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C2011-112 - 3/8/2011 - Approved
2011 -112 M2011 -057 03/08/11 Malek, Inc. S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008) (RE -BID) 1 /f/11 Scott E. Stridde, P.E. Electrical Engineer P -6328 FOR CITY AND COUNTY HEALTH DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -7205 Im w o &# 4 e & tvd& - AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 L PROJECT NO: 5250 DRAWING NO: PGB 760 1 111��� Juan Moreno, P.E. Mechanical Engineer F -6328 James E. Coffin Architect (Revised 7/5/00) CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008)(RE -BID) Project No. 5250 Table of Contents NOTICE. TO BIDDERS (Revised 7 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 . 4:3 Area Aeeess and Traffie Gentrel (Not Used) A- 14— eenstruetien- Eelalpmeaxt Spillage and Tr =kin (Not Used) A 15 E..,..._ atle a nd a,.m__als (Not Used) A- 16— Dkspesa!�Saivage e f Materials (Not Used) A 17 Fiel e ff m ee (Not Used) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs (Not Used) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A - 23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A-26 Sale_ Tax B~eemptie (NO LONGER APPLICABLE) (6/11/98) r . A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractors 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 39 City WateLc Facilitie `peeia Requirements (Not Used) A -36 Other Submittals (Revised 9/18/00) (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Gertlfiea-te -e f Qe eupa-aey and F ina l ee ept =-___ (Not Used) "1 �I A -40 Amendment to Section B -8 -6: Partial Estimates A -41 - GEeae EWis-= ` (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) (Not Used) (Not Used) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Windstorm Requirements ATTACHMENT I- PROJECT SIGN PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T -- TECHNICAL SPECIFICATIONS Division 01 01010 Summary of Work 01015 Construction Phasing,.Sequencing, and Work Restrictions 01020 Allowances 01027 Application for Payment 01030 Alternates 01035 Contract Modification Procedures 01040 Coordination 01300 Submittals 01310 Project Management Coordination 01400 Quality Control 01420 References 01500 Temporary Facilities and Controls 01520 Facility Security Measures 01700 Contract Closeout 01740 Warranties 01782 Operation and Maintenance Data Division 07 07536 Modified Bitumen Roofing - Granule Surfaced 01900 Joint Sealers Division 15 15000 Mechanical and Electrical Specifications (Common Conditions) 15010 Mechanical General Conditions 15020 Starting.of HVAC Systems 15030 Mechanical Demolition 15058 Access Doors 15060 Hangers, Supports, and Foundations 15070 Mechanical Sound, Vibration, and Seismic Control 17075 Mechanical Identification 15080 Mechanical Insulation 15120 Piping Specialties - Hydronic Systems 15180 Heating and Cooling Piping 15720 Single Zone, Draw Through, Chilled Water Fan Coil Units 15810 Ducts 15820 Duct Accessories 15830 Fans 15860 Air Cleaning Devices 15975 Direct Digital Controls Systems 13985 Sequence of Operation 15990 Testing, Adjusting, and Balancing Division 16 16000 Electrical Specifications LIST OF DRAWINGS Sheet No. Description 1 T1 Title Sheet 2 Al First Floor Plan 3 A2 Partial First Floor and Second Floor Plans 4 A3 Exterior Elevations 5 A4 Exterior Elevations 6 A5 Exterior Details 7 A6 Roof Plan 8 A7 Second Floor Roof Plan 9 AS Roof Details 10 M1.1 HVAC Demolition Plan - Area "A" 11 M1.2 HVAC Demolition Plan - Area "B" 12 M1.3 HVAC Demolition Plan - Areas "C" & "D" 13 M2.1 Overall HVAC Phasing Plan 14 ME2.1 Mechanical /Electrical Floor Plan - Area "A" 15 ME2.2 Mechanical /Electrical Floor Plan - Area "B" 16 ME2.3 Mechanical /Electrical Floor Plan - Areas "CO & " D" 17 ME2.4 Mechanical /Electrical Roof Plan 18 M3.1 HVAC Schedules 19 M4.1 HVAC Details NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008) (RE -BID) PROJECT NO. 5250; consists of re- sealing the exterior portion of the building; the re- roofing of approx. 23,254 sq. ft. of roofing under Base bid. The Mechanical Contractor shall include the replacement of twenty -six existing fan coil units and the replacement of the existing pneumatic control system with a new DDC,System. Electrical work includes extension / reconnection to new equipment and other miscellaneous electrical work. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, February_ s, zo11 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 2 p.m., Wednesday, February 2, 2011 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 not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good con it.ion within two wee7s 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, 11 "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary ' Revised 7/5/40 NOTICE TO CONTRACTORS -- A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6_ Contractual Liability 7. Broad Form Property Damage S. 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 X NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 of 2 ©The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ©The name of the project must be listed under "description of operations" on each certificate of insurance. DFor 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 5 -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 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCG -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 -$3, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (S) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-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 9 aphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the. current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (S) 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 a self - insured, with the commission's Division of Self - insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during - the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified avail 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 iu all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified snail 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 prodding 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, r 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, §46). W The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28s110.110(c)(7) Article . . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert fcate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a 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 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, off ce supply deliveries, and delivery of portable toilets. -- B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing 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 9of11 E The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter: G. The contractor shall notify 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. _r. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.. I The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, 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 certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person far whom they are providing services. J. By signing this contract orproviding or causing to beprovided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who t 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 a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008) (RE -BID) PROJECT NO. 5250 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be. received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, February_ 9, 2011 Proposals '- mailed should be addressed in the following manner: City of CQrPus Christi City Secretary's Office CitY S6.r- et°ry' s Of-fi ne City of Co us Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008) (RE -BID) PROJECT NO. 5250 Any pr9posals not physically 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 prpposer is solely responsible for delivery to the City Secretary's Office. Delivery of an proposal, by the proposer, their agent /re resentative, 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 iu possession of the City Secretary's Office prior to the date and time of bid. opening. A pre -bid meeting will be held on Wednesday, February 2, 2011, beginning at __. 