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HomeMy WebLinkAboutC2009-581 - 12/15/2009 - Approved~ _2oo9-ssl M2009-347 12/15/09 Malek, Inc. S P E' C I A L P R 0 V I S I Q N S _.' S P E C I F I G A T I 0 N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F 0 R ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2 0 A 8 ) PROJECT NO. 4379 j -- __"\\ _ - . ~ .BRIAN S ~KELLY~• ~ •/ /..... ,.:.../ 5656 5. Staples, Suite 110 JQ>!E g.~iVINRTINEZ JR.j ~j 100368 ; ~i Cor us Christi, Texas 78411 ""' """"""':"'• ~~ ~. w, p ~~...~~. 893x5 ,'O <~C N D~:~k/~ Phone: 361/992-2284 ~ ., ~ ~: • .i ~'`~S• ~ .~•~j~'1Q/l~ Fax: 3611992-2287 ~ .'.~G~KS~•• _~ `• S~ • ~~ c5`~ A Texas Registered s'""'~• ~ ""~ ~ Engineering Firm ' ~ #862 /d/ s/o 9 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT N0: 4379. DRAWING N0: PBG-749 -~ (Revised 7/5/00) ART MUSEUM OF SOUTH TERAS HVAC (BOND 2008) PROJECT NO. 4379 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements. NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items.to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials }~ F:ccsa-vzsx^cc^ (Not Used) A-18 Schedule and Sequence of Construction n }9 ''^^^`r„^''; °`^,.;^ (Not Used) A-20 _. Testing and Certification A~2} nr^,^^~- ~; ,..^ (Not Used) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 715/00} A-24 Surety Bonds nzg ~^~^ m-,,.-~'~•^-~-~}=^z (NO LONGER. APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements A-2? 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 ~~ ..: ,.,,~^ ~.. ,_•,. e .,, D^~ ~~a (Not Used) Y ^ `i A-36 Other Submittals (Revised 9/18/00) n 3; ~e~~e~ "~~a~rgemen~ a~~ 6harge fer Wa~e~ F~tr~2ts-Yted-~-~he-~" (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} ~-4C r~;,. .,, ,.~ v;,.,.,. r~.,,. -i~..~J.,-.~-., i~i~inn~ (NOt Used} c , ~.,.,,. ,~,. ~.,,.-,.,.,~; -,~;~On, (Not Used} A-4-,-FLr-e Ee-:~s~r{rctie~ s~~.~ T~~ .,r A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Division 1 SECTION 01100 - SUMMARY OF WORK SECTION 01101 - EQUIPMENT DOCUMENT REQUIREMENTS SECTION 01200 - PROJECT COORDINATION SECTION 01300 - SUBMITTAL PROCEDURES SECTION 01550 - CUTTING, PATCHING AND DEMOLITION WORK SECTION 01600 - MATERIAL AND EQUIPMENT SECTION 01700 - CONTRACT CLOSEOUT PART T - TECHNICAL SPECIFICATIONS Division 8 SECTION 08110 - FIBERGLASS DOORS AND ALUMINUM FRAMES Division 15 SECTION 15050 - BASIC MATERIALS AND METHODS SECTION 15060 - MECHANICAL DEMOLITION FOR REMODELING SECTION 15140 - SUPPORTS AND ANCHORS . SECTION 15170 - MOTORS AND MOTOR CONTROLLERS SECTION 15190 - SYSTEM IDENTIFICATION AND PIPE MARKING SECTION 15240 - SOUND AND VIBRATION CONTROL SECTION 15260 - PIPING INSULATION SECTION 15290 - DUCT INSULATION SECTION 15510 - HYDRONIC PIPING ABOVE GRADE SECTION 15530 - REFRIGERANT PIPING SECTION 15671 - AIR COOLED CONDENSING UNITS SECTION 15854 - DX FAN COIL UNIT SECTION 15855 - AIR HANDLING UNIT SECTION 15860 - POWER VENTILATORS SECTION 15881 - AIR DISTRIBUTION DEVICES SECTION _1.5885 - AIR FILTERS SECTION 15890 - METAL DUCTWORK SECTION 15900 - DIRECT DIGITAL CONTROLS SECTION 15910 - DUCTWORK ACCESSORIES SECTION 15990 - TESTING, ADJUSTING, AND BALANCING Division 16 SECTION 16010 SECTION 16200 SECTION 16402 SECTION 16470 LIST OF DRAWINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 16 NOTICE AGREEMENT ELECTRICAL GENERAL REQUIREMENTS ELECTRICAL DEMOLITION ELECTRICAL WIRING SYSTEMS PANELBOARDS G1 LOCATION PLAN & DRAWING INDEX DAl MECHANICAL ROOM ARCHITECTURAL DEMOLITION PLAN - PHILLIP JOHNSON BUILDING Al MECHANICAL ROOM PLAN - PHILLIP JOHNSON BUILDING DMl MECHANICAL ROOM MEP DEMOLITION PLAN - PHILLIP JOHNSON BUILDING M1 MECHANICAL ROOF PLAN - PHILLIP JOHNSON BUILDING. M2 MECHANICAL ELEVATIONS - PHILLIP JOHNSON BUILDING M3 ART STORAGE VAULT 132 MECHANICAL PLAN - LEGORRETA BUILDING M4 CONTROLS SCHEMATICS M5 HVAC CONTROLS PLANS M6 MECHANICAL DETAILS M7 MECHANICAL SCHEDULES - PHILLIP JOHNSON BUILDING E1 ELECTRICAL PLAN E2 ROOF MECHANICAL ROOM ELECTRICAL PLAN E3 BASEMENT ELECTRICAL PLAN E4 ART STORAGE VAULT 132 ELECTRICAL PLAN E5 ELECTRICAL RISER DIAGRAM JOHNSON BUILDING PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: THE ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008), PROJECT NO. 4379; consists of: BASE BID: THE BASE BID PROJECT CONSISTS OF REPLACING THE TEN (10) CONSTANT VOLUME AIR HANDLING UNITS SERVING THE JOHNSON BUILDING OF THE ART MUSEUM OF SOUTH TEXAS WITH TEN (10) NEW CONSTANT VOLUME AIR HANDLING UNITS. THE EXISTING SUPPLY AND RETURN AIR DUCTWORK ROUTED ABOVE THE ROOF DECK SHALL BE REPLACED WITH NEW DUCTWORK. THE EXISTING MAIN CHILLED WATER AND HOT WATER SUPPLY PIPING SHALL REMAIN, BUT ALL BRANCH PIPING CONNECTING TO COOLING AND HEATING COILS OF THE AIR HANDLING .UNITS SHALL BE REPLACED WITH NEW PIPING. THE PIPE INSULATION ON ALL CHILLED WATER AND HOT WATER PIPING THAT WILL REMAIN SHALL BE REPLACED WITH NEW INSULATION. THE EXISTING CONTROLS SYSTEM SHALL BE REPLACED WITH A NEW DDC CONTROL SYSTEM THAT CAN BE INTEGRATED INTO THE EXISTING DDC CONTROL SYSTEM CENTRAT. STATION AT THE LEGORRETA BUILDING OF THE ART MUSEUM_OF SOUTH TEXAS. IN ADDITION, TWO (2) OPENING SHALL BE CUT INTO THE EXISTING REINFORCED CONCRETE MECHANICAL ROOM WALLS TO ALLOW THE INSTALLATION OF 6'-0" X 6'-8" DOUBLE DOORS. ADDITIVE ALTERNATE #1 CONSISTS OF PROVIDING NEW EMERGENCY DX SPLIT SYSTEM AIR HANDLING UNIT AND AIR-COOLED CONDENSING UNIT TO SERVE THE STORAGE VAULT AT THE LEGORRETA BUILDING. THE SYSTEM SHALL BE POWERED THROUGH AND EMERGENCY POWER PANEL. THE EMERGENCY PANEL WILL HAVE CONNECTIONS FOR A PORTABLE GENERATOR. ADDITIVE ALTERNATE #2 CONSISTS OF PROVIDING TWO (2) ADDITIONAL OPENINGS IN THE CONCRETE WALLS OF THE MECHANICAL ROOM. ONE OPENING WILL BE FOR A 4'-0" X 6'-8" DOOR IN THE EXTERIOR WALL OF THE BOILER/ELEVATOR EQUIPMENT ROOM AND THE SECOND WILL BE A 6'-0" X 6'-8" DOUBLE DOOR AT THE BACK EXTERIOR WALL OF THE MECHANICAL ROOM TO ALLOW FOR ADDITIONAL EQUIPMENT ACCESS. CONTRACTOR IS ADVISED THAT SPACE CONSTRAINTS INSIDE THE MECHANICAL ROOM WILL BE A FACTOR AND THAT ALL NEW EQUIPMENT INSTALLATION SHALL BE REQUIRED TO BE COORDINATED DURING SUBMITTALS AND CONSTRUCTION. THE CONTRACTOR IS REQUIRED TO PROVIDE TEMPORARY AIR CONDITIONING UNITS TO AIR CONDITION THE MUSEUM EXHIBIT SPACES AS THEIR RESPECTIVE AIR HANDLING UNITS ARE REPLACED. THE SPACE CONDITIONS THAT SHALL BE MAINTAINED ARE 73°F AND 50% RELATIVE HUMIDITY. 