HomeMy WebLinkAboutC2009-307 - 7/28/2009 - Approved2009-30'~
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S P E C I A L P R a V I S I 0 N S
S P E C I FICA T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
FaR
HERITAGE PARK CULTURAL CENTER
HISTORICAL
PRESERVATION/RENOVATION
PROJECT NO. 3389
DEPARTMENT OF ENGINEERING SERVICES
CXTY of CORPUS CHRISTI, TExAS
Phone: 3611880-3500
Fax: 361/880-3501
r
PRGJECT N4: 3389
DRAWING N0: CF 173
05/26/09
i~~
Project # 3389
Heritage Park Cultural Center Historical PreservationlRenovation
Heritage Park Cultural Center Historical Preservation/Restoration
Project No. 3389
Table of Contents
NOTICE Tfl BIDDERS
NOTICE TD CQNTRACTURS - A
NOTICE TO CONTRACTORS - B
PART A -SPECIAL PROVISIONS
A-1 Time and Place ofReceiving ProposalslPre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 items to be Submitted with Proposal ~ ~
~ R~
A-~ Time of Complet~onlL~qu~dated Damages
' €}Y ~~
~
'
A-7 once Covera e
Workers Compensation Insur g ~
~
'
~
A-8 Faxed Proposals ~
~ ~' '
A-9 da
Acknowledgment of Adders /
~.
A-10 Wage Rates Revised 715100}
`~
A 11 used 715100
Cooperation nth Public Agencies Rev ) ~ ~
~ ~ ~
A-12 Ma~.tenance of Services ~ ~
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking 0512G109
' Not Used)
A-1 ~ DisposaUSalvage of Materials
' Not Used}
A-18 Schedule and Sequence of Construction
A-19 Construction Staking
A-20 Testing and Certification
A-21 Project Signs
A-22 MinoritylNlinorityBusirsess Enterprise Participation Policy Revised 10198}
A-23 Inspection Required Revised 715100}
A-24 Surety Bonds
' NO LONGER APPLICABLE ~d111198}
A-2~ 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
TABLE DF CONTENTS
1 OF 4
Project# 33$9
Heritage Park Cultural Center Historical PreservatianlRenovation
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Fork
A-34 Precedence of Contract Documents
...
Not se }
A-36 Other Submittals Revised 9118100}
Not Used}
A-3 $ 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-$-6: Partial Estimates
n _~ 1-nn~~,~n~r,;~„,~r Not Used}
A-42 GSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless X919$}
A-44 Change Orders ~412~199}
A-45 As-Built Dimensions and Drawings X715100}
of sed}
Not Used}
A-48 Overhead Electrical wires X715100}
A-49 ,Amend "Maintenance Guaranty" ~8124i00}
A-50 Amended Prosecution and Progress
PART B - GENERAL PRGVISI4NS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIGNS
DIVISION 1 - GENERAL REQUIREMENTS
01100 Summary
0120fl Price and Payment Procedures
01300 Administrative Requirements
01500 Temporary Facilities and Controls
O1 d00 Product Requirements
01700 Execution Requirements
DIVISIGN Z - SITE ~VURK
02122 Clearing, Grubbing and Stripping
02520 Concrete Sidewalk
027$2 Brick Pavers
0251 Landscaping
..
DIVISIGN 3 - CGNCRETE
03300 Cast-In-Place Concrete
TABLE OF CGNTENTS
2GF4
Project # 3389
Heritage Park Cultural Center Historical PreservationlRenovation
DIVISION ~ - WQ4D AND PLASTICS
46112 Rough and Finish Carpentry
06150 Wood decking
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07213 Batt Insulation
07214 Foamed-In•Place Insulation
07250 Weather Barriers
07313 VL~ood Shingles and Shakes
07550 Modified Bituminous Membrane Roofing
07420 Sheet Metal Flashing and Trim
07900 Joint Sealers
DIVISION 8 - DOORS AND'LVI"NDQWS
08114 Standard Steel Doors
08340 Overhead Doors
08550 Wood Windows
x$710 Door Hardware
DIVISION 9 - FINISHES
09900 Paints and Coatings
DIVISION l5 - MECHANICAL
15010 Supplementary Greneral Conditions for Mechanical Work
15 800 Heating, Ventilating and Air Conditioning
DIVISION 16 ~ ELECTRICAL
14010 Special Provisions for Electrical Work
16110 Raceways
16111 Conduit and Fittings
16120 Wire and Cable-600 Volts and Under
16131 Junction .and Pull boxes
16134 Outlet Boxes
16141 Wiring Devices
16170 Disconnect Switches
16194 Supporting Devices
16450 Grounding
16472 Load Center Panels
16476 Fuses
16501 Lighting Fixtures
TABLE OF CONTESTS
3 OF 4
Project # 3389
Heritage Park Cultural Center Historical PreservationlRenovation
LIST OF DRA'~INGS
NOTICE
AGREEMENT
PROPOSALIDISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BLIND
TABLE OF CONTENTS
4 OF 4 - -
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
HERITAGE PARS CCrLTVRAL CENTER HISTQRICAL PRESERVATICN/REN4vAT24N; consists of
site improvements including concrete sidewalk removal/replacement, mud jack
existing sidewalks, brick pavers, fences, dumpster pad and screening fence and
a new storage building. The project also includes repairs/restoration to the
Ward-McCampbell House, Grande-Grossman House, French-Galvan House, Littles-
Martin House, Gugenheim House, Sidbury House and Lichtenstein House and various
miscellaneous structures located throughout the facility. Work includes
sitework associated with the new storage building, sidewalk repair/replacement,
brick paver repair/replacement; miscellaneous rough and finish carpentry
including replacement. of wood siding and trim, fiber cement board siding,
weather barrier and Batt insulation, wood shingle roofing, copper gutters and
downspouts, wood and aluminum-clad wood windows, wood shutters, painting, site
electrical work and HvAC replacement, in accordance with the plans,
specifications and contract documents;
will be received at the office of the City Secretary until 2:00 p.m. on
Wednesda , June 24, 2009, and then publicly opened and read. Any bid received
after closing time will be returned unopened.
A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, June 17,~,~.2009 and
will be conducted by the City. The location of the meeting will be the
Department of Engineering Services Main Conference Room, Third Floor, City
Hall, 1201 Leopard Street, Corpus Christi, Tx.