2:00 P.M The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. 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 CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008) (RE -BID) PROJECT NO. 5250; consists of re- sealing the exterior portion of the building (window wall systems, door frames, expansion joints, and wall joints at stucco to brick faces) with new polyfoam backer rods and silicone sealant; The re- roofing of approximately 23,265 square feet of roofing under Base Bid and approximately 13,114 square feet of roofing under Additive Alternate Bid Item No. 7. Re- roofing of existing facility shall utilize an overlay system of rigid tapered insulation board and modified bitumen roofing material. The Mechanical /Electrical portion of the project shall include the replacement of twenty -six (26) existing fan coil units with new air handler units of approximate equivalent capacity to the existing units and in the Section A - SP (Revised 12/15/04) Page 1 of 24 I same locations (sixteen (16) units under Base Bid and ten (10) units under Additive Alternate Bid Item No's. I, 2, 3, 4, 5, and 6) and the replacement of the existing pneumatic control system with a new DDC (Direct Digital Control) System. Electrical work includes disconnecting of existing - conduit/ conductors and extension/ reconnection to new equipment. Electrical work also includes removal of existing HVAC equipment motor starters and replacement of same with new junction boxes, new conduit /conductor extensions where required, new disconnect switch where indicated, and other miscellaneous electrical work. At the location where existing fan coil units are to be removed and replaced with new air handler units, existing lay -in ceiling tiles and ceiling grid system will need to be replaced with new ceiling tiles and ceiling grid system to match existing ceiling system, type, and materials. NOTE: Asbestos abatement is to be completed under separate contract on an as needed basis. All work shall be done in accordance with the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated and awarded in the form of any one of the following bid scenarios, based on the availability of funds: 1. Total Base Bid or 2. Total base bid plus one or more additive alternates. The City reserves the right . to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference City /County Health Department Facility Rehabilitation (Bond 2008) Me -Bid) Project No. 5250 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be eighty -seven (87) calendar days for Base Bid. For Additive Alternate No.l adc three (3) days. For Additive Alternate N0.2 a d 3 days. For Additive Alternate No.3 add 7 da s For Additive Alternate No.4 add 7 days. For A itxve Alternate No.5 add 7 days. For ve AlzernaDe no.b aaa ./ nays. For Aclaltive Alternate No.7 days from the aate designated by a Work Order. Section A - SP (Revised 12/15/04) Page 2 of 24 -- 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, $300 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the -- Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation. insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. 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. Section A.- SP (Revised 12/15/04) Page 3 of 24 I A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. In caM Q gf. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out. in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen., and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, *workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning 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 any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1; Definition of Terms, and Section B-7 -6, Working Hours.) A -11 Cooperation with P ublic 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 facility by using the Dig Tess at 1- 800 - 344.8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and Verizon Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer 361- 883 -9199 Stridde, Callins & Assoc. Inc. Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 826 -1881 (826 -1888 after hours) Wastewater Department 826 -1800 (826 -1888 after hours) Gas Department 885 -6900 (826 -1888 after hours) Storm Water Department 826 -1875 (826 -1888 after hours) Parks & Recreation, Department 826 -3461 Streets & Solid Waste Services 826 -1940 A E P 1 -877 -373 -4858 Section A - SP (Revised 12/15/04) Page 4 of 24 S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) r . Brooks Fiber Optic (MAN) A -12 Maintenance of Services 881 -2511 (1- 800- 824- 4424,after hours) 826 -1946 826 -1960 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 -724 -3624) 813 -1124 (Pager 888 -204- -1679) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972- 753 -4355 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. however, the accuracy and completeness of such ,information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown, in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control (NOT USED) Section A - SP (Revised 12/15/04) Page 5 of 24 WMW 60 Section A - SP (Revised 12/15/04) Page 5 of 24 A -14 Construction Equipment S illa a and Tracking (NOT USED) The Contractor shall keep the adjoining streets WAR of tracked andAw spillsd ma-ter-Als going to on Esau the Gonstruction. area -Hamd labor and/Gr MG-Cha-WAal SqUipMent must be ;3ARC3 necessary to keep these raysmys clear of job-relatAd Matenials Such wnrk must be completed without. any 09 in the contract price-- A -15 Excavation and Removals (NOT USED) The excavat-ad asaas behind cuMb-s And adjacent to sidewalks and drivgWays mu" be filled with M oan " di 0 01ma n n dirt is an dirt that is capabl. of providing a good grobmh of grass wbe a applied with and EQ=Qlizer The dIxt must be Wee of debris, oaliche, asphalt, concrete - any other materi 1 that detracts from its appearance n= hampers the growth 3�an A I I M, a . cassary Nemovalp including - but not - A - m - AM - d to pipe, driveways, con-side-red Subsidiary to the Lid item for m gtnaa 2-MG- therefore, no direct Payment WiW be m-a-de to A - 16 Dies osal /Salves a of Materials (NOT USED) Excess excavated material, broke-n- asphalt, concrete, h2cok;4p nialvarts a nth-Rac unwanted material becomes the thme G-OntraGtON! &&d MUSt he ram-n-ved from- the site hy the The cost of a!- _auliaq, ir, considered subsidiaryp therefore, no direct payment; will he Madgk to Contractor. A - 17 Field Office (NOT USED) The Contractor PAIAt fl the City Engineer Q= big representative with- least v n ;-and-- two (2) chairs- 7_!he Contractor shall move the field Qf fi ce on. the Pita as required by the Gity Engineer or his representati separate - ay item fox the f.iald- office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on carsmm 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: Section A. - SP (Revised 12/15/44) Page 6 of 24 I. Initial Schedule Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. ' 2. Items to Include Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates Indicate submittal dates required for all submittals. 4. Re- Submission Revise and resubmit as required by the City Engineer. 5. Periodic Update Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, - sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature Major controls and two ( -3) beneh marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate'a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. All rat4A_rns at p oint of t eny/p of girnumfpre Section A - SP (Revised 12/15/04) Page 7 of 24 A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Sims The Contractor must install 1 Project signs furnished by the city as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22. Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of 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 Section A - SP (Revised 12 /15/04) Page 8 of 24 combination of the foregoing under contract with a prime contractor on a City contract. c. Minorit y Business Ente rise: 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 51.01; of the assets or interest in the corporate -- shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other . monetary distribution paid by the business enterprise. d. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. - f. Joint Venture A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated 'MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which Section A - SP (Revised 12/15/04) Page 9 of 24 a minority joint venture partner has a 50.0% interest, shall be J 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) 45 % is % 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 Contractors percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and read 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. Section A - SP (Revised 12/15/04) Page 10 of 24 A -24 Surety Bonds 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 reinsures may not exceed ten percent (10U of the reinsurers 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 reinsures 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 Exemp (NOT USED) .2-Ar-tion. R-6-22, Tax Exampl- J-�rc-prjisjon, is dele-ted in its- entirety and :Fr,ll.-.r.ing li th Arg;Qf s _ _ Section A - SP (Revised 12/15/04) Page 11 of 24 A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an .endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to ]. 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 the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named As additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits,. claims, demands, liabilities, losses and. expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be J Section A - 3P (Revised 12/15/04) Page 12 of 24 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 ReB2 for Damage Claims USED Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage. for the term of the Contract up to and including the date the City finally accepts the Project or work. ' Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 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. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. Section A - SP (Revised 12/15/04) Page 13 of 24 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 city. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or - replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prere to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will .meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. &. 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. Section A SP (Revised 12 /15/04) Page 14 of 24 The. City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7 -13;, 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and /A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. r _ 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 n+mde Policy on Sara Work and a Orders - Under "General Provisions and Requi rements for Muni cipal Construction contracts" B -8 -5 Policy on Sara work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requir=ents Under "General Provisions and Req u i rements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time.prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12/15/04) Page 15 of 24 A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to .do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid meeting referred to in SPecial Provision A -1. A -34 Precedence of contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard 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) Section A - SP (Devised 12/15/04) Page 16 of 24 �.. All matwrialg and equipment; ur.Rd in the repair, reassembly, ,- transportation, 'and inspection of pumps, or- any Other items, whiGh 091_3�d COMa into with potable water, must (ANSIINSF) Standard in thp speGifigations !N-qF Standiard 6 2=41 zz �- x , Personnel im-m-ediately pwi or to. use. - w o - l A i ■ t� � . - - ■ M - ax: Clet _ermlaaed by meeting the quall_fin;ations I- thru -9 below- T-his Section A - SP _ (Revised 12/15/04) Page 17 of 24 e-� Section A - SP (Revised 12/15/04) Page 18 of 24 lip Section A - SP (Revised 12/15/04) Page 18 of 24 A -36 Other Submittals 1. Shop Drawing Submittal The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal 'transmittal Forms. Contractor shall use the Submittal Transmittal Form attached at the end of this Section;. and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products . required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental.to successful performance of the completed work. h. Space Requirements: Contractor .must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. R.esubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report Section A -.SP (Revised 12/15/44) Page 19 of 24 When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the .specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) Under 11 isions IfTha tr_aatar us e Y with t-he- City Of Csr��s �isti � TL�ter �a " on the ga;njsGit site throughout oongtn3ation This - The City Engineer will iprovide a Gopy a--f the Plan. to Con.tr-ag-tor A -38 Worker's Compensation Covearacre for Build.inq or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "I are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) ME A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for .Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which.partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) A -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. Section A - SP (Revised 12/15/04) . Page 20 of 24 A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Bold 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, material man, 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, material man, or their official's, 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 material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the. engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor Is costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted.by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) Section A - SP (Revised 12/15/04) Page 21 of 24 ID 1 - Y high lev(�l s of chlorine, will be 13soad :E in the water-, Fartirular c T to comply with the requirements f al� regulatoL= the City for approval. '0 rtball be no Reparate Pay for disposal of hi�hiy t for- disposal of --Gat inated w.,at"r A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) and expose all exigting pipelines of the pro* t that. f_-:r_QRR ;qlthin pipel . for aippreval _j q „ 1236ay iansa��- ha top of exis p ipelines - ezp the =eaults the= report tbo Aqt;a3:0i%:hAd Until of Gontragto= shall prige pavement FatGkIZ113. Fro-Aide ;R-33- his own r.:6i�_-xey work effort (no separate pay) for exploratery A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. 'There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction, plans, while others are not. It shall be the Contractors sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A - 49 Amended "Maintenance Guaranty” (8/24/00) Under "General Provisions and Requirements for Municipal Construction r � Contracts ", B-8-11 Maintenance Guaranty add the following: Section A - SP (Revised 12/15/44) Page 22 of 24 - "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a Later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Windstorm Requirements Refer to Drawings for Windstorm requirements. Section A - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION (BOND 2008 -BID PROJECT NO. 5250 OWNER: CITY OF CORPUS CHRISTI ENGINEER: STRIDDE. CALLINS & ASSOCIATES INC CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 24 of 24 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of MARCH 2011, 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 $635,220.