~ area ::z:Pf~ ~r"~.~0~'-ccsxcc7-vr i33erease i33-t~3e freq}xe~l~i€ neeeesar~,-te~revent material €r~c~~~s~ing-irate t~te~~ a==e6~ed to remain en t-~3e prey-eet site A-15 Excavation and Removals (NOT USED) vi~s~vvraxrxc~a gvv~grviP~2i"s of ~r&99 whey a$gl}ed 6a~~~3 92e~~9A~-a~3d , i r rem~ed~xless-at~erivise-xx rzxx xzeee$9czr~-xe~i~vvcci9x3te~tt~~33~ ~1~~ X30$ 1#m~ted ~6~3~$e, '~""• ", i i ~~ccavuFOxvzr'; cherG=vre, 339 ~~ree~-~&yme~'3~ 6a~~~ ~e mt~~e `'~ r''"'~"~~'~~~'~ A-16 Disposal/Salvage of Materials Demolished equipment 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. Section A - SP (Revised 12/15/04) Page 5 of 22 A-17 Field Office NOT USED A-18 Schedule and Sequeace of Construction The Contractor shall submit to the City Engineer a work plan based only on cAZSxnAx days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all. submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control (NOT USED) ~~ ..r .,~........ ~.~......, ...~ ..i,...,, ~~, ........,, ~ t t ~- } d t ~ ~ ~f tliis~ at~~e - a~re ee --t-e-eena ~e req}t re . . ee~rel-~f the~~ i € d }t is t} t ar ng , 1 r~te en, eens e se that alt t} 48 h ' i e}nts ean~e er~te ee~r~el- ==o7~~t a~tg s ste e etit~ neer ~ i-1. ^ F ~.. 1 red 11 b t ~i n........., a--....r -the-C~~ er 3~ G SIG GGIICLae P-reTee~ ~xgi genee 6a} e res e CGr S neg neer~ tie e-x~e~se e#' the ^~~~~^~~~ ~ y ^^ =aQe te-~reperl~e~eee~tte the yaer~e, the C~~r ~aeter ~'~-„ ^'^'~°;^ °^ ~.~, ~ 9 t E ~ - ~' l P ' ^} }~t~e ie~ to de;ria~}en I~ eer- e~ee ~g ~ ty---er Eenst~ taet ~ t =~ , EnQ}weer to rev}se t-he a°^...' ~R^ Section A - SP (Revised 12/15/04) Page 6 of 22 d € h d e€ , -~repese er t e~ Pit=s€ing an € th = i i i ~t~ese --e~' Ee~tsa the-t''i~ wise l€a~€ Da^~~~} e- pav ng~re by cvcccp ct en e th h i ~ , eess €~r~isli a ma~im-~ et t E r e€ twe~~;- re e at t E::9=::G~= ma~req~t er ea ra id h h ll ' ~ ~^„ ^ }; ~: .,}, ~.. a^ .,}„}+ ~rev e-ti a e entraeter s fhe D.. , i d d .}^ e.a Dv.-.~f- .., ..~.., T ...,,~ ~. .. /D T~_~ $ ` egen n eat pia Third Part~ ll h d ~ h th b greve e ap Pa~t~~ P-~ S s a t h ii b t d b i i e a ~.,+....^ ,+a .^} m'^'---' „-~} h : F.. e Ha e a es s a d s~repa~te ~'ellevaing is the ..,+„,~.., ^ ~_= Gaxb =Gtt~r~ts at-paint e€ t €i i } b j e ^~ , ..~ ,a~ ~}.,}. ,.,~ _ anQeney,/-geiat e€ ^~F~-'^-~^° ''~0-i= m € street~~x-a- th id t-~,x= a axb a::d Satter ne 4 ew/~ ~ Stxcct GS e~I~S e~ a ~Bg'-}~tter~= Z es e s al and at all ^}.. ,...-....,}~ ^ ; • 33.1 rimy'-i~t-~r~-~le~atiens at ^'..,s; • X11 ,+}., „}_~~ ~ .. ~... .., r~ c'_c ~, r r + r ^ T~ ~1 ~1 T.1 _. } 1, .,. _ i ... ' • Cis-~~g-ele~*at}en9~tep--e€=pipe-e-ndzlaw-li~e~ ~i=invs~iFxc~ia ~^exi c' v"~ cd'-cv.~ltive'zcie • All rime}avert elevatiens at m~ e - `+ , ~ caax:xy c~evat~6~3s~t6p-9€-~4pe acid f~A51T 1}~3e7 r+zsavx-ccFccc-aczc~e=Ticzc , A-20 Testing and Certification {NOT IISSD) i== tcoty xegt~ired ~tder t~3~9 item mast be de~3e bra reeAg~tised },.,,};..,; vbx== bG berae h~the-{''~€y-ln the evert that-a;~y-test fails, tba-t te.s~t mast } i.... n.,,., } ,.. ., } ..,,. fir- A-21 Proiect Signs (NOT IISSD) A-22 Minority/Minority Business Saterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Sflction A - SP (Revised 12/15/04) Page 7 of 22 Corpus Christi in support of Equal Employment Opportunity goals .and objectives of the Affirmative .Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as .providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned ~" and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned {a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51..0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees,. rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. Section A - SP (Revised 12/15/04) Page 8 of 22 e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner-has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Perceat) Participation (Perceat) 45 ~ 15 ~ b. These goals are applicable to all the construction. work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. 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 Section A - SP (Revised 12/15/04) Page 9 of 22 completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. 8ee~ier~~€ th.e-~eher-al "'-^~~~ ^~ ^^^ ~ ^ '^°'^°~-- A-24 Surety Bonds Paragraph two (2) of Section 8-3-4 of the General Provisions is changed to read as follows: . "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (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 $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT IISED) a.., , .~.....a-.. ~..~.-.a , ~..i..,. ...G t t l * = € € -awer~ t ed-~ the G€~ --e€ ^c-~-~..^ etxen s o rea -- mgre o er Comer-ae~s €}en n = _' d ==€ = € y p~eper Epe s e€ Bales ~ ~ -r -- e}s a~-i3se "'- ^, er exemg G ~ : ~ ~-~aa ~ -- , ~ '€a Ad~t}n € 3 s ~z~3 ~~ }~t~atien e€ T €~le 34 ~l€e €'€nanee~ ~ ap er , Fe2z ~,~ ~-o , Section A - SP (Revised 12/15/04) Page 10 of 22 E3ee}sand Hse Taffies 1}eable ~^ ~~ ~ nrn;Ar~-r must-pay--€er all Sales, -mpg 3s$ue~s--a-resale eer-t}fieate '~c '.== - ~~, : °Y -'rr---- A-26 Supplemental Insurance Requiremeats For each insurance coverage provided in accordance with Section B-6-il of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation restricts the insurance afforded covenants to mail prior writte change to: 1. 