HomeMy WebLinkAboutC2006-495 - 11/14/2006 - Approved
DESIGN AND CONSTRUCTION AGREEMENT
This DESIGN AND CONSTRUCTION AGREEMENT is between CITY OF CORPUS CHRISTI (City) and
CORPUS CHRISTI BASEBALL CLUB, L.LP. (Construction Manager). The Parties agree that the Construction
Manager will provide for the design and construction of the Whataburger Right Field Access Ramp (the "Project").
NOW, THEREFORE, In consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration the sufficiency of which is hereby acknowledged, City and
Construction Manager agree as follows
ARTICLE 1
CONSTRUCTION MANAGER'S DUTIES
(1) Construction Manager Will retain the services of a firm(s) or individual(s) professionally and fully qualified to act
as the design professional registered or licensed to practice engineering by the State of Texas;
(2 The Construction Manager will select and contract with a qualified general contractor for the Project;
(3) Construction Manager will ensure that all necessary licenses, permits, inspections, or other authorizations
necessary to construct the project are obtained by the contractor and its subcontractors;
J ~ Construction Manager has or will secure the expertise, experience, and knowledge as well as the necessary
plant. personnel and financial capability to perform the Design Services and the Work in accordance with the terms
of the Contract
( i jAto Prior to the award of a construction contract the Construction Manager will ensure its general contractor has
visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed
and operated, and Construction Manager has performed such tests, if any, as are necessary to determine the
conditions under which the Work will be performed, and Construction Manager accepts the conditions of the Work
site and has taken those conditions into account in entering into the Contract;
(L ~) Construction Manager will pay all fees and expenses due and payable to the consultants, design professionals,
and general contractor
~, Construction Manager assumes full responsibility to City for the improper acts and omissions of its
Subcontractors or others employed or retained by Construction Manager in connection with the Project.
ARTICLE 2
REGULATORY GUIDELINES, REQUIREMENTS AND STANDARDS
(A) GenerallY Construction Manager shall perform or cause to be performed all Design Services described in,
contemplated by, inferable from, or necessary or desirable to achieve the objectives stated in the Design Scope
Specification and the Contract, including all Design Services necessary for the Project to be properly constructed by
the Construction Manager's general contractor and used, operated and maintained by the City of Corpus Christi in
accordance with all applicable guidelines, requirements and standards. "Design Services" means any and all
architectural, engineering and design services required to be performed by Construction Manager pursuant to the
Contract and all labor, materials. supervision equipment, computers, documents, and all other things necessary for
the performance of such services.
(B) City's Review Of Desion Services: Construction Manager shall submit all documents produced as part of
the Design Services to City's Representative for review and approval in accordance with the terms of the Contract.
However, any such review or approval by City or City's Representative shall not relieve Construction Manager of or
otherwise diminish its obligations under the Contract for the Project to be constructed in accordance with prevailing
professional standards
2006-495
1 Jl14/06
M2006-384
ion: Construction Manager shall prepare or cause to be prepared, as
ormation for the construction of the Project.
C< Basehall ('Iuh
lp\CMDesignBulid2.doc
Page 1 of 13
(0) Retention Of Geotechnical Consultants: In preparing the Design Documents, Construction Manager shall
retain an experienced, qualified geotechnical consultant to evaluate all geotechnical considerations relating to the
design and construction of the Project Construction Manager shall be responsible for designing the Project in
accordance with the analyses and recommendations of its geotechnical consultant Copies of any geotechnical
reports or recommendations will be provided to the City's representative.
(E) Qualitv Of Desion Services: Construction Manager shall be responsible for the professional quality,
completeness, accuracy, and coordination of Design Documents. Construction Manager shall provide Design
Services that will result in an operationally cost-efficient and economical facility that meets all environmental and
regulatory requirements as of the date hereof, and uses the most appropriate available technology. Construction
Manager shall provide for all testing and inspections required by sound professional architectural and engineering
practices and by governmental authorities having jurisdiction over the Project. Copies of testing and inspection
reports will be provided to the City's representative
(F) Comoliance With Laws And Reaulatorv Reauirements: In providing Design Services, Construction Manager
shali comply with the lawful requirements of all federal, state, and local authorities having lawful jurisdiction over the
Project Including the Texas Department cf Licensing and Regulation. Construction Manager shall design the
Project to meet all applicable requirements of building control laws and regulations in relation to the design,
construction, occupation, and operation of the Project, including, without limitation, environmental standards, fire
and safety regulations and requirements and compliance with all other applicable standards and codes.
(G) Dutv To Correct Errors. Construction Manager shall cause, without compensation, immediate correction of
any errors omissions or deficiencies in its Design Services and Design Documents.
