HomeMy WebLinkAboutC2019-623 - 9/24/2019 - Approved 00 52 23 AGREEMENT
This Agreement,for the Project awarded on Tuesday,September 24,2019, is between the City of Corpus
Christi (Owner) and
Environmental Solutions(US) Ltd dba Terrapure Environmental (Contractor).
Owner and Contractor agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as:
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A
ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE
2.01 The Project has been designed by:
LNV, Inc.
801 Navigation Blvd., Suite 300
Corpus Christi,Texas, 78408
2.02 The Owner's Authorized Representative for this Project is:
Brett Van Hazel, PMP—Assistant Director of Construction
City of Corpus Christi—Engineering Services
4917 Holly Road, Bldg#5
Corpus Christi,Texas 78413
ARTICLE 3—CONTRACT TIMES
3.01 Contract Times
A. The Work is required to be substantially completed within 150 days after the date when the
Contract Times commence to run as provided in the Notice to Proceed and is to be completed
and ready for final payment in accordance with Paragraph 17.16 of the General Conditions
within 180 days after the date when the Contract Times commence to run.
B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL
PROCEDURES.
Agreement 00 52 23-1
ONS WTP Dredging of Lagoons S and 6
Project No. 19052A sctci N ED
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
ONS WTP Dredging of Lagoons
5 and 6
Project No. 19052A
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July 19, 2019
RECORD DRAWING NUMBER WTR - 473
00 01 00 TABLE OF CONTENTS
Division/
Title
Section
Division 00 Procurement and Contracting Requirements
00 00 00 Cover
00 01 00 Table of Contents (Rev.11-14-2018)
00 21 13 Invitation to Bid and Instructions to Bidders (Rev 10-11-2018)
00 30 00 Bid Acknowledgment Form (Rev 10-11-2018)
00 30 01 Bid Form (Rev 10-11-2018)
00 30 02 Compliance to State Law on Nonresident Bidders (Rev 10-11-2018)
00 30 05 Disclosure of Interest(Revo1-2016)
00 30 06 Non-Collusion Certification (Rev 10-11-2018)
00 45 16 Statement of Experience (Rev 10-11-2018)
00 52 23 Agreement (Rev 10-11-2018)
0061 13 Performance Bond (Rev 10-11-2018)
0061 16 Payment Bond (Rev 10-11-2018)
00 72 00 General Conditions (Rev 11-13-2018)
00 73 00 Supplementary Conditions (Rev 10-11-2018)
Division 01 General Requirements
01 11 00 Summary of Work(Rev 10-11-2018)
0123 10 Alternates and Allowances(Rev 10-11-2018)
01 29 01 Measurement and Basis for Payment (Rev 10-11-2018)
01 3301 Submittal Register(Rev 10-11-2018)
01 3500 Special Procedures (Rev10-11-2018)
01 5000 Temporary Facilities and Controls (Rev 10-11-2018)
01 57 00 Temporary Controls (Rev 10-11-2018)
Part T Technical Specifications
46 76 11 Dredging, Dewatering, Hauling, and Disposal
END OF SECTION
Table of Contents 000100- 1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 11/2018
00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS
ARTICLE 1—DEFINED TERMS
1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the
General Conditions and Supplementary Conditions.
ARTICLE 2—GENERAL NOTICE
2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following
Project:
ONS WTP Dredging of Lagoons 5 and 6
Prosect No. 19052A
The project generally consists of dredging, dewatering, hauling and disposal of
approximately 9,500 dry tons(DT)of water treatment plant residuals(sludge)from existing
on-site storage lagoons. Bidders are required to dewater solids to pass paint filter test and
dispose of residuals at Cefe Valenzuela Landfill. The residuals will be dredged primarily
from Lagoon No.'s 5 and 6 as required by the Owner. Both Lagoons are located on-site at
O.N. Stevens Water Treatment Plant, 13101 Leopard Street, Corpus Christi, Texas
(ONSWTP).
2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $2,000,000. The Project
is to be substantially complete and ready for operation within 150 days. The Project is to be
complete and eligible for Final Payment 30 days after the date for Substantial Completion.
2.03 Advertisement and bidding information for the Project can be found at the following website:
www.CivCastUSA.com
2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website
will be updated periodically with Addenda, lists of interested parties, reports,or other information
relevant to submitting a Bid for the Project.
ARTICLE 3— DELIVERY AND OPENING OF BIDS
3.01 Bids must be received no later than Wednesday, August 14, 2019 at 2:00 P.M. to be accepted.
Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to
deliver the Bid, electronic or hard copy, by the specified deadline.
3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with
all required documents identified in the Bid Acknowledgement Form.
3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as
detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04.
3.04 If submitting a hard copy bid or bid security, please address envelopes or packages:
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ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
City of Corpus Christi
Contracts and Procurement Department
City Hall Building, 1" Floor
1201 Leopard Street
Corpus Christi, Texas 78401
Attention: City Secretary
Bid -ONS WTP Dredging of Lagoons 5 and 6, Protect No. 19052A
All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of
the package, the project name and number and that bid documents are enclosed.
3.05 Bids will be publicly opened and read aloud at the date and time shown in paragraph 3.01, at the
following location:
City of Corpus Christi
Contracts and Procurement Conference Room
City Hall Building, VY Floor
1201 Leopard Street
Corpus Christi, Texas 78401
3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the
Bid Summary for all Bids received in time to be considered.
ARTICLE 4—PRE-BID CONFERENCE
4.01 A non-mandatory pre-bid conference for the Project will be held on Wednesday.August 07,2019
at 10:30 A.M. at the following location:
O.N. Stevens Water Treatment Plant
Filter Building
Second Floor
13101 Leopard Street
Corpus Christi,Texas 78401
4.02 All prospective bidders will have the opportunity to conduct a site visit and collect residual
samples immediately before and after the non-mandatory pre-bid conference. Bidders are
responsible for bringing any equipment that they deem necessary for residual sampling. There
will be no additional sampling dates or times made available. All samples must be obtained
during the following dates and times:
A. Wednesday,August 07, 2019 at 8:00 A.M. to 10:00 A.M. and 11:30 A.M. to 5:00 P.M.
ARTICLE 5—COPIES OF CONTRACT DOCUMENTS
5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT.
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5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility
for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.
5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for
completion of the Project and does not confer a license or grant permission or authorization for
any other use.
ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS
6.01 Before submitting a Bid:
A. Examine and carefully study the Contract Documents, including any Addenda and related
supplemental data.
B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost,
progress, or the completion of Work.
C. Carefully study and correlate the information available to the Bidder with the Contract
Documents, Addenda, and the related supplemental data.
D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers
in the Contract Documents, Addenda, and the related supplemental data.
E. Determine that the Contract Documents, Addenda, and the related supplemental data are
generally sufficient to indicate and convey understanding of all terms and conditions for
completion of Work.
6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the
Bidder has complied with every requirement of this Article 5, that without exception the Bid is
premised upon completion of Work required by the Contract Documents, Addenda, and the
related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors,
ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents,
Addenda,and the related supplemental data and the written resolutions provided by the OAR are
acceptable to the Bidder, and that the Contract Documents, Addenda, and the related
supplemental data are generally sufficient to indicate and convey understanding of all terms and
conditions for completion of Work.
ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS
7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the
related supplemental data using the Owner's Bidding Website at www.civcastusa.com.
Responses to questions submitted will be posted on the website by the Owner for the benefit of
all Bidders. Questions must be submitted by 5:00 p.m. seven (7) days prior to the date of the bid
opening. Inquiries made after this period may not be addressed.
7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with
the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids.
OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the
Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the
Contract Documents, except as modified by Addenda, may be considered non-responsive.
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7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the
related supplemental data as deemed advisable by the Owner or Designer. Modifications to the
Contract Documents prior to the award of contract can only be made by Addenda. Only answers
in Addenda authorized by the Owner will be binding. Oral and other interpretations or
clarifications will be without legal effect.
ARTICLE 8—BID SECURITY
8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will
enter into a contract for the Project with the Owner within 10 days of Notice of Award of the
Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5
percent (5%) of the greatest amount bid.
8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order,
or bank draft from a chartered financial institution authorized to operate in the State of Texas.
Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall
scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond,
cashier's check,certified check, money order or bank draft must be enclosed in a sealed envelope,
plainly identified on the outside as containing bid documents,the bidder's name and the job name
and number and delivered as required in Article 3 of this Section.
8.03 Bid Bond Requirements:
1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be
paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days
of Notice of Award of the Contract, the Bidder/Principal:
a. fails to enter into a contract for the Project with the Owner; or
b. fails to provide the required Performance and Payment Bonds.
2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the
Bidder/Principal's bid and the next highest bidder.
3. The Bid Bond must reference the Project by name as identified in Article 2.
4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid
Bond Requirements.
8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not
be considered.
8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid
Security to the City as liquidated damages.
8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the
apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the
Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable
chance of receiving the award may be retained by the Owner until the earlier of 7 days after the
Effective Date of the Contract or 90 days after the date Bids are opened.
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8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but
the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid
Securities become void and will be released by the Owner when the Contract is awarded or all
Bids are rejected.
ARTICLE 9—PREPARATION OF BID
9.01 The Bid Form is included with the Contract Documents and has been made available at the
Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink.
Indicate Bid prices for each Bid item or alternate shown in accordance with SECTION 01 29 01
MEASUREMENT AND BASIS FOR PAYMENT.
9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of
authority to sign.
9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide
a signature as indicated to verify that the Addenda were received. A Bid that does not
acknowledge the receipt of all Addenda may be considered non-responsive.
9.04 Provide the name, address, email, and telephone number of the individual to be contacted for
any communications regarding the Bid in the Bid Acknowledgement Form.
9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas
or covenant to obtain such qualification prior to award of the Contract.
ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION
10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information
in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure
of confidential information to competing Bidders and keeps the Bids from the public during
considerations. All Bids are open for public inspection after the Contract is awarded, but trade
secrets and confidential information in Bids are not typically open for public inspection. The
Owner will protect this information to the extent allowed by Laws and Regulations. Clearly
indicate which specific documents are considered to be trade secrets or confidential information
by stamping or watermarking all such documents with the word "confidential" prominently on
each page or sheet or on the cover of bound documents. Place "confidential" stamps or
watermarks so that they do not obscure any of the required information on the document, either
in the original or in a way that would obscure any of the required information in a photocopy of
the document. Photocopies of "confidential" documents will be made only for the convenience
of the selection committee and will be destroyed after the Effective Date of the Contract. Original
confidential documents will be returned to the Bidder after the Effective Date of the Contract if
the Bidder indicates that the information is to be returned with the Bid, and arrangements for its
return are provided by the Bidder.
ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID
11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a
written request to withdraw the Bid prior to the time set for opening the Bids.
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11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed
written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates
to the reasonable satisfaction of the Owner that there was a material and substantial mistake in
the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the
Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to
withdraw its Bid under these conditions may be disqualified from responding to a reissued
invitation to Bid for the Work to be furnished under these Contract Documents.
ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE
12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion,
release any Bid and return the Bid Security prior to the end of this period.
ARTICLE 13—STATEMENT OF EXPERIENCE
13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE
with the date Bid to demonstrate that the Bidder meets the minimum requirements to complete
the Work. Failure of Bidder to demonstrate,through submission of the Statement of Experience,
the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE will be
cause to refect a Bid.
ARTICLE 14—EVALUATION OF BIDS
14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record,
the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether
the Bidder has met the minimum specific project experience requirements.
14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of
the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work
in accordance with the Contract Documents.
14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and
methodology as well as the Bidder's recognition that some subjective judgments must be made
by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have
against the OPT and their respective employees, arising out of or in connection with the
administration, evaluation, or recommendation of any Bid.
ARTICLE 15—AWARD OF CONTRACT
15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits
a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder
for the base bid, plus any combination of Add or Deduct Alternates.
15.02 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming,
non-responsive or conditional Bids. The Owner reserves the right to adopt the most
advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in
stating Bid prices and/or waive any or all formalities.
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15.03 More than one Bid for the same Work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an interest
in more than one Bid for the Work shall be cause for disqualification of that Bidder and the
rejection of all Bids in which that Bidder has an interest.
ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY
16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation
Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS.
16.02 Minority participation goal for this Project has been established to be 45%.
16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%.
ARTICLE 17—BONDS AND INSURANCE
17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the
Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the
executed Agreement to the Owner, it must be accompanied by the required bonds and evidence
of insurance.
17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of
Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas
Government Code Chapter 2253 and the provisions of these Contract Documents.
ARTICLE 18—SIGNING OF AGREEMENT
18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to
the City Council for those project awards requiring City Council action. The Selected Bidder will
be required to deliver the required Bonds and insurance certificates and endorsements along with
the executed Contract to the Owner within 10 days. The Contract will be signed by the City
Manager or his/her designee after award and the Bidder's submission of required documentation
and signed counterparts. The Contract will not be binding upon Owner until it has been executed
by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable
for any delays prior to the award or execution of Contract.
ARTICLE 19—SALES AND USE TAXES
19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of
Texas and is usually not subject to any City or State sales or use taxes, however certain items such
as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume
responsibility for including any applicable sales taxes in the Contract Price and assume
responsibility for complying with all applicable statutes and rulings of the State of Texas
Comptroller.
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19.02 It is the Owner's intent to have this Contract qualify as a "separated contract."
ARTICLE 20—WAGE RATES
20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of
prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in
SECTION 00 72 00 GENERAL CONDITIONS. Bidders must pay not less than the minimum wage
shown on this list and comply with all statutes and rulings of the State of Texas Comptroller.
ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING
21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers,
employees,consultants,or contractors in such a manner as to influence or to attempt to influence
the bidding or contract award process. In the event it reasonably appears that the Bidder
influenced or attempted to influence the bidding or award process,the City may, in its discretion,
reject the Bid.
