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HomeMy WebLinkAboutC2014-029 - 2/11/2014 - Approved 2014-025 2/11/14 M2014-01 Miller& Miller Mechanical S P E C I A L P R O V S P E C I F I C A T I'y 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 SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012 ) REBID FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 , Fax: 361/826-3501 =.sE.OF I*" t $%!;.•,....... •. o / �,40V. of Tell i f if SCOTT E t: . ; DAVID MORALES • II `•f ::',v F f- 108769 09/20/13 09/20/13 Scott E. Stridde, P.E. R. David Morales, P.E. Electrical Engineer Mechanical Engineer AND STRIDDE, CALLINS & ASSOCIATES, INC. F-6328 342 S. NAVIGATION BLVD. CORPUS CHRISTI, TEXAS 78405 Phone: 361/883-9199 Fax: 361/883/9177 LPROJECT NO: E13007 DRAWING NO: PBG 791 Selena Auditorium Air Handling Unit Replacement And Chilled Water Pump Addition (FY2012) REBID PROJECT No. E13007 (Revised 6/27/99) Table of Contents NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B 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/Explanation of Bid Items 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 A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A 15 Excavation and Removal° (NOT USED) A 16 Disposal/Salvage of Materials (NOT USED) A 17 Field Office (NOT USED) A-18 Schedule and Sequence of Construction A 19 Construction Project Layout and Control (NOT USED) A 20 Tutting and Certification (NOT USED) A 21 Project Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A 25 Sales. Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Water Facilitieo Special Rcquircmcnto A-36 Other Submittals A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A 4l Ozone Advisory (NOT USED) ( A-42 OSHA Rules & Regulations I( A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings - - -- - !! (NOT USED) 00) (NOT USED) e (NOT USED) I A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Allowances SUBMITTAL TRANSMITTAL FORM PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S STANDARD SPECIFICATION& (NOT USED) PART T - TECHNICAL SPECIFICATIONS 010 General Conditions 01010 Summary of Work 01015 Construction Phasing and Sequencing 01020 Allowances 01200 Project Management and Coordination 01400 Quality Control 01500 Temporary Facilities and Controls 01600 Materials and Equipment 01700 Contract Closeout 01740 Warranties 01781 Project Record Documents 01782 Operation and Maintenance Data 015 Mechanical 15000 Mechanical and Electrical Specifications (Common Conditions) 15100 HVAC Specifications 15950 Variable Frequency Drive 016 Electrical 16000 Electrical Specifications LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND 11 I Table of Contents Page 2 of 2 C NOTICE TO BIDDERS Eli l IN NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: The Selena Auditorium Air Handling Unit Replacement and Chilled Water Pump Addition (FY2012) REBID. The project consists of the demolition and replacement of nine (9) existing floor mounted, chilled water air handling units, associated duct and piping modifications, relocation of one (1) existing chilled water pump, the addition of one (1) new, redundant chilled water pump and all associated required piping modifications, pre-construction baseline airflow measurement of existing air handler supply fans, ( baseline water flow measurement of the existing chilled water pump, I post construction Testing, Adjusting and Balancing of air handler supply fans and chilled water pumps. Also included is all associated demolition, mechanical, and electrical work associated with entire scope outlined above. Sealed proposals will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 23, 2013, and then publicly opened and read. Any bid received after closing time will be returned unopened. `y A pre-bid meeting is scheduled for 10:30 a.m. Tuesday, October 8, 2013 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Conference Room 1, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. All questions shall be submitted in writing to the consultant by noon on the Wednesday before the bid opening. 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 One Hundred and no/100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City' s opinion, seems most advantageous to the City and in the best interest of the public. Revised 7/5/00 I 1 CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary 11 I I I I I I 11 • Revised 7/5/00 r t E, t t t t NOTICE TO CONTRACTORS - A E I ti El C 1: NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS QU S 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 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long-term environmental impact for the disposal of 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 I! X REQUIRED ❑ NOT REQUIRED Page 1 of 2 r C I 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. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. I I I I 11 11 Page 2 of 2 I 11 C t NOTICE TO CONTRACTORS - B E NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE p REQUIREMENTS L, Page 1 of 11 I Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a)The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage(certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers'compensation coverage agreement(TWCC-81, TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' I compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement)providing services on a project, for the duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3)Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers'Compensation Act,pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7)Persons providing services on the project("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections(h) and(i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 I 1 • I "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 El include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8)Project--Includes the provision of all services related to a building or construction contract k 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 Li 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: Et (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; 1 ri, (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; i (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; ti (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, [J, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 t I (d)A contractor shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 I It (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., (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; E (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 It 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 rs 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; it (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." services on the project,prior to the end of the (4)provide the person for whom it is providing se p � ,p 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; L Page 5 of 11 1 I I (6)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph(3) of this subsection; (D)provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts,to perform as required by this subparagraph and subparagraphs(A)-(G) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (1) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6of11 1 t (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes,Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). CI (i)The coverage requirement in this rule does not apply to sole proprietors,partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors,partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. 