(H) Schedule Of Desian Services: Construction Manager shall submit for the City's Representative approval the
Design Schedule for the performance of Construction Manager's Design Services which shall include allowance for
reasonable time required for the City'S Representative review of submissions and for approvals of authorities having
jurisdiction over the Project
ARTICLE 3
DETAILED DESIGN
(A) The Detailed Desion: The Detailed Design shall include all Design Documents which shall describe with
specificity all elements, details, components, materials, and other information necessary for the complete
construction of the Project and the rendenng of the Project fully operational for its intended purposes, including
satisfaction of all testing, permitting, qualifications, certifications, validations, and obtaining regulatory approvals by
all applicable regulatory authorities required to render the Project and all its components operational and functionally
and legally usable for their intended purpose The Project will be registered with the Texas Department of Licensing
and Regulation for Architectural Barriers
(B) Desian Documents: The Design Documents including all geotechnical reports and engineering design
reports will be delivered to the City'S Representative for review and approval prior to commencing construction.
Fmal DeSign Documents will be prepared under the direct supervision of and sealed by engineer(s) registered to
practice 'n the State of Texas
ARTICLE 4
CONSTRUCTION SERVICES
(A) General Intent: Construction Manager will cause all Work necessary to construct the Project in accordance
with the Contract and to render the Project and all its components operational and functionally and legally usable for
their intended purpose
(B) Work Defined: The term 'Work" shall mean whatever is done by or required of Construction Manager to
perform and complete its duties relating to the construction of the Project under the Contract, including, without
limitation, the following
Page 2 of 13
H \HOME\KEVIN S\GEN\Baseba II\Rig htFie IdRam p\CM Des Ig" Bu ild2. doc
Construction of the whole and all parts of the Project in full and strict conformity with the Contract;
2) The provision and furnishing, and prompt payment therefor, of all labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel,
heat, light cooling, other utilities and things required for the construction of the Project;
3; T he procurement and furnishing of all necessary building permits and other permits required for the
construction of the Project
4 i The creation and submission to City's Representative of detailed as-built drawings depicting all
as-built construction,
5, The furnishing of any required surety bonds and insurance as required by the Contract;
'6\ The furnishing of all equipment and product warranties, manuals, test results and user guides
required by the Contract or otherwise reasonably available to Construction Manager;
ARTICLE 5
TIME FOR CONSTRUCTION: THE CONTRACT TIME
(A) Time For Completion: Construction Manager shall commence the Work on the Commencement Date, and
the Work shall be carried out regularly and without interruption Construction Manager shall complete the Work
prior to April 12 . 2007
ARTICLE 6
ADDITIONAL DUTIES AND RESPONSIBILITIES OF CONSTRUCTION MANAGER
(A) Construction ManaQer To Perform All Work ReQuired By The Contract: The intent of the Contract is to
require complete. correct and timely execution of the design and the Work, Any and all Work that may be required,
reasonably implied or reasonably Inferred by the Contract, or any part of it, as necessary to produce the intended
result shall be provided by Construction Manager in accordance with Article 10 of this Agreement.
(B) Warranty Of WorkmanshiP And Materials: Construction Manager warrants and guarantees to City's
Representative that all labor furnished to progress the Work under the Contract will be competent to perform the
tasks undertaken and is the best quality obtainable, that the product of such labor will yield only first-class results in
strict compliance with the Contract, that materials and equipment furnished will be of high quality and new unless
otherwise permitted by the Contract, and that the Work will be of high quality, free from faults and defects and in
strict conformance with the Contract. Any and all Work not strictly conforming to these requirements shall be
considered defective and shall constitute a breach of Construction Manager's warranty,
(C) Construction ManaQer's Schedule Of Construction: Construction Manager will cause, within fifteen (15)
days after the Commencement Date, to be submitted to City's Representative, for its information, and comply with,
Construction Manager's Schedule of Construction for completing the Work by the Scheduled Completion Date. The
Schedule of Construction shall reflect the performance of all Work on week days and non-holidays. The Schedule
of Construction shall be a detailed critical path (CPM) schedule in a form acceptable to City's Representative. The
Schedule of Construction shall be revised at least monthly and shall be revised to reflect conditions encountered
from time to time and shall be related to the entire Project Each such revision shall be furnished to City's
Representative. Strict compliance with the requirements of this Paragraph shall be a condition precedent for
payment to Construction Manager and failure to strictly comply with said requirements shall constitute a material
breach of the Contract
(G) Record COpy Of Contract Documents: Construction Manager shall continuously maintain at the site, a copy
the plans, specifications, change orders, shop drawings, product data, samples, and other submittals. Upon Final
Completion of the Work, or upon City's Representative's request, all of the documents described in this Paragraph
shall be finally updated and delivered to City of Corpus Christi and shall become the property of City of Corpus
ChnstL
Page 3 of 13
'-< . \HOME\KEVINS\GEN\BasebaII\RightF ie IdRamp\CMDeslg n Build2, doc
(H) Review And Aporoval Of Submittals: Construction Manager will cause the review, study, and approval or
other necessary action upon all shop drawings, product data, samples, and other submittals to ensure that the
Project will be constructed in a timely fashion In strict compliance with the Contract.
