HomeMy WebLinkAboutC2012-338 - 10/23/2012 - Approved2012 -338
10/23/12
M2012 -188
Rarcom Commercial Inc.
SPECIAL PROVISIONS
GENERAL PROVISIONS
AND
ATTACHMENTS
FOR
JOB ORDER CONTRACT
MASTER AGREEMENT
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION
OF FACILITIES
BARCOM COMMERCIAL, INC.
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361- 826 -3560
Fax: 3.6.1-826-.3501
RFP No. 2092-02
JOB ORDER CONTRACT MASTER AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this the day of
_ . 2012, by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal
corporation located in the County of Nueces, State of Texas, acting through its duly
authorized City Manager or designee, termed in the Contract Documents as "City," and
_Barcom Commercial. Inc. a Corporation termed in the Contract Documents as
"Contractor," upon these terms, performable in Nueces County, Texas:
WHEREAS, the City's Department of Engineering Services issued a Request For
Proposals (RFP) No. 2012 -02 — Agreement for Job Order Contracting (JOC), for the
Minor Construction, Repair, Rehabilitation, and Alteration of Facilities (the "RFP ") to
provide Job Order Contracting Services on an on -call or as- needed basis, through
individually priced job orders or job order contracts (Job Orders or JOCs) for the
maintenance, repair, alteration, renovation, remediation, or construction of facilities; and
WHEREAS, Contractor submitted a proposal in response to the RFP (the "Proposal ")
and was selected for recommendation for award; and
WHEREAS, the Corpus Christi City Council authorized award f this JOC Master
Agreement (the "Agreement ") to Contractor on 2,5 Ad day of Oc -7 R, , 2012; and
WHEREAS, the parties desire to enter into a Job Order Contract Master Agreement to
set the terms and conditions the parties must follow,
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Terms..
a. Agreement. This Agreement consists of the Contract Documents, the
RFP No. 2012 -02, Contractor's Proposal submitted in response to RFP No.
2012 -02, and this Job Order Contract Master Agreement, including all
attachments and exhibits (collectively, the "Agreement "), which provides terms
and conditions with which the parties agree to comply for any "Job Order Task"
or ".fob Order Contract" (JOC) executed between the parties under the
Department of Engineering's JOC Program.
b. Job Order Contract Master Agreement/ (the "JOC Master Agreement" or
the "Agreement') refers to this Agreement, a competitively awarded master
agreement with an undefined Statement of Work (SOW). The work is of an
indefinite quantity and a recurring nature, delivered on an on -call or as needed
basis, through individually priced job orders or job order contracts (JOC). The
JOC Master Agreement may support a broad assortment of facilities construction
Page i of 12
Rev" Jun -2010
work. In this Agreement, the JOC Master Agreement may also be referred to as
the Agreement for Job Order Contracting, the JOC Agreement, or the
Agreement.
C. Job Order or Job Order Contract (JOC) as referred to in this Agreement is
an individually priced job or task order, based on the Contractor's previously
proposed coefficient(s) and a definitive SOW. Individual job orders are firm fixed
price upon issuance. The term "job order" or "job order contract" refers to an
individually priced job order based on pre - established unit prices applied to
estimated quantities for a fixed lump sum price or a unit price order based on the
quantities and line items delivered. In this Agreement, Job Order Contract (JOC)
may also be referred to as Job Order, Job Order Task, or Task Order.
d. Contract Documents. The Contract Documents for each JOC will include
this Agreement, the bid proposal and instructions, the General and Special
Provisions and Requirements for Municipal Construction Contracts of the City of
Corpus Christi, plans and specifications, including all maps, plats, blueprints, and
other drawings, any Performance and Payment bonds, addenda, the Contractor's
Proposal to RFP No. 2012 -02, the JOC Master Agreement, and related
documents which shall be made a part of each JOC, all of which will constitute
the contract for each project or JOC.
2. General Scope of JOC.
a. The City has awarded or will award one or more JOC Master Agreements
or JOC Agreements. The type of work to be supported is for the maintenance,
repair, alteration, renovation, remediation, or construction of facilities. The work
is of a recurring nature but the delivery times are quantities are indefinite.
b. JOCs apply to facilities work. The JOC Master Agreement and any
individual JOC applies only to a facility that is a building, or a structure or land,
whether improved or unimproved, that is associated with a building. The JOC
does not apply to a highway, road, street, bridge, utility, wharf, dock, airport
runway or taxiway, drainage, or related type of project associated with civil
engineering construction. The City currently owns approximately 1200 properties
that require a variety of minor construction, repair, rehabilitation, or alteration
services, including but not limited to services for construction in three (3) areas:
general mechanical /electrical /plumbing (MEP); and roofing.
C. Minor construction may include new office construction (as well as
demolition) to completing a new floor plan, etc.
d. Repair is defined as work that involves the reparation of a broken system,
component, or sub - component of a building such as doors, electrical outlets,
plumbing, flooring, sheetrock, and/or air conditioning systems, etc.
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Rev. Jun -2010
e. Rehabilitation is defined as work that involves the restoration of an office,
floor, system or component of a system in order to restore functionality. Alteration
is defined as work that involves extending a wall, upgrading lighting fixtures,
installing a door where one did not exist, replacing flooring, etc.
I Scope and Duty of Contractor.
a. For each JOC, the Contractor shall construct and complete the
improvements according to the Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in the Contractor's bid
proposal and as provided under the JOC.
b. Contractor shall supply at its expense such materials, services, labor and
insurance as required by the Contract Documents, including overseeing the
entire job.
C. Contractor shall be responsible for providing all labor, material, tools,
instruments, supplies, equipment, transportation, mobilization, insurance,
subcontracts, bonds, supervision, management, reports, incidentals, and quality
control necessary to complete work for the minor construction, repair,
rehabilitation and alteration of city facilities.
4. Time Limit for Bid Proposals Requested. There will be limited time from the time
the City first contacts the Contractor and "assigns" the project to the time the City
issues an authorization to begin work. The Contractor shall submit its Proposal
as soon as possible, but not later than ten (10) calendar days after the City's
request for that the Contractor investigate, plan, and submit an estimate and
schedule (a proposal) for a given job order. Failure to comply with the Time Limit
for Bid Proposals Requested is a breach of contract, under both this Agreement
and under each JOC executed pursuant to the this Agreement.
b. Contractual unit prices. The City establishes contractual unit prices for job order
contracts by specifying the R.S. Means Cost Data Books and certain applicable
divisions or line items listed and more fully described in Section III.A of the RFP.
6. Coefficients or multipliers. The Contractor's proposed two (2) coefficients or
multipliers are to be applied to the price book or prepriced work items as the
price proposal. Coefficients or multipliers are more fully described in Section III.A
of the RFP.
7. Compensation to Contractor. City shall pay Contractor in current funds for
performance of each Job Order Contract in accordance with both this Agreement
and the JOC, as the work progresses.
8. Maximum aggregate price. The maximum aggregate price for work over any one
year of this Agreement's term is two million dollars.
Page 3 of 12
Rev. Jun -2010
9. No guaranteed minimum. This JOC Master Agreement provides for no
guaranteed minimum amount of job orders, no amount of work, and no dollar
amount.
Term. The Term of this Agreement is for a base term of two (2) years with the
option to renew annually on an administrative basis for not more than three (3)
additional years. The City Manager or designee (Director of Engineering
Services) shall have the option to renew the agreement annually for not more
than three additional years. The option to renew will be exercised
administratively.
10. Performance and payment bonds required. The Contractor shall provide
performance and payment bonds (1) if required by law, based on the amount or
estimated amount of any job order; or (2) if otherwise required by the City
regardless of the estimated amount of a job order. At a minimum, the JOC
Contractor will be required to provide a payment bond on all job orders that
exceed $25,000 and a performance bond on all job orders that exceed $100,000.
11. JOC Specific Requirements.
a. With the exception of emergencies, any work required by the City shall be
ordered through the issuance of a formal written Job Order Contract or JOC
containing the approved Job Order Proposal along with a City Issued Purchase
Order.
b. Job Order Proposals are to be submitted to the City at no additional cost.
The RFP resulted in multiple awards for multiple JOC Agreements, and the City
may elect, at its own discretion, to solicit JOC Proposals from one or more of the
awarded JOC Contractors depending upon the estimated value and/or
complexity of the proposed project. Determination to solicit multiple proposals or
from only one awarded JOC Contractor shall be on a case by case basis, as
deemed in the best interest of the City.
C. Upon review of the Job Order Proposal(s), the City shall have the right to
reject all proposals, cancel a proposed project or elect to perform work utilizing
city personnel. The City shall not be responsible for payment or costs incurred by
the awarded contractors for the preparation and submission of a Job Order
Proposal regardless of project outcome.
d. In the event that design services, construction drawings and/or plans are
required, the City shall obtain these services from city resources or from a third -
party consultant. The Contractor will not be permitted to contract with or hire
consultants.
e. The Unit Price Book(s) shall serve as a basis for establishing the value of
work to be performed. The Contractor's Job Order Proposal shall be submitted to
the City as negotiated under this JOC Master Agreement, as submitted in
accordance with the Contractor's Proposal, Exhibit E.
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Rev. Jun -2010
92. Scheduling of Work
a. The first day of performance shall be the effective date specified in the Job
Order Contract. Any preliminary work started, materials ordered or purchased
prior to receipt of the City's Purchase order shall be at the Contractor's risk and
expense.
b. The Contractor shall meticulously prosecute the Work to completion with
the time set forth in the Job Order.
C. The period of performance shall include allowance for mobilization,
holidays, weekend days; inclement weather; cleanup and project acceptance
procedures.
d. When the Contractor considers the Work to be complete and ready for its
intended use, the Contractor shall notify the Director of Engineering Services or
designee. The City shall inspect the Work to determine the status for completion.
The contractor shall proceed promptly to complete or correct items listed.
e. Contractor shall endure that the purchase, delivery and storage of
materials and equipment shall be made without interference to the City
operations and personnel.
f. The Contractor shall be responsible for removing furniture and/or portable
office equipment from the immediate work area as well as replacing to its original
location upon work completion. In the event that said items cannot be replaced
within its original location, the City shall designate alternate locations(s) for
placement.
g. The Contractor shall take all necessary precautions to ensure that no
damage shall result from operations to private of public property. All damages
must be repaired or replaced by the Contractor at no additional cost to the City.