1 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 ci,, t ,,V 1 I �, l Y Page 7 of 11 It I T28 S 110.110(d)(7) "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I I I I I I I I I Page 8 of 11 I i T28S 110.110(c)(7) i Article . Workers'Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')-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 ��Ilff 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 It any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and Epayroll 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 Itthe 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 It providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage C showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 C 3 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 3 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. 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) note the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10 of 11 I 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. C C C C C C C C C C L Page 11 of 11 C PART A Ir SPECIAL PROVISIONS C 1 SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID r PROJECT NO. E13007 SECTION A - SPECIAL PROVISIONS A-i Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. , Wednesday, October 23, 2013. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi Ili 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - Selena Auditorium Air Handling Replacement And Chilled Water Pump Addition (FY2012) REBID PROJECT NO. E13007 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is t solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on 8th, October beginning at 10:30 A.M. The meeting will convene at the Engineering Services Conference Room 1, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a It discussion of the project elements. All questions shall be submitted in writing to the consultant by noon on the Wednesday before the bid opening. No additional or separate visitations will be conducted by the City. t t A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The project consists of the demolition and replacement of nine existing floor mounted, chilled water air handling units, t associated duct and piping modifications, relocation of one existing chilled water pump, the addition of one new, redundant chilled water pump and all associated required piping modifications, pre-construction existing air handler supply fans and chilled water pump Testing and post construction air handler supply fans and chilled water pump Testing, Adjusting and Balancing. Also included is all associated demolition, mechanical, and electrical work associated with entire scope outlined above. It Section A - SP (Revised 12/15/04) Page 1 of 23 11 A-4 Method of Award The bids will be evaluated based on the following: 1. Total Base Bid, er. 2. Total Bacc Bid with Additivc Altcrnativc No. 1 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. The City reserves the right to accept the Base Bid with no Additive Alternate or with the Additive Alternate. Bid award is subject to the availability of funding. 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 SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID, PROJECT #E13007 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 130 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. No additional calendar days will be awarded for Additive Alternative No. 1. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November 3 Days June 4 Days December 3 Days 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, $400 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 Section A - SP (Revised 12/15/04) Page 2 of 23 I of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. 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 I! The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) I! Labor preference and wage rates for Building, Construction. In acc of conflict, Contractor shall ucc highcr wagc ratc. In cacc of conflict, Contractor shall uoc highcr wagc ratc. In case if conflicts, I! Contractor shall use higher wage rate. Miniuum 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 Section A - SP (Revised 12/15/04) Page 3 of 23 I 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 than 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' ) times the specified hourly wage mist 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 Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas 811 and the Lone Star Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer SCA Engineering David Morales, PE 883-9199 883-9177 (fax) Traffic Engineering 826-3540 Police Department 882-1911 Water Department 826-1880 (826-3140 after hours) Wastewater Department 826-1818 (826-3140 after hours) Gas Department 885-6900 (826-6900 after hours) Storm Water Department 826-1881 (826-3140 after hours) 3 Parks & Recreation Department 826-3461 Streets & Solid Waste Services 857-1970 A E P 299-4833 (693-9444 after hours) S B C / AT&T 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 857-1946 82 6-1956 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of undcrground 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 undcrground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Section A - SP (Revised 12/15/04) Page 4 of 23 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. Whcrc existing sewers arc cncountcrcd and are interfered with (i.c. broken, cut, ctc.) , flow must bc maintained. Sewage or othcr liquid must bc handled by the Contractor cithcr 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 flumcd over the streets or ground surface and Contractor must pay for all fines and rcmediation 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 Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A traffic control plan is included in the construction drawings. A-14 Construction Equipment Spillage and Tracking 1! The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A 15 Excavation and Removals (NOT USED) The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - SP (Revised 12/15/04) Page 5 of 23 11 All existing concrctc and asphalt within thc limits of thc Projcct must be rcmoved unless otherwise notcd. oidcwalks, etc., are to be considered subsidiary to thc bid item for "Street Ex ovation"; thcrefore-1 no dircct paymcnt will be madc to Contractor. A-16 Diopooal/Salvage of Matcrialo (NOT USED) Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling io considered subsidiary; therefore, no direct paymcnt will be madc to Contractor. A 17 Ficld Office (NOT USED) The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the cite as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 hour per day answering service) and FAX machine paid for by the Contractor. Thcrc is no separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on Calendar Days. This Plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion/Liquidated Damages" and as noted above. Section A - SP (Revised 12/15/04) Page 6 of 23 B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects I! occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A 19 Conotruction L'rojcct Layout and Control (NOT USED) The drawings may dcpict but not necessary include: lines, elopes, grades, sections, measurements, bench marks, baselines, etc. that arc normally required to construct a project of this nature. Major controls and two (2) bench marks rcquircd for project layout, will be provided by the City or Consultant Project Enginccr. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is nece-vary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Enginccr '18 hours notice so that alternate control points can be established by the City or Consultant Project Enginccr 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 Enginccr at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed lino and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Enginccr prior to deviation. If, in the I! opinion of the City or Consultant Project Engineer, the rcquircd deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as rcquircd for the City or Consultant Project Enginccr to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Enginccr may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certifi ation for documentation I! specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) arty R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Streets: + All curb returns at point of tangency/point of circumference • Curb and gutter flow lino both sides of street on a 200' interval; - - - - - - - - - -- - - - - - - -- W a s astewater: Section A - SP (Revised 12/15/04) Page 7 of 23 1: I • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: • All rim/invert elevations at manholes; • All intersecting lines in manholes; Z 20 Tcsting and Certification (NOT USED) 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 aftcr corrective measures have been taken, and the coot of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all appli able certifications to the City Engineer. A-21 Porn jer t- Si gno (NOT USED) The Contractor must furnish and install ? Project signs as indicated in "Attachment 1 Bond 2004 Project Sign." The sign 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 combination of the foregoing under contract with a prime contractor on a City contract. Section A - SP (Revised 12/15/04) Page 8 of 23 i c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: I! 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . I! 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, I! interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. 11! 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. 1: f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be f performed by the joint venture. Section A - SP (Revised 12/15/04) Page 9 of 23 C 11 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. 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 The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including 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 Section A - SP (Revised 12/15/04) Page 10 of 23 11 the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified . by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A 25 Sales Tax Excmption (NOT USED) ( Section B 6 22, Tax Exemption Provision, is deleted in its entirety and thc following substituted in lieu thcrcof. Contracts for improvements to- real property awarded by thc City of Corpus Christi do not qualify for exemptions of Sales, Exciac, and Use Taxes unless the Contractor elects to operate under a separated contract as defined by Scction 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Codc, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If the Contractor elects to operatc under a separated contract, he shall: 1. Obtain the necessary sales tax permits from the State Comptroller. 2. Identify in the appropriate space on the "Statement of Materials and Other Charges" in the proposal form the cost of materials physi ally I! incorporated into the Project. 3. Provide resale certificates to suppliers. 9. Provide the City with copies of material invoices to substantiate the proposal value of materials. If the Contractor does not elect to operate under a separated contract, he 1! must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors are eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale ccrtificatc to the subcontractor and the subcontractor, in turn, iscucs a resale ccrtificatc to his supplier. 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: Section A - SP (Revised 12/15/04) Page 11 of 23 11 In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk-or-Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk-or-Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk-or-Installation Floater Section A - SP (Revised 12/15/04) Page 12 of 23 I insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance covcragc. 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 1 management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in r similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or . 1 replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Section A - SP 1!!! (Revised 12/15/04) Page 13 of 23 11 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 il 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 II 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; II 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 II major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. II 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 II 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. . II 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the II Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that II 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 II 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 II 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 II 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 il major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; II Section A - SP (Revised 12/15/04) II Page 14 of 23 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. Documcntation ao rcquircd by Spccial Provicion A 35 K, if applicablc. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor 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" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence I 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. Section A - SP (Revised 12/15/04) Page 15 of 23 I I A. Visitor/Contractor Orientation Prior to performing work at any City water facility, thc Contractor, his subcontractors, and each of thcir . cmployces must havc on their person a valid card certifying thcir prior attendance at a Visitor/Contractor Safety Oricntation Program conducted by thc City Water Dcpartmcnt Peroonncl. A Visitor/Contractor Safety Oricntation Program will be offered by authorized City Watcr Dcpartmcnt personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. The Contractor ohall not otart, operate, or otop any pump, motor, valve, oquipmont, °witch, breaker, control, or any other item rclatcd to City water facility at any time. All such items muot be operated by an operator or other authorized maintenance employee of the City Water Dcpartmcnt. C. Protcotion of Water Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Dcpartmcnt to protect the quality of the water. D. Conformity with ANSI-/-NSF Standard 61 All materials and cquipmcnt used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. thread compounds, coating°, or hydraulic cquipmcnt. These itcmo personnel immediately prior to uoo. The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. E. _ = All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION Section A - SP (Revised 12/15/04) Page 16 of 23 F. Contractor's peroonncl must wear colored uniform overalls other than orange, blue, or white_ Each omploycc uniform must provido C. Contractor shall rovidc tcic hones for Contractor p p personncl. H. Working hours will bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilitics. J. All Contractor vehicles must bc parked at dcsignatcd site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles arc allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction are nor wander through any buildings other than for required work I! or as directed by City Water Department personnel during emergency evacuation. K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to the computer based monitoring and control system must be performed only by qualified technical and supervisory personnel, cc determined by meeting the qualifications 1 thru 0 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: 1. He is regularly engaged in the computer based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at 1 ast three prior projects. 