ADDENDUM NO. 1 INVITATION FOR BID B303 ROOF REPAIRS & REPLACEMENT

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1 ADDENDUM NO. 1 INVITATION FOR BID B303 ROOF REPAIRS & REPLACEMENT Effective August 22, 2018, Addendum No. 1 and the applicable attachment(s) is associated with the Invitation for Bid (IFB) seeking bids from qualified firms to provide roof repairs and replacements. This addendum is hereby made part of the solicitation documents to the same extent as though it were an originally included item therein. This addendum shall take precedence over the IFB document originally provided, where its provisions apply. The purpose of this addendum is to provide deletions, insertions, clarifications, corrections, extensions, and omissions pertaining to Contract and Technical clarification as follows: Addendum No. 1 and the applicable attachments may be examined without charge in hard copy format at: The Port Authority s Contracting Office, 907 Billy Mitchell Boulevard, San Antonio, TX The Response Deadline is no later than 2:00 P.M. CST, September 4, 2018 One (1) copy of Responses must be submitted electronically to: contractinginfo@portsanantonio.us The mailing/delivery address is as follows: Attn: Ashley Ramirez B303 Roof Repairs & Replacement Port Authority of San Antonio 907 Billy Mitchell Boulevard San Antonio, TX B303 Roof Repairs & Replacement Addendum No. 1 1 P a g e

2 This addendum represents clarifications, questions received in writing, and the related responses pertaining to the IFB documents as follows: This addendum adds general terms and conditions Work shall be completed no later than 180 days. Questions and Related Responses Q1. Is it possible for Port San Antonio to contract directly with Tuff Wrap and not have Tuff Wrap part of the roofing package? This would save roofer mark-up on pricing and save weeks in the schedule if Turff Wrap could start before bids are approved. A1. No. We would like to keep all trades as part of the one project even if there is an upcharge. Q2. Bid Bond Port San Antonio usually requires and Bid Bond and other bonds on their projects. WJE left the general conditions our of our specifications under the direction of contracting who said the port has their own general conditions and did not need WJE s general conditions. A2. See Addendum No. 1 attachments Q3. Bid Form WJE provided an example bid form for Port to use on this project. WJE suggests that a detailed bid form be sent to the contractors with the addendum. A3. See Addendum No. 1 attachments Q4. Project Schedule Most every contractor stated the 120 days in the bid documents would not be enough time for them to complete the project. Will Port San Antonio be able to extend the project closing date? A4. Completion has been extended to 180 days. B303 Roof Repairs & Replacement Addendum No. 1 2 P a g e

3 ADDENDUM NO. 1 ATTACHMENTS ATTACHMENT 1 - AFFIDAVIT Entities submitting qualification statements, including their agents and representatives, shall not lobby or contact any member of the Authority Board of Directors or Authority Staff except in the course of the Authority-sponsored inquiries, briefings, interviews and presentations between the qualification statement submission date and award by the Authority Board of Directors. Any violation of this provision may result in disqualification of the submitting firm. Entities submitting qualification statements shall execute by signature the attached Affidavit of Non-Collusion, Non-Conflict of Interest, and Anti-Lobbying and return the signed affidavit with their response. The Affidavit form follows: ENTITY S AFFIDAVIT OF NON-COLLUSION, NON-CONFLICT OF INTEREST, AND ANTI-LOBBYING FOR B303 Roof Repairs and Replacement (1) Neither I nor any of my officers, partners, owners, agents, representatives, employees, or parties in interest, have in any way colluded, conspired, or agreed, directly or indirectly, with any person, firm, corporation or other entity submitting a qualification statement on this project or potential participant in this procurement action in regard to the terms or conditions of this qualification statement. I have not paid or agreed to pay, directly or indirectly any person, firm, corporation or other entity submitting a qualification statement on this project or potential participant in this procurement action, any money or anything of value in return for assistance in obtaining or attempting to obtain the contract anticipated to result from this procurement action. I will not pay any money or anything of value in the future for that purpose. (2) None of the deciding factors set forth in the Request for Proposals (RFP) or in the subsequent agreement were my idea or the idea of anyone representing my company, unless the suggestion was made at a public meeting. (3) No officer or stockholder of my company is an employee of the Authority, or is related to any employee or elected official of the Authority that will exercise authority in the selection of the project consultant. B303 Roof Repairs & Replacement Addendum No. 1 3 P a g e

4 (4) My agents, representatives, sub-consultants and I will not undertake any activities or actions to promote or advertise my proposal to any member of any technical evaluation team reviewing the proposals, member of the Authority Board or Authority Staff except in the course of Authority-sponsored inquiries, briefings, interviews or presentations between the qualification/proposal statement submission date and award by the Authority. Signature: Date: Printed Name: Title: Firm/Entity: _ State Tax ID No.: B303 Roof Repairs & Replacement Addendum No. 1 4 P a g e

5 ATTACHMENT 2 INSURANCE REQUIREMENTS Prior to the commencement of any work under this Contract, consultant shall furnish a completed Certificate of Insurance to the Contracting Office, 907 Billy Mitchell Blvd, San Antonio TX The Certificate of Insurance shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The AUTHORITY shall have no duty to pay or perform under this Contract until such certificate shall have been delivered to the Contracting Office, and no officer or employee shall have authority to waive this requirement. The AUTHORITY reserves the right to review the insurance requirements of this Article during the effective period of this Contract and any extension or renewal hereof and to modify insurance coverage and their limits when deemed necessary and prudent by the AUTHORITY s Contracting Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Contract, but in no instance will the AUTHORITY allow modification whereupon the AUTHORITY may incur increased risk. A consultant s financial integrity is of interest to the AUTHORITY therefore, subject to consultant s right to maintain reasonable deductibles in such amounts as are approved by the AUTHORITY, consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at consultant s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company and/or otherwise acceptable to the AUTHORITY, in the following types and amounts: TYPE AMOUNT 1. Workers Compensation Statutory 2. Employers Liability 500,000/500,000/500, Commercial General (public) Liability Combined Single Limit for Insurance to include coverage for the following: Bodily Injury and Property a. Premises operation Damage of $1,000,000 per occurrence B303 Roof Repairs & Replacement Addendum No. 1 5 P a g e

6 b. Independent contractor s Damage of $1,000,000 per occurrence c. Products/completed operations Damage of $1,000,000 per occurrence d. Contractual liability Damage of $1,000,000 per occurrence 4. Business Automobile Liability 1,000,000 combined single limit any one accident 5. Professional Liability (applicable) 1,000,000 per claim and 1,000,000 aggregate 6. Excess Umbrella Liability 2,000,000 per claim and 2,000,000 aggregate The AUTHORITY shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the AUTHORITY, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the AUTHORITY, the consultant shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. Consultant agrees that with respect to the above required insurance, all insurance Contracts and Certificate(s) of Insurance will contain the following required provisions. Name the AUTHORITY, the AUTHORITY and its officers, employees, and elected representatives as additional insured s with respect to operations and activities of, or on behalf of, the named insured performed under Contract with AUTHORITY, with the exception of the workers compensation and professional liability policies; Provide for an endorsement that the other insurance clause shall not apply to the AUTHORITY where the AUTHORITY is an additional insured shown on the policy; B303 Roof Repairs & Replacement Addendum No. 1 6 P a g e

7 Workers compensation and employers liability policy will provide a waiver of subrogation in favor of the AUTHORITY. Consultant shall notify the AUTHORITY in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than seven (7) days prior to the change, or ten (10) day notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the AUTHORITY at the following address: Port Authority of San Antonio 907 Billy Mitchell Blvd San Antonio, Texas If consultant fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the AUTHORITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the AUTHORITY is an alternative to other remedies the AUTHORITY may have, and is not the exclusive remedy for failure of consultant to maintain said insurance or secure such endorsement. In addition to any other remedies the AUTHORITY may have upon consultant s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the AUTHORITY shall have the right to order consultant to stop work hereunder, and/or withhold any payment(s) which become due, to consultant hereunder until consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which consultant may be held responsible for payments of damages to persons or property resulting from consultant s or its subconsultants performance of the work covered under this Contract. B303 Roof Repairs & Replacement Addendum No. 1 7 P a g e

8 ATTACHMENT 3 FORM A - GENERAL INFORMATION PRIME FIRM - GENERAL INFORMATION: Project Name: (insert applicable title) Form A Firm Name: Firm Address: Headquarters Address (For parent company other than above listed firm): Office Telephone # Fax Telephone # Federal Tax I.D. No. If Joint Venture, Name Participating Firms and Percentage Control. % Control Firm A: Firm B: If you are submitting as a joint venture, the following information should be completed for each of the joint venture firms. YEARS IN BUSINESS: Number of years firm in business: Type(s) of Organization(s): (Individual, Partnership, or Corporation) Date(s) of Organization: (Month and Year) Name and Date of Predecessor Organization(s): B303 Roof Repairs & Replacement Addendum No. 1 8 P a g e