(I) Procurement And Review Of Warranties. Construction Manager will cause to be procured from all
Subcontractors and Suppliers and shall transmit to City's Representative, all warranties required by the Contract.
Construction Manager shall review all such warranties and shall certify to City's Representative that the warranties
are in strict compliance with the requirements of the Contract
(K) As-Built Drawinas: Construction Manager will cause to be prepared and provided to City's Representative a
complete set of all as-built drawings which shall be complete and, except as specifically noted, shall reflect
performance of the Work in strict compliance with the requirements of the Contract.
(L) Compliance With Labor Laws: Construction Manager will ensure all labor responsibility for all personnel
assigned to or contracted for the performance of the Work and agrees to strictly comply with all its obligations as
employer with respect to said personnel under all applicable labor laws.
(M) Testina. Inspections. And APprovals: Construction Manager will cause procurement of all tests and
inspections required by sound professional practices and by governmental authorities having jurisdiction over the
Project, and shall assume the cost of such tests and testing. Construction Manager shall submit certified results of
such tests to City's Representative If the laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to be specifically inspected, tested, or approved, Construction Manager will
ensure that payment for all costs in connection therewith and furnish to City's Representative the required
certificates of inspection. testing or approval
N) City's Representative's Reaulations And Applicable Laws: Construction Manager shall, during the course of
the Work. comply with any regulations or guidelines prescribed by City's Representative. Construction Manager
warrants that it will comply with all public laws, ordinances, rules and regulations applicable to the services to be
performed under the Contract, including without limitation, those relating to the terms and conditions of the
employment of any person by Construction Manager in connection with the Work to be performed under the
Contract
(0) Compliance With Construction Reaulations: Construction Manager shall perform the Work in accordance
With all construction codes, laws, ordinances or regulations applicable to the design and execution of the Work.
Any fine or penalty which may be imposed as consequence of any violation of this provision shall be paid
by Construction Manager, and Construction Manager shall indemnify and hold City, City's Representative
harmless from all loss, damages, and expense, including attorney's fees, resulting from any such violation
or alleged violation.
(P) Permits. Licenses And Notices: The Construction Manager will ensure all construction and building
permits, licenses and authorizations necessary for the construction of the Project are secured and paid for by its
contractor or subcontractors Construction Manager shall notify City's Representative when it has received said
permits, licenses and authorizations and upon receipt shall supply City's Representative with copies of same. The
onginals of said permits, licenses and authorizations shall be delivered to City's Representative upon completion of
the Work, and receipt of such documents by City's Representative shall be a condition precedent to final payment.
Construction Manager shall also give and maintain any and all notices required by applicable laws pertaining to the
construction of the Work.
(Q) Conditions To Site Access: While on City of Corpus Christi's property, all Construction Manager's
employees and Subcontractors shall confine themselves to areas designated by Construction Manager.
(R) Site Safety And Security: Construction Manager shall take all reasonable steps and legally required
measures at the site to comply with applicable safety regulations and standards and to adequately protect the Work,
stored materials. and temporary structures located on the premises, and to prevent unauthorized persons from
entering upon the site. Construction Manager shall at all times safeguard City's property and employees from injury
or loss in connection with the performance of the Contract. Construction Manager shall at all times safeguard and
protect its own partially or completely finished Work and that of the adjacent property and all adjacent work from
Page 4 of 13
H HOME\KEVINS\GEN\Baseball\RlghtFieldRamp\CMDesignBuild2.doc
damage. Construction Manager shall protect City's equipment, apparatus, machinery, and other property and all
adjacent work with boarding and other safeguards so as to keep the premises free from dampness, dirt, dust, or
other damage and shall remove all such temporary protection upon completion of the Work.
(5) Repair Of Collateral Damaaes: Unless otherwise instructed by City's Representative, Construction
Manager shall repair and return to original condition all buildings, streets, curbs, sidewalks, utilities or other facilities
affected by Construction Manager's performance of the Work, all without additional cost to City.
(T) Cleanina The Site: Construction Manager shall keep the site reasonably clean during performance of the
Work Upon Final Completion of the Work, Construction Manager shall thoroughly clean the site and the Project
and remove all waste, debris, trash and excess materials or equipment, together with Construction Manager's
property therefrom
(U) City'S Representative's Access To Work: At all times relevant to the Contract, Construction Manager shall
provide access to the Work to City's Representative and its designees without formality or other procedure.
ARTICLE 7
FINAL COMPLETION
(A) Determination Of Comoletion: When Construction Manager believes that the Work is complete,
Construction Manager shall notify City's Representative in writing and shall submit to City's Representative a list of
items remaining to be completed or corrected. City's Representative will perform an inspection to determine if there
are any outstanding items to complete.
(B) Determination Of Final ComDletion: When Construction Manager believes that all of the Work is finally
complete, and Construction Manager is ready for a final inspection, Construction Manager shall so notify City's
Representative in writing. City's Representative will then make final inspection of the Work and, if the Work is
complete in strict accordance with the Contract, and the Contract has been fully performed, then City's
Representative will issue a project acceptance memo.