3. He has been actively cngagcd in the type of work specified herein for at least 5 y ars. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. 5. He employs personnel on this Project who have successfully 1: completed a manufacturer's training course in configuring end implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein. 7. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is Section A - SP (Revised 12/15/04) Page 17 of 23 C I not practical, all cquipmcnt of a given type will be the product of one manufacturer. 8. Prior performance at the 0. N. Steveno Watcr Tr atmcnt Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor chall produce all filled out programming blocks rcquircd to chow the programming as needed and rcquircd, to add thcce two systems to the cxicting City SCADA system. Attached is an cxamplc of the rcquircd programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to chow all of the rcquircd sheets. The Contractor will provide all programming blocks used. L. Trenching Rcquircmcnto- All trenching for thic project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoc or hand digging due to the number of exicting underground obstructions. No trenching machines shall be allowed on the project. 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 submittals. 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. I Section A - SP (Revised 12/15/04) Page 18 of 23 I g. Variations: Contractor must identify any proposed variations from I! the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. I! 2. ,Iamples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related material will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This I! includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." I! A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8- 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the I! net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with Section A - SP (Revised 12/15/04) Page 19 of 23 C I 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) Priming and hot mix paving operationc muct n= _- -_-_-- -_ _- _ = an ozonc advicory ha3 been io3ucd, except for rcpair3. The City Enginccr will notify Contractor about ozonc alcrt. If a dclay such as thio is experienced, the day will not be counted a3 a work day and the Contractor will be compcnoatcd at the unit price indicated in the propooal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, 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 officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or 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's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 12/15/04) Page 20 of 23 I C (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. _ __ - (7/5/00) (NOT USED) The Contractor shall be responsible for thc disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants I! in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies ouch as TNRCC, EPA, etc. It will be the Contractor's responsibility I! to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A 47 Pro Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any construction whatever on the project, -Contractor shall excavate - -- - - - - - proposed pipelines of the project and Contractor shall survey the exact I! vertical and horizontal location of cash crossing and potentially conflicting pipeline. For existing pipelines which parallel and arc within ten feet (10' ) of exiting pipelines at a maximum of 300 feet 0.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on thc project until all report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. • (7/5/00) (NOT USED) proximity of construction equipment beneath overhead electrical wires. Thcrc arc many overhead wires crossing the construction route and along the Section A - SP (Revised 12/15/04) Page 21 of 23 11 construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and overhead clectri al wires or facilities occurs. Contractor shall coordinate his work with CPSL and inform CPL of his construction schedule with regard to said overhead lines. Some overhead lines arc shown in the construction plans, while others arc not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on 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 Allowances The lump bid item described as "Contingency Allowance" has been set as noted and shall be included in the Total Base Bid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of a utility or here-to-force unknown structure or similar situation warrant the use of the allowance funds. Should the use of funds from the "Contingency Allowance" become necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor. There is no guarantee that any of these funds will need to be used throughout the course of the work. 11 11 I Section A - SP (Revised 12/15/04) Page 22 of 23 11 ri SUBMITTAL TRANSMITTAL FORM PROJECT: SELENA AUDITORIUM — AIR HANDLING UNIT REPLACEMENT AND CHILLED a WATER PUMP ADDITION (FY2012) REBID PROJECT No. E13007 OWNER: CITY OF CORPUS CHRISTI r ENGINEER: STRIDDE, CALLINS & ASSOCIATES, INC. I: CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION IfOR DRAWING SUBMITTAL I! C it C C C C C I I It - C Section A - SP (Revised 12/15/04) Page 23 of 23 It AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH day of FEBRUARY , 2014, 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 Miller & Miller Mechanical Contracting Company, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $457,800.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID PROJECT NO. E13007 kia (TOTAL BASE BID: $457,800.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, 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 is Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal 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 130 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. I 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. a Page 2 of 3 Rev. Jun-2010 I ATTEST: CITY OF CORPUS CHRISTI By: ✓' .4..t.,, City Secretary ] Natasha Fudge, P.E. Acting Director of Capital Programs APPR VED TO LEGAL FORM: By: ttl Asst. ity Attorney CONTRACTOR :ATTEST: (If Corporation) Miller & Miller Mechanical Contracting Company, Inc. Itiettn, BY: L 4 ,41 Ar-gd'oez irk (Seal BeloW) ' le:Pre lent (Note: If Person signing for corporation is not President, 16250 FM 624 - wen copy of authorization (Address) ,„to sign) Robstown, TX 78380 (City) (State) (ZIP) 361/387-3783 / tom(c�mmmech.com (Phone) (Email) Lza:-.2 Of I'll..""" (y SECRfTARV Page 3 of 3 Rev. Jun-2010 P R O P O S A L F O R M F O R I it y SELENA AUDITORIUM - AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012 ) REBID PROJECT NO . E13007 S a DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 8 L r P R O P O S A L IP Place: DEPT OF ENGINEERING,CC,TX Date: 1 0-23-2013 proposal o f MILLER&MILLER MECHANICAL CONTRACTING CO..INC. a Corporation organized and existing under the laws of the Y Sate of TEXAS 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 a required `or: r SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID PROJECT NO. E13007 at the locations set out by the plans and specifications and in strict 0 accordance with the contract documents for the following prices, to- II r I PROPGSr".L .:;FM 2AGF, 7 OF R BASE BID I I II III IV V ITEM QTY DESCRIPTION UNIT PRICE TOTAL 1 1 Base Bid in accordance with the plans and if specifications, complete and in place per Lump Sum 3 7 6/3 op $3 713 OD.