A bid bond in the amount of 5~ of the highest amount bid must accompany each
proposal. Failure to provide the bid bond will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance
and payment bonds for contracts aver $25,000.DD will result in forfeiture of
the 5o bid'bond to the City as liquidated damages. Bidder's plan deposit is
subject to mandatory forfeiture to the City if bidding documents are not
returned to the City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured
from the City Engineer upon a deposit of Fifty and no/l00 Dollars x$50.00} as
rrunw.~ .~
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 ~$1~} which
is a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be done and that such
wage scale is set out in the contract documents obtainable at the office of the
City Engineer and the Contractor shall, pay not less than the wage rates so
shown for each craft or type of "laborer," "workman," or "mechanic "employed on
this project .
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City's opinion, seems most advantageous to
the City and in the best interest of the public.
CITY of CARPUS CHRISTI, TEXA5
/s/ Pete Anaya, P.E.
Director of Engineering Services
/s/ Armando Chapa
City Secretary
Revised 7/5/04
NOTICE TO CONTRACTORS - A
_~
NOTICE TO CONTRACTORS - A
INSURANCFs REQUIREMENTS
Revised March 2009
A Certificate of Insurance indicating proof of Coverage
in the following amounts is required:
TYPE DF INSUR,ANCE MIlV~IlVI[~M INSURANCE C(]VERAGE
30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage
Commercial General Liability including: $2,000,000 COMBINED SINGLE LMT
1. Commercial Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Productsf Completed Operations
Hazard.,.
6. Contractuallnsurance
7. Broad Form Property Damage
S. Independent Contractors
9. Personallnjury
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 EDIT
EMPLOYERS' LIABILITY $500,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LMT
PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LMT
ENVIRONMENTAL IMPAIRMENT COVER.AGE [] REQUIRED
Not limited to sudden & accidental discharge; to include ~ NOT ~ UIRED
Q
long-tern environmental impact for the disposal of
Contaminants
BUILDERS' RISK - See Section B-6-11 and Supplemental Insurance
Requirements
L7 REQUIRED
^ NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance
Requirements
^ REQUIRED
~ NOT REQUIRED
Page 1 of Z
4The City of Carpus Christi must be named as an additional insured on all coverages except worker's
compensation liability coverage.
4The name of the project must be listed under "description of operations" on each certificate of insurance.
4For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy,
signed by the insurer, providing the City with thirty X30) days prior written notice of cancellation of ox material
change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or
coverages which are specified insection B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with yaur proposal.
Should you have any questions regarding insurance requirements, please contact the Contract Administrator at
880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
gage ~ of 11
Texas Administrative Code
TITLE ZS
PART 2
CHAPTER 110
SUBCHAPTER B
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
RULE ~ 110.110 Reporting Requirements far Building ar Construction
Projects for Goverrimentai Entities
~a} The following wards and terms, when used in this rule, shall have the following meanings,
unless the context clearly ind;cates 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-S2, TWCC-S3, or TWCC-84}, showing statutory workers'
compensation insurance coverage for the person's or entity's employees including those subject
to a coverage agreement} providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
~3}Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
~4}Coverage--workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, X401.0 I l X44}.
~5}Coverage agreement--A written agreement on form T~VCC-$1, form TV~CC-S2, form
TWCC-83, or form TWCC-84, fled with the Texas workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 40d, Subchapters F and G, as one of
employerlemployee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services an the project.
~6} Duration of the project--Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
~7}Persons providing services on the project ~"subcontractor" in §406.Og~ of the Act}--With the
exception of persons excluded under subsections ~h} and ~i} of this section, includes all persons
of entities performing all or part of the services the conttactor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a proj ect. "Services" does not
include activities unrelated to the project, such as foodlbeverage vendors, office supply
deliveries, and delivery of portable toilets.
~$}Project--fncludes the provision of all services related to a building or construction contract
for a governmental entity.
fib} 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~lnsurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required caverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
~c} A governmental entity that enters into a building or construction contract on a project shall:
~ l }include in the bid specifications, all the provisions of paragraph ~7} of this subsection, using
the language required by paragraph ~7} of this subsection;
~2} as part of the contract, using the language required by paragraph ~7} of this subsection,
require the contractor to perform as required in subsection ~d} of this section;
(3}obtain from the contractor a certificate of caverage for each person providing services on
the project, prior to that person beginning work on the project;
~4} obtain from the contractor a new certificate of caverage showing extension of coverage:
~A} before the end of the current coverage period, if the contractor's current certif cafe 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 an fife far the duration of the project and for three years
thereafter;
fib} provide a copy of the certificates of caverage to the commission upon request and to any
person entitled to them by law; and
~7}use the language contained in the following Figure l for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Gr~c .
Page 3 of 11
(d) A contractor shill:
~ 1 }provide coverage for its employees providing services on a project, for the duration of the
pro jest 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 certif icate of coverage ends during the duration of the project;
~4} obtain from each person providing services on a prof ect, 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 ofthe project;
~5}retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
~b}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 an 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 3~ point
bald 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
fallowing 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 ail contracts to provide services on the project the language in subsection ~e}~3}
of this section;
Page 4 of 11
~D}provide the contractor, prior to the end of the coverage period, a new certif cote of
coverage showing extension of coverage, if the coverage period shown on the current certifcate
of coverage ends during the duration of the project;
~} obtain from each other person with whom it contracts, and provide to the contractor:
~i} a certificate of coverage, prior to the other person beginning work on the project; and
iii}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 certif cote of coverage ends
during the duration of the project;
~F} retain all required certificates of coverage on file far 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 ar~y person providing services on the project; and
~fI} contractually require each other person with whom it contracts, to perform as required by
subparagraphs ~A}~~~} of this paragraph, with the certif cafe of coverage to be provided to the
person far whom they are providing services.
fie} A person providing services on a project, other than a contractor, shall:
~I}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 fling of any
coverage agreements;
~2} provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
~3}have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all co~ierage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-insurance regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
~4} provide the person for whom it is providing services on the pro j ect, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
~5}obtain from each person providing services on a pro j ect under contract to it, and provide as
required by its contract:
~A} a certif cote of coverage, prior to the other person beginning work on the prof ect; and
~B} prior to the end of the coverage period, a new certif cafe of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends .
during the duration of the project;
Page 5 of 11
~G}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 certif ed 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
~S}contractually require each other person with whom it contracts to:
~A} provide coverage based on proper reporting of classif ication 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 be innin work on the
g g
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
iii} 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 certif cafes 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} ofthis paragraph, with the certificate of coverage to be
provided to the person for whom. they are providing services.