2. or material change that reduces or by this coverage part, each insurer n notice of cancellation or material Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 7846.9-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30} calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have Seotion A - SP (Revised 12/15/04) Page 11 of 22 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: Contractor must provide Iastallatioa Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Iastallatioa 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 Coasiderations for Coatract Award aad 8xecutioa To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 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 Coatractor's Field Administration Staff The Contractor shall employ •for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. Sectioa A - SP (Revised 12/15/04) Page 12 of 22 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. ' Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text:. Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders tbased on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project;, 3. A schedule of values which specifies estimates of the cost for. each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP (Revised 12/15/04) Page 13 of 22 In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section 8-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Sara Work and Change Orders Under "General Provisions and Requirements for Muxii.cipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Scecutioa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Cantract add the following: ` The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Section A - SP (Revised 12/15/04) Page 14 0£ 22 Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with .any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT IISSD) i~~ie~ te-Per€e~Y-x~f~c~we~'# -at a~t~Cit~`v nd eaeh e€ ~ t - ^ ~ € h i ~ aate~' €~aeii~'y, €he}~ ~: ' = '= the ='- r-ae- er-s, a o r-ae• e~, - e-- ee , i ; a ,,.a e~-~ ~ ~.s '' t h } h ~ r _ j - -- ~ tt: ~dK z: i ~ -- - ~ ~ a~en- ~~, ...: a-,.... /n,.«~-,,.....a-..,.. e+..~,.~-.. n...~ .,.,,~~f~ _ n,.... ~ ~.,~ . . i' .......~ ~ a::~~-tea i... ...,.. ~-7.,v ~ ~ ~Fi l~ ~ ' $ ~ ' 'l .- .. ... .., j ~~... 1'~ ~eiz~'-aC~6~' °~' ° .. ~~ =t ' s ~6i~3G . e~ E ~~wa~e~ epart~e~~- n,... ,.,,.. ~ ., ~- ~ed b att €€ ~ 3~~ ~ ' " _ _ 6 ' T~7'~ the~}ged ~ ` i triK ~ e ~ ~6gY-a a~W e-6 va.scrrcuc~6=~ xs-~13e-~ ~€ ~ t~ i t t _; ae€ have ~,.^'^ - ~ ~a i~e~se~ e~ t~te~ -ge~ee~e epa~ i~ an it€ € ~ = t ~ ~ a " 6aate~ fA -L'i€ = , ' ~ y ~ i e~~ er~-~~we~ Ye ur ~ - te r~,f-aQai-tienal rnf~~tatiar~r~e€e~-~e Attae~se$t - ~ - 1. ~ - t sed }~ 2 ~ _= C d the ~'e a}~ --~ ' -• p{i}en u CS Sa ~ an eE,~ _ I[IR p 1 4 Lr~nsperta~~@l~j ~'e}~tStallat~e~t, and , , ~~...__~___~ _r___--________-. Section A - SP (Revised 12/15/04) Page 15 0£ 22 ~-~~ €ras~ge~e~e•€e~-~-~~e-Eoetrae~or e~ his-e~tg~e~ees, age~ts~r swcvzrttuctol~-s, ~s~ ~G--ee~3cf~~3~e~--cc~a~~ ~~FEFeS a~ ~~i~'vccr~e~' -ae-}~}€~-si€e. ~lewieg--fir-ash- sv-i~-~et ~e--a~~ewe~. •..~.., ..,.~~~.,,.~,.v s~a~~ #eeg-warts areas e~ea~t at a~~ -€i~-es a~ reeve-a-i~~n ~'. eeetr~aeter~-s-gersee~e~ ~s~ wear ee~e~e~ ~~}€e~t o~=e~a~~s-~e~ t~aa e~~~rge, ~~t~e, er w~}te. ~ae~ e~g~e~ee--~~€e~-t ==_:'='_ ~r~e_€er s€i~a~~- r-e~F}fie-te~e ~l3e~es €e~-Ees E E €~~ ~ ^^v^^^., °, . e ~ g : e e~ ~ 3 ~ ~~ € ~~~ ~ ~ E ~ ~ - ~ e~ree awe-~e a-~3 . e- -ep a ~ e~ ~ i ~~ c e= *-~ . . , € ~ ~ - t ~ a~ --Ei~ }~i~ t E t ,•°-~~~~°~ °-~ ee . r as er attes ~e ttse ~ ~ ~res ree~ts. s~ rev}fie - ---- ----' t= ' .€~--'-=`-=-- - €rie~ ~~~ e st r F s ~s~ ~e- ar3~ e~ a€ ~ ? ~r ~ € ~ 3€ e ~ e ~ c _ e -a e e~s g~a- e s e~ -~~Tat ~ t t s€a€€ ~~~ E ~? i € ~ Ei~ ~ € ..~ s er egar ~te~ . es gea e ~ ~ oe r-ae er ~ ri ~i -t 8 Pa ~t * ~ s~ -t ~' s " ~- € ~ ~~ ~ ~i~ -are a ewe . . e~ e t a er ~ea• ~e c en a ~e~. e . i~ eem ve~ie~es e~ ~~ ae ~ i~ -- ~ i p persee~ e •~ . r ~ wer ~ ~g es mrxe€ mot ~ea~e-t€i ~ ~ -d } t -t r ~ ° --~}v..°'-' .... eex r~e e~g e~e e es g~a e e i~~i~ -~c~e t€ ~ ae tl t~ € ,....' -^°a - ' area Ater wa r ireog ~x gs~ ~er a~ e~ - .= - =z---- - ~.,.~ r ~~Tater ~e art~e~t h} ee~e~-~Ei~ ' ' ' = "" = -= ,.. -..._ as r ~ p ~' -_ e ~- ------= - - === = ..}. _-l ~ z Ea t ~ =i~i ~i - 8 E1~B~~TP~F~~7~£ ( ~~~ EE~d'F~~d~ ~ ~~~ . =: r.ae oi ea sr:s cia ~ T /'~/ITTT [~ TTT /1TT \ ~ - ~ € ~~ t ~a ~ ~e~}t r} ~ t € ~--~'- -~ .„ '- ~ -we~ e e- ...F.-.........a r ^ ^ te ee~g~ se er .-.,.- \..., ..,~.Fa E?t7 e ~~ a~ tr f?-lanif=~1 ~~nr7- ee~ re = _, ~: aN.-,,~~va.,.., « ,,, . _ - ~- r-----...-- -~ -t ~ } ----1 -1 z--'------ ~i t€ ~ ----------- °--" - a~}€}eati ~s -r --'----1 r--- ~ t~ ~ ~ ------~ ~ e e ~ ~e ?~s- ~~tee ~ i.e g~ e r~x ew e s ~ e ~ ~ e-tiaras € }s~i~ }est a~~}~ ta s, s p g e , ~xr~ e g; tg. , =- t=ei ate =war a~~¢er = = ee€twar~s~ e i€i ~ i ~ t* a : t~iese "r =_-"- e a -=t=---- _ g e e er req~ re y ~. ~Fe-}s rege~ar~~eegage~ is t a~c~ee~rtr~~ s~ste~t-~si~ess; pie iga-~-~te r-a~as-t e~aa~ a r- ie eater ~ase~ gre€er~~~~as-agg~i -~~~s~- °~a-te t~ ?~-ee~ie~t~~-as reg~r}re~i tree-prier ~ ='=:; ==`-'= di t~ ~ ~ i 3 h ~ ~ t13is Ee~tr-ae~ e~ ti € # t at~e € € aat a a ee~t ae ve ~-e~tgage . e as ~ereie €er~-t lea-st--5-~ea~s- e e wer ~~o = =r-__ == __ ~ste~s~egiaeer, er aa~~ee~r ~~'€6~'~t~ie .._=~= ==""}i~^~i hw 1-h - s----- 1 ~ ~ t~3 ~ b ~ iea~ ~agi~eer to s~tp i a sr\ry~i ~i~ ~i~^,:,T- r----------__..-. ~ - ~ e h ersa}se F w , , - . e~s-~e~~eeee e~ s . e e~g ~ tr- t ~ e € t ~- ~ j ee w ave ~ _ _ e i~ie -e i °° _ _ _ = ~ ~-F' ~,.