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, December 02 2009, and then publicly opened and read bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10 a.m., Wednesday, November 11 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are Revised 7/5/00 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 Fift and no/100 Dollars ($50.00) as a guarantee of their return in goo con ition within two weeTs of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer .and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/SJ00 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 INSIIRANCB MINIMDM INSURANCE COV8RAG8 30-Day Notice of Caacellatioa required oa Bodily Injury aad Property Damage all certificates PER OCCIIRRENCE / AGGREGATE 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 environmental impact for the disposal of NUT REQUIRED contaminants BUILDERS' RISK See Section B-6-il and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ® REQUIRED ^ NOT REQUIRED rage 1 ~L G IJ-The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of t-~e project must be listed under "description of operations" on each certificate of insurance. CFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should ,you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of I 1 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings; unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. -- (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which • - establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services an the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entiTy. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project; regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, Leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable. toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that-all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance cannier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, _ .without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shalt: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end ofthe coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no Later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to. the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project,, for the duration of the project; (B) provide a certificate of coverage to -the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E} obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, 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 current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing Yy certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certif ed mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on.the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, °-- Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Biil 1089, 74th Legislature, 1995, § 1.20}. This subsection applies only to sole proprietors, partners, and corporate .executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexIZeg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or .other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of I 1 ~r2ssl lo.i io~~}~~} 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 (TYVCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless. of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. ",Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, 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 certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of - coverage ends during the duration of the project. Page 9 of l 1 F. The contractor shall retain all required certi, f Cates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shalt post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb 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 ftling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required cent ~cates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by cert~ed mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of I 1 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 contrac~or 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 ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) PROJECT NO. 4379 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor ofCity Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, December 2, 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: BID PROPOSAL - ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) PROJECT NO. 4379 Any proposals not physicalay in possession of the City_ Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on November 11, beginning at 10:00 AM and will be conducted. by the City. 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 Base Bid: The base bid project consists of replacing the ten (10) constant volume air handling units serving the Johnson Building of the Art Museum of South Texas with ten (10) new constant volume air handling units. The existing supply and return air ductwork routed above the roof deck shall be replaced with new ductwork. The existing main chilled water and hot water supply piping shall remain, but all branch piping connecting to cooling and heating coils of the air handling units shall be replaced with new piping. The pipe insulation on all chilled water and hot water piping that will remain shall be replaced with new insulation. The existing controls system shall be replaced with a new DDC control system that can be integrated into the existing DDC control system central station at the Legorreta Building of the Art Museum of South Texas. In addition, two (2) opening shall be cut into the existing reinforced concrete mechanical room walls to allow the installation of 6'-0" x 6'-8" double doors. Section A - SP (Revised 12/15/04) Page 1 of 22 Additive Alternate #1 consists of providing new emergency DX split system air handling unit and air-cooled condensing unit to serve the Storage Vault at the Legorreta Building. The system shall be powered through and emergency power panel. The emergency panel will have connections for a portable generator. Additive Alternate #2 consists of providing two (2) additional openings in the concrete walls of the mechanical room. One opening will be for a 4'-0" x 6'-8" door in the exterior wall of the Boil.