~~} 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 axe
declared to be severable.
fig} 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 a licable for those buildin
PP g
or construction contracts entered into on or after September 1,1994, which are not required by
law to be advertised for bid.
Page 6 of 11
~h~ The coverage requirement in this rule does not apply to motor carriers who axe required
pursuant to Texas Civil Statutes, Article G675c, to register with the Texas Department of '
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article ~675c, §4~}.
~i} The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate off cers who meet the requirements of the Act, §40b.097~c}, and who are explicitly '
excluded from coverage in accordance with the Act, §406.097~a} has added by House Bill 1059,
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,
1994.
Source Note: The provisions of this § 110.110 adopted to be effective September 1,1994,19
TexReg 5715; amended to be effective November x,1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"REQ~IIR.E.D WORKERS' CO~RE.~SAT~IO~ CO~".ERAG~-'
"The law requires that each person workx'ng on this site or providing services related to this
canstructian 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-~40-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage. "
Page S of ~ ~
T28S 110.110(c)(7)
Article .Workers' Compensation Insurance Coverage.
.~. Def nitians:
Certi rate of coverage {"cert~cate')- A copy of a certi rate of insurance, a certi rate of
authority to self insure issued by the commission, or a coverage agreement (T~YCC-$.l, TYYCC'
$Z, TWCC-$3, or TyYCC-84), showing statutory ~varkers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project unfit 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 ,~40b. D96) -includes all persons
ar entities performing alt or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, .motor carriers, owner-operators, employees of
any such entity, ar employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment ar
materials, ar providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such asfood/beverage vendors, off ce supply
deliveries, and delivery of portable toilets.
.~. The contractor shall provide coverage, based on proper reporting of classy rcatian codes and
payroll amounts and f ling of any coverage agreements, which meets the statutory requirements
of Texas labor Cade, Sectian~40~.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 certi rate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shaven on the contractor's current certi rate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certi rate of coverage with the governmental entity showing that coverage has been
extended.
.~. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(I) a certi rate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on~le certi icates of coverage showing coverage for all persons
providing services an the project; and « .
(2) no later than seven days after receipt by the contractor, a new certi rate of coverage
showing extension of coverage, if the coverage period shown an the current certi rate of
coverage ends during the duration of the project.
Page 9 of ~ ~
F. The contractor shall retain all required certificates of coverage for the duration of the project
and far one year thereafter.
G. The contractor shall notify the governmental entity in writing by certif ed mail or personal
delivery, within 1 n days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H The contractor shalt post on each project site a notice, in the text, form and manner
prescribed by the Texas yYorkers' Compensation Commission, informing all persons providing
services an 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 classif cation codes and payroll amounts and
f ring of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.O1I (44) for all of its employees providing services on the project, for the duration of
the pra~ect;
(~) provide to the contractor, prior to that person beginning work on the project, a certi icate 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 certi zcate 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 certif cote of coverage, prior to the other person beginning work an the project; and
(b) a new certi rate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certi zcate of coverage ends during the
duration of the project;
(5) retain all required certi rates of coverage on f le for the duration of the project and for one
year thereafter;
(6) note the governmental entity in writing by certi zed mail or personal delivery, within .l0
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services an the project; and
(7) contractually require each person with wham it contracts, to perform as required by
paragraphs (1) - (7), with the certi rates 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 certi zcate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project wilt be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classi cation
codes and payroll amounts, and that all coverage agreements wilt be f red with the appropriate
insurance carrier or, in the case of a self insured, with the commission's .Division of Self-
Page ~0 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page ~ ~ of ~ ~
PART A
SPECIAL PROVISIONS
HERITAGE PARK CULTDR.AL CENTER
HISTORICAL PRESERVATION/RENOVATION
SECTION A - SPECIAL PROVISIONS
A-1 Time aad Place. of Receivin Pro owls/Pre-Bid Meetin
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, until 2:00 p.m., Wednesda , June 24, 2009. Proposals
mailed should be addressed in the following manner:
City Secretary's off ice
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN. SID PROPOSAL - HERITAGE PARR CIILTURAL CENTER
HISTORICAL PRES$RVATION/RENOVATION
Pro'ect No. 3389
An ro owls not h sicall is ossessa~on of the Cit Secreta 's Office at
the time aad date of bid o eaia will be deemed late aad aonres oasive. Late
ro owls will be returned uno eaed to the ro veer. The ro veer is solel
res oasible for delive to the Cit Secreta 's Office. Dela.ve of an
ro veal, b the ro over, their a ent/re reseatative, U,S. Mail. or other
delive service, to an Cit address of office other than the Cit
Secreta 's office will be deemed aoa-res onsive if aot in ossession of the
Cit Secreta 's Office rior to the date aad time of bxd o eaia .
A pre-bid meeting will be held on Wednesday. Jvae 17, 2009, beginning at
10:00 a.m. The meeting will convene at the Engineering Services Main
Conference Roam, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi,
Tx. and will include a discussion of the project elements. If requested, a
site visit will follow.
No additional or separate visitations will be conducted by the Cit
A-2 Defiaitioas and Abbreviatioas
Section B-1 of the General Provisions will govern.
A-3 Descri tioa of Pro`ect
HERITAGE PARR CULTIIRAL CENTER HISTORICAL PR$SSRVATION/RENOVATION; consists of
site improvements including concrete sidewalk removal/replacement, mud jack
existing sidewalks, brick pavers, fences, dumpster pad and screening fence
and a new storage building. The project also includes repairs/restoration to
the Ward-McCampbell House, Grande-Grossman House, French-Galvan House,
Littles-Martin House, Gugenheim House, Sidbury House and Lichtenstein House
and various miscellaneous structures located throughout the park. Work
includes sitework associated with the new storage building, sidewalk
repair/replacement, brick paver repair/replacement; miscellaneous rough and
finish carpentry including replacement of wood siding and trim, fiber cement
board siding, weather barrier and batt insulation, wood shingle roofing,
copper gutters and downspouts, wood and aluminum-clad wood windows, wood
shutters, painting, site electrical work and HVAC replacement.