~ --~ ~ ~° pe~p }trer s e e -a ~a ~ ee a g a~trse e se€twa~e-~rapese~-€er t€ie Ee~tr / -ae-t. f Section A - SP (Revised 12/15/04) Page 16 of 22 ~F 6 4 t i € ll ~ t €€ t d d = '' . e-ata ~r ~ *}ee € ns e-pe~ }lit i~~ i t~ ~ s a a~.en , e en _z~ rr= 48.6 xa3les e€ the-F-red-eel s•i€ ---fi se~ ~e maims€a}~, ~, ,.a w h 11 € ~F y-w t reps}•r, e~ „v.., i h i n e e ~ib~a-te, anc~-gregra~t theme t wh}eh is the- r € d t . e s •~ -_±?~?n~tf~ot~tre net~~ae~ie R € p~i r ~tr~ s equ ~ to tlie-ma al, a1.1 eq~ t ~ -ens pme~t e ~te a ~imu~t-gr~e~i~al e~te~tt . W~•iere thi•s~ }pent e€ a gimme:: ti r iwi~~ ai: t~2G the 6~~d £tevens Water' '"'^^~'---^^~ . e ~er ~l ~ i1€ er~~xee a d b . i ti - hi h -- f t t } = an ~nt t ~ t e-use ~xa ng w . - ee r~e or-ate ~ e~ a c € ti ~ ee~ r-ae- s E ~ - 8 T h ee-~regrems t h 1 ~ - er e ne~r~e~ ~ ~ee al 1 € } 11 ed en r a . • •e e e ~ s a• - $re required, ~E" ~ t te-Qa~thes h ~tt e-twe-systems to the-e~}st}~tg-Ei~y m le e€ t-he __ d ~ an e ' '? ~ sye pregram~tin i t d em. ae e ~lse~s.s-~l~i ~f Cit g s ~a z~ _.= eh tie C}~y-rege}res to be €}lled•-~ }th l~ h E i d ~' _ an -g ven the-p~eg~a i i t t o te y- ti~g~ies{~ d d t h nee~w ~ e anges ma ng e ~= ng ~'~e •at~aehed sheet }s an example-a~.d ll th h t -a € ' i d e ne n - e e-s~ en s ee s- xe av~a e - e ~ ega re A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Sectioa A - SP (Revised 12/15/04) Page 17 of 22 f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I.. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT IISEn) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this 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-8- 9. Section A - SP (Revised 12/15/04) Page 18 of 22 A-40 Ameadment to Section 8-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 8-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozoae Advisory (NOT USED) tie-da~wil~ $e~be-ee~ted-,a~e--~-~raer# da~a~td the-Ee~rtr~eter v~ill be eempea~ated~-t~~e-twit-~~iee i~~ieate~-ia tie ===r==~'_ - A-42 OSHA Rules & Regulatioas 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" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Chaage Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order {unit prices., hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimeasions sad Drawiags 0/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Section A - SP (Revised 12/15/04) Page 19 of 22 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due•to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) a L... ~ ., r t- ' .-., , 1 .. iix ccrc-waccx~cri-crca=eci~~-~3~~~3 ~eve~s e€ ehleri~e, vu}~l ~e t~Bed-~$~ diei~t€ee~iar~, aed ma~~e~eeed the~e~ties}ble 1}m}€s €e~ dise~targe~a A-47 Pre-Construction Exploratory Excavations (7/5/00) {NOT USED) ,., r =r =---------- Psr e~i$~iag--pipelines wh}eh~arallel and ewe daith}a tea €ee€--F1ATe€ e~itin~gipeli~es-a•€ a ~ta~imt~m e€ 3A8 €ee€~.C. a~-C-e~r~ae~e~--s~tall~ 3~~€eet ma~ime~t A . E . iiztaa:ceut:cizy-che-9WF3e~' e~-~3~~e~~~tes e3Eeaya~e~ a~3~ sL~i~'ye~e~, as V~e~~ a9~c ele~r~ieas--a~t€ie ~p~~~icti :g riY~::c.,. Cea~r~eter eha~l~e~€e~ axe ee~rsta~re~iea wer# e$ the~~e~eet~~il--all ~egar~- m~ler~atar~-e~eea~~iens small be-pe}d €er ea a ally}s-o~rst}rirt~ar# a€€er-t-E~e~epar~a~e-~ay3-€~r e~z-pler~ter~-e~eea~atiens- Section A - SP (Revised 12/15/04) Page 20 of 22 A-48 Overhead Electrical Wires (NOT IISED) (7/5/00) ... ~~~. ...... ...~.~...'.,..,.,., r.~...,,.....,.~.,.~.,, v=v'c=s~"xe&a a=eetr}eal w}ree Air ~$@~~~~~BS-@Ge~#~'8. e6~18~tY-tte~i@l~ 9e~3e~~t~L -~._a.w _ ,.. _a ,~- -°-~ - -er~a..a i -_" _~~ A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly bass. If Funds, for any reason, are not appropriated on any given year, the City may direct suspension or termination of the Contract. If the Contract is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/ remobilization cost. Such cost shall~be addressed through a change order to the Contract. Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: AMERICAN BANK CONVENTION CENTER CHII,LER REPLACEMENT, PROJECT N0.4368 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BATH ENGINEERING CORPORATIONS CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 12/15/04) Page 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 8TH day of SEPT~ER, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Malek, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,572,577.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: AMERICAN BANK CONVENTION CENTER CHILLER REPLACEMENT PROJECT NO. 4368 (TOTAL BASE BID + ADD.ALTS 1~2: $2,572,577.00} 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 BASS BID I II III V ITEM QTY Description Total Total Base Bid consists generally of _ supplying mechanical and electrical demolition to remove the exiting centrifugal chillers, chilled water pumps, condenser water pumps, cooling towers, control system, and roofing systems at cooling towers. And the installation of 3 new 450 ton- ., centrifugal chillers, new primary chilled water pumps, new condenser water pumps, new cooling towers, new roofing at the cooling towers, new 1 1 controls to operate the central plant and new and existing air handlers, LS new terminal units, new variable (Lump frequency drives, and all electrical $~) and structural work associated with the installation. Complete all work in accordance with the plans, specifications and contract documents, ~ complete and in place per $ ~. y9 g. ~o $to +®® lump sum TOTAL BASE BID: $ ~! X98' ~g6, ®~ ADDITIVE ALTERNATE NO. 1 I II III V ITEM QTY Description Total 1 AA1 LS Provide new secondary chilled water (Lump pumps and variable frequency drives Sum) for the Convention Center complete and in place per lump sum. $_ S/{ 993 +~o ADDITIVE ALTERNATE NO. 1 BID: ~ _ . s/ 993. o0 Proposal Form ADDITIVE ALTERNATE NO. 2 I II III V ITffi~i QTY Description Total 1 Provide new corrosion resistant LS coating for the existing air handlers AA2 (Lump `~U-2, AHU-4B, AHU-6, AHU-12, Sum) AHU-22, and AHU-23 at the Convention Center complete and in lace er lum sum ~ ~' ~~~ ~ p p p . • ADDITIVE ALTERNATE NO. 2 BID: BID SIINIIKARY TOTAL BASE BID TOTAL BASB BID + ADDITIVI3 ALTBRNATB NO. 1 TOTAL BASE BID + ADDITIVE ALTBRNATB ITEM NO. 1 + ADDITIVE ALTERNATE NO. 2 $ ~ L/q~lo8to.oo ~` ~~ SSd f079 . 