ARTICLE 8
CITY'S DUTIES, OBLIGATIONS, AND RESPONSIBILITIES
City shall undertake to perform the following:
(A} Provide Praiset Information City's Representative shall provide Construction Manager with information
regarding City's Representative's requirements for the Project including any desired or required design or
construction schedule.
(B) Review Of Documents: City's Representative shall review any documents submitted by Construction
Manager requiring City's Representative's decision, and shall render any required decisions pertaining thereto.
(C) Provide Notice Of Defects: In the event City's Representative knows of any material fault or defect in the
Work, nonconformance with the Contract, or of any errors, omissions or inconsistencies in the Design Documents,
then City's Representative shall give prompt notice thereof in writing to Construction Manager.
(D) Access To The Site And The Work City's Representative shall provide Construction Manager access to
the site and to the Work, and shall provide Construction Manager with such information, existing and reasonably
available. necessary to Construction Manager's performance of the Contract as Construction Manager may request.
(E) Coooeration To Secure Permits, Licenses, Approvals. And Authorizations: City's Representative shall
cooperate with Construction Manager in securing any necessary licenses, permits, approvals or other necessary
authorizations for the design, construction and certification of the Project.
(F) Timely Performance City's Representative shall perform the duties set forth in a reasonably expeditious
fashion so as to permit the orderly and timely progress of Construction Manager's Design Services and of the Work.
Page 5 of 13
H' \HOME\K EVI NSIGE N\Baseba II\RlghtField RamplCMDesig n BUlld2. doc
(G) City'S Representative's Reviews. Inspections. Anf Aporovals Not A Waiver: City's Representative's review,
inspection or approval of any Work, Design Documents, or Submittals by Construction Manager shall be solely for
the purpose of determining whether suer Work and such documents are generally consistent with City's
Representative's construction program and requirements. No review, inspection, or approval by City's
Representative of such Work or documents shall relieve Construction Manager of its responsibility for the
performance of its obligations under the Contract or the accuracy, adequacy, fitness, suitability, or coordination of its
Design Services or the Work. Approval by any governmental or other regulatory agency or other governing body of
any Work. Design Document or Contract Documents shall not relieve Construction Manager of responsibility for the
strict performance of its obligations under the Contract
(H) Delay Or Forbearance Not Waiver: City.s agreement not to exercise, or its delay or failure to exercise, any
right under the Contract or to require strict compliance with any obligation of Construction Manager under the
Contract shall not be a waiver of the right to exercise such right or to insist on such compliance at any other time or
on any other occasion.
(I) Documents Reauested By Construction Manaaer: City's Representative shall furnish to Construction
Manager, prior to the execution of this Agreement, any and all written and tangible material knowingly in its
possession concerning conditions below ground at the site of the Project. Such written and tangible material is
furnished to Construction Manager only in order to make complete disclosure of such material and for no other
purpose. By furnishing such material, City's Representative does not represent, warrant, or guarantee its accuracy
or completeness either in whole or !n part, and shall have no liability therefor. If Construction Manager requests in
writing, City's Representative shall also furnish surveys, legal limitations, and utility locations (if known), and a legal
description of the Project site
(J) Approvals And Easements: City's Representative shall obtain all easements required for construction, and
shall pay for necessary assessments and charges required for use and occupancy of the Work. Construction
Manager shall render such assistance as City's Representative may request in obtaining such easements,
certificates of occupancy. and the like.
(K) Rlcht To StoP Work. In the event Construction Manager fails or refuses to perform the Work in strict
accordance with the Contract, or is otherwise in breach of this Contract in any way, City's Representative may, at its
option instruct Construction Manager to cease and desist from performing further Work, or any part thereof. Upon
receipt of such Instruction from City's Representative in writing, Construction Manager shall immediately cease and
desist as instructed by City's Representative and shall not proceed further until the cause for City's Representative's
instructions has been corrected, no longer eXists, or City's Representative instructs that the Work may resume.
(L) City'S Representative's Richt To Perform Work: In the event City's Representative issues such instructions
to stop Work, and in the further event that Construction Manager fails and refuses within seven (7) days of receipt of
same to provide adequate assurance to City's Representative that the cause of such instructions will be eliminated
or corrected, then City's Representative shall have the right to carry out the Work with its own forces, or with the
forces of other contractors, and Construction Manager shall be fully responsible for the costs incurred in performing
such Work. The rights set forth in Paragraph 8(K) and this Paragraph 8(L) are in addition to, and without prejudice
to. any other rights or remedies City may have against Construction Manager. including the rights to terminate or
withhold payment as provided hereir
(M) Sales Tax Certificate. The City's Representative will deliver or cause to be delivered to the Construction
Manager a sales tax exemption forrr for the project.