~r/Elevator Equipment Room and the second will be a 6'-0" x 6'-8" double door at the back exterior wall of the. mechanical room to allow for additional equipment access. Contractor is advised that space constraints inside the mechanical room will be a factor and that all new equipment installation shall be required to be coordinated during submittals and construction. The Contractor is required to provide temporary air conditioning units to air condition the museum exhibit spaces as their respective air handling units are replaced. The space conditions that shall be maintained are 73°F and 50% relative humidity. A-4 Method of Award The bids will be evaluated based on the 1. Total Base Bid, or 2. Total Base Sid plus Additive Alternate #1, or 3. Total Base Bid plus Additive Alteraate #1 and Additive Alternate #2. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposals 1. 5~ Bid Boad (Must refereace ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) PROJECT N0.4379 as identified is the Proposal) ,~,:_ (A Cashier's Check, certified check, mosey order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the entire Project (including any additive alternates, if awarded) 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 Sectioa A - SP (Revised 12/15/04) Page 2 of 22 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 dama~s wi'.1 be assessed against and paid by the Contractor at thee. highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working .on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal,. Failure to do so will be interpreted as non-receipt. Since addenda can have significant .impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Wage Rates. In ease-a= ee~€liet, ~......v_ ~,.v ..,,.,,, ,~;..z.,,,,. a ,} Minitmun Prevailing Wage Scales The Coypus Christi City Crnmcil has determined the general prevailing minirman hourly wage rates for Nueces Cotmty, Texas as sit. out in Part C. The Contractor aryl any subcontractor must not pay less than the specified verge rates to all laborers, worlrn~eul, and mechanics employed by them in the execution of the Contract. The Ccmtractor or subccntractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, 3actioa A - SP (Revised 12/15/04) Page 3 of 22 worlanan, or mechanic employed, if such person is paid less than the specified rates for the classification of work perfornied. The Contractor and each subcantractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in coraiection with the Project and shawisxi the actual wages paid to earn worker.. The Contractor will make bi-weekly certified payroll submittals to the City Erugsieer. The Contractor will also obtain copies of such certified payrolls fran all subcontractors and others working on rthe Project. These doc~mients will also be submitted to the City ~n~Y bi-weekly. (See section for Miamrity/Mir~rity Busir~ss EnteYprise Participation R~licy for additicmal requw.r~nents concernirxJ the proper form and content of the payroll submittals.) One and one-half (1'~Z) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in arty one week and for all hours worked on Sundays or holidays. (See SeCtiari B-1-1, Definition 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) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any _-- fac3l,~.ty by .casing the. Texas. One-C~1.1 System 1-800-245-4545, the :Ir~r~e Star Nc~tifica?;~ion Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engir~er Project Erx~ineer Bath F Sri naPring, InC . Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP AT&T/S B C City Street Div. for Traffic Signal/Fiber Optic Locate Cablevisicn ACSI (Fiber Optic) I(MC (Fiber Optic) ChoiceCan (Fiber Optic) C9:PROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826-3500 361-992-2284 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 A-12 Maiatenauce of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However,. the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Section A - SP (Revised 12/15/04) Page 4 of 22 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 ether sewers or by temporary pumping to a satisfactory outlet, all with the. approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access aad Traffic Coatrol Sufficient traffic control measures must be used to assure a safe candition 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 Coastructioa Equipment Spillage aad Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must... be used where necessary to keep. these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 8xcavatioa 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. Section A - SP (Revised 12/15/04) Page 5 of 22 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 r--"- other unwanted~'tnaterial becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT IISSD) A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALBZ7DAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3} days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped ____ activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control (NOT IISBD) i he axavrxxxyo ~cca~~ep~e$ ~~~ £tB~ ~eeesea~~}~el~tde ~fi4e$, 5~16p2S~ i i i i rem}re~be ee~str~c-~~p~e~eet e€ t-lzi$~t-~~e. Section A - SP (Revised 12/15/04) Page 6 of 22 estab~}shed-bathe Eiger Ee~rs~lta~~--P~e3-eel Eagiaee~ as~eeessa~3s Pest to the~e~tr~ete~. Ee~r~el~e}its er be~eh mar3~s damaged~s-,a res~rlt of • ?