HomeMy WebLinkAbout04-06-09 Regular Meeting of the La Porte Development Corporation Board of Directors
2
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
April 6, 2009
1. Call to order
President Pat Muston called the meeting to order at 6:00 p.m.
Members Present: Muston, Moser, Love, Matuszak and Beasley.
Members/Officers Absent: Clausen and Engelken
Staff Present: City Manager Ron Bottoms, Assistant City Manager John Joerns, City Secretary Martha
Gillett, Finance Director Michael Dolby, Economic Development Coordinator Debbie Westbeld and Assistant
City Attorney Clark Askins.
Others Present: Ted Powell, Katherine Aguilar, Phillip Hoot, Horace Leopard, Carol Christian of Houston
Chronicle and David and Mary Hyatt.
2. Consider approval of the March 2, 2009 minutes of the Regular Called Meeting of the La Porte Development
Corporation Board.
A motion was made by Board Member Love to approve the March 2, 2009 minutes of the La Porte
Development Corporation Board. The motion was seconded by Board Member Matuszak. The motion
carried.
Ayes: Muston, Moser, Love, Matuszak and Beasley
Nays: None
Abstain: None
Absent: Clausen and Engelken
3. Receive updates from city staff on following projects:
City Manager Ron Bottoms and Economic Development Coordinator Debbie Westbeld provided an update
on the following:
. Sylvan Beach Shoreline Project
Ms. Westbeld informed the board the contract would be let in mid April. The anticipated
completion date is October/November 2009.
. Town Plaza
Ms. Westbeld informed the board this project is moving along. Bids are to be opened on April
17,2009. The item will be taken before City Council for approval on April 27, 2009.
· Gateway Project
Ms. Westbeld informed the board this project is moving along.
. Request for Qualification for restaurant operator at 912 W. Main S1.
Ms. Westbeld reported no proposals were received. They met with a consultant
recommended by Russell Ybarra. His fee to assist with a restaurant search would be
approximately $9,600.00.
. Grant - Economic Development Administration
Ms. Westbeld reported there was nothing new to report.
. Port Theatre
Ms. Westbeld reported there was nothing new to report.
. "Alamo Building"
Ms. Westbeld reported this project is moving forward and awaiting permit approval.
. Economic Development Strategic Plan
Ms. Westbeld reported this project is moving forward.
. Branding Campaign
Ms. Westbeld reported this project is moving forward.
. Economic Alliance Marketing Campaign
Ms. Westbeld advised they were moving forward with their brochure.
. Comptroller's Report
Ms. Westbeld advised the board of the report provided.
Lastly, Ms. Westbeld showed the miniature sculptures of the mermaids being considered as art for the Town
Plaza area.
4. Executive Session- pursuant to provision of the Open Meetings Law. Chapter 551 Texas Government Code,
Sections 551-071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property,
deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security
devices, or excluding a witness during examination of another witness in an investigation, deliberation
regarding Economic Development Negotiations).
A. Section 551.072
(Deliberation regarding purchase, exchange,
lease or value of Real Property)
Meet with City Manager
and City Attorney to
discuss possible purchase
of real property
B. Section 551.072
(Deliberation regarding purchase, exchange,
lease or value of Real Property)
Meet with City Manager and
City Attorney to discuss Block 1032
and 1149, Town of La Porte
C. Section 551.072
(Deliberation regarding purchase, exchange,
lease or value of Real properties)
Meet with City Manager and
City Attorney to discuss possible
purchase or exchange of tracts
of real properties
The Board Adjourned to Executive Session at 6:17 p.m.
The Board reconvened to Regular Called Meeting at 6:44 p.m.
There was no action taken in the Executive Session.
5. Board Comments
A. Matter appearing on agenda
B. Inquiry of staff requiring a statement of specific factual information or a recitation of existing policy.
6. There being no further business to discuss, the La Porte Development Corporation Board adjourned the
Regular Meeting at 6:46 p.m.
Respectfully submitted,
/J;~~$
Martha Gillett,
City Secretary TRMC, CMC
Passed and approved on thisl ~y of ~ 2009.
Pat Muston, President
!1J- ftw~
3
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA ITEM
Agenda Date: IApril 27, 2009
Requested By: IDebbie Westbeld
Department: ICity Manager/EDC
~
Source of Funds: IEDC
Account Number: 103860305655007
Report:
r Resolution:
r
Ordinance:
r
Amount Budgeted:
Exhibits:
IA La' Cart Contract
Amount Requested:
I
19,600.00
YES r
Budgeted Item:
NO f7
Exhibits:
Exhibits:
We have negotiated a contract for professional service with A'La Carte Foodservice Consulting Group for a food
service concept development strategy for the 912 W. Main Street building in the Main Street District. The major
components of this contract are (1) review current Main Street revitalization plan, and determine the
expectations of the food and beverage concept(s) to be provided within the 912 W. Main St. building, (2) review
all available information provided, (3) tour market area, assess available spaces, and observe existing restaurant
operations, (4) determine customer profile and appropriate restaurant concepts to recommend for consideration
(5) provide a written economic model including an estimated opening budget, and annual income projections,
(6) prepare written recommended structure(s) for landlord-tenant relationship, and (7) assist client with selection
of restaurant tenant-operator and represent Client's best interests during the deal structuring phase.
The total cost of the contract is $9,600.
This Consultant will provide the services outlined at the following rate schedule:
50% = $ 4,800.00 due upon execution of agreement
50% = $ 4,800.00 due upon completion of project.*
o
Action Required by LPEDC:
Consider approval of professional services agreement between the La Porte Development Corporation and A'La
Carte Foodservice Consulting Group and authorize funding of $9,600.
r{~~
Date
A'LA CARTE CONTRACT
CONSULTANT: A'LA CARTE FOODSERVICE CONSULTING GROUP
14125 Memorial Dr. Suite 104, Houston, Texas 77079
Hereinafter termed "Consultant"
CLIENT: MR. RON BOTTOMS
CITY OF LA PORTE
604 W. Fairmont Parkway, La Porte, Texas 77571
Hereinafter termed "Client"
SUBJECT: FOODSERVICE CONCEPT DEVELOPMENT STRATEGY
FOR MAIN STREET DISTRICT IN LA PORTE, TEXAS,
Hereinafter termed "Project"
DATE: May 4,2009
I. EXHIBITS AND CONTRACT DOCUMENTS:
Proposal for management and/or consultant services beginning May 4,2009.
Whereas Consultant and Client wish to do business as follows.
