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HomeMy WebLinkAboutC2015-447 - 11/17/2015 - Approved SMALL CONSTRUCTION CONTRACT AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This CONSTRUCTION AGREEMENT is between the City of Corpus Christi, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee and Pfeiffer & Son, Ltd ("CONTRACTOR"), acting by and through its duly authorized representative, e#40‘464 1-• AStersu— (Name), (Title). The parties agree as follows: Q. GLPfs.riPG41t c.< WITNESSETH: 1. CONTRACTOR shall complete certain improvements described in the proposal attached as Exhibit "A", perform all work as provided in said proposal, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the scope of work and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work. 2. The Work described in Exhibit "A" shall be completed within 7 Calendar Days of Notice To Proceed. 3. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of $69,064.50. Said payment shall be conditioned upon the acceptance of the work by the "CITY" as certified by its final inspection following the receipt of notice from the "CONTRACTOR" that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the "CONTRACTOR" shall clean and remove from the work site all surplus and discarded materials, temporary structures, and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The "CONTRACTOR" shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. 2015-447 11/17/15 Insert Proj Name& # Res. 030685 Page 1 of 3 Pfeiffer & Son Ltd INDEXED 4. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance and rate of progress of the Work. 5. The CONTRACTOR agrees to comply with all insurance requirements as contained in Exhibit "B" (Insurance Requirements) and Notice To Contractors B (Worker's Compensation Coverage for Building or Construction Projects for Government Entities). 6. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 7. The CONTRACTOR shall furnish the CITY a Payment Bond equal to 100% of the total contract amount, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in this contract, and for the use and protection of each claimant. A Payment Bond will not be required if the agreement amount does not exceed $25,000.00. If the award amount exceeds $25,000.00, a Payment Bond will be required. The Payment Bond will be for 100% of the total amount awarded. The surety company must designate a local resident agent. A bond that is given to the City under this contract must be executed by a surety company that is authorized and admitted to write surety bonds in the State of Texas. 8. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. Insert Proj Name& # Page 2 of 3 IN WITNESS WHEREOF this Agreement is executed in duplicate originals, both equal force and effect. CITY OF CORPUS CHRISTI CONTRACTOR: ihmst; "inhf C“Z4 0774/701r" Ron Olson Date Pfeiffer & Son, Ltd Date City Manager PO Box 1116 116 N. 15th Street La Porte, Texas 77572 RECO M N + - %. 281-471-4222 is a i X281-417-6856 Fax Wes Pierson Date 5 Assistant City anager of General Govt & Operations Support ATTEST: 1-2c2Le-C.,C-C" REBECCA HUERTA CITY SECRETARY APPROVED AS TO LEGAL FORM: l0 -30 -IS" � m_ A,s 7 gal Department DatepQCX5 . ul -�u�, rr COUNCIL.. APPROVED: 42414 1 /..S SECRETARY Director of Management & Budget Date Project Number Accounting Unit Account Activity Account Category Fund Name Insert Proj Name& # Page 3 of 3 EXHIBIT A PFEIFFER&SON, LTD. Electrical & Telecommunication Contractors October 28,2015 RE:Harbor Bridge Light Repairs/Preventative Maintenance 2015 Per the information given by Terry Orf,we are pleased to offer for your consideration the following quote for the LED light repairs/Preventative Maintenance on Harbor Bridge.We propose to provide all labor,and equipment needed to complete this work(Not to Exceed)$69,064.50 charge for work complete. Our scope includes the following: 1) Troubleshoot and make repairs as follows. a) Repairs include drilling weep holes in existing equipment boxes.$3,500.00 b) Replacing damaged PVC coated unistrut as needed.$4,900.00 c) Replacing damaged stainless steel all thread as needed.$3,500.00 d) Troubleshoot bridge communication system.$5,500.00 2) This quote includes the following. a) One 125'man lift for 5 days includes delivery and pick up.$8,150.00 b) One 80'man lift for 5 days incudes delivery and pick up.$5,750.00 c) 4 TXDOT single lane closures.$10,000.00 d) One 15 ton crane with man basket for 2 days-$8580.00 3) Scope includes driving up on a Sunday,receiving the lifts Monday morning,single lane closures on Monday- Friday,returning the lifts on Friday afternoon,and driving back to La Porte on Friday. 4) Our work schedule includes 4 workers starting work at 6 Am to 5 Pm.Portal to Portal from Sunday to Friday afternoon approximately 240 man hours plus Per Diem and lodging.$17,500.00 To avoid confusion,we offer the following clarifications: 1. Payment bond is included at 2.5%{$1,684.50) 2. Traffic control is included. 3. Two aerial man lift is included. 4. All lights are provided by Customer we will provide unistrut and mounting hardware only. 5. The previous quote is based upon information provided by the customer. If the actual conditions or requirements deviate from the provided information this quote may have to be re-evaluated and re-priced. 6. Insurance coverage is at our standard levels. --This Quote is only valid for 30 days.