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HomeMy WebLinkAboutC2009-429 - 9/8/2009 - Approved2009-429 rv12009-245 09/08/09 ~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 NI S O F C O N T R A C T S A N D B O N D S F O R CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 '_ ~ _- ~ 5656 S. Staples, Suite 110 Corpus Christi, Texas 78411 Phone: 361/992-2284 Fax: 361/992-2287 A Texas Registered Engineering Firm #862 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 10034 DRAWING NO: AP-133 ~~? ~9 o~~/~ (Revised 7/5/00) CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3, PROJECT NO. 10034 Table of Contents NOTICE TO BIDDERS (Revised ~/s/oo) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised x/5/00) Worker's Compensation Coverage For B}zilding 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 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~a ~~ ^r•ic scc yr=•m c~e (NOT USED A-18 Schedule. and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification ~ 2}~~c ~:7~^ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised ~/5/00) A-24 Surety Bonds ~} ~5 ~ ~ ^'--• ~--°--~~n NO LONGER APPLICASLS (6/11/98) (NOT USED) 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 35 ^' .. T, .. ~_,.: , ; .. • r _, a^^. a,.,~ (NOT USED) A-36 Other Submittals {Revised 9/18/00)' -3a Amended-~ng~ea~e~r~-aid ~ (NOT USED) 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 (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98} A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00} ~4~$ r,, .. -,i „c v~..ti,i„ nt.,i.. .,~,,,a rr.,~-e~.. i~i~i~.,~ (NOT USED) ^--ri $i~'e n,.,.,,.3.,.,,,,~-:,. c+.,,.,t.. ..f..,.. c+...,.,.~-,tom.. ~~~c/nn~ (NOT USED) A-48 Overhead Electrical Wires (7/s/oo) A-49 Amend "Maintenance Guaranty" (8/24/00) PART B - GENERAL-PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS Division 1 SECTION 01100 - SUMMARY OF WORK SECTION 01200 - PROJECT COORDINATION SECTION 01300 - SUBMITTAL PROCEDURES SECTION 01550 - CUTTING, PATCHING AND DEMOLITION WORK SECTION 01600 - MATERIAL AND EQUIPMENT SECTION 01900 - CONTRACT CLOSEOUT 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 15760 - CENTRIFUGAL CHILLERS SECTION 15940 - TESTING 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 NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3, PROJECT NO. 10.034; consists of Providing a new centrifugal chiller for the central plant. The work will involve the installation of a new primary piping and primary pumps for the new chiller. Electrical work will include the installation of a new motor control center and new breaker for the main witch board to power the new motor control center. Provide- direct digital control system modification such that the new chiller is integrated into the existing control system. The systems are to be complete including any other essential electrical, mechanical, and structural work required for a complete operating system, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 .m. on Wednesday, August 26, 2009, and then publicly opened and rea Any id received after closing time will be returned unopened. A pre-bid meeting is scheduled for 2:00 .m. Wednesday, Au st 19, 2009 and will be conducted by the City. The ocation o t e meeting wl e the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- . responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will- result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in goo con ition wit in two weeks o~Tid 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 INSUItANC13 MINIMIIM INSIIRANCS COVSRAGB 30-Day Notice of Caacellation required on Bodily Injury aad Property Damage all certificates PLR OCCURRSNCB / AGGRBGATB Commercial General Liability including: $2,.000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 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/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term. X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED ^ NOT REQUIRED ra.yc, i vi ~ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have nay questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B ~~~ ~~~ Page 1 of 11 ~~~~~ ~~I1~~~Il~~~~~r~ ~~~~ `fl'1TLE 28 IlVSiJRANCE PA>~T 2 TEAS DEPI~RTMETVT OE II~TSUR~TCE, DI~IISIO~ OF WORKERS' COMPElVS1~TI0I~T C)E~PTEIZ 110 REQUIRED 1'~OTICES OE CO~TERAGE SU~C>I~PTER ~ EMPLOYER NOTICES RflJI,E §ifl®.11Q1 Red®a°tang ll~ega~ii~~a~a~a~it~ ~®r ~~aal~afl~~ ©a° (C®~a~$~n~~®pn ~a°®~~~fl~ ~®a° ~~~a~n~nen$~ Eyn~fla~~ (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 T WCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Com~i~issior, 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 tune 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 foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the pro~rision 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 connmission'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 admiiustrative 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, (~ provide a copy of the certificates of coverage to the commission upon request and to a_ ny 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 Crraphic Page 3 of 11 (d} A contractor shall: (I) provide coverage for its employees providing services on a project, for the duration of tl~e 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 fzle 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 34 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, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification 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 curren# 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 ne~T certificate of coverage showing extensio~i 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 ntle 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 axe 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 a$er January 1, 1996. S®an~-ce l~®tee 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) "REgUIRED WORKERS' COMFEI~jSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construca`ion pr oject must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's, failure to provide .coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self=insure issued by the commission, or a coverage agreement (TWCC-81, TT~ijCC- 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 X406.096) -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, off ce 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 seT°vices on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded. the contract. D. If the coverage period shown on the contractor .s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certt~cate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certif cotes 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 past 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 vary 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, for the duration of the projeci,- (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 ena's 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 cert~cate 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 o, f coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers` compensation coverage for the duration of the project, that the coverage will be based on proper- reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission`s Division ofSelf- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties; or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS CCIA TERMINAL BUILDING ADDITION OF CHILLER N0. 3, PROJECT NO. 10034 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetia Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, August 26, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: 82D PROPOSAL - CCIA,TSRMINAL BUILDING ADDITION OF CHILLER NO. 3, PROJECT NO. 10034 Aay proposals not physically is possession of the City Secretary's Office at the tune and date of bid opening will be deemed late and nonresponsive. Later proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of nay proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to nay 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 sad time of the bid opening. A pre-bid meeting will be held on Wednesday, August 19, 2009, beginning at 2:00 pm. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion~of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The project consists of installing a new centrifugal chiller. The work will involve the installation of a new primary piping and primary pumps for the new chiller. Electrical work will include the installation of a new motor control center and new breaker for the main witch board to power .the new motor control center. The project also includes a direct digital control system modification such that the new chiller is integrated into the existing control system. The installation is to be complete including any other essential electrical, mechanical, and structural work required for a complete operating system. Section A - SP (Revised 12/15/04) Page 1 of 22 A-4 Method of Award The bids will be evaluated based on the Total Base Bid. 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 Boad (Must refereace Project Name as ideatified in the Proposal) (A Cashier's Check, certified check, mosey order or bask draft from say State or Natioaal Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 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 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. "Section A - 3P (Revised 12/15/04) Page 2 of 22 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 Ackaowledgmeat of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Coastruction. Ira ease ^F ^^-'F"^`, ~e~t~e~e~' shall tree Mir~imu[n Prevailing Wage Scales The Corpus Christi City Council has determiiaed the general prevailing minimimi hourly wage rates for Nueces County, Texas as set ant in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, worlanen, and mechanics employed by them in the executian of the Contract. The Cantractor or subcantractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, worlanan, or mechanic ~nployed, if such person is-paid less than the specified rates for the classification of work performed. 'i'he Contractor and each slabocuitractor must keep an accurate record showing the names aaxi classifications of all laborers, worlmlen, and mechanics employed by them in coamectian with the Project and showing the actual wages paid to each worker. The Contractor will mike bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls fran all subcontractors and others working an the Project. These documents will also be submitted. to the City ~,g;naE?r bi-weekly. (See sectian for Muwrity/MSsiority Business Enterprise Participation Policy for additional regairemesats conapming the proper farm and COriterat of the payroll submittals.} One and cane-half (1'f~} times the specified hourly wage must be paid for all hours worked. in excess of 40 hours in any ors week and for all hours worked on Sundays or holidays. (See Sectian B-1-1, Definitian of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hear notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess 1-800-344-8377, the Lone Star Notification Y at 1-800-669-8344, and Verizon Dig Alert at 1-800-483-6279. For the Contractor's canveaience, the following teleplxane numbers are listed. Section A - SP (Revised 12/25/04) Page 3 of 22 City Engineer Project Engineer Bath Engineering CoYporation Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & xecreatian Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal/Fiber Optic Locsate Cablevisian ACSI (Fiber Optic) I(MC (Fiber Optic) ChoiceCan (Fiber Optic) CAPROC[t (Fiber Optic) Brooks Fiber Optic {~7) A-12 Maintenance of Services 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 857-5000 (857-5060 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 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and .nature of underground utilities, etc. However, the accuracy.-and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.}, flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs,. adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (Revised 12/15/04) Page 4 of 22 A-13 Area Access aad Traffic Coatrol Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum. adverse impact on the accessibility of the museum and public. This may .include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies .of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Squipmeat Spillage and Trackiag The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without. any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Sxcavatioa aad Removals The excavated areas. behind curbs and adjacent to sidewalks and driveways must be filled. with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - 3P (Revised 12/15/04) Page 5 of 22 A-17 Field Office NOT IISSD A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR 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 The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. Section A - SP (Revised 12/15/04) Page 6 of 22 The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Tdn ctoui~tar• • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line} (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-20 Testiag aad Certificatioa All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs NOT IISSD ~~-Ee~traete~ m~st~s=~ the ~e~raete~ ~The~`~c } L. n • a n i ~ Section A - SP (Revised 12/15/04) Page 7 of 22 A-22 Miaority/Minority Busiaess 8aterprise Participatioa Policy (Revised io/9s) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 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.O~r 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, Section A - SP (Revised 12/15/04) Page 8 of 22 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% 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. Goals 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 Participatioa Minority Busiaess Enterprise (Percent) Participatioa (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. Section A - SP (Revised 12/15/04) Page 9 of 22 A-23 Inspectioa Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Boads Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the. City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (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 Sxemptioa (NOT IISBD) ~Aetia~3 $ 6 ~~, ~zie-E-ieem~ptiert P~eaisie~, is deleted }~ its e~~i~e~y-aid the i i ~ r she ~'~eaeas Amt}~is~~at}ve Eede, e~ etteh e~he~ ~~~es e~ ~eg~iatie~s as may be r°""""1-y°~°d-'~~ ~~ ~"^F:ai~'e~~e~' e€ Elie ~laeet~~s e€ Te3eas 3-~xn ~~~eeeessa~f-sales-~a3e~e~ni~s f~em bhe State ^ ~ „ Section A - SP (Revised 12/15/04) Page 10 of 22 NN A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78464-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying- that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section 8-6-11 (a) of the Contract, the Contrac~ox shall obtain an endorsement to this coverage stating: Section A - SP (Revised 12/15/04) Page 11 of 22 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any. time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the. work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph {a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk-or-Installatioa Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk-or-Iastallation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such 8uilder's Risk-or-Installatioa Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Coasideratioas for Coatract Award sad Executioa 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 Ad~ai.aistration 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: Sectioa A - SP (Revised 12/15/04) Page 12 of 22 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2_ Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City ffiLgiaeer's obligation to execute a contract for this Pmject. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the 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 8-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3} apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; - 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A - SP (Revised 12/15/04) Page 13 of 22 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 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, infora-atioa 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 Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor 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 aclazowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions an,d Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following.: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. - Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12J15/04) Page 14 of 22 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-Sid Meeting referred to is Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable}, construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT IISED) All ma~e~}als-~:d er~ipme~t u sed i ~~.e ..