ARTICLE 22—CONFLICT OF INTEREST
22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ
with the City of Corpus Christi City Secretary's Office, if required. For more information on Form
CIQ and to determine if you need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES
23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295
Certificate of Interested Parties as part of this contract, if required. For more information, please
review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
ARTICLE 24- REJECTION OF BID
24.01 The following will be cause to reject a Bid:
A. Bids which are not signed by an individual empowered to bind the Bidder.
B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as
required by Article 8.
C. More than one Bid for same Work from an individual, firm, partnership or corporation.
D. Evidence of collusion among Bidders.
E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct
or willful refusal by bidder to comply with subject contract or instructions of Owner.
,
appl4eable.
G. Bids received from a Bidder who has been debarred or suspended by Owner.
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H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended
by Federal, State or City governmental agencies.
I. Bids received from a Bidder identified on a list prepared and maintained by the Texas
Comptroller under Chapter 2252 of the Texas Government Code.
J. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the
experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE.
K. Failure to submit Bid Information specified in Section 00 45 16 STATEMENT OF EXPERIENCE
with the bid.
24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular.
The City reserves the right to waive any irregularities and any or all formalities:
A. Poor performance in execution of work under a previous City of Corpus Christi contract.
B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract.
Evidence of Bidder's recurring failure to complete an item of work within a timeframe
acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's
failure to achieve reasonable progress under this subsection.
C. Default on previous contracts or failure to execute Contract after award.
D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with
Contract requirements.
E. Bids containing omissions, alterations of form, additions, qualifications or conditions not
called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of
clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the
Bid.
F. Failure to acknowledge receipt of Addenda.
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H. Failure to timely execute Contract after award.
I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e.
U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.).
J. Bidder's Safety Experience.
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L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if
required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF
EXPERIENCE.
M. Evidence of poor performance on previous Projects as documented in Owner's project
performance evaluations.
N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based
on unit prices which are significantly less than cost for some Bid items and significantly more
than cost for others. This may be evidenced by submission of unit price Bid items where the
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cost are significantly higher/lower than the cost of the same Bid items submitted by other
Bidders on the project.
O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of capacity to perform
the Work will include a factual review of (i) all remaining work or incomplete work items
under any existing city or non-city contract; (ii) resources, workforce, equipment and
supervision/supervisory staff; (iii) past performance to timely complete the same or similar
work in a good and workmanlike manner utilizing same or similar remaining resources or
under the same or similar conditions. Evidence of incomplete work items under any existing
City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to
perform the Work.
END OF SECTION
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00 73 00 SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and
other provisions of the Contract Documents. All provisions not amended or supplemented in these
Supplementary Conditions remain in effect.
The terms used in these Supplementary Conditions have the meanings stated in the General Conditions.
Additional terms used in these Supplementary Conditions have the meanings stated below.
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
SC-1.01 DEFINED TERMS
A. Delete the last sentence in Paragraph 1.01.A.26 and replace with the following:
"Designers are Licensed Professional Engineers, Registered Architects, or Registered
Landscape Architects qualified to practice their profession in the State of Texas."
B. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following
organizations:
City of Corpus Christi, Texas
LNV, Inc.
Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as:
1. The following items are complete in accordance with the Contract Documents:
a. 100%of the Contract Total Awarded Quantity of Dry Tons has been removed
from the Project Site
2. Only the following items not yet complete in accordance with the Contract
Documents:
a. Site cleanup, demobilization, record drawings, as applicable, Final punchlist, Final
Pay Request and Final Closeout documentation.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS
A. The allocation for delays in the Contractor's progress for rain days as set forth in General
Conditions Paragraph 4.04.D are to be determined as follows:
1. Include rain days in developing the schedule for construction. Schedule construction so
that the Work will be completed within the Contract Times assuming that these rain
days will occur. Incorporate residual impacts following rain days such as limited access
to and within the Site, inability to work due to wet or muddy Site conditions, delays in
delivery of equipment and materials, and other impacts related to rain days when
developing the schedule for construction. Include all costs associated with these rain
days and residual impacts in the Contract Price.
Supplementary Conditions 007300- 1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
2. A rain day is defined as any day in which the amount of rain measured by the National
Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater.
Records indicate the following average number of rain days for each month:
Month Day Month Days
January 3 July 3
February 3 August 4
March 2 September 7
April 3 October 4
May 4 November 3
June 4 December 3
3. A total of 7 rain days have been set for this Project. An extension of time due to rain
days will be considered only after 7 rain days have been exceeded in a calendar year
and the OAR has determined that a detrimental impact to the construction schedule
resulted from the excessive rainfall. Rain days are to be incorporated into the schedule
and unused rain days will be considered float time which may be consumed by the
Owner or Contractor in delay claims.
ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS
SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS
A. Delete Paragraph 5.03 entirely and insert the following:
"5.03 Subsurface and Physical Conditions
A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site,
or drawings of physical conditions relating to existing surface or subsurface structures at the
Site, are known to Owner."
SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE
A. This Supplementary Condition identifies documents referenced in General Conditions
Paragraph 5.06 which describe Hazardous Environmental Conditions that have been
identified at or adjacent to the Site. No reports of explorations or tests for Hazardous
Environmental Conditions at or contiguous to the Site are known to Owner.
ARTICLE 6—BONDS AND INSURANCE
SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE
Supplementary Conditions 007300-2
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
INSURANCE REQUIREMENTS
CONTRACTOR'S INSURANCE AMOUNTS
Provide the insurance coverage for at least the following amounts unless greater amounts are required
by Laws and Regulations:
Type of Insurance Minimum Insurance Coverage
Commercial General Liability including
1. Commercial Form
2. Premises—Completed Operations
3. Explosions and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations Hazard $1,000,000 Per Occurrence
6. Contractual Liability $2,000,000 Aggregate
7. Broad Form Property Damage
8. Independent Contractors
9. Personal &Advertising Injury
Business Automobile Liability-Owned, Non-
$1,000,000 Combined Single Limit
Owned, Rented and Leased
Workers' Compensation Statutory
Employer's Liability $500,000/500,000/500,000
Excess Liability/Umbrella Liability
$1,000,000 Per Occurrence
Required if Contract Price>$5,000,000
Contractor's Pollution Liability / $1,000,000 Per Claim
Environmental Impairment Coverage
Not limited to sudden and accidental ® Required ❑ Not Required
discharge. To include long-term
environmental impact for the disposal of
pollutants/contaminants.
Required if excavation>3 ft
Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of
Structure and Contents
Required for vertical structures and bridges
❑ Required ❑ Not Required
Installation Floater Equal to Contract Price
Required if installing city-owned equipment ❑ Required ❑ Not Required
Supplementary Conditions 007300-3
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
SC-7.02 Replace Paragraph 7.02 in its entirety with the following:
SC-7.02 Labor; Working Hours
A. Provide competent, suitably qualified personnel to survey and lay out the Work and
perform Work to complete the Project. Maintain good discipline and order at the Site.
B. Perform Work at the Site during regular working hours except as otherwise required for the
safety or protection of persons or the Work or property at the Site or adjacent to the Site
and except as otherwise stated in the Contract Documents.