The Contractor shall also be responsible for providing all necessary traffic
control, to include but not limited to street blockages, traffic cones, flagmen, etc.,
as required for each Job Order. Proposed traffic control methods must be
submitted to the City for approval prior to the commencement of work.
h. The Contractor shall be responsible for obtaining all required permits
applicable to performance under any single order placed against this contract.
The City shall be responsible for the cost of any and all City permits.
i. The Contractor shall allow authorized City personnel to inspect and audit
any books, documents, papers, data and records relating to performance
throughout the term of said JOC Agreement. The City reserves the right to audit
and /or examine such records at any time during the progress of this Agreement
and shall withhold payment if such documentation is found by the City to be
incomplete or erroneous.
Page 5 of 12
Rev. Jun -2010
13. Contractor's Project General Manager. The Contractor's Project General
Manager shall be knowledgeable in multiple disciplines including electrical,
mechanical, HVAC, paving, landscaping, painting, roofing and plumbing.
14. Safety Plan. The Contractor may be required to submit to the City for approval, a
Safety Plan within fifteen (15) calendar days after Award of Agreement. Said plan
must address all aspects of the Contractor's safety procedures including
responsibility for OSHA compliance, drug testing, trend analysis, corrective
action and interface with City inspectors.
15. Warranty of Construction. The Contractor shall warrant that work performed
conforms to the Job Order requirements and is free of any defect in equipment,
material or design furnished, or workmanship performed by the contractor of any
of its subcontractors or suppliers at any tier. All work provided by the Contractor
shall be warranted for a minimum period of one (1) year from the date of final
acceptance of the Work. Equipment warranties shall be as required under the
Statement of Work.
16. Training. Upon execution of this Agreement, the Contractor shall make
arrangements and provisions to conduct a minimum of two (2) training classes
for City staff to include but not limited to the JOC Process, explanation and use of
the specific R.S. Means Cost Data Book, Cost Index, and the Unit Price Book, at
no additional cost to the City.
17. "Green Building" Program." In an effort to conserve resources as well as
preserve our environment, the City is in the process of developing a program to
support a "Green Building" policy for all new city -owned and funded facilities. A
"green building ", also known as a high performance building, shall include a
structure or facility that is designed, build, renovated, and operated in a resource -
efficient and healthful manner. Green buildings are designed to meet certain
objectives such as: conserve energy and water, use renewable, recyclable or
reclaimed materials, protect occupant health, optimize use of local and regional
resources, and reduce the overall impact of that new structure to the
environment. The program initiatives for a "Green Building" policy may include
the following:
a. All new buildings and major renovations constructed by the City of Corpus
Christi or its contractors and funded directly by the City of Corpus Christi shall be
designed and constructed with economical and technically feasible green
building components.
b. The City of Corpus Christi shall focus this green building policy in an effort
to meet the requirements of the Texas Emissions Reduction Plan, specifically
Chapter 388. Section 388.005 of the Texas Health and Safety Code, which
states that certain political subdivisions should: (a) implement all cost effective
"energy efficiency measures" in order to reduce electric consumption by the
existing facilities, (b) establish a goal to reduce electric consumption by its
facilities of five (5 %) percent each year for five years, and (c) annually report to
Page 6of12
Rev. Jun -2010
State Energy Conservation Office (SEGO) its efforts and progress in reduction of
electricity.
C, City staff will develop a green building program for the city facilities
targeted in this policy. This green building program will describe the standards of
the green building components, including standards for energy efficiency, renew-
able materials, water conservation, air flow, and site location. This program shall
also describe the target buildings, exemptions, and methods to achieve the goals
of this policy. The development of this plan will include an evaluation of the AIA
"2020 Challenge," the U.S. Green Building Council's Leadership in Energy and
Environmental Design (LEED), and the Environmental Protection Agency's
Energy Star Program. Feasible components of these programs will be
incorporated into this plan. A review of the accomplishments made under this
plan shall be reported to City Council annually.
d. All maintenance practices performed by the City of Corpus Christi shall
incorporate energy efficiency and green building practices, as reasonably
possible.
18. Worker's Compensation Coverage. Texas law requires that contractors,
subcontractors and others must be covered under Worker's Compensation
insurance, authorized self- insurance or a worker's compensation coverage
agreement. Throughout this Agreement such coverage must be provided.
Contractor shall comply with the Insurance Requirements for Worker's
Compensation Coverage as described and shown in the Notice to Contractors
Attachment J.
19. Insurance. Contractor shall comply with the Insurance Requirements as
described and shown in Attachment F.
20. Indemnification. Contractor shall fully indemnify and save
harmless the City of Corpus Christi, its officers, agents and
employees, as required in Attachment G.
21. Independent Contractor. Contractor, it and all persons designated by it to provide
services in connection with this Agreement or any JOC executed pursuant to this
Agreement is, (are) and shall be deemed to be independent contractor(s),
responsible for its (their) respective acts or omissions, and that City shall in no
way be responsible for Contractor's actions, and that none of the parties hereto
will have authority to bind the others or to hold out to third parties, that is has
such authority.
22. Governing Law and Venue. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Texas, and venue of any litigation
hereunder shall be in a court of competent jurisdiction sitting in Nueces County,
Texas.
Page 7 of 12
Rev. Jun -2016
23. Survivability. The unenforceability, invalidity or illegality of any provisions of this
Agreement shall not render the other provisions unenforceable, invalid or illegal,
but the parties shall negotiate as to the effect of said unenforceability, invalidity or
illegality on the rights and obligations of the parties.
24. Captions. The captions, titles and headings in this Agreement are merely for the
convenience of the parties and shall neither limit nor amplify the provisions of the
Agreement itself.
25. Notices to be given by either party to the other relative to this Agreement shall be
in writing. Both parties agree that any such notice shall be effective when
personally delivered or deposited, postage paid, in the U.S. Mail addressed by
certified mail, return receipt request, as follows:
CITY
for legal notices send to:
City of Corpus Christi
Veronica Ocanas, Assistant City Attorney
City Attorney's Office
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Tel: 361- 826 -3375
Fax: 361- 826 -3239
for . any questions regarding the administration and management
of this agreement send to:
Graziella Mesa
Project Manager
Department of Engineering Services
1201 Leopard St.
Corpus Christi, TX 78401
Tel: 361 - 826 -3550
Fax: 361 - 826 - 3501
Email: graziellam @cctexas.com
CONTRACTOR
Name: !C4 , n e
Title: 7 i c .S o rI
Address: _ , pct r „ La Ni r_
Tel: '� 67 i- 3e ,-5i- I()()U
Fax: _I t0I - &J1- l D
Page 8 of 12
Re Jun -2010
26. TABLE RE DIVISION 01
DIVISION 01
01 1131 Professional Consultants
01 11 31.10
ONLY ALLOWABLE AS REQUIRED BY
01 1131-30
STATEMENT OF WORK IF PERMITTED
BY LAW
01 11 31.20
01 11 31.50
NOT AUTHORIZED
01 11 31.75
02 21 16 CONTINGENCY ALLOWANCE
01 21 16.50
NOT AUTHORIZED
01 21 55 JOB CONDITION ALLOWANCE
01 21 55.50
NOT AUTHORIZED
0221 57 OVERTIME ALLOWANCE
01 21 57.50
ONLY ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 21 61 COST INDEX
01 21 61.10
AVERAGE
01 21 61.30
01 21 61.50
012163 TAXES
01 2163.10
SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
01 31 13 PROJECT COORDINATION
01 31 13.20
SHALL BE INCLUDED WITHIN
01 31.13.30
CONTRACTORS COEFFICIENT
01 31.13.40
01 31 13.60
01 31 13.80
01 31 13.50
NO AUTHORIZATION
01 31 13.90
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 32 13 SCHEDULING OF WORK
01 32 13.50
SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
01 3233 PHOTOGRAPHIC DOCUMENTATION
01 3233.50
ROUTINE DOCUMENTATION FOR
CONTRACTORS RECORDS, SHALL BE
INCLUDED WITHIN CONTRACTORS
COEFFICIENT
014126 PERMITS
014126-50
ITEM 0020 WILL BE AUTHORIZED AS
REQUIRED BY STATEMENT OF WORK
Page 9 of 12
Rev. Jun -2010
01 45 23 TESTING AND INSPECTING SERVICES
01 45 23.50
ROUTINE TEST FOR CONTRACTORS
RECORDS AND DOCUMENTATION
SHALL BE WITHIN CONTRACTORS
COEFFICIENT. ADDITIONAL TESTING
REQUIRED BY THE CITY WILL BE BY A
SEPARATE CITY CONTRACT
016113 TEMPORARY UTILITIES
01 51 13.80
ALLOWAB LE AS REQUIRED BY
STATEMENT OF WORK
01 52 13 FIELD OFFICES AND SHEDS
01 51 13.20
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 51 13.40
NOT AUTHORIZED
01 54 09 PROTECTIVE EQUIPMENT
01 5423.60
ALLOWABLE AS REQUIRED BY
01 5423.70
STATEMENT OF WORK
01 5423.75
01 5423.80
01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS
01 5423.60
ALLOWABLE AS REQUIRED BY
01 5423.70
STATEMENT OF WORK
01 5423.75
01 5423.80
01 54 26 TEMPORARY SWING STAGING
01 5426.50
ALLOWABLE AS REQUIREp BY
F
STATEMENT OF WORK
01 54 36 EQUIPMENT MOBILIZATION
01 54 36.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
016439 CONSTRUCTION EQUIPMENT
L 01 54 39.70
SHALL BE INCLUDED WITHIN
CONTRACTORS COEFFICIENT
01 55 23 TEMPORARY ROADS
01 55 23.50
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
015613 TEMPORARY AIR BARRIERS
01 56 13.60
T ALLOWABLE AS REQUIRED BY
01 56 13.90
1 STATEMENT OF WORK
01 56 23 TEMPORARY BARRICADES
01 5623.10 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 56 26 TEMPORARY FENCING
015626-50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 56 29 TEMPORARY PROTECTIVE WALKWAYS
01 5629.50
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 58 13 TEMPORARY PROJECT SIGNGAGE
01 58 13.50 f
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
01 71 23 FIELD ENGINEERING
01 7123.13
ONLY ALLOWABLE AS REQUIRED BY
01 7123.19
STATEMENT OF WORK, IF PERMITTED
BY LAW
Page 10 of 12
Rev. J u n -2010
01 74 13 PROGRESS CLEANING
01 7413.20
ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
019113 COMMISSIONING
01 91 13.50 ALLOWABLE AS REQUIRED BY
STATEMENT OF WORK
Contract ContactlProject Manager.