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION PROJECT NO.5250 (TOTAL BASE BID: $635,220.00) according to the attached Flans 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jun-2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -II and Special Provision A -26 of the General and Special Provisions and Requirements for Mun icipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 87 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. Page Z of 3 Rev. Jun -2410 P R O P O S A L F O R M F O R CITY /COUNTY HEALTH DEPARTMENT FACILITY RENOVATION (BOND 2008) (RE -BID) PROJECT NO. 5250 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page I of 11 P R O P O S A L Place: C' - II y of co" Date: ��4�u��� 9 .zon Proposal of m&kk I "Dr. � I , a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CITY OF CORPUS CHRISTI HEALTH DEPARTMENT FACILITY RENOVATION (BOND 2008)(RE -BID) PROJECT NO. 5250 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Proposal Form Page 2 of 11 FI II III IV V QTY Description Total unit - One (1) ITEM QTY Description Price Total. 1 Sealing the building, in new air handling unit to 1 Lump accordance with the Contract Sum Documents complete and in place and in place per Lump Sum. per Lump Sum lb4 $ x(03 Oatl. nc Mechanical & Electrical 2 1 Lump Improvements in accordance with Sum the Contract Documents complete L _ $ s 5D. 19&. and in place per Lump Sum 3 1 Lump Contingency Allowance Sum $20,000.00 $20,000.00 TOTAL BASE BID: $ &3 5 Pa • 00 (Bid Items 1 -2) TOTAL ALTERNATE BID ITEM NO, l: I II III IV ITEM QTY Description Total AB - 1 - One (1) All necessary labor and Lump materials to provide one (1) Sum new air handling unit to replace existing fan coil unit E -4 in accordance with the Contract Documents, complete $ p / ' 040 .00 and in place per Lump Sum. TOTAL ALTERNATE BID ITEM NO. 1: (Bid Item AB -1) $ �IV,o ®o Proposal Form Page 3 of 11 TOTAL ALTERNATE BID ITEM NO. 2: TOTAL ALTERNATE BID ITEM NO. 2: $ (Bid Item AB -2) TOTAL ALTERNATE BID ITEM NO. 3: I II ITI Iv- ITEM QTY Description Total AB -2 One (1) All necessary labor and Lump materials to provide one (1) Sum new air handling unit to replace existing fan coil unit E -3 in accordance with the Contract Documents, complete and in place per Lump Sum. $ 2-Y, 53 -5, 00 TOTAL ALTERNATE BID ITEM NO. 2: $ (Bid Item AB -2) TOTAL ALTERNATE BID ITEM NO. 3: I II III IV ITEM QTY Description Total AB--3 One (1)' All necessary labor and Lump materials to provide two (2) Sum new air handling units to replace existing .fan coil units A -13 and C -3 in accordance with the Contract Documents, complete and in place per Lump $ 2-Y, 53 -5, 00 Sum. TOTAL ALTERNATE BID ITEM NO. 3: (Bid Item AB -3) Y3.5'- y® Proposal Form Page 4 of 11 TOTAL ALTERNATE BID ITEM NO. 4: I II III IV- ITEM QTY Description Total AB -4 One (1) All necessary labor and Lump materials to provide two (2) Sum new air handling units to replace existing fan coil units C -1 and C -2 in accordance with the Contract Documents, complete and in place per Lump $ 3;t, 2M4.00 Sum. TOTAL ALTERNATE BID ITEM NO. 4: $ 3;z, (Bid-Item-AB-4) TOTAL ALTERNATE BID ITEM NO. 5: I II III IV ITEM QTY Description Total AB -5 One (1) All necessary labor and Lump materials to provide two (2) Sum new air handling units to replace existing fan coil units A -1 and A -10 in accordance with the Contract Documents, complete and in place per Lump $ Sum. TOTAL ALTERNATE BID ITEM NO. 5: . (Bid Item AB -S) Proposal Form Page 5 of 11 TOTAL ALTERNATE BID ITEM NO.'6: I II III IV. ITEM QTY Description Total AB-6 One (1) All necessary labor and Lump materials to provide two (2) Sum new air handling units to replace existing fan coil units A -2 and A -3 in accordance with the Contract Documents, complete and in place per Lump $ 31),/V&.00 place per Lump Sum. Sum. TOTAL ALTERNATE BID ITEM NO. 6: $ 34 ?AA.0® (Bid Item AB -6) TOTAL ALTERNATE BID ITEM NO. 7: I II zzz IV ITEM QTY Description Total AB -7 One (1) All necessary labor and Lump materials to provide specified Sum re- roofing of the north portion of the main roof area, north of east /west expansion joint in accordance with the Contract Documents, complete and in $ 113, 2/9. 0b place per Lump Sum. TOTAL ALTERNATE BID ITEM NO. 7: (Bid Item AB -7) s 113,119. oo Proposal Form Page 6 of 11 BID SUMMARY Proposal Form Page 7 of 11 TOTAL BASE BID: $ &35, )�aO ,yo ADDITIVE ALTERNATE BID ITEM NO. 1: $ _ �"� , 0q(0 .,0 0 ADDITIVE ALTERNATE BID ITEM NO. 2: 0 0 T ADDITIVE ALTERNATE BID ITEM NO. 3: $ 5 3 5. _ ADDITIVE ALTERNATE BID ITEM NO. 4: $ �, _ ADDITIVE ALTERNATE BID ITEM NO. 5: $ 6 _ ADDITIVE ALTERNATE BID ITEM NO. 6: $ It/&. 0 ADDITIVE ALTERNATE BID ITEM NO. 7: $ Proposal Form Page 7 of 11 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but — are mere.estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will W deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond — attached to this proposal, in the amount of 50 of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. . Time of Completion: The undersigned agrees to complete the work within ez ht -seven (67) calendar days for Base Bid. For Additive Alternate No. 1 add th a S. For A d d itive . Alternate NO. 2 a d ays. For Additive Alternate No. 3 add T S. For Additive Alternate U6.4 a2ld 7 days. For Add itive Alternate No. 5 add 7 da s. For Additive Alternate No. aM 7 lays. For A itive Alternate No: a days from the ate esYgnate v a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): A/0-ne Proposal Form '� Page 8 of 11 Respectfull submitted: Name: T,4c . By: (SEAL - IF BIDDER IS ( IGNAT E) a Corporation) Address: 1 �. )( `v�! (P.O. Box) (Street) TK (City) (State) (Zip_) Telephone: 3 &r- - ?"Ikl NOTE. Do not detach bid from other papers. Fill in with ink and submit complete with attached papers_ (Revised August 2000) Proposal Form Page 9 of 11 ATTEST City Secretary APPROVED AS TO LEGAL FORM: By: k. ' �-, Asst. ity Attorney CITY OF CO S CHRI TI By - _ .�.�/ - Juan Perales, J .,P.E. Assistant City Manager Engineering /Development Services By Pete Anaya, P. Director of Engineering Services CONTRACTOR Malek, Inc By: Title: 6�9 P.O. BOX 769 - (Address) CORPUS CHRISTI, TX 78403 (City) (State) (ZIP) 361/888 -8281 * 361/888 -7257 (Phone) (Fax) k&-9 AUTMWUA b y CatINCIL.------- - �Z f SECRETARY Page 3 of 3 Rev. Jun. -2010 P E R F O R M A N C E B O N D BOND NO. P RP089C2300 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § THAT Malek, Inc. of NUECES County, Texa organized unde .` hereinafter called "Principal", and FIDELITY & DEPOSIT` COMPANY hF�Mnnv�r corporation zed p g er 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 SIX HUNDRED THIRTY -FIVE THOUSAND, TWO HUNDRED TWENTY AND NO/ DOLLARS, lawful money of the United States, to be paid in � ue es County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: *COLONIAL AMERICAN CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of MARCH , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION PROJECT NO.5250 (TOTAL BASE BID: $635,220.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page I of 2 [J This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1 6TH day of MARYLAND , 20 11 PRINCIPAL MALEK, INC. By: (Print Name & title) ATTEST (Print Name & Title) SURETY F IDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SUR CO. Attorney -fact MARY ELLEN MOORS (Print Name) Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. Box 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361 - 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3108) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. PRF0 8962300 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS : COUNTY OF NUECES § THAT Malek Inc of NUECES County, Texas hereinafter called "Principal ", and FI DELITY & DEPOSIT CO. OF MARYLAND a corporation organized under the laws of the State of MARYLAND and duly authorized to do business in the State of Texas' hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces Countyl 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 SIX HUNDRED THIRTY -FIVE THOUSAND TWO HUNDRED TWENTY AND NO1100 ($635 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 STH day MARCH , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CITY /COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION PROJECT NO.5250 (TOTAL BASE BID: $635,220.