00 $ ~, 57~,S77.oo PYnnnaal Fnrm The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 210 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 City Secretary CITY OF/~CORPUS CHRISTI By: ~J~ r ~~ Oscar Martinez, Asst. City Mgr. of Public Works and Utilities APPROVED AS TO ?~E ~~`'---- By: BY~ Asst. City Attorney ~~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to siga) Malek, I By: Title G~'D (City) (State)(ZIP) 361/888-8281 * 361/888-7257 P.O. BOX 679 (Address) CORPUS CHRISTI, TX 78403 (Phone) (Fax) ~~ ~ ( ~~ 7 o AUTHORII~ ~'~~- s~C~E'CARr Agreement Page 2 of 2 ~' P R O P O S A L F O R M F O R AMERCAN BANK COrIVENTION CENTER CHILLER REPLACEMENT PROJECT 4368 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Eorm Page 1 of 7 P R O P O S A L Place: ~i`Fy o~ ~c+rPuS ~h"sfi date: ~a/ne 9'7, ~00~ Proposal of /~ ~~,~e,~ ~ ~c. , - a Corporation organized and. existing under the laws of the State of ~9caS 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: AMERCAN BANK CONVENTION CENTER CHILLER REPLACEMENT PROJECT NO. 4368 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit. Proposal Form BASE BID I II III V ITEM .QTY Description Total Total. Base Bid consists generally of _ supplying mechanical and electrical demolition to remove the exiting centrifugal chillers, chilled water pumps, condenser water pumps, cooling towers, control system, and roofing systems at cooling towers. And the installation of 3 new 450 ton ... centrifugal chillers, new primary chilled water pumps, new condenser .water pumps, new cooling towers, new roofing at the cooling towers, new 1 1 controls to operate the central plant and new and existing air handlers, LS new terminal units, new variable (Lump frequency drives, and all electrical Ste) and structural work associated with the installation. Complete ali work in accordance with the plans, specifications and contract documents, ~ complete and in place per $ ~ •~ ~o ~ e00 lump sum TOTAL BASE BID: $ ~ `9~~ lob, ®® ADDITIVE ALTERNATE NO. 1 I II III V ITEM QTY Description Total 1 AA1 LS Provide new secondary chilled water (Lump pumps and variable frequency drives Sum) for the Convention Center complete and in place per lump sum. s S0, 993 0~0 ADDITIVE ALTERNATE NO. 1 BID: $ - ~ S/ 9y3. o0 Proposal Form ADDITIVE ALTERNATE NO. 2 I II III V ITEM QTY Description Total 1 Provide new corrosion resistant LS coating for the existing air handlers AA2 (Lump AHU-2, AHU-4B, AHU-6, AHU-i2, Sum) `~U- 2 2 , and AHU- 2 3 at the Convention Center complete and in lace er lum sum $ fir ~~~ ~ p p p . . ADDITIVE ALTERNATE NO. 2 BID: BID SIIbIl~lARY TOTAL BASS am TOTAL BAS$ BID + ADDITIVE ALT$RNATS NO. I TOTAL SASE SID + ADDITIVE ALTERNATE ITEM NO. 1 + ADDITIVE ALTERNATE NO. 2 s 021. ~'9~'. D® S ~ ~9~!0810.00 S ~, SS®, ~o7q . o0 S ~, 57.577, o0 Proposal Form 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 (1.0) calendar days execute the formal contract and wil l 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 50 of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set .forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the-names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed 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 210 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of theme following (SEAL - IF BIDDER IS a Corporation) addenda is acknowledged (addenda number): Respectfully submitte Name : ~ a~~ (SIGNATURE) Address: P.Q, ~o9t ~~9 (P.O. Box) (Street) CoP us C~rs~; 78f4p3 (City (Sta e) (Zip) Telephone: L3~i~ g'$'~- ~~8'D NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form P E R F O R M A N C E B O N D BOND NO. PRF08962261 STATE OF TEXAS § FOIOW ALL BY THESE PRESENTS: COUNTY OF NUECE3 ~ THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FrnELZTY & nFposrm rn nF ARVr.AUn *. a corporation organized under the laws of the State of MARYLAND , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO MILLION, FIVE HUNDRED SEVENTY-TWO THOUSAND, FIVE HUNDRED_ SEVENTY-SEVEN AND NO/100($2,572,577.00) 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. p THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the '~~ principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of SEPTBbIDER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: AMERICAN BANK CONVENTION CENTER ~*~:~ CHILLER REPLACEMENT PROJECT NO. 4368 (TOTAL BA38 BID + ADD.ALTS 162: $2,572,577.00 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 1' in full force and effect. ,.., PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. 