for any questions_ regarding the administration and management
of this a reement send to:
Graziella Mesa
Project Manager
Department of Engineering Services
1201 Leopard St.
Corpus Christi, TX 78401
Tel: 361 -826 -3550
Fax: 361 -826 -3501
Email: graziellam @cctexas.com
CONTRACTOR
f
Name: 1 =_I Q,
Title. f 'e yL i
Address: , a i,, 13-e _} L- n f,
n�c is
Tel:I
Fax: 3b,
ATTACHMENTS to JOC MASTER AGREEMENT
and to RFP No. 2012 -02
Agreement for Job Order Contracting for
Minor Construction, Repair, Rehabilitation, and Alteration of Facilities
TABLE OF CONTENTS
ATTACHMENTS
Contractor's Comp leted Questionnaire RFP Attachment A
Contractor's Completed and Signed Disclosure of Interest Form RFP Attachment B
Contractor's Completed Litigation Disclosure Form RFP Attachment C
Contractor's Completed Minority/Minority Minority/Minority Business Enterprise RFP Attachment D
Contractor's Completed Pricing Schedule Form RFP Attachment E
INSURANCE REQUIREMENTS RFP Attachment F
Page 11 of 12
Rev. Jun -2010
INDEMNIFICATION REQUIREMENTS
RFP Attachment G
Contractor's Comp leted Signature Page
RFP Attachment H
Contractor's Completed Proposal Checklist
RFP Attachment 1
WORKER'S COMPENSATION COVERAGE
RFP Attachment J
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS
RFP Attachment K
SPECIAL PROVISIONS
RFP Attachment L
GENERAL PROVISIONS
RFP Attachment M
Signed in 4 parts at Corpus Christi, Texas on the date shown above.
ATTEST CITY OF CORPUS CHRISTI
By:
City Secretary Oscar Martinez
Assistant City Manager Public Works,
Utilities, and Transportation
APPROV D AS T LEGAL FORM
By: By:
Asst. City Attorney Daniel Biles, P.E.
Director of Engineering Services
CONTRACTOR
ATTEST: (If Corporation) Barcom Commercial, Inc.
By:
(Seal Below)
Title: L�f ? t
(Note; If Person signing for 5826 Bear Lane
corporation is not President, Corpus Christi, TX 78405
attach copy of authorization to sign) (361) 851 -1000 Office
(361) 851 -1717 Fax
L� �.
wW� xd�
Page 12 of 12
Rev. Jun -2010
RpP NOr 2012 -M
AGREEMENT FOR JOB ORDER CONTRACTING (JOC)
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION DE FACILITIES
ATTACHINENT A
IRIMPONDENTMONTRACTOR QUESTOMINAIRE
H �; j q
I. Company hdbimatloo: Provide the following Ir kanation regarding your oompmny.
Name/Name of Agency/Company: earcorn commercial inc.
Address 5826 r Lane
C y [ , y��- Co Christi �fe Texas p Code, 78405
- - i � w i i rrr _ - -
Telephone No. 361 - 851 -1000 F ax NO: 361 -851 -1717
2 Contract Irdbrmadon: List the person who the City may cores concerning your
proposal or setting dates for meetings.
Name: Dave Hoffman /Mike Douglas
Aduf rr+ess: 5826 Bear Lane
Cn Carpus Christi; Texas �p CO*: 78405
Tdophone No . 361; - 1000 Fax No: 361- 851 -1717
Emall: davegbarcorn.cc / mikefbarcorn.cc
3. Does your Cony anftipate arm► merges, transfer of ogankdon ownefship, ned *a
nrm or months that may affect the o gan badoift abi�Iilyto c�any�out Rs mil? m (12)
Yes INo x
4. is your Company authorized and/or ficaroxi to do b wins In Tens?
Yes x No
S. Where is the Comparrfe corporate headquatfers bcaWd? Corpus Christi. T
a Luca! Operstims Does the Company have an office located In Corpus ChrIN, Texas?
Ye8 X — No ATCACiM MT'A"
POV I d S
I
a. d the answer to the previous question Is °yes". how long has the Company conducted
business from Us Corpus Christi office?
Years 26' Months 7
b. State the number of mall -tithe employees at the Corpus Cfte ofliCe. 32
7. County Operation If to Company don not have a Corpus ChM oft*. does the
Company have an cAM located In Ni ceoes County, Texas?
Yes No N/A
a If the answer to the previous question Is yft how long has the Company conducted
business *om ihi Nueoee County offbe?
Yam Months N/A
b. State the number of full,41ne em*oyees at the Nueoes County off e. ,_N /A„�
L DebannonUSuspeasion Information: Has the Company. or any of Its prinalparls. been
,debarred or suspended from contracting with any public end
Yes No x
I yes, identify the public entity and the name and amni . phone number of a
representative of the public entity famillar WM the rtelmm or.suppenglon, and state the
reason for or chmmstances sunwnWng the debarment or suspenaian. Inohidhrg but not
I(mihid to the period of time for such debarment or suspension.
S. Surety Inkro adon: Have you or the Company ever had a bond or surety canceled or
fortolted7
Yes_ No x
if yes, state the name of the bondit aNn1N!ny. date. arnount of bond and reason for such
cancellation or forfelture.
10. ftnbuptcy Ikon: Have you or life Company ever been dedoed bankrupt or
Zed for protection from credbas under state or federal proceedings?
Yes No x
If yes, strata die date, cwt, Jurisftgon, cause nw ftev. amount of I NIties and amount of
.assets. j
11. Proarhte any other names under which you busies has operated within the last 10
years.
N/A
ATTACHMENT . "A"
P482ols
2
RIUMENCES - Provide to (6) refs enoss, one of which must be from a financial inafitutlon
#hat has provided Respondent with bans ft services during the past three years. Identlfy two
of your largest public entity d6nis and two of your largest non -public entlty agents. in which
you have pm*ed services to whin the past three years.
RMWence No. 1: (Financier lnsfibon)
Fb Tr dc om pany America
Coact NEW.- James T. Pickett Senior Lending Officer
Addre": P. O. Box 6469
Cif Corpus Christi $toft Texas Ap Cade. 78466 -6469
Telephone No- _„ j62M2MA - -- -- Fix NW ._.361- 991 -ODU
Ernall:
Reference No. 2: (Pubic Enftttt)
F]"nADompany Name: city of mcmen ....._..
Canted 111Jlrrle Victor Gonzalez 'rise• C Engineer
Address: 1300 Houston Avenue
McAllen • Texas ,Zjp (;0{1e, 78501
Telephone No. 956 - 681-11$3 ^, FaX No: 95Cr537 -Q29R
Email:
Reftnu m No. 3: (Public Eaft)
RMVC0mpafly Natll>�: Pharr -San Juan -Alamo ISA.
Coact Nam., Manuel Rivera, Jr. TSB: Deputy Superintendent
Addrm: 602 E. Kelly
Pharr gig; Texas fie` 78577
Telephone M0. 956- 354 -200 FJ NO: 956 - 783 -3818
Entail:
ATTACHMEMT NX'
P403of6
3
lRd91anm No. 4: plon4 iblic Entity)
FkffdContpany Nme- AEP- America Electric Power
ConW Name; Pete Cavazos IMW: Facility Operations Coordinator
Addnw:
City: Cor us Christi _ Side ; - Texas �� Cod
I �
Telephone No. _ 361;881 -5879 I, I I. F ax No.
I.,Illlr�
Email: -- og gavazolfi agocorn
Rdmno Na V. JNO"Ubllc Entlty)
FimWompany Name _ __ Nueces County Hospital i7istrict
I II II II II IYII, „ �
I ^1
C oiftd Name; _.ionnv F. Hinn. FACHE . Title: Administrator
AddrM: SSS N. Carancahua, Suite 950
Cif: Corpus Christi ftW Texas , gipCcde: 78478
Teleph" No, 361 -808 -3300 Fax No; 361 -los -3274
Smell:
ATTACHMENT "A"
POP 4 0f 6 1.
4
CITY OF CORPUS CHUM
DISCLOSURE OF IIlW'I`EREST
Cit
the m di I �P�6 16L �1a, w "NA". See eo a Fiiiag
CON► FANY NAME: � Barcom Commeraat. Inc-
P. 0. B O
SrREST ADDM&- 5826 Bear Lane Clry; Co rp u s Christi, Tx ZIP; 78405
FIRM A. C A " mw m M nd m m ® S Ot1,e� 8 3. Solo Owuor . CJ
If sdditiooal apaoa neceee , pleas uto� ode d& or attach S%W2ta
1. Shaba tie mamas of eadm' of the C �y of Carpus e l obs to "ownenhip jumm "
comdbft 3% or mom of the owneraidp in the aba�►a named "firm."
Nemme Job Me and City Daparbment {if known)
Z. State the names of ewh "official" of the Chy of Cmgtms Chfm lung an 'Own ip twat'
Ong M ar more oftite ownerabip in tMabara naniod 41M."
Name Tift
NIA
3. Staha tie amines of each "board member" of d o City of m
In o
3% or m em "a
h
rist awing rum interest"
consdu og ore OHM M owaerahip the above amea Ch
"firm."
! Board. Comobsion or Committee
4. Site ft names of each or off ew of a '�sulta f for the Chy of Corpus C wW
w dod an matter Am the aft" of we conbm and bu an 'dip merest"
oars bmbg 396 or more oftho awmiMp in tho sb m nomad "&W
Name CanaAkm
N/A
ATPAQ+W
Page 1 aft
t
65
FUMG REQU1CB1vA+l�Ey'1'S '
Jf a peasor who requests official action on a mAw Mod sctlotn will confer an
segment
economic benefit an aW ally official or e*oyoe that is le front tho effect that the action.
will have art mentbeas of the public In geaael or a srtbstential theteo4 you shall disclose that fact
in a sigued� to We. City oflidal, �l� or body War Itas bean requested to act in the t�ttOor,
mless the of We City official or �oyae in file mater is Ylze diselosw�a shall a�leo be
made iu a sighed wnithtg Hied with the City Secretary. [HWkei Ofd n�ance Mon 2 3t9 (�l
CERTIFICATION
I ceKlfy that all ink prmrldod is tote and oar�eot as of ft date of Win moment Wet I have O M
withhold disclosure of ally is w madon a+equa M; and drat supplgnertal sow atfa wip be
psubro teed to the City of Corpus CArlsti, Texas as changes oc ew.