�O 2 1 Contingency Allowance $ 30, 500. 00 $ 30, 500. 00 3 1 Piping Insulation Allowance $ 32, 500. 00 $ 32, 500. 00 4 1 Duct Insulation Allowance mii r $ 18, 500. 00 $ 18, 500. 00 -7 TOTAL BASE BID: $ / O O © O (BID ITEMS 1, 2, 3, & 4) / ali r PROPOSAL FORM PAGE 3 OF 8 r BID SUMMARY TOTAL BASE BID: $ I c ( 8 © 0 , D C) rt L PROPOSAL FORM PAGE 4 OF 8 r The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the. formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials . The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business 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 (4) counterpart (original signed) sets . Time of Completion: The undersigned agrees to complete the work within one hundred and 30 (130) calendar days from the date X11 designated by a Work Order. kat ri r PROPOSAL FORM PAGE 5 OF 8 1 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) : NA Respectful ubmi Name: Tr, /RD� S y `�► �� ; (( — -- SEAL - IF EID=ER IS (SIGNATURE) a Corporation) Address: 16250 FM 624 (P.O. Box) (Street) ROBSTOWN,TX 78380 (C?ty) (State) (Zip) Telephone: 361-387-3783 frit ppOPOSAL FORM PAGE S r PERFORMANCE BOND I STATE OF TEXAS § BOND No. TXC605127 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Miller & Miller Mechanical Contracting Company, Inc. of the City of Robstown, County of Nueces, and State of Texas, as principal ("Principal"), and ■ MERCHANTS BONDING COMPANY(MUTUAL) , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of FOUR HUNDRED FIFTY-SEVEN THOUSAND, EIGHT HUNDRED AND NO/100 U.S. Dollars ($ 457,800.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 11TH of FEBRUARY, 2014, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID PROJECT NO. E13007 (TOTAL BASE BID: $457,800.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 ' is Provided further, that this bond is executed pursuant to Chapter 2253, Texas ii Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in hr is Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. ft In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 12TH day of FEBRUARY 201;114 PRINCIPAL SURETY MILLER & MILLER CHANICALL CONTRACTING CO. , INC. MERCHANTS BONDING COMPANY(MUTUAL) By: / / /; B By: • --�� //ice ����/_ PAtt• *y-in-fact MARY ELLEN MOORE ki, Titl-. Yr�,lzl ' ATTEST: 414,:160-4, -ad' Secretary II r it Address: P.O. BOX 260609 Address: P.O. BOX 870 1• CORPUS CHRISTI, TEXAS 78426 CORPUS CHRISTI, TEXAS 78403 I fis Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore@s-cans.com ,r (Rev. Date May 2011) Performance Bond Page 2 of 3 L L Ns Name and address of Resident Agent of Surety ' Texas, for delivery of notice and service of process: Name: STEVE ADDKISON Agency: SWANTNER & GORDON INSURANCE AGENCY, LLC Address: 500 N. SHORELINE BLVD., SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: SADDKISON @S-GINS.COM Note: Bond shall be issued by a solvent Surety company authorized to do business in Y Y p Y Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must us not be prior to date of contract. END Pei I i (Rev. Date May 2011) Performance Bond Page 3 of 3 1 PAYMENT BOND STATE OF TEXAS § BOND No. TXC605127 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Miller & Miller Mechanical Contracting Company, Inc. of the City of Robstown, County of Nueces, and State of Texas, as principal ("Principal"), and MERCHANTS BONDING COMPANY(MUTUAL) , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of FOUR HUNDRED FIFTY-SEVEN THOUSAND, EIGHT HUNDRED AND NO/100 U.S. Dollars ($ 457,800.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 11TH day of FEBRUARY, 2014 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: SELENA AUDITORIUM AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION (FY2012) REBID PROJECT NO. E13007 (TOTAL BASE BID: $457,800.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Ii Fr I E Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. E Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 12TH day of FEBRUARY , 2014. PRINCIPAL SURETY 1: MILLER & MILLED, MECHANICAL CONTRACTING CO. , INC. MERCHANTS BONDING COMPANY(MUTUAL) E By' _ L --(__> �� II AV Attor f-n-fact MARY ELLEN MOORE 1-, e: .'estcll 2a4 ATTEST: EApt ciA, 4i-,,,A.,,,.,‘ Secretary L Address: P.O. BOX 260609 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78426 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore @s-gins.com Rev. Date May 2011 Payment Bond Page 2 of 3 L Name and address of Resident Agent of Surety ' , for delivery of notice and service of process: Name: STEVE ADDKISON Agency: SWANTNER & GORDON INSURANCE AGENCY, LLC Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: SADDKISON @S--GINS.COM Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END L Rev. Date May 2011 Payment Bond Page 3 of 3 II MERCHANTS BONDING COMPANY, RI tv iii POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Mary Ellen Moore,Cathleen Hayles,Steve Addkison,Tami J.Duncan, Danielle Harris.Kerry M. McIntosh of Corpus Christi and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: E SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. E "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of September , 2013 . `��.•�`•,%A V)is ''w., so 4•7(\‘19•Cod••• (MUTUAL) .k1. A•. MERCHANTS BONDING COMPANY MUTUAL E i"..`r• aj:'4at`' -4?...©01. ;•0*',.Sk PORq 9y: MERCHANTS NATIONAL BONDING,INC. ••�+ ...0- c+ •F-:2 -o- rr•-�• .Z'. 2n v3 •. .• , _ 1933 E V :• .yam. ....c...: By• STATE OF IOWA r�',, *I}•• ,0 1•. COUNTY OF POLK ss. Fr.."""0.0,si*�, President On this 11th day of September 2013 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. E L. MARAN.DA GREENWALT � _ c .I Commission Number 770312 My Commission Expires `O•"" October28,2014 [ . Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. J E In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 12 day of FEBRUARY , 2014. ,,,,.� 110;t,{ •#. •••' G CO.• •• i - ...- sr afi ,, •40• ORPO� 9y °t : - •Q•• 1933 c• Secretary • L)• ` 2003 ;.O+ .. .. cti: [ 1: BOA 0014 (11/11) ':`3, •;off.•', '• d3k, •'\1a.' 7 ,,,4th •••......1-4 •.• ''fir,,,. IUtt' MERCHANT BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 • (800)678-8171 • (515)243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company(Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 C You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 g You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection @tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. C C SUP 0032 TX(12/13) ii. SUPPLIER NUMBER CZ) TO RE ASSIGN1 BFCI15 = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi r 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. 