II. AGREEMENT:
Consultant agrees to perform services for the Project as described hereinafter and
as approved by Client. Client shall pay professional consulting fees and pre-
approved incidental expenses in direct conjunction with the Project. Fees for
professional services shall be billed by A'la Carte Foodservice Consultants to the
Client at the fixed fee agreed upon at the time of the binding agreement.
III. SERVICES OF THE CONSULTANT:
Consultant will meet with the client and/or her representatives as needed in order
to work on the project related items listed below:
A. Foodservice Plan, Step 1: Meet with client, review current Main
Street revitalization plan, and determine the expectations of the food and beverage
concept(s) to be provided within the 912 W. Main St. building. Review all
available information provided. Tour market area, assess available spaces, and
observe existing restaurant operations. Determine customer profile and
appropriate restaurant concepts to recommend for consideration. Provide a written
economic model including an estimated opening budget, and annual income
projections. Prepare written recommended structure(s) for landlord-tenant
relationship. Assist client with selection of restaurant tenant-operator and
represent Client's best interests during the deal structuring phase.
Page 2 - La Porte Main Street Project
IV. CONSULTANT FEES:
Consultant will provide the services outlined in section III at the following rate
schedule:
A Total Fee of Nine Thousand Six Hundred Dollars and no cents ($ 9,600.00)
payable as follows:
50% = $ 4,800.00 due upon execution of agreement
50% = $ 4,800.00 due upon completion of project. *
*Estimated project completion = May 31, 2009
V. REIMBURSABLE EXPENSES:
Consultant or members of his staff are entitled to reimbursement of out-of-pocket
expenses made on behalf of Client. Such expenses, however, shall be pre-
approved by Client. Consultant shall submit a detailed expense report for out-of-
pocket expenses, supported by receipts.
VI. PAYMENT OF INVOICES:
Invoices are due and payable within five days of receipt. A late charge of 1.5%
per month on any unpaid balance shall be applied cumulatively on all balances
unpaid over thirty (30) days.
VII. COLLECTION:
In the event it is necessary to enforce the terms of this agreement by legal
proceedings, Client agrees to pay Consultants legal fees and such other costs
required.
VIII. DISCLOSURE:
Client agrees to provide Consultant with information vital to the professional
execution of duties as contracted for between Client and Consultant. Access to
Client's Jobsite is required for execution of duties. Involvement in decision-
making procedures is also required in order for Consultant to maximize results of
his efforts.
IX. TERMINA TION OF CONTRACT:
This agreement may be terminated by either party upon fifteen (15) days written
notice. Upon such termination all fees due through that date and all expenses are
immediately due and payable All job records, other than copies necessary for
compliance with income statutes, will be surrendered by Consultant to Client
upon payment in full.
Page 3 - La Porte Main Street Project
X. OWNERSHIP OF DOCUMENTS:
Documents, drawings, designs associated with this Project are the intellectual
property of the Client. Consultant agrees to maintain confidential and not to
disclose to any third party any information, data, records, trade secrets, or other
information delivered to Consultant by Client in connection with the services
rendered by consultant hereunder on behalf of client. Furthermore, Consultant
agrees that all information, data, trade names, logos, trade secrets, which are the
property of Client shall not be used by Consultant either on his own behalf or for
use by any third party to enable either Consultant or any such third party to
engage in the restaurant or any similar or related business.
XI. PROFESSIONAL RECOGNITION:
Consultant is entitled to professional recognition for his contribution to the
Project. Consequently, Client shall allow reasonable access, which does not
interfere with normal operations, for such purposes as photography by Consultant
for a portfolio or brochure illustrating completed projects.
XII. OTHER POINTS:
Consultant will not assume responsibility for the accuracy or contents of reports,
sketches, rendering, specifications or other materials prepared by others and
supplied by Client to Consultant as well as information supplied directly from
Client to Consultant. Consultant will not assume responsibility for the
workmanship of any contractor, sub-contractor or laborer hired by Client, nor
for the faulty use or placement of materials of the project. This agreement shall be
binding upon the heirs, administrators, successors and assigns of both parties.
WITNESSETH:
Whereof the parties hereto have made and executed this Agreement,
Mr. Ron Bottoms I City of La Porte
Mr. Chris Tripoli I A'La Carte Consulting Group
date
date
4
REQUEST FOR LPEDC AGENDA ITEM
Agenda Date Requested: Mav II, 2009
Budl!et
Requested By: Ron Bottoms
Source of Funds:
LPEDC Fund 038
Department:
Administration
Account Number:
Amount Budgeted: $2,700,000
RepOli:
Resolution:
Ol-dinance:
Exhibits:
Bid Tabulation
Amount ReqUe~
Budgeted Ite~
'P 1I1Q -"'?II
~ ~
Exhibits:
Low bid submittal
NO
Exhibits
SUMMARY & RECOMMENDATION
On April 22, 2009 purchasing opened bids on the Town Plaza project. Attached is the bid summary that indicates
that CF Jordan is the low bidder at $2,0 19J1OO. Through our architect we requested that CF Jordan suggest
opportunities for value engineering. In reviewing the contractor's suggestions staff is recommending a $29,480 bid
reduction to $1,989,520, plus a $50,000 contingency for a new total of $2,039,520. Initial project estimates placed
the cost of the project at $1.5 to $2.0 Million. We received a total of nine (9) bids and feel very comfortable that this
bid is reflective of the current costs. The proposed construction time franle is 180 days.
The LPEDC budgeted $2.7 Million for this project, with an additional $50,000 contingency for capital projects. The
revised total budget for the plaza, which includes construction, lcmd acquisition, professional services imd the tank
removal is $$2,981,520, or $231,520 over the budgeted amount - including the contingency. Included in the $2.7
Million that was budgeted is for the purchase of the Texas Parks and Wildlife property for $450,000, which at some
point will come back to the LPEDC. The LPEDC will need to amend their budget to reflect the increase of
$231,520. The project should be complete by Christmas.
Action Required bv LPEDC:
mend approval of awarding the Town Plaza constmction bid to CF Jordan for $1,989,520,
nelu 'ng a $50,000 contingency, for a total cost of $2,039,520 and approving a budget amendment of
$231, 20 for the Town Plaza project.
1;' h t~
Date
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April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
(C(Q)fPY
Total amounts bid for TOTAL BASE BID AMOUNT include all costs, commissions, overhead, permits,
and payments required and necessary for the complete work as specified.
INVe acknowledge receipt of the addenda listed below and the total bid price has been adjusted
accordingly.
Addendum # 1, Addendum # 1 - Part 2,
1.
2.
Addendum # 2 and Addendum # 3
In submitting the Bid, l/We, do so with the understanding that all Contract Documents, Drawings,
Specifications and Addenda are completely understood and that there is no doubt as to the intent and
scope of the work to be accomplished.
