HomeMy WebLinkAboutC2023-156 - 8/8/2023 - Approved DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
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SERVICE AGREEMENT NO. 4652
Corpus Christi Water (CCW) Restrooms Remodel
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THIS CCW Restrooms Remodel Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and AZTECA Designs and Construction ("Contractor"), effective upon execution by the
City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide CCW Restrooms Remodel in response to
Request for Bid/Proposal No. 4652 ("RFB/RFP"), which RFB/RFP includes the required
scope of work and all specifications and which RFB/RFP and the Contractor's bid or
proposal response, as applicable, are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide CCW Restrooms Remodel ("Services") in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is seven months beginning on the date
provided in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month periods ("Option Period(s)"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$162,078.50, subject to approved extensions and changes. Payment will be made
Service Agreement-Subcontractors Allowed/Bonds Required
Page 1 of 8
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Magdalena Alaniz
Asset Management
361-826-3557
magdalenaa@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) Contractor shall provide performance and payment bonds in the amount of
1000 of the total compensation under this Agreement if required by law or if
otherwise required by the City. At a minimum, the Contractor will be required to
provide a payment bond if the compensation under this Agreement exceeds
$50,000 and a performance bond if the compensation under this Agreement
exceeds $100,000. Bonds furnished must meet all requirements of Texas Insurance
Service Agreement-Subcontractors Allowed/Bonds Required
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
Code Chapter 3503, Texas Government Code Chapter 2253, and all other
applicable laws and regulations, and be in a form that is reasonably approved by
the City Attorney. If any bonds in excess of the minimums listed in this provision are
required, such additional bond requirements will be as listed in Attachment C.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
Service Agreement-Subcontractors Allowed/Bonds Required
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
Service Agreement-Subcontractors Allowed/Bonds Required
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
IF TO CITY:
City of Corpus Christi
Attn: Magdalena Alaniz
Sr. Project Manager
1201 Leopard St., Corpus Christi, Texas 78401
Phone: 361-826-3557
Fax: 361-826-1989
IF TO CONTRACTOR:
AZTECA Designs and Construction
Attn: Cecilia Castellano
Title: President
Address: 20956 Somerset Rd., Somerset, TX 78069
Phone: 210-375-1900
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
Service Agreement-Subcontractors Allowed/Bonds Required
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
Service Agreement-Subcontractors Allowed/Bonds Required
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement-Subcontractors Allowed/Bonds Required
Page 7 of 8
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
CONTRACTOR
DocuSigned by:
Signature: � UO,
Printed Name: Cecilia Castellano
Title: Pres,dent
Date:6/1/2023
CITY OF CORPUS CHRISTI
ocuSigned by:
9,1t �� ct,t,,,-
FT
Josh Chronley
Assistant Director of Finance - Procurement
Date: 8/14/2023
APPROVED AS TO LEGAL FORM:
Docusigned by: M2023-114
'+ Authorized By
8/14/2023
sistant City Attorney Date Council 8/8/2023
As
Attached and Incorporated by Reference: DS
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: ATTEST:
DocuSigned by:
Exhibit 1 : RFB/RFP No. 4652
Exhibit 2: Contractor's Bid/Proposal Response
Rebecca Huerta
City Secretary
Service Agreement-Subcontractors Allowed/Bonds Required
Page 8 of 8
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
The Contractor shall provide remodeling services for the CCW restrooms at 2726 Holly
Road, Corpus Christi, TX 78415. The Contractor shall have enough responsible,
trained personnel qualified to provide the required services.
1.2 Scope of Work
A. The Contractor shall provide all supervision, labor, transportation, tools, materials,
and equipment necessary for the completion of services. All services must be
performed in accordance with federal, state, local building codes and OSHA
safety requirements, including but not limited to IBC 2015, IPC 2015.
B. The Contractor is responsible for submitting all product specifications for City
Project Manager to review and approve prior to purchase and installation. Allow
14 business days for City submittal review.
C. The Contractor must bring up any concerns or obstructions (pipes, electrical,
flooring, walls, etc.) that could pose an issue to City Project Manager.
D. The Contractor is responsible for maintaining construction area clean and neat
daily. All construction debris must be properly and legally disposed of.
E. The Contractor must field verify all measurements, quantities, and perform a site
inspection with the City Project Manager.
F. All electrical needs must be field verified.
G. Any shutdown of Corpus Christi Waters (CCW) or power must be coordinated with
the City Project Manager 3-5 days in advance.
H. Payment and Performance Bonds - If payment and/or performance bonds are
required, the bonds must be submitted for approval before work can begin on
the project. Insurance must comply with the Insurance Requirements outlined in
this RFB. Bonds must comply with Texas Government Code 2253 and be in the
form approved by the City Attorney.
I. Flooring:
1 . Remove and replace existing floor the in both men's and women's restroom
and men's locker room.
2. Replace floor drain covers with new to match existing. Floor drains shall be
covered and protected from construction debris.
3. The Contractor shall remove existing mosaic floor the in both men's and
women's restroom, men's locker room, and replace with new slip resistant tile.