1 4_ 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 f ~•~ This bond is given to meet Vernon's Civil Statutes of Texas, ~? the State of Texas. the requirements of Article 5160, and other applicable statutes of 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 WSEREOF, this instrument is executed in 4 copies, - each one of which shall be deemed an original, this the 18TH ~ ` day Of SEPTEMBER 2O 09 y PRINCIPAL MALEK, INC. By. l~oua ~,~e~~ CEO t (Print Name & itle) ATTEST IrY~ ~ ~ ~4 ~CS ~' ~ q. t c. . e e (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF Y MAR LAND COLONIAL AMERICAN CASUALTY & SURETY CO. By: .~ Attorney-' fact MARY .T,T,F.N MOORF (Print Name) AgeIICy: 5WANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Add2'ess : P, O . BOX 8 70 CORPUS CHRISTLs TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 ~. i. ~- STATE OF TERAS § COUNTY OF NUECES § P A Y M E N T B O N D BOND NO. PRF08962261 F~TOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, ~ hereinafter called "Principal" , and FIDELITY & DEPOSIT CO OF MARYLAND * , a corporation organized under the laws of the State of MARYLAND and duly authorized to do , business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the ~ City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the ' work referred to in the attached contract, in the penal sum of TWO MILLION, FIVE HUNDRED SEVENTY-TWO THOIISAND, FIVE HUNDRED SEVENTY- SEVEN AND NO/100($2,572,577.00) DOLLARS, lawful money. of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents : * COLONIAL AMERICAN CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day SEP'~'R~~'•R 20 09 a copy of which ~ is hereto attached and made a part hereof, for the construction of: AMERICAN BANK CONVENTION CENTER CHILLER REP?:ACEM~'i' PROJECT NO. 4368 (TOTAL BASE BID + ADD.ALTS I&2: $2,572,577.00) 2iO~T, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplyinq labor and material in tr:c 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 oz which modification to the surety is hereby expressly waived, then this cbligation stead be void; Otherwise r0 remain in full farce and effects PROVIDED FURTHER, that if any legal actit~n be flied upon this bond, venue shall lie in ~iueces County, `i•exas. mid trial said surety for value received hereby stipulates that ro change, extension of time, alteration or addition to the terms q cT the contract, or to the work performed thereunder, or the plans, :j p L:Ciii V(ZtiorlJ, iir clW lrii~.i, ::t C , c1~VJiii~iuriy ir',Cj tiii~ ..:i c3i'Ci.c .~riuli ir-L ~ny`rFiSe affect i tS Obligati On ~r} thi S rtiOP~r _rf=s ; t ~ 3F_,~~ 'r:--~ Waive nG%Ce Of tx.iV 3ucf C(Tang2. 2xtei`~S ~On v^% ~. ~«~~, ~ it is at ~_ n uudit~;n tc the ter ~:s of the ;.ontract, or tc the -~acrk to re -._,. _ ~_ 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 18TH day Of SEPTEMBER ~ 20 09 - PRINCIPAL MALEK, INC. ~1 -~-~ By: ~o~ ~~~ . C~'0 (Print Name & T~t1e) -- ATTEST _~,~~~~~ ~ice~~l.~l~ ~P~ (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO By: Attorney, -fact MARY ELLS ` MOORE (Print Name) -==~ =~-~~~ : SWANTNER & GORDON INSURANCE AGENCY -=-- - -_--_ - - MARY ELLEN MOORF'. _=~.~:.:..~~ = P.O. BOX 870 C'nRPiiS C'HRT.~TT ~ TFXAS ~Ran3 Ph®ae _NTtarber - 3.6.1-88.3-1711. 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 ce of authority granted by Article Vl, Section 2, of the By-Laws of said Companies, which ar 1~`" erse eof and are hereby certified to be in full force and effect on the date hereof, do i , co o d ary Ellen MOORE, R. M. LEE, Michael A. WHITNEY, H.M. CA . DUNCAN, all of Corpus Christi, Texas, EACH its true and lav~~~t ~ e ,execute, seal and deliver, for, and on its behalf as surety, and as its a ~ nd n ertakings, EXCEPT bonds on behalf of Independent Executors, Comm ° v and cans. and the execution of such bonds or undertakings in pursuance of these s , s 1~in on said Companies, as fully and amply, to all intents and purposes, as if they had been duly a a~irdwledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own pror 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 extract set forth on the reverse side hereof is a true copy 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 o>:vns~. 'a '~ a '~ v'° ° sBA>~ W ~ O 1~'if T MME ~'~ r 4 a..n~ 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 ~~ ~ "~+/; 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 are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~,,,m~ri^,,, . .,.,, i ~. :, ~, r.. 11~1y~~~ti~; I..CTr`'ry~,c=~jr".C`~ .a-.vttir r'~~nna~`` Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 168-9883 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 require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and 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 VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to afl-ix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or 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 1~TH day of SEPTEMBER 2009 Assistant Secretary o ~ Fidelity and Deposit Company of 1~Iaryland er~ j Home Office: P O Box 1227, Baltimore, 4fD 21203-1227 [NIPORTA.tYT 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: 1-800-654-51 S5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Boz 119104 Austin, TX 78714-9104 F~1Y >~ (512) I7S-'(771 PRENIIUN[ OR CLAIM D[SPUTES: Shor"old you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of N[ai-gland or Colonial American Casualty and Surety Company. ff the dispute is not resolved, you may contact the Texas Department of Insur~u~ce. ATTACH THLS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. s.. s"~~ !rr.v) ,ow~o i ) ~isc~la~~~-c ~tater~~ent ~~1~I~ Z~IRECH AGEPJT,BRf7KE~R ~C~l~SPEHSATiQN plSGL4St3R ~ ~'~~ ~ ._,.'