— If accepted fax or mail. Accepted by: Date: Please print name: P.O.4: If you have any questions or need additional information,please feel free to contact me at(281)471-4222. Sincerely, Gps‘ty T1'31101 Andy Yoder Estimator PHONE:(281)471-4222*FAX:(281)471-6856 P.O.BOX 1116* 116 N. 16TH STREET LA PORTE,TEXAS 77572 Regulated by the Texas Department of Licensing and Regulation PO Box 12157,Austin,TX 78711;(800)803-9202;(512)463-6599 www.l i ce n se.s tat e.tx.u s Adopted Administrative Rules:73.51(c)Electrical Contractors Responsibilities EXHIBIT B (Revised November-2013) INSURANCE REQUIREMENTS 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 a certificate, with the City named as an additional insured, showing the following minimum coverage from an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates PER OCCURRENCE/AGGREGATE Commercial General Liability, including: $1,000,000 PER OCCURRENCE 1. Commercial Form $2,000,000 AGGREGATE 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 Injury BUSINESS AUTOMOBILE LIABILITY— OWNED $1,000,000 COMBINED SINGLE LIMIT NON-OWNED OR RENTED/LEASED STATUTORY WORKERS'COMPENSATION EMPLOYERS'LIABILITY $500,000/500,000/500,000 EXCESS LIABILITY/UMBRELLA LIABILITY $1,000,000 PER OCCURRENCE PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 PER CLAIM ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden &accidental discharge; to REQUIRED include long-term environmental impact for the disposal of contaminants X NOT REQUIRED EQUAL TO CONTRACT PRICE BUILDERS'RISK (ALL PERILS INCLUDING 0 REQUIRED X NOT REQUIRED COLLAPSE) EQUAL TO CONTRACT PRICE INSTALLATION FLOATER 0 REQUIRED X NOT REQUIRED Exhibit B — Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. IL INDEMNIFICATION AND HOLD HARMLESS A. CONTRACTOR shall indemnify, save harmless and defend the City of Corpus Christi, and 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 solely by the negligence or other fault of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. 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. C. 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 Exhibit B — Insurance Requirements Page 2 of 3 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 ), 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. 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 PROJECT should also be listed under "description of operations". Exhibit B - Insurance Requirements Page 3 of 3 City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: FPFS-P-- " SQ-i,) ! P.O. BOX: ( ( STREET ADDRESS: ( (L Ki . ( CITY: L-01. /9#cc ZIP: 7-1-Si7l FIRM IS: I. Corporation 2. Partnershipi!T3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of thisage or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name ! Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name /1/4Y /A, Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N /� Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signedwriting to the City official,employee or body that has been requested to act in the matter, the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: et-1442-1.4-•, t, , p _ Title: y(,(, 1q,,t. eF G peso t..-,£1 C. (Type or Print) a, {,,/.ke►Areeof044.�.. Signature of Certifying Person: (74j Date: /D/Zd'/is,/s- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. i�"', PFEIS-1 OP ID:SE AWRD- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 16.----- 05/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Phone: 713-581-2102 NA�)E; Scarlett Espree Risk Services Leavitt Ins Agcy Fax:866-699-9142 PHONE 713-581-2104 FAx 2180 N.Loop West#140 lac.No.Ex*713-581-2104 No): 866-699-9142 Houston,TX 77018 E-MAIL scarlett espree a@rslinsurance.com Vlad Chemadurov INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Phoenix Insurance Company 25623 INSURED Pfeiffer&Son,LTD. INSURER B:Travelers Ind.Co.of America 25666 P.O.Box 1116 Travelers Casualty Insurance LaPorte,TX 77572 INSURER C: 19046 INSURER D:Navigators Insurance Company 42307 INSURER E:Catlin Specialty Insurance Co 15989 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUBR POLICY LICY EFF POLICY EXP LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY DT-CO-8F233924 05/31/2015 05/31/2016 DAMAGEIO aoc urr 300,000 PREMISES{Ea ocNcurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 X Contractors Ltd PERSONAL&ADV INJURY $ 1,000,000 Pollution-8/mill GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —7 POLICY n JECT LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ B X ANY AUTO DT-BA-8F233924 05/31/2015 05/31/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 D EXCESS LIAB CLAIMS-MADE HO15EXC2486471V 05/31/2015 05/31/2016 AGGREGATE $ 15,000,000 DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- 0TH AND EMPLOYERS'LIABILITY °R- AND LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVEYIN DTS-UB-SF24371A 05/31/2015 05/31/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Installation Coy IM16860020516 05/31/2015 05/31/2016 Per Occ 500,000 E Leased/Rented Equ IMI6860020516 05/31/2015 05/31/2016 Per OCC 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard Street Corpus Christi,TX 78401-2825 AUTHORIZED REPRESENTATIVE t '4-' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD PFEIS-1 PAGE 2 NOTEPAD INSURED'S NAME Pfeiffer&Son, LTD. OP ID:SE DATE 05/26/15 The General Liability and Auto policies includes a blanket automatic additional insured endorsement that provides additional insured status when there is a written contract between the named insured and the additional insured that require status.The General Liability 6 Auto Liability contains Primary and Non-Contributory wording. The General Liability and Auto and Workers Compensation policies policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only to the person or organization for whom the named insured has agreed in a written contract that requires such status. The General Liability and Auto policies includes a blanket notice of cancellation providing for 30 days' advance notice if the policy is cancelled by the company other than for nonpayment of premium. 10 days' advance notice if policy is canceled for nonpayment of premium. Notice sent to certificate holders with mailing addresses on file with the agent company. The endorsement does not provide for notice of cancellation if the named insured request cancellation. Umbrella policy is follow form on all Additional Insured endorsements and Waiver of Subrogation endorsements on the Underlying policies. The Rented 6 Leased policy includes a blanket automatic Loss Payee endorsement that provides Loss Payee status when there is a written contract between the named insured and the Loss Payee that require status.