Section A - SP
~Revfeed 12J15/04~
Page 1 0~ 23
A-4 Method of Award
The bids will be evaluated based on the the following order of priority,
subject to the availability of funds:
1. Total Base Bid, -or-
2. Total Base Bid PLUS Additive Alternate Bid Item #1
$xplaaatioa of Bid Items:
Base Hid:
Construction of all. items indicated in the Contract Documents, except those
specifically delineated in Additive Alternate Bid Item #1, including all site
work, all improvements/repairs, new wood shingle roofing and flashing,
windows and painting to the Grande-Grossman House, French-Galvan House, Simon
Gugenheim House, Littles-Martin House, Sidbury House and Julius Lichtenstein
House, air conditioning, new storage building, new dumpster enclosure, site
electrical improvements, sidewalks, pavers, fences and gates. All work at the
Ward-McCampbell House except as specifically delineated in Additive Alternate
Bid Item #1. The attic weather barrier ~at the Ward-McCampbell House is
included in the Base Bid.
Additive Alternate Bid Item #1:
Construction of new siding, insulation and weather barrier to the Ward--
McCampbell House including removal of exterior siding and trim, addition of
Batt insulation, addition of new foamed-in-place insulation, addition of new
plywood wall sheathing, addition of new weather barrier, addition of new
fiber cement siding and trim but not including the attic weather barrier
which is to be included in the Base Bid.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
A-5 Items to be Submitted with Pro osal
The following items are required to be submitted with the proposal:
1. 5~ Bid Boad Must reference gerita a Park Cultural Center Historical
Preservation/Renovation, Project No. 3389 as identified in the
Proposaly
{A Cashier's Check, certified check, mosey order or bask draft from nay
State or National Bank will also be acceptable.
2. Disclosure of Interests Statement
3. Submit requirements of A~28, A-29 sad A-3Q with the proposal.
A-6 Time of Completion/Liquidated Damages
The working time far completion of the Project will be 21D calendar days.
The Contractor shall commence work within ten X10} calendar days after
receipt of written notice from the Director of Engineering Services or
designee ("City Engineer"} to proceed.
..
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
..___-.
calendar day will be assessed against the Contractor as liquidated damages.
SeCt~on A - SP
tRevieed 12/15/04)
Page 2 of 23
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services City Engineer} may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
Scheduled Shutdown: The site will be totally vacated by the Contractor and
all construction activities will be suspended from October lZ~~ through
November ls~ for the previously scheduled Texas Jazz Festival and Halloween
events at no additional cost to the Owner.
Noa-scheduled Shutdowns: Smaller weekend events will continue to be scheduled
as they come up. The Contractor will be required to suspend operations only
in the immediate area of the eveatr clean the site erect additional
barricades as necessary or directed to protect the public and secure all
scaffolding. and make all parking lots available for public parking at ao
additional cost to the owner. Coastructioaa may resume is that area the day
after the event.
A-7 Workers Com ensation Insurance Covera e
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 cancel~.ation 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 f rom 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 Pro orals
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 8--2 of the General Provisions.
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
SeC~~.on A - SP
~Revi~ed 12/15/~~~
Page 3 of 23
A-10 Wage Rates Revised 7/5/00}
Labor preference and wage rates for sIIILDIN~. Tr ~~~~i~iT
Minuttum Prevailing Wage Scales
The Coarpus Christi City Cotmcil has detexminsd the general prevailingmLnimum hourly wage
rates for Nueces County, Texas as set out in Part C. The Cantractor and any subcontractor
must x~t pay less than the specified wage rates to all laborers, worl~n, and mechanics
employed by them in the execution of th,e Contract. The Cantractor or subcantractor shall
forfeit sixty dollars ($60.003 per calendar day, or portion thereof, for each laborer,
warl~man, ar ,mechanic employed, if such person is paid less than the specified rates for the
classif icatian of work performed. 'Ihue Contractor and each subcontractor must keep an
accurate record showing the names and classif ications of all laborers, worlm~n, and mechanics
employed by them in connection with the Project ark s1~1g the actual wages paid to each
worker.
'Ibs Contractor will make bi-weekly certified payroll submittals to the City E~igineer . '~
Contractor will also obtain copies of such certified payrolls from all subcontractors and
others warkxng on the Project . These doc~m~ents will also be sukntitted to the City Erxjineer
bi-week~.y. See section for Mir~rity/Mir~rity Business Enterprise Participation ~blicy for
additional requirements concern1 rig the proper forn~ and content of the payroll submittals . }
One and ome-half ~1~~ times the specified hourly wage mast be paid for all hours wr~rked in
excess of 40 hours in any one week and for all hours work,~l on S~]ays or holidays. See
Section B-1-1, Definition of Terms, axid Section B-7-6, Working Hours.}
A-11 eoaperatioea with Public A+g~cies Revised 7/5/00}
'I`he Contractor shall cooperate with all public and private agencies with facilities operating
w2th~n the limits of the Project. The Contractor shall prc~rade a forty-eight X48} hour
notice to any applicable agency when work is anticipated to proceed, in the vicinity of any
facility by using t1~ Dig Tess System 1-800-344-8377, the Lone Star Notificatien Company at
1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Centractor's
convenience, the follow~r~g telephene rnnnbers are listed.
city En~jineer 826-3500
Project Engineer 882-8171
Dykema Architects, Inc. 882--8171
Traffic Engineering 826-3540
Police Department 882-1911
Water Department 826-1880
Wastewater Department 826-1818
Gas Department ~ 885-6900
Storm Water Department 826-1$8l
Parks & Recreation Department 826-3461
Streets & Solid Waste Services 826-1970
A E P 299-4833
AT&T/S B C 8$1-2511
City Street Div. for Traffic
Signal/Fiber Optic Locate 826-1946
Cablevisicn 857-5000
ACSI ~Fa.ber Optic} 887-9200
KMC Fiber Optic} 813-1124
ChC1CeC~CC1 ~F]ber' Opt1C~ $81-5767
CA~CK ~F~ber optic} 512/935-0958
Brooks Faber Optic OMAN} 972-753-4355
(826-3140 after hours}
X826-3140 after hours}
X885-6900 after hQUrS}
X826-3140 after 1~urs}
X693-9444 after Yrnn'S}
~1-800-$24-4424,after h~nlrs}
826-1960
X857-5060 after hours}
w
Pager 800-724-3624}
Pager 888--204-1679}
Pager 850-2981}
Mobile}
Section A - SP
tRev~aed 1a~~~/a4~
Page 4 of 23
A-12 Maiateaaace of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accurac and com leteness
of such information is not ~aranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to~ underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that awns the utilities.