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc,, accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are an accordance with and 'as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 16T day of MARCH , 20 11 PRINCIPAL Agency: Contact Person. Address: Phone Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 361- 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 I-) o utG � e-1 1 L.t - -- (Print Nam6 & Title). Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by. WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in � 0 rity granted by Article VI, Section 2, of the By -Laws of said Companies which are set forth s ereo a hereby certified to be in full force and effect on the date hereof, does hereby nom' a GORE, R. M. LEE, Michael A. WHITNEY, Amy SHUMATE and , a b r, Texas, EACH its true and lawful agent and Attorney -in -Fact, to c d v its behalf as surety, and as its act and deed: any and all bonds and un o ndependent Executors, Community Survivors and Community Guar ' e xecu ' or undertakings in pursuance of these presents, shall be as binding upon said Compani a r tents and purposes, as if they had been duly executed and acknowledged by the regularly elected any at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that' s on behalf of Mary Ellen MOORE, R. M. LEE, Michael A. WHITNEY, H.M. CANTWELL, Amy SHUMATE, Tami J. DUNCAN, dated September 22, 2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 29th day of April, A.D. 2010. ATTEST: 'gy DEPQ . P 3 SEAL �ww w '� State of Maryland City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 4 -6-F MkKx,-� Gregory E. Murray Assistant Secretary By:. r William J. Mills Vice President On this 29th day of April, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t ti Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 168 -9883 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in fall force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vl, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th -day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the compan y and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16TH day of __ _.MARCH 1 2011 �- Assistant Secretary Fidelity and Deposit Company of Nf aryland Nome office: P Bux 1227, Baltimore, hfD 21203 -1227 IMP ORTANT NOTICE To obtain int'anmation or make a complaint: You may call the Fidelity and Deposit Com , Surety Company, and/or Zurich American In Com any Colonial American Casual information or to make a complaint a t : F y's toll -free telephone number an r 1-80 -634 -5.155 You may contact the Texas Department Of Insurance to obtain information coverages, rights, or complaints at: n on companies, 1 -300 252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475 -1771 PREMIUM OR CLAI11d .01SPUTE,S: about a claim, yeu should first contact Fid 1 Should You have a ty and Deposit Comp concetning tite premium or American Casualty and Surety Company. !f the dispute is not resolved t tifarYlartd or Colonial Department of Tnsuri - mce, ,you may contact the TeY��s ATTACH I"H7S NOTICE TO YOUR POLICY: This notice is for in not ome a bec part or condition of the att�zchcd document. formation only and does Disclosure Statement ZURICH AGENTiBROKER COMPENSATION OISCLOSURE Gear Poiicstiolder 0 9 ZURICH fin cehad of Zurich, we are glad you Pave chosen .s as your insurance i.Cmpany. +rle look for *vard to r^eeting iour +psurwice reeds and want you to understand cleartp our bustr'ess rwatmrsnto With Ire agent or broker you &.ose 'n epresent your companys interests in ttre placement of insurance coverages As 9 the case •,vith many insurance companies in the United States, Zurich dtstnbutes many of its insurance pmduc:s hrough agents or brokers. This rrearrs that your agent or broker is rot err+ptflyed trl Zur=ch and. in tact Tray represent many insurance companies. Because we do Rot e+relay your agent or orcker me way they are carroemated may ary We recommend you discuss these arrangements with your -agent or brBr.er. =43r an exotanatton of rite nature and range at campensation Zunch may cay to your agent or broker in correcnon 'oosth ,,cur b4swess. please go to httjvJ www.surtehna.cortt. Click on t" irtcrrr.ation link located on the AgenVBralrer Camce:rwtton Disclosure section Where approprrate , :Rsert the Access Cade provided below, and you w1l be ab!e to r:ew this information. Altemativaty, /ou may cart i 8771 347 -$486 to obtain r "rs r -fpe of ,nforrmahon ank you. Access Ccder 2016084474 SUPPLIER NUMBER TO BE ASSIGNED BYGTTY PURCHASM DMS]ON City of CITY OF CORPUS CHRISTI -� C ti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,. answer with "NA ". See reverse side or Filing Requirements, Certifications and definitions. COMPANY NAME: �C P. O. BOX: STREET ADDRESS: �Sa �n��e 5 CITY: Cv� �o,�s �r� "sr�" Z7r• del ®3 - FIRM IS: 1. Corporation ® 2. Partnership B 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessazy, please use the reverse side of this page or attach separate sheet. 1. State the names of each ,y, of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name s �� - Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nance A Title . 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name &�IA Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name LA Consultant Proposal Form Page 10 of 11 FELING REQUIREM EENTS If a person who requests official action on a matter knows that the requested action will confer art economic benefit on any City official or employee that is distinguishable. from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be Promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 0 Title: CEO (Type or Prin Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c.. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of - Corpus Christi, Texas. .f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 11 of 11 DATE ( CERTIFICATE OF LIABILITY INSURANCE 013116m1 THIS C ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIF=ICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOtA/. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRIISENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 1MpOR_ -f ANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terlrPs and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 361 -883 -1711 NAME: y' Connie McCo Swantner & Gordon Ins Agcy -CC 361 -844 -0101 PHONE FAX A HigginLnpptham Company Alc No Ezt : arc No). PO Box 7O. EMAIL S Corpus anrlsti, TX 78403 -0870 ADDRESS: cm s ins.com PRODUCER MALEKCI Mike Whitney CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAr- # INSURED Malek, Inc. INsuRER A: Republic LIo d5 19208 Attn: Frank Malek INSURER e: Republic Underwriters Ins Co 24538 PO Box 678 INSURER C Texas Mutual Ins Co Corpus Christi, TX 78403 22945 - INSURER n:Southern Insurance Co 19216A INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICP.7ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSU94NCE ADUL POLICY NUMBER fmmiDDIYYYY1 (MMIDONYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IKI OCCUR CMP563621603 12/31110 12131111 PREMISES Ea occurrenc $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1 X P er Project GENERAL AGGREGATE $ 2,000,00 GENrL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 Emp Ben. $ 1,000,00 POLICY X PRO LOC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS BAP563621703 12/31110 121311 COMBINED SINGLE LIMIT (Eaaccident) $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS X $ NON- OWNEDAUTOS $ D X UMBRELLA LIAR EXCESS LIAB X OCCUR V CLAIMS -MADE UMB563621803 12/31/10 1213111 � EACH OCCURRENCE $ /5,000,00 AGGREGATE $ 5,000,00 DEDUCTIBLE $ $ X RETENTION $ 10 C WORKERSCOMPENSAMN AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECU nVE YIN OFFICERIMEMBF�R EXCLUDED? (Mandatary in N I If yes, describe untl0 DESCRIPTION OF OPERATIONS below NIA SF0001139713 12131110 12131111 X WCYTATU• OTH- I ER E.L. EACH ACCIDENT $ 1 E.L. DISEASE - EA EMPLOYEE $ 1 E.L. DISEASE - POLICY LIMIT $ 1,000,00 A Equipment Floater CMP563621603 12131110 12/31111 RntdlLsd 1D0,D0 A Builders Risk MPS63621603 12131110 12131111 Instl Flt 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarlla Schaduis, if more space is required) Project No. 5250: City /County Health Department Facility Renovation (Bond 2008) (Re- Id) The City of Corpus Christi is named as additional insured per written insured contract applicable to General Liability 8r Auto Liability policies. 