If INVe are notified of the acceptance of this BID, INVe will:
(a) Furnish Payment and Performance Bonds in accordance with approved forms, to be paid by
me/us for the proper completion of the work as specified and in the time allotted, the said bonds
to be issued for one hundred percent (100%) of the amount of the total contract sums. Said
Bonds shall conform to the laws of Texas.
(b) Furnish a contractual schedule satisfactory to owner immediately after written notice to proceed.
The undersigned acknowledges that the Contract entered into by and between the City and the Bidder
will be a "separated contract" under Sections 151.056(b) and 151.011(a) of the Texas Tax Code and
Comptroller's Rule 3 T AC, Section 291, and the undersigned submits the following amounts for use as
the separated contract amounts for use in the Contract if the undersigned is the successful Bidder:
The Price of In-place Materials to be incorporated into the Project:
$ 7{)~ OO/)
$ /, 3/~,(}"O
.
$ 2.., ~/9" of)t)
.
______" --Ih~,j~.9iLabol, Profit, Materials not In-Place and all other ch~es~_______
1} TOTAL: (Must AQree with TOTAL BID PRICE):
~ol\
t ~11
ADDENDUM 2
BID PROPOSAL
Bidder's Initialsc...>>\
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
BID PROPOSAL
To: City of La Porte
2963 N. 23rd Street
La Porte, TX 77571
GENTLEMEN:
THE UNDERSIGNED BIDDER, having examined the plans, specifications, and other proposed Contract
Documents, and all Addenda thereto and being acquainted with the fully understanding:
(a) the extent and character of the work covered by this proposal;
(b) the location, arrangement, and specified requirements for the proposed work;
(c) the location, character, and condition of existing facilities, pavements, walks, driveways, gutters,
trees, and utilities, which may affect or be affected by the proposed work;
(d) the natural and extent of the work to be made, and the type, character and general condition of
materials to be excavated;
(e) the difficulties and hazards to the work which might be caused by bad weather;
(f) local conditions relative to labor, transportation, hauling an rail delivery facilities;
(g) all other factors and conditions affecting or which may be affected by the work.
WE HEREBY PROPOSE to furnish all required materials, supplies, equipment, tools, and to perform all
necessary labor and supervision; and to construct, install, erect, equip, and complete all work stipulated
in, required by, and in accordance with the contract documents and the plans, specifications, and other
documents referred to therein (as altered, amended, or modified by all addenda thereto) for and in
consideration of the following prices:
ADDENDUM 2
BID PROPOSAL
Bidder's Initials Jf'N,
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
The undersigned also acknowledges that prior to execution of the Contract he will furnish "separated
contract" amounts for any Alternatives or Unit Prices accepted by the Owner.
It is agreed that, in the event the undersigned fails to enter into such contract and furnish such bonds
within the time and in the manner required, the bidder will forfeit to owner, as liquidated damages, t
bidder's bond, as provided in the specifications.
TIM E OF COM PLETION
The Contractor shall begin work within ten (10) days after date of written authorization by th~ Owner's
RepresentaJjve. The work to be performed under this contract shall be substantially completed in
I ~ 0 calendar days plus any extended days allowed by the Owner's
Representative in accordance with the Specifications. For each calendar day that the work is not
substantially complete after the expiration of the time as calculated [ten (10) days from written
authorization plus Consecutive Calendar Days plus Extended Days] the sum of Five Hundred and 00/100
Dollars ($500.00) per calendar day will be deducted or to become due the Contractor, not as a penalty,
but as LIQUIDATED DAMAGES and added expense for supervision.
Having successfully examining the GENERAL CONDITIONS and the SUPPLEMENTARY CONDITIONS
and SPECIAL CONDITIONS, the Plans, the Specifications and Addenda thereto, as URS Corporation,
the Architect on this project, as well as the premises and all conditions affecting the Work, the
undersigned proposes to furnish all labor, materials and equipment necessary to achieve final completion
of the Work in accordance with the Contract Documents for the following sums:
As a supplement to the Lump Sum pricing the City of La Porte requests the following items priced as they
are units and sums that are part of your bid. These items will be used to evaluate the costs associated
with the lump sum pricinQ and to Qain an understandinQ of your lump sum price.
Item Unit Unit cost Quantity Total
Bonds and Insurance Lump Sum 52J c9~ 1 5~ OOQ
Lump Sum :J-O 1000 _ tlJ 1 .
Mobilization dO,OOO
Excavation CY I)~OD GBS- 14,li'Z~
d"v.
Concrete Textured N/A N/A N/A N/A
6 inch CY 3 S-O ro S-B~ U4 t o~o
~ch 1 O-inch - there is not CY 8<;;;0 co 30 ~O, 3m ~....
Any 8-inch on the project N/A N/A N/A N/A
Select Fill Material CY ,I q (J() S-63 111Ory1
2'0. 00 31lo biOOO
Stabilizing Sand CY
.~CO 755 ' "
Street Curbing d- (w f:
LF .......
'5 '1'0 B8.~() 0
Structural Steel Tons _,:2. 00.- ;2/p
, 3~.~ ,
Aluminum Cladding SF /070 3~ ~,t~C)
Plumbing 4" LF 4~OO 180 "'J74V
2" LF .Z\~ OD go "2,000
1" LF "3 <1 ()1) 20 140
Electrical Pricing LF c; . JJ,E / f tPJ19 /0904-0
, .
13,30f
I
ADDENDUM 2
BID PROPOSAL
Bidder's InitialsJf1L
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
The undersigned also acknowledges that prior to execution of the Contract he will furnish "separated
contract" amounts for any Alternatives or Unit Prices accepted by the Owner.
It is agreed that, in the event the undersigned fails to enter into such contract and furnish such bonds
within the time and in the manner required, the bidder will forfeit to owner, as liquidated damages, t
bidder's bond, as provided in the specifications.
TIME OF COMPLETION
The Contractor shall begin work within ten (10) days after date of written authorization by the Owner's
Representative. The work to be performed under this contract shall be substantially completed in
calendar days plus any extended days allowed by the Owner's
Representative in accordance with the Specifications. For each calendar day that the work is not
substantially complete after the expiration of the time as calculated [ten (10) days from written
authorization plus Consecutive Calendar Days plus Extended Days] the sum of Five Hundred and 00/100
Dollars ($500.00) per calendar day will be deducted or to become due the Contractor, not as a penalty,
but as LIQUIDATED DAMAGES and added expense for supervision.
Having successfully examining the GENERAL CONDITIONS and the SUPPLEMENTARY CONDITIONS
and SPECIAL CONDITIONS, the Plans, the Specifications and Addenda thereto, as URS Corporation,
the Architect on this project, as well as the premises and all conditions affecting the Work, the
undersigned proposes to furnish all labor, materials and equipment necessary to achieve final completion
of the Work in accordance with the Contract Documents for the following sums:
As a supplement to the Lump Sum pricing the City of La Porte requests the following items priced as they
are units and sums that are part of your bid. These items will be used to evaluate the costs associated
with the lump sum pricinq and to qain an understandinq of your lump sum price.
Item Unit Unit cost Quantity Total
Bonds and Insurance
Lump Sum
() () t1
Excavation
CY
Mobilization
Lump Sum
1
1
00 SJ.5
Concrete Textured N/A N/A N/A
-----o-in-ch--------Cy-----6-5-1J-.~- - Stf ~
~ch 1 O-inch - there is not CY () . V '3 ~
Any 8-inch on the project N/A N/A N/A
~ 5?~
:3tJO
755
Select Fill Material
CY
Stabilizing Sand
00
-
CY
Street Curbing
LF
Structural Steel
Tons
Aluminum Cladding
SF
Plumbing
4"LF
2" LF
,;2-5. ~
3 ~
02 () po
7ftl
lJ'/-o
Ii
1" LF
Electrical Pricing
LF
4DDENDUM 2
BID PROPOSAL
Bidder's Initials..J.f1L
L
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
'5. ~{)p.~
/ ~O
IP cameras # () () V. /'
Pipe Bollarcis-~-----------#-----------1G-~ ~ ____2~ __n
19 . qg... 10
Tree Grates # t:' O/. ---
Lo h I () (). e!-
Ig tpo e removal # --
Lighting - Type P1
Pole Lights
number
Up Lights
number
Down Lights
number
Tree Small
Lights #
Lighting - Type U1
Lighting - Type 01
Lighting - Type D2
Neon Lighting LF
Irrigation System LF
Mulch CY
Perimeter Fence LF
Metal Benches #
Trash receptacles #
Drinking Fountain #
Rectangular Fountain 1
Oblong fountain 1
Audio system
Wifi system
Lum p sum
Welcome Bench Concrete
Broadway Gate
Pavilion
South Gate
4,133
65
e )?-- 5'0
I ()P . e9-- 25
I 01) J ~ 10
()OP. 0"" 1
:L5 ~ fJi) . 91) 1
~
00 1
3& ()p~. ~
Wi Wifi 1
ADDENDUM NO.2
~
() D . iJ;Jl
75 ~()O .f;$>
150 ~ . ~
ADDENDUM 2
BID PROPOSAL
34
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1
1
1
1
Bidder's Initials-JfN
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
IMle agree and understand that Owner reserves the right to accept or reject any or all bids.
Company Name: C.F. Jordan, L.P
By~g f~~ JavF.Nelson
Vice President
Title:
Address: 9801 Westheimer, Suite 320, Houston, TX 77042
Date: April ] 7. 2009
Notary Seal:"
~,,,,"\~V~::',,
..:'..~,.....~t."''"
~~( "f~
\~}" ..\~~f
"'11f,~{11\\\''i
JAMIE PATRICE HUFF
Notary Public, State of Texas
My Commission Expires
May 02, 2012
Notary:
My Commission Expires: May 2,2012
ADDENDUM 2
BID PROPOSAL
Bidder's Initials .JfN
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_ _ _ __ ___9:> ___
Safeco Insurance Co. of America
BID BOND
The American Institute of Architects,
A.IA. Document No. A-310 February, 1970 Edition
KNOW ALL MEN BY THESE PRESENTS,
That we, C.F. Jordan. LP as Principal, hereinafter called the Principal, and Safeco Insurance Co. of
America, a corporation duly organized under the laws of the State of Wash in at on, with its Home Office in
the City of Seattle, in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of La Porte. Texas. 604 West Fairmont Parkway. La Porte. Texas 77571 as obligee, hereinafter
called the Obligee, in the sum of five percent of bid amount Dollars ($5% of bid amount), for the payment
of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Five Points Town Plaza Project. 101 Broadwav.
La Porte. Texas 77571.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in force and effect.
-Signed-and-sealed this-17th-day-of-ADril-kB.--2009; - -- - -- --
C.F. Jordan, \ ~I
~
V.?
(SEAL)
(Title)
Safeco Insurance Co. of America
~
(Witness)
Figure: 28 TAC ~1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 Vou may contact Home Office Surety at
(206) 473-3799.
AVISO IMPORTANTE
Para obtener informacion 0 para someter una
queja:
Usted puede contactar a servicio de la oficina
principal de Safeco Surety al: 206-473-3799.
3 Vou may call (company)'s toll-free telephone Usted puede IIamar al numero de telefono
number for information or to make a complaint gratis de (company)'s para informacion 0 para
at: someter una queja al:
(800) 472-5357 Surety Option #7
4 Vou may also write to Safeco
Insurance Company at:
Safeco Plaza
Seattle, WA 98185-0001
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
(800) 252-3439
6 Vou may write the Texas Department of
Insurance:
(800) 472-5357 Surety Opci6n De #7
Usted tambien puede escribir a Safeco
Insurance Company:
Safeco Plaza
Seattle, WA 98185-0001
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos 0
quejas al:
(800) 252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
- - _.Austin,.TX IBI1.4=9104___.__
Fax: (512) 475-1771
Web: http://WNW.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
P.O. Box 149104
_ ___ __ __ _ _ __ .Au\?tjn,_JX 16.7j.4:-91ll_4_ n_____ _ ____ ____
Fax: (512) 475-1771
Web: http://WNW.tdLstate.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
(agent) (company) (agent or the company)
first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO VOUR POLlCV:
This notice is for information only and does not
become a part or condition of the attached
document.
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima 0
a un ree/ama, debe comunicarse con el
(agente) (Ia campania) (agente 0 la compania)
primero. 5i no se resuelve la disputa, puede
entonces comunicarse con el departamento
(TDI).
UNA ESTE AVISO A SU POLlZA: Este aviso
es solo para proposito de informacion y no se
convierte en parte 0 condicion del documento
adjunto.
~ Liberty,
~ Mutual,
POWER
OF A TIORNEY
Safeco Insurance Compan y 01 America
General Insurance Company of America
1001 4th Avenue
Suite 1700
Seattle, WA 98154
KNOW ALL BY lHESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, eadl a
Washington ca-poration, does each hereby appoint
....~x-<<.....-""'-<<-x-..:-,.""-H*"""*""...GEORGIANNE MILLIKEN; JOHN M. RINDT; EI Paso, Texas.......x..".x-..:...-...""'-".".."..........--...,...,
No.