}~~, v~~ ~C~~ ~`;~~. ,. , _ .: s ~'~~~~ ~. _ _ fir, t~~ ~~ ~~ -_. _. _ - _ _ ~~-~: t~r~~~f~: dew ' E~°' _ . _. ~ _, ?_':_r. -~'~.R~ ~,~~{~ ~i~fc~t.~'~L~~,j !~ ctC1~E`"5'.Fi r, .-''¢~~.t Cri#?' ~}t,_ _, ~' "_"_ ,_ ..~ ` ., _ :~aer`~t ~_ L .., ;, _. ~S:` t ,~y~E,r ;v~;+,if w~i?3~33"Fy 5 ?Rte" ='~ "' tf'ta ~,~i..:'i=~,~t ~:.f ftlStlfd! ,~ ~': ~ ?' ~. ~? !itt:rt tllt3~,(1y IR~u~7 ,: - :3~("+~+~5 I` i~H` R,}flit¢~'t~. 1?~~i~..: _ _. :, !' . '. s ""s~7`t'~ ~3f {t`wy f'`,.. _ .....- - _ - _ ~3c _ ~~f~~fS ~~ki`? r":"-.~s~~' "~~,u! ,~~..i~ ~~~i ~«T"4? ~h VrGK'~r .. _ ... '_ -.. .., IV' i;~2 ~~'J~ I ~?~. .y' ~_'; _ -. ~~i ,~ 3. -a~`c~~"_ ~I7t~'h3f13f~ B~u~US. .._ ~~ ~"., _. ~a~~C~~ ~~'~I ~;', ~ ,. ~ _ _ :1C .r:~'r 'F~~=I; 3 _ ,_ ~_ '~a;~ 'r~,-. - ~,._ ~,~r~~ C',f t~ ~ ' c~t`.~~#u ~ ;`` f~ ~'~~~~ctl4~~I1 ~t,r ?. i =., ~~~ _rr ?;;:jF ° ~, ~~ 1 ' ~ _. ~ . , 25~ ~iE'~~~ ~~ fv:~ ~ttj~:'ivlCY'N.Zilti~~f'(~.Gf)fC1_ `~.~ ~"`~^ - , -. ~ ,. ~ << 11.E _~° ~ _ _. ~_ .. _3 _ ,}48§:,':~~ittf~ S~uT _ , ~ ::L'r~~rFr,~l.1 t~g~;<~'~k' +.._ _,.~_ ~~~yrl<~, J I~?l~;,t.z~(~~S - , t '-`~ _ ,. ,~ -~-- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME ~at,b2.N . ~/lG. P' II STREET: P•d• QoX (07~I CITY: ~o~a~s ~ns1~~• _ ~, ZIP: X8103 FIRM is: 1. Corporation ~ 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. .State the-names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) ~~~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title ~'~A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee ~~/~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Consultant ~~~ 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 C/hristi, Texas as changes occur. ' ~ ~ Certifying Person: ~'~'~~ /Yl~/~ Title: ~~ ~/trSiarc.~ (Type or Print) ~. Signature of Certifying Person: ~`~~~" Date: ~D '®~-®~ 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. "Finn". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads- and 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. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 7 of 7 ~~ CERTIFICATE OF LIABILITY INSURANCE oP ID ,~cCp DATE(eWDDIYYYYI~ 1n1Lt10C1 09/28/09 a THIS C ATE IS i88tlED A$ A MA OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERT1t-KATE SMaataer i Gordon tas ]-Qcy-CC HOLDER. TINS CERTN~ICATE DOES NOT AINEND, EXTEND OR PO Bbac 870 ALTER THE OVERAGE AFFORDED BP THE POLICIES BELOW. Corpvls Christi T7[ 78403-0870 Phona:361-883-1711 >Raat361-844-0101 NrStIRERSAFFORDIIIGCOVERAGE NAICi asuReo aeuRERw Soutbesn V Iae Co 109]5 MISURER a Sauthera Insurance 0 1921611 llalek, Inc. y-ttn: s'z >~alek INSURER C. Texas 2totval Ins Ca 22945 P O . . 99 s INS3~ER °' ti TZ 78403 Coazpas INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEER ISSUET) TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NDTW ITIIBTANDINO ANY REOUIREAiEM, TERM OR CONDITION OF ANY CONTRACTOR OTHER OOCUAAB4T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ESUED OR MIRY PERTADi, 7HE 11llJRAMC~ AFFORDED 8Y THE POLICIES DESCRIBED NEREMI IS SLIB.IECT TO ALL THE TERMS, f)ICLUSIDNS AND C01401i1pN3 OF 9UCIi POLICEA. AtiGREtiATE LaaTS SFgwN MAY HAVE BEEN REDUCED BY PAID CLAal6. LTR TYPE OF POLICY NUMBER DA OATS LIARS GElERALLIABNITY EACH OCCURRENCE S 1,000,000 1- 8 coMMERauGENERUIUeuTY C1~563621601 12/31/08 12/31/09 PREMMEStEaoooeenos s 100,000 CLJ1Nu16 MADE ®OCCUR i MED ExP (Arty one Pte) ; S s OOO PETiSONALaADYINJURY 51,000,000 ~ Per PrOjlCt lieA ~ tiENERALAQGREGATE 52,000,000 GEN'L AGGREGATE LaAIT APPIJES PER: PRODUCTS - COMPA7P AGG 5 2 O OO r OOO POLICY x ,~ LOC B.a. 1 oaa aoo 8 AUTQMOaLLE WAMLITY 7[ aNYAUTO H7-P563621?O1 12/31/08 12/31/09 COMBINED SMGLE LO111T (EaeoddaA) ,000000 ul owNeD Auros ,/ eDDILY IrwRV 5 SCHEDIA.ED AUTOS (~ ~~~ 2: Hk~ED AUTOS 80DILY IPWRY 5 x N~FOWNED AUTOS (Per aocldrnl 5 {Per{Per aoa'Aent IiARAOE ~p~Y AUTOONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC S - AUTO ONLY: AGG 6 EIICEfE/INALIABILITY EACHOCCUaaENCE ,000,000 8 ][ oocuR ~ cLAansMwoE tAm563621801 12/31/08 12/31/09 AGQREGATE s 5,000,000 s ~DUCTIBLE s a RETENTgN Flo 00 5 ' Y TORV LIMITS ER C LUUNLITY AND EMWYERB ~~ uTIV~T TS!'0001139713 12/31/08 12/31/09 E.L EACNACCEEN7 5 1, 000, 000 ~ IXc (w~lM~ -~-1j % E.L. DISEASE-EAENPLO 51,000,000 ~~ ~ ~, E.L. DISEASE -POLICY LIMIT S 1, OO O , OOO 11 Jl OTTER / Iastallativn lltr Y itrstd/LSd 01118543521601 / CJ11P563521601 12/31/08 12/31/08 12/31/09 12/31!09 / last 81tr v 1,000,000 Ratd/Led 100, 000 D~IPIION OF OPERATgNb / IOCATgNS / VEHICI.EB/ EItCL11pONB ADOiD BY ENDONT 1 SPEOIAL PRONa01a Project >ltae~Els Aissricaa sank Conveatian Center C6311er itepisces-es><t Project >I1o. 4368 - . The City of Corpus Christi is aassd as additional insured on all General Liability and ali 1-uto Liability policies. (See sod~orsemeuts attached.) ~;en nrww I e nvruen v++~~~ ~ ~~ City ofCorpus Christi mtQineeriaQ Services ~ttn i COntraCt ~=IilstratOr P. O. Box 9277 Ceraus Christi T]C 78469-9x77 CICO-CC EIIDIItio ANY of TIE ABOVE DESCRIBED POLICIES aE CANCO.LED s~oa~NE ExwRATra OATS TNETB!OF, THE BiStIIIRi R YgLL ENDEAVOR TO BY11L 3 0 / OAYB MRRTEN NOTICE TO THE ClMTF1CATE NrII.DER NAMED TO TIIE LET, BUT PAIWRE TO DO SO SHALL B!O!E NO OBLNiAT10N OR LIABN.ITY ~ ANY KND UPON TIE Bi9FJRER, ITS AGENT8 OR The ACORD Warne and logo are ragbtared TIS1Tks of ACORD IMPQRTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy('~es) must be endorsed. A statement on this cert'rficate does not confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subject to the terms