(N) Citys Representative. "City s Representative" means the individual designated by the City Manager to act
on City's behalf in the administration of the Contract
ARTICLE 9
PERSONNEL, SUBCONTRACTORS AND SUPPLIERS
(A) Subcontractor Defined: A 'Subcontractor" means an entity which has a direct contract with Construction
Manager to perform a portion of the Work or the Design Services. For purposes of the Contract, Subcontractors
shall also Include those furnishing specially fabricated equipment and materials for the Project.
Page 6 of 13
H. \HOME\KEVI NS\GE N\Baseba II\Rlg htFieldRam p\CMDesign BUlld2. doc
(8) SuoDlier Defined A "Supplier" means an entity providing only equipment or materials for the performance
of the Wor~
(C) Oblections To Subcontractors: Upon execution of this Agreement, and at such later times as may be
applicable, Construction Manager shall furnish City's Representative, in writing, the names of persons or entities
proposed by Construction Manager to act as Subcontractors on the Project. Construction Manager shall provide
such information regarding such proposed Subcontractors as City's Representative deems necessary. City's
Representative shall promptly reply to Construction Manager, in writing, stating any objections City's Representative
may have to such proposed Subcontractors. Construction Manager shall not enter into a subcontract with an
intended Subcontractor with reference to whom City's Representative objects. Any consent or failure to reject by
City's Representative shall In no way relieve Construction Manager of any of its duties or warranties under the
Contract
(0) Terms Of Subcontracts: All subcontracts and purchase orders with Subcontractors shall afford
Construction Manager rights against the Subcontractor which correspond to those rights afforded to City against
Construction Manager herein, including those rights of Contract suspension, termination, and stop Work orders as
set forth herein. It is expressly agreed that no relationship of agency, employment, contract, obligation or otherwise
shall be created between City and any Subcontractor of Construction Manager and a provision to this effect shall be
inserted Into all agreements between Construction Manager and its Subcontractors.
(E) Construction Manaaer Resoonsible For Acts Of Its Subcontractors: Should Construction Manager
subcontract all or any part of the Work, such subcontracting of the Work shall not relieve Construction Manager
from any liability or obligation under the Contract or under any applicable policy, law or regulation, and Construction
Manager shall be responsible for all and any acts, defaults, omissions or negligence of its Subcontractors,
Suppliers and consultants
(F) Personnel In accordance with Article 2 above, Construction Manager shall employ and assign only
qualified and competent personnel to perform any service or task concerning the Project. Construction Manager
shall designate one such person as the Project Manager. Absent written instruction from Construction Manager to
the contrary, the Project Manager shall be deemed to be Construction Manager's authorized representative and
shall be authorized to receive and accept any and all communications from City's Representative. Key supervisory
personnel names and function assigned by Construction Manager to this Project will be supplied to the City's
R eoresentative
EVidence of the named personnel's competence, such as a resume, shall be provided to City's Representative prior
to said personnel beginning performance of their function. So long as the individuals named above remain actively
employed or retained by Construction Manager, or any related entity or affiliate thereof, they shall perform the
functions Indicated next to their names unless City's Representative agrees to the contrary in writing or unless City's
Representative requests removal of any such individual from the Project. In the event City's Representative
requests the removal of any of the mdividuals named above, Construction Manager shall immediately comply and
shall immediately replace such individual with a qualified substitute to whom City's Representative makes no
objection In the event one or more individuals not listed above subsequently assumes one or more of those
functions listed above, Construction Manager shall be bound by the provisions of this Paragraph 15(F) as though
such indiViduals had been listed above
(G) Removal Of Subcontractors And Personnel: If, at any time during the course of the Project, City's
Representative reasonably determines that the performance of any Subcontractor or any member of Construction
Manager's staff working on the Project is unsatisfactory, City's Representative may require Construction Manager to
remove such Subcontractor or staff member from the Project immediately and replace the staff member at no cost
or penalty to City for delays or inefficiencies the change may cause.
ARTICLE 10
UNCOVERING AND CORRECTING WORK
(A) Construction Manaaer Not To Cover Work Contrarv To Reauirements: If any of the Work is covered,
concealed or obscured contrary to the written request of City's Representative, or contrary to any provision of the
H 'HOME\KEVINS\GEN\BasebaIl\RlghtFieldRamp\CMDesignBu IId2 .doc
Page 7 of 13
Contract. said Work shall, If required by City's Representative, be uncovered for inspection and shall be properly
replaced at Construction Manager's expense without change in the Contract Time.