3219
its true and lawful attorney(s)-in-fact, with full authority to execute on its behaf fidelity and surety bonds or undert~ings and o1her
dOaJments of a similar character Issued in the course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each exewted and attested these presents
this
21 st
March
2009
day of
1ftx-flf ~f /11
.
\AA~~'
Dexter R. LeQQ. Secretary T1mo1hv A Mlkolalewskl, Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS '" the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety cperations, shall eadl have autha-ity to appoint individuals as
attorneys-In-fact or under other appropriate 1itles with authority to execute on behalf of the company fidelity and surely bonds and
other documents of similar character issued by the company in the course of its business.. On any instrument making or evidendng
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undert~ing.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
- "On any.certificate exeaJted by the Secretary. or an assi.stanj s~retary of !he _CCX]]pan,y _~1ti~g out,..
(I) The provisions ot Artide V, Section 13 of the By-laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuanlthereto, and
(iii) Certifying that sad power-at-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, Dexter R. Legg Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the SOad of Directors of these
corporations, and of a Power of Attorney issued pursuant there1o, Cl'e lrue and corred, and that both the By-Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
17th
day of
April
2009
1M. ~f/11
Dexter R. Legg, Secretary
5-0974105 3109
WEB PDF
EJCDC
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT(STIPULA TED PRICE)
THIS AGREEMENT is by and between
Citv of LaPorte
(Owners) and
C.F. Jordan, L.P.
(Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Five Points Plaza is located at East Main Street, South Broadway, and East A Street. San Jacinto Street will
abandoned by the City
Construction of all paving, landscaping improvements, hardscape, furniture, trash receptacles, all lighting, irrigation
system, and architectural features,( Pavilion, Broadway Gate, South Gate and the welcome concrete bench) for Five
Points Plaza. Work at Five Points Plaza will also consist of new street curbs, street markings, storm sewer work, water
lines, electrical power main feed and branches, wifi system, audio system, and IP cameras.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Construction Plans for Five Points Plaza a park for the City of LaPorte Texas
ARTICLE 3 - ENGINEER
1.0lThe Project has been designed by:
URS Corporation
9801 Westheimer, 101
Houston, Texas 77042
(Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority
assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time is of the Essence
Contract Duration is 180 Calendar Days.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-1
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before
and completed and ready for final payment in Paragraph 14.07
December 4, 2009
of the General Conditions on or before J anuarv 4, 2009.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer [mancialloss
if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on
time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but
not as a penalty), Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner,
Contractor shall pay Owner $ 500.00 for each day that expires after the time specified in Paragraph 4.02 for completion and
readiness for [mal payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents a amount in
current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0I.A, 5.0I.B, and 5.01.C below:
A. For all Work other than Unit Price Work, a Lump Sum of:
($ 1.989.520.00
(numerals)
One Million Nine Hundred Eighty Nine Thousand Five Hundred Twenty Dollars and nolI OO's
(words)
All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of
Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.0I.B:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-2
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions.
Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for
Payment on or about the 30th day of each month during performance of the Work as provided in Paragraphs 6.02.A.l
and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph
2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00520-3
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated
below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine
or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 95% oercent of Work completed (with the balance being retainage). lfthe Work has been 50 percent
completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character
and progress of the Work remain satisfactory to them, there will be no additional retainage; and
b. 95% percent of cost of materials and equipment not incorporated in the Work (with the balance being
retainage).
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to
95% percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph
l4.02.B.5 of the General Conditions and less 2- percent of Engineer's estimate of the value of Work to be completed or
corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial
Completion.
6.03 Final Payment
A. Upon [mal completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions,
Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of
0% percent per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions
that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in
Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at
the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions
and programs incident thereto.
I::JCDC C-52U Suggested i'orm of Agreement Between Owner and Contractor for ConstructIon Contract (StIpulated Price)
Copyright B 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-4
F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the
Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to
the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has
discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages -1- to --L..inc1usive).
2. Performance bond (pages
, inclusive).
to 4
3. Payment bond (pages -L to 2
, inclusive).
4. Other bonds (pages
te _, incllisive).
a. _(pages _to _, inclusi'/e).
b. _(pages _to _, inclusive).
e. _(pages _to _, inclusive).
5. General Conditions (pages.....!.... to 41 , inclusive).
6. Supplementary Conditions (pages 1
to 8 , inclusive).
7. Specifications as listed in the table of contents of the Project Manual:
8. Drawings consisting of the Drawings listed on attached sheet index:
9. Addenda (numbers 1 to 3 . inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid, including unit prices (pages -L to 10
, inclusive).
b. List of Drawings
c. Specifications
EJCUC C-52U Suggested I<orm of Agreement Between Owner and Contractor for ConstructIOn Contract (StIpulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-5
d. Contractor's Standard Form Subcontract
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Notice to Proceed (pages _ to _, inclusive).
b. Work Change Directives.
c. Change Order(s).
d. Performance and Payment Bonds.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
1O.oJ Terms
A. Terms used m this Agreement will have the meanmgs stated in the General Conditions and the Supplementary
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree
that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and
Contractor or on their behalf.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-6
This Agreement will be effective on Mav 11. 2009
(which is the Effective Date of the Agreement).
OWNERS:
CONTRACTOR:
City of LaPorte, Texas
C.F. Jordan, L.P.
By:
By:
Title:
~f~
Title: Vice President
Jay F. Nelson
Attest:
Jamie Huff
Title:
Title:
----Wi!- w. (a I (mOM Ptl(k~f
La f atJi ~ ~-r1Sl)
I
Address for giving notices:
9801 Westheimer, Suite 320
Houston, TX 77042
PH: 832-615-1270 FAX: 832-615-1271
License No.:
-tl~ r tfL
/lJ"Slrr. c IrY tfrry.
l w nere apphcaole)
Agent for service or process:
~
"....;.':c.":" ... - . ~'~';':';"c:i1'l
.,.;~~ JAMIE PATRICE tW:;
.;'.<i i Notary Publi~. ~tate ot Texl!Is .
.'\:~~I My CommIssion Expires .
":,~\\\,, May 02, 2012
':'.-""" -~ "~.~bt,:;;~.~.