C. Coordinate work on legal holidays with the OAR, Plant, and the Landfill a minimum of 4
calendar days before the observed holiday. Do not perform work on a SatuFda •, SUR ,
e*legal holiday without OAR's and Plant's consent.The following legal holidays are
observed by the Owner:
Holiday Date Observed
New Year's Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Day December 25
D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal
holiday falls on a Sunday, it will be observed the following Monday.
C. Pay addi+ie-.A-aI r-e-s+ ipeuFFed by/ wRe-r fe-r reryirser A-f+he QAQ A-r DDD to ehserye k4erk
E.
D-•... eRt feF this rest r r Pa FagFaph 1 C (11 Q
F. Dredging and dewatering operations shall be permitted to occur 24 hours per day and 7
days per week given that the equipment and operations comply with the Code of
Ordinances, City of Corpus Christi,Texas, Part III, Chapter 31 (Ord. No. 027440, § 1, 10-9-
2007 .
G. Hauling operations shall be limited to departing ONSWTP between the hours of 7:30 a.m.
and 4:00 p.m. Monday through Friday. No hauling will be permitted on Saturday or
Sunday.
H. Hauling operations are further limited to arriving at Cefe Valenzuela Landfill between the
hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. No loads will be accepted at
Cefe Valenzuela Landfill on Saturday or Sunday.
Supplementary Conditions 007300-4
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS
A. Add the following sentence to the end of Paragraph 7.04.A:
"The Contractor must perform at least 50 percent of the Work, measured as a percentage of
the Contract Price, using its own employees."
ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
SC-14.04 PREVAILING WAGE RATES
A. The minimum rates for various labor classifications as established by the Owner are shown
below:
Wage
Determination Construction Type Project Type
(WD) No
TX-21 Heavy Heavy Construction Projects (including Sewer
and Water Line Construction and Drainage
Projects)
TX-51 Heavy Dredging projects along the Texas gulf coast area
including all public channels, harbors, rivers,
tributaries and the Gulf Intracoastal Waterways.
Supplementary Conditions 007300-5
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6/13/2019 https://wdol.gov/wdol/Seafilesidavisbaconn A21.dvb?v=0
General Decision Number: TX190021 01/04/2019 TX21
Superseded General Decision Number: TX20180031
State: Texas
Construction Type: Heavy
Counties: Nueces and San Patricio Counties in Texas.
HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line
Construction and Drainage Projects)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the E0, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/04/2019
* SUTX1987-001 12/01/1987
Rates Fringes
CARPENTER (Excluding Form
Setting).........................$ 9.05
Concrete Finisher................$ 7.56
ELECTRICIAN......................$ 13.37 2.58
Laborers:
Common......................$ 7.25
Utility.....................$ 7.68
Power equipment operators:
Backhoe.....................$ 9.21
Motor Grader................$ 8.72
----------------------------------------------------------------
haps://wdol.gov/wdol/soafiles/davisbacon/1X21.dvb?v=0 1/4
Supplementary Conditions 007300-6
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6/13/2019 https://wdol.gov/wdol/Seafilesidavisbaconn A21.dvb?v=0
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with i hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
https:(/wdol.gov/wdol/seafiles/davisbacon/1X21.dvb?v=0 2(4
Supplementary Conditions 007300-7
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6/13/2019 https://wdol.gov/wdol/Seafilesidavisbaconn A21.dvb?v=0
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
https:(/wdol.gov/wdol/seafiles/davisbacon/X21.dvb?v=0 3M
Supplementary Conditions 007300-8
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6/13/2019 https://wdol.gov/wdol/Seafilesidavisbaconn A21.dvb?v=0
Washington, DC 20210
2.) If the answer to the question in i.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
haps:(/wdol.gov/wdol/scafiles/davisbeconl1X21.dvb?v=0 44
Supplementary Conditions 007300-9
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6(13/2019 https://wdol.gov/wdol/scefilesidevisbacon/TX51.dvb?v=0
General Decision Number: TX190051 01/04/2019 TX51
Superseded General Decision Number: TX20180075
State: Texas
Construction Type: Heavy Dredging
Counties: Texas Statewide.
DREDGING PROJECTS ALONG THE TEXAS GULF COAST AREA INCLUDING ALL
PUBLIC CHANNELS, HARBORS, RIVERS, TRIBUTARIES AND THE GULF
INTRACOASTAL WATERWAYS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the E0, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/04/2019
* SUTX1994-001 01/18/1994
Rates Fringes
Derrick Operator.................$ 7.25
Dozer Operator...................$ 7.25
Dredge 16" and Over
DECKHAND....................$ 7.25
DREDGE TENDER OPERATOR......$ 7.25
FIREMAN.....................$ 7.25
FIRST ASSISTANT ENGINEER....$ 7.25
LEVERMAN....................$ 7.25
OILER.......................$ 7.25
SECOND ASSISTANT ENGINEER...$ 7.25
SHOREMAN....................$ 7.25
THIRD ASSISTANT ENGINEER....$ 7.25
hops:(/wdol.gov/wdoltswflies/davisbacon(TX51.dvb?v=0 1M
Supplementary Conditions 007300- 10
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6(13/2019 https://wdol.gov/wdol/scefilesidevisbacon/TX51.dvb?v=0
TRUCK DRIVER................$ 7.25
WELDER......................$ 7.25
Dredge Under 16"
DECKHAND....................$ 7.25
DREDGE TENDER OPERATOR......$ 7.25
LEVERMAN....................$ 7.25
OILER.......................$ 7.25
WELDER......................$ 7.25
Hydraulic Dredging
FIRST COOK..................$ 7.25
HANDYMAN....................$ 7.25
JANITOR - CABIN PERSON......$ 7.25
MESS PERSON.................$ 7.25
SECOND COOK.................$ 7.25
Marsh Buggy Dragline
OILER.......................$ 7.25
OPERATOR....................$ 7.25
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after 3anuary 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
haps:(/wdol.gov/wdoltscafiles/davisbacon(TX51.dvb?v=0 214
Supplementary Conditions 007300- 11
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
W13/2019 https://wdol.gov/wdol/scefilesidevisbacon/TX51.dvb?v=0
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
haps:(/wdol.gov/wdoltswflies/davisbacon1Tx51.dvb?v=0 314
Supplementary Conditions 007300- 12
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
6(13/2019 https://wdol.gov/wdol/scefilesidevisbacon/TX51.dvb?v=0
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
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Supplementary Conditions 007300- 13
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION
SC-19.21 COOPERATION WITH PUBLIC AGENCIES
C. For the Contractor's convenience,the following telephone numbers are listed:
Public Agencies/Contacts Phone Number
City Engineer 361-826-3500
LNV, Inc. 361-883-1984
Design Engineer 361-833-1984
Traffic Engineering 361-826-3547
Police Department 361-882-2600
361-826-1800 (361-826-1818 after
Water/Wastewater/Stormwater hours)
Gas Department 361-885-6900 (361-885-6942 after
hours)
Parks & Recreation Department 361-826-3461
Street Department 361-826-1875
City Street Div. for Traffic Signals 361-826-1610
Solid Waste & Brush 361-826-1973
IT Department(City Fiber) 361-826-1956
AEP 1-877-373-4858
AT&T 361-881-2511 (1-800-824-4424 after
hours)
Grande Communications 1-866-247-2633
Spectrum Communications 1-800-892-4357
Crown Castle Communications
1-888-632-0931
(Network Operations Center)
Centuryl-ink 361-208-0730
W i ndstream 1-800-600-5050
Regional Transportation Authority 361-289-2712
Port of Corpus Christi Authority Engr. 361-882-5633
TxDOT Area Office 361-808-2500
Corpus Christi ISD 361-695-7200
Supplementary Conditions 007300- 14
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
ARTICLE 25—SHOP DRAWINGS
SC-25.03 CONTRACTOR'S RESPONSIBILITIES
A. Provide Shop Drawings for the following items:
NONE
ARTICLE 26—RECORD DATA
SC-26.03 CONTRACTOR'S RESPONSIBILITIES
A. Submit Record Data for the following items:
Specification Section Record Data Description
46 76 11 Trip Tickets
00 73 00 Record Drawings
END OF SECTION
Supplementary Conditions 007300- 15
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
19052A ONS WTP Dredging of Lagoons 5 and 6 8/8/2019
CivCast Q and A REVISION 8
Item Resolution Resolution
# Question/Comment Resolution Date Distributed
Environmental Solutions(US)ltd.(Terrapure)will be
represented by Mr.Patrice Fauchon(581-994-1765)at the non-The electronic bid submittal function will be enabled on
mandatary site visit of Wednesday,Aug.7th at 10h30. Also, CivCast the Monday before the bid opening,so the function
1 in the RFP,it says that bidder can submit pricing via civcast would be enabled on Monday August 12,2019 for the bid 8/06/2019 Y
website,however,the BID option is not activated. When opening currently scheduled on August 16,2019.
would it be activated? Thanks,Melanie
There is no boat available at ONSWTP. No boat will be
provided.Please do not bring a boat as there is no access for it.
There is a sampling pier and a pre-defined sampling location
that will be available to collect samples.
***DUE TO A RECENT CHANGE IN OPERATION POLICY NO ONE
Will the owner supply a boat so that bidder's can take samples WILL BE ALLOWED ACCESS TO THE PLANT TO SAMPLE UNTIL
2 on the lagoons during the pre-bid? AFTER THE PRE-BID MEETING WHEN YOU HAVE CHECKED IN 8/06/2019 Y
WITH SECURITY AND THE CITY PM WILL VERIFY YOUR
CREDENTIALS.THERE WILL BE TIME PLANNED AFTER THE
MEETING TOGO ASA GROUP TO THE SAMPLING SITE. DO NOT
ATTEMPT TO ACCESS THE PLANT TODAY OR BEFORE THE PRE-
BID MEETING,AS NO ACCESS WILL BE GRANTED.
Yes,the power is provided and paid for by the owner. There is
an existing 750 kVA transformer with 480V/277Y 3 phase
Will the owner provide electricity for the contractor's secondary called out at the staging area on sheet 4. Contractor
3 dewatering equipment?If so,will the power be 480V 3-phase is responsible for providing and installing all secondary side 8/06/2019 Y
and how many amps and kW are available to utilize? conductors,disconnects,fuses,etc to feed dewatering
equipment.
Will the owner take care of all fees and costs associated with Contractor will not pay tipping fees. The cost of disposal
4 the disposal of the solids at the Cefe landfill or should the should not be included in the bidders price. Hauling cost are 8/06/2019 Y
contractor include disposal costs into its unit price?
the Contractor's responsibility and should be included ion the
bid.
5 Where is the set up area for the contractors to lay down See Plan Sheet 4 of 10 8/08/2019 Y
equipment.
8/8/2019
Item Resolution Resolution
# Question/Comment Resolution Date Distributed
1.Please provide the percent solids data available from the last 1.Daily composite%solids range between 25%and 35%
residuals removal project completed in 2017/2018. 2.Approximately 18,500 DT removed from Lagoon 7(different
2.How many dry tons were removed during the last project? Lagoon than current project)for each of last two projects
3.How many truck loads of dewatered residuals were removed respectively.
from the site during the last project? 3.Total number of trucks were not tracked or tabulated.
4.How many calendar days were used to complete the last 4.Contract time of previous projects is not relevant to this bid.
residuals removal project? Both of last two projects were completed in the contract time.
5.How many loads or tons of vegetation were removed from Both of the last two projects had significantly more DT quantity
cell 7 during the last project? and more loads were allowed to be delivered to the landfill per
6.Please provide the location and availability of potable water day than this project so completion time is not applicable to
at the staging area? this project.
7.What is the gross weight the berms around cells 5 6 can 5.This items was paid by lump sum and loads and tonnage was
support? not recorded.
6 8.Please confirm the contractor can use water from cell 5,6 6.No potable water is available at the storage area. 8/08/2019 y
and 7,as well as return filtrate water to these cells. 7.This will be addressed on the revised plan sheets provided in
9.Please consider changing the vegetation removal from an the Addendum#1.See Sheet 5 of 10.
allowance to a"unit price per ton"line item. 8.Confirmed,both are allowed at all three lagoons.
10.Is the allowance for relocating the dredge between cells for 9.This has been addressed in revised Bid Form provided in
the relocation that will take place during the normal course of Addendum#1.See revised bid forms.
this project,or is this only used if the Owner requests the 10.This bid item has been removed in the revised Bid Form
dredge to be relocated for plant operations? provided in Addendum#1. Dredge redeployment will be
11.Please provide the truck route that should be used for subsidiary the unit price per dry ton.
trucks hauling vegetation from the cells. 11.Truck route for vegetation hauling shall be the same as for
12.Please provide a copy of the pre-bid sign in sheet. hauling dewatered residuals,as shown on plans.
12.There is no sign in sheet to be provided.
7 Please explain how the$100,000 for the cattails will be Addendum#1 includes a revised bid form addressing Cattail 8/08/2019 y
administered. Removal which is now bid per lump sum.
The only fees due to the City Solid Waste Department(landfill)
8 What fees are associated with the trucks and trailers going into will be those described in Attachment B of Specification 8/08/2019 y
the landfill that the contractor will be responsible for? Section 46 76 11 regarding solid waste hauler permits and solid
waste vehicle registrations.
8/8/2019
Item Resolution Resolution
# Question/Comment Resolution Date Distributed
9 What is the performance bond requirement for this project? Please reference Section 00 72 00-General Conditions-Article 8/08/2019 Y
6.
Yes,but per Section 0150 00-Temporary Facilities and
Controls,the only requirement is that is of adequate size for
Contractor's use. Basically,the field office will be used only by
the Contractor and there is no requirement for size or what is
10 Is the contractor required to provide a temporary office? included. The intent of section 0150 00 is that the Contractor 8/08/2019 Y
must provided all facilities necessary to complete the work and
that no facilities are provided on-site by the City for the
Contractor's use,including climate controlled spaces or
sanitary facilities.
11 Please confirm available electrical power for contractor use on Please see response to Question#3 above and plan sheets. 8/08/2019 Y
the project and associated cost if any. Electricity is available at no cost to the Contractor.
Secondary side is the lower voltage(480V)side available for
12 What is meant by secondary side electrical feed? Contractors use. Primary side is the high voltage(4,160V)side, 8/08/2019 Y
owned and maintained by the electric utility.
Yes,dewatered solids may be stockpiled in the contractor
Can contractor stockpile dewatered solids and/or cattails on
staging area(see sheet 4). The cattails may also be stockpiled
13 the ground at the site during this project?And if so,what 8/08/2019 Y
location?
in the contractor staging area or on the banks of the lagoon(s)
to be dredged.
Please confirm that the contractor is limited to 25 loads per day
14 Confirmed.No change.See plans and specifications. 8/08/2019 Y
of material going into the landfill on Monday-Friday only?
15 What price was this project or a similar lagoon completed for past Bid Tabs are available on CivCast 8/08/2019 Y
most recently?
Please provide the bid tabs from the last time the project(or
16 Past Bid Tabs are available on CivCast 8/08/2019 Y
similar lagoon)was awarded.
17 When does the City plan on awarding this project? Sep-19 8/08/2019 Y
18 When would the City expect work to proceed on this project? Oct-19 8/08/2019 Y
12.M/here does the centrate from the cleaning of the pond get
19 Lagoon 5,6,or 7 at Contractor's option 8/08/2019 Y
discharged to?
8/8/2019
Item Resolution Resolution
# Question/Comment Resolution Date Distributed
20 What are the exact dimensions of the ponds.Length,Width, See Sheet 5,sheet is drawn to scale. 8/08/2019 Y
Depth?
21 Is the MWDBE just a goal or is that a requirement? It is a goal 8/08/2019 Y
22 Who performed this project the last time these lagoons were The Contractor on that project was Eagle North America. 8/08/2019 Y
cleaned?
23 Would the city be willing to provide a 1-2 week extension on Bid date in Addendum#1 is revised to Friday 8/16/2019 8/08/2019 Y
the due date ofthis bid?
In regards to remobilization of the dredge,can you please This bid item has been removed in the revised Bid Form
24 explain the$35,000 allowance for remobilization? provided in Addendum#1. Dredge redeployment will be 8/08/2019 Y
subsidiary to the unit price per dry ton.
No. Any isolation or water level adjustment should be
25 Will each lagoon be isolated prior to the performance of this coordinated with the plant in accordance with the plans and 8/08/2019 Y
project? specs. All lagoons must remain in service for the duration of
the project.
26 Will the landfill extend the hours from 6am-4:30pm M-F,and No,hours are per contract documents. 8/08/2019 Y
from 6am-Noon on Saturday?
Will an alternate truck route be considered when exiting the
dewatering pad so the trucks turn right on Hearn Road,right on
27 Leopard Street,and right on Callicoatte Road. This will reduce No,this alternative has been rejected. 8/08/2019 Y
the risk of a collision on Hearn Road due to the blind spot to
the south of the construction entrance.
Will the City be responsible for making a cutline through the No,any routing of temporary piping is the Contractor's
28 brush so there is a straight path for the sludge pipeline from 8/08/2019 Y
responsibility and subsidiary to the dry ton bid price.
Lagoon 56 to the dewatering pad?
29 Will the city be installing a new culvert for the sludge pipeline No,existing culverts may be used. 8/08/2019 Y
to run through as the existing one has been crushed?
30 Will the City allow the contractor to submit an alternate bid No alternates are allowed. 8/08/2019 Y
price for the project?
Should there be less than 9,500 BDT in lagoons 5 6 or the A significant contract budget surplus is not anticipated and
budget it's not achieved after removing 9,500 BDT from dredging of the pre-sedimentation basin is not included in the 8/08/2019 Y
31 lagoons 5 6,could the remaining budget funds be used to contract documents.
remove sludge from the pre-sed basin?
8/8/2019
Item Resolution Resolution
# Question/Comment Resolution Date Distributed
In the 00 72 00 General Conditions,Article 6,section 6.06
Property Insurance Item A.it is asking the contractor to
00 73 00-Supplementary Conditions,Article SC 6.03 is meant
purchase and maintain builder risk in the amount of the full
32 to amend 00 72 00 and shows builder risk as"not required". 8/08/2019 Y
replacement value of the Project. As there is no design or
This supersedes 00 72 00 Article 6.06
construction component to the work within this bid,we would
request the City remove this requirement from the Contract.
In the General Liability Insurance section it ask for an
This has been removed and is is addressed in Addendum#1
33 installation floater coverage. we would request this to be 8/08/2019 Y
Section 00 73 00
removed.
We would ask to remove professional liability as this is not 00 73 00-Supplementary Conditions,Article SC 6.03 is meant
34 applicable as it is only required if providing professional to amend 00 72 00 and does not require professional liability. 8/08/2019 Y
services. This supersedes 00 72 00 Article 6.06
19052A O.N.S.WTP Dredging of Lagoons 5 and 6 Report Created On:8/16/19 8:19:38 PM
PROJECT:
19052A O.N.S. WTP Dredging of Lagoons 5 and 6
BIDDER:
Terrapure Environmental (Environmental Solutions)
TOTAL BID:
$1,799,550.00
COMPLETION TIME:
Not Required
BIDDER INFO:
320 Woodward Avenue
Tonawanda,NY 14217
P: 819-699-0579
F: 418-837-7723
00 30 00 BID ACKNOWLEDGEMENT FORM
ARTICLE 1—BID RECIPIENT
1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is
submitted by Environmental Solutions (US) Ltd. (type or print name of
company) on: Wednesday August 14, 2019 at 2:00 P.M. for ONS WTP Dredging of Lagoons 5
and 6 Project No. 19052A,
1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's
electronic bidding website at www.CivCastUSA.com.
To submit the original bid security or if submitting hard copy bids, please send to:
The City of Corpus Christi,Texas
City Secretary's Office
1201 Leopard Street
Corpus Christi, Texas 78401
Attention: City Secretary
Bid -ONS WTP Dredging of Lagoons 5 and 6,
Project No. 19052A
All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE
of the package, the project name and number and that bid documents are enclosed.
ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS
2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the
form included in the Contract Documents, to perform all Work specified or indicated in Contract
Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment.
Bidder agrees to complete the Work within the Contract Times established in the Agreement or
as modified by Contract Amendment and comply with the all other terms and conditions of the
Contract Documents.
2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID AND
INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain
subject to acceptance for 90 days after the opening of Bids.
2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in
the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND
BASIS FOR PAYMENT.
2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure
to complete Work in accordance with the schedule set forth in the Agreement.
2.05 Bidder acknowledges receipt of the following Addenda:
Bid Acknowledgement Form 003000- 1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Addendum No. Addendum Date Signature Acknowledging Receipt
1 August 09, 2019
ARTICLE 3—BIDDER'S REPRESENTATIONS
3.01 The Bidder has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance
of the Work.