30 Day Notice of Cancellation applWs to certificate h older. City of Corpus Christi Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 C1CC -CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lw ivoo -4uuv muvruj uvmrvrcn r rvim. All rrgnis rrsrr vCu. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD l POLICY NUMBER: C MP 5636236 03 q 4 COMMERCIAL GENERAL LIABIUTy CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE i Name Of Additional Insured Persons) Or O ixation(s): LocationW Of Covered O lions ANY CERTIFICATE HOLDER WHO I3 REQUIRED Sr LOCATION I VMITTEN CONTRACT WITH THE 1JUM INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAND INSURED' s szmthL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR ,AMNT. Information required to ete this Schedule if not shown above will be shown in the ©eciarations. A. 5ecdori 11 - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to Irabi ty for "bodily injury - , "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s). desig- nated above. CG 2010 07 04 B. With respect to the insurance afforded to these additional insureds, the folkrMng additional exclu- siam apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. AN work, including materials, parts or equip - merit furnished in connection with such work, on the project (other than service, mahtenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That Portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing Operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Pagel of 1 13 pOLICY NUMBER: CMP 5636216 03 COMMERCIAL GENERAL LIggIV CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsernent modistes insurance - provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oroanization[s1_ * ANY CERTIFICATE HOLDER WHO 13 REQUIRED BY LOCATION 1 WRITTEN CONTRACT WITH THE NA11ED INSURED TO Bt: ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSUMM I S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH youR AGENT. if A. Section Il - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", - property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the kxation(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exdu- sions; apply: This bmirance does not apply to - bodily injury or 'property damage` occurring after: 1. AN work, incluchn materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been cornpieted; or 2. That portion of "your work" out of whuch the injury or damage arises has been put to its in- tended use by any person or org"zatiun of er than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Pagel of 1 ❑ pOLICY NUMBER: CMP 5636216 03 COMMERCIAL GENERAL UABIVTY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under thekdowing: j COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatiori(s): Location Arid Description Of ComPleted Opers" ANY CERTIFICATE HOLDER WHO IS REQUIRED ALL LOCATIONS i BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL d INSURED TO THE NAMED INSURED'S GENERAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If - Who Is An Insured is amended to include as an addib'onal insured the person(s) or organization(s) shown in the Schedule, but only with respect to liabigty for "bodily injury" or "property darn - age" caused, in whole or in part. by "your worts" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "products -co npleted operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 ff 0311 MM! ryYYY) CERTIFICATE OF LIABILITY INSURANCE „1 THI S C, THIS C: E RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIF=ICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVV- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURI =R(S), AUTHORIZED REPRaSENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certif - icate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, Subject to the terrns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ce rtifir a te holder in lieu of such endorsement(s). PRODUCER 361- 883 -1711 Swantner s Gordon Ins Agcy -CC 361- 844 -0101 A Higginbotham Company PO Box 870 Corpus Christi, TX 78403 -0870 Mike Whitney , NAME: Connie McCo ADDL PHONE FAX AIC Na E,ct: Arc No POLICY NUMBER ADDR ADDRESS: cmcco s ins.com PRODUCER CUSTOMER ID #: MALEKC1 POLICY EXP MMIDDlYYYY INSURERS AFFORDING COVERAGE NAIC # INSURED Malek, Inc. Attn: Frank Malek PO Box 679 Corpus Christi, TX 78403 INSURER A: Republ LIO d5 1 9208 INSURER B : Re ublic Underwriters Ins Co 24538 INSURER C: Texas Mutual Ins Co 22945 INSURER D Southern Insurance Co 19216A INSURER E: X COMMERCIAL GENERAL LIABILITY F�17 CLAIMS -MADE OCCUR INSURER F C OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 12/31/11 V1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R LTR TYRE OF INSU CE ADDL $ POLICY NUMBER POLICY EFF MMIDOIYYYY POLICY EXP MMIDDlYYYY LIMITS GENT =RAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY F�17 CLAIMS -MADE OCCUR CMP563621603 12/31/10 12/31/11 V1 DAMAGE PREMISES Ea occu $ 100,00 pe rrence MED EXP (Any one rson) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 X Per Project GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,00 Emp Ben. $ 1 POLICY �( PRO- LOC B AUTOMOBILE UABIUTY ANY AUTO BAP563621703 12131110 17131 fr11 COMBINED SINGLE LIMIT (Ea accident) 1,000 $ V ,00 X BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIREDAUTOS X $ X NON- OWNEDAUTOS D X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE. UMB563621803 12131110 1213.1 EACH OCCURRENCE $ /5 AGGREGATE $ V 5,000,00 DEDUCTIBLE $ $ X RETENTION $ 10,02P C. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERIEXECUT VE YF i andatory in NH) EXCLUDED? es, desibe under DE y SCRIP cr TION OF OPERATIONS below NIA TSF0001139713 12131110 12/31/11 X WC STATu OTH- LIMITS Y E.L. EACH ACCIDENT $ 1,000,00 E.L.OISEASE - EA EMPLOYEE $ 1 E.L. DISEASE - POLICY LIMIT $ 1 :000,{10 A Equipment Floater CMPS63621603 12131110 12131111 RntdlLsd 100,0 A Builders Risk I CMPS63621603 12/31110 12131111 Intl Flt 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddHtonal Remarks Schedwe, it more space Is required) Project No, 5250: City /County Health Department Facility Renovation (Bond 2008) (Re- Id) The City of Corpus Christi is named as additional insured per written. insured contract applicable to General Liability & Auto Liability policies. 30 Dav - - itice of Cancellation agolies to certificate hol 1 City of Corpus Christi r Engineering Services Attn. Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 CICC -CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V v 1gtiS -ZUUV AL:Urtu L;U -VKPkI IUN. Au ngnts reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 1 POLICY NUMBER: CMP 5636216 03 COMMERCIAL GENERAL LIABILITY CG 201Q 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OIL CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsernent modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)• Location(s) Of Covered O bons * ANY CERTIFICATE HOLDER WHO IS REQIIIRBD BY LOCA'T'ION 1 MITTEN CON'TRRCT WITH THE MHED INSURED TO BE ADDED AS AN ADDITIONAL INSURRD TO THE NAMED INSURED' S GEN6R L LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Information required to this Schedule if not shown above will be shown in the Declarations. A. Section tI - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily kouy ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 2010 07 04 B. 11 dh respect to the insurance afforded to these additional insureds, the folowing additional exclu- sions apply: This insurance does not apply to "bodily irgury" or "Property damage" occurring after: 1. AN work, including materials, paw or equip - ment furnished in connection with such work, on the project (other titian. service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2- That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in perforating aperatims for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER: CHP 5636216 03 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement rnodiliies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): location And DescnPUm Of CamPleted Opwations ANY CERTIFICATE HOLDER WHO IS REQUIRED ALL LOCATIONS BY 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. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily "" or "property dam- age" caused, in whole or in part. by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "Products - completed operations hazard'. CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 0 � v Additional Insured - Prima This endorse�r�nt changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Schedule Name of Person or Organization- * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY =ITTEN CONTRACT WITH THffi NMMM INSURED TO BE ADDED AS AN ADDITICIML INSURED TO THE NAMED INsuRED • 3 MMRAL LIABILITY COVERAGE. CERTIFICATES ARE ON FILE WITH YOUR AGENT. Who is an Insured (Section 11) is amended to Furthermore, the following is added to paragraph 4., include the person or organization shown in the Cornrnmrcial General Liability t..orrditions (Section Schedule, but only with respect to such person's or IV): organization's vicarious liability for you negligent acts or omissions committed in the course of your 4. Other Insurance ongong operations performed f or 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 p emm or organization shown in the Schedule. Other insurance afforded to such person or organization wfil apply as excess and not contribute as primary to the insurance afforded by this endorsement. CG 8002 1003 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 1101 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): 3. Additional Premium: (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 ❑ BAP - %3621703 COMMERCIAL AUTO CA 8053 0810 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the prov6io ns of the Coverage Form apply unless mod- ified by the endorsement. A. SECTION 11- LIABILITY COVERAGE is amended as follows: 1. The following is added to 1. Who is An Insured: a. Additional insured by written agreement, written contract or permit. (1) Who Is An Insured is amended to in- clude as an additional insured any per - son(s) or organizations) you are re- quired by written agreement or written contract or permit to include as an addi- tional insured, but only with respect to their Legal liability for acts or omissions of any person(s) or arganization(s) for whom Liability Coverage is afforded un- der this policy. (2) This endorsement does not apply: (a) To 'bodily injury ", "Property damage" or "covered pollution cost or expense" arising out of the sole negligence of the person(s) or organization(s) in- cluded as an additional insured; (b) To "bodily injury" or "property dam- age" not caused, in whole or in part, by you or by those acting on your be- half; (c) To any person(s) or organization(s) who are an additional ensured only because of this endorsement or a certificate of insurance; (d) To any railroad named as an addi- tional ensured whether by agreement, contract or permit. entity and the business entity is not sepa- rately insured for Business Auto Coverage. Coverage under this provision is afforded only until the earliest of the following: (1) 180 days following acquisition or forina- tion of the business entity, (2) You neport the new entity to us; (3) End of the policy Pte• This Broad Form Named Insured clause does not apply to any person or organiza- tion for which coverage is excluded by en- dorsement. This Broad Form Named Insured clause does not apply to any "accident" which oc- curred before you acquired or formed the new entity. This policy is excess over any other collect- ible insurance which provides coverage for any newly acquired or formed entity. c. Employees as Insureds Any 'employee" of yours is an "ensured" while using a covered'auW you don't own, hire or borrow in your business or your per- sonal affairs. This coverage is excess to any other collectible insurance coverage. 2. Paragraph A.2.a. Supplementary Payments of Coverage Extensions is amended as fol- lows: a. The $2,000 limit in (2) for cost of ball bonds is deleted and replaced by $3,000. b. The $2S0 a day limit in (4) is deleted and replaced by $350. b. Broad Form Named Insured B. SECTION 10 - PHYSICAL DAMAGE COVERAGE Any business entity ray acquired or is amesuded as follows: formed by you during the policy period pro- 1. Paragraph A.2.Towing is deleted in its entirety vided you own 50% or more of the business and replaced by: CA R053 0810 Includes Copyrighted Material of Insurance Services Offices, Page 1 of 4 13 Inc., with its permission. s Unless otherwise excluded or not covered we will pay up to $100 for towing and labor costs incurred each time a covered 'auto" of the pri- vate passenger type is disabled. However, the labor must be performed at the place of disab- lement. 2. Paragraph A.4-Coverage Extensions is amended'as follows: a. Transportation Expenses (1) The $20 per day limit is deleted and re- placed by $50 per day. (2) The $600 maximum for temporary` transportation expense is deleted and replaced by $1,500 maximum. b. loss of Use Expenses The last paragraph is deleted in its entirety and replaced by: However, the most we will pay for arty ex penses for loss of use is $65 per day, for a maximum of $1,950. 3. The following are added to paragraph A. 4. Coverage Extensions: c. Auto Loan/Lease Gap Coverage In the evert of a total loss" to a covered private passenger "auto" to which physical damage coverage applies, we will Fey any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount paid under the Physical Damage Coverage Section of the policy; and (2) Any: (a) Overdue leaselloan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. d. Hired Auto Physical Damage Coverage (1) If this policy covers Comprehensive, Specified Causes of Loss or Collision Coverage for any private passenger type "auto" you own, coverage is ex- tended to incl ide the same Physical Damage Co-verages, including the larg- est deductible(s), to include any private Passenger type'auto! you hire or bor- row. This extension does not apply to "autos" you hire or borrow with a dr 1Yer .. (2) The most we wW Pay for 'loss" in any one "accident" is the lesser of: (a) The actual cash value of the dam- aged or stolen property as of the time of the 'loss ", or (b) The cost of repairer or replacing the damaged Of stolen private passenger type "auto" with other propert of like kind and quality. (c) $50,000. (3) An adjustment for depreciation and physical condition will be made in de- term actual cash value in the ever& of a total "loss ". (4) If a repair or replac mmxtt results in bet- ter than Ike kind or quality, we will not pay for the amount of the betterment. (5) The following are deemed to be covered private passenger type `autos" you own: (a) Any covered private passenger type "auto" you lease, hire, rent or borrow; and (b) Any covered private passenger type "auto" hired or rented by your "em- ployee" under a contract in that intti- vldual "employee's" name with your perrnission, while perlomring duties relating to the conduct of your busi- ness. e. Personal Effects Coverage For any owned "auto" that is involved in a covered "loss', we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. 