(B) City's Representative's Richt To Order Uncoverina Of Anv Work: If any of the Work is covered, concealed
or obscured in a manner not inconsistent with Paragraph 18(A) above, it shall, if required by City's Representative,
be uncovered for inspection
(C) Dutv To Correct Reiected Work Construction Manager shall immediately proceed to correct Work rejected
by City's Representative as defective or failing to conform to the Contract. Construction Manager shall pay all costs
and expenses associated with correcting such rejected Work, including any additional testing and inspections made
necessary thereby
(D) DUN To Correct Defective Work Discovered After Completion: In addition to its warranty obligations set
forth elsewhere herein, Construction Manager shall be specifically obligated to correct any and all defective or
nonconforming Work for a period of twelve (12) months following Final Completion upon written direction from City's
Representative
(E) No Penod Of Limitation Established Nothing shall establish any period of limitation with respect to other
obligations which Construction Manager has under the Contract. Establishment of the one-year time period above
relates only to the duty to Construction Manager to specifically correct the Work
(F) City'S Ootion To Acceot Defective Work City's Representative may, but shall in no event be required to,
choose to accept defective or nonconforming Work
ARTICLE 11
OWNERSHIP OF DOCUMENTS
Documents City of Comus Christi Propertv: The Design Documents and the Contract Documents, including but not
limited to, the drawings, specifications and other documents or things prepared by Construction Manager for the
Project, shall immediately become and be the sole property of City of Corpus Christi. Any documents furnished by
City's Representative shall become the property of the City of Corpus Christi. Construction Manager may be
permitted to retain copies of the Design Documents and Contract Documents and any documents furnished by City
for its records; provided, however, that in no event shall Construction Manager use, or permit to be used, any
portion of all of such documents on other projects without the City of Corpus Christ's prior written authorization.
ARTICLE 12
INDEMNITY
(A) From Personal Iniury Or Damaae To Tanaible ProDertv: Construction Manager shall indemnify and
hold City of Corpus Christi, its officers and employees, harmless from any and all claims, liability, damages,
loss, cost and expense of every type whatsoever including, without limitation, attorneys' fees and
expenses, in connection with Construction Manager's performance of this Contract, provided that such
claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to
loss or destruction of tangible property (other than the Work itself), including loss of use resulting
therefrom, to the extent caused by Construction Manager or anyone for whose acts Construction Manager
may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by
City of Corpus Chri8ti, its officers or employees.
(B) From Violations Of laws. Environmental Reauirements. Performance Guidelines. And Licensina
Reauirementll: Construction Manager shall indemnify and hold harmless City of Corpus Christi and their
affiliates, officers, directors, and employees from and against all claims, liabilities, damages, losses, costs,
expenses (including reasonable attorney's fees and expenses, and fees and expenses of experts) for bodily
injury, including death, or damage to or loss of property, or any other type or form of loss occurring or
sustained or resulting from:
H IHOME\KEVI NS\GE N\Baseball\RlghtFleldR amp\CMDesign Build2.doc
Page 8 of 13
(1' Any violation by Construction Manager, its Subcontractors, representatives, employees, and
agents of any municipal, state or federal laws, rules, or regulations applicable to the performance of
its obligations under the Contract;
(2) Environmental violations or contamination from hazardous substances, hazardous wastes
and emissions or other substances or chemicals regulated by any applicable environmental laws or
regulations and resulting from any willful misconduct, negligent act or omission, or legal violation
by Construction Manager, its Subcontractors, Suppliers, representatives, employees, or agents;
(3) The failure of any of Construction Manager's employees, agents, representatives, Suppliers,
or Subcontractors to obtain and maintain the required skills, licenses, certificates and permits
mandated by applicable federal, state or local governing authorities with jurisdiction over
construction, fabrication, environmental, health and safety matters or the Project.
(C) Hazardous Materials. In the event Construction Manager discovers hazardous or contaminated materials,
including but not limited to asbestos, PCBs, petroleum, hazardous waste, or radioactive material, Construction
Manager sha11 stop all Work in connection with such hazardous condition and in any area affected thereby, and
notify City's Representative of the discovery of said condition. Construction Manager shall strictly comply with all
applicable laws, regulations, rules or other promulgations by governing bodies, agencies, authorities or
organizations havmg jurisdiction over the Project or the discovery of said hazardous or contaminated material.
Construction Manager shall secure the Work site to prevent access by unauthorized personnel. If Construction
Manager fails to comply with this Paragraph 21 (C) or contaminated, hazardous or suspected contaminated or
hazardous material is transported (either on or off site) without notice to City's Representative, such materials shall
become the property of Construction Manager and Construction Manager shall be solely responsible for all costs
and fines assOCiated therewith
ARTICLE 13
INSURANCE
(A) Reauired Coveraae And Limits: Construction Manager shall have and maintain the insurance described in
Exhibit "A" attached hereto and incorporated herein by reference during the entire performance of this Contract.
Such Insurance shall cover the claims and provide the limits of coverage set forth in Exhibit "A".
(B) Proof Of Insurance: Construction Manager shall provide City's Representative with Certificates of
Insurance naming the City of Corpus Christi as an additional named insured, or certified copies of the policies
required by City of Corpus Christi, and certifying that all insurance is in force within ten (10) days after the Contract
becomes effective or on the date construction is commenced, whichever occurs first. The certificates of insurance
evidencing the coverages required by the Contract shall contain an endorsement providing thirty (30) days notice to
City of Corpus Christi prior to any cancellation or alteration of said coverage. Said coverage shall be written by an
insurer acceptable to City of Corpus Christi and shall be in a form reasonably acceptable to City and City of Corpus
Christ,
(C) Coveraae The Construction Manager Will cause their contractor and subcontractors to provide proof of
insurance with the coverage set forth in Exhibit "A" in accordance with the requirements listed.