Where existing sewers are encountered and are interfered with ~i.e. broken,
cut, etc., flow must be maintained. Sewage or other liquid. must be handled
by the Contractor either by connection into other sewers or by temporary
pumping~to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access aad Traffic Coatrol
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of public. This may include, but
is not limited to, working driveways in half widths, construction of
temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure .the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A-14 Construction $ i meat S ilia a and Track~.a
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.
Sec~:toA A - SP
~Reviaed l2/I5/04~
Page 5 of 23
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
1 . r •
1 ! 1 1 r r /
r r 1 1
1 ~ 1 1
~ i ,
1
~r-~9 •
r r ~ 1 1 1
/ ~
r 1 . r ~ r
1 1
A-16 Disposal/Salvage of Materf,a,ls,
Excess excavated material, broken asphalt, concrete, brol~en culverts and
other unwanted material becomes the property of the Contractor and must~be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field office NoT USED
A-18 Schedule and Se eace of Coastructioa
The Contractor shall submit to the City Engineer a work plan based only on
r.,~ENnAR~~~ 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 Pre-Construction Meeting
far review.
the City Engineer three ~3} days prior to
an initial Construction Progress Schedule
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.
section A - sP
~Revieed ~.Z/15/~4~
Page 6 of 23
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5. Periodic U date: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
,A-19 Constructioa Project Layout aad Control
u ~~ umim ~in.u rr - mom. iww - - --- ---- .ir
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. .that are normally
required to construct a project of this nature.
1 . i .
1 . .
The Contractor shall furnish all lines, slopes and measurements necessary for
Control of the work.
If, during construction, it is necessar to disturb or destroy a control
point or bench mark, the Contractor shall provide the City or Consultant
Project Engineer 48 hours notice so that alternate control points can be
established by the City or Consultant Project Engineer as necessary, at no
cost to. the Contractor. Control points or bench. marks damaged as a result of
the Contractor's negligence will be restored by the City or Consultant
Project Engineer at the expense of the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and
grade to properly execute the work, the Contractor shall obtain approval of
the City or Consultant Project Engineer prior to deviation. If, in the
opinion of the City or Consultant Project Engineer, the required deviation
would necessitate a revision to the drawings, the Contractor shall provide
supporting 'measurements as required for the City or Consultant Project
Engineer to revise the drawings.
1
1 /
1
1 , , ~
1
1 . ~ i 1 1
1 1 1 1
1 , , 1
..
1 1 1 1
1 1
1 1 1
1
~ . .
1 1
. 1 t f 1
.
. 1 1 . 1
Section A - SP
(Revised ~.~/15/04y
Page 7 of 23
. r
. ~ . ~
~ .
A~ZO Testing and Certificatioa
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
A-Z1 Project Signs
The Contractor must furnish and install 1 Project sign. Details of the sign
required will be issued by addendum. 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-2Z Minorit JMia~arit Business Ente rise Partici atioa Polic (Revised 1D/98~
~.. Po~ licy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person~s~. Minority persons
~~ include Blacks, Mexican-Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority persons) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
Section A - SP
tRevi~ed ].2/15/04
Page 8 0~ 23
1. Owned `
~a} For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
fib} For an enterprise doing business as a partnership, at
least 51.4% of the assets or interest in the
partnership property must be owned by one or more
., minority persons}.
~c} For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be awned by one or more minority
person ~ s } .
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority persons}.
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.D% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
3.
d. Minorit See definition under Minority Business Enterprise.
e. Female owned Business Enter rise: 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 mare
women, or a corporation at least 5~..0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractors
aggregate work force on all construction work for the Caritract
award are as follows:
Sectioa A - SP
tRev~sed 12/~5/0~4y
Page 9 0~ 23
Minority Participatioa Minority Busiaess Baterprise
~Perceat~ Participatioa ~Perceat)
45~ l5~
b. These goals are applicable to all the construction work regardless
of federal participations 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 2aspectioa Required tRevised 7/5/fl0}
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the building is
completed and ready for occupancy. Contractor must obtain the Certificate of
occupancy, when applicable. Section B-6-2 of the General Provisions is hereby
amended in that the Contractor must pay all fees and charges levied by the
City's Building Inspection Department, and all other City fees, including
water/wastewater meter fees and tap fees as required by City.
A-24 Surety Roads
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 X10%~ of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent X10%~ 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
SeCt~on A - SP
~Revi~ed ~2/].5/44y
Page 10 of 23
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 $100,040 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 $140,000 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 F~cem tiaa SNOT IISSD~
. ~ .
.. ,
.
•
A~26 Supplemental Iasuraace Requir~ emea;s
For each insurance coverage provided in accordance with Section B-611 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
ch_ ange to:
SeCtioa A - SP
~Revieed 12/la/0~4~
Page ~1 of 23
].. Name : City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.o. Box 9277
Carpus 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 430} calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty X30} 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 Workers 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, ar employees ar any
person indemnified hereunder.
A-27 Res oasibilit for Dama a Claims
Paragraph 4a} General Liability of Section B-6-11 of the General Provisions
is amended to include:
Contractor must provide Builders Risk insurance coverage for the term
of the Contract up to and including the date the City f finally accepts
the Project or work. Builder's Risk coverage must be an "All Risk" form.
Contractor must pay all costs necessary to procure such Builder's Risk
insurance coverage, including any deductible. The City must be named
additional insured on any policies providing such insurance coverage.
..
A-Z8 Coasideratioas for Contract Award sad Sxecutioa
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, the City Engineer requires all
bidder to provide documentation with the proposal concerning:
5eet~.on A - SP
Revised 12/15/04
Page I2 of 23
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 X90} days prior to the
City Engineer's request, signed and dated by the bidders owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor"s Field .A~ninistration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five ~5} years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
Z. Foremen, if utilized, shall have at least five (5} years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
Sagineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A~30 Ameaded '~Consideratioa of Contract" Requireme„ats
.~~
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
. . .