~ Mw ,..~ -o.~~--~e~~ee~e i~ ~ s~ ~n ~e ee~ta , Gm~ ~ e ~d ~i } l Sta~a.:va., T....~.~„~~~*T ..~:,. .,_, e~ can a ear-f~~-~ to Amer a ns. a.. a n... ~ as -, ~-. Section A - SP (Revised 12/15/04) Page 15 of 22 711.1 tr=s~ geee~a~e~ ~~€~e Ee~~~ae€ees e~ die emP~e~ ees, ages€s, e~ o"cm~'cvi2czac ce~'9, HlLis~ ~e ee~t~aiae~-a~ a~~ -~f~'4ke9 a~ ~~3e W3t~~ €aei~i~,~°=tee. a~evai~g €~as~ va€~~ ee€ ~e a~~ewe~-~~e Eeae~e~ -o ccp- rvxas aiec'ce e~eaa a€ a~~ ~i~es ai3~ ~eiHvr~a~~ $1~'39~! s+ C°s't"• ato 1a~ "•ovi2s2ez [ "ac 's ~~aa e~aege, ~€~e, e~ w~}€e. car ee~e~'e~ 7333€€ei''tlk eee~a~~s 6~~3ei~ $ae§ e~ag~e}~ee ~€ees ~t~s~~~~eTi~ i~a~~-fie-deg#e~ree awe-~e~ a ~a~ab~e €e~e~~~-ae~e~trse- . ? ~°ntraeee~ ~s~-~e~ use a~ , E}€ - € }~}~ € E ~ , ~ X148$-~~'e'd~~e E~y~3~~~ni t~r,i f~rii ? -l 3 ?~3.3- Cep€~ae€e~' ~re~€e ~ ~ - ae ~-yes ~ee~s. e ~•ae-€ees =~==.... ~ = a T ~ $ ~ i d i es 1~ttts aps}g~a€e~ ~~-E€~~-`~Ta€ees ~ega~ e P ~ ee a es gn~~e --s de, as ~~ee€ spa€€ ~~ Ee~€~ae€ees eel}ekes L, :..1 ., .. , , ......-..i s. n wT e aSC a a a, ....., S ' f~i ~ '£ ~ ~ ~~ $ ~~ 2iSG SGa SSViIGR G D 2 ri ri9G3 48 a e~ ~ea ~ea a33 ~ ee~~ae~e~ e ~s Fees t~tt~s~ ~e~ , ~ i ~3 d 3 € ~ ~ i ~ ~ area ~e~ vaa~:de~ ~~~~v~g~ a~t3~~tt e~' as-~#~ee~e~ ~ --Ei~ +~-Aia€ees ~ ea r~ ~e es ~a• e --ee~~s- ~~tc~ er: }~~}ags~~~e~ €~aa €ees ~eq~i~'e~~~# a~ ~,,, a,.,,.. _~ ,. - e a~€~ ~ ~ .,~. g e • TnnTTT C.TTT/~TT~ ~:~F--vae~~ ~e ~e em€e~1e~ €~e-~e~e€-ems ~ase~ mee€~e~}ag ee~~ - sa~}€} ~ € s} t a~~ ee~~e~ s~ ~ } ~e~-~~s€ g = a t ~ q e ee ea aa a b t • € ~ ~€€}Q €} saPe~r se~~ ~ €~ ~ ~ ~ e~see~~ '~# e ,. , .a ~ i S e G r 7 e ~aa a ee ~ ,.... ~ }. 2O ~e~ ~}m}~ ~ s ~t~ -- e a • ~ • € ~ eva ~ s a y. ~ T v IS SSS 2 RG ~'~~-' ~s s O, ARC e c~, lH6 e~ee•~}eas €~~~}si ~ } a~ ~ea~~aas-; ~~# ~ ccf ~e'I3s, i ; , ~ ~g; ~ s a ~g, ee ee€ a~ e e~a€ie~ a~ ~ ~a~~vaa~e aa~ ~e~ se€~ }€i ~ i ~~ r ~~ese -==-=F= , wa~e sP -=`. ---~. ee e e~ ~eq ~ ~e ~ Section A - SP (Revised 12/15/04) Page 16 of 22 ~ i, t ,~ ,,.i_ - F r ti.,, a-i _ ~4v~ -~ rMr-^ v --- ~~ d #~ the ~ L F'~,.7 e ef~- t 3 ~ ~~~e~-at le e- ~-et}gage ast-sr~ea~r~ d~ t } i 4. -~I~-ex~Fley-s a ~t e~e o~ s eg ~ ee~leted a-~..a~ t}€ae~tt~e~~-~a}eiag ee ~ ~ ee~~se ^,..,~'"....'"" F~Tt3S--s~~ tste~s ~t ar~~p-lementin e -~~e g--- ft}ll - ~ , F spa€€ed ~~a ~----~-xta}eta}mss a ~ , -pe~ma~e~ • ~'^ • " ^" " °° se~iee €aelllt ~tar~ta}~, ~egal F:..a ,_.,,.,.,,.., i ~, eal#b~ate, atent .,~. ,.w } • h _ ,~ a ~ F s ~ die-mall €arn ~a_at~><e~ to p eqt} t}}e~„rp~aetieal „ "~ "F r e3F~e~iz -'~nx'~'3e=e $~t~3 ~9 set-~~aetieal; ~ ~ ~r d i ",, "'"' ~la~rt. -w}ll be ~ ~ ~ use ~w,. ~w • n ~ ' ~edttee all ll h `~ , , ~•' ,* E~e Ee~t;<aete~ 9. blae~es~-eq~}red • p a s to aheva--~-P= y T~~ w ,~ • .. ., e ~ a "' "' r , F ~~,,. v,.,...: ..a , SSA system ^' ~ h th h} a <~ ~-,~~.,. F; , ; ~zn~Te a~a-~u-~~e~--~ ~~~e~}erg- }s-=~~i~teaded e e~~ ra e l ~C~t~E~g}~ee~--. '~ phase m~... ..~~., to sheds all of the ~l eha~Qes madeg ~. ~ -~==mod "'""'~ "~'° y A-36 Other Subma.ttals 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. Section A - SP (Revised 12/15/04) Page 17 of 22 d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. 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 Plater Furnished b'Y the City" NOT USED Section A - SP (Revised 12/15/04) Page 18 of 22 A-38 Piorker'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. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions. and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that. approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory NOT USED a~-ar~~a~ae~-has beep issued, ~} ` "", ry •'" r r-~~ r i ~ ~a~}€~e~t~aete~ abet ese~te alert I€ a , _. "`' *''^' " "'' 1' eempe~sated at the • ` ~''' -'' '' "'° ~, r A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & 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. Section A - SP (Revised l2/15/04) Page 19 of 22 A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of alI 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 IISED in the-wate~~ar-~ie~iarl~ high levels e€ ehle~}tee, vrill be ~sed~a~ disis€ee~ies, aid-a-a~e3teeed the-perm}ss}hle l}~t~s €e~ dlseha~ge~a aaeaeies sueli~s TP7f~CH HFA ete. It vv}ll be the ^_c _tr~ctc='= -- ~,.~^"^~,:''.. , , ..L.......-.,,--_..1 the-84~~~€e~ aggrav~l. Thee small he ate segar~te~a~€e~ d}spesal e€~ig~ F..... .7, .. .., ..F •..f-....~.. -.Fcri -. l-ev A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT ffSBD p~fe~ te-a~-ee~s~r~c1tie~-~ateve~ e~ the~~e~eet, Ee~t~aete~ ^w-„ ~ .--'-~ a~~-e~ese--a~ll~~istt~glpell~tes e€ the--pre3-set t~iat~raoa-~:it~i~~.'~9 €ee~t-o= prepesed-pipelines of the-grey-eel a~-Ee~t~aete~ s~~all-s~t~+ae~-the~t .., . r=r -=-------- ~e~-e~istisg-~pipel}nes whleh-parallel aed awe w}th}~ tee €eet---FIBS-}-e-€ ~repesed-$}peli~es-e€ the-~re~eet, Ee~t~aete~ small e~eavat-e aid e~gese-said e3ct#ri~c~-pipelines--a~-a-~a~#~x~r-$f 3.09 €eet A-E--ash-Eea~r-ae-te~ shall the-aee~xrate he~f~estal asd vest}sal leeat#e~e e€ said-~a~allel ~ ='_=-== ~} 3~~€ee~t-Ftta~}msm A . 6. Ee~~ae-tee sli~ll t-hen-prepares a ~epe~t aa$-s~~i~ 4~ to tlx Ci}y for ^prrotTal a.~re~i~ta~e stat•xes--~he~es€, d}staaee to the--paeement ee~tte~llae~d Section A - SP (Revised 12/15/04) Page 20 of 22 Eeat~ac~e~' a§all--~e~€e~a ~e `---~`~" r ., ~ Y F ~ 1. L. . A,. F_ F ~ F 4 L- 7 L ~. S. . i r8po~'ted ~9 ~~e-~r8~3$@P3~ a s. • ~ n Y ~. ~••y • ~ rr v ~ i A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use .all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of .his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's .sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Ameaded "Mainteaance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-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 Ameaded Prosecutioa aad Progress Under "General Provisions and Requirements for Municipal Construction Contracts"; B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/ remobilization costs. Such costs shall be addressed through a change order to the contract. Seotioa A - 3P (Revised 12/15/04) Page 21 of 22 SIIBMITTAL TRANSMITTAL FORM PROJECT: CCIA TERMINAL BIIILDING ADDITION OF CHILLER NO. 3, PROJECT NO. 10034 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BATH ENGINEERING, INC. CONTRACTOR: SIIBMITTAL DAIS: SIIBMITTAL NQMBSR: APPLICABLE 3PSCIFICATION OR DRAWING 3UBMITTAL SeCtioII A - SP (Revised 12/15/04) Page 22 of 22 CORPUS CHRISTI INTERNATIONAL AIRPORT BACKGROUND VERIFICATION FORMS Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project # 10025 Airport Construction .Safety Plan CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS City Project # 10025 1. GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices shall be observed: • Construction/Safety meetings will. be held at least weekly at the Airport administrative offices at a time and day agreed upon between the Airport and the Contractor and a representative of each Subcontractor performing work in the Air Operations Area (AOA) shall attend these meetings. • Operational safety will be a standing agenda item during progress meetings throughout the construction project. • The Contractor and the Airport must perform onsite inspection throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight or project scope change. • Airport aprons and taxiways shall remain in use by aircraft at all times.. • Contractor, Subcontractor, and supplier employees or any unauthorized persons must be restricted •. from entering an airport area that would be hazardous. • The contracting officer, Airport, or other designated airport representative may order the Contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the Contractor must, through the Airport, give notice of proposed location, time, and date of commencement of construction. Throughout the duration of the construction project, the Contractor must: • Be aware of and understand the safety problems and hazards described in the latest version of AC 150/5370-2, Operational Safety on Airports During