Cet116ft Person: Elaine R Hoffman Title: President .
Crww? q
Signature of C:wdfyhtg Pets = l Datier July 18, 2012
- L
DEFINITIONS
a. "Hoard memb W " A nmber of any board, commission, or committee appointed by the My
Council of the City of Corpus Christi, Tom.
b. "Bconomic WOW. An action drat is likely to affect am ecomomie most if it is likely to have an
effat cm that interest first is distitgaiWsble firm Its 4ba on members of the public in general or a
substantial sepaegtheME
c. " Bmployee." Any peraon employed by the City of Corpus OniHi. Teacas oidu r an a full or put..
time baeia, but not as an rode ant contractor.
d "Finn." Any► entity operated for ecearomic gain, whether p vfes k ml, indMW or oommucial, and
Whether established to produce or deal with a product or service. b dudimg but not )htrited to. eantitim
operated in the foam of sole p mp ddmd* as wSemployed person, partneroMp, aotpomdor, johtt
stock company. Joint v=W% receivership or truce and and" which for purposes of taullon are
beam as noaprofit onions.
L "OflYaid." The Mayor. nombms of the City Council, City Manager, Deputy City IdanW,
Assistant City. Managers, Depunnent and Division Heads. and Mumidpal Court Judges of tins City of
Cats Cltrlstt. Tacos.
f. *DwnwAlp Intoreat." Legal or equitable bored, whc&or actually or cotnstauctivaly )told, in a
fine, including when such bored is held through an avast, trust estate, or holding eaft
"Coanstrvetively held" reface to MWIngs or control establI" 6rwg1h voting gusts. podw, or
special terms of ven#ure ar patlnership ag�reetmarts."
S. TMSUltant." Any person or firm. each as engineers and amhiteds„ hired by the qty of Corpus
CMW for the pwpm of p olfies tonal consultation and recommendWa n.
ATTACHMSNT"B"
Np2of2
2
66
RFP NO. 2012-02
AGREEM MIT FOR JOB ORDER CONTRACTING (.IOC)
FOR
CONSTRDCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT C
LMGATM DISCLOSURE FOIilllt
FOUure lb fully and tnrihfully dlaatose the Lnlaormadon required by this LltlgaHon diedca re form
may remit In the disgneiMcadon of yarn proposM form consideration or bmination of the
contract, once awarded..
9.' Have you or any member of your Firm or Team to be assoW to this engagement ever bw
indicted or oomiftd of a febny or misdemeanor greeter than a Cloves C In the last ON (5) yeses?
Circle One YES NO
2. Heve you or any member of your Firm or Team to be.assigned to this engagem eM been tariminated
or any o
Ci
F State ) *om
e or Covemm o
p � the City of Corpus misti H�er
Circle One YES
•3. gem you or any member of your Firm orTeam to beasaig W to Oft engagemtent been Inv&ed in
any claim or 110dion with the City of Corpus Chrld or any other Fedeal, Stye or Local
Goominent or Pd arts En#iy during the het tan (10) years?
Ckde One @E NO
If you here answered ' to any of the above quewjoias, phow Indicate tiw man *) of the
psmon( the nahM =W the sMs WW" or taoms of the [Woamatbn, indlot oW, anWagon,
farminallon, 01811" or negation, as aPpl GAW Any such Inknw ion should be provided as a
"WO Pape, atlsched to this farm and siabrnlfted with your proposal.
Please see Page 68.
ATTACHMEN r OCO
Pogo a of 7
57
Re: Cause No. 2011 DCV- 6113 -A; City of Corpus Christi and Corpus Christi Tennis
Association vs. Barcom Commercial, Inc., et al; In the 2$ Judicial District
Court, Nueces County, Texas filed December 8, 2011.
This case concerns renovations and additions to the H.E.B. Tennis Center, the
Mildred & Lloyd Sessions Tennis Pavilion. The center is owned by the City and
operated by the Corpus Christi Tennis Association under a lease with the City. Barcom
was the. general contractor.
The project consisted of some demolition of existing structures and the
construction of a new covered tennis center consisting of three tennis courts, bathrooms,
locker rooms and a bleacher area on a mezzanine. The project was substantially
completed in September, 2002.
Land Stabilizers, Inc. was the subcontractor for the stabilization of the soil under
the tennis courts. In the bid package, there were three additive alternate bids which dealt
with the courts themselves (and one additive which dealt with the restrooms). Additive
Bid . Alternate #2 was for potassium chemical injection soil stabilization at a cost of
$55,000. Additive Bid Alternate #3 was for soil undercutting and replacement operations
in lieu of water injection soil stabilization, for $60,000. Additive Bid Alternate #4 was
for Post tension concrete tennis courts, for 5178,700.00. Land Stabilizers then came
upon the scene with a proposal to inject Condor SS at a cost of $29,055. Land Stabilizers
produced glowing testimonials and extensive product literature.
The proposal by Land Stabilizers was provided to the City and architect, David
Richter of Richter Architects, and, based upon the representations made by Land
Stabilizers, was accepted by both. The injection process took place in January, 2002.
Land Stabilizers issued a 10 year warranty.
In 2006 it was reported to Barcom and Land Stabilizers that there was significant
movement of the tennis court surfaces. The City and the tennis association sued Barcom,
Barcom's bond via Travelers, Land. Stabilizers and Earth Sciences, the owner of the
injection process. Land Stabilizers did not answer and a default was taken. Barcom sued
Land Stabilizers for negligence, breach of contract, misrepresentation, contractual
indemnity and additional insured status. Land Stabilizers answered and came into the
suit. Then it moved to set aside the default taken by the City, and agreement was made to
allow it to do so. So now everyone is in the case.
Barcom and the City of Corpus Christi entered into a non- aggression pact and to
maintain their suits against Land Stabilizers and to that extent are now working together.
68
0000 PArTH FORT PLAN
. f or*
MOR OP
PpOIOT: It ' T LRATION
Of FACILITIES
WO PROPOM WOFftTM#
d p Barcom Commercial, Inc.
Aaret 5826 Bear Lane
Corpus Christi T us 7j- p.(k 78405
TBbPm= 361= 851 -1000 I AddIM t
to yatr*m MWO x.. Yes -... tb W yes, piiIiiiw iwm* eww"ozal aaw""WO
It LW AS lllboA14�3A0m1�1�11ftirllr i �11t WNl bi t!f/d �Ol' pdd 0o11U�Q1. Ql1�0�0 tl) �.
j AAS�ii lI3�t111/IS IgisOd.�
� iriat°io� lift
TBD
AN w a� I� pwlt a
o�p3�I �I3� I�or�nlloi�r.
P. Paing aft* lROw~ " �ol�►
ii.
7L.ik 7 7
00
OWD PAWN SNOW PLAN
(p4p too
a NWa,NW fhb M090f PaW WdrAld to MWAb and *M I* Good Fib
- ai�lraanpiu�ycn�e prla�t.
Jessica Rodriguez.- Ph: 361- 851 -1000 Fax: 361 -851 -1717
0
E
• F
4. ThIS GOW Fft E(tat MW !e do ft Of scW at t eam's .
GOOD PAM EFFM PLAN CATION
I HM rRM T TM IN MON PRMDRD IN TI`!IE GOOD
FAffH OF IB TRUE - AND IPt�ETE T15 THE Sw OF MY
kNOWLEDGE I FUR'I'HER UNTI AN AME THAT,
IF AWARM Tim , INIS = 8I AU NE ATTACHEO
YMRETO AI D B A MRDING PART OF Ti* CONnYUCr.
PresWent
TITLE 4F OMCIAL
July 18, 2012 361-851 -1000
DATE PHOW
11Y1 011. A ' Dw
Acct Taff
i
i
i
i
70
SCTRCA
Business Enterprise C"fic Dori program
Barcom- Commercial, Inc.
has filed the appropriate affidavit with the South Central Texas Regional Certification
Agency (SCTRCA) and is hereby ceded, in accordance with SCTRCA Policies and
Procedures, as a:.
Women Business Enterprise (WOE) .
This Certification Certificate must be updated: by submission of:a Compliance Affidavit.
You are required to. notify the SCTRCA. within 30 days of any change in circumstances
affecting your ability to meet size. disadvantage- status. ownership, or control
requirements and any material changes in the inn oration provided In the subnisslon
of the business application for certfication.
ceamwsEwom. February 26, 2093 cwmFICA7E No 299028779
- VOM APPLO M'8 SEEKM CERIIFICA71001 RECAGMUM FROM A II ION I MflM NJ878A718FY ALL OFT11A7
NEUM
EN7r W RBQUM MEM•8 PURSUANT 7O A03M R FJaW POLICY.
Certified in the following wok categories.
North Anwrican ClsssHi W6n System- (NAICS) codes(sy
NA1C8430220: COMMERCIAL BUILDING-CONSTRUCTION
NmcS 236220: INsTrrUTIONAL BUILDING CONSTRUCTION
-.
Bla" R. Mbho#
Emutbre Director
sm ARM
71
THIS PAGE INTENTIONALLY LEFT BLANK
7
72
RFP NO. 2012-M
AGREMENT FOR JOB ORDER CCWRWMG (JOC) FOR
MWOR CONSTRUCTlaN, REPAIR, REHASIMATION, AND ALTBtAyM OF
FACIUTIES
I
ATTACHMENT
PRICM SCHEDULE FORM
The Contractor 9MN fwnWh sig sWeviBion, Wbw. mmwiw, tom, suppgm equIpMem,
barak. Irieuranw, induding tam. overhead and RM to pelt all ft m b xs
necessary and rewired for the Job Order CorftcL Work raqwmmenu dW be sp In
fndMduel Work OWNS.