1f`the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: MILLER&MILLER MECHANICAL CONTRACTING CO.,INC. P.O.BOX: 260609,C.C.,TX 78426-0609 6 STREET ADDRESS: 16250 FM 624 CITY: ROBSTOWN ZIP: 78380 FIRM JS: 1. Corporation n 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other 6 DISCLOSURE QUESTIONS r If additional space is necessary,please use the reverse side of this page or attach separate sheet. li 1. State the names of each `'employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NA 0 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NA I hi 3. State the names of each "board member"of the City of Corpus Christi having an"ownership interest" hi constituting 3%o or more of the ownership in the above named"firm." Name Board, Commission or Committee 1,,,F NA E: 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%o or more of the ownership in the above named"firm." L Name • Consultant NA .. L L r • P cposa_ For:r.• Page 7 of 8 P" a • PIP SELENA AUDITORIUM—AIR HANDLING UNIT REPLACEMENT AND CHILLED WATER PUMP ADDITION(FY2012) REBID FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an 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: TOM R.FORD Title: PM/ESTIMATOR t; or Pri Signature of Certifying *Da Date:. 10-22-2013 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 8 of 8 i A`°RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Janet Hudson Swantner&Gordon Insurance Agency PHONE FAx A Higginbotham Company lac.No.E>d):361 561-4244 (ac,No):361-844-0101___- E-MAIL _ PO Box 870 ADDRESSjhudson @higginbotham.net Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Navigators Specialty Insurance Comp _ -.-INSURED MILLE48 / INSURER B:Southern Insurance Company _ 19216_ . Miller&Miller Mechanical Contracting Company V INSURER C:Great Midwest Insurance Co. Inc.; Coastal Controls, Inc.; Mesquite Mechanical INSURER D:Great American Insurance Co 166. 91 Services, LLC P. O. Box 260609 INSURER E: Corpus Christi TX 78426-0609 INSURER F: COVERAGES CERTIFICATE NUMBER:590159360 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 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. INSR I ADOL SUSR' I POLICY EFF I POLICY EXP LTR i TYPE OF INSURANCE INSR WVD I POLICY NUMBER IMM/DD/YYYY)1(MM/DD/YYYY)1 LIMITS A GENERAL LIABILITY •HO13CGL1135711C 8/2/2013 8/2/2014 EACH OCCURRENCE $1,000,000 I 'X COMMERCIAL GENERAL LIABILITY / DAMAGE TO RENTED --- �/ PREMISES(Ea occurrence) !$50,000 ' ___ CLAIMS-MADE IX_ OCCUR MED EXP(Any one person) i$Excluded -- - ----- I I PERSONAL&ADV INJURY F$1,000,000 -- - - GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 ~-',POLICY X 78,- ^ �pC 1 g B AUTOMOBILE LIABILITY BAP5521380 /2/2013 B/2/201 COMBINED SINGLE LIMIT (Ea accident) ,$1,000,000 iX j ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 1 AUTOS _ AUTOS BODILY INJURY(Per accident)F $ X _ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE - (Per accident) $ S A UMBRELLA LIAB I X OCCUR i HO13EXC7887241C /2/2013 /2/2014 EACH OCCURRENCE ' $5,000,000 X EXCESS LIAB CLAIMS-MADE ✓ AGGREGATE $5,000,000 — I DED RETENTION$C WORKERS COMPENSATION NVC0003457801 18/2/2013 B/2/2014 X I WC STATU- I I OTH-II$ AND EMPLOYERS'LIABILITY Y/N ✓// :TORY LIMITS; ER ', _ _ 'ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT i$1,000,000 'OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS elow I E.L.DISEASE-POLICY LIMIT $1,000,000 D I Installation Floater IIMP152013900 8/2/2013 8/2/2014 Per Location $300,000 / Any One Loss $1,000,000 DESCRIPTION OF OPERATIONS/LOCAT.ONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) See attached ACORD 101 Form for additional policy provisions&coverage information. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi Department of Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Contract Administrator PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 .c;��`�� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE AGENCY CUSTOMER ID: MILLE48 LOC#: A��R.O ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner&Gordon Insurance Agency Miller&Miller Mechanical Contracting Company Inc.; Coastal Controls, Inc.; Mesquite Mechanical POLICY NUMBER Services, LLC P. O. Box 260609 CARRIER NAIC CODE Corpus Christi TX 78426-0609 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability[Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization(Blanket)#CG2010 10/01 and Additional Insured-Owner, Lessees or Contractors-Completed Operations(Blanket)#CG2037 10/01],Automobile[Republic PLUS+ Endorsement#CAR053 03/11], and Excess Liability[Follow Form Underlying-Commercial Excess Liability(Umbrella) Insurance #NAVEXC001]policies include blanket automatic additional insured endorsements that provide additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. The General Liability[Waiver of Transfer of Rights of Recovery Against Others to Us(Blanket)#CG2404 05/09],Automobile[Republic PLUS+Endorsement#CAR053 03/11], Excess Liability[Follow Form Underlying-Commercial Excess Liability(Umbrella) Insurance #NAVEXC001]&Workers Compensation[Texas Waiver of Our Right To Recover From Others#WC420304A 01/00]policies include blanket automatic waiver of subrogation endorsements that provide this feature only when there is a written contract between the insured and certificate holder that requires it. The General Liability[Primary and Non-Contributory#NPC800 11/08]policy includes Primary Coverage to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. The General Liability[General Aggregate Limit Per Project#NPC711 08/11]policy includes separate General Aggregate Limit to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. The General Liability,Automobile, and Workers Compensation policies include an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. 0 e e ,4ubttorlum lr Handling Unit Replacement and Chilled 1Mtr PmpTReBidi ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ../ COMMERCIAL GENERAL LIABILITY POLICY NUMBER: HO13CGL1135711C CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION i Tis endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which This insurance does not apply to "bodily in- the injury or damage arises has been put to its intended use by any person or jury"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 • POLICY NUMBER: H013CGL1135711C COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: H013CGL113571►C CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: 'COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Location And Description of Completed Operations: • Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: BAP552138001 COMMERCIAL AUTO CA R053 03 11 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 provisions of the Coverage Form apply unless mod- ified by the endorsement. A. Changes In SECTION II - LIABILITY COVER- (1) 180 days following acquisition or for- AGE mation of the business entity; 1. The following is added to paragraph A.1. Who (2)You report the new entity to us; Is An Insured Provision. (3)End of the policy period. d Any pe bh s, t ry rgar►ization(s) u are °� This clause, known as the Broad Form re - r r tY�e t;'ar tiyri�ti3n � co ors err) f to Inc e�s an addifi in an Named Insured clause, does not apply to any person or organization for which cover- a0if st red'but only with respect to their le age is excluded by endorsement. gal liability for acts or omissions of any per- son(s) or organization(s) for whom Liability This Broad Form Named Insured clause Coverage is afforded under this policy ex- does