4. SECTION III - PHYSICAL DAMAGE B. Ex- clusions is amended as follows: Accidental Discharge of Ahbags (1) Exclusion 6.3.a.does not apply to the accidental discharge of airbags. Tapes. Retards and Discs Coverage (1) Exclusion BA a. is deleted to the ex- tend it conflicts with the following: If this poky covers Comprehensive, Specified Causes of Loss or Collision Coverage for any "auto" you own we will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data elide equipment, We Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, CA 8053 0810 Inc., with its permission. will Pay only if the tapes, records, discs Of other similar audio, visual or data electronic devices: (a) Are your property or that of a family member, and (b) Are in a covered "auto" at the time of "kiss". The most we will pay for loss is $200. We will not pay for "bss" or damage caused by marring, scratching, wear and tear or mechanical or electrical break- down. No Physical Damage Coverage deducti- ble applies to this coverage. S. The following is added to C. 3. Limit of Insur- ance: New Vehicle Replacement Cost However, in the event of a total loss to your "new vehicle" to which this coverage ap. ples, as shown in the Declarations, we will Pay at our option: (1) The verifiable "new vehicle" purchase Price you paid for your damaged vehicle . not indtm* g any insurance or warran- ties purchased; (2) The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any fumishings, parts or equipment not in- stalled by the manufacturer or manufac- turer's dealership. If the same mo" is riot available Pay the Purchase price of the most similar model available; (3) The market value of your damaged ve- hicle, not including any furnishing, parts or equipment not installed by the manu- facturer or manufacturer's dealership. This coverage applies only to a covered "auto' of the private passenger, light truck or medium truck type (20,000 Ibs or less gas vehicles weight) and does not apply to initiation or set up costs associated with bans or leases. 6. The following are added to D. Deductible: a. Glass Repair - Waiver of Deductible No deductible applies to "loss" to glass used in the windshield, doors and windows if it is repaired instead of replaced. b.Waiver of Collision Deductibife - Parked Car If a covered "auto" is legally parked and in- curs a 'loss" due to a cdision the Collision Deductible shown in the Declarations will be waived. r-1 C. Multiple Deductibles In the event of any occurrence r i a "loss" covered under more than the coverages provided under Paragraph A. Coverage of SECTION Ili - PHYSICAL DAMAGE COVERAGE inck holing the cove- rages under B. 2. and 3. of tins endu n "Wd, the deductibles shag be applied as described in (1) or (2) below. (1) If all applicable deductibles are equal in amc mnt, that amount will apply ordy once for all loss from each pence. We will add the amount of loss from all applicable coverages and subtract the deductible icon the total. (2) If all applicable deductibles are different anxwrnts, we will use the method de- scribed in (a) or (b) below which results in higher total payment to you. (a) We will apply each deductible to the loss for the coverage to which it ap - Plies; or (b) We will add the amount of loss from all applicable coverages and subtract from the total the largest applicable deductible. This Multiple Deductible clause applies separately to each covered "auto". C. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 1. Paragraph 2. a. of Duties In The Event Of • Accident, Claim, Suit Or Loss is deleted in its entirety and replaced by: a. In the event of "accident", damns, "scat• or "loss", you must give us or our authorized representative prompt notice of the "aeci- denC or "loss ". Include: (1) H ow, w /� h � / and where the "accident' or ...'..r occurred, (2) The "irsured's" name and address; and (3) To the extent possible, the names and addresses of any iryured persons and witnesses. Your duty to give us or our authorized rep- resentative notice of the 'accident", claim, "suit" or 'loss", applies only when the "acci- dent ". damn, "suit" or lose, is known to: (1) You, if you are an individual; (2) A partner if you are a pannecship; (3) A member if you are a invited liability company, or (4) An executive officer or insurance man- ager, if you are a corporation. CA 8053 0810 Includes Copyrighted Material of Insurance Services Offices, Page 3 of 4 Inc., with its permission.. 0 2. The following conditions are added to SEC- TION IV - BUSINESS AUTO CONDITIONS: a. Any agreement, contract, lease or permit requiring: (1) You to include any person or organiza- tion as an additional insured; or (2) You to waive your rights of recovery against any person or organization; must be siytied prior to an "accident". b. The k4owing is added to A. 5. Transrar Of Rights Of Recovery Against Others To Us (Waiver of Subrogation) If a written agreement, written contract or permit rues that you waive any right of recovery against any person or organization we also waive any right of recovery we may have against that person or organisation because of payments we make for injury or damage arising out of an "accident". c. The folowing is added to 13.2. Conceal - MOM. Misr 0 tion Or Fraud If you unintentionally fail to disclose any ha- zards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exer- cise our right of cancellation or non - renewal. D. SECTION V - DEFINITIONS is amended as fol- lows: 1. "New Vehicle' means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. 2. "Personal effects" means your tangible property that is worn or carried by you, except for tools, jewelry, money, or securities. �J Page 4 of 4 Inckides Copyrighted Material of Insurance Services Offices, CA 8053 0010 Inc., with its peunission. 0 4 i POLICY NUMBER: CMP 5636216 03 ' COMMERCIAL GENE"L LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the fdbweug: COMMERCIAL GENERAL LIABILITY COVERAGE PART -j LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED 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 aft Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Nanw: * SEE BELOW 2. Address: 3. Number of days advance notice: 3 0 * * Infarrnation required to complete this Schedule, if not shown above, wilt be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE HUM INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GE4Z AL LIABILITY CERTIFICATES ARE ON FILE WITH YOUR AGENT. t* EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PRBNZOii CG 02 0512 04 © ISO Properties, Inc., 2003 Page 1 of 1 13 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 OS 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or• organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed #o: CITY OF CORPUS CHRISTI PO BOX 9277 DEPARTMENT OF ENGINEERING SVCS CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which it is attached effective on the inception date of the policy uniess a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on December 31, 2010 at 12:01 A.M, standard time, forms a part of Policy No. TSF- 0001139713 20101231 of the Texas Mutual Insurance Company Issued to MALEK INC Premium $ Endorsement No. 3 0.00 /C 0 - 3-1, 41 ! Authorized Representative WC420601 (EM 194) INSURED'S COPY GXRANGEL 3 -15 -2011 IL 4017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the folkrMng conditions. A. Cancellation 1. The first Named Insured shown in the Dedara- dons may cancel this poky by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel - lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation I we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fec dve even if we have not made or offered a refund. B. 9 notice is mailed, proof of mailing will be suffi- cierd proof of notice. S. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examhutlon Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. you reports on the conditions we fi and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organizatim which makes in- surance inspections, surveys, reports or reo. ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or reoam- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we lay. F. Transfer Of Your Rights And Duties Under This PoNcy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and dudes will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 C3 pOUCY NUMBER: BAP 5636217 03 COMMERCIAL A UTO CA 02 44 06 04 THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE REAI7IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless nwa- Fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 12/31/2010 Named Insured: MALEK INC Authorized R esernta0�ve SCHEDULE Number of Days' Notice 30 Name Of Person Or OrgeniZatkM BLANKET Address P O BOX 679 Corpus Christi, TX 78403 *EXCEPT 10 DAYS IN THE EVENT OF NON - PAYMENT OF PREMIUM If this policy is canceled or materially changed to reduce or restrict coverage, we will mad notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 VSO Properties, Inc., 2003 page 'I of 1 ❑