A. PnWPrkmd Ibm
1. C46fildert Factor. SianderdtNormal Wodft 140um
1.05
2. Coofficimt Factor Non-ft wormna Nam
1.07
IL M Pm - * doed BMW
1. dot Factor: Star dsr&wonvWWodftHio=
1.12
2. CwflWantFaclor. Non -Stun dwdftmsdWoWnq Ham
2.14
Ndw
I. The *d omMdW factor " be applied to #m R.S. Mons Cid Oft Uaft pd
Book flein anWpded lo be ar.srart d durino aWWard wodft how& 'Tbe
second cod , ftlent factor Is to be applied to R.S. Means Unt Mm Bb* M
arrt I I I it lo be mmuMN69d du ft other Om aMmlard wmft hours. Pdm duM
be bind upon Om R.S. MGM 006t Data Cdft for Cogs GhrW Tft". Mftg
wAslon asfdkwc
• R S. Meim Facift Cormhucdm Cod Data Book fu GwmW comftdj
Bed". No pwrd*m
• R. S. Means Mwhw" Cod Dab &xk for AMNW Meftarg* I M
PkjwMV (MEP)
• R. S. Mourn Repsk and Rmods" Cod Oft IN* IwRooft
I The sclual'pidbg ftw mik pwkffmod under conbW vA be boo an he Ufa
rates =Wned In the Ut* P" Soak, IrAm" VpUc" CadMod a*wawft as
sat north' above. MW the 4 001011 " wddAlY SOMW to by the Coftwftr and the CW -
prior to the bwance at a Viodk CWw. Ila Cadrohm m*n dWI bb fk f jhq
duration d ft Cor*acL TM R.S. Meam pftm a in " Una pft hook are
firm far Me tam of the Ckffoacl wd va be mpkmd eg* apftd you, an ft
Solon of 00 couback with to UrAt Pt" in to most axped R,& ccst
Data..
F A U-r TTACKO I
W POM "" I m a I I I
• 73
RFP NO. 2012 -02
AGREEMENT FOR JOB ORDER CONTRAC'T'ING (IOC) FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACHMENT F
INSURANCE REQUIREMENTS
(Revised June 2010)
I. CONTRACTOR'S LIABILITY INSURANCE
A. The Contractor shall not commence work under this Agreement until he /she has obtained all
Insurance required herein and such insurance has been approved by the City. Nor shall the
Contractor allow any subcontractor to commence work until all similar insurance required: of
the subcontractor has been so obtained.
B. The Contractor shall furnish two (2) copies of certificates, with the City named as an
additional insured, showing the following minimum coverage. In an insurance company
acceptable to the City.
TYPE OF INSURANCE MINIMUM
INSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates
Bodily Injury and Property Damage
PER OCCURRMtCE/ AGGREGATE
Commercial General Liability, including;
$2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations Hazard
6. Contractual Liability
OWN 7. Broad Form Property Damage
S. Independent Contractors
9. Personal Inju
AUTOMOBILE LIABILITY - OWNED NON -OWNED
$1,000,000 COMBINED SINGLE UMIT
OR RENTED
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
$2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE Not
0 REQUIRED
limited to sudden & accidental discharge; to
include long -terra environmental impact for the
disposal of contaminants
D NOT REQUIRED
See Section B =6 -11 & Supplemental Insurance Requirements
BUILDERS' RISK
0 REQUIRED 0 NOT REQUIRED
$100,000 COMBINED SINGLE LIMIT
See Section 5 -6 -11 & Supplemental
N5TALLATION FLOATER
0 REQUIRED ❑ NOT REQUIRED
ATTACHMENT "r
Page 1 of 3
C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of
' AWN all reports of such accidents at the same time that the reports are forwarded to any other
Interested parties..
U. INDEMNIFICA' IM-AND -HOLD HARM
A. The CONTRACTOR shall obtain workers' compensation insurance coverage through a.
licensed insurance company or through self - insurance obtained in accordance with Texas
law. If such coverage is obtained through a licensed insurance company, then the contract
for coverage shall be written on a policy and endorsements approved by the Texas State
Board of Insurance.
If such coverage Is provided through self- insurance, then within ten (10) calendar days after
the City requests that the Contractor sign the contract documents, the Contractor shall
provide the City with a copy of its certificate of authority to self - insure its workers'
compensation coverage, as well as a letter, signed by the Contractor, stating that the
certificate of authority to self-insure remains in effect and is not the subject of any
revocation proceeding then pending before the Texas Workers' Compensation Commission.
Further, if at any time before final acceptance of the Work by the City, such certificate of
authority to self - insure Is revoked or is made the subject of any proceeding which could
result in revocation of the certificate, then the Contractor shall immediately provide written
notice of such facts to the City, by certified mail, return receipt requested, directed to: City
of Corpus Christi, Department of Engineering. Services, P. O. Box 9277, Corpus Christi,
Texas 78469, Attention: Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must be in an amount
sufficient to assure that all workers' compensation obligations incurred by the Contractor
will be promptly met.
B. Milder's_Risk Coyrerage CONTRACTOR will be responsible for providing builder's risk
insurance coverage for the term of the contract up to and including the date the CITY finally
accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The. policy
shall be a completed value form. The CONTRACTOR shall provide such builder's risk
coverage at least in the amount of $ _MIA N , which is estimated to
be the value at completion of the real or personal property to be constructed, repaired or
otherwise Improved under the contract.
CONTRACTOR shall be responsible for paying all costs necessary to procure such builder's
risk insurance coverage, including any deductible. The CITY shall be named an
additional insured on any policy providing such insurance coverage.
ArrACHMENT "r
Page 2 of 3
III. ON ME CERTIFICATE-GE-INSURANCE:
• The CITY OF CORPUS CHRISTI is to be named as an additional insured on the
certificate and by endorsement on the liability coverage, except for workers
compensation coverage.
• For each insurance coverage, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, providing the city with thirty (30) days prior
written notice of cancellation of or material change on any coverage.
` . The NAME OF THE PROJECT should also be listed under "description of operations ".
IV, _ A coMgleted plactasur_e of Interest form must be submitWd with your prop2ML Attachment B.
ATTACHMENT "F
Page 3 of 3
RFP NO. 2012-02
AGREEMENT FOR JOB ORDER CONTRACTING (IOC) FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES.
ATTACHMENT G
INDEMNIFICATION REQUIREMENTS
ATTACHMENT - G -
=1012
expenses, Tees fines nalties proceedings, actin demands causes of articm
this contact.
A- ACHMENT -W
Page 2 of 2
RFP NO. 2042-02
aGEMENT FOR JOB ORDER CONTRWMG jJ0Q FOR
MINOR GONSTRUCnON, REPAIR, REHABILITATION, AND AI.TERATI OF
FACILITIES
ATTACHMENT H
SIGNATURE PAGE
Chad (e) th6 beat llo bow eae man of mvmwm
0 WhftWor Pfple ip 13 PwUm*ld� or jMVwjm mcwwagm
Tlaw.tutdeeft od CHOW 10 Joe b President af.tt pAmpordW i ramrted b
ekw
go (s)he
aw (alm is � to dpit lh1B P+spoeat tN s Capm ft gm by f re afl�a CZPY
of ft mtd c n behalf of the aft anted below, ared b rjgwrbmd io
fooeafb aeene !ar and on behalf of and bhtd avid arfy b tba tuft and =WM= pevded 'for to t#ta
Pr+opoea as mWAW by thla RFP, and has #0 faq IWb 1tltdlt fy b MW* an AWMwd an behalf of
PApoflde:lt, Ifa mmIN , fond tad Ste 1140 ms's Tsggwllhert wfor ft sett lx
17426917005
1'1 -ltk flatWWW@ Taste lW WW
74- 2691700
55GA blwww
Barcom Commercial, Inc.
RWw Wwt0Wd=Vm Nerwe (DMWBD mWlred P Indhr &W or PtoxletaiNtlp)
I
�dL ri r
p Elaine It. Hoffman '
: 1
TMW President
e. N/A
(If PAaportdaed b a JON V4ftft stn mad elpneWM ficrn a rapmewwWo of apA p Uty b MqWW*
Ptinbd Nmm
'lily:
ilyawlak" dx", iieepatdmttapnsea t1r l
7. It aaoended a oafabertt fn b ttlta RFP, tIdeM ltd! bap able and
li be�a weld hdan aMwt �atabh FOP � FAG.
b !►v t
�'ateds Apo denW 1� preps w t
�. � hss and wld a! t.t�on 17batesaas fbera wtea fee �
Ilr�a. dbvase � � are6► tlrolllt b delft of ptngtpeat �
4. lieepandant ayraw %A& and rat a El BWWAW � end - Wftft 8
b et tal; l ft dtldM fa 1� abd llfamnal slag! woea� p f from
� ar � of oaf�t, 1>�na eaeeendltd.
?b faontplY wbr the t1 rel eferem, bpi tied that 1st patron Iw a
my I rtwact - or sea)/ dW paraora aaft on bthett of auah a paeamet ar oft 4. ftol WHO
C%f aloe or their diffprtor ft ft fta nth aorftala p w" Ceueaoll amt aan.
! , : ,j,
97
RFP NO. 2012 -02
AGRtEEARENT FOR JOB ORDER CONTRACTING {,IOC FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
FACILITIES
ATTACHMENT i
PROPOSAL CHIECKLLST
Use this cheddist to answ+e that a!i ragnired dmmw to have been Included in the
proposal and that they are prgmly tabbed and appear In the convxt order.
' Doarrments nwdwd with an mterlslk on this dhecift require a siRnfure. Bs
sane they are signed pdar to submUM of prop6e&
99
Inl61 to Indleate
Tab In
Doc ument
Document Is
p I
Aft shed to
.Pro
Time Conieft
A
ftpMft Quee lonnalre (RFP Aftc meat A
B
* Dlsdomire of iriemst Fame RFP Attachment I
C
LWO Discloerere LRLP ARachment C
1D
* MinorltylMlna ft Business Perd 1pation Policy good fault
San LRFP Attachment o°�
E
Pddng Scredulee 0WP Attechmot E
F
Brochures
G
Flrmclnl lnto tlorr
H
Proof of lnstsatft [fitter arid Copy of Cwmnt Ceriliicate
of Irrswence
I
� etu�(H Reenluslon,IIapplkMe)
d
Pro Cloddlst (RFP Ate-`
One 1 QtWVW and six fee of EMMM
' Doarrments nwdwd with an mterlslk on this dhecift require a siRnfure. Bs
sane they are signed pdar to submUM of prop6e&
99
RFP NO. 20:12-02
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
FACILITIES
WORKEWS COMPENSATION INSURANCE
REQUIREMENTS
1 of 11
TITLE 28
PART 2
CHAPTER 110
SUBCHAPTER B
. RULE §11ii.110
INSURANCE
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS COMPENSATION
REQUIRED NOTICES OF COVERAGE
EMPLOYER NOTICES
Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if 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 -8Z, TWCC -83, or TWCC -84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project..