Construction. • Conduct activities sa as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein. • Inspect all construction and storage areas as often as necessary to be aware of conditions. • Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. - 3 RUNWAY PROTECTION - Construction will be limited to the work area. No personnel will be allowed to move beyond the ~ boundaries of the work zone unless that person is moving equipment to the equipment parking area, the stockpile area, or the access gate, on an approved route. Airport Construdion Safety Plan 1 of 4 Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project #10025 Q OTHER MARKING AND LIGHTING REQUIREMENTS The Contractor will furnish and install all required marking and lighting (including, but not limited to, barricades, traffic cones, flags, flashers, etc.). The following marking and lighting systems must be in place: • The work areas as shown in the safety plan sheet, must be completely isolated and easily discerned from ground based vehicles and aircraft alike, in al] weather and lighting conditions. Multi-barrier barricades and lighted cones shall be situated to the satisfaction of airport personnel. • Vehicle routes, when not otherwise conspicuous, must be marked with easily visible colored or flagging every 50 feet along the length of any portion of the route that is not otherwise conspicuous on both sides. These route markers must be maintained daily. For nighttime operations, these routes must be lighted with amber traffic lights at the same intervals as the markers. These markers must be frangible, so as not to damage an ARFF vehicle that may pass over it. • Equipment parking areas must be marked and lighted with stakes and traffic lighting (to provide for nighttime visibility during ARFF operations). These lights and markers must be inspected and maintained daily. 5. VEHICLE OPERATION, MARKING, AND CONTROL • Employee parking will be at the construction staging azea, which is shown in the Access Plan sheet. • No vehicles are allowed to enter any part of the airport movement area except as authorized by the Airport, and no vehicle may deviate from the approved work area, equipment parking area, stockpile area, or access routes. Under no circumstances are any vehicles allowed to approach or enter the runway safety areas for either runway. • Vehicles inside the AOA are required to have company marking on both sides that are visible at 200 feet way, to the satisfaction of the Airport, and must have arotating/flashing amber beacon. A beacon is required for any operations at ali times at night or during adverse meteorological conditions. • All equipment must access the AOA only through the designated gates as shown on the Access Plan. • Any Contractor vehicle operator who is authorized to operate in the. movement area must follow all the airport rules and regulations for operating vehicles in the movement area. The consequences for violation of these rules and regulations may be as severe as permanent revocation of driving privileges, in addition to a civil penalty. 6. RADIO COMMUNICATIONS The Contractor employees authorized to operate in the movement area. will be assigned call signs, which are listed below. All such employees must successfully complete the Airport Ground Vehicle Training Course. Contractor employees must use Airport-designated call signs when communicating on any aviation frequency and must follow proper aviation radio procedures and phraseology. Ten codes are not allowed. Airport Construction Safety Plan 2of4 Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project # 10025 The assigned call signs for the Contractor are: Name Call Sign CONTRACTOR] CONTRACTOR2 CONTRACTOR3 7. DEBRIS. No material may be left in any area used by the Contractor in such a way that the material can be blown onto the movement area and case a foreign object damage (FOD) hazard to aircraft. SECURITY. Construction activities will be taking place in the Air Operations Area of the airport. Each employee of the Contractor who will have access to the AOA must apply and qualify for an AOA identification medium from the Airport and complete Airport Security Training. • No unescorted Contractor employee will be allowed into the AOA without properly displaying a valid, Airport-issued identification medium. To "properly display" means to wear above the waist line and on the outermost garment in such a manner that the side of the card bearing the identification photo is prominently displayed. • .Proper badges will be used for any work inside the AOA. The Contractor must provide a guard to be at the gate during any construction activities to ensure only authorized personnel access the AOA through authorized gates. The guard will also be responsible for performing any other unanticipated vehicle/personnel inspection duties under the direction of the Airport, as maybe required by the Transportation Security Administration (TSA). The Contractor must ensure the guard has a means of immediately notifying Airport Communications to report any unauthorized entry into the AOA. CONTACT INFORMATION The Contractor must designate at least one contact person who is available 24-hrs a day and 7 days a week to the Airport for immediate response to correct any construction-related activity that may adversely affect the operational safety of the Airport, along with a means of contact. The name and contact information for the Contractor contact person(s) for this project is: Airport Construction Safety Plan 3 of 4 Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project #10025 The.Contractor must~rovide at least on.e.safet~ offcer who is familiar with. airport operational_safety and is responsible for monitoring construction activities. The name and contact information for the Contractor safety officer(s) for this project is: The Airport will provide a contact person who will be the point of contact for construction activities impacting airport operational safety. The information for the Airport contact person is: CARL GROSSNICTOR GONZALEZ AIRPORT OPERATIONS MANAGER 361-289-0171, ext. 1229/1231 OFFICE 361 MOBILE 36 T PAGER 361 HOME The contact for all emergencies (fire, medical, law enforcement) is 361-289-0171, ext. 0 (Airport Communications), or 911. 10. UTILITIES The Contractor must perform utility locates before construction begins to ensure uninterrupted operation of navigation aids and provide to the Airport documentation demonstrating, to the satisfaction of the Airport, the performance of the locates. FAA Technical Operations is the contact for Federally owned/operated facilities. I I. NIGHTTIME OPERATIONS Any operations performed at night will probably require the use of supplemental light. Before any supplemental lighting is used in the work area, the light must be appropriately shielded, to the satisfaction of the Airport, to ensure the lighting does not interfere wish aircraft operations or ATC operations. All vehicles operating at night or during inclement weather in the AOA must have a rotating or flashing amber beacon on top of the vehicle. Any nighttime activity must be coordinated with the Airport at least 72 hours in advance Airport Construction Safety plan 4 of 4 CORPUS CHRISTI INTERNATIONAL AIRPORT o~r~~EOHI.Y _ APPLICATION _F9R.ID_/AQCESS. ~CONTRQIy. MEDIA - - - - --- -- ~~ BARGING AND FINGERPRINT OFFICE (361)289-0171 EXT. 1227 APPLICANT (Print in black ink) First Middle Last Name Name Name DOB _______-Height Weight Color of Eyes Color of Hair Gender State .of Birth-~untry of Birth .Citizenship Aliases Race _~- Driver License # State Expiration Date Home Address Apt. 7 City State ZIP Home Phone Cell Phone E-Mail _ Og'fAINING AN AIRPORT ID/ACCESS CONTROL MEDIA IS A PRMLEGE. The Airport ID /Access Control Media is the property of the Corpus Christi International Airport and must be returned upon request, damaged, lost and found or no longer valid. A replacement charge andlor penalty fee will be assessed for a lost or unretumed Id Media. - 1 understand the procedures and responsibilities for using and safeguarding the Corpus Christi Intemationat Airport ID / Access Control Media. I will -MMED/ATELY notify the Airport Dispatch 289-0971 ext. 0 and my employer if my Id. Media is lost or stolen. SSN E-npiiyee-S~eature Date EMPLOYER/SPONSOR (Print in black ink) ~I Company Name ~„ysical Address City State ZIP Billing Address City State ZiP Company Phone No. Fax No. By my signature I certify: that I am an authorized representative of the above employer and as such may execute (sign) this application; that the foregoing information is true and accurate; that (the named) employer authorizes fingerprints to be obtained for the purpose of performing a criminal history record check, if needed for unescorted access to SIDA; that this employee requires-the access level as indicated below; and that the employee's Airport identification Badge will be returned upon request, termination, or when access is no Longer required CfIECK ONE LEVEL -Level 1 -Level 2 _Leve13 -Level 4 IDACCESS CONTROL MEDIA: (White) All Access (Green) FBO (Yellow) AOA(undeveloped/agriculture) (Blue) Public Does Your Employee Need to Escort Others? YES NO Will Your Employee Need Driving Privileges? YES NO Authorized Signature -Print Date (ONLY PERSON(Sj on Signature Verification Form on Fite) Ground Vehicle Cleck Oft`Iast Security. Class . O Yes ^ No ^ N/A ^ l ~ I D Escort ^ Yes ^ Na ^ IVlovement:Area ~ ^ 2''m I D.