3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in
the Supplementary Conditions:
A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site;
B. Drawings of physical conditions relating to existing surface or subsurface structures at the
Site;
C. Underground Facilities referenced in reports and drawings;
D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site; and
E. Technical Data related to each of these reports and drawings.
3.05 The Bidder has considered the:
A. Information known to Bidder;
B. Information commonly known to contractors doing business in the locality of the Site;
C. Information and observations obtained from visits to the Site; and
D. The Contract Documents.
3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the
effect of such information, observations, and documents on:
Bid Acknowledgement Form 003000-2
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
A. The cost, progress, and performance of the Work;
B. The means, methods, techniques, sequences, and procedures of construction to be
employed by Bidder; and
C. Bidder's safety precautions and programs.
3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees
that no further examinations, investigations,explorations,tests,studies,or data are necessary for
the performance of the Work at the Contract Price,within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
3.09 The Bidder has correlated the information known to the Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional examinations, investigations,explorations,tests,studies,and data with the Contract
Documents.
3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies
that the Bidder has discovered in the Contract Documents, and the written resolution provided
by the OAR is acceptable to the Bidder.
3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that
without exception all prices in the Agreement are premised upon performing and furnishing the
Work required by the Contract Documents.
2.12 As FequiFed by GhapteF 2270, Texas GeveFRFneRt Gede, Bidder hereby veFifies that it dees ;;At
et-he...i— taki..� aRy aetieR that 46 i;#e;;ded te peRal4e, qRflqr=t eee-Re—mie harm eR, eF limit
Ge
puFpeses.
ARTICLE 4—BASIS OF BID
4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices
shown in the BID FORM.
A. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00
72 00 GENERAL CONDITIONS.
B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment
for all Unit Price items will be based on actual quantities provided, measured as provided in
the Contract Documents.
Bid Acknowledgement Form 003000-3
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
C. Unit Price and figures column will be used to compute the actual Bid price, plus any
combination of Add or Deduct Alternates.
ARTICLE 5—EVALUATION OF BIDDERS
5.01 The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record,
the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific
project experience requirements to determine the lowest responsive, responsible Bidder. The
Owner reserves the right to waive any and all irregularities in determining the Bidders'
responsibility or value, and whether the Bidder has met the minimum specific project experience
requirements, and reserves the right to require the submission of additional information.
5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities
in the Bids, correct mathematical errors or to reject non-conforming, non-responsive or
conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances
and developments have, in the opinion of the Owner, changed the responsibility of the Bidder.
5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,
including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be
grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered
after award of the Contract to such Bidder, may be grounds for immediate termination of the
Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages
to the Owner resulting from such misstatements, including costs and attorney's fees for collecting
such costs and damages.
ARTICLE 6—TIME OF COMPLETION
6.01 Bidder will complete the Work required to be substantially completed within 150 days after the
date when the Contract Times commence to run as provided in Paragraph 4.01 of the General
Conditions. Bidder will complete the Work required for final payment in accordance with
Paragraph 17.16 of the General Conditions within 180 days after the date when the Contract
Times commence to run.
6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 17.16 of the General Conditions within the number
of days indicated in Section 00 30 01 BID FORM.
ARTICLE 7—ATTACHMENTS TO THIS BID
In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO
BIDDERS, the following are made a condition of this Bid:
A. Bid Security.
B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory
authority.
C. SECTION 00 30 01 BID FORM.
D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS.
E. SECTION 00 30 05 DISCLOSURE OF INTEREST.
Bid Acknowledgement Form 003000-4
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION.
G. SECTION 0045 16 STATEMENT OF EXPERIENCE
ARTICLE 8—DEFINED TERMS
8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the
Supplementary Conditions. The significance of terms with initial capital letters is described in the
General Conditions.
ARTICLE 9—VENUE
9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action.
ARTICLE 10—ETHICAL BEHAVIOR
10.01 Bidder certifies that Bidder's officers,employees and agents will not attempt to lobby or influence
a vote or recommendation related to this Bid, directly or indirectly,through any contact with City
Council members or other City officials from the date the Bid is submitted to the City until a
Contract is executed by the City Manager or designee, except that comments are allowed to be
made at a public meeting held under the Texas Open Meetings Act.
ARTICLE 11—SIGNATORY REQUIREMENTS FOR BIDDERS
11.01 Bidders must include their correct legal name, state of residency, and federal tax identification
number in the Bid Form.
11.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to
accompany all materials included in the submitted Bid. Bids which are not signed and dated in
this manner, or which do not contain the required documentation of signatory authority may be
rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the
Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid
Form.
11.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations
Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a
notarized power of attorney authorizing the individual designated as their authorized
representative to submit the Bid and to sign on behalf of the Bidder.
11.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or
Certificate of Authority number issued by the Texas Secretary of State and shall submit with their
Bid a copy of a resolution or other documentation approved by the Bidder's governing body
authorizing the submission of the Bid and designating the individual(s) authorized to execute
documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a
copy of the Certificate of Assumed Name or similar document.
11.05 Bidders that are not residents of the State of Texas must document their legal authority to
conduct business in Texas. Nonresident Bidders that have previously registered with the Texas
Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that
Bid Acknowledgement Form 003000-5
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
have not previously registered with the Texas Secretary of State shall Is a copy of the Bidder's
enabling documents as filed with the state of residency, or as otherwise existing.
ARTICLE 12—BID SUBMITTAL
12.01 This Bid is submitted by:
Bidder: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
(typed or printed full legal name of Bidder)
b
(individual's signature)
Name: Todd Moser
(typed or printed)
Title: CEO
(typed or printed)
Attest: � A<��n 1�1 ccz `vim
(individual's signature)
State of Residency: New York
Federal Tax Id. No. 32-0456952
Address forgiving notices: 1100 Burloak Drive, Suite 500
Burlington, ON
M 6B2
Phone: 819-699-0579 Email: mrobert@terrapureenv.com
(Attach evidence of authority to sign if the authorized individual is not the Bidder, but an
individual signing on behalf of another individual Bidder, or if the authorized individual is a
representative of a corporation, partnership, or joint venture.)
END OF SECTION
Bid Acknowledgement Form 003000-6
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
As of August 15,2019
Environmental Solutions (US) Ltd.
DIRECTORS' REGISTER
NAME & RESIDENTIAL ADDRESS Date Became a Date Ceased to be
Director a Director
DD ®0 DD ®0
Henry, Paul
100 Wellington Street West 20 1 2015 27 2 2015
Suite 2300,TD West Tower, PO Box 22
Toronto,Ontario,Canada M5K 1A1
Moser, Todd
1100 Burloak Drive, Suite 500 26 1 2015
Burlington, Ontario, Canada 1-71- 6B2
Salamon, Michael
100 Wellington Street West,Suite 2300 20 1 2015 27 2 2015
TD West Tower, PO Box 22
Toronto,Ontario,Canada M5K 1A1
Sivec, Glen
81 Melrose Avenue 15 6 2015
Toronto, Ontario, Canada M5M 1Y6
Zwicker, Darren
1100 Burloak Drive, Suite 500 27 2 2015 15 5 2018
Burlington, Ontario, Canada 1-71-6B2
As of August 15,2019
Environmental Solutions (US) Ltd.