(2) Building or construction --Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor —A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement --A written agreement on foam TWCC -81, form TWCC -82, form
TWCC -83; or form TWCC -84, filed with the Texas Workers! Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer /employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project-
(6) Duration of the project -- Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity_
(7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) -With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes but is not.limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of l 1
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as foodtheverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project -- Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project are covered by workers' compensation coverage, that the coverage is based on proper
reporting ofclassification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of a self- insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c). A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this section ;.
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4). obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) :before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends.
during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for tbM years
thereafter,
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation; &#Mhed
QMM
Page 3 of 1 l
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of' any
coverage agreements,
(2) provide a certificate of coverage showing workers` compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
shoVmg . extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(S) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached _graphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project;
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(G) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E) obtain from each other person with whom and provide to the contractor:
(i) a certificate of coverage, prior to.the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of
Self - Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil: penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project,. prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, priorto the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the. project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified 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
(9) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other persoin beginning work on the
project;
(C) include in all contracts to provide services on the project the language in paragraph (3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held inwdiid,
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 ate
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September .1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not requited by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant. to Texas. Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant t076Yz ii Civil ' Statutes,
Article 6675c, W).
(i) Tlu= coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
728SI10.110(dX7)
w
'REQUIRED WORKERS' CO110*E M77ON COVERAGER
Ilk law n gnbw that each person waraq on this site or prpvi ft services related to this
cortracdmp 0jeat must be covered by wearkrs' fir wvwe. Thisi wJudespi wnss
proAft Imtft or deli wft equoment or materials, orp ovi labor ortr mpontatim or
other service related to the proja% regandw ofdie uhnifty ofdpi'empioyeror as am
em ,0 0w. a
Ta dw Teams Workers'Comper odor Commission at S1240-3 789 to receive .
dw regtriremerttfforeoveemV toverifj +whedaeryourwpmfowlassprovided r o
egWm
wvww. or to report an employer's faitwe top vWde wmW "
Page S of 11
T299110-
Article . Workers' CompensationImurance Coverage,
A. Definitions:
Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate oZ
authority to self- insure issued by the commission, or a coverage agreement (TWCC -81, I
82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage f�
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whethew that person has employees This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, .without limitation, providing, hauling or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. 'Services"
does not include activities unrelated to the project, such as food/beverage vendors, once supply
deliveries, and delivery ofpoortable toilets
B. The contractor shall provide coverage, based on proper reporting of classication codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401:011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
G The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D, If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended
E. The contractor shall obtain from each person Providing services on a project, acrd provide to
the governmental entity.
(1) a certificate of coverage. prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of cove
Showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9of
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by cerlifled mail orpersonal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of arty person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
L The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 441.011(44) for all of its employees providing services on the project, for the duration of
the project;
(1) provide to the contractor, prior to that person beginning work on the. project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project,
(3) provide the contractor, prior to the end of the coverage period, a new certificate of cove rage
showing extension of coverage, rf the coverage period shown on the current cerifficate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and pravidh' to the contractor:
(a) a certificate of coverage, prior to the otherperson beginning work on the project, and
(b) a new certe of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project,
(S) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certdjied mail or personal delivery, within. 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services
J, By signing this contract orprovOng or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of clews 1cation
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or in the case of a se f insured with the commission's Division of self.
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
X The contractor`s failure -to- comply with any of these provisions is -a breach of con&mt 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 l l of I l
RFP NO. 2012-02
AGREEMENT FOR JOB ORDER CONTRACTING (JOQ
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
FACILITIES
ATTACHMENT K
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS
The following three provisions {the "Substantial Completion Provisions" are added to the
Contract and govern completion of the Work. These Substantial Completion Provisions change
the Contract to add a substantial completion clause and two partial utilization clauses to the
contract. In case of a conflict in any of the terms in the Contract Documents, the Substantial
Completion Provisions take precedence, trump and prevail over any conflicting provision in the
Contract Documents, including provisions in Addenda issued during the bidding phase, Special
Provisions, construction plans, Standard Specifications, and General Provisions, and specifically
over Special Provision A-34.
Substantial Completion Provisions added:
§ 1.01 Substantial Completion;
§ 1.02 Partial Utilization; and
§ 1.03 Partial Utilization. Acknowledgment of Property hearer
Without limiting the foregoing, the Substantial Completion Provisions take precedence, trump
and prevail over:
Special Provision §§ A-6; A -18; A39; and A-49
General Provision §§ B-7 -9; B -9 -9; and B -9 -10
RFP NO. 2012-02
AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR
MINOR CONSTRUCTION, REPAM REHABILITATION, AND ALTERATION OF
FACIUTIES
ATTACHMENT K
ADDENDUM TO SPECIAL AND GENERAL PROVISIONS
1.41 Subslandat Completion
A. When Contractor considers the entire Work ready. for its intended use Contractor shall
notify the City in writing: that the entire Work is substantially complete (except for
items specifically listed by Contractor as incomplete) and request that the City issue a
certificate of Substantial Completion.
B. Promptly after Contractor's notification, City, Contractor, and Architect, if applicable,
shall make an inspection of the Work to determine the status o .completion, if City (or
Architect, if applicable) does not consider the Work substantially complete, City. (or
Architect, if applicable) will notify Contractor in writing giving the reasons therefor.
C. if City (or Architect, if applicable) considers the Work substantially complete, City (or
Architect, if applicable) Will deliver to City a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached
to the certificate a tentative list of items to be completed or connected before finial
payment. City shall have seven days after receipt of the tentative certificate during
which to make written objection to City (or Architect, if applicable) as to any
provisions of the certificate or attached list. lfy after considering such objections, City
(or Architect, if applicable) concludes that the Work is not substantially complete, City
(or Architect, if applicable) will, within 14 days after submission of the tentative
certificate to City, notify Contractor in writing, stating the reasons therefor. If, after
consideration of City's objections, City (or Architect, if applicable) considers the Work
substantially complete, City (or Architect, if applicable) will, within said 14 days,
execute and deliver to City and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or connected)
reflecting such changes from the tentative certificate as City (or Architect, if applicable)
believes justified after consideration of any objections from City.
D. At the time of delivery of the tentative certificate of Substantial Completion, City (or
Architect, if applicable) will deliver to City and Contractor a written recommendation
as to division of responsibilities pending final payment between City and Contractor
with respect to security, operation, safety, and protection of. the Work, maintenance,
heat, utilities, insurance, and warranties and guarantees. Unless City and Contractor
agree otherwise in writing and so inform City (or Architect, if applicable) in writing
prior to City (or Architect, if applicable)'s issuing the definitive certificate of
Substantial Completion, City (or Architect, if applicable)'s aforesaid recommendation
will be binding on City and Contractor until final payment.
ATTACHMENT "K"
Page 1 of Z
E. City shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property
and complete or ewrect items on the tentative lisL
102 Pareikd Ut I&Xion
A. Prior to Substantial Completion of all the Work, City tray use or ooc W any
substantially completed part of the Work which has specifically been identified in the
Contract Documents, or which City, Architect (if applicable), and Contractor agree
constitutes a separately fiurctioning and usable part of the Work that can be used by
City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work, snbjeet to the following conditions:
I. City at any time may request Contactor in writing to permit City to use or occupy
any such part of the Work which City believes to be ready for its intended use and
substantially complete. If and when Color agrees that such part of the Work is
substmttially complete, Contractor, City, and City (or Architect, if applicable) will
follow the pnxedures of Paragraph 101 A through D for that part of the Work.
2. Contractor at any may notify City (and Architect, if applicable) in writing drat
Contractor considen any such part of the Work ready for its intended use and
substantially complete and request City (or Architect, if applicable) to issue a
certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, City, Contractor, and Architect
(if applicable) shall make an inaction of that part of the Work to determine its
status of completion, if City (or Architec4 if applicable) does not consider that part
of the Work to be substantially complete, Architect (if applicable), will notify City
and Contractor in writing giving the reasons therefor. if there is no Architect for the
Project, City will notify Contractor in writing giving the reasons therefore, if City
(or Architect, if applicable) considers that. part of the Work to be substantially
complete, the provisions of Paragraph 1.01 will apply with respect to certification
of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to
esmpliatce with the requirements of Paragraph 1.03 regarding property'
1.03 Partial Ufflfzrzalion Acktrawledgmenl o, f ftlwfy Insurer
A. If City finds it M4 95M to occttpy of use a portion or portions of the Work pew to
Substantial Completion of all the Work as provided in paragraph 1.02, no such use or
occupancy shall commence before the insurers providing the property insurance
pumiant to the Nadu to Contractors — A In amswe Requirements, have
acknowledged notice thereof and in writing effected any changes in coverage
necessitated thereby. The insurers providing the property inswunce shall consent by
endorsement on the policy or policies, but the property insurance shall not be canceled
+* or pennitted to lapse on account of any. such partial use or occupancy,
ATTACHMENT "K7
Map2of2
RFP NO. 2012-02
AGREEMENT FOR JOB ORDER CONTRACTING (JOC).
FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF
FACILITIES
ATTACHMENT M
GENERAL PROVISIONS
id
RFP NO. 2012-02
AGRZOMT FOR JOB ORDER CONTRACTING WOC) FOR
MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES
ATTACMNT L
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Recei ving Proposals/Pre-bid Meeti
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 Haill,
1201 Leopard Street, until 200 p.m.,_ Wednesday, July Is, 2012 Proposals
mailed should be addressed in the following manner.
City of Corpus Christi
City Secretary's Office
1201 Leopard Street
Corpus Christi, Texas 98401
ATTK: JOC PROPOSAL
W
W
A pre - submittal conference will be held on Monday, Jive 25,2012 beginning at
9:00 a.m. The meeting will convene at the MWineering Services Pain Conference
Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and
will. include a discussion of the project elements. If requested, a site visit
Will follow.