and oand~fons of the policy, certain pdicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or aver the coverage afforded by the policies listed thereon. ss Additional Insured -Primary Coverage This endorsement changes the policy. Please read it carefully. ;' This endorsement modifies insurance provided under the following: ~/ Cornrnercial General Liability Coverage Form Schedule Name of Person or Organization: * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT T~PITH THE NA>EED INS~TRED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAIdED INSURER'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON BILE WITH YOUR AGENT. Who is an Insured {Section il) is amended io Furthermore, the following is added to paragraph 4., include the person or organization shown in the Commercial General Liability Conditions (Section Schedule, but only with respect #o such person's or IY): organisation's vicarious liability for your negligent acts Or omissions committed in the course of your 4. Other Insurance ongoing operations performed for such person or organization, and excluding any negligent acts or d. The insurance provided by this omissions of such person or organization. endorsement is primary for the person or organization shown in the Schedule. Other insurance afforded to such person or organization will apply as excess and not contribu#e as primary to the insurance afforded by this endorsement. ~ ~C CG R002 1008 Page ~ of ~ ~.~, ~. a~sd~zt6oi Republic PI u s+ General Liabili This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: v~~ Commercial General Liabllity Coverage Form With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. _~.~ 1. Medical Payments Subject to the terms of Section III - Limits of Insurance, the Medical Expense Limit is the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. Under Section I - Coverages, Coverage C - Medical Paymen#s, paragraph 1.a. (3), subparagraph 2, is amended to read as follows (2) The expenses are incurred and reported to us within two years of the date of accident 2. Supplementary Payments Increased Limits Paragraph 1 of Section 1 - Coverages, Supplementary Payments - Coverages A and B is amended as follows: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations ar+sing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Additional insured by Contract, Agreement or Permit Section li - Who is an Insured, is amended to include as an insured any person or organization you are required by a written Conti act, agreement, ~ permit to name as an insured, but only with respect to "bodily injury" or "property damage" arising out of such person or organization's vicarious liab~ity for your negligent acts or omissions committed in the course of your ongoing operations performed for such person or organizafion, and excluding any negligent acts or omissions of such person or organizafion. This insurance does not apply to such person or organization unless the contract, agreement or permit is made prior to when the "bodily injury" or "property damage" occurs. 4. Non-Owned Watercraft Exclusion g. of Section I -Coverages, Coverage A Bodily Injury and Property Oamage does not apply to any watercraft under 51 feet long that is neither:. a. Owned by you; nor b. Being used to carry persons or property for a charge. This additional insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. 5. Brosd Notice of Occurrence Paragraph 2.a. of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are noted as soon as practicable of an "occurrence" or an offense which mad result in a claim. Knowledge of an 'occurrence" or an offense by your "employees" shall noi, in itself, constitute knowledge io you unless your partners, "executive officers", directors, insurance manager or risk manager shall have actually received notice. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any insured persons and witnesses; and (3) The nature and location of any injury or damage arising ou# of the "occurrence" or offense. The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions: e. If you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the CG R029 D6tl4 Contains Copyrighted Material with Permission, Page 1 of 3 InaUranCR Services ORca r~x, ~. ~~ziboi occupied by you with permission of the owner, arising out of damage" to premises, while rented to any one hire, lightning, explosion or sprinkler leakage "occurrence". a. Coverage under this provision is afforded only until the t 80'"' day after you acquire or form the organization or the end of the policy period, whichever is earlier; Sut~ject to all the terms of Seaton lil - b n uvera~e A does not apply to "bodily j ry" "property damage" that Limits of Insurance, the Damages to occurred before you acqutred or formed Premises Rented to You Limit is the the organization; and grey#er of: c. Coverage B does not apply to "personal a. $250,000; or ~ and advertising injury" arising out of an offense committed before you acquired b. The amoun# shown in the or formed fhe organization. Declarations for Damages to Premises Rented to You Limit. 