. ,
Section A ~ SF
(Revised 12/1~/04~
Page 3.3 of 23
Submit 'the following with the Bid Proposal:
1. A list of the major components of the work;
2. A list of the products to be~ncorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE f firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements. above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6. A list of subcontractors that will be working on the Project. This .list may
contain more than one subcontractor for major components of the work if the.
Contractor has not completed his evaluation of which subcontractor will
perform the work .
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted far or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-?-13;
?. A preliminary progress schedule indicating relationships between the
major components of the work, The final progress schedule must be
submitted to the City Engineer at the pre-construction conference;
S. Documentation required pursuant to the Special Provisions A-2S and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
10. within five ~5} days following bid opening, submit is letter form,
information identifying type ~of eatity and state, i.e., Texas (or other
state} Corporation or Partnership, and aame~s} and Titles} of
individuals} authorized to execute contracts oa behalf of said eatity.
Section A SP
tRevieed ~2/15/~~)
Page 14 0~ 23
A-3l Amended Pori on tetra Work aad a Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8--5
Poli on Extra Work and Chan e 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 ~igineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,OD0.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.04 must also
be approved by the City Council.
A-32 Amended "B~crecution of Contract" 'cements
Under "General Provisions and Requirements for Municipal Construction Contracts" 8-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
~,.
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre-Bid Meetia referred to in ecial Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions cif applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 City Water Facilities: S ecial Re irements SNOT US$D}
.,,,~
. 1
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1 1 . ' 1 1
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Section A - SP
(Revised 12/15/04}
Page 15 of 23
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Section A - SP
Revised 12/15/04]
Page 16 of ~3
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Section A - SP
~Revieed 12/15/~4~
Page l7 of 23
A-3~ Other Submittals
1. Sho ~Drawin 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.
.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number~s~, and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field. dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options,. and other data. Supplement
manufacturers' standard data to provide information unique to this
Project .
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space far
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.
3ect~.oa A - SP
(Revfe~ed 12/15/44}
Page 18 of Z3
2. Sam ~les: 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 Re ort
When specified in the Technical Specifications Section, Contractor must
submit three ~3y 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 e ipment will not be__~approved for use
on the project.
A-37 A~aeaded "Arran ezneat and Char a far Water Funaished the Cit " NOT USED
A-38 Worker's Com easatioa Covera a for Hua.ldia or Construction Pra'ects for
Government $atities
The requirements of "Notice to Contractors `B "' are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Final Acceptance
~.-
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision B-8-
9.
A-4D Amendment to Section ~-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
A-41 Ozone Advisor NOT US$D
.
-- .
•
.
A-42 45HA Rules & Regulations
..
It is the responsibility of the Contractors} to adhere to all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs.
Sec~~oa A - SP
Revised X2/15/041
Page 19 of 23
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" a--6-21 Indemnification ~ Hald 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,
aril agents harmless and shall indemnify the City, its aff icials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, ar consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A-44 Change Orders
Should a change orders} be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.. This
breakdown information shall be submitted by cantractor as a basis for the
price of the change order.
A-45 As-built Dimensions and Drawin s (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.
(b7 Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as-built dimensions and locations of all work constructed. As
a minimum, the final drawings shall include the following:
~1} Horizontal and vertical dimensions due to
substitutions/field changes.
~~ 42} Changes in equipment and dimensions due to substitutions.
~3} "Nameplate" data on all installed equipment.
~4} Deletions, additions, and changes to scope of work.
~5} Any other changes made,
A-46 Dis osal of Hi hl Chlorinated water X7/5/00} NOT US$D
.
..
Section A - SP
tRevised 12/15/04]
Page 20 of 23
1 ~ 1 1 1
1 ! •
/ . . 1 f
1 1 1 1
1 1
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A-47 Pre-Construction ~ploratory,,,,,,_I$xcavatxons X7/5/00) NOT USgD
.Ill...p---- --- ~~~I~I_II_._. ---------- --
1 .
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A-48 Overhead $lectriCal Wires ~7/~/00)
Contractor shall comply with all DSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
Aw49 Amended "Maintenance Guarant ~s/24/a0)
Under 'General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guarant 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
Section A - SP
(Revised 12/15/44f
Page 2~ of 23
relinquish any rights or remedies
Christi for any claims or causes of
other individual or entity."
A-54 Amended Prosecution and Progress
~.
available to the City of Corpus
action against the Contractor or any
Under "General Provisions and Requirements for Municipal .Construction
Contracts", B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract. If the Contractor is terminated or
suspended and the City requests remobilization at a later date, the
Contractor may request payment for demobilization/remobilization costs. Such
costs shall be addressed through a change order to the contract."
Sect~.on A - SP
Revised ~2/~5/b4~
Page 22 0~ 23
SUBMITTAL TRANSMITTAL FORM
PROJECT:
OWNBR:
HERITAGE PARR CULTURAL CENTER BISTORICAL PRSSSR~TATION/RSNOVATIQN;
PROJ$CT No. 3389
CITY 4F CORPUS CHRISTI
SNGIN'SSR
coNTRAcTOR
SUBMITTAL DATE: SUBMITTAL NUMBER:
APPLICABLE SPECIFICATION
OR DRAWING SUBM=TTAL
Section A - SP
~Reviaed Z2/15/~4~
Page 23 of 23
AGREEMENT
TSE STATE OF TF3~A-S §
CO[~NTY OF NUECES §
THIS AGREEMENT is entered into this 28TH day of JULY, 2009, by
and between the CITY OF CORPUS CHRISTI of the County of Nueces,
State of Texas, acting through its duly authorized City Manager,
termed in the Contract Documents as "City," and KJM Commercial
Inc. termed in the Contract Documents as "Contractor," upon these
terms, performable in Nueces County, Texas:
In consideration of the payment of $957 500.00 by City and
other obli ations of City as set out herein, Contractor will
g
construct and complete certain improvements described as follows:
HERITAGE PARK CULTt~RAL CENTER
HISTORICAL PRESERVATION/RENOVATION
PROJECT N0. 3389
TOTAL BASE BID + ADD.ALT.: $957,500.00
accordin to the attached Plans and Specifications in a good and
g
workmanlike manner for the prices and conditions set out in their
attached bid ro osal supplying at their expense such materials,
P p
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, laps and specifications, including all maps, plats,
P
blue rints and other drawings, the Performance and Payment bonds,
p -
addenda and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 o f 2
P R O P O S A L
Place : City Secretarys Office
Date: ~~1/09
Proposal of KJM Commercial Inc. -
a Co oration or anized and existing under the laws of the
~ ~
State of Texas .