Tile color/style preference similar to MSI Cementino Gray, 12"x 24" with grout
color 165 Delorean Gray or similar.
Revised 1 1.30.20
Pagel of 6
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
4. The Contractor shall remove and replace all baseboards with tile, beveled 90-
Degree radius from wall to floor.
5. The Contractor shall maintain proper floor slope around floor drains for proper
drainage.
6. Submittals must be provided prior to purchase.
J. Painting:
1 . In both men's and women's restroom prepare, seal, prime, and paint to
watertight conditions all concrete masonry unit (CMU) walls. Color selection
to be determined by Project Manager and approved prior to purchase and
application.
2. The Contractor shall remove any plastic wall anchors, screws, etc. and caulk
fill in prior to painting.
3. Prep, prime, and repaint lockers. Color selection to be determine by Project
Manager and approved prior to purchase and application.
4. Doors and door frame shall be painted. Existing paint that is falling off or flaking
shall be wired brushed prior to application of new paint. Color selection to be
determined by Project Manager and approved prior to purchase and
application.
5. The Contractor shall prepare all painted surfaces in accordance with
manufacture specifications.
6. The Contractor shall achieve a cohesive coat of paint on all walls/areas
acquiring paint.
7. The Contractor shall properly prep the restrooms to protect any areas not
acquiring paint.
8. Paint residue shall be wiped clean off all other surfaces not painted.
K. Dispensers:
1 . In both men's and women's restroom remove and re-install existing toilet
paper dispensers. Unused holes shall be filled in.
2. Remove and re-install paper towel dispensers.
3. Remove and re-install soap and sanitizing dispensers.
L. Lighting & Ceiling:
1 . In both men's and women's restroom upgrade by replacement all existing
overhead fluorescent lighting with surface mounted 48" x 12" LED slim fit/flat
panel, wet rated, Dimmable for Field Selectable correlated color temperature
(CCT) ranging from 3000K, 3500K, and 4000K at 1260 Lumens.
Revised 1 1.30.20
Page 2 of 6
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
2. Upgrade by replacement and/or retrofit 9"/10" LED recessed lighting, wet
rated, Dimmable for Field Selectable with correlated color temperature (CCT)
ranging from 3000K, 4000K, 5000K.
3. Replace wall mounted ceiling light switches with wall mounted dimmable
controls. Covers shall be white.
4. Remove and replace ceiling diffuser and return air grille.
5. Submittals must be provided prior to purchase.
M. Vanity/Countertops:
1 . The Contractor shall remove existing mirrors and replace with wall-to-wall
frame-less mirrors.
2. Remove and replace countertops with 3CM solid surface - Corian type.
Including 3CM backsplash and face edge to match. Color Preference: See
Arrowroot Corian Design. Submittals must be provided prior to purchase.
3. Install solid surface removable apron protective panels under countertops.
See exhibit 1 .
4. Install blocking as required.
5. Remove and replace five sinks with under-mount rectangular, solid surface
seamless sinks molded into countertops in both men's and women's restroom.
Submittals must be provided prior to purchase.
6. Replace all five sink faucets with automatic/touchless sensor faucets, chrome
finish.
7. The Contractor shall replace p-traps, water hoses, fittings, escutcheon plates,
etc.
8. Submittals must be provided prior to purchase.
N. Toilet Compartments:
1 . Remove and replace toilet stall partitions, including stall doors, in both men's
and women's restroom with overhead braced/floor mounted solid plastic
panels (e.g. HDPE panels). Color Preference/Style similar to: Scranton
Charcoal Grey
2. Remove and replace urinal partitions with solid surface panels (e.g. HDPE
panels).
3. The Contractor shall remove and reset grab-bars. Install blocking as necessary.
Must be set to its original ADA compliance heights.
4. Remove and replace toilets and control valves with automatic flush valves.
5. Remove and replace urinals and control valves with automatic flush valves.
6. Submittals must be provided prior to purchase.
Revised 1 1.30.20
Page 3 of 6
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
O. Men's Restroom-Shower Specifics:
1 . Remove and replace shower control valves and shower heads.
2. Install anti-siphon recessed hose bibb with ball valve in shower.
3. Remove and replace wall and floor the in shower with new.
i. Mosaic Floor Tile, similar to style Jeffrey Court Emperador Mix Square
Honed Cream/Brown
ii. Wall Tile, similar to style MSI City Grigio, 4"x12" Ceramic Subway Tile
4. Replace any damaged shower enclosure with Durock cement board or
similar. Add waterproof membrane.
5. Replace bench in dry area with new to match existing in style and color.
6. Install new hanging towel rod above new bench and two hanging towel
hooks above dry space.
7. Install new curtain rod to match existing.
8. Repair damaged wall and install corner guard in men's locker room.
9. Replace baseboard in locker room with new Roppe 4" Black Vinyl base.
P. Women's Restroom-Shower Specifics:
1 . Remove and replace shower control valves and shower heads.