EJCBC C S!B SU66'-.3kd FUIII) vf )..61 "'''"u....ul 8",ln ",,",AI 8nll"'. "lid C"u..l. "",LVI fVI CVIl03l. u...l:vn Cvull"''''( {Sl:pulQ.l",d FI:"-"'}
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-7
CITY of LA PORTE FIVE POINTS TOWN PLAZA
LIST OF CONTRACT DOCUMENTS - SPECIFICATIONS
I Division Section Title
PROCUREMENT AND CONTRACTING DOCUMENTS GROUP
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS (OWNER PROVIDED)
005200 CONTRACT AGREEMENT Addendum No.1
006000 BID PROPOSAL FORMS Addendum No.2
007000 GENERAL CONDITIONS
008000 SUPPLEMENRARY CONDITIONS Addendum No.1
SPECIFICATIONS GROUP
General Requirements Subgroup
DIVISION 01 - GENERAL REQUIREMENTS
01 1000 SUMMARY
01 3100 PROJECT MANAGEMENT AND COORDINATION
01 3200 CONSTRUCTION PROGRESS DOCUMENTATION
01 3300 SUBMITTAL PROCEDURES
014000 QUALITY REQUIREMENTS
01 5000 TEMPORARY FACILITIES AND CONTROLS
016000 PRODUCT REQUIREMENTS
01 7300 EXECUTION
01 7700 CLOSEOUT PROCEDURES
01 7839 PROJECT RECORD DOCUMENTS
Facility Construction Subgroup
DIVISION 02 - EXISTING CONDITIONS
020100 GEOTECHNICAL INVESTIGATION
02 2000 TRENCHING, EXCAVATION, AND BACKFILL
024119 SELECTIVE STRUCTURE DEMOLITION
Addendum No. 1
DIVISION 03 - CONCRETE
03 3000 CAST -IN-PLACE CONCRETE
DIVISION 04 - MASONRY
04 2000 UNIT MASONRY
042300 GLASS UNIT MASONRY
DIVISION 05 - METALS
05 4000 COLD-FORMED METAL FRAMING
Page 1 of2
CITY of LA PORTE FIVE POINTS TOWN PLAZA
LIST OF CONTRACT DOCUMENTS - SPECIFICATIONS
I Division Section Title
057300 DECORATIVE METAL RAILINGS
051200 STRUCTURAL STEEL
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
061053 MISCELLANEOUS ROUGH CARPENTRY
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
071416 COLD FLUID-APPLIED WATERPROOFING
07 4243 COMPOSITE WALL PANELS
07 5423 THERMOPLASTIC POL YOLEFIN (TPO) ROOFING
07 6200 SHEET METAL FLASHING AND TRIM
077100 ROOF SPECIALTIES
DIVISION 08 - OPENINGS
08 1113 HOLLOW METAL DOORS AND FRAMES
DIVISION 09 - FINISHES
09 2400 PORTLAND CEMENT PLASTERING
099600 HIGH-PERFORMANCE COATINGS
Facility Services Subgroup
DIVISION 22 - PLUMBING
22 1113 FACILITY WATER DISTRIBUTION PIPING
DIVISION 26 - ELECTRICAL
260100 BASIC ELECTRICAL
260200 TRANSIENT VOLTAGE SURGE SUPPRESSORS
Addendum No.2
DIVISION 27 - COMMUNICATIONS
270100 GENERAL COMMUNICATIONS
Addendum No. 1
Site and Infrastructure Subgroup
DIVISION 31- EARTHWORK
311000 SITE CLEARING
31 2000 EARTH MOVING
31 6329 DRILLED CONCRETE PIERS AND SHAFTS
Addendum No.2
DIVISION 32 - EXTERIOR IMPROVEMENTS
321316 DECORATIVE CONCRETE PAVING
32 1373 CONCRETE PAVING JOINT SEALANTS
328400 PLANTING IRRIGATION
32 9200 TURF AND GRASSES
32 9300 PLANTS
Addendum No.2
Addendum No.1 - Dated: April 2, 2009
Addendum No.1 - Part 2 - Dated: April 8, 2009
Addendum No.2 - Dated: April 14, 2009
Addendum No.3 - Dated: April 15, 2009
Page 2 of2
CITY OF LA PORTE Five Points Town Plaza
List of Contract Drawings - Plans
Sheet Number Description Issue Date Addendum Revision
COVER COVER/INDEX OF DRAWINGS 04-14-09 2
ARCH ITECTU RAL N/A
A2-01 SOUTH GATE PLANS 03-17-09 N/A
A2-11 PAVILION FLOOR PLAN 03-17-09 N/A
A2-21 BROADWAY GATE PLAN 04-14-09 2
A2-31 WELCOME BENCH DETAIL 04-14-09 2
A2-32 FENCE DETAILS 04-14-09 2
A3-01 SOUTH GATE ELEVATIONS AND SECTIONS 03-17-09 N/A
A3-11 PAVILION ELEVATIONS 03-17-09 N/A
A3-21 BROADWAY GATE ELEVATIONS 04-14-09 2
A4-01 SOUTH GATE WALL SECTIONS AND DETAILS 04-14-09 2
A4-02 SOUTH GATE WALL SECTIONS AND DETAILS 03-17-09 N/A
A4-03 SOUTH GATE SECTIONS AND DETAILS 03-17-09 N/A
A4-11 PAVILION WALL SECTIONS AND DETAILS 04-14-09 2
A4-12 PAVILION WALL SECTIONS AND DETAILS 03-17-09 N/A
A4-21 BROADWAY GATE DETAILS 04-14-09 2
CIVIL
Cl-01 GENERAL NOTES 03-17-09 N/A
C2-01 SU RVEY 03-17-09 N/A
C3-01 GRADING AND STORM SEWER PLAN 04-14-09 2
C4-01 DRAINAGE PLAN 04-02-09 1
C4-02 DRAINAGE TABLE 03-17-09 N/A
C5-01 DRAINAGE DETAILS 03-17-09 N/A
C5-02 GENERAL DETAILS 03-17-09 N/A
C6-0 1 WATER SUPPLY PLAN 04-02-09 1
LANDSCAPE
L1-01 SITE DEVELOPMENT PLAN 03-17-09 N/A
L1-02 PLANTING PLAN 03-17-09 N/A
Ll-03 PAVING PLAN 03-17-09 N/A
L1-04 DETAILS SHEET 03-17-09 N/A
L1-05 DETAILS SHEET 03-17-09 N/A
L2-01 LANDSCAPE IRRIGATION PLAN 03-06-09 N/A
L2-02 LANDSCAPE IRRIGATION DETAILS 03-06-09 N/A
STRUCTURAL
Sl-00 STRUCTURAL GENERAL NOTES 03-17-09 N/A
Sl-01 SOUTH GATE STRUCTURAL PLAN 03-17-09 N/A
Sl-02 SOUTH GATE FRAMING PLAN 03-17-09 N/A
Sl-11 PAVILION FOUNDATION LAYOUT 03-17-09 N/A
Sl-12 PAVILION STRUCTURAL FRAMING PLAN 03-17-09 N/A
Sl-13 PAVILION STRUCTURAL SECTIONS 03-17-09 N/A
Sl-21 BROADWAY GATE STRUCTURAL 04-14-09 2
S2-01 SOUTH GATE FRAMING ELEVATION 03-17-09 N/A
S2-02 SOUTH GATE FRAMING ELEVATION 03-17-09 N/A
S3-01 STRUCTURAL DETAILS 03-17-09 N/A
ELECTRICAL
El-01 ELECTRICAL PLAN - CONDUIT/CIRCUIT LOCATIONS 04-14-09 2
Page 1 of 2
CITY OF LA PORTE Five Points Town Plaza
list of Contract Drawings - Plans
Sheet Number Description Issue Date Addendum Revision
E1-02 ELECTRICAL PLAN - CONDUIT/CIRCUIT LOCATIONS 03-23-09 N/A
E2-01 ELECTRICAL ONE-LINE DIAGRAM 03-23-09 N/A
E2-02 LIGHTING SCHEDULES 04-14-09 2
E2-03 ELECTRICAL PANEL SCHEDULES 04-14-09 2
E3-01 NEON LIGHTING LOCATION PLAN 04-14-09 2
E3-02 NEON & RECEPTACLE LOCATION PLAN 04-14-09 2
E3-03 NEON LIGHTING LOCATION PLAN 03-23-09 N/A
TRAFFIC