OR
a Partnership or Individual doing business as
T4: The City of Corpus Christi. Texas
Gentlemen:
The undersi ned hereby proposes to furnish all labor and
9
' tools and necessary equipment, and to perform the work
materials, -
required for:
HSRITAaB P~ CULTIIRAL C818TBR
IiISTORICAL PR888RVATON/RENOVATION
Project No. 3389
ations set out b the plans and specifications and in strict
at the loc Y
ce with the contract documents for the following prices, to-wit:
accordan
~~
MASS BID ~Lu~p Sump
ADDITIVE ALTBRNATB NO.l(Lump Sum)
BASE SID + ADDITIVE ALTERNATE
s ~10U .000
s S`l,~c~ , a0
s q~-~,. ~ oo a~
PR4FOSAL FORM
PACT 2 4F 5
The Contractor will commence work within ten X14} calendar
da s from date they receive written work order and will complete
y
same within X14 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
Cit will pay Contractor in current funds for performance of
Y
the contract in accordance with the Contract Documents as the work
progresses.
Si ned in 4 parts at Corpus Christi, Texas on the date shown
g
above.
ATTES •
City Secretary
CITY OF CORPUS CRRISTI
By:
Qscar Martinez, Asst. City Mgr.
of Public Works and Utilities
APPROVED AS TO LE ~'O~:
,~
By:
Asst. City Attorney
ATTEST: ~If Corporation}
Seal Below}
By'
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
KJM Q'o~~rci~l ~ Inc .
By YA~cfv
Title:
Note: If Person signing for I
corporation is not President, 1814 Holl Road
attach capy of suthori:anon ~ Addre s s }
to si } Co us Christi T~ 78417
9A
City} State} ZIP}
361/991-56~~ * 361/991-5616
Phone} Fax}
,~. .
,,.
~ ~ ~ ~~
a AUTN~R~
,~ ~ ~ ~ ~~
~ ~at~~r~~ ..~...~
~,
A r e eme nt SEGR~TaRY
9
Page 2 of 2
Commercial Construction
K.J.M. Commercial, Inc.
August I0, 2009
To Thom It May Concern;
This letter is to notify you that Christopher B. Hamilton is the Vice President of KJM
Commercial, Inc. and has full authorization to sign any and all documents on behalf
of KJM Commercial, Inc.
Sincerely,
KJM Commercial, Inc. r~~.....F,.....~...
...w~~
.~~
~~
~~
Kenneth J. Mantor -President
1814 Holly Road • Corpus Christi, TX 78417
Phone 361-991-5600 • Fax 361-991-5616
j ,.4
l
I
~_;
r.
./ C .
pRQPQSAL FORM
F 0 R
.,
1
l
1
HERITAGE PARK CULT[TRAL CENTER
HISTORICAL PRESERVATON/RENOVATION
Project No. 3359
DEPARTMENT OF ENGTNEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
~-.
PROPOSIL FORM
PAGE 1 4F 5
PR,QPOSAL
Place : City Secretarys Qf f ice
Date: x/1/09
Proposal of KJM Commercial Inc .
a Corporation organized and existing under the laws of the
State of Texas .
oR
a Partnership or Individual doing business as
T0: The City of Corpus Christi, TexaB
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for
HBRITAaB PARK CIILTURAL C8NT8R
HISTORICAL PRBS$RVATON/RENOVATION
Project No. 3389
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-wit:
~~
BAS$ SID Lump Sump
ADDITIVB ALT$RNATB No.1~Lump Sump
BASS BID + ADDITIVB ALT$RNATB
s ~10U .OUO
s S'l , ~e~'~ , a~
s q S~l ~ S OO ,~~
PRDP~SAL FORM
PAGT 2 4F 5
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
X14} calendar days execute the formal contract and will deliver a
Performance Bond has required} for the faithful performance of this
contract and a Payment Bond has 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
bands will be prepared in not less than four counterpart original
signedy sets.
Tune of Completion: The undersigned agrees to complete the
work within. 210 calendar days from the date designated by a V~ork
order. -
The undersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all
materials and do everything required to carry out the above mentioned
work covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Receipt of the following addenda is acknowledged addenda
number }
~aE~~L -• IF BIDDER IS
,~ corporation}
NOTE: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Respectfully submitted:
Name : Ken Mantvr
B ~~~" . .
Y
SIGN y
Address : 1814 Holly Rd. ,
Telephone:
~P.o. Box} Street}
Cor us Christi, TX 78417
City} State}~ Zip}
3b1-9~1-5bDfl ~•
Revised August 2000)
PROPOSAL FORS
PAGE 3 OF 5
PAYMENT BAND
Bond ~~TxIFSU 4462734
STATE OF TEXAS §
COUNTY aF NUECES §
KNOW ALL HY THESE PRESENTS:
THAT KJM Co~maercial Inc, of NUECES County, Texas,
hereinafter called "Principal", and International Fidelity Insurance Company ~
a corporation organized under the laws of the State of New Jersey ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
cor orations supplying labor and materials in prosecution of the
p
work referred to in the attached contract, in the penal sum of NINE
HUNDRED FIFTY-SEVZN THOUSAND FIVE HUNDRED AND Na/100~$957,5~0.D0~
DOLLARS, lawful money of the United States, to be paid in Nueces
Count , Texas, for the payment of which sum well and truly to be
Y
made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
THE CaNDITION OF THIS aBLIGATION IS SUCH THAT: Whereas, the
rinci al entered into a certain contract with the City of Corpus
p p
Christi, dated the 28TH day JULY , 20 ~9 a copy of which is
hereto attached and made a part hereof, for the construction of:
S~RITAGE PARK CULTTJRAL Cffi~iTER
HISTORICAL PRE38RVATION/RENOVATION
PROJECT NO. 3389
(TOTAL H~ASE BID + ADD.ALT.: $957,500.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, f firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for. in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby st~.pulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
s ecifications, drawings, etc., accompanying the same shall in
p
an wise affect its obligation on this bond, and it does hereby
Y
waive notice of any such change, extension of time, alteration ar
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the stn
day o f August 2 0 09 .