2. Install anti-siphon recessed hose bibb with ball valve in shower.
3. Remove and replace wall and floor the in shower with new.
i. Mosaic Floor Tile, similar to style Jeffrey Court Emperador Mix Square
Honed Cream/Brown
ii. Wall Tile, similar to style MSI City Grigio, 4"x12" Ceramic Subway Tile
4. Replace any damaged shower enclosure with Durock cement board or
similar. Add waterproof membrane.
5. Install new hanging towel rod above new bench.
6. Install custom tempered glass shower door at opening of dry space above
shower curb with stainless tubular back-to-back handle.
7. Shower door framing will be aluminum. Clear silicone sealant shall be
applied at seams between shower framing and shower walls.
8. Submittals and/or shop drawings must be provided prior to purchase.
Revised 1 1.30.20
Page 4 of 6
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
Q. Accommodations:
1 . The Contractor will need to provide portable trailer restrooms, to include air
conditioning/heating and lighting of trailer. Restrooms shall have enough units
for men and women (minimum of nine units). ADA accessibility to be included.
Septic services must be included. Must provide an auxiliary water tank.
Connections will not be done by the City, this includes power, water line,
septic. Portable restrooms shall be made available throughout the duration of
the project. Portable restrooms are to be maintained and serviced according
to recommendations. Location/stagging has been determined.
1.3 Restroom Remodel Plans
See Exhibit 1, Pages 1-5 for Floor Plans.
1.4 Invoicing
A. The Contractor can submit monthly progressive invoices for services to the City,
granted the amount invoiced is in correlation to the services render. Invoices shall
include:
Work description. purchase order number, service agreement number, location
and date of service and labor hours, and receipts for any and all material.
B. Invoices shall be sent as follows:
1 . Original copy to Accounts Payable address:
City of Corpus Christi, Attn: Account Payable, PO Box 9277, Corpus Christi,
Texas 78469-9277
2. Copy to Contract Administrator facilitymaintenanceinvoicinq@cctexas.com
C. Approval for payment shall be authorized by the Contract Administrator or
Project Manager.
1.5 Special Instructions
A. Allowances will be used at the City's discretion in the event of unforeseen
conditions or conflicts are encountered during construction that warrants the use
of the Allowance funds. If the use of Allowance funds become necessary, the
City Project Manager will provide written authorization at a cost negotiated
between City and Contractor. No work is to be performed under the Allowance
term without authorization from the City Project Manager. There is no guarantee
that any of these funds will be needed during the course of the work and only be
used on an as needed basis.
B. The Contractor shall report to the Project Manager or designee at the location
upon arrival.
C. Any unauthorized changes or services performed by the Contractor will be at the
responsibility of the Contractor and not Asset Management-Facility
Maintenance.
Revised 1 1.30.20
Page 5 of 6
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
D. After hour or holiday work must be pre-approved by City Project Manager and a
day's notice must be given.
E. The Contractor shall clean and haul away all debris.
F. The Contractor shall commence work no more than TBD days from date of notice
to proceed.
G. After completion of inspection, the Contractor shall report back to the Project
Manager or designee.
Revised 1 1.30.20
Page 6 of 6
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DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
ATTACMENT B: BID/PRICING SCHEDULE
S -
0 CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
RFB No. 4652
CCW Restrooms Remodel
Date: April 25, 2023 Authorized
Bidder: AZTE(:A j)-esigns and CQn5t[LlrfiQ Signature:
tSIdent
I
1. Refer to "Instructions to Bidders" and Contract Terms and Cond?jgns before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
cl. Bidder acknowledges r ceipt and review of all addenda for this RFB.
DESCRIPTION QTY UOM UNIT PRICE TOTAL PRICE_,._.
Labor - Repairs & Lump $ 78,500.00
Upgrades to Restrooms Sum
Temporary Portable Trailer Lump $ 15,000.00
Restrooms Sum
SUBTOTAL $ 93,500.00
DESCRIPTION ESTIMATED MARK UP ESTIMATED SPEND
SPEND % + MARK UP %
Parts and Materials $48,590.00 15 % $ 55,878.50 $ 55,878.50
.....................
ALLOWANCES FOR 1 N/A $12,700.00
UNFORESEEN CONDITIONS
SUBTOTAL $ 68,578.50
GRAND TOTAL $ 162,078.50
Addendum No.2 Page I of I
...............
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
ATTACHMENT C: INSURANCE REQUIRMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1,000,000 Per Occurrence
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
Page 1 of 3
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
Page 2 of 3
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination
of coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2023 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
O1/01/2023 Risk Management - Legal Dept.
Page 3 of 3
DocuSign Envelope ID: D0384A47-BB66-4667-B51A-C92C018BCF4F
ATTACHMENT D: WARRANTY REQUIREMENTS
A. Covered warranty on new installation shall be one year or better for all labor
and workmanship.
B. Covered warranty on new installation shall be one year or better for all new parts
and materials, and/or new equipment.
C. Warranty on all repairs shall be one year or better for all labor and materials. Any
additional service call to repair deficiencies previously addressed will not be
considered for payment.
D. Contractor shall provide manufacture warranty documents at the time of final
completion.
Page 1 of 1