T-GN01 GENERAL NOTES 03-16-09 N/A
T-GN02 GENERAL NOTES 03-16-09 N/A
T-DM01 DEMOLITION PLAN 03-16-09 N/A
T-PP01 CURB LINE - PLAN AND PROFILE 03-16-09 N/A
T-PP02 CURB LINE - PLAN AND PROFILE 03-16-09 N/A
T-SPM1 SIGNING AND PAVEMENT MARKING 03-16-09 N/A
T-DET1 DETAILS 03-16-09 N/A
AUDIO/VISUAL
AV-01 AV INFRASTRUCTURE SITE PLAN 04-02-09 1
AV-02 AV PLAN SPEAKER COVERAGE 04-02-09 1
AV-03 AV PLAN ENLARGEMENTS 04-02-09 1
AV-04 AV PLAN DETAILS 04-02-09 1
AV-05 AV SIGNAL SCHEMATICS 04-02-09 1
ADDENDA'S
ADDENDUM NUMBER 1 04-02-09
ADDENDUM NUMBER 1- PART 2 04-08-09
ADDENDUM NUMBER 2 04-14-09
ADDENDUM NUMBER 3 04-15-09
Page 2 of 2
Bond #6459723
PAYMENT BOND
BID #09014
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That C.F. Jordan, L.P. of the
City of EI Paso County of EI Paso , and State of Texas , as
principal, and Safeco Insurance Co. of America authorized under the laws of the State of Texas
to act as surety on bonds for principals, are held and firmly bound unto The City of La
Porte (Owner), in the penal sum of one million nine hundred eighty nine thousand five hundred twenty dollars
($1,989,520.00) for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the 11th day of May , 2009, to which contract is hereby
referred to and made apart hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants "supplying labor and material to him or a
subcontractor in the pros"e"cLJtion of the work provided for in said contract, then; this
obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
SUJ:ety.. for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
such change extensiono"f time, -aJieratipD or additibntcUhetermsofthe contract; orto
the work to be performed thereunder.
PAYMENT BOND
BID #09014
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 14th day of Mav , 2009.
By:
C.F. Jordan, L.P.
Principal
JA\1 t ~~
~.f~~
CleD! We&t-nci1Y1t( sJt,'?Jlh
~+On,T~ 1"1bLtu
Safeco Insurance Co. of America
Surety
Title
By:
Title:
Address: P.O. Box 981021
EI Paso, Texas 79998-1021
Address:
The name C(fld address onhf::l ResiDent Agent of Surety is:
JDW Insurance
P.O. Box 981021
EI Paso, Texas 79998-1021
Bond #6459723
PERFORMANCE BOND
BID #09014
STATE OF TEXAS
COUNTY OF Harris
KNOW ALL MEN BY THESE PRESENTS: That C.F. Jordan, L.P. of the
City of EI Paso County of EI Paso, and State of Texas , as principal,
and Safeco Insurance Co. of America authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound unto The City of La Porte
(Owner), inthe penal sum of one million nine hundred eighty nine thousand five hundred twenty dollars
($1,989,520.00) for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the ~ day of May , 2009, to which contract is hereby referred to
and made apart hereof as fully and to the same extent as if copied at length herein.
NOW; THEREFORE, THE GONDITIONOFTHISOBLlGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all respects duly and
faithfully observe and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning of said Contract
and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's I exas (Jades Annotated. Texas Government CuLle. Gha~ter 2253, 0.::;
amended and all liabilities on this bond shall be determined in accordance with the
p rovislons of said Articletothe"'Same"extent 'asif itwere 'copied at length he rein;"
Surety, for value reoeived, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
any way affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
PERFORMANCE BOND
BID #09014
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 14th day of May, 2009.
C.F. Jordan, L.P.
Principal
JA\/ r N eLf;ON
Safeco Insurance Co. of America
Surety
~~e ~f ~ js,u\
.
Address: g~l ~\fe~tnt\ mer s+t.1flD Address:
BOUJstuY1. 'f't -11DLt.u
By:
Title:
P.O. Box 981021
EI Paso, Texas 79998-1021
The name and addressontJ~ Resident Agent of Surety is:
JDW Insurance
P.O. Box 981021
EI Paso, Texas 79998-1021
Figure: 28 TAC ~1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 You may contact Home Office Surety at
(206) 473-3799.
AVISO IMPORTANTE
Para obtener informacion 0 para someter una
queja:
Usted puede contactar a servicio de la oficina
principal de Safeco Surety al: 206-473-3799.
3 You may call (company)'s toll-free telephone Usted puede lIamar al numero de telefono
number for information or to make a complaint gratis de (company)'s para informacion 0 para
at: someter una queja al:
(800) 472-5357 Surety Option #7
4 You may also write to Safeco
Insurance Company at:
Safeco Plaza
Seattle, WA 98185-0001
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
(800) 252-3439
6 You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
(agent) (company) (agent or the company)
first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
(800) 472-5357 Surety Opci6n De #7
Usted tambien puede escribir a Safeco
Insurance Company:
Safeco Plaza
Seattle, WA 98185-0001
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos 0
quejas al:
(800) 252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fa~ (512)475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima 0
a un reclamo, debe comunicarse con el
(agente) (Ia compania) (agente 0 la compania)
primero. 5i no se resuelve la disputa, puede
entonces comunicarse con el departamento
(TDI).
UNA ESTE AVISO A SU POLlZA: Este aviso
es solo para proposito de informacion y no se
convierte en parte 0 condicion del documento
adjunto.
PRODUCIR .
AGD Risk seoo ees southwest I
Da 11 as TX 0ff1 ce
Cityplace Center East
2711 North Haskell Avenue
Sui te 800
Dallas TX 75204 USA
P80MZ. 214 989-0000
UCSVBIJ)
C. F. Jordan, LP
7700 C. F. Jordan Drive
El Paso TX 79912 USA
Inc.
DATE D YV)
OS/20/09
11115 CEmFlCATE IS ISSVED ASA MA1TER OF INFORMADON O"''LY
AND CONIERS NO RIGHTS UPON THE CER11F1CA TE HOLDER. nus
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AWaRDED BY l1JE POUcn:s BELOW.
INSURERS AFFORDING COVERAGE
ACORD.
~ti~t~1Eiill-t~B~m~~?~rliifl@~I~~ti~~}{~~i~
rAX. 214 989-2530
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Travelers property cas Co of America
charter oak Fire Ins co
EVerest National Insurance Co
Allied world Assurance COmpany (us) Inc
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PSlTAIN.nm INSUItANCS AFFORDED Bynm POLICIES DESClU81lD HEREIN IS SUBJECT 10 ALL 1HE laUdS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.
AaOREGATE LIMITS SHOWN MAY HAVE: BEEN REDUCED DY PAID Q.AIMS. UMfTS SHOWN AREAS REQUESTED
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(PI>' 1OIidcaz)
AUTO OM.Y. EAACCIDIDfT
011IER 11fAN
AUTO ONLY ,
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EXCESS LIAB%LITY
05/01109
llAat ClCCtlIlRIlNCa
AGGIl!GADI
05/01/09
aTY OF LA PORTE
ATTN: Mark Huber
604 west Fa i r8lOnt Parkway
La Porte TX 77571 USA
SIfOtll.IlltN'f Cf THEAIlClYIl D8SCIUIlI!D POUCII!S ac.",a!U.I!D IIEfOIII! TIlE ElCPSIVo'l1ON
DAn! 'IHIIUOF, TIE ISSUING COMPANYWIIL I!NDIlAVOIl TO MA/L
30 DAYS WRJn1IN to'Ol1C&TOTIlE CIlImFJCATEHOLl)D NAMllD 10 THIl LllFT.
Bur FAILtJIlII TO DO so SHALLIMP051l NO OILlGAlUlH ClIl. UABILITY
OF ANVICIND UPCNTIlE COJoG'ANV. m AOINI'S OUJIPIlESENrAnY&S.
AU11IOlI2I!D lIEPUSENTA11\IE
$1.000,000 -
$1,000,000 I
$1,000,000 iii
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B.L. DISEA5&I'OUCY LIMIT
IU.. DlSEASS-EA &IolI'tO\'6e
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Dl!SCJUPTImI OF OPEltATIONSILOCAnCll'CSlVElllC1EONS -'DDI!O BY I!HDOltSDCIIH1'lSPECJALPROVlSIONS
RE: Five points Town plaza, 101 BroadwaYt La Porte TXI joblO9014 ; where required by Wl"itten contract or
agref!lllent, the City of La Porte, and Eng1neer and 'the,r respec:'tive officers, direc1:ors partners employees
agents and consultants are an additional insured, on a primary basis, for general liabhi~, autOmobile 11abili1:y
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POWER
OF ATTORNEY
Sa1eco Insurance Company 01 America
General Insuranoe Company 01 America
1001 41h Avenue
Su ite 1700
Saattie, WA 98154
KNOW AU. BY THESE PRESENTS:
Thai SAFECO INSURMlCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporalion, does each hereby appoint
"""~",,,,'x**x'*""""-"*"""-GEORGIANNE MilLIKEN; JOHN M. RINDT; EI Paso, Texas.""--......-..-....***--*""......
No.
3219
its true and lawful attorney(s)-in-fact, with full authority to exeoute on its behaf fidelity and surely bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPMlY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21 st
March
2009
day of
~1lr P. Jt11
.
1Af'y~JL
Dexter R. Leilil. Secretary TImothy A. Mlkolilllewskl, Vice President
CERTIRCATE
Extract from the By-Laws of SAFECO INSURMlCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shal each have authority to appoint individuals as
attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other doouments of simila- character issued by the company in the course of its business.. On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on my bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a RescMion of the Board of Directors of SAFECO INSURMlCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On my.certificate exeouted by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Artide V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(i1i) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg Secretary of SAFECO INSURMlCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a ResolutiCfl of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuan1there1o, ae lrue and oorrect, and tha1 bo1h the By-Laws, 1he Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
14th
day of
May
2009
~1lr P.Jt11
Dexter R. Legg, Seaetary
8-0974/08 3109
WEB PDF
AttachmeDt to ACORD Certificate for c. F. Jordan, lP
The tenDS, conditions and provisions noted below are hereby attaChed to the captioned certificate as additional description of the coverage
afforded by the jnsurcr(s). This al1aChmcnt docs not contain all terms. conditions, coverages or exclusions contained in the policy.
INSURER.
DlSUIlED
C. F. Jordan, LP
1700 C. F. Jordan Drive
El Paso TX 19912 USA
INSURER
INSURER
ADDmONAL POUCIES
INSURER
INSURER
If a policy below does not include limit information, refer to Ihc corresponding policy on Ihe ACORD
certificate form for policy limits.
l'OIJCY J'OUCY
lNSR 'lYPE 0. INSIlIWlCE POUCY NUMBER un:cnv& EXPl8A11Ol'I UMI1S
L'I'1t I'OUCY DE$CRIJ"lION DATE DATE
EXCESS LIABILITY
0 1ST00510002 05/01/09 05/0l/10 ~lJregate
IEXCESS LIABILITY SlOM XS 510,000,000
Eac:h
~C:CIlrrence SlO,ooo,OOO
DEScaJl'I1ON a1 Ol'IiRA'J'IClHS/I.OCATlONSlYEHlaJlSlEXCWSlONS ADD2D BY I!NIlORSDfIlNI'AL PROVISIONS
and excess liabilit;y. ~1ver of subrogation in favor or the ci~ of La Por'te and Engineer and their
respec'Cive officers, d, rectors , partners, employees, agents and consultants for all coverages certified.
Certificate No :
570034479982