No additional or ggearate visitations will be conducted by the cit .
A -2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A -3 Description of Project
The project consists of minor construction which may include new office
construction (as well as demolition) to completing a new floor plan,
etc. Repair is defined as work that involves the reparation of a broken
system, component, or sub - component of a building such as doors,
electrical, plumbing, flooring, sheetrock, and /or air conditioning
systems, etc. Rehabilitation is defined as work that involves the
restoration of an office, floor, system or component of a system in
order to restore functionality. Alteration is defined as work that
involves extending a wall, upgrading lighting fixtures, installing a
door where one did not exist, replacing flooring, etc.
This RFP is requesting services for construction ,services for three (3)
areas: (1) general, (2) mechanical /electrical /plumbing (NEP); and (3.)
roofing-
A-4 Method of Award
The contract is awarded as a Job Order Contract (J.O.C.) and prices
established through the use.of:RSHeans cost pricing,
A -$ Items to be Submitted with Proposal
The following items are re fired to be submitted with the proposal;
ffeetLm A - or
im"Lo" 12 /is /04y
arrACmNar L
page i of 24
B — ftcIdNalk identiAdtadad dab Idea --op
wedeveftee M- Now az
JOB ORD= CONTRACT (am)
2. Disclosure of Interests.Statement
3. Bubmittal of Materials
A -6 Time of letfon/ dated Dam""
The working time for completion of the Project will be 90 calendar days The
Contractor shall commence work within ten (10) calendar days after receipt of
written notice from the Director of Engineering Services or designee ("City
Engineer") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time period
as extended pursuant to other provisions of this Contract, 500 per calendar
day will be assessed against the Contractor as liquidated damages. Said
liquidated damages are not imposed as a penalty but as an estimate of the
damages that the City will sustain from delay in completion of the work, which
damages by their nature are not capable of precise proof. The Director of
Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
A -7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its employees
working on the Project is terminated or canceled for any reason, and
replacement workers' compensation - insurance coverage meeting the requirements
OWN of this Contract is not in effect on the effective date of cancellation of the
workers' compensation insurance coverage to be replaced, then any Contractor
employee not covered by the required workers' compensation insurance coverage
must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the requirements
of this Contract, is in effect for those Contractor employees, liquidated
damages will be assessed against and paid by the Contractor at the highest
daily rate elsewhere specified in this Contract. Such liquidated damages will
accumulate without notice from the City Engineer to the Contractor and will be
assessed and paid even if the permitted time to complete the Project has not
expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered
by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
j section A - sP
(Reviead 12/15/04)
AimhcC L
Page 2 of 24
A -10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for building constraction In case of
conflict, Contractor shall use higher wage rate.
HUd=m Pxevad3 M WW
je Sral es
The opus Christi City Claunail has detenfued the general paorailim minim= hourly m
rates fcr hlteees Claunty, TWOS as get cut its Part C. The motor and any subcontractor mmt
not pay tens tban the died wad rates to all laborers, woa3m en, and medsanics employed by
them in the exa_ ±t_ +an of the pct. The cmzractor or suboomtractor dw i fasfe t sixty
dollars ($60.00) Per calendar day, or portion tbmmf, far each 11b=er, wojan, or me
employed, if such perem is paid less thm the specified rates for the classif3catian of work
pertotmed. The Cuntracficr and each for must keep an aonaiate r:+eome sbowitnc� the
names and classifications of all t aboxws wor maml, and medsa lf= employed by them in
00smection with the Pioject and sag the amial wages paid to each Worker.
The Omtractor will wake bi- weekly certified ptyioll submittals to the City gr4jr%ger. The
CmItsactwc will also obtain copies of such rectified payrolls from all m* casttra&.m and
others wctidmg an the Project. These documents will. also be m*mittad to the City Hagineer bi-
w Ly. (See =*ices for "W=:LtyMjrArity Hugh � fiarticipatlen joky for
additiozal zegdmm*s ommming the proper fame and ommot of the Pwroll Ab ttals.)
OW amd =e-haf f OW ti es the spe=fied hourly wma mm t be pdd for s31 hours wmloed in
e)saess of 40 hours in arty rasa week and for all hours w3dmd an Hunfts or belidays. (See
Section 9-1 -1, Definiti= of TRS ms, and SeCUM 8-7 -6, WWJd4V Hours.)
A U CaamratiaR with Pty (wised 7/5100)
The CLm*=mtor aball ooq=ate with an p 62ic and private agmcies with facilities cpmtiM
within the limi of the Pmjem. The Cmtactor dull pride a forty-eight (49) how dim
to any applicable agecuy when work is anticipated to pwo®ed in the vicinity of any facility
by using the Tmoz Cite -CS11 motes 1 -800- 245 -4545, the LoW Star Not ficat • CM at 1_
800 - 669 - 8344, and the Sm*bm tm= Bell Locate Chip at 1- 800 -828 -5127. Fbr the Cbrgt=ftwlz
cue, the fat owing tea n jzmim= arse listed.
W
city Amodmom
361 -826 -3500
Projeft mmmwr
361 -926- 3550,
826 -3594
Traffic WoweeritV
880 -3540
malice vqwxbmt
982 -3911
water
857 -1883.
(880=33.40 often hours)
mact"Alter t
857 -1800
(880 -3UO after hours)
am Dq*rbPW1t
885 -6900
(985 -6900 after hours)
etoaa w ater Deparpna t
826 -1875
(880 -3160 after hours)
ftsko & M=eatiom Deparbmstt
826 -3461
Streets & Solid Umme Servtaes
826 -2970
'section A - mr
(Ravisad 12 /ss /04)
AMC!' L
Page 3 of 24
A 8 P
1- 877 - 373 -4058
(693 -9444 after hours).
S B C
851 2511 (1 -800- 824- 4424,after hours)
City Street Div. for Traffic
Sfgeal /limber optic Iocate
826 -1946
857 -1960
Maas
857 -5000
(857 -5060 after hours)
AM Ober g3tic
887 -9200
(Pager 800 - 724 -3624)
SW (Fiber Optic)
813 - 1124
(Pages 888- 204 -1679)
Ctoieeoom (mss Optic)
881 -5767
(Pager 850 -2981
CARUM (Fiber Cptic)
512- 935 -0958
(Mobile)
Brooks Fiber Optic (tai)
972 -753 -4355
A -3.2 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as -built drawings, base maps, utility
records, etc_ and from as much field work as normally deemed necessary for the
construction of this type of project with regard to the location and nature of
underground utilities, etc_ However, the aecuracyand completeness of such
information is not guaranteed It is the Contractor's sole and complete
responsibility to locate such underground features sufficiently in advance of
his operations to preclude damaging the existing facilities. If the
Contractor encounters utility services along the line of this work, it is his
responsibility to maintain the services in continuous operation at his own
expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities .back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A -13 Araa Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public..
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum.and public. This may
include, but is not limited to, working driveways in half widths, construction
of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's uniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City -s Traffic
Engineering Department.
s ectim A.- 8P
lAevized 12/13/04)
ATBACAI� L
Page 4 of 24
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A - 16 Constsuctioa SeKi�ment Byil.lage and. ssack�g
The Contractor shall keep the adjoining streets free of tracked and /or spilled
materials going to or from the construction area. Hand labor and /or mechanical
equipment must be used where necessary to keep these roadways clear of job -
related materials. Such work must be completed without any increase in the
Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A -15 X=aystion and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean• dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed /sod and fertilizer.
The dirt must be free of debris, caliche, asphalt, concrete and any other
material that detracts from its appearance or hampers the growth of grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "street
Excavation "; therefore, no direct payment will be made to Contractor.
A- 16 „nisposal /Balvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and other
unwanted material becomes the property of the contractor and must be removed
from the site by the Contractor. The cost of all hauling is considered
subsidiary; therefore, no direct payment will be made to Contractor.
A -18 Bchedule and Be =enc of Construction
The Contractor shall submit to the City Engineer A work plan based only on
ammmu clays. This plan must detail t he 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:
SeCt�Ori A - aF
(Revised i2 /15/04)
ATTAC L
8e0e 0 of 24
1. Initial Schedule Submit to the City Engineer three (3) days prior to
the.Pre- Construction. Meeting an initial Construction Progress Schedule
for review.
2. Items to Include Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates Indicate submittal dates required for all submittals.
4. Re- Submission Revise and resubmit as .required by the City engineer.
S. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A -19 construction Project kgrmt_ and Control
The drawings may depict but not necessary include: lines, slopes, grades,
sections, measurements, bench marks, baselines, etc. that are normally
required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout, will be
provided by the City or Consultant Project Engineer.
The Contractor. shall furnish all lines, slopes and measurements necessary for
control of the work.
If, during construction, it is necessary to disturb or destroy a control point
or bench mark, the Contractor shall provide the City or Consultant Project
Engineer 48 hours notice so that alternate control points can be established
by the City or Consultant Project Engineer as Necessary, at no cost to the
Contractor. Control points or bench marks damaged as a result of the
Contractors negligence will be restored by the City or Consultant Project
Engineer at the expense of the Contractor.
The aentwaetew shall tie in Or Lceferenee &196 val-wee and manholes, bet—b
A -20 Testing and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must be
done over after corrective measures have been taken, and the cost of retesting
will be borne by the Contractor and deducted from the payment to the
Contractor.
The Contractor must provide all applicable certifications to the City
Engineer,
the Geaboftebeffil Whe "0006A.-m— -0-6 63-0-0. S&FW "'." be deks"10"d to bbe field by
A -22 XinorijXftnority Busimss Enterprise participation policy a*Vi"d 10/99)
1. Po_ licy
It is the policy of the City of Corpus. Christi that maximum opportunity
is afforded minorities, women and Minority Business Snterprisee to
participate in the performance of contracts awarded by the City of Corpus
Christi in support of Equal RVloyment Opportunity goals and objectives
of the Affirmative Action .Policy statement of the City dated October,
3989, and any amendmente 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
Bectim a - SP
(26VL 00d 12/15/04)
8TH L
Page 7 of 24
combination of the foregoing under contract with a prime contractor
on a City contract.