not apply to any"accident"which oc- cept: curred before you acquired or formed the (1) To "bod l injury', new entity. O y "property damage" or"covered pollution cost or expense" This policy is excess over any other collect- arising out of the sole negligence of ible insurance which provides coverage for the person(s) or organization(s) in- any newly acquired or formed entity. eluded as an additional insured; f. Any"employee"of yours is an"insured" while using a covered"auto"you don't own, (2) To "bodily injury"or"property dam- hire or borrow in your business or your per- age" not caused, in whole or in part. sonal affairs. This coverage is excess to by you or by those acting on your be- any other collectible insurance coverage. half; 2.The following sections of paragraph A.2.a. (3) To any person(s)or organization(s) Supplementary Payments are revised as fol- who are an additional insured only lows. because of this endorsement or a cer- (2)Up to$3,000 for cost of bail bonds tificate of insurance; (including bonds for related traffic law (4) To any railroad named as an addi- violations)required because of an tional insured whether by agreement. "accident"we cover. We do not have contract or permit. to furnish these bonds. e. Any business entity newly acquired or (4)All reasonable expenses incurred by formed by you during the policy period pro- the"insured"at our request, including vided you own 50%or more of the business actual loss of earnings up to$350 a entity and the business entity is not sepa- day because of time off from work. rately insured for Business Auto Coverage. Coverage under this provision is afforded on- ly until the earliest of the following: • CA R053 03 11 Includes Copyrighted Material of Insurance Services Offices, Page 1 of 4 Inc., with its permission. B. Changes In SECTION III - PHYSICAL DAMAGE (d) Costs for extended warranties,Credit COVERAGE Life Insurance, Health,Accident or 1. Paragraph A2.Towing is replaced by the fol Disability Insurance purchased with lowing: the loan or lease; and Unless otherwise excluded or not covered (e) Carry-over balances from previous we will pay up to$100 for towing and labor loans or leases. costs incurred each time a covered "auto"of d. Hired Auto Physical Damage Coverage the private passenger type is disabled. (1) If this policy covers Comprehensive, However, the labor must be performed at Specified Causes of Loss or Collision the place of disablement. Coverage for any"auto"you own,cover- 2. Paragraph A.4.a.Coverage Extensions is re- age is extended to include the same placed by the following: Physical Damage Coverages, including a.Transportation Expenses the largest deductible(s), to include any "auto"you hire or borrow. This exten- We will pay up to $50 per day to a maxi- sion does not apply to"autos"you hire or mum of$1,500 for temporary transportation borrow with a driver. expense incurred by you because of the to- tal theft of a covered "auto" of the private (2) The most we will pay for"loss"in any passenger type. We will pay only for those one"accident"is the lesser of: covered "autos" for which you carry either (a) The actual cash value of the dam- Comprehensive or Specified Causes Of aged or stolen property as of the time Loss Coverage. We will pay for temporary of the"loss", or transportation expenses incurred during the period beginning 48 hours after the theft (b) The cost of repairing or replacing the and ending, regardless of the policy's expi- damaged or stolen"auto"with other ration, when the covered "auto" is returned property of like kind and quality. to use or we pay for its"loss". (c) $50,000. 3. The last paragraph in A.4.b.Coverage Exten- (3) An adjustment for depreciation and sions is deleted in its entirety and replaced by: physical condition will be made in de- b. Loss of Use Expenses termining actual cash value in the event However, the most we will pay for any ex of a total"loss". penses for loss of use is$65 per day,for a (4) If a repair or replacement results in bet- maximum of$1,950. ter than like kind or quality,we will not 4. The following are added to paragraph A.4. pay for the amount of the betterment. Coverage Extensions: (5) The following are deemed to be covered "autos"you own: c.Auto Loan/Lease Gap Coverage (a)Any covered "auto"you lease, hire, In the event of a total "loss"to a covered rent or borrow; and private passenger"auto"to which physical (b)Any covered "auto"hired or rented by damage coverage applies, we will pay any your"employee" under a contract in unpaid amount due on the lease or loan for that individual"employee's"name a covered"auto", less: with your permission, while perform- (1)The amount paid under the Physical ing duties relating to the conduct of Damage Coverage Section of the policy; your business. and, e.Theft Expenses (2)Any: If a stolen "auto" is insured for liability (a) Overdue lease/loan payments at the only under this policy we will pay up to time of the"loss"; $500 for the expense of returning that (b) Financial penalties imposed under a covered"auto"to you. lease for excessive use, abnormal f. Personal Effects Coverage wear and tear or high mileage; For any owned "auto"that is involved in (c) Security deposits not returned by the a covered "loss",we will pay up to$500 lessor; for"personal effects"that are lost or damaged as a result of the covered "loss",without applying a deductible. Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 03 11 Inc.,with its permission. 5. Paragraph B.3.a. Exclusions is replaced by This coverage applies only to a covered the following: "auto" of the private passenger, light truck a.Wear and tear, freezing, mechanical or or medium truck type (20,000 lbs or less electrical breakdown. This exclusion gross vehicle weight) and does not apply to does not apply to the accidental dis initiation or set up costs associated with charge of airbags, loans or leases. 6. Exclusion B.4.a.,pertaining to Tapes, Records S.The following are added to D. Deductible: and Discs Coverage, is replaced with the fol- a. Glass Repair-Waiver of Deductible lowing: No deductible applies to "loss" to glass a. If this policy covers Comprehensive, used in the windshield, doors and windows Specified Causes of Loss or Collision if it is repaired instead of replaced. Coverage for any"auto"you own,we will b.Waiver of Collision Deductible - Parked pay for"loss"to tapes, records, discs or Car other similar devices used with audio, vis- ual or data electronic equipment. We will If a covered "auto" is legally parked and in pay only if the tapes, records, discs or curs a "loss"due to a collision, the Collision other similar audio, visual or data elec Deductible shown in the Declarations will be tronic devices: waived. (1)Are your property or that of a family c. Multiple Deductibles member, and In the event of any occurrence resulting in a (2)Are in a covered"auto"at the time of "loss" covered under more than one of the "loss" coverages provided under paragraph A. Coverage of SECTION III - PHYSICAL The most we will pay for"loss"is$200. DAMAGE COVERAGE including the cove- We will not pay for"loss"or damage rages under B.2., B.3. and B.4. of this en- caused by marring,scratching,wear and dorsement, the deductibles shall be applied tear or mechanical or electrical break- as described in(1)or(2) below: down. (1) If all applicable deductibles are equal in No Physical Damage Coverage deducti- amount, that amount will apply only once ble applies to this coverage. for all losses from each occurrence. 