PRINCIPAL
KJM Commercial ~ Inc.
B~/ l.~.d
~~ ~ }
c~5 ~ ~ ~ ~
Print Name & Title
ATTEST
~~
0 ~~
Print Name & Title
SL1I~ETY , ,
International Fidelity Insurance Company
,~ ~ .:~ a,
~.~
~~ •.
`t 3. 1114 LYQ1IlG f
The Resident Agent of t.~e Surety in I~`neces Coin Texas, for
delsvery of notice and s~svice of process is :
~~~; WM. Rigg Co.
Contact Person: Lawrence L. Rhodes
Address: 711 N Caranchua ~~514
Cor us Christi, TK 75475
Phone Number: 361813--2996
~N4TE: Date of Payment Bond must not be prior to date of contract) Revised 3/08}
Payment Bond
Page 2 of 2
PERFORMANCE BOND
Bond ~~TXIFSl7 0462134
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT KJM Comm~ercial,Inc. of NUECES County, Texas,
hereinafter called "Principal", and International Fidelity Insurance Company a
corporation organized under the laws of the State of New Jersey ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
Gity of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of NINE HUNDRED
FIFTY-SEVEN THOUSAND FIVE HUNDRED AND NO/1Q0 x$95? 5D0.44~ DOLLARS,
lawful money of the United States, to be paid in Nueces County,
Texas, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the ~BTH of JULY 2Q a9 a copy of which is
hereto attached and made a part hereof, for the construction of:
HERITAGE PARK CULTURAL CENTER
HISTOR=CAL PRESERVATION/RENOVATION
PROJECT N0. 3389
TOTAL BASE BID + ADD.ALT.: $957,54Q.Q0~
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/ar replace all defects due to faulty
materials and/or workmanship that appear within a period of one ~1}
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FCRTHER, that if any legal action be filed on this
band, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Pagelof2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies
each one of which shall be deemed an original, this the stn
day of august 2 0 09
PRINCIPAL
Commercial, Inc.
By,
(Prink Name ~ Titled
ATTEST
4
~~~
(Print Name & Title)
scr~TY
International Fidelity Insurance Company
Print Name? ~~'
The Resident Argesst of the Surety in Nuece Count Texas, for
de~i~rery of notice and service of process is ;
~~
Contact Pereoa:
AddreBS:
Phone Nupmber:
WM. Rigg Co.
Lawrence L. Rhodes
711 N Caranchua 51
Corpus Christi, TX 7 7
3b1-813-299b
(NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/~8)
Performance Bond
Page 2 of 2
Tel (873)624 7200 ~h,
V
TNTERI~A'1'~()N~?
... .. ..,
tN~Y
f ~URP~1~iC~+
COIVIPANY
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call International Fidelity Insurance
Company's toll-free telephone number for information
or to make a complaint at:
1-800.333.4167
You may also write to International Fidelity Insurance
Company at:
Attn; Claims Department
Une Newark Center, 20th Floor
Newark, NJ 07102
You may contact the Texas Department of Insurance
to obtain information on companies, coverages, rights
or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. 0. Box 149104
Austin, T~ 78714-9104
Fax: (512} 475-1771
VVeb: htt :1lww~v.tdi,state.tx.us
E-mail: ConsumerProtection ~ tdi.state.tx.us
PREMIUM 0R CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should contact the (agent}
(company} (agent or the company) first. If the dispute
is not resolved, you may contact the Texas Department
of Insurance.
ATTACH THIS NHTICE TO YOUR BGND;
This notice is for information only and does not
become a part or condition of the attached document.
AVISU IMPURTANTE
Para obtener information o pars someter una que~a:
Usted puede llamar al numero de telefono gratis de
International Fidelity Insurance Company's Para
information o para someter una queja al:
1-800-333-4167
Usted tambien puede escribir a International Fidelity
Insurance Company:
Attn: Claims Department
Une Newark Center, 20th Floor
Newark, NJ 07102
Puede comunicarse con el Departamento de Seguros de
Texas para obtener information acerca de companias,
coberturas, derechos o quejas al:
1-800.252-3439
Puede escribir al Departamento de Seguros de Texas:
P. 0, Box 149104
Austin, T~ 78714-9104
Fax: (512) 475-1771
VVeb: htt :!l~rww.tdi.state.tx.us
E-mail: ConsumerProtectian ~ tdi.state,tx,us
DISPUTES SOBRE PRIMAS U RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el (agente} (la
compania} (agente o la companea} primero. Si no se
resuelve la disputa, puede entonces comunicarse can el
departamento (TDI}.
UNA ESTE AVISD A SU FIANZA DE GARANTIA:
Este aviso es solo para proposito de information y no
se convierte en parte o condition del documento
adjunto.
.•"
~'f
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 11112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRM NAME KJM Commercial, Inc.
STREET; 1814 Holl Rd, ~ CITY: Corpus Christi Tx ZIP: 78417
FIRM is: 1. Corporation K 2. Partnership 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1, S#ate 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 cif known
1. 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
3, State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3°/° or more of the ownership in the above named "firm".
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3°/° or more of
the ownership in the above named "firm".
Name Consultant
~~~
CERTIFICATE
l certify that all information provided is true and correct as of the date of this statement, that 1 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: Kenn Mantor Title: President
Type or Print
.~
!~~ -~
Signature of Certifying Person: ~ ~ ~ Date: 711 /D9
PROPOSAL FORM
PAGE 4 OF 5
DEFINITIONS
a. "Board Member». A member of any beard, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "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.
c. "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.
d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and D~v~sion Heads and Municipal Court Judges of the City of Corpus Christ, Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest ~s held through an agent, trust, estate or holding entity, "Constructively held" refers to holding or control
established through voting trusts, proxies or special terms of venture or partnership agreements.
f. "Consultant". Any person or f rm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
PROPOSAL FORM
PAGE 5 OF 5