11. Blanket Waiver of Subrogation Paragraph 4.b.1.b. of Section IV - Commeraal General Liability Conditions is amended to read (b} That is Fire, Lightning, Explosion, Sprinkler Leakage or any similar insurance coverage for premises rented to you or temporarily occupied by you with permission of the owner; or 9. Extended Property Damage Exclusion 2.a. of Section I -Coverages, Coverage A Bodily Injury and Property Damage is replaced by the following: a. "Bodily injury" or "property damage" expelled or intended from the standpoint of the insured. This exdusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 10. Newly Formed or Acquired Organizations Section IV -Commercial General Liability Conditions, item B. is replaced with: 3. Transfer of Rights of Recovery Against Qthers to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those righ#s are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured contract" signed prior to an occurrence or offense, we waive any right or recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising our of your operations or work for that person or organization. Paragraph 4, of Section it -Who is an insured, is replaced by the following: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, wtll qualify as a Named insured if there is no other similar insurance available to that organization. However. '`"ate... ~~~.. _ , CG R029 0604 ~ Contains Copyrighted Material with Permission, Page 3 of 3 Insurance Services Orrice lyaleic, Inc. BAPSb3621701 V , Blanket Additional Insured This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the fallowing: i3usiness Auto Coverage Form Garage Coverage Form Truckers Coverage Form The provisions and exclusions that apply to Liability Coverage also apply to this endorsement ..~_ Where required by contract, the names and You are authorized to act for the additional insured addresses of all additional insureds on file with the in all matters pertaining to this insurance. insurer or the agent is an insured, but only with respect to legal responsibil'~ for acts or omissions of We will mail the additional insured notice of any a person far wham Liability overage is afforded cancellation of this policy. If the cancellation is by us, under this poky. we will give ten days notice to the additional insured. The additional insured is nat required to pay for any premiums stated in the policy or earned from the The additional insured will retain any right of policy. Any return premium and any dividend, if recovery as a claimant under this policy. applicable. deGared by us shall be paid to you. `fir Vw~ i 1 CA R006 0202 Page i of 1 lyalek, Inc. BAI'S63b21.7O1 _Bianket Waiver of Subrogation ~ ir..~~ This endorsement changes the policy. Pleasa read it carefully. This endorsement modifies insurance provided under the fallowing: % Business Auto Coverage Form // C3arage Coverage Form Truckers Coveraoe Form Where required by contract, Loss Conditions A.5., "Transfer of Rights of Recovery Against Others to Us", does not apply if the persons or organizations are on file with the insurer or the agent. ~ ~.... ~. CA R002 0202 Page i of 1 Hs1ek, Ittc. POLICY NUM6ER: CMP 5636216 0>d COMMERCIAL GENERAL LIABILITY CG 02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: - /COMMERCIAL GENERAL LIABILITY GOVERAGE PART ~! LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILRQAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces Or restricts the insurance af#orded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE i, Name: * SEE BELOW 2. Address: 3. Number of days advance notice: 30 ** Information required to complete this Schedule, if not shown above, will be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED 8Y i~RITTEN CONTRACT WITH THE NAND INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED ZNSURED'5 GENELiAL LIABILITY CERTIFICATES ARE ON FILE WZTH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM J CG 02 fly 12 04 Gr771S0 Properties, Inc., 2003 Page 1 of 1 D TE 02 02A CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number `~ 12!31!07 BAp563621701 Named Insured -,~ ~ Malek, Inc. Countersigned b (Authorized Representative) THIItTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 Authorized Representative: Name (Printed): Title (Printed}: /~ ..~----- ~~ . ~~__ -- R. M. Lee Managing Partner FORM TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Te3ras Standard Automobile Endorsement (Ed. Effective 3/92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Infoanation Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: ~/ City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 12/31/07 Policy No. Insured Malek, Inc. Insurance Company WC420601 TSF00011397/13 e.~' Countersigned By: Name (Printed): Endorsement No. 3 t/ R. M. Lee (Ed. 7-84) Title (Printed): Managing Partner ® WORKERS' COMPENSATION AND EMPLOYERS ~~~~~~~~ LIABILITY INSURANCE POLICY fi Ins~noeCompony WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We wil! not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefd anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule t . ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization{s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE ! NFORMAT 1 ON PAGE . This endorsement changes the policy to which it is attached effective oh the incepfion date oT the policy unless a different date is indicated below. (The fdlowing "attaching louse" need be completed only when this endorsement is issued subsequent to preparation of the pdicy.) This endorsement, effective on at 72:07 A.M. standard time, forms a part of Policy No. TSF-000 t 139713 20071231 of the Texas Mutual Insurance Company Issued to MALEK t NC Endorsement No. Premium $ C ~~~ Authorized Representative wc~soso4A tEC. t-0t 20001 AGENT'S COPY JGRODELA 12-26-2007