7.The following is added to C. Limit of Insur- We will add the amount of loss from all ance: applicable coverages and subtract the New Vehicle Replacement Cost deductible from the total. In the event of a total loss to your "new ve (2) If all applicable deductibles are different hicle"to which physical damage applies, we amounts, we will use the method de will pay at our option: scribed in(a)or(b)below which results in higher total payment to you. (1) The verifiable "new vehicle"purchase price you paid for your damaged vehicle, (a)We will apply each deductible to the not including any insurance or warranties loss for the coverage to which it ap purchased; plies; or (2) The purchase price, as negotiated by us, (b)We will add the amount of loss from of a new vehicle of the same make, all applicable coverages and subtract model and equipment, not including any from the total the largest applicable furnishings, parts or equipment not in- deductible. stalled by the manufacturer or manufac- This Multiple Deductible clause applies turer's dealership. If the same model is separately to each covered"auto". not available pay the purchase price of C. Changes In SECTION IV-BUSINESS AUTO the most similar model available; CONDITIONS (3) The market value of your damaged ve 1. Paragraph A2.a. of Duties In The Event Of hicle, not including any furnishing, parts Accident, Claim,Suit Or Loss is deleted in its or equipment not installed by the manu entirely and replaced by: facturer or manufacturer's dealership. a. In the event of"accident", claim, "suit"or "loss", you must give us or our authorized CA R053 03 11 Includes Copyrighted Material of Insurance Services Offices. Page 3 of 4 Inc.,with its permission. representative prompt notice of the"acci- has not been previously titled and is less dent"or"loss" Include: than 365 days past the purchase date. (1) How,when and where the"accident"or R. "Personal effects"means your tangible "loss"occurred; property that is worn or carried by you,ex- (2) The"insured's" name and address; and cept for tools,jewelry, money or securities. (3) To the extent possible,the names and addresses of any injured 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",claim, "suit"or"loss", is known to: (1)You, if you are an individual; (2)A partner if you are a partnership; (3)A member if you are a limited liability company; or (4)An executive officer or insurance man- ager, if you are a corporation. 2. The following is added to A.S.Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogation): if aa►ntteri a gt��e�it� rrte,��;ontr,�ct or 4,4: — r rifoii_ ion Div e ?�' ' v® PP may b r 4 e:Yak 1{= R! a Q ! ti ry or damagearismg�dt�f'�n` accident 3. The following is added to paragraph A. Loss Conditions: 6. Any agreement, contract, lease or permit requiring: a. You to include any person or organiza- tion as an additional insured; or b. You to waive your rights of recovery against any person or organization; must be signed prior to an"accident". 4. The following is added to B.2.Concealment, Misrepresentation 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. Changes in SECTION V -DEFINITIONS 1.The following definitions are added: Q. "New Vehicle"means any"auto"of which you are the original owner and the"auto" Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 03 11 Inc.,with its permission. • POLICY NUMBER: HO13CGL1135711C J COMMERCIAL GENERAL LIABILITY NPC 716 07 11 ADDITIONAL INSURED or "CERTIFICATE" HOLDER NOTICE OF CANCELLATION-BLANKET THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ALL COVERAGE FORMS If you are required by written contract to provide Notice of Cancellation (for reasons other than non- payment or premium or deductible reimbursement)to any additional insured or"certificate"holder under this policy,we agree to provide such Notice stating when,no less than 30 days from the date of mailing, such cancellation shall take effect. You agree that as a condition precedent to us providing such notice, you will provide us with a complete list of such additional insureds or"certificate"holders including appropriate designees and complete mailing addresses. Such list shall be provided no less than 7 days from the date it is electronically requested. Such list shall be in a format acceptable to us. If notice is mailed, proof of mailing is sufficient proof of notice. For purpose of this endorsement, "certificate"shall mean a certificate of insurance issued as evidence of this insurance. NPC 716 07 11 Page 1 of 1 1/4._/ j . POLICY NUMBER: BAP552138001 INTERLINE - IL R026 01 12 THIS DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION PROVISION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CONDOMINIUM DIRECTORS AND OFFICERS LIABILITY CRIME AND FIDELITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified 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: Named Insured: Miller&Miller Mechanical Contracting . (Authorized Representative) SCHEDULE Number of Days'Notice: (a) Non-payment of premium: 10 days (b)Any reason other than non-payment of premium: 30 days Name Of Person Or Organization: person(s) or organization(s) , who by written contract, written agreement or written permit requires notice of cancellation. Address: If this policy is canceled by us, we will mail notice of cancellation to the person or organization named in the Sche- dule. We will give the number of day's notice indicated in the Schedule. IL R026 01 12 Includes copyrighted material of Insurance Services Office, inc., Page 1 of 1 with its permission. • TEXAS WORKERS'COMPENSATION AND EMPLOYERS' LIABILITYPOLICY WC 42 06 01 1st Reprint Effective January 1, 1994 POLICY NUMBER:WC0003457801 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi TX 78469-9277 • TEXAS WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY ENDORSEMENT WC 42 03 04 A 1st Reprint Effective January 1, 2000 POLICY NUMBER:WC0003457801 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Incl. 0398149 GREAT AMERICAN INS CO OF NY Administrative Offices sot E 4th street POLICY NUMBER: IMP1520139 00 / CM 7 8 6 9 Cincinnati OH 45202-4201 ✓ rREAIAMERICrL\ 51.33695000 ph ( E d 06 9 2 ) INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY. LOSS PAYABLE PROVISIONS This applies to coverage for Inland Marine CONTRACTOR'S EQUIPMENT NAME City of Corpus Christi Department of Engineering Services ADDRESS PO Box 9277 Corpus Christi, TX 78469-9277 Applies to any covered item in which the above Loss Payee has an interest . LOSS PAYABLE For Covered Property in which both you and a Loss Payee shown above have an insurable interest , we will : 1 . adjust losses with you ; and 2 . pay any claim for loss or damage jointly to you and the Loss Payee , as interest may appear . • OTHER TERMS REMAIN THE SAME CM 78 69 ( Ed . 0 61921 PRO (Pane 1 of 1 ) 0398149 GREAT AMERICAN INS CO OF •NY • - '--'"7 Administrative Offices °, 3011:4th Street �'RI.AI' Cincinnati OH 45202-4201 / A��rERJ(,lj\` 513 369 5000 ph POLICY NUMBER: IMP1520139 00 V/ INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS The following is added to A. Cancellation, 2. a & b. a. 30 days before the effective date of cancellation if we cancel for non-payment of premium or; b. 30 days before the effective date of cancellation if we cancel for any other reason. The above 30 Day Notice of Cancellation is granted in favor of: City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi TX 78469-9277 "All other terms and conditions remain unchanged." CM 8270