9 OFFICE PERSONNEL List principals and titles: Personnel other than Principals: Total number of employees in firm(s): Number of other professionals: Number of support personnel: SMWVBE CERTIFICATION OF PRIME FIRM OR JOINT VENTURE Attach copy of SBE/MBE/WBE or VBE certificate indicating certification is current or provide certification number(s). SUBCONSULTANT INFORMATION Attach a letter from each sub consultant on the proposed team, confirming that they have been contacted and are prepared to provide services for the project. OTHER CONSIDERATIONS 1. Does your firm have and generally carry: Worker s Compensation and Employers Liability Insurance Yes No; if yes, please state limits: _ Commercial General Liability Insurance Yes No; if yes, please state limits: _ Business Automobile Liability Insurance Yes No; if yes, please state limits: _ B303 Roof Repairs & Replacement Addendum No. 1 9 P a g e

10 Professional Liability Insurance Yes No; if yes, please state limits: _ 2. Describe the quantity and nature of any work, interest in work, partnership interest, land ownership or other interest in any project, property or business dealing within the proposed project area or past or current business relationship which may give rise to a potential conflict of interest for your firm or associated firms in the execution of this project. B303 Roof Repairs & Replacement Addendum No P a g e

11 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto AUTHORITY, hereinafter called OWNER, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The AUTHORITY will be named as the obligee/beneficiary in such bonds and the sureties must be certified on the most current OMB Circular 570 U.S. Treasury Department listing. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 2016, a copy of which is attached hereto and made a part hereof, for the construction of the 2018 Building Demolition Project, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original B303 Roof Repairs & Replacement Addendum No P a g e

12 term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety, and during the one year post-construction workmanship guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder, or the SPECIFICATIONS accompanying the same, shall in any wise 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, or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any lawful beneficiary hereunder, whose timely filed and legally perfected claim may be unsatisfied. This bond is subject to and governed by Section of the Texas Government Code (Vernon's Texas Codes Annotated) and Article of Vernon's Texas Insurance Code and all amendments thereto. IN WITNESS WHEREOF, this instrument is executed in triplicate, each counterpart of which shall be deemed an original, this the day of, ATTEST: (Principal) (Principal) Secretary By: _(s) (Signature) B303 Roof Repairs & Replacement Addendum No P a g e

13 (SEAL) (Witness as to principal) (Address) (Address) ATTEST: (Surety) (Surety) Secretary By: (Attorney-in-Fact) (SEAL) (Witness as to Surety) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must be legally authorized by the State Board of Insurance to transact business in the State of Texas. ATTACH POWER OF ATTORNEY B303 Roof Repairs & Replacement Addendum No P a g e

14 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual) Hereinafter called Principal, and (Name of Surety) (Address of Surety) Hereinafter called Surety, are held and firmly bound unto the AUTHORITY, hereinafter called OWNER, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The AUTHORITY will be named as the obligee/beneficiary in such bonds and the sureties must be certified on the most current OMB Circular 570 U.S. Treasury Department listing. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 20, a copy of B303 Roof Repairs & Replacement Addendum No P a g e

15 which is attached hereto and made a part hereof, for the construction of B303 Roof Repairs and Replacement. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for, or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK, whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder, or the SPECIFICATIONS accompanying the same, shall in any wise 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, or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge any remaining right of any lawful beneficiary hereunder, whose timely filed and legally perfected claim may be unsatisfied. This bond is subject to and governed Section of the Texas Government Code (Vernon's Texas Codes Annotated) and Article of Vernon's Texas Insurance Code and all amendments thereto. B303 Roof Repairs & Replacement Addendum No P a g e

16 IN WITNESS WHEREOF, this instrument is executed in triplicate, each counterpart of which shall be deemed an original, this the day of, ATTEST: (Principal) (Principal) Secretary By: _(s) (Signature) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) (Surety) Secretary By: (Attorney-in-Fact) (SEAL) (Witness as to Surety) (Address) B303 Roof Repairs & Replacement Addendum No P a g e

17 (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS SHOULD EXECUTE BOND. IMPORTANT: Surety companies executing BONDS must be legally authorized by the State Board of Insurance to transact business in the State of Texas. B303 Roof Repairs & Replacement Addendum No P a g e

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