~:. , Fingerprints Taken ^ Non-Movement Area- O Empl Hst ^ AUTH FP ~ CFIRC ~CJ STA 1~ 2° 3'~ ASC APPROVAL DATE sprints Received . xEVlssn Ivor DO NOT DUPLICATE Exhibit I 1 CRP ID MEDIA APPLICATION INFORMATION :DERAL REGULATIONS: .n accordance with 49 CFR § 1542.209 and 1544.229, the airport operator will coiled and process fingerprints for all persons requesting unescorted access to the Security Identifigtiors Display Area for the purpose of obtaining a criminal history record check (CHRC). A ropy of the criminal record will be provided to the individual, if requested by the individual in writing. If the individual has questions regarding the results of the CHRC, please contad the Airport Security Coorciinator, Chief John Hyland, at (361) 289-0171. ID REQUIREMENT: Two forms of ID must be presented during the application process: Ust of Acceptable Documents Lrs 1 A oft L15T a AND UST C Documents that Establish Both Documents that Establish Identity Documents that Establis Identity and Employment Eligibility Employment Eligibility 1. U.S. Passport (unexpired or expired) 2. Certificate of U.S. Citizenship (Form N-560 orN-561). 3. Certifigte of U.S. Citizenship (Form N-550 or N-570) 4. Unexpired foreign passport, with 1-551 stamp or attached Form I-94 indicating unexpired employment authorization. 5. Permanent Resident Card or Alien Registration Receipt Card with photograph (USCIS Form 1-151 or I-551) 6. Unexpired Temporary Resident Card (USCIS Form 1-688) 7. Unexpired Employment Authorization Card (USCIS Form. I-688A) 8. Unexpired Reentry Permit (USCIS Fom-1-327) Unexpired Refugee Travel Document (USCIS Form I-571) 10. Unexpired Employment Authorization Document issued by USCIS that contains a photograph (USCIS Form 1-6886) or USCIS Form I-766) 1. Driver's license or ID card issued by a State or outlying possession of the United States provided it contains a photogrph or information such as name, date of birth, gender, height, eye color, and address 0 2. ID card issued by Federal, State, or local clovemment agency or entity provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address. 3. School ID card with a photograph. 4. Voter's registration card 5. U.S. Military card or draft record 6. Military dependants ID card 7. U.S. Coast Guard Merchant Mariner Card 8. Native American tribal document 9. Driver's {icense issued by a Canadian government authority For persons under the age of 18 who are unable to present a document listed above 1. School record or report card 2. Clinic ,doctor, or hospital record 3. Day-care or nursery school record 1. Social Security card issued by the Soaal Security Administration 2. Cert~cation of Birth Abroad Issued by the Department of State (Form FS-545.. or Form DS-1350) 3. Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying. possession of the United States bearing an offittial seal 4. Native American tribal document 5. U.S. Citizen ID Card (USCIS Form 1-197j 6. ID Card for use of Resident Citzen in the United States (USCIS Form I-179) 7. Unexpired employment authorization document issued by USCIS (other than ttwse listed under List Aj PRIVACY ACT NOTICE Authority: 49 U.S.C. §§114, 44936 authorizes the collection of this information. Purpose: The Department of Homeland Security (DNS) will use the biographical information to conduct a security threat assessment and will forward any fingerprint information to the Federal Bureau of Investigation to conduct a criminal history records check of individuals who are applying for, or who hold, an airport-issued identification media or who are applying to become a Trusted Agent of the airport operator. DHS will also transmit the fingerprints for enroAment into tfte US-VISIT's Automated Biometrics Identifica#ion System (IDENT). If you provide your Social Security Number (SSN), DHS may provide your name and SSN to-the Social Security Administration (SSA) to compare that information against SSA's records to ensure the validity of your name and SSN. Routine. Uses: This information may be shared with third parties during the course of a security threat assessment, employment investigation, or adjudication of a waiver or appeal request to the extent necessary to obtain information pertinent to the assessment, investigation, or adjudication .of your application or in accordance with the routine uses identified in the Transportation Security Threat Assessment System (T-STAS), DHS/TSA 002. Disclosure: Famishing this information (including your SSN) is voluntary; however, if you do not. provide your SSN or any (- other information requested, DHS maybe unable to complete your application for information media. 2 AUTHORIZATION FOR FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK '4SE READ AND REVIEW THE FOLLOWING LIST OF DISQUALiFIYING CRIMINAL OFFENSES AS LISTED IN TRASPORTATION SECURITY REGULATION " - 7Z34L209 (Dl: Under 49 CFR §]542.209 (e) all persons applying for unescorted access to the Security Identification Display Area (SIDA) are required to be fingerprinted in order for a criminal history records check (CHRC) to be completed. No applicant may be granted unescorted access to the SIDA if the CHRC reveals a disqualifying criminal offense. Aa applicant has s disqualifying criminal offense if the applicant Las been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below in any jurisdiction during the 10 years before the date of this application or while the applicant has unescorted access authority: i. Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.C.C. 46306.. 2. Interference with air navigation; 49 U.S.C. 46308. 3. Improper transportation of a hazardous material: 49 U.S.C. 46312. 4. Aircraft piracy; 49 U.S.C. 46502. 5. Interference with flight crew members or flight attendants; 49 U.S.C. 46504.. 6. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. 7. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505. 8. Conveying false information and threats; 49 U.S.C. 46507. 9. Aircraft piracy outside of the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b). 10. Lighting violations involving transporting controlled substanees; 49 U.S.C. 46315. 11. Unlawful entry into an aircraft or airport area that serves air carriers or foreign sir carriers contrary to established security requirements; 49 U.S.C. 46314. 12. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13. Murder. 14. Assault with intent to murder. 15. Espionage. 16. Sedition. 17. Kidnapping or hostage taking. 18. Treason. 19. Rape or aggravated sexual abuse. 20. Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. 21. Extortion. 22. Armed or felony unarmed robbery. _ 23. Distribution of, or intent to distribute, a controlled substance. 24. Felony arson. 35. Felony involving a threat. 26. Felony involving - (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iif) Burglary; (iv) Theft (v) Dishonesty, fraud, or misrepresentation; (iv) Possession or distribution of stolen property; (vii) Aggravated assault; (viii) Bribery; or (fx) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. 27. Violence at international airports; l8 U.S.C. 37. 28. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph. By signing below, the applicant is stating that helshe does not have a disqualifying criminal offense. Under 49 CFR 1542.209 (1) the applicant has a continuing obligation to disclose to the airport operator within 24 hours if he or she is convicted of a disqualifying criminal offense that occurs while he or she has unescorted access authority. PRIIVT NAME SIGNATURE DATE CERTIFICATIONS: "The information I Lave provided is true, complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and willful false statement can be punished by fine or imprisonment or both (see Sec#ion 1001 of Title 18 of the United States Code.)" "I authorize the Social Security Administration to release my Social Security Number and full name to the Transportation Security Administration, Office of Transportation Threat Assessment and Credentialing (TTAC}, Attention: Aviation Programs (TSA-19)/ Aviation Worker Program, 601 South 12te Street, Arlington, VA 22202. "I am the individual to whom the information applies and want this information released to verify that my SSN is correct. I know that if I make any representation that I know is false to obtain informatfon from Social Security records, I could be -punished by a fine or imprisonment or both:' ~gnature: Date of Birth: "SSN and Full 3 ~ONLY~~t=3~;~L~E~E~. ~1~~~L~~_A{D~-LEU EL~4 Employment and Personal History Applicant: In accordance with 49 CFR 1542.209 all persons applying for an unescorted access authority will have background checks. These checks will be conducted, to the extent allowable by law, to include at a minimum, reference and prior employment histories, to the extent necessary to verify representations made by the employee/applicant relating to employment in the preceding 5 years. You must provide an explanation of any gap in your employment/education history in excess of 12 months. If your record shows you have experienced periods of 12 months or more of unemployment, retirement, hospitalization or for any other reason been unemployed, please explain the circumstances below and provide documentation or other supporting records to include telephone numbers for verification. LIST THE PAST'! 0 YEARS...~THE MOST R-SCENT 5 YEARS: MUST. BE VER,IFIE'D Applicant's Data Employer's Data Company/OrganizatioNSchool Date Verified riot N ame Address, Phone #, & Contact Name FYom Mo/Yr To Mo/Yr Verified 'With Verified By DATE Start with most recent employment 4 CORPUS CHRISTI ~` _ I1~7TERNATI~NAL AIRP.O.RT SIGNATURE VERIFICATION FORM Type or Print using Black Ink COMPANY NAME: PHYSICAL ADDRESS: PHONE # BILLING ADDRESS: PHONE # CITY_ FAX # DATE ST ZII' ST ZII' .... .. AUTHORIZATION BY RESRONSIBLE _, } FFICIAL~ The undersigned hereby delegates to the person(s) listed below the authority to sign for Corpus Christi International Airport badge, access, key control, vehicle parking or other program requirements for employees of this company. The undersigned certifies that he or she has-the authority to sign this document on behalf of ±he above named company and that he or she and the company assume full responsibility and accountability for airport access and identification media issued to the employee and far all employee actions relating to use of u~ese media. PRIMARY: PRINT NAME PHONE # ALTERNATE: PRINT NAME PHONE # This form is to be filled out by business owners, managers or supervisors. CELL # CITY_ FAX # P SIC~N.~lT21 RE E-MAIL SIC3N~L~Z,IR~ CELL # E-MAIL Revised 08/08 do CORPUS CHRISTI EMPLOYMENT AND PERSONAL .HISTORY-FORM 0 City of Corpus C' hnsti Corpus Christi international .Airport Employment .and Personal History -piicaat: All persons employed by the airport or its contractors hired after November 1, 1985, who have _._::scorted access to any area on an airport controlled for security reasons, will have background checks. These checks will be conducted, to the extent allowable by law, to include at a minimum, reference and prior employment histories, to the extent necessary to verify representations made by the employee/applicant relating to employment in the preceding 5 years. You must provide an explanation'of any gap in your employment/educatiori history in excess of l2 months. If your record shows you have experienced periods of 12 months or more of unemploy~n~ent, retirement, hospitalization or for any other reason been unemployed, please explain the circan•~stances below and provide documentation or other supporting records to include telephone numbers for verifeation. Full Name of Applicant: Last First Date_ Off cial Company Narnec Signature of Individual on Signature Verification Form: LIST THE PAST 10 YEARS AND VEitIFY THE MOST RI~CENT 5 YEARS ***S~'ART ~VIT~ 1VV~OST RECENT EN:[PLO~M~NT*** Employee's Data Emiployer's IData ampany/Organi~atioNSchooi Date Verified .. tint Name) .ddress, Phone #, & Con.ta+et 1Vame Front MolYr To Mo/Yr Verified With Verified By Date i f . E I ...,eck this box if additional information is attached. O A=RPORT CONSTRUCTION SAFETY PLAN 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 SEPTEMBER, 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 $193,078.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 (TOTAL BASE BID: $193,078.00) 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 I II III IV V IInit ITEM QTY Description Price Total Provide. a new centrifugal chiller for the central plant. The work will involve the installation of a new primary piping and primary pumps for the new chiller. Electrical work will include-the installation of a xlew motor control center and new breaker for the main switch board to power the new motor control center. Provide direct digital control system . modification such that the new chiller is integrated into the existing control system. The BASE systems are to be complete BID including any other essential mechanical, and electrical, . structural work required for a complete operating system. ~7~ $ ~~ 3i~~7~ . -TOTAL BA38 BID: $ Proposal Form Page 3 of 6 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. ATTEST• City Secretary CITY OF CORPUS CHRISTI BY ~ ~r Yhccc~"- Oscar Martinez, sst. City Mgr. of Public Works and Utilities APPRO AS TO LEGAL ~ B By: Y~ Asst. City Attorney ~~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR ATTEST: (If Corporation)r. (Sea Below) (Note: If Person signing-for corporation is not President, attach copy of authorization to sign) Malek Inc ~~ Title : CCU P.O. BOX 679 (Address) CORPUS CHRISTI, TX 78403 (City) (State)(ZIP) 361/888-8281 * 361/888-7257 (Phone) (Fax) ~~~~ ~„~,.,,AUTNORtZE~ ~ c~~RCi~ .~.~n~~Q9 „ ~~~` SECl~ET fib. Agreement Page 2 of 2 P R O P O S A L F O R M F O R CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 5 P R O P O S A L Place : ~:~~~ S~~r~~~~ - ~.'~.} ~A~ Date : A i.~ A~~ ~~ ~lS~: ~~~I Proposal of ~ (a''~~~ __i-- ~~ a Corporation organized and existing under the laws of the State of ~~~~(~~ 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: CCIA TERMINAL BUI7~DING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 6 I ITEM II QTY III I4 p IInit Description Price Total Provide a new centrifugal chiller for the central plant. The work will involve. the installation of a new primary piping and primary pumps for the new chiller. Electrical work will include the installation of a new motor control center and new breaker for the main switch board to power the new motor control center. Provide direct digital control system modification such that the new chiller is integrated into the. existing control system. The -- BASE systems are to be complete gID ..including any other essential mechanical, and electrical, . structural work required for a `~ 3 ~ 7~ ~~ $ stem ti . . ng sy complete opera -TOTAL BA38 BID: $ ~ =~~~ Proposal Form Page 3 of 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. MinorityJM9.nority 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 o~,~the f llowing addenda is acknowledged (addenda number) : ~ V ~~c~3~.:~ Respectfu ly submitted: Name: (~ ~ hC'_ By: (SEAL - IF BIDDER IS ( TiJRE) a Corporation) Address: P~ -J(~ ~ ("1 (P_O. Box) (Street) ~s C~.~; ! X 7~ya ~ .