ARTICLE 14
SURETY BONDS
(A) Performance Bond And Payment Bond: Construction Manager shall cause their contractor to furnish
separate performance and payment bonds to City of Corpus Christi. Each bond shall set forth a penal sum in an
amount not less than the Contract Price. Each bond furnished by Construction Manager shall incorporate by
reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the
Contract Price IS adjusted by Change Order executed by Construction Manager, the penal sum of both the
performance bond and the payment bond shall be deemed increased by like amount. The performance and
payment bonds furnished by Construction Manager shall be in form suitable to the City of Corpus Christi and shall
be executed by a surety, or sureties. reasonably acceptable to City of Corpus Christi.
H \rlOME\KEVI NS\G E N\Baseball\Rlg htField Ramp \CMDesig n Bu Ild2. doc
Page 9 of 13
ARTICLE 15
MISCELLANEOUS PROVISIONS
(A) Govermnq Law' The Contract shall be governed by the laws of the State of Texas where the Project is
situated
(8) Successors And Assians The City of Corpus Christi and Construction Manager bind themselves, their
successors. assigns, executors, administrators and other legal representatives to the other party hereto and to
successors, assigns, executors, administrators and other legal representatives of such other party in respect to all
terms and conditions of this Contract.
(C) Non-Assiqnment: Construction Manager shall not assign the Contract, or any part of the Contract, without
prior written consent of City's Representative
(D) Notices Any notice required to be given herein shall be deemed to have been given to the other party if (1)
given by first class mail, registered or express mail, courier service, or hand delivery; or (2) by telex or fax, provided
that such notice is also confirmed by first class mail. registered or express mail, courier service, or hand delivery to
J!!~ following addresses-.: _______
To City:
City of Corpus Christl
cia Engineering Services
City of Corpus Christl
Corpus Christi, TX 78469-9277
Attn: Kevin Stowers
"-_._,._-----_._.__._-~_._._-~
"I To Construction Manager:
i Corpus Christi Baseball Club, L.L.P.
I 734 Port Avenue
I Corpus Christi, TX 78460
I Attn: J J. Gottsche
I
-~---
All notices shall be effective upon receipt
(E) Severabilitv: In the event that any portion or any portions of this Contract are held to be unenforceable by a
court of competent jurisdiction, then the remainder of this Contract shall be enforced as though such portions had
not been included unless to do so would cause this Contract to fail of its essential purposes.
Executed by the parties' duly authOrized representatives as indicated by their signatures below.
CITY
City of Corpus Christi
~. -<..--
By:
(Signalv '
CONSTRUCTION MANAGER
Corpus Christi Baseball Club, L.L.P.
By ~,.Q
(Sjg~
APPROVED AS TO FORM:
ie:t~~~ty1:~~~~ ' ! C D~e ~
~ M 1 )JO/(/ -1lo~.. AU! !iV"IL....
IT ~IL ...JLl.1.<;Lt.Q1R-...-
S[(;fiA~l;fp
ATTEST:
/?JhM"~6
Armando Chapa. City Secretary
~..
H- \HOME\KEVINS\GEN\BasebaII\RlghtFleldRamp\CMDesignBuild2.doc
Page 10 of 13
Exhibit A
Mandatory Requirements
(Revised May, 2006)
INSURANCE REQUIREMENTS
CONSTRUCTION MANAGER LIABILITY INSURANCE
A The Construction Manager shall not allow their contractor to commence work
under this Agreement until it has obtained all insurance required herein from
their contractor and such insurance has been approved by the City. Nor shall
the Construction Manager allow any subconsultant to commence work until all
similar insurance required of the subconsultant has been so obtained.
B. The Construction Manager shall furnish two (2) copies of certificates, with the
City of Corpus Christi named as an additional insured, showing the following
. . t bl t th C'
3D-Day No
certificate
minimum coverage In an Insurance company accepl a e 0 e Ity.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
-..-,...--
tice of Cancellation required on all Bodily Injury and Property Damage
s
al General Liability including $2,000,000 COMBINED SINGLE LIMIT
ommercial Form
remises - Operations
plosion and Collapse Hazard
nderground Hazard
roductsl Completed Operations Hazard
ontractuallnsurance
road Form Property Damage
dependent Consultants
ersonal Injury
ILE L1ABILlTY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
ED
WHICH COMPLIES WITH THE TEXAS WORKERS=
S' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
RS' LIABILITY $100,000
LIABILITY $1,000,000 COMBINED SINGLE LIMIT
IONAL POLLUTION L1ABILlTYI $2,000,000 COMBINED SINGLE LIMIT
MENTAL IMPAIRMENT COVERAGE
to sudden & accidental discharge; to include [ 1 REQUIRED
nvironmental impact for the disposal of [Xl NOT REQUIRED
nts
S RISK I See Section B-6-11 and Supplemental Insurance
Requirements
[ X 1 REQUIRED [ 1 NOT REQUIRED
-
TION FLOATER $100,000 Combined Single Limit
See Section B-6-11 and Supplemental Insurance
ReqUirements
[l REQUIRED [Xl NOT REQUIRED
-,_._~
Commerci
1 C
2 P
3 Ex
4 U
5 P
6. C
7 B
8 In
9. P
AUTOMOB
OR RENT
WORKER
EMPLOYE
EXCESS
PROFESS
ENVIRON
Not limited
long-tern e
contamina
BUILDER
INSTALLA
H . IHOME\KEV' NS\GE N\Baseball\R ig htF ield Ramp\CMDesign BUlld2 .doc
Page 11 of 13
C In the event of accidents of any kind, the Construction Manager shall furnish the City
with copies of all reports of such accidents at the same time that the reports are
forwarded to any other interested parties.