•~11 e~rb ,. .moo • ~ F ~ _~,,..~~ • ~ ~ F„ rc~,: ctiix~ lira.-v= ccc cxa iir~-v=-c'xt cucircc.c esicc • Et~rb sad gutter €lew-lime bet-h-sides e€ street e~-a-2~, ~~}~r.,_,; ofreet crv'vvixo eix a ~ee~ interval a33~~'1-~-cr~~ fi4t~r3eet~61~9. A-20 Testinct and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will-be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Section A - SP (Revised 12/15/04) Page 7 of 22 e~}a}ea-e€ the ^-=t;' -- Ee~s~lta~€ ~~a~ee~ ~~Qiaee~, the __z~__ca ,x_:__~t_c~ •A~~=t}ag~reastr~e~ea~s as re~i~e~ €e~ the Eity-er Ee~s~t~~axt ^==;~~'- --- Eng}veer to revise tb~-~a~xyo- A-21 Project Signs (NOT IISBD) A-22 Miaority/Miaority Business $aterprise Participatioa Policy (Revises to/9a) 1. Polic It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. :- 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, .services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and. share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). •- (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate _ shares must be owned by one or more minority person(s). Sectioa A - SP (Revised 12/15/04) Paga 8 of 22 2. Controlled The primary power, direct or indirect, to manage a. business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, _ interest payments, commissior:3, 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. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor s aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor s percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. Section A - SP (Revised 12/15/04) Page 9 of 22 b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00). The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bolds --- _ __ _, _ 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 reinsurer{s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that. is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT IISBD) Section A - SP (Revised 12/15/04) Page 10:of 22 • ,l ..,,... ..F ..~.....: ..1 .. r-ter ~.-~- ~-~- -- ...~-----..-. l ... 1.......n t ......., -- £~~e~~1=a~?...te~~s-ale eligible €e~' sales tam-e~e~ap~ie~s- }€- ~ alse ee~lres with the abet, e-r2gtt}r~menta . '£he Ee~r~e-tee ~ttt~ igs~t~a , 3ss~es--a-resale eer~i€ieate t= '.'_= - ~~, ~ ~° A-26 Supplemental Iasuraace Requiremeats For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material than a to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an Section A - SP (Revised 12/15/04) Page 11 of 22 additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply .except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Iastallatioa Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Iastallatioa Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien; the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder. shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities.. Section A - SP (Revised 12/15/04) Page 12 of 22 A-29 Contractor's Field Admiaistratioa Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of protects 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 ~ginee"r. 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 ffigineer's obligatioa to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Ameaded "Coasideratioa of Coatract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Section A - SP (Revised 12/15/04) Page 13 of 22 Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that .__ wi,11_~erform 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, information identifying type of entity and state, i.e., Texas (or other state? Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity.. A-31 Amended Policy oa ~ctra work and Change Orders Under "General Provisions and Requirements for Muiv.cipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. 'The Contractor also acknowledges that the City Engineer may authorize chaaige orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Sxecutieon of Contract" R~+,; r~neats Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees: Contractor has no cause of action of arty 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 12/15/04) 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-Bid 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 USED) 311 x~ate~}als aid eq~ip~e~~-used . rat the repair, reassem~~~, ~raasper~a~}ea, re}~s~alla~}ems-, artd }~speetie~ of--ms ~h wit}eh ee~ld r f~ m ~r-e-} t t t i~h hl t s, er-a~y ~ ~ ~ e e s, ee ~ e~ee~ ae vt -po- ~ e f Ameriee~-N TM^~`~„ ~ zf l ~t ~- ~ wa e~~~ ~~~*,_~;..~_, ee~r ~~ e a ena a rr s a~.,,.,a.,,..a a... : c; .,~, Section A - SP (Revised 12/15/04) Page 15 of 22 ~~~ ~~aa~ Qeae~a€e~ ~~-€~e C-e~~~~e-~e~ e~ ~€s e~g~e~ees, age~~s, ~~~~A~~o~T ~sz ~e ee~€a}~e~ a~ a~~ €}~-tes a€ €~e wa~e~ s~a~~ -~~ee~--we~-3~ areas-e~ea~a~ a~~ ~i~nes-aa~ re~-e~e-a~.~ ~r-as~ ~a~- ~'. ~e~r~ae~®~~-s~e~eeaae~ t~-wea~° ee~er~~ ~~€e~~ eve~a~~s e~~e~ G. Ce~r~e~er s~ta~~-pr~~i~e-~e~e~e~es €e~ Ee~~~ae~er ~- -----=°'- - i. cviiciue•$ei~' ~e-~ }3e~titse a~~E'~~~€e"leiii~~~~e9~~ee~9. r'^^~'^^^~,-.,•. -s o . s=a:= ce'ir`vts'cC$e~' ue~i@~e9 F[ti49~ ~e--~1°~Ee~-a~ ~E9~~~E3a~e~ 9~~e~ aS ~eeign~€e~--~~4~~F-ids€e~ $e~a~€~e~€ s-€a€€~~~ Ge~r~ac~e~ ~e~te~es der-sc»e~ ~s~ ~e is ee~~art~~-vet}ekes . ~~}erg-wer-~iag-~; cv: c.cuti.cci`' e~p~9~ee5 ~Ett35-~4i8~ iea~re ~~e ~e9~Q33a~e~ ""~"'•"~'""" aroma-ae~--~~~-r--"r~~.,~k;-aa~~A}~~t~gs a€~e~ €~a~ €e~ -=s~==="-' ---='-= er-as-a}ree~ea-~~i~~~-~~e~ „~~..v~_= =~ ..,.v,....,.,,., acv=.... ----- ,~,,.,,.. -r"-- r----_"_-- __~ ~~-__-1~ ..~~ ±'^'1~' vvV~~ ~e GISe ee~~~~e~ 17aseR ~e'~~GV ~~~~ a~ CL ee~G}~B~ ••e ... -1 - 4 e~m w~_e~F --_-- 4 ~ ~xa~}€€e -t-~ a€}ens ~ ~~~~ a ~e~ era ~ eez Qs-Q~~~inrm~~- C i' a A ~q + 2 C ~ ~ ~ }€~ €}ens ~ ~ ~~€~eas .CGA, R =a iz 7fC'jt~L iZie R~ ~ ~r ot .~ =[L[2 e ~} € ~ ~, tt16 in -~ ea , a a~~}er , ==};~~ ar~s, ee ewes-, se ~~a s erg, s g, ---- ---~ , - ~~ f - ~i e€~ v e }€}e~ e~ ~e ~ }~e~--~ ar ware a ei}--a y. 7~,er~ er s wa ~e s q e ~ Section A - SP (Revised 12/15/04) Page 16 of 22 ~ . Re-}e ~egsla~l a~--eent~~el sy rri~a i cii n-, l , :~ t rar ~ iie-bas- e~€e~t y-engaged }~ the eem stem~~si~ie~e~s-Pre€ere •.• a .. ~. ,,..,., ~ y= iy a.. d 3 t € pttte~ bases -~ ^: }..v: rR AlY--as-a~~lie~te t~xe bl i ~ e .mad-ee,,.p1 °c3csty *wv 3. ~Feihas been ae be~'e}~ €e~~t l ;;e-e,~; g io : ~ae~ ~ en sys ems a - -as =egcc=P'eE~ }~ this ^~... €}vely-enga~e~}~ t-be-t east 5~ea~s. ? y t d ~ ~€ f l eemgara e s ge, €~e, eent~aet ef3 at leas yg~e€ were speei€ied E } C l . Y y .. ,~ ' :ee ~e~'€9i~'iFl $$3e-•___ ~ He ext rle s ers „~ „ e~e c ess e~a ~, e~ a~ ~lee~~}sal-Ee ?_ _^m,iraarl hs:-.this, anr~ri -z---_~ ~i _r__ ee~el en th} ~ ~- t ng Weer, a e:~re gi~ee~-be-s~g~~,~e- ifia~+-ilaa_ ____~.._..--... b b ^ ^^F,.,,., € y ~ aemple~ed~-ma z-tnc~-imgleme~t} se€tware~~epes ee~viee-€ae}1}t maintain, ~epa F < ,.. a t, ....,... t . _r _______. -..._... _ =' "^ ah~'-1-f_urn~ ~µ1y"l~'IS£1tl GU~Y_G G0 .. a~ _ net-~~aetieaf, ~8 ~~}e~ e~€e~ma s e se ne€ae€~~e~~-s tea}~i~ ng the spee}€}e eem ed €e~ t13e ^^~~ ~~-6i}tb}~ 499 miles e€ }~, sal}bate, aid- ,, __. ak eg ~Pment dabieb is GZIG m_ a~}mt~m--p~aetieal all eq~iprne~t e€ a gi nee at th -A ~d St Ba are e ee~~se ~ ^~F' ~.,°~ ~-- gtxte~s, RTHS' s, aid the-~re~-ee~t site to p~egram the systems the-~~ed~et e€ ewe 4 TL.'. exteR~i~.re tie is ves t~Fge vr`ill be-;~e : t . ~ ~~~~~ ~aa-z1 bo ^.~~=tae-ta~~ e . . e u ea =_= evaluating ~eg~ams the new wer# €a vens, ~ e~ T~eatmen~t vah}eh eeat~aete~ e~ ~~'~== n-^, ^-•~- ]alaa~FO Y(3~ 11 YG ~eqn}~~d, to a S~?~?ti-system. p~~ammi~-}~le ^~--~=-te-th *~e-p~eg~ammi~t~ is met i~tte~de Q tG O=SO\P t~e~I~J~e~~a dd these tFae systems 3~ttaebed is an e~am e3~s v~ihieh the E}ty-refi e-C~t~~S~}~tee~ w}fib a phzse The attaebed sh d-te sheds all e€ t~xe mm~}~~ ap needed CC=S~ to the e~istr~rg Et~y gle e€ the-regn}reQ t}yes to be €}lied }~ lb eba~tges made.g eet }s an eaeam~le a~td -~eqt~}red s~eebs. 'F~e ~la~t€-shall be-~e~€e~med txs}ng a bae3ehee e~ hanr~ dig+giag die ~ F'^ ,,,,~.=~ a€-eaeis~}~-t~~e~}~~t~n+~ ebst~t~etie~ts ~ -~^,,:-^^ sha3.1-3~e-allewed- e~i t-he-~e~ee~t- A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this _Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or Section A - SP (Revised 12/15/04) Page 17 of 22 supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract ~` documents: ` e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 2. 3. 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.,comp~eted 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. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and -- all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water I~raished hY the City" (1~DT IIS~) Sectioa A - SP (Revised 12/15/04) Page 18 of 22 A_-38 Worker's Compensation Coverage for Building or Construction Projects for Government Batities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy sad 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 8-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (NOT USED) ---~e~adv}sew-has beep }s•s~e~e~eeg~€e~ ~epa}mss . The-Git~Eng}~teer~~ the day--will set be eets3te~as a wes# da~a~~--the-ee~€r-ae-~e~ u~311 be Pempensated at tote ttrt}t-g~tee-i~ieated in--the r==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. A-44 Change Orders Should a change orders} 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 Section A - SP (Revised 12/15/04) Page 19 of 22 breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimeasions aad 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) ilpon completion of each facilit~r, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions,`' and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT IISED) izic cvxztxactvx oxia~~ be ~'e9pe43S~~3~e €ei' the d}epesal 6£ Wa~e~' used €~6~'_ test}erg, d}s}n€eet}en aid lime xsx czic vraccx~ax txeala~ly h}gh ~eve~9 6~ ehle~'~~e, w3.~~ he l~9eaa-~rcr ~xo xzx=cccsvzx, a~~ mag-e3~eeed ~~3e-~3e ~'m~es~~~e ~~Rt~~S ~~~' ~3.3e~3a i~'ge-rrrcv ay czxv xcv teach a9 `~~~'E, ~''~~, ete ~t 6T~~~ be the C-~~rtrae-te~'•• ••r •• ~L",:`• t6 eeE~tgl~da}t~3 $he ...+.... ,.F ..,, ,, ..~-.. ~-1..~, a: .,, ..r ~~ r i.n .... ___ ... -_- ~_=r_=~_ _- __________-_ .___ -. ___ __... A-47 Pre-Constructioa Exploratory Excavatioas (7/5/00) (NOT IISSD) a==a 2~tPese all eaeistieg~ipeli~es e€ the~se~-ee~that~,ree~s--within ~A-€eet of p~epesed-Pipel}wee e€ the--~~egeet aid ~e~r~ete~ shall s~tr~~ the-~~ae~ ,,, . app~e~}mate}gin the-rear; dis-ta~ee t@ the-~ne~t-ee~~erliae-~:a ele~r-a~4erts~€ th '-~~ ^F ~'': ~, . . Sectioa A - SP (Revised 12/15/04) Page 20 of 22 A-48 Overhead 8lectrical Plires (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 Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct - suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such cost shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) PROJECT 4379 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BATH ENGINEERING, INC. -`-CONTRACTOR r SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL SeCtioa A - SP (Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of JANUARY, 2010, 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 $441,639.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) PROJECT NO. 4379 (TOTAL BASE BID + ADD.ALTS.#1,#2,#3: $441,639.00) 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 11/24/2009 10:00 8263802 ENGINEERING PAGE 14/19 8A$L BID I ITE1t Hase Bi,Cl III ~ y II REPLACE TEN (10) C0N3'tANT VO2,[A~ AIR HANDLIt4G UNITE SERVING THE 30HN8ON ai?ILDING OF THE ART NOSEOM 08 30aT8 TEXAS 1IITH TE1~T (10) NE9i CONSTAPT V0Lt31~ AIR HAPDx,,tNG ONI'~S. REPLACE EXISTING $IIPPLX AND RETt1RN AIR DDCTNORIC ROOTED ABOYE THE ROOF DECK. RE~,ACE ALL HRBNC$ FIPING GONNEGRING TO COOLING ANp HSATIIOG COILS OF T8E AIR HANDLE tJNIT3. REPLACE PIPE INSULATION ON ALL CHILLBp 91A~'ER App HOT HATER FIPING TO REMAIN iiI'.l'H N89i INSULATION. ~ saw..:~ Awl COT TNO (2) ~tPOOM iiALLS ANDTANSTALLT (26 E~p RgE fi19E8C$ANICA~. $ •~~ ~ ~~ ~ z DOOBLS DOORS. J a~ saa: tBid Item I) ~eevisea PsoposAl Foteen page 3 of 8 ~ ~~~ ~ ~~ ADDENDUM NQ, 1 ATTACHMENT N0.3 Page 3 ofi 8 11/24/2009 10:00 8263802 ENGINEERING PAGE 15119 ADIfI'1'=VB ALTER ~O. ], ~_ I s~ =ra v _~ ts~a zotai PROviDE NEW B~RGENCY DX SPLIT SX3Tl~! AIR HANDLING OlOIT AND AIR-CQOLSD CONDENSING UNIT TO SERVE THE STORAGE VAULT AT TgL AA1 LEGORRETA BUILDING. THE SYSTEM SHALL BE P~EBD THROpGH AND P~l9ERG8NCY POWER PANEL. _ TI~$ EMERGENCY PANEL PILL HAVE CONNECTIONS FOR A PORTABLE GENERATOR. $ p~ ~ p~ JL `~'_-- - i ADDITIVE ALT~-'Pa S=D; (did ~~~ AAA ~ ~ ,a~~ ..~ ADDITIVE AL'ra xo. z ~~ =~x ~, PROVIDE I'G~TO (2) ADDITIONAL OPENINGS IN THE CONCR$TE WALLS OF THE l~CF1ANICAL ROOM. ON$ OPENING 'WIt.L BE FOR A 4' ~0" X 6' -8" AAZ DOOR IN THE EXTERIOR WALL OF TAE BOILER/ELEVATOR $QtJYpMENT ROOM AND TH$ SECONb WILL BE A 6' -0" X 6' -8^' DOUBLE DOOR . AT THE 814CK EXTERxOA T~AI,L OF THE MECHANICAL ROCN1 TO ALLQW FOR ADDITZO~iAL Q~ EQUIPMENT ACCESS. $~ v ADDITIVE AL~,'8,1~11TE BID ; (Bid Item AA2) tieviSeal Propo®ai Foza~ Page 9 of 8 .. ADDENpUM NO. 1 ATTACHMENT P10.3 Page 4 of 8 11!24/2009 10:00 8263802 ENGINEERING ADDITtVB. ALT8RI~AT~ NO. 3 ~[Q SUMMARY PAGE 16/19 TOTAL HASH SID : $ •3~ ~ 1~ SA$$ 8Ia + ADDTTIVH At+'1'BRNpiT~3 ZTo. 1: $~ ~ ~ ~ ~ .J~ E'xD + ,A~]DI'8IVk1 ALTS No. 1 axe 2: $ _ 1 ~ V .~~. SA,a3E HiD + .i~~DZRI't~ AIaT8R[QA~'8'i ~T~t 1Q0. 1. 2 aad 3: $~~ ~ 3~ Revised Proposal Potm ADD~IDUM NO. 1 Pdge 5 of 6 ATTACHMENT NO.3 Pane 5 of 8 ADD2T~,yB ~LTB~l1'E SID : $~~~~~ (Bid Stem AA3) 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 e retary CITY OF CORPUS IST By : ~- Juan Perale , Jr.,P.E. Assistant City Manager Engineering/Development Services APPRO D AS TO GAL FO ~~ By: BY• Asst. City Att ney ~~ZLete Anaya, P.E. Director of Engineering Services AT T: (If Corporate n) (Seal Below) (Note: If Person signing for __ corporation is not President, attach copy of authorization" to sign) CONTRACTOR Malek In . By: 4' Title: CEO P.O. BOX 679 (Address) CORPUS CHRISTI, TR 78408 (City) (State)(ZIP} 361/888-8281 * 361/888-7257 (Phone) (Fax) Agreement Page 2 of 2 ~Y couNCi~ ....~,~.~..',~,C.~"..1.~ nnyff~~iw_.~~/~t~(r~ C r .~/WAf~~i i,11N~ R 11/24/7009 10:00 8263802 ENGINEERING PAGE 12/19 P R O P O S A L F O R F ~ R M ~T ~cNs aF sav~rx ~ xv~,c ta-o~ 2oos~ PRaJECT NCB . 4 3 7 9 DTspARTMENT OF Et3GxNEERING SER9ICES CITY OF CORPi1S CHRISTI, TEXAS ReQised Pxopoeai a'crm ADDE7VDUM NO.1 ~aqe ~ of s gTTACHMENT N0.3 Pape 1 of 8 11!24/2009 10:00 8263802 ENGINEERING PAGE 13/19 PRC3PQSAL Place: Ltk~ ~~ G~:~Q~ CL,+~:;i~'~ Date: ~~ ~ ~~~ Proposa]. of ~~ ,- ~; ~' a Ca~:~poration orgax~ixed and exzsting under the laws of the ;'Mate of OR a Ear~tnership yr Individual doing business as 'I'O: '1'hg City cf Caxptas Chri.s~hi, Texas Gentlemen: The undersigned hereby proposes to furnisk~ all labor and materials, tools, and necessary equipment, and to perform the work required for: ART MOSSUM OF BCQTH TSBAS HVA~ {HOED 2008} PROJECT' ISO. 4379 at the locatior s set out by the plans and specifications and in strict accordance with the contract documents for the fo~,iowing px'ices, to~wit: Rpvietd Yroposai Form ADDENDUM NO. 1 page 2 of a ATTACHMENT' N0.3 Pace 2 of 8 11/24/2009 10:00 8263802 ENGINEERING PAGE 14/19 I u Base Bid r=s ! v ra REPLACE TEN (10) CONSTANT VOLUME AIR HANDLING IINITB SERVING THE 3OHNSON BtJIr+OING OF THE ART MUSEUM OF 30UTR TEXAS aiITH TEN (IO y N$;W CONSTANT VOLIIME AIR HANDLING UNITS. REPLACE EXISTING SUPPLX AND RETi1RN AIR DUCTliORiC ROUTED ABOVE THE ROOF DECK. REL~,ACE ALL BRANC~i PIPING CONNECTING TO CLING AND HEATING COILS OF TSE AIR HANDLING UNITS. REPLACE PZI+E INSIILATION ON ALL CHILLEp NA7ER AND HbT WATER PIPING TO REMAIN PITH NEi1 IN3DLATION. T9C s-sasa rar, anew CUT TNO (2) RpOOMINpAI.LS ANDTINST~#LLTS2G CRONOCREXESME8CHANICAL $•3~~~~ DOOBL>r DOORS. Tom ass B=~ {Bid 2tem ~) ~ee~viseQ Pzopogdl Fornt pege 3 of 8 ~ ~~~.~~3 ADDENDUM NQ, 1 ATTAGHMENT NO. 3 Page 3 of 8 11!24!2009 10:00 8263802 ENGINEERING ADDITIVE ALTER MO. ]. PAGE 15!19 I II iIl Y TTY QTY Daoariptfoa Total PROVIDE NEW 8~lERGENCY DX SLIT S7fSTE~1 AIR HANDLING gNIT AND AIR-COOLED CQNDENSTNG UNIT TO SERVE THE STORAGE V,AIILT AT THE ~~- LEGORRETA BUILDING. THE $Y3TEM SHALL SE POWER$D THROUGH AND EMERGENCY POWER PANET,. . Tt~E EMERGENCY PAN$L NILY, ~iAVE CONNECTIONS $ ~ ~ ~ ~l. FOR A PORTABLE GENERATOR. V ADDITIVE ALT~ii7-'Pa BZn ; ~ ~~1=~~,~ (Bid Item AA1) ADDITIVE ALTEREA'PS MQ. 2 a ^. z~ =~I v ITEM Q'~1'Y Desar tioa Total PROVIDE TWO (2) ADDITSONAL OPENINGS TN THE CONCRETE WALLS OF THE MECHANICAL ROOM_ ONE OPENING WILL BE FOR A 9r~0" X S+_ga AA2 DOOR IN THE EXTERIOR WALL OF TAE BOILER/ELEVATOR FQUYPMENT ROOM AND THE SECONb WILL BE ,~ 6r -8" X 6' -g^' DOUBLE DOOR AT THE SACI£ EXTERxOtt WALL Off' THE MECHANICAL ROaNJ TO ALLOW FOR AriDITZp'~1,~, EQUIPMENT ACCESS. ~.,~ j,~~ ADDITIVE ALTERS BID: (Bid Item AA2) aev£ssd Proposal Fw~m Page 4 of 8 ADDENDUM NO. 1 ATTACHMENT NQ. S P~qe 4 of 8 n 11/24/2009 10:00 8263802 ENGINEERING ADnIT2V8 ALTBR~AT~ gyp, 3 SID 8UIM111RY PAGE 16/19 sAS~e sm + ~-oDZSrv~s ~rzE~zs aTo. 1: $ ~ ~ ©`I .J^' Q~ .~.~ BASE E~7.Li + +ADDITIV,O A7+ No. 1 and 2: $~~ p SAa3E Hrn + Ar~DtTZVB A,I.TBR[4A~'E ~Tffi~t NQ. 1, 2 aad 3: $ ~ 1 1 r_ ~tev~.sed Proposal Paz~n ADDENptJM N~_ 1 Page 5 of 8 ATi'ACHMENT ND. 3 Pace 5 of 8 ann~z~ nLL,~ am : $ ® ' (Bid Item AA3) 11/24/2009 10:00 8263802 ENGINEERING PAGE 17/19 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract r:acuments relating to the work covered by his ba.d 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 t10) calendar days execute the formal contract and will deliver a Pe:::formance Bond (as required} for the faithful ~erforznance of this contract and a Payment Bond (as required) to insure payment: for all labor and materials. The bid bond attached to txis praposal, in the amount of 5$ of the highest amount bid, i::~ to become the property of the City of Corpus Chxisti in thE:: event the -contract and bonds are not e~secuted within the t:i~t=e above set forth as liquidated damages for the delay and addit:•ional work caused thereby. Dd3.mo:rity/~i~aority Susiaess 8s'terprise ~ar'ti.cipataon The apparent 7.ow bidder shall, within five days of recezpt of bids, submit to the City Engineer, in writing, the names and addresses of '~lBE firms participating in the contract and a description of the woxk to be performed and its dollar value for bid evaluation purpose. Ntaobe~r of Signed Sets of Docw~aeats : The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Tune of Co®p3etioa: The undersigned agrees to complete the work within 21a caleader days from the date designated by a Woxk Order, The i..ndersigned further declares that he will provide all necessary °:ools and apparatus, do all the work and furnish all materials a::nd do everything required to cazry out the above mentioned work covered by this proposal, ~.n strict accordance with the cont~.act documents and the requirements pertaining thereto, for thY sum or sums above set forth. k~eceint of- the following addenda is acknowledged (addenda number) : _• C , ..~ ~, --~--- Respectful -~ubznitted: ~vame By: (SEAL - I~ BIDDR YS ( IC~TpRL a Corporation) Address: ~~ .O. Bo~ (str ~ - 'a P ( 3b~"~~6-~~'~ (Zip} Tele hone: Pow: t30 not detach bx9 trwa other papers. Fill in with ink ~Ad submit compl®te with attached psoers. (Revised Angust 2000? Revised Proposal soxm ADDENDUM NQ. 1 8ag¢ s of s Al`TACHMENT N0.3 ~aae a ~ s P E R F O R M A N C E B O N D BOND NO. PRF08962273 STATE OF TEXAS § COUNTY OF NUECES § I~TOW ALL BY THESE PRESENTS: THAT Malek, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT COMPANY OF MARYLAND 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 FOUR HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-NINE AND NO/100 ($441,639.00) 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 12TH of JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: ART MUSEUM OF SOUTH HVAC (BOND 2008) PROJECT NO. 4379 (TOTAL BASE BID + ADD.ALTS.#l,#2,#3: $441,639.00) 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 FURTBER, 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 i 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. A 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 21sT day O f JANUARY , 2 O 10 ~ PRINCIPAL e w MALEK, INC. ~~ B y : G;Gi t (Print Name & Title) v ~ ATTEST ~e.V?aCS c. ~ R IZ.~t ru (J7TI GQ V U~ vV1G (Print Name & Title) ~ SURETY FID T,TTV & D OST_T OM~ANY~E M_ARYT.AND ~. 1 COLONIAL AMERICAN CASUALTY & SURETY CO. e By~ Attorney-' fact MARY ELLE OGRE (Print Name) ~ A9el2Cy: SWANTNER & GORDON INSURANCE AGENCY COAtaCt Person: MARY ELLEN MOORE AdC1Z'e88: P.O. BOX 870 I - CORPUS CHRISTI, TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 i P A Y M E N T B O N D BOND NO. PRFO$962273 STATE OF TEXAS ~ RrtOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Malek, Inc. of NUECE3 County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT COMPANY OF MARYLAN~* 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 FOUR HUNDRED FORTY-ONE THOUSAND SIR HUNDRED THIRTY-NINE AND NO/100 ($441,639.00) 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 12TH day JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: A ART MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) „, PROJECT NO. 4379 (TOTAL BASE SID + ADD.ALTS.#1,#2,#3: $441,639.00) ., 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 w shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this ~' bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that ~' no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be ~~ performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, ~ Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said _ Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices ma be delivered and on whom service of y process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 21sT day O f JANUARY 2 0 10 PRINCIPAL w MALEK INC. " By: /~ [~ovy ,~P~/o LEo ~ (Print Name & Title) ATTEST w (Print Name & Title) SURETY t FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. A By: ~ Attorney- -fact MARY ELLEN MOORE (Print Name) A9@ACY: SWANTNER & GORDON INSURANCE AGENCY ~ COIItaCt Person : MARY ELLEN MOORE - AddL'ess: p_n_ nnx Ran CORPUS CHRISTI, TEXAS 78403 i Phone Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond ~ Page 2 of 2 OP ID NESS ~~~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDnYYY) MALEKCI o1/a1/lo PRODUCER THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE Swaistner & Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Sox 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Photie:S61-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Republic Lloyds 19208 INSURER B: Republic Underwriters 24538 Mslek, I=1C. Frank Malek Attn INSURER C: Texas Mutual In8 CO 22945 : PO BOx 679 INSURER D: SOUthern Insurance Co 19216A Corpus Christi TX 78403 ~ 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 CONTRACTOR 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 AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURAN E POLICY NUMBER DATE MMIDD/YYY DATE MMIDDIY LIMITS GENERALLIABiLITY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY CMP563621602 12/31/09 12/31/10 PREMISES (Eaoxurence) _ $ 100,000 CLAIMS MADE X^ OCCUR ~ MED EXP (Any one person) $ 5 , 0 0 0 ~ PERSONALBADVINJURY $ 1,000,000 X Per Project Gen A GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , O O O , O O O POLICY X EC LOC Ben. 1, 000, 000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT , 000, 000 B X ANY AUTO SAP563621702 12/31/09 12/31/10 (Ea accident) ALL OWNED AUTOS / BODILY INJURY $ / (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accdent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ _ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE 5 , O O O , O OO D X occuR ~ CLAIMSMADE UNJ8563621802 12/31/09 12/31/10 AGGREGATE $ 5,000,000 ~ / $ DEDUCTIBLE $ X RETENTION $ SO, OO $ WOR KER S COMPENSATION ' X TORY LIMITS ER (,` LIABILITY AND EMPLOYERS ANY PROPRIETOR/PARTNER/EXECUTIV~ TSF0001139713 12/31/09 12/31/10 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? t 1 - (Mandatory in NH) ~ 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, 0 00 , 0 0 0 OTHER A Installation Fltr CMP563621602 ~ 12/31/09 12/31/10 Instl Flt 1,000,000 A Rntd/Lsd E ip CMP563621602 12/31/09 12/31/10 Rntd/Lsd 100,000 DESCRIPTKIN OF OPERATIONS / LOCATK)NS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project 4379. Art Museum of South Texas SVAC (Bond 2008). The City of Corpus Christi is named as Additional Insured as required by written insured contract applicable to GL and Auto Liability policies. Waiver of Subrogation as required by written insured contract in favor of the City of Corpus (Christi. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO~R/E,YHE EXPIRATION L.IL.L._L+r~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of Corpus Chri St i IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Department of Engineering Svcs REPRESENTATIVES. Attn: Contract Administrator ALIT ESENTATIVE PO Box 9277 ~Cos'>DUS Christi TX 784.69-9277 ACORD 25 (2009!01) ®1988-2009 ACORd'C'OI~ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Malek, Inc. ~ (~1P5636216 ;,! °~ additional Insured ~ primary Coverage This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the follotiving: Commercial General Liability Coverage Form Schedule Name of Person or Organisation: * ANY CERTIFICATE HOLDER WHO IS REQUIRED HY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED 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. j a.. 9 .f°„ $"~ ~G r'0^Z 10';3 ^+q~a i .fit 1 Malek, Inc. CMP563621602 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. 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 organization's vicarious liability for your negligent acts or omissions committed in the course of your ongoing operations performed for such person or organization, and excluding any negligent acts or omissions of such person or organization. 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: 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 shalt have actually received notice. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (Z) 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", This insurance does not apply to such person or offense, claim or "suit", solely due to your organization unless the contract, agreement or reasonable and documented belief that the permit is made prior to when the "bodily injury" or "property damage" ocrurs. Malek, Inc. ~JNP563621602 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" 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: c. Coverage 8 does not apply to "personal a. 5250,000; or ~1 ~ and advertising injury" arising out of an - offense committed before you acquired b. The amount shoavn 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 organization. However: ter' ~ ~ ~ _•~ ~.x,. ,~ .: ,.r,4'4YS~::.:. `~` -r- i~ni; r~~c i Malek, Inc. 13AP563621702 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 1 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 ,A R~iU6 0202 `~53 z ~~ `~' ~.,,u". ,t ~ ~ T 3 4 Page 1 of 1 Malek, tnc. ~/ P~~UCY NUn~-tBER:Q;,~563621602 ' COMMERCIAL GENERAL LIABILITY CG 02 OS 1204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART ON/NERS 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: tier ~rL,ow 2. Address: 3. Number of days advance notice: 3 0 * * `r 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 FZLE WITH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT.Q~' PREMIUM 5L~ .~ `•.a 3 ~: cn n~ n5 19 Od ~c) IS(~ Prnnarticc Inr ~nnz n___ ~ _~ ~ n I'E 1)2 02:~ /C:~~iCF,LLt~"CIOV PROVIS[OV OR COVER~~GE CHANGE ENUORSE~IEN'I' phis endorsement modifies insurance provided under the following: r I3USItiESS :AUTO CUVERAGE FOR~Vt GARAGE COVERAGE FORM "TRUCKERS CUVERAGE FORM 'This endorsement changes the policy effective on the inception date of the policy unless another date is ;.~~;r~otPii halnw• Endorsement Effective Policv Number ' 12/31/09 v :,apw'Epu~t'.'.YLB'Y~ BAP5636217`b2 "ys`~ ,~ ~~~' ~~' ,~ Named Insured J / ,,' f ~ y , k~ y :,,-,,.. ~ '+ Malek, Inc. Countersigned by ,A=~+''~ ~'"~' ° ' ~''~ , f%" (Authorizes xepresentative~ 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: Name (Printed): ~Citle (Printed): R. v1. Lee %3j .T ~y~. ;y"•m'a, ~ X43 I~F ~~ ~~~ ~ ~ ~ / _ ..., r, ,.,- _ i ~;. :Managing Partner FOR.~t 'TE O2 02A - CANCELL:1"TION PROVISION OR COVERAGE CHANGE EN'DORSE~IE~tT Texas Standard Automobile Endorsement (Ed. Effective 3/92) Mark, Inc. tiAE'S63621702 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.S., "Transfer of Rights of Recovery Against Others to Us", does not apply if the persons or organizations are on file with the insurer or the agent. ~_ r s ~y/ y A e ',~. ,rte . _.. / W'ORKLRS CO~IPENS.~TIOY ~~ND E~iPLOY'ERS LI:~[31Lfi'Y INSUR~IYCE POLICY WC -ll 06 01 (E D. 7-SS) TEXAS NOTICE OF MA~fERL~L CHANGE ENDORSEMENT "this endorsement applies only to the insurance provided by the policy because Texas is showm 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. "fhe 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 Number of days advance notice: 30 2. Notice will be mailed to: city of Corpus Christi Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 12/31/09 Policy No. TSF00011397/13 Endorsement No. 3 Insured Malek, Inc. ~` Premium.., -- ..,., Insurance Company Countersigned r,~ ~"~ j~~~'';~''"" _:.~~ .~ ~ WC 42 06 O1 Name (Printed): R. M. Lee {Ed. 7-84) ~fitle (Printedj: Managing Partner i~ '~ ~~ ~~ WORKERS' COMPENSATION AND EMPLOYERS ~~~ LIABILITY INSURANCE POLICY InsunnceComp~ny 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 ir1 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. IThe following "attaching clause" need be completed only ;hen this endorsement is issued subsequent to preparation o/the policy.) This endorsement, effective on 12/31/09 at 12:01 A M. standard time, forms a part of PolicyPlo. TSF-000 1 1397 13 ~ i23 ~ of the Texas MutuallnsuranceCompany Issued to MAL EK I NC Premium WC420304A (ED. 1-01.2000) Endorsement No. Authorized Representative AGENT ~ S cnpv ~~~,,.,~. . _ _ _