(City) (State) (Zip) Telephone: ~~0I-0~"b~~ NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form Page 9 of 6 P E R F O R M A N C E B O N D BOND NO. PRF08962262 STATE OF TEXAS § COUNTY OF NUECES § ErTOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT CO OF MARYLAND * , a corporation organized under the laws of the State of MARYLAND , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUNDRED NINETY-THREE THOUSAND, SEVENTY-EIGHT __ AND NO/100($193,078.00) 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 of SEPTEb~ER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 (TOTAL BASE BID: $193,078.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1gTx day Of SEPTEMBER 2O 08 PRINCIPAL MALEK, INC. ~,/ gy : v/ ~o~ ~, C60 (Print Name & Title) ATTEST ~,~ ~~, .fie rn~te~ ~Jn'~' - (Print Name & Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. (Print Name) ~~~' '~~' Contact Person: Ate=@ss Phoae Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 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 P A Y M E N T B O N D BOND N0. PRF08962262 STATE OF TEXAS ~ COUNTY OF NUECE3 § RrTOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT CO OF MARYLAND , a corporation organized under the laws of the State of MARYLAND , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED NINETY-THREE THOUSAND, SEVENT7C-EIGHT AND NO/100($193,078.00) 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 SEPTEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: CCIA TERMINAL BUILDING ADDITION OF CHILLER NO. 3 PROJECT NO. 10034 (TOTAL BASE BID: $193,078.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make- prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. y And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 18TH day O f SEPTEMBER ~ 2 Q 09 PRINCIPAL MALEK, INC.. ~ t B ~ ~~/ y : (~ ~ GEa (Print N e & Title) ATTEST ,,~ ~n~~ ~, (Prin Name & Title) SURETY ..; ~ ~TnFr Tmv ~, T1FP(~4TT C(1MPANY C1F MARVT ANTI t COLONIAL AMERICAN CASUALTY & SURETY CO. By: Attorney -fact MARY ELLEN MOORE (Print Name) ..,, Ag@IIC17: SWANTNER & GORDON INSURANCE AGENCY Contact P@ZSOA: MARY ELLEN MOORE AddZ'@SS : P . 0. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Numb@t: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant t ce of authority granted by Article Vl, Section 2, of the By-Laws of said Companies, which ar ~`" erse eof and are hereby certified to be in full force and effect on the date hereof, do i , co ~ d ary Ellen MOORE, R. M. LEE, Michael A. WHITNEY, H.M. C . 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 ~i nd n ertakings, EXCEPT bonds on behalf of Independent Executors, Comm vo and pans. and the execution of such bonds or undertakings in pursuance of these s s, s 1~~in pon said Companies, as fully and amply, to all intents and purposes, as if they had been duly a a~lkrYbwledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own pro~r rsons. This power of attorney revokes that issued on behalf of Leroy A. RYZA, Mary Ellen MOORE, R. M. LEE, Diann EISENHAUER, Michael A. WHITNEY, Kristi ROBERTS, dated October 13, 2003. The said Assistant Secretary does hereby certify that the 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: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp DfPps~f 'f~ .~ Vi a ~M ~~ .... ° ~ ~86AL W Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland ~ ss: City of Baltimore 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. ~'~ ~ .:'~ ~t~; v ti ~~ Q ~-d-"~`-~" .ti .4 :cy ~~~`'~~rri~i~"~`` 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 affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate 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 18TH day of SEPTEMBER 2009 Assistant Secretary o ~ Fidelity and Deposit Company Of Maryland ~~~ Home Office: P o Box 1227, Baltimore, MD 21203-1227 IIVIPORTA.IYT 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: 1-500-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-300-25Z-3439 You may write the Texas Department of Insurance: P.O. Boa 149104 Austin, TX 78714-9104 E,~X # (512) 175-1771 FRENI[UN[ OR C'LAINI D[SPUTES: Should you have a dispute concerning the premium or about a claim, you should .first contact Fidelity and Deposit Company of N(ar-gland or Colonial Amorican Casualty and Surety Company. ff the dispute is not resolved, you may contact the Texas Department of lnsur:u~ce. ATT~=+-CH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. .S ~IJ i(T.`C) (03101 ) ~I~t~aSEll'@ ~~a~~'II1C'il~ ~~~ ZURtGH AGi4~T~E3F2CJKER ~?Mi~ENSATif}t~ ~lfS~LflSUR~' ~ %'"':- ~~~5 3"1~ ~iWc1C:t }'G~J t,;~ 1:^i, , ~:_i 'a`'r't"rtC ~USht?~c.c 3~ ~ .- ~ ,'1 ' :C"t. t~~~(ti ~f ~'Ct:kc ~ ... . ~ ~:~e~en~ vc~ur w~rrtia~~y's tnE~r~~~~ ~ . .: ~ ac ~., ~~' c~ rns~era~ce vM~r~r;~g~~ d' '~ '.'~w i;,~::~ !iif'~ t1?'3F~y~ tC2~Ui ... "~.~?r ~= , '!it-? ~~I1~~'t7 ~~r~t~{ r~.~?~1~~ .; ~ ~.•i~ ~C E7t4}C~2fS T;~iS !`,'.a3 "iS tt^d' ,~ 3,7~xf}t +J!" ~."'C1k~fi tS'"'. " i~ ~. ?~.. Crtt~w3 ~' t1v.,t. JL°, 4"~f-i'.,``~ t~}C ~ . _ -" ~y. °~~e~~ - ~ ~'. ,',r _-,~ .a^t4~ y:, ~ :dlvili"sJ }"!~SG~.. d _ - - -_ P+ti~€ ~{°~ ~-*~.' ~f~ ~~ L ~~~~' _ _ ''7F~ n~~C~ esf'~ ref ~_ `^P,~~c'iLf~t1 ~~t" :, ~ . ~ - ~, ", ;l~a?~f -s a~~ ~ _ - „ . " :~.~ ~» ~ ~"a~~ ~~~ to hftp:ft~rtww.zur+chna.~vrn. C:'~~ ~~ 3~ - ~~ _... :ti ~ ;nE :~{t+_:r~~tk','.p ;`~~ 'E3~7~~4#~uik3 ~ ~ - ~~~`,,.f~rmU~-._"i t.~"n.e~~..c: '~ rt .,~ .. ~- -~ 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, ff the question is not applicable, answer with "NA". FIRM NAME STREET: FIRM is: 1. DISCLOSURE QUESTIONS -1 ~`t~~ Sole Owner 4. Association _ 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 (ff known) /U~ 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 /V!~ 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 N~ 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name nn II Consultant /V~ CERTIFICATE I 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 infon~nation requested; and that supplemental statements will be promptly submitted to the City o'f~Cor-pu`sr Christi, Texas as changes occur. ~ ~ , Certifying Person: ~t~ t,P~L t Title: (Type or Print) Signature of Certifying Person: Date: ~ ~S,®~ Proposal Form Page 5 of 6 5. Other ~RO® CERTIFICATE OF LIABILITY INSURANCE OP ID NESH DATE(MMroonYYY) MALEKCl 09/21/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3wantner & Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone: 361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Southern Vanguard Ins Co 10925 `~ INSURER B: Southern Insurance Coanpany 1921bA Malek~ Inc. Attn: Frank Malek INSURER C: TeXBS Mutual Ins Co 22945 P. O. BOX 679 Corpus Christi TX 78403 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSUR CE POLICY NUMBER DATLE MMIDD/YYY E DATE MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO ~ OOO A X COMMERCIAL GENERAL LIABILITY CMP563621601 12/31/08 12/31/09 PREMISES Eaoccurence) $lOO~OOO CLAIMS MADE ~ OCCUR ~ MED EXP (Any one person) $ 5 ~ OOO PERSONAL 8 ADV INJURY $ 1~ 0 0 0 i O O O X Per Project Gen A GENERAL AGGREGATE 2 ~ OOO ~ O OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~ OOO ~ OOO POLICY X JEC LOC Pimp Sen. 1, 000, 000 AUT OMOBILE LIABILITY ~ COMBINED SINGLE LIMIT 1 ~ OOO ~ OOO 8 X ANY AUTO BAP563621701 12/31/08 12/31/09 (Ea accident) ALL OW NED AUTOS ~ BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 4 S ~ OOO ~ OOO $ X OCCUR ~CLAIMSMADE LJMB563621801 12/31/08 12/31/O9 AGGREGATE $S~OOO~OOO DEDUCTIBLE $ X RETENTION $ lO OOO $ WOR AND KER EMP S COMPENSATION LOYERS' LIABILITY X TORY LIMITS ER (' Y / N ANY PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? TSF0001139713 12/31/08 12/31/09 E.L. EACH ACCIDENT $ 1,000000 M t i NH d ~ ( an n ) a ory E.L. DISEASE - EA EMPLOYEE $ 1 ~ O O O ~ O O O If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 ~ O O O ~ O O O OTHER , / A Installation Fltr ~ CMP563521601 12/31/08 12/31/09 Inst Fltr 395,000 ~ A Rntd/Lsd E i CMP563521601 12/31/08 12/31/09 Rntd/Lsd 100,000 DESCRIPTK)N OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Project Name: CCIA Terminal Building Addition of Chiller No.3 / ~ Project No. 10034 The City of Corpus Christi is named as additional insured on all General Liability and all Auto Liability policies. (See 8ndorsements attached.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CIL+~_`+L. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O ~AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cl ty Of COrpuB Chrl Stl IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Department of Engineering Sera / Attn: Contract Administrator REPRESENTATIVES. P. O. Box 9277 Au ZE SENTATIVE o us Christi TX 78469-9277 ~ Acurtu z5 ~zuua/ui) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Malek, Inc. °/ Cl~'S63621601 '~ 'Additional Insured -Prima Covera ry ge This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Schedule Name of Person or Organization: * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAND J INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAND INSURED'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Who is an Insured (Section II) is amended to Furthermore, the following is added to paragraph 4., include the person or organization shown in the Commercial General Liability Conditions (Section Schedule, but only with respect to such person's or IV): organization's vicarious liability for your negligent acts or omissions committed in the course of your 4. Other Insurance ongoing operations performed for such person or organization, and excluding any negligent acts or d. The insurance provided by this omissions of such person or organization. endorsement is primary for the person or organization shown in the Schedule. Other insurance afforded to such person or organization will apply as excess and not contribute as primary. to the insurance afforded by this endorsement. ..4~ ~:,- CG R002 t003 Page t of t Malek, Inc. 0563621601 0/ Republic Plus+ General Liability Commercial General Liability -Enhancement Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 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 Payments, paragraph 1.a. (3), subparagraph 2, is amended to read as follows (2) The expenses are incurred and reported to us within two years of the date of accident 2. Supplementary Payments Increased Limits Paragraph 1 of Section I - 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 arising 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 II -Who is an Insured, is amended to include as an insured any person or organization you are required by a written contract, agreement, or permit to name as an insured, but only with respect to "bodily injury" or "property damage" arising out of such person or orgarnzation's vicarious liability for your negligent acts or omissions committed in the course of your ongoing operations performed for such person or organization, and excluding any negligent acts or omissions of such person or organization. This insurance does not apply to such person or organization unless the contract, agreement or permit is made prior to when the "bodily injury" or "property damage" occurs. 4. Non-Owned Watercraft Exclusion g. of Section I - Coverages, Coverage A Bodily Injury and Property Damage does not apply to any watercraft under 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. Broad 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 notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" or an offense by your "employees" shall not, in itself, constitute knowledge to you unless your partners, "executive officers", directors, insurance 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 out of the "occurrence" or offense. The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions: e. If you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the c~ Ro2s oer,a ---- i'Nalek, Inc. ~'=II~563621601 occupied by you with permission of the owner, arising out of damage" to premises, while rented to any one fire, lightning, explosion or sprinkler leakage "occurrence". a. Coverage under this provision is afforded only until the 180`h day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily Subject to all the terms of Section III - injury" or "property damage" that Limits of Insurance, the Damages to occurred before you acquired or formed Premises Rented to You Limit is the the organization; and greater of: a. $250,000; or ~ c• Coverage B does not apply to "personal and advertising injury' arising out of an ' ~ offense committed before you acquired b. The amount shown in the ~ ~ or formed the organization. Declarations for Damages to Premises Rented to You Limit. 11. Blanket Waiver of Subrogation C. Paragraph 4. b.1 .b. of Section IV - Commercial General Liability Conditions is amended to read (b) That is Fire, Lightning, Explosion, Sprinkler Leakage or any similar insurance coverage for premises rented to you or temporarily occupied by you with permission of the owner; or 9. Extended Property Damage Exclusion 2.a. of Section I -Coverages, Coverage A Bodily Injury and Property Damage is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 10. Newly Formed or Acquired Organizations Section IV -Commercial General Liability Conditions, Item 8. is replaced with: 3. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured contract" signed prior to an occurrence or offense, we waive any right or recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising our of your operations or work for that person or organization. Paragraph 4. of Section II - Who is an Insured, is replaced by the following: 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that J organization. However: w-' ,..>_ , Malek, Inc. ~/ BAP563621701 ,`Blanket Additional Insured This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: ~~ Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form The provisions and exclusions that apply to Liability Coverage also apply to this endorsement Where required by contract, the names and 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 responsibility for acts or omissions of We will mail the additional insured notice of any a person for whom Liability Coverage is afforded cancellation of this policy. If the cancellation is by us, under this policy. we will give ten days notice to the additional insured. The additional insured is not required to pay 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, declared by us shall be paid to you. ~'` ;~ ~ ~ r r 7 rz . ~.,.W` CA R006 0202 Page 1 of t Malek, Inc POLICY NUMBER: Ci~r 56~b216 ~~ COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J% TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: 2. Address: * SEE BELOIA 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 BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY CERTIFICATES ARE ON FILE WITH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM CG 02 OS 12 04 (cl I~(1 Prnncrtioc Inr ~nn4 0.,.... ~ ..s 4 n TE o2 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 Policv Number 12/31/07 BAP563621701 Named Insured r> hf~. _ Malek, Inc: Countersigned b ~ -~' F , -. f ~. '~ ~~~ ~` "~ ~ ~;~' (Authorized Representative) f THIRTY (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: _':~. / .' _ ,~ .,, - s~~; . Name (Printed): R. M. Lee Title (Printed): Managing Partner FORM TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement (Ed. Effective 3/92) Malek, Inc. BAP563621701 /' Blanket Waiver of Subrogation This endorsement changes the policy. Please read it carefully This endorsement modifies insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form 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. s t ~ d -' } ~? ~- re nnn~ n~n~ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 O1 (ED. 7-85) 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 Information 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 Service 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. TSF0001139713 Endorsement No. 3 Insured Malek, Inc. Premium ~~ - Lf Insurance Company Countersigned ~ ~~ ~~~=: ~ ; ,~~ ;r~F By: ~ ~r~= WC 42 06 Ol Name (Printed): R. M. Lee (Ed. 7-84) Title (Printed): Managing Partner ® WORKERS' COMPENSATION AND EMPLOYERS X 1V1 LIABILITY INSURANCE POLICY e~ t u Insur~nceCompzny 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 will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the 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 benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the 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 INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) %~ This endorsement, effective on ~ at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001 139713 20071231 Issued to MAL EK I NC / Premium $ Endor~sem~ent No. ' f Authorized Representative WC420304A (ED. 1-01-2000) of the Texas Mutual Insurance Company AGENT'S COPY JGRODELA 12-2fi-2007