II. HOLD HARMLESS
A. Construction Manager agrees to contractually obligate its contractor to indemnify,
save harmless and defend the City of Corpus Christi, Corpus Christi Business
and Job Development Corporation, and their 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 by the sole or concurrent negligence of the City
of Corpus Christi, their agents, servants, or employees or any other person
indemnified hereunder.
B The Construction Manager shall cause its contractor to obtain workers' compensation
insurance coverage through a licensed insurance company or through self-insurance
obtained in accordance with Texas law. If such coverage is obtained through a licensed
insurance company, then the contract for coverage shall be written on a policy and
endorsements approved by the Texas State Board of Insurance.
If such coverage IS provided through self-insurance, then within ten (10) calendar days
after the date the City requests that the Construction Manager's Contractor sign the
contract documents, the Construction Manager shall provide the City with a copy of its
certificate of authority to self-insure its workers' compensation coverage, as well as a
letter, signed by the Consultant, stating that the certificate of authority to self-insure
remains In effect and is not the subject of any revocation proceeding then pending
before the Texas Workers' Compensation Commission. Further, if at any time before
final acceptance of the Work by the City, such certificate of authority to self-insure is
revoked or is made the subject of any proceeding which could result in revocation of the
certificate, then the Consultant shall immediately provide written notice of such facts to
the City, by certified mail, return receipt requested directed to: City of Corpus Christi,
Department of Engineering Services, POBox 9277, Corpus Christi, Texas 78469 _
Attention: Contract Administrator
Whether workers compensation insurance coverage is provided through a licensed
Insurance company or through self-insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
C Builder's Risk Coverage: Consultant will be responsible for providing builder's risk
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 coverage shall be an "All Risk" form.
The policy shall be a completed value form. The Consultant shall provide such builder's
risk coverage at least in the amount of $
DOLLARS) which is estimated to be the
value at completion of the real or personal property to be constructed, repaired or
otherwise improved under the contract.
Consultant shall be responsible for paying all costs necessary to procure such builder's
risk insurance coverage, including any deductible. The City shall be named an
additional insured on any policy providing such insurance coverage.
! II On the certificate of insurance
· The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers' compensation coverage.
· Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording "changed
or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording
after "left" If the cancellation clause is not amended in the ACORD form, then
endorsements shall be submitted.
· The name of the project also needs to be listed under "description of operations".
· At least 10-day written notice of change or cancellation will be required.
IV A. completed Disclosure of Interest must be submitted with your proposal.
Page 13 of 13
H \HOME\KEVI NS\GEN\Baseball\RightFleldRamp\CMDesignBuild2.doc
~ Cily of
.. Corpus
=- :::: Chnsti
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
~
:Itv ot Corpus Chnstl Ordinance 7112, as amended, requires all persons or firms seeking to do business with the City
':0 provide the following Informatlui, Every question must be answered If the question is not applicable, an9wer with
N ;;''', .
FIRM NAME:
STREET
CITY:
ZIP:
FIRM is: 1 Corporation
5 ')tner
2 Partnership_____
3 Sole Owner
4. Association
DISCLOSURE QUESTIONS
,f additional space is necessary, please US8 the reverse side of this page or attach separate sheet.
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.
~,i3rle Job Title and City Department (if known)
2. State the names of each official of the CitX of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the abovq~med firm.
~)ane . Title
3 State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
r:"1118 Board, Commission or Committee
4 State the names of each employee or officer of a consultant for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an ownership interest constituting 3% or
more of the ownership in the above named firm.
~'_,::=in1e
Consultant
CERTIFICATE
certify that all Informatlorl provloed IS true and correct as of the date of this statement, that I have not knowingly
vVlttlheld disciosure of any information requested, and that supplemental statements will be promptly submitted to the
I':;rl\ of Corpus Christl. Texas as changes occur
Certifying Person:
Title:
&p~~.c,.v.".
II~~'
Signature of Certifying Perso,,_
Date: