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HomeMy WebLinkAboutC2012-339 - 10/23/2012 - Approved2012 -339 10/23/12 M2012 -188 SPECIAL PROVISIONS GENERAL PROVISIONS AND ATTACHMENTS FOR CAS Companies LP JOB ORDER CONTRACT MASTER AGREEMENT FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES CAS COMPANIES, LP DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361 - 826 - 3500 Fax: 361- 826 -3501 RFP No. 2012 -02� JOB ORDER CONTRACT MASTER AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this the fi day of , 2012, by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation located in the County of Nueces, State of Texas, acting through its duly authorized City Manager or designee, termed in the Contract Documents as "City," and CAS Companies, LP , a Partnership termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: WHEREAS, the City's Department of Engineering Services issued a Request For Proposals (RFP) No. 2012 -02 — Agreement for Job Order Contracting (JOC), for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities (the "RFP ") to provide Job Order Contracting Services on an on -call or as- needed basis, through individually priced job orders or job order contracts (Job Orders or JOCs) for the maintenance, repair, alteration, renovation, remediation, or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (the "Proposal ") and was selected for recommendation for award; and WHEREAS, the Corpus Christi City Council authorized away! of this JOC Master Agreement (the "Agreement ") to Contractor on day of 06b,66C. 2012; and WHEREAS, the parties desire to enter into a Job Order Contract Master Agreement to set the terms and conditions the parties must follow, NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: Terms. a. Agreement. This Agreement consists of the Contract Documents, the RFP No. 2012 -02, Contractor's Proposal submitted in response to RFP No. 2012 -02, and this Job Order Contract Master Agreement, including all attachments and exhibits (collectively, the "Agreement "), which provides terms and conditions with which the parties agree to comply for any "Job Order Task" or "Job Order Contract" (JOC) executed between the parties under the Department of Engineering's JOC Program. b. Job Order Contract Master Agreement/ (the "JOC Master Agreement" or the "Agreement') refers to this Agreement, a competitively awarded master agreement with an undefined Statement of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on -call or as needed basis, through individually priced job orders or job order contracts (JOC). The JOC Master Agreement may support a broad assortment of facilities construction Page 1 of 12 Rev. Jun -2410 work. In this Agreement, the Agreement for Job Agreement. the JOC Master Agreement may also be referred to as Order Contracting, the JOC Agreement, or the C. Job Order or Job Order Contract (JOC) as referred to in this Agreement is an individually priced job or task order, based on the Contractor's previously proposed coefficient(s) and a definitive SOW. Individual job orders are firm fixed price upon issuance. The term "job order" or "job order contract" refers to an individually priced job order based on pre - established unit prices applied to estimated quantities for a fixed lump sum price or a unit price order based on the quantities and line items delivered. In this Agreement, Job Order Contract (JOC) may also be referred to as Job Order, Job Order Task, or Task Order. d. Contract Documents. The Contract Documents for each JOC will include this Agreement, the bid proposal and instructions, the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, any Performance and Payment bonds, addenda, the Contractor's Proposal to RFP No. 2012 -02, the JOC Master Agreement, and related documents which shall be made a part of each JOC, all of which will constitute the contract for each project or JOC. 2. General Scope of JOC. a. The City has awarded or will award one or more JOC Master Agreements or JOC Agreements. The type of work to be supported is for the maintenance, repair, alteration, renovation, remediation, or construction of facilities. The work is of a recurring nature but the delivery times are quantities are indefinite. b. JOCs apply to facilities work. The JOC Master Agreement and any individual JOC applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The JOC does not apply to a highway, road, street, bridge, utility, wharf, dock, airport runway or taxiway, drainage, or related type of project associated with civil engineering construction. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation, or alteration services, including but not limited to services for construction in three (3) areas: general mechanical /electrical /plumbing (MEP); and roofing. C. Minor construction may include new office construction (as well as demolition) to completing a new floor plan, etc. d. Repair is defined as work that involves the reparation of a broken system, component, or sub - component of a building such as doors, electrical outlets, -- plumbing, flooring, sheetrock, and/or air conditioning systems, etc. Page 2 of 12 Rev. Jun -2010 e. Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 3. Scope and Duty of Contractor. a. For each JOC, the Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set' out in the Contractor's bid proposal and as provided under the JOC. b. Contractor shall supply at its expense such materials, services, labor and insurance as required by the Contract Documents, including overseeing the entire job. C. Contractor shall be responsible for providing all labor, material, tools, instruments, supplies, equipment, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals, and quality control necessary to complete work for the minor construction, repair, rehabilitation and alteration of city facilities. 4. Time Limit for Bid Proposals Requested. There will be limited time from the time the City first contacts the Contractor and "assigns" the project to the time the City issues an authorization to begin work. The Contractor shall submit its Proposal as soon as possible, but not later than ten (10) calendar days after the City's request for that the Contractor investigate, plan, and submit an estimate and schedule (a proposal) for a given job order. Failure to comply with the Time Limit for Bid Proposals Requested is a breach of contract, under both this Agreement and under each JOC executed pursuant to the this Agreement. 5. Contractual unit prices. The City establishes contractual unit prices for job order contracts by specifying the R.S. Means Cost Data Books and certain applicable divisions or line items listed and more fully described in Section III.A of the RFP. 6. Coefficients or multipliers. The Contractor's proposed two (2) coefficients or multipliers are to be applied to the price book or prepriced work items as the price proposal. Coefficients or multipliers are more fully described in Section III.A of the RFP. 7. Compensation to Contractor. City shall pay Contractor in current funds for performance of each Job Order Contract in accordance with both this Agreement and the JOC, as the work progresses. 8. Maximum aggregate price. The maximum aggregate price for work over any one year of this Agreement's term is two million dollars. Page 3 of 12 Rev. J u n -2010 9. No guaranteed minimum. This JOC Master Agreement provides for no guaranteed minimum amount of job orders, no amount of work, and no dollar amount. Term. The Term of this Agreement is for a base term of two (2) years with the option to renew annually on an administrative basis for not more than three (3) additional years. The City Manager or designee (Director of Engineering Services) shall have the option to renew the agreement annually for not more than three additional years. The option to renew will be exercised administratively. 10. Performance and payment bonds required. The Contractor shall provide performance and payment bonds (1) if required by law, based on the amount or estimated amount of any job order; or (2) if otherwise required by the City regardless of the estimated amount of a job order. At a minimum, the JOC Contractor will be required to provide a payment bond on all job orders that exceed $25,000 and a performance bond on all job orders that exceed $100,000. 11. JOC Specific Requirements. a. With the exception of emergencies, any work required by the City shall be ordered through the issuance of a formal written Job Order Contract or JOC containing the approved Job Order Proposal along with a City Issued Purchase Order. b. Job Order Proposals are to be submitted to the City at no additional cost. The RFP resulted in multiple awards for multiple JOC Agreements, and the City may elect, at its own discretion, to solicit JOC Proposals from one or more of the awarded JOC Contractors depending upon the estimated value and/or complexity of the proposed project. Determination to solicit multiple proposals or from only one awarded JOC Contractor shall be on a case by case basis, as deemed in the best interest of the City. C. Upon review of the Job Order Proposal(s), the City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the awarded contractors for the preparation and submission of a Job Order Proposal regardless of project outcome. d. In the event that design services, construction drawings and /or plans are required, the City shall obtain these services from city resources or from a third - party consultant. The Contractor will not be permitted to contract with or hire consultants. e. The Unit Price Book(s) shall serve as a basis for establishing the value of work to be performed. The Contractor's Job Order Proposal shall be submitted to the City as negotiated under this JOC Master Agreement, as submitted in accordance with the Contractor's Proposal, Exhibit E. Page 4 of 12 Rev. Jun-2010 12. Scheduling of Work a. The first day of performance shall be the effective date specified in the Job Order Contract. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Purchase order shall be at the Contractor's risk and expense. b. The Contractor shall meticulously prosecute the Work to completion with the time set forth in the Job Order. C. The period of performance shall include allowance for mobilization; holidays; weekend days; inclement weather; cleanup and project acceptance procedures. d. When the Contractor considers the Work to be complete and ready for its intended use, the Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The contractor shall proceed promptly to complete or correct items listed. e. Contractor shall endure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. f. The Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate locations(s) for placement. g. The Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private of public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. The Contractor shall also be responsible for providing all necessary traffic control, to include but not limited to street blockages, traffic cones, flagmen, etc., as required for each Job Order. Proposed traffic control methods must be submitted to the City for approval prior to the commencement of work. h. The Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. i. The Contractor shall allow authorized City personnel to inspect and audit any books, documents, papers, data and records relating to performance throughout the term of said JOC Agreement. The City reserves the right to audit and /or examine such records at any time during the progress of this Agreement and shall withhold payment if such documentation is found by the City to be incomplete or erroneous. Page 5 of 12 Rev. Jun -2010 13. Contractor's Project General Manager. The Contractor's Project General Manager shall be knowledgeable in multiple disciplines including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 14. Safety Plan. The Contractor may be required to submit to the City for approval, a Safety Plan within fifteen (15) calendar days after Award of Agreement. Said plan must address all aspects of the Contractor's safety procedures including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. 15. Warranty of Construction. The Contractor shall warrant that work performed conforms to the Job Order requirements and is free of any defect in equipment, material or design furnished, or workmanship performed by the contractor of any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. 16. Training. Upon execution of this Agreement, the Contractor shall make arrangements and provisions to conduct a minimum of two (2) training classes for City staff to include but not limited to the JOC Process, explanation and use of the specific R.S. Means Cost Data Book, Cost Index, and the Unit Price Book, at no additional cost to the City. 17. "Green Building" Program." In an effort to conserve resources as well as preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building ", also known as a high performance building, shall include a structure or facility that is designed, build, renovated, and operated in a resource - efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: a. All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. b. The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388. Section 388.005 of the Texas Health and Safety Code, which .. states that certain political subdivisions should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its - - facilities of five (5 %) percent each year for five years, and (c) annually report to Page 6 of 12 Rev. Jun -2410 State Energy Conservation Office (SECO) its efforts and progress in reduction of electricity. C. City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renew- able materials, water conservation, air flow, and site location. This program shall also describe the target buildings, exemptions, and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. d. All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices, as reasonably possible. 18. Worke►'s Compensation Coverage. Texas law requires that contractors, subcontractors and others must be covered under Worker's Compensation insurance, authorized self - insurance or a worker's compensation coverage agreement. Throughout this Agreement such coverage must be provided. Contractor shall comply with the Insurance Requirements for Worker's Compensation Coverage as described and shown in the Notice to Contractors Attachment J. 19. Insurance. Contractor shall comply with the Insurance Requirements as described and shown in Attachment F. 20. Indemnification. Contractor shall fully indemnify and save harmless the City of Corpus Christi, its officers, agents and employees, as required in Attachment G. 21. Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any JOC executed pursuant to this Agreement is, (are) and shall be deemed to be independent contractor(s), responsible for its (their) respective acts or omissions, and that City shall in no way be responsible for Contractor's actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that is has such authority. 22. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and venue of any litigation hereunder shall be in a court of competent jurisdiction sitting in Nueces County, Texas. Page 7 of 12 Rev. Jun -2010 23. Survivability. The unenforceability, invalidity or illegality of any provisions of this Agreement shall not render the other provisions unenforceable, invalid or illegal, but the parties shall negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the parties. 24. Captions. The captions, titles and headings in this Agreement are merely for the convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. _ . 25. Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY for legal notices send to City of Corpus Christi Veronica Ocanas, Assistant City Attorney City Attorney's Office - P.O. Box 9277 Corpus Christi, TX 78469 -9277 Tel: 361 - 826 -3375 Fax: 361 -826 -3239 for any questions regarding the administration and management of this a reement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361- 826 -3550 Fax: 361 826 - 3501 Email: graziellam @cctexas.com CONTRACTO : F Name: & C 6 40- 4 Title: AW Address: 13tj(� lD��f S�k , 3a4 Tel. 901 -74-1 Fax: L OI -&666 Page 8 of 42 Rev. Jun -2010 26. TABLE RE DIVISION 01 DIVISION 01 011131 Professional Consultants 01 11 31.10 ONLY ALLOWABLE AS REQUIRED BY 01 11 31.30 STATEMENT OF WORK IF PERMITTED BY LAW 01 11 31.20 01 11 31.50 NOT AUTHORIZED 01 11 31.75 0221 16 CONTINGENCY ALLOWANCE 01 21 16.50 NOT AUTHORIZED 01 21 55 JOB CONDITION ALLOWANCE 0121 55.50 NOT AUTHORIZED 02 21 57 OVERTIME ALLOWANCE 0121 57.50 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 21 61 COST INDEX 01 21 61.10 AVERAGE 01 21 61.30 01: 61.50 012163 TAXES 012163. SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 31 13 PROJECT COORDINATION 01 31 13.20 SHALL BE INCLUDED WITHIN 01 31.13.30 CONTRACTORS COEFFICIENT 01 31.13.40 01 31 13.60 01 31 13.80 01 31 13.50 NO AUTHORIZATION 01 31 13. 00 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 013213 SCHEDULING OF WORK 01 32 13.50 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 32 33 PHOTOGRAPHIC DOCUMENTATION 01 3233.50 ROUTINE DOCUMENTATION FOR CONTRACTORS RECORDS, SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 014126 PERMITS 0141 26.50 ITEM 0020 WILL BE AUTHORIZED AS REQUIRED BY STATEMENT OF WORK Page 9 of 12 Rev. Jun -2010 01 45 23 TESTING AND INSPECTING SERVICES 01 45 23.50 ROUTINE TEST FOR CONTRACTORS RECORDS AND DOCUMENTATION SHALL BE WITHIN CONTRACTORS COEFFICIENT. ADDITIONAL TESTING REQUIRED BY THE CITY WILL BE BY A SEPARATE CITY CONTRACT 01 51 13 TEMPORARY UTILITIES 01 5113.80 ALLOWAB LE AS REQUIRED BY STATEMENT OF WORK 015213 FIELD OFFICES AND SHEDS 01 51 13.20 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 51 13.40 NOT AUTHORIZED 01 54 09 PROTECTIVE EQUIPMENT 01 54 23.60 ALLOWABLE AS REQUIRED BY 01 54 23.70 STATEMENT OF WORK 01 54 23.75 01 54 23.80 01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS 01 5423,60 ALLOWABLE AS REQUIRED BY 01 5423.70 STATEMENT OF WORK 01 5423.75 01 5423.80 01 54 26 TEMPORARY SWING STAGING 01 5426.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 36 EQUIPMENT MOBILIZATION 01 5436.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 39 CONSTRUCTION EQUIPMENT 01 54 39.70 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 55 23 TEMPORARY ROADS 01 5523.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 13 TEMPORARY AIR BARRIERS 0 5613.60 ALLOWABLE AS REQUIRED BY L-- 56 13.90 STATEMENT OF WORK 01 56 23 TEMPORARY BARRICADES 01 56 23.10 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 26 TEMPORARY FENCING 01 5626,50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 29 TEMPO RY PROTECTIVE WALKWAYS 01 56 29.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 015813 TEMPORARY PROJECT SIGNGAGE 01 5813.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 71 23 FIELD ENGINEERING 01 71 23.13 - F ONLY ALLOWABLE AS REQUIRED BY 01 71 23.19 STATEMENT OF WORK, IF PERMITTED BY LAW Page 10 of 12 Rev. Jun -2010 017413 PROGRESS CLEANING ATTACHMENTS 01 74 13.20 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 019113 COMMISSIONING Contractor's Completed and 6 01 91 13.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK Contract Contact/Project Manager for any questions regarding the administration and management of this a reement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361- 826 -3550 Fax: 361- 826 -3501 Email. graziellam @cctexas.com CONTRACT Name: n rr- $a4J),n Title: _&/4w,(- Address: 13pto fL tD v 3;)4 Tel: el. 419 - 4--7 -q Fax: A i- k&65 ATTACHMENTS to JOC MASTER AGREEMENT and to RFP No. 2012 -02 Agreement for Job Order Contracting for Minor Construction, Repair, Rehabilitation, and Alteration of Facilities TABLE OF CONTENTS dnnaire ned Disclosure of Interest Form on Disclosure Form y /Minority Business Enterprise Schedule Form RFP Attachment A RFP Attachment B RFP Attachment C RFP Attachment D RFP Attachment E RFP Attachment F Page 11 of 12 Rev. Jun -2010 ATTACHMENTS Contractor Completed Ques Contractor's Completed and 6 Contractor's Completed Liti a Contractor's Co leted Minor Contractor's Completed Pricir - INSURANCE REQUIREMENTS dnnaire ned Disclosure of Interest Form on Disclosure Form y /Minority Business Enterprise Schedule Form RFP Attachment A RFP Attachment B RFP Attachment C RFP Attachment D RFP Attachment E RFP Attachment F Page 11 of 12 Rev. Jun -2010 INDEMNIFICATION REQUIREMENTS RFP Attachment G Contractor's Comp Signature Page RFP Attachment H Contractor's Completed Proposal Checklist RFP Attachment I WORKER'S COMPENSATION COVERAGE ADDENDUM TO SPECIAL AND GENERAL PROVISIONS RFP Attachment J RFP Attachment K SPECIAL PROVISIONS RFP Attachment L GENERAL PROVISIONS RFP Attachment M Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST City Secretary APPROVED AS TO LEGAL FORM By: Asst. City A orney ATTEST: (If Corporation) (Seal Below) CITY OF CORPUS CHRISTI By � Y Z Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR CAS Companies, LP By: �} Title: (Note: If Person signing for corporation is not President, attach copy of authorization to sign) 4402 Congressional Corpus Christi, TX 78413 (361) 298 -0227 Office (361) 499 -6655 Fax zoa r S MET 1 Page 12 of 12 Rev. Jun -2010 RFP NO. 2032-02 AGREEMENT FOR JOB ORDER CONTRACTING 000 FOR MINOR CONSTRUCTION REPAIR, iREUA0161TATION, AND ALTERATION OF l- ACUTIES ATTACHMENT A RESPONDENT1CONTRACTOR QUESTIONNAIRE • I GE NERAL INFORMATION 1. Company Inbrmation: Provide the foflowing inharmation regarding your company. NametName of Agency /Company: CAS Companies LP Address 4402 Congressional City: Cor us Chri Stat ;ziPCode 7§ 3 _� Telephone No. 361 - 298 - 0227 Fax No: 2 s1 - 4 c 4 - fi6 5 s 2. 'Contact Infonnatlon: List the person who the City may contact concerning your proposal or setting dates for meetings. Name: Cruz E Agui lar Address 44022 ConcrteS Qna 1 ..... CK ;S Corpus Christi Sate: T Zip Code: •rte-„ Telephone No. 361 iFax No: 1-- Emali: caguilar�acasZ.9_com 3. Does your Company anticipate any mergers, transfer of organization ownership, management reorganisation, or departure of key personnel vAhin the next twelve (12) months that may affect the organizatloWs abllity to carry out Its proposal? Yes No x 4. Is your Company authorized and/or licensed to do business in Tens? Yes x No 5. Where is the Company's corporate headquarters located? Missouri Tx e, Local Operation: Does the Company have an office located in Corpus Christi, Texas? Yes x No ATTACHMENT I l e Page 1 of 6 a. If the answer to the previous question is "yes ", how long has the Company 006ducted business from Its Corpus Christi office? Years Months b. State the number of full -time employees at the Corpus Christi office. _ _ 7. County Operation: If the Company does not have a Corpus Christi office, does the Company have an offioe located In Nueces County, Texas? Yes No a. If the answer to the previous question Is yes, how long has the Company conducted business from Its Nueces County office? Years . Month b. State the number of full -thee employees at the Nueces County office. . _ 8. ®e9asrmentiOuapenellon fnf ownatfon: Has the Company or any of Its principals been .debarred or suspended from contracting with any public entity? Yes No X I If yes, Identify the public entity and the name and current.. phone' number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension. 8. Surety lnforrnation: Have you or the Company ever had a bond or surety canceled or forfeited? Yes No X If yes, state the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture. 10. ®ent<ruptcy 1nloma,tion: Have you or the Company ever been declared bankrupt or filed for protection from creditors under state or federal proceedings? Yes No X If yes, state the date, court, jurisdiation, cause number, amount of liabilities and amount of assets. 11.Provide any other names under which your business has operated within the last 10 Years. Clean Air Solutions ATTACHMENT °A° Page 2 of 6 REFERENCES - Provide five (G) referenoes, one of which must be from a financial institution that has provided Respondent with banking services during the past three years. ldentify two Of your largest public entity c11e09 and two of your largest non - public entity clleras In which you have provided senrioes to within the pastthree.years. Reference No: M (Pinanclal Ineatutlon) Firm /Company Name Frost National - Bank COrift0tNSAV Kogvcinski Title: Assistant --V- -ice Pre sident 14ddreie: South Main Street City: Stafford State: T .Zip Code, 77477 Telephone No. 713- 388 -1013 Feet No; 713 -388 -7883 email: gkopycinski@frostbank.com Reffererce No. 2: (Public Entity) FlrmlCompany Name Cameron County Contact Name: Pete Sepulveda _ TM9: County Administrat Address: 1100 E Monore St- aancy Building - City Brownsville S ; TX ,Mp C 78521 Telephone No. 956- 982 -5414 Fax No: 956 =983 -5099 Email: gsepulveda @co.cameron,.tx,us Refferenae No. 3; (Publla Entity) • FIMXOmpany Name: Hidalgo County, - Contact Name, Oscar Garza Title: Pro ram Coordinator Address: 2812 So. Bus HWY 281 City. Edinburg Slate: Tx .7lpCode• 78539 Telephone No. 956- 381 -2626 ext. 4857 Fax NO : 956 -292 -7612 Email' oscarg,garza @c ATTACHMENT "A" Page a O 6 REFERENCES Continued... ftb rence No. 4: (Man- PubOle Entitll) FIMVC Name- platinum Surgery Center COn4actltfam @: Cairo Ca ldera T14Ie: Facility Director Address: 2220 Pease Street Clty: Harl inge n �. TX ZIP Code: 78550 Telephone No . 956 -389 -6000 Fax No: 95.6 - 389 --6 ' Emall: Rebmrm No. 5: (Non - Public Entity) FIrmlComp dame First National Bank Contact Name OJ Navarro TjW: Property Of f icer Address: P . O . Box 810 Edinburg TX Code: 78540 Telephone No. 956- 385 -3408 FaXNO: 956- 292 -0037 Errlall: oi.navarro@webfnb.com ATrAf.' WE T W P804 0f 5 EM CITY OF CORFU'S C RWH WO DISCLOSURE OF INTEREST Cry► of £ Christi Ordinance 17112, as amended, regWtIm all parsons or firms seeking to do ' a �s�the Cltj► to provide the followinginformaft. Every_questiort must be answered. If �tio� n�tabK answer with 'IN A!. See reverse siiddoe for Filing Requka mts, COBRANyNAME: C AS Companies, LP W P. 0. BOX: STRBSTADDRBSS: 4402 Congressional Crry. Corpus ChrisitrZlp: FIRM IS: 4. As o - % e s. 0 � 3. Sole Owner. 78113 d DISC£.OSiIRP� Ot TMONS If addltiottap spy a is necessat�, please use tits reverse of this or attach separate sheet. I. State the names of each employee" of site City of Corpus havins an " ownership interest" constituting 3% or more of the ownership in the above aamcd "firm." Name Job Tale and City Deparhnent (if known} Nt h _ -- 2. Stets the names of each "off'iciall' of the City of Corpus Christi having as "ownership interest" constiMing 3% or morn of the ownership in the above named "&m." Name Title N/A 3. State the names of each "board member" of the City of Con= Christi having an "ownership inteoaW Oonstituting3% or more o € the ownership In the abdin named "MWI Na A Board, Commission or Committee 4. State the names of each em ea or officer of a "consuitor for the C of Corpus Christi who wad ter on me re� ity to the sub ect of this cmntraat and has as "ownership iataur coastkuttng 3% or mom of** owmrddp is to strove uamed tutu." Name Consultant _NJA ATTAClik+W"Bvo Page l oft I Ha person who requests d&W anion an a inaft imows ftft esbed Otlon VAR c an eomomto benefit on aqv City ofi<loial or employee that is disdua isha a from. d o effect that the t�toa !l have on members of the patHo in feral or a �rbstatttial segment thereof; shall disclose #stet hset in ssti signed wrid to lhe City Offlo [, h[ or body that has been d to eA la the matter, unless the interesfaf the City official our e in the mater is vpamntThe disclosure, _shall Z96 be CEIRTERICATION I aer* that all lawmation provided is true and cotureet as of the date of this SWement. I have not MOW d disolosum of say Iri�rmatlon heated; and that urupp[emeuntai to will be to the City of Corpus Christi, Texas as changes occur. Oerftingperson: Kathryn Bow lin Title: Partner CrYOWPA4 Signam m of Certi Ing Peso Date: 7-13-12 DFM ONS a. "Board member:' A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Loonomlo beneff'. AA action that is likely to affect an economic intmest if it is likely to have an affect on that interest that is distingulikable from its effect on members of the public in general or a . anbstauatlal segment thereof: a 'Employee.° Any person employed by flute City of Corpus Christi, Testes either on a full or Put- time basis, but not as an independent contractor. d. 'Tirm." Amy eny operated for economic gain, whether professional, industrial or commetcial; and whether established to prodgce or deal with a product or service, including but not limited % cWtics operated in the form of sole pmporietorahlp, as self- employed person, partnership, aorparation. joint shock company, joint ventum receivetabig or ftA and amities which for purposes of taamtiou am treated as thoSt organizations. a "Offrcial:' The Mayor. members of the City Council, City Manager, Deputy G'itq N1 nW, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus GM1stj, Tam L "Ownership Interest." Legal our equitable interest, whether actually or constructively laid, is a fnin, including when such interest is hold thr O an agent, trust, estate, or holding entity. "Carsstruetfvelyr held" refers to hokliutgs or control established through voting ftstk proxies, or special terms ofventm or partnership agroemmW g. "Consultant." Any person or firm, such as engineers and arohitects, hired by the City of Corpna Christi fordo purpose ofprofessional consultation and recommendation. ATrACHUBW "W .., Pepe 2 oft 2 RFP NO. 201242 AGREEMENT FOR JOE ORDER CONTRACTING (,IOC) FOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACIl.Mr:.S ATTACHMENT C LITIGATION DISCLOSURE FORM Failure lo Uly and teuthfUgy dledose the Information mqulred by this Utlgatlon disclosure fon n MY result !n She dlaqualification of your proposal form consideration or termins4lon of the contract, once awarded.. 1.' Have you or any member of your Firm or Team to be assigned to this engagement ever been Indicted or convicted of a felony or misdemeanor greater than a Class C In the last five (g) years? Circle one YES No 2. Have you or any member of your Firm or Team to be- assigned to•thls engagement been terminated (for cam or otherwise) from any work being performed for the City of Corpus Christi or any other Federal, State or Local Government, ar Private Entity?. Circle One YES NQ •3. Have you or any member of your Firm or Team to be assigned to this engagement been involved in any claim or litigation with the City of Corpus Christi or any other Federal, State or Local Government, or Private Entity during the last ten (10) yearn? - Clyde One YES NO If you hive answered' YES" to any of the above qupstione, please Indicafs the nam(s) of Me person(e), the nature, and the status andfor outcome of the Information, Indlcbnent, conviction, tormination, datum or 11419adon, as applicable. Any such Information should be provided on a separate pale, attached to thbl form and auwn t#ed with your proposal. ATTACHMENT OW P806 :1 of 1 l RFP NO. 2012 02 � AGREEMENT FOR JOB ORDER CONTRACTING (IOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT I) MINORITY/MINORITY BUSINESS ENTERPRISE PARTICIPATION POLICY I. am It R the po" of the aW of cops Chft Bret mwdmum mak" is aft" mkwmhw..rramm artd ids 8uuiinaas E tM to lam he to of Wwdod by the dill Of Caipua Cluled n suppat of Ewd IE O V pd, o d agec#m of the � Aotlan Fohaoy ant Of the C2ty debrd oddw, UK sod antr WrArdmoft tlrew►. In ex amlom vAlb swch po1 y, th Cdr hu aslebilehed oosh ae d ded herein, both for Mnaft and ' � �trarls and forldtnarit�►� Ebaa. 2. IL AN1 pman ON6 pmbwsb4h Oxp xoft% aesodalon arlo t varitsre herein s Which hoe been awaide d a C2ty oonbaat. h. $y�I j8kN G Any mm�W pawn, be. p�+ ern. or jot venture as herein IdenAd waft bftt, govlow sues, sp"w mdows or any n afthe Im"onB under alt W wllh.a ' soron a�aardrect. . C4 VANI a aaporfaSon, i�iorehtp other • _ •eft. for do purpm of Us" a pwft b armed ipendsd and mesh the U.B. III 8 A�dmintehatlan (BBA� � datnl tar a wA buokum M *= madiq tom o va c d. A aeseprM*M lwarmed sd aw*O lad by One Of more R*dM t Ponao*( MkWft PON" kOW& Blaft Win» AemMw wd War PUMM aT a ate. Amubm Ind M% Abskm t Alone of Psdlle Far. dra •pwpoaas of: ft eNo% woven as else odd as ml Wft& ► pmv (s) mm scul pis l a - . own, opus andlbr a 1 lm u qK acrd share h POrAft Iran an wftrpdwmv*manwhmWWftr9d I. CMmed (a) For a sob 6oretdp m be dssawd a r q► budom emwpf^ R moltbeaenad bye nd f pew 1 k (b) For an entemdee doing buelhem as a bftsiOdp,. at teas al .o% af#be$ 04%arirkesttnAe PWGMhIP OMPOrlY mt# he.owned - (o) For an eftprlee doing buekteee as a oomoaft, at least 69.0% of tw Wels or Itttilm* In the oarimrob shame mM be owned by ono or mane mh peraan(e). a . fty pewer, di or Indlneot, tQ mange a buetneeg enterprfae W* Atha nit 00ft 000196). S noir pa n ropy or itR afi the oat+erNee, as tfis 40" ymy be, m* bo mod ttt mew Si.0% or 00 of Ore taftl . Peft ba U44 ow% Noted pWir► *. Cool t ohot 0" foee. . P *IwAp and auk Pej(rt fib, Arid any otitr�r manOwyM16 ft pald by the.bu db riee. e. PAng Sw dads underMkmrtly Du*m. rpr*. f. k WWI A Ala pWWomhlp 20 le OWW and Onot g iY womm : pAttltel ip at 16 1 t' B4A% of whose ass* or pgt*6 ahlp iore* m4d by are ormoiearq n o rn-oppooft" at least In the Qwpmw W*"-4 .olorled by one or mans ��1r g' Atifil.1km - - - . G � A We . POPrlatorehlp tttbitri�t th oai � a bokw WON at �. A P4 vtro MORW an a too ", pmp�.�.lir s MINCES 44 Ow b�14. t#I I�*ot' � Sts wmtc t i in 20 Of 00 i WL #4 0 • � m6iK�; etr�eslmioal� wMiur+s. ` P _ of tm at pwo, Ian - wft to tQ k a:mkw* lolat- irerituro * mums at % be pdmd.by vw • comft*n wftior- X19 Chat awawd are-as fdkm. Mnodly Partlelpsiton rtty �e (1 roe t} Patld*m (Per. -WO h, ' We � aa�.1e *amble to gll tt eo wo* rdle". of 1 de pp ri fM the a PPMWd M Ordam The Ilihiru�! nfiatwtba' t�niC�misruttlreth fr of fhe egrim Tii �1► ` 10 m ,' a *oft or ft 0=0 "afar the sole pe ':of. M"" 4• a. C osp &mW 4 tb a Good fafth of lo* nvWft potay. b. upon t of the Pv*A e Od br Wdem of MW Paftpftn. •m Ths shit bkVMft t auk lb ONY [boon Tina lo b Wes= by � if t = t flfiill ; n0 � #- �l p w+M "& Mal i eu r'itt= Y e I ion or to afmlt o NI god Ealk 00 mom pspp als a Fa i 81 11 SAE? — ►7TACHEFi TtW OIEP GMI lrwlUde lo MO. 4 AB�11118Ex,I AB . �k 4k ism mom *4M R' I 0000 FAITH DEPORT PLAN ftp 9 Qt* � .�.......«.. .• ..... ..r.. err. rr.. r... r......... r.- r-....+..»...... r�... w........ w... ww..... .•.... ww�.... .�. .............r. . ... , NAME OF pAOJEOTI; City off Corpus Christi -Job Order Contfact for Minor B1DDE6pROPOSER l 6R .� -RFP No . 2012-1 Nfte 0l? EldderlPrallosen C AS AddrMge; 4402 oa2ressional Cllr; Corpus Christi St W. ,TX, Ztp CDfO: Wk A 1.4 �....� Telephone: 36 W 228 -0227 , r � E-Mail AddMgw gc3aUi,1ArEQ 1..,1R.'r.. l$ your #rm oertilled? . „ Yes ,.,,,.,, Nd (lf yae� please su�mlt CsiBtloalion Ceuta) 1, Uqt ell submt1adoWsuppilare that will be 00.01 ftr thle Oorftot, pndbtbe all. MS"BEa AAUEe'41RE-HUB'9, We ad0ftnhl sheets as needed.) i f ' fEUk�pWI R!8 n mr ... g RHBB OF , I r QO"TRAOT m(3umT 'l� i:E1lNLOt 10 O AMO B 0 t OSI g7itD�+t OW Please see the atta hed list. f All MOM0154A_W Sim -60contafts or two & Dopy. Gf theta won � itmoaghthe tracer: -.- 2. Ph=* a#tch a cW of your aompeno NIBMIG AAW p 1cV. DODO FAITH EFFORT PLAN 3. Name-and phona. number of person appdntod to 000mbWa and 8dminlster the Good l=el#h Effatb cl youttApfy on thla projebt. Cruz E Aguilar - Area Project Manager 361 -298 -0227 _ 4. This Ooad Faith Mrf plan Is sublecl to the Oiredpr of Etglnaerin ft approval, 0000 PAITN EFFORT PLAN AFFIft TIQN I HEREBY AFFIRM JHAT THE INFORMATION PROVID01) IN T GOOD FAITH 't:FFORT PLAN 19 TRUS - M0 OQ�VI!?t,�TE w`d llgg 8T OF My KI�1�3UVLE085 AND B AL IMF. 4 FUR -THOR uW �A00 A A'3R�lg THAT, fI+ I��IIfAl3t EI THE . N' '1 .. f T ItE 004.iM IY $ E fiALl� E ►''� TACHBp AI+tL� BE C�l9 A l3I bING RAC TI P. 4:&A-Anq_ I I 01A E OF AOlAl, Kathryn Bowlin - Partner TITLL OF OFFICIAL . 7 -13 -12 281- 499 -4747 D ATe NONE - • it�hiAfA' A' *4H�ia1Rll7bA�altrtAMNiFMRR�AAHd �AArdMlhl�l��i>�IMA�rt M —CLU 92R Plan RW gy; RomtettdalkM: Rpp�osra �... ,.� f1 Aetion Taken: Move ,. panic f *11y Underutilized B u s ines r� Certification and Complia ~hug- P gr m The Texas Comptroller of Public Accounts (CPA), hereby certifies that 14 :91 Cif".; has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 09,1AN- 2010, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (Le., business structure, ownership, day -to -day management, operational control, addresses. phone and fax numbers or authodzed signatures) provided in the submission of the business' application for registradonkertiffcation as a HUB. you must immediately (within 3o days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of Ineligibility. « 1 Certifi Number: 176069346970D Paul A. Gibson FiletVendor Number: 66874 Statewide HUB Program Manager Approval Date: 07-JAM-2010 Texas Comptroller of Public Accounts Expiration Date 07 - JAN -2014 Texas Procurement and Support Services Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award.payment under the CedificateNlD Number Identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (htip:/Avww.window state.bLus /procurement/ /cmbVhubonly html) or by contacting the HUB Program at (888) 863 -5881 or (612) 463 -5872. WBENC Women's Business Enterprise National Council hereby grants l� 'Bisinem Ente e I Ise i1O tee C CAS Companies, L P p who has successfully met !' BEMCs standaMs as a Women's Business Enterprise (Whir). This certification of mtxs the business is woman - owned, operated and controlled-, and is valid through the elate herein. MEW NaftW W8E CeibrroaUon was Proceed and va#MW by Wmwr's &zwm Ewzpise ice. a WSM F➢mait Pabw OreargzaW. Expiration Date: 0513012013 . WBENC National Certificate Numbs.. 2005120285 Authorized by Susan Repko, Executive Di rector, Womeres Business En Alliance "EA NAlCS Codes: 238220, 238220, 562910 UNSPSC Codas: 72000000 jA • r. rs r- Nrmrnf A { �{ WBEC Gs�irassFirlrr hr /'Ss[r�cr.: -. - ���� .........,....__ .® � � .�r -- _ W l�r t6JY+f11 '° r[wn. 4� -`' Companies Nance & Address of Subcontractor Division HUB Certification Number Advantage Electric, Inc 1,6,16 1742698121700. 614 S. Staples Corpus C hristi, T X 78472 Rock Engineering & Testing Lab 1,2 1742872164500 4910 Neptune St. Corpus Christi TX 78 405 A -Plus Paving & Construction, IN 2,3 17429401.61900 P.O. Box 5463 Corpus Christi, TX 78465 International Power Communication 1.6 1.161.748056800 3821 Bentwood Corpus Christi, TX 78415 R.S. Parker Construction 2,3 1943428306500 455 Hereford Rd. Corpus Christi, TX 78408 American Insulation (D.R. Enterprises) 62 1043674440200 8110 Nazareth Dr. Corpus Christi, TX 78413 Guarantee Carpet Wood & Tile 9 1593817934600 P.O. Box 310 Chapman Ranch,. TX 78347 Castiiila Interior Systems 12 1742944770300 P.O.Box10385 Corpus Christi. TX 78450 1306 FM 1092, Ste 304 Missouri City, TX 77459 Phone: 281.A99.4747 Fax: 281 A99-6655 4402 Congressional Corpus Christi, TX 78413 Phone: 361-298-0227 Fax; 281 -499 -6655 5402 S. Expressway 83 Harlingen, TX 78552 Phone: 956.216.8200 Fax: 956.216.8069 MAV.Caslp.com .. 161 02:14 p.m, 07 -12 -2012 M fat'r f tvxas H storically U Business Certffioation. and, Compliance Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that ROCK ENGINEERING AND TESTING LABORATORY, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certlficate, printed 28-MAR-2009, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the Information (i.e., business structure, ownership, day - today management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registrationlcertiflcation as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program In writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. ? A. Qt6av--, CertificateNID Number: 1742872164600 Paul A. Gibson Re/Vendor Number. 77300 Statewide HUB Program Manager Approval Date: 16-MAR 2009 Texas Comptroller of Public Accounts Expiration Date: 16-MAR -2013 TOX85 Procurement and Support Services Division Note: In order for State agencies and institutlons of higher education (universities] to be credited for utilizing this business as a HUB, they must award payment under the Certificab MI) Number Identified above. Agencies and universities are encouraged to validate HUB certification prior to Issuing a notice of award by accessing the Internet (htip:fA w4w.window. stale. tx. ustpmocuremenUf / MbUhubonly.htmi) or by contacting the HUB Program at (1388) 883.5881 or (612) 463- 5872. P.1 - C��;cti�n :end Cor»�Inc Procrl-1 fif The Texas Comptroller of Public Accounts (CPA), hereby certifies that has successfully met the established requirements of the State of Texas Historically UndenAlized Busines (HUB) Program to be recognized as a HUB. Phis MWIM0. prated 23-MAY -2008, $Wwwdw my regietrsdan and certificate preticudy wed by the HU® Program. U there am my changes regamftg the Irdbmiatlon ¢.p., buelnass stns ownership, d ey4o4by mmagem opwatlanal control. add. phase wind tau numbers er authortad s ums) pmkW In the se en of the buelneW a*itcatlam for , aglab ado ificeffoation as a HUB, you must hnmedtaft (wkbin 30 days of such droners) noft the HUB Program in writing. The CPA reserves the right to conduct a ccmpitencc rovkw at any time to comas HUB attgibUlty. HUB certlllcation may be suspender or revoked upon findings of inetigittllfRy. - C flcab/M Ntimbsr: 4742 M01900 RIVendor Number. 03897 AppraW DBte: 22 MAY - 2009 &pkedo Data: 22 -MY-M3 Pact A. MOM swbwe HUB Program mower Tom Comptro1w of Pubite Amts Terms Procurement and Support 3ervion DMalan Mom In order flor State agencies and InstRutions of higher education (unitrersities) to be credited far ufflWg tide budnim as a NUA they must award psyment under the Certi c9WVIO Number tdarMlt W above Agenda wd tags are enamurApt! to vaEdete NLID mMcatimr prior to Lmft a sorb® of avwd by awassGg the MMMOWIM.UM twxwtaxr. u aa- -meWII;mbY u bwIy htmQ or by contacting as HUB Program at (M) 8834M or (592) 483-OM 07/11/2012 07:51 3612892413 R5 PARKER CAST fate of H storlcally Underutilized Business �rtificetion and Compliance ProgreM PAGE 82/92 The Texas Comptroller of Public Accounts (CPA), hereby certifies that R.S. PARKER CONSTRUCTION, L.LC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 22AUG 2009, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the Information (i.e., business structure, ownership, day - today management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration /certlflcation as a HUB, you must Immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon tlndings of Ineligibility. CertificateA/lD Number: 1943428306500 Paul A. Gibson File/Vendor Number: 32728 Statewide HUB Program Manager Approval Date: 18-AUG-2009 Tome Comptroller of Pubile Accounts Expiration Date; 18 -AUG-2013 Texas Procurement and Support Services Division Note. In order for State agendes and Institutions of higher education (universities) to be credited for utilizing thib business as a HUB, they must award payment under the CerlificateNlD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (htip:l/www window. state. bc. us /pmmrernent/ /cmbllhubonly_h6mg or by contacting the HUB "ram at (888) 863 -5881 or (512) 483-5872: 07/13/2012 12:41 3618534322 DR ENTERPRISES ASC "It , fatr of texas , ;p 0 Hlstorlcsll Y Underutilized Underutilized Business Certification and Compliance Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that D.R. ENTERPRISES, INC. PACE 01/01 has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 24-SEP -2010, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to- day management, operational control, addresses, phone and fax numbers or authorized signatures) provided In the submission of the business' application for registration / certeication as a HUB, you must Immediately (within 30 days of such changes) nodfy'the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility., HUB certification may be suspended or revoked upon findings of ineligibility. A j A. (It., CertificateNlD Number: 1043674440200 File/Vendor Number: 15302 Approval Date: 23 -SEP -2010 Expiration Date: 23- SEP -2014 Paul A. Gibson ' Statewide HUB Program Manager Texas Comptroller of Public Accounts Texas Procurement and Support Services Division Note: in order for State agencies and Institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certlimte/VID Number identified above. Agencies and universities are encouraged to valldate HUB certification prior to Issuing a notice of award by accessing the Internet (http:/Avww.window.state tx.us /procurement! /CmbUhubonly html) or by contacting the HUB program at (888) 883-5881 or (512) 463.5872. 13 12 02:38p Adele Castilla 361-242-9806 e� �ist�ri�all� Underutilized Business Certification and Compliance Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that CASTILLA INTERIOR SYSTEMS, INC. P.1 has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 15-AUG-2009, supersedes any registration and certificate previously issued by the HUB Program,. If there are any changes regarding the information (i.e., business structure, ownership, day -today management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registrationlcertiflcation as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revolted upon findings of ineligibility. Q j A. CertificateNID Number: 1742944770300 Paul A. Gibson FilelVendor Number: 01243 Statewide HUB Program Manager Approval Date: 14-AUG -2009 Texas Comptroller of Public Accounts Expiration Date: 14-AUG -2013 Texas Procurement and Support Services Division Note: in order for State agencies and institutions of higher education (universities) to be credited for utlizing this business as a HUB. they must award payment under the Cer6ificate/VID Number Identified above. Agencies and universities are encouraged to validate HUB certification prior to Issuing a notice of award by accessing the Intemet (httpJlWww.window. state. Ix. us /procurementllCmbllhubonly.html) or by contacting the HUB Program at (888) 863 -5881 or (512) 463-5872. RFP NO. 2012-M AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT E PRICING SCHEDULE FORM The Contw or shall ft# W$h all supeprlslon, labor, mat e, tools, sttppttes, equomem trampot how, bonds, Insurancs, Including taxes, overhead and prdh to perl'orrn ell services ssary nece and required for the Job Order Contract. Work Nquh meats shall be BPOc ed in IndMduai Wwk Orders. A. Fie -Afced bone 1. Coticlent Factor: 8landonliNo mal Wori ft Hours .95 2. CaeNdent Faclot. Non4twWardMormal Wadit Hours B. Won PmPrled Hems I. Coeffldw t Fear: StandatdlNomnal Wori tg Hours 1.23. 2 CtsaMaldnt Factor. Non- Standar l/Normai Wwking Hours 1 .25 Was: f. The, fret coeltclenE f for shall be applied to Ilte R.S. Means Coat Data Unit Prbx Book Items aftWpated to be we m*ls W durlrcp standard working hags. Th second coe f#dent factor Is to be applied to R.S. Means Unk Price Book Its andclpated to to accomplished during ether than standard woftg hours. Pftge shall be based upon the R.S. Mean Cost Data Catalog far Corpus Christi, Tel, I®tast redelon 10 R. S. Means Faotgly Construction Cost Data Book for General Con*ucftn, EleWmi, and Plumbing • R. S. Mews Mechanical Cast Data Book far Addidonal Mechanical t EladAcal 1 PWmbhV (MEP) • R. S. Mkt Repair and Rsmodeling Cost own 8w* lbr Boating 2. The actual pricing for work peribmied under ft conoW will be based on the unit rates crontalned In the Unit Prke Book, Incdtift app&*We CaWaw t a*ehM to as set forth' above, and the quenWas mutually agreed to by fire Contr dbr and tits Cdr . prior to the Wwance of a Work Order, The Coef la ft amore shall be film for the dura*m aF to Contras The R.S. Means prise axes n W In the Unk Pdco Book are tam for the tens of the Ccndaat and will be replaced each optional Veer, an the anniversary of the Contract, with the unit pds in 1 he nod current R.B. Means Cast Data.. T !0! RFP NO. 2012-02 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT F INSURANCE REQUIREMENTS (Revised June 2010) I. CONTRACTOR'S LIABILITY INSURANCE A. The Contractor shall not commence work under this Agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Contractor shall furnish two (2) copies of Certificates, with the City named as an additional insured, showing the following minimum coverage In an insurance company acceptable to the Citv. e TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily injury and Property Damage PER OCCURRENCE/ AGGREGATE Commercial General Liability, including: $2,000,000 COMBINED SINGLE LIMIT I. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Inju AUTOMOBILE LIABILITY -- OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to 11 REQUIRED include long -term environmental impact for the disposal of contaminants ❑ NOT REQUIRED See Section B -6 -11 & Supplemental Insurance Requirements BUILDERS' RISK ❑ REQUIRED ❑ NOT REQUIRED $100,000 COMBINED SINGLE LIMIT See Section B -6 -11 & Supplemental NSTALLATION FLOATER ❑ REQUIRED ❑ NOT REQUIRED ATTACHMENT "F" Page 1 of 3 C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of OWN all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. INDEMNIFICATION AND HOLD HARMLI»SS A. The CONTRACTOR shall obtain workers' compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self - insure its workers' compensation coverage, as well as a letter, signed by the Contractor, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self -insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested, directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469, Attention: Contract Administrator. Whether workers' compensation Insurance coverage is provided through a licensed insurance company or through self - Insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Builder's _Risk Coverage CONTRACTOR will be responsible for providing builder's risk Insurance coverage for the term of the contract up to and including the date the CITY finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value form. The CONTRACTOR shall provide such builder's risk coverage at least in the amount of $ N!A__ { N /A Dollars 1, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise Improved under the contract. CONTRACTOR shall be responsible for paying all costs necessary to procure such builder's risk insurance coverage, including any deductible. The CITY shall be named an additional insured on any policy providing such insurance coverage. ATTACHMENT "F" Page 2 of 3 III. ON THE CERTIFICATE OF INSURANCE: • The CITY OF CORPUS CHRISTI is to be named as an additional insured on the certificate and by endorsement on the liability coverage, except for workers' compensation coverage. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable ` insurance policy, signed by the insurer, providing the city with thirty (30) days prior written notice of cancellation of or material change on any coverage. • The NAME OF THE PR03ECT should also be listed under "description of operations ". IV. A completed Disclosure of Interest form must be submitted with your proposal, Attachment B. ATTACHMENT "F" Page 3 of 3 RFP NO. 2012-02 AGREEMENT FOR JOB OROER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACT MES ATTACHMENTS INDEMNIFICATION REQUIREMENTS id - - - — T ATTACHMENT "G' Pa e 1012 AWN this contract: id A'fACFiMENT "G" Page 2 of 2 IFP NO. Z-02 AGMEMENT FOR ,1O® ORDER CONTRAMNS Q .. MIWR CDfdSMCMM rAPAI% REHMMATION, AN AUM710M OF I~AMIES CAS C2M ani at�Oon M�s�l � aFropd�orf A . o PjjqWKwtw, Kathrvn,12XJin Tft Partner � s.�a1�tVsey sn �ror�d s�pnNuretrn�ns weo�p�byk t�q�ed} • P*ded Nme: • NO.2012-02 AGROMM FORMS ORDER OMVACTM 00C) FOR t:AWTIES A'ff#MfdENg 0 PIMOMMECKM • Um tft dkecft lo etwm Vat al re IIW d=mft hm bm haded in ft pmposal and arse pmps* iab6ed and appor tfr the e m d order. El " Doauomft morlod lift -an etc on. thb dhOOMM nNPIN a Wgr&tx& go am y are d9ned pikw lo RFP NO. 2012-02 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR ` MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES WORKER'S COMPENSATION INSURANCE REQUIREMENTS 1 of 11 ..... Texas Administrative Code TITLE 28 PART 2 CHAPTER 114 SUBCHAPTER B RULE §110.110 INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction --Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor A person bidding for or awarded a building or construction project by a ( governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement --A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter, (G) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached G_ raphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (C) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The teat for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of I 1 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project.: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self - insured, with the commissions Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage: of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project (C) include in all contracts to provide services on the project the language in paragraph (3) o f this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the govemmentak entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accideital"insurance cove p " P P rage pursuant to Texas Civil Statutes Article 6675c, W). ' (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 W Page 7 of 11 728S1 l0_l l0(d)(7) w "REQOTRED WORKERS`COMPEAM BON COFMGEN ' The law n qdm that each person working on this site or providing maces related to thta constnacbm project mat be covered by workers' compensat%n irrnoramce. T fns mabides persons providing hmdit or deliverbag egrapment or materials, or providing labor or hsmsportadon or other service related to the project. nega r u of the identity of their employer or status as an "Call the Texas WorhW Compensatlon Commission at 512 -44a -3789 to rMim mfor aadon on the legal rm*emerat for Goverage� to vMfy whether your emp h*w hw provided the ravat ed coverage, or to report an employer's failuwe to provide coverage, " Page S of l 1 T28S 110. 11 O(c)(7) Article Workers Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to sef insure issued by the commission, or a coverage agreement (MCC-81, 7WCC 82, MCC-83 or TWCC 84), showing statutory workers' compensation ins urance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of arty such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing hauling, or delivering equipment or materials, Or Providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such asfood/beverage vendors, office supply deliveries, and delivery of portable toilets. " B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01](44) for all employees of the contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extender E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of co verage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services an the project, • and (2) no later than seven days after receipt by the contractor, a new certificate of coverage Showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services an the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may ver coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on o project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01] (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage Showing extension of coverage, if the coverage period shown on the current certiflcate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by Paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of theproject, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Sey. M Page 10 ofl] Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. . K The contractors failure- to"somply -with any of these provisions- is a breach of-contract-b the - • contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breackfrom the governmental entity" Page 11 of 11 RFP NO. 2012-02 AGREEMENT FOR JOB ORDER CONTRACTING (JOQ FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT K ADDENDUM TO SPECIAL AND GENERAL PROVISIONS The following three provisions (the "Substantial Completion Provisions ") are added to the Contract and govern completion of the Work. These Substantial Completion Provisions change the Contract to add a substantial completion clause and two partial utilization clauses to the contract. In case of a conflict in any of the terms in the Contract Documents, the Substantial Completion Provisions take precedence, tramp and prevail over any conflicting provision in the Contract Documents, including provisions in Addenda issued during the bidding phase, Special Provisions, construction plans, Standard Specifications, and General Provisions, and specifically over Special Provision A -34. Substantial Completion Provisions added: § 1.01 Substantial Completion; § 1.02 Partial Utilization; and § 1.03 Partial Utilization, Acknowledgment of Property Insurer Without limiting the foregoing, the Substantial Completion Provisions take precedence, trump and prevail over: Special Provision §§ A -b; A -18; A -39; and A-49 General Provision §§ B -7 -8; B -8 -9; and B -8 -10 W RFP NO. 2012-02 AGREEMENT FOR JOB ORDER CONTRACTING (JOC) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT K ADDENDUM TO SPECIAL AND GENERAL PROVISIONS 1.01 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify the City in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that the City issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, City, Contractor, and Architect, if applicable, shall make an inspection of the Work to determine the status of completion. If City (or Architect, if applicable) does not consider the Work substantially complete, City (or Architect, if applicable) will notify Contractor in writing giving the reasons therefor. C. If City (or Architect, if applicable) considers the Work substantially complete, City (or Architect, if applicable) will deliver to City a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. City shall have seven days after receipt of the tentative certificate during which to make written objection to City (or Architect, if applicable) as to any provisions of the certificate or attached list. If, after considering such objections, City (or Architect, if applicable) concludes that the Work is not substantially complete, City (or Architect, if applicable) will, within 14 days after submission of the tentative certificate to City, notify Contractor in writing, stating the reasons therefor. If, after consideration of City's objections, City (or Architect, if applicable) considers the Work substantially complete, City (or Architect, if applicable) will, within said 14 days, execute and deliver to City and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as City (or Architect, if applicable) believes justified after consideration of any objections from City. D. At the time of delivery of the tentative certificate of Substantial Completion, City (or Architect, if applicable) will deliver to City and Contractor a written recommendation as to division of responsibilities pending final payment between City and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless City and Contractor agree otherwise in writing and so inform City (or Architect, if applicable) in writing prior to City (or Architect, if applicable)'s issuing the definitive certificate of Substantial Completion, City (or Architect, if applicable)'s aforesaid recommendation will be binding on City and Contractor until final payment. h ATTACHMENT "K" ff Pagel oft E. City shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property (` and complete or correct items on the tentative list. 1.02 Partial Utilization A. Prior to Substantial Completion of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Architect (if applicable), and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: I. City at any time may request Contractor in writing to permit City to use or occupy any such part of the Work which City believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, City, and City (or Architect, if applicable) will follow the procedures of Paragraph 1.01 A through D for that part of the Work. 2. Contractor at any time may notify City (and Architect, if applicable) in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request City (or Architect, if applicable) to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, City, Contractor, and Architect (if applicable) shall make an inspection of that part of the Work to determine its status of completion. If City (or Architect, if applicable) does not consider that part of the Work to be substantially complete, Architect (if applicable), will notify City and Contractor in writing giving the reasons therefor. If there is no Architect for the Project, City will notify Contractor in writing giving the reasons therefore. if City (or Architect, if applicable) considers that part of the Work to be substantially complete, the provisions of Paragraph 1.01 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 1.03 regarding property insurance. 1.03 Partial Utilization, Acknowledgment of Property Insurer A. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 1.02, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to the Notice to Contractors — A Insurance Requirements, have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ATTACHMENT "K Page 2 of 2 RFP NO. 2012 -02 AGRZM13MT FOR JOB ORDER CONTRACTING (JOG) FOR MINOR CONSTRUCTION, REPAIR, REHABILITATION, AND ALTERATION OF FACILITIES ATTACHMENT L SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2 :00 p.m., Wednesday, July 18, 2012 Proposals mailed should be addressed in the,following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: JOC PROPOSAL A pre - submittal conference will be held on Monday, June 25,2012 beginning at 9:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the Cit A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A - 3 Description of Project The project consists of minor construction which may include new office construction (as well as demolition) to completing a new floor plan, etc. Repair is defined as work that involves the reparation of a broken system, component, or sub - component of a building such as doors, electrical, plumbing, flooring, sheetrook, and /or air conditioning systems, etc. Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. This RFP is requesting services for construction services for three (3) areas_ (1) general, (2) mechanical /electrical /plumbing (MEP) ; and (3) roofing. A -4 Method of Award The contract is awarded as a Job Order Contract (J.O.C.) and prices established through the use of RSMeans cost pricing. A -5 Items to be Submitted with Proposal �m+ The following items are required to be submitted with the proposal: section A - SP (Revised 12/1S/04) AITACI31S L Page 1 of 24 1, 9% BiLd Read Must LaefieVenee PV2J19k=ff6M as identifited la bhe PmT eeal) JOB ORDER CONTRACT (JOC) 2. Disclosure of Interests Statement 3. Submittal of Materials A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, 5OO per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract., the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Re 11/15/04) ATTACIMEM L Page 2 of 24 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction . In case of conflict, Contractor shall use higher wage rate. W ni m,m W Scales The OmTus C brieti City C=icil has determined the general preva minim= h>aurly wage rates for Nueees County, TWas as set out in Part C. The Contractor and any subcontractor must not pay less than the speci fied wage rates to all laborers workmen, and mecibanics employed by then in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mecb nnic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor mast keep an accurate record showing the names and classifications of all laborers warlord, and mechanics employed by them in ccmrje � with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City ocntractior will also obtain copies of such certified payrolls fray all_ t and others working on the Project. T hese dornents will also be submitted to the City Engineer bi- weekly. (See section for Minority/Mhxmmty Business gnterprise Parti cipation Policy for additional requi rements concerning the proper form and content of the payroll suhxaittals.) Cne and one-half (1 %) times the specified bmwly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked can Sundays or holidays. (See Section B -1 -1, Definition of TpXM, and Section B -7 -6, Making Ekxzs. ) A -31 with Public es (Revised 7/5/00) The Contractor shall cooperate with all public and private agenCleS with facilities operating within the limits of the Project. The Contractor sira11 prmide a farty - eight (48) hour notice to MY applicable agency when work is anticipated to proceed in the vicinity of any facility by Using the Texas One -Call System 1 -800- 245 - 4545, the Lane Star Notification Company at 1- 800 - 669 - 8344, and the Scuthwes Se11 Locate Getup at 1 800 - 828 - 5127. Ptar the Ccaltlactar-s C=mnienae, the fo llawi ng teiepftne numbers are listed. City Enginee 361- 826 -3500 Project Manager 361 -826 -3550, 826 -3594 Traffic EnghVer n 880 -3540 police D4partnent 882 - 1911 water Department 857 -1881 (880 -3140 after hours) Wastewater Dgmrtment 857 -1800 (880 -3140 after hours) Cos Department 885 -6900 (885 -6900 after hours) Storm Water Department 826 -1875 (880 -3140 after hours) Parks & Ration Dgmrtmlent 826 -3461 Streets & Solid Waste Services 826 -1970 $action A - 8P (ltevieed 12/15/04) ATTACMERM L Page 3 of 24 A 8 P 1 -877- 373 -4058 (693 -9444 after hours) S B C 881 -2511 (1 -800- 824- 4424,after hours) City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 857 -1960 Cable is icn 857 -5000 (857 -5060 after lours) ACSI (F iber Optic) 887 -9200 (Pager 800- 724 -3624) KW (Fiber Optic) 813 -1124 (Pager 888 - 204 -1679) ` OnieeCbm (Fiber Optic) 881 -5767 (Pager 850 -2981) _. Ckm= (Fiber Optic) 512 -935 -0958 (Mobile) Brooks Fiber Optic (HAAM 972- 753 -4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the _accuracy and completeness of such information is not aranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price, All such repairs must conform to the requirements of the company or agency that owns the utilities- Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted b� the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. section A - SP (Revised 12/15/04) A 1`ACEMMPP L Page 4 of 24 All costa for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Mydpment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for nstreet Excavation "; therefore, no direct payment will be made to Contractor. AWN A -16 Dia osal Salva a of materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALmu%R days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items-. Section A - SP (Revised 12/15/04) ATTACSM7T L Page 5 of 24 I . Initial Schedule Submit to the City Engineer three (3) days prior to The Pre - Construction Meeting an initial Construction Progress Schedule for review. AFRN 2. Items to Include Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates Indicate submittal dates required for all submittals. 4. Re- Submission Revise and resubmit as required by the City Engineer. S. Periodic Update Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. 3 €, fer- whate -res reaeea, it —io neeessaryto deviate €eem- prepesed iiee —aid gea& te— prepewly exeeutte the —weAe, the =enteaeae the City er Consultant PNejeet Engineer priew te deviation, af, in t-he epiale e€ 45he -6rty or Consultant= — Prejeet; FAV Ineer, b neeessitate a revision to the drawings, the genteaetse shall provide /"Sinew to revise the reets _ . • All –ear -b Eet%ms at p oint of tcamgeaey peifbt __ elrzeumf: retie_ _.... eursa an d jucc flow line bvch - 9iQeA F3€ Bficl£ 8F3 -- ors— ti4teriie'e1-F- • Street erewne en a 2991 intemmlAal -aadat all lntewseetieae- Section A - SP (Revised 12/15/04) A4TACaDEINP L Page 6 of 24 Wastewater- a All Fiff4inyert e 1 e4 , & U!e s aft mVmnhn a Gasisag elevations (top -erg— pipe - and €lew lies A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A 21 projeet 0&1!!2 €ellewiag 06-awings . (Attaehmeat I ; ;) The signs • -•- must be installed b e f ore the Gestraetev. The leeab&ea ef the signs w4:11 he detemined in the fie the crit._ R.,._, _. - - A -22 Kinori5X /Kinority Business Enterprise Participation policy (Revised 10 /98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any section A - sp (Revised 12/35/04) ATTACEMEWT L Page 7 of 24 combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise A business enterprise that is owned and controlled by one or more minority person($). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: I. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0W of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0W of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, 060tion A - SP (Revised 12 /15/04) A1TACRGMT L Page S Of 24 managerial, or technical skills in the work to be performed by the joint venture. 3- Goals 4. Xincrity Participation Minority Business Enterprise (percent) Participation (Percent) 45 % 15 % a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7 /s /00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection , after the building- -2rs Geeepamey, whenapplieeble, Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest SeCfion A - $P ( Revised 12115104) ATTACHMMIT L Page 9 of 24 in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. OWN Heetion A - HP (Re�&ed 22/15/04) 11'J,`rACMUM L Page 10 of 24 A -26 Supplemental Insurance Requirements FS For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (34) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and " hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. h 27 few Damage Gla MGT 982-0 eever-age for the tem of the GentvaGt uP to and ifteluding the date the Section A - SP (Raviaed 12/15/04) AZT UMDOW L Page 11 of 24 A b idder may al be— laeWA:E'ed €e soff ly— eenstm- aetiea L- a €ereeees and a €inane €a!— atateffieet, prepared ne later than ia&ae (90) days pwlev to the Gity A -29 Contractor's Field Administration Staff ` The contractor shall employ for this Project, as its field admini stration staff, s and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this det may include the following: 1. The Super intendent must have at least five (5) years recent expe rience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requi and City contract close -out procedures. The superintendent W- be present, cc the job ,site, at all times that work la being perfc=wd. 2. Foremen, if utilized, shall have at least five (5) years recent e in similar work and be subordinate to the superintendent. Foremen caaapt act as superintendent withoat prior written approval fram the city. Documentation concerning these requirements will be reviewed by the city Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. section A - 8P (Revised 12115/04) AT'tACMUM L Page 12 of 24 Such vritten approval of field administration staff is a prerequisite to the city 8ngiueer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the tern of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. section A - Sp (Revised 12115104) A'1TAC MEM L Page 13 of 24 —fer Mianie3pal .-... ataF ._ 3e3 1 +senera! Pxe ead REgaireeente - *isleas Gentreets" Seetlen B 3 l Consideration eril - a € G806va - At ad he gell= ing tembi -t-he -pub! i ege� }erg and reading wib4to_4.1 (5) days €ellewing werking ^ egfie prepesals gJahmit the giby- Engineer -te i. A list --of she-- maje= eempenents 2. A list € the to be ineerperated of theme* lobe the PNejeet; J - - -J - a - gr ees section A - Sp (Revised 12115104) A'1TAC MEM L Page 13 of 24 a. Beemmentation regtred -urBucawfa to the - Ggeei�a:l PNevd:94;ene A and A 29 eent*aeterls Field Admialebraties Staff;- A -31 Amid Policy on Extra Wwk and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8-5 Policy on Extra work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Aid °Eaoecution of Contract" Under " General Provisiom and Requirements for Municipal Construction aontractsn B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City En gineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Atto or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. JL-33 Caaditian of work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Gentrasteo is r-mi nded A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental special Provisions (if applicable), construction Section A - SP (Revised 12/15/04) ATPACMUMiR L Page 24 of 24 plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - SP (xevieed 12/15/04) ATTACSMBNT L Page 25 of 24 bel,hemes awe not available for Gembraetm upee-C Sactian A - SP (Revised 12/15/04) ATTAR' L N"m 16 OP 24 T Tom- ..h nts All teenehing - €er this p ejeet at the -GG, N, Stevens Water— T-Lceatmeat A -36 Other Submittals I. Shop Drawing_ Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Rep3sedusiblesi in addibien to the required eeples, the GentvaeteE c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor s Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e_ Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. section A • sP (Revised 12/15/04) ATTACHMENT L Page 17 of 24 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and ReAair Reoort When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise the related equipment will not be approved for use on the project, _ ate- the ge i ., 4 w - A -38 Worker's Compensation Coverage for Building or construction Projects for Government Entities The requirements of "Notice to Contractors - B" are incorporated by reference in this Special Provision. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with section A - SP (Revised 12/15/04) A1TT L Page 18 of 24 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 ozone Advisory NOT USED Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations it is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts' B -6.21 Indemnification & Hold Harmless text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 2htme Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -built Dimensions and Dra wings (7 /5 /oo) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- A VO N SeCtipn A - 8P (R.eviaea 12/15/04) ArrACMUM L Page 19 of 24 built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following; (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. . 11 survey the e*aet- pipeli�ae-. A -48 Overhead Electrical Wires (7/5/00) SeCtion A - SP [Revised 12/15/04) A'1`rACMM" A Page 20 09 24 Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are marry overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A - 49 Amended OKalntenAmce Guaranty" (8 /24/00) Under "General Provisions and Requirements for Municipal Construction Contracte", B -8-11 Maintenance Guaranty add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." id A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress add the following: "Funds. are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." ��- Tr _ WA Section A - SP (Revised 12/15/04) ATTAR L Page 22 of 24 A -52 value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent Proposal. The Contractor`s attention is further directed to paragraph B -2 -3 Examination of Plans, Specifications and Site of the work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. ra section A - sP (Revised 12/15/04) ATTACMUMT L Page 22 of 24 Section A - SP (Revieed 12/15/04) ATIACMIENT L Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: OWNER: CITY OF CORPUS CHRISTI EMINEBR: CONTRACTOR: SUBMITTAL DATES APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL aeetion A - 8P (Revised 12/15/04) ATTACBEEITT L Page 24 of 24