C. Minority Business Enterprise A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican - Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively own,
operate and/or actively manage, and share in payments from such an
enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned. by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0 of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
. (c) For an enterprise doing business as a corporation, at
least 51.0$ of the assets or interest in the corporate
shares must be owned by one or more minority persons).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.01 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 businesses enterprise.
d. Minority See definition under Minority Business Enterprise.
e. Female owned Business Enterprise A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.01 of
whose assets or partnership interests are owned by.one or more
women, or a corporation at least sl. oak of whose assets oar 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 proportioiate interest
of the USE as a member of the joint venture in the work to be
performed by the joint venture. For example, a joist venture which
is to perform So, of of the tract w=k itself and in which a
minority joint venture partner has a so.** interest, shall be deemed
Cquivalmt to having minority participation in 25.Oe of the work.
Minority members of the joint venture trust have either financial/,
( poll,
s"U" A - OF
Laavf"s .1;p/}.5~
AST! L
page 8 Of U
managerial, or technical skills in the work to be performed by the
joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract award
are as follows,
Minority Participation Minority Business Satezwlse
(Percent) Participation (Pare-out)
45 $ 15 $
b. These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment .must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractors percentage is prohibited.
4. Compliance
a. upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi- weekly payroll submittals to the City
* Engineer. The Contractor is to indicate the percent of .minority and
4 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.
IL-23 IRVoctLon MM&rod (Revised 7/5 /00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a.
permit is required and to assure a final inspection
Section B -6 -2 of the Genera Provisions is hereby
amende 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 Bands
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
OWN
secbim a • SP
(Revised u/5/041
aWZ&CM3UW L
_... Page 9 of 24
........... _._._.... .... .. ..
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10 *) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
city Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10 %) of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10 %) of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $200,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
fiction 11 - sp
RRevi"d 12 /15/041
ATM' L
Pogo 19 of 24
A -26 Sumlemental insurance 8equirenonts
For each insurance coverage provided in accordance with Section B -6 -11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In .the.event of cancellation or material change that reduces or restricts
the insurance afforded by this coverage part, each insurer covenants to
mail prior written notice of cancellation or material change to:
3. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 79469 -9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30)
calendar
days after
the date the City Engineer requests
that the Contractor
sign the
Contract documents, the Contractor shall provide
the City Engineer
with a
certificate
of insurance certifying that the
Contractor provides
worker's
compensation
insur ance 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 i nsuranc e 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 indemni fy, 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 i ndemni ty shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
section A - sP
(Revised 12 /35/44)
ATM L
Page 31 of 24
1. Tam Must hXWO at least fiv® (5) yeeWN sesamt.enperience in field
nit and oversight of pMeats of a similar ,size and coW lexity to this
"wt. This experience mast ineltdo, but not necessarily limited to,
scheduLing of manpowr and materials, safety, Oxwdination of ,dubcontnaators,
and familiarity with the SUbmittal Process, federal and state swage rate
rea�uirea tz, and City contract close - out proce.&zes,
2te mqesdntesnnt shall be prssaat, an dw Jab site, apt all Unes that fs
belsW perfosaud.
Z. Fbrem n, if utilized, shall have at least five (5) yaws recent experience in
similar work and be subordinate to t1e. superf nteefldesnt.
Foremen carrot act as eI 'S risa andIent without prior written approval from the
City.
Docsm�atation concerning these requS.xeasatstra will be reviewed by the City zagineer.
The Contractor's .Field administration, staff, and any aWbacquent =* titutims or
repla Ments thereto, must be . approved by the City Roginver in writing prior to swft
supeirintesudest aestsning respsibilit#es on the Project.
SCUM A - eg
• (Rwised .lZ /18/04!
�TSGl�lgP! L
page 12 of 24
Such written approval of field staff is a graregn3site to the city
Engineer obligation to execute a contract fat this Project. If such approval is
not obtained, the aeard 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 mitten approval of the City
Eagiwnetr concerning any substitutincs or replac is in its field adminis tration
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-
# seeksom A - SP
[3laaiS" 12/16 /00
111T'Y L
Page 13 of 24
A-31 Amended Policy on Rutra Wotk and cis Orders
UhSer "CEnet'al PZ:ovisi s and Nq J reemts for M udaipal Cmutzu :tiol Cbntrwts" 8-$ -5 .
Policy cu Sxtra Work and CAB Orders the present text is deleted and replaced with the
following-
mutractor ac;aSOwledge8 that the City has no Obligation to pay for any extra work
for which a change oar has not been signed by the Director of Bnginserisag
Services or his designee. The Contractor also adenowl edges that the City aMane r
may authorize change ostlers which do not exceed $25,000.00. The Qontractor
acbwWUAdgcs that aW change orders in an am== in excess of $25,000.00 must also
be.approved by the City Council.
A-32 11Mndad a33asCUt of c7amtraft• eta
Uader "General Provisions and for "Micipal Constsiact9cn Qostxacts" 8-3 -5
Execution of Contract add the following:
The aw rd of the Contract may be rescinded at any time
weer delivers a contract to the Omtractor uhich bears the the
w of the
City MmWsr, City Se=etary, and City Attorney, or their authorized designees.
Cmtractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City ,obligated to perfom under the Contract, until
the date the City MVineer delivers the signed Contracts to the Ctntractor.
A-33 Caaadf tions of W=k
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. aanbrwagg to
A-34 precedence of contract DOCU=nts
xn .case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second prece
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
A,Te Provisions and Supplemental Special Provisions (if applicable), construction
` Section A - SP
(aeviaea 12/15/04)
A3P L
ftfe 14 of. 24
plans, referenced specifications,
Provisions, in that order.
Standard Specifications, and General
7 577-1
4 Secticm A - SP
(ROWIS" 12 /15/04)
ar.L
Pa** 16 of 24
h -36 Other submittals
1. shop Drawing Submittal The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals.
a. Quantity: Contractor shall suit 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 W , 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 mist schedule the submittals to expedite the
Project, and deliver to the City Sngineer for approval, and
coordinate the submission of related items.
f. Markings Contractor must spark each copy to identify applicable
products, models, options, and other data. supplement
manufacturers' standard data to provide information unique to this
Project,
AMIN
$action A - M
ixav" d 12/15/94)
A TLXCL L
Page 17 of 24
g. variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. space. Requirements: Contractor must. provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
I 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.
2. Samples: The Contractor Must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Re air Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and all
on -site test data within the specified time to the City Engineer for
approval. otherwise, the related egukxgent will not be a roved for use
on the project.
Dished W the �2!trj
A -38 Worker's 2Meensation Coverage for Building or Construction Prolects for
Entities
The requirements of "Notice to Contractors 'Bl" are incorporated by reference
in this Special Provision.
A -40 Amendment to Section B -8 -6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B -8 -6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non- perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
sactsva a - sP
(RBVLMNI 12/15 /04)
AT2aCUMMRT L
Page 28 of 24
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 AdVINOZY NOT DEED
Priming and hot - max paving operations must not be conducted on days for which
an ozone advisory has been issued, except for repairs. The City Engineer will
notify Contractor about ozone alert. If a delay such as this is experienced,
the day will not be counted as a work day and the Contractor will be
compensated at the unit price indicated in the proposal.
A - 42 OSSA 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.
A -43 Amended Indemnification & Sold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" 8 -6 -21 Indemnification & Hold Harmless text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor:, supplier,
materialman, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A-44 Change Orders
Should a change order(o) be required by the engineer, Contractor shall furnish
the engineer a complete breakdown as to all prices charged for work of the
change order (unit prices, hourly rates, sub - contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown
information shall be submitted by contractor as a basis for the price of the
change order.
A -45 As -Suitt Dimensions and Drawl, 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.
(b) Upon completion of each facility, the.Contractor shall furnish Owner
with one set of direct prints, marked with red pencil, to ghow as-
B�Ct#oA A - a8
{Revised 17//D41
ASRACEGM L
page 20 09 24
J_ - ,
built dimensions and locations of all work constructed. AFB a
minimum, the final drawings shall include the following:
(1) Horizontal and vertical dimensions due to
substitutions /field changes.
(2) Changes in equipment and dimensions due to substitutions.
(3) - Nameplate- data on all installed equipment.
(4) Deletions, additions, and changes to scope of work.
(S) Any other changes made.
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A -4s Overhead Bleatzleal hires (7/5/00)
section , - ae
fsevis" 12/15/043
AMTACMMNTa
psge 20 -of 24
Contractor shall comply with all OSHA safety requirements with regard. to
proximity of construction equipment beneath overhead electrical wires. There
are Many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions, etc.,
ro" 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 CM of his
construction schedule with regard to said overhead lines.
Some overhead lines are shoran 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 shoran in the plans or:not.
A -49 Amended ONaintenance Gnarant s (8/24/00)
Under •General Provisions and Requirements for Municipal Construction
Contracts°, 8 -8 -11 Maintenance Guaranty add the following:
"The Contractors guarantee is a separate, additional remedy available to
benefit the City of Corpus Christi. Neither the guarantee nor expiration
of the guarantee period will operate to reduce, release, or relinquish
any rights or remedies available to the City of Corpus Christi for any
claims or causes of action against the Contractor or any other individual
or entity."
A -50 Amended Proseantiom and Pracress
under "General Provisions and Requirements for Municipal construction
{ Contractsff, 8 -7 Prosecution and VMress 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.
few WA ibemg
Section A - Op
Mavis" 12/15104)
ASTACOMM L
Psge 21 og 24
The C0ntV&Ct*r's attention is directed to paragraph 5-4 5 Value Uginecring
Incentive Proc@ftres, of the feral 8rovisions, which states: %After. award of
the contract, the Contractor may develop wad sWmit, to the City Mgineer,
Value Brgineerinq Change Proposals ( sPB) identify potential reductions in
the contract cost by affective changes to the contract plans and
specifications,I' Therefore, the Contractor shall fully ermine the plans,
specifications and contract documents, as well as, that project location,
e mstruction phase schedule in Appendix C, traffic control piano, method of
award, contract calendar days and liquidated dames, and all other major
items involved in the scope of the project to juke for itself the
circumstances and difficulties affecting the work to be performd and obtain
all information required to malts an intelligent propossal , The Contractor s
attention is further directed to paragraph 2-2 -3 Bssamination of plan,,,
rk Specifications and Site of the work, of that ameraal provision In other
wards, the Contractor shall Clete it'ss proposal to the best of it's
ability, as currently provided,
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