OFFICERS' REGISTER
NAME&RESIDENTIAL ADDRESS OFFICE HELD Date Became anIF Date Ceased to be
Officer an Officer
DD DD
®� F
0
Henry, Paul Secretary
100 Wellington Street West 20 1 2015 27 2 2015
Suite 2300,TD West Tower, PO Box 22
Toronto,Ontario,Canada M5K 1A1
Salamon, Michael President
100 Wellington Street West,Suite 2300 20 1 2015 27 2 2015
TD West Tower, PO Box 22
Toronto,Ontario,Canada M5K 1A1
Moser, Todd Vice President
1100 Burloak Drive, Suite 500 26 1 2015 27 2 2015
Burlington, Ontario, Canada 1-71- 6B2
Moser, Todd President
1100 Burloak Drive, Suite 500 27 2 2015
Burlington, Ontario, Canada 1-71- 6B2
Zwicker, Darren Vice President,
1100 Burloak Drive, Suite 500 Environmental Solutions, 27 2 2015 15 5 2018
Burlington, Ontario, Canada 1-71- 6B2 Facilities
Moser, Todd Chief Executive Officer
1100 Burloak Drive, Suite 500 27 2 2015
Burlington, Ontario, Canada 1-71- 6B2
Sivec, Glen Chief Financial Officer
81 Melrose Avenue 15 6 2015
Toronto, Ontario, Canada M5M 1Y6
Whiteley, Took Secretary
9616 40th Street SE 15 5 2018
Calgary, Alberta, Canada T2C 2P3
Whiteley, Took Treasurer
9616 40th Street SE 15 5 2018
Calgary, Alberta, Canada T2C 2P3
UNANIMOUS WRITTEN CONSENT
OF THE
STOCKHOLDERS OF
OF
ENVIRONMENTAL SOLUTIONS(US)LTD.
The undersigned, being the holder of all of the issued and outstanding shares of the stock of
Environmental Solutions (US) Ltd., a Delaware corporation (the "Corporation"), hereby
unanimously consent to the adoption of the following resolutions without a meeting:
RESOLVED, that Todd Moser is hereby elected as a Director of the
Corporation to serve at the pleasure of the Board of Directors and in
accordance with the By-laws, to serve until his successor is duly elected
and shall have qualified, or until his earlier death, resignation or removal;
and
RESOLVED, that the officers of the Corporation are hereby authorized,
empowered and directed to take all such action on behalf of the
Corporation as they may deem necessary, appropriate or advisable to carry
out the intent and purposes of the foregoing resolutions, and to do all
further things necessary or advisable and proper to carry on the business of
the Corporation in the best interests of the Corporation.
This Written Consent may be executed by means of copy transmitted by a
facsimile machine or email, which copy shall be considered to have the same binding
legal effect as if it were the original signed version thereof delivered in person.
(signature page follows)
IN WITNESS WHEREOF, the undersigned has executed this Consent as of the date first
written above.
STOCKHOLDER:
ENVIRONMENTAL SOLUTIONS HOLDCO
(CANADA) LTD.
By: c Giajr�-
Name: is ae mon
Title: Director
Date: January 26 , 2 015
(Signature page to Stockholder Consent Electing Director)
UNANIMOUS WRITTEN CONSENT
OF
THE BOARD OF DIRECTORS
OF
ENVIRONMENTAL SOLUTIONS(US)LTD.
Janus 26 ,2015
The undersigned, being all of the members of the Board of Directors of Environmental
Solutions (US) Ltd., a Delaware corporation (the "Corporation"), hereby unanimously consent to
the adoption of the following resolutions without a meeting:
RESOLVED, that the number of persons constituting the entire Board of
Directors of the Corporation shall be three(3);
RESOLVED, that Todd Moser is hereby elected to the office of Vice
President of the Corporation, to serve at the pleasure of the Board of
Directors and in accordance with the By-laws until his successor is duly
elected and shall have qualified, or until his earlier death, resignation or
removal; and
RESOLVED, that the officers and Directors of the Corporation are hereby
authorized, empowered and directed to take all such action on behalf of the
Corporation as they may deem necessary, appropriate or advisable to carry
out the intent and purposes of the foregoing resolutions, and to do all
further things necessary or advisable and proper to carry on the business of
the Corporation in the best interests of the Corporation.
This Consent may be executed (i) by means of copy transmitted by a facsimile machine or
email, which copy shall be considered to have the same binding legal effect as if it were the
original signed version thereof delivered in person, and(ii) in various counterpart copies, each of
which shall be deemed an original but all of which together shall constitute one and the same
instrument.
3790183_1
IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the
day and year first written above.
Michael Sala i n
C
Paul Henry
[Signature page to Board of Director Consent to Elect Officer]
19052A O.N.S.WTP Dredging of Lagoons 5 and 6 Report Created On:8/16/19 8:19:38 PM
BID TOTALS
BASE BID Total
PARTA- DEWATERING(per SECTION 01 29 01 MEASUREMENTAND BASIS FOR PAYMENT) $1,646,850.00
Part B-GENERAL(per SECTION 01 29 01 MEASUREMENTAND BASIS FOR PAYMENT) $152,700.00
Total $1,799,550.00
PART A-DEWATERING(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)
No. Description Unit Qty Unit Price Ext Price
Al Dredge, Dewater,and Haul Residuals: DT 9500 $163.50 $1,553,250.00
Dredge, Dewater and Haul residuals
from on-site lagoons to Cefe Valenzuela
Landfill including all work and materials
considered subsidiary to this bid item
(subsidiary items include but are not
limited to;furnishing dredge equipment,
furnish and install turbidity protection
for decant pump station(s),dredge re-
deployment including disconnection
and re-routing of dredge pipeline(s),
removal and re-deployment of turbidity
curtain, removal and re-deploying
dredge in adjacent lagoon furnish and
install dewatering equipment,polymer
injection equipment, residual and
polymer containment areas as required,
filtrate return provisions,fuel,truck
maintenance, maintenance of access,
secondary side electrical feed for
dewatering equipment,regulatory
requirements, licenses and certifications
as required,and residual analytical
testing)as per specification,Complete in
Place per Dry Ton.
A2 Removal of cattails and other aquatic LS 1 $93,600.00 $93,600.00
vegetation from Lagoons#5 and#6,as
necessary to perform the required
dredging,per section 46 76 11,
Complete in Place per Lump Sum.
Sub Total: $1,646,850.00
Part B-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)
19052A O.N.S.WTP Dredging of Lagoons 5 and 6 Report Created On:8/16/19 8:19:38 PM
No. Description Unit Qty Unit Price Ext Price
B1 Mobilization, Not to Exceed 7.5%of total LS 1 $127,700.00 $127,700.00
Bid,Complete in Place per Lump Sum.
B2 Bonds and Insurance, In place per lump LS 1 $25,000.00 $25,000.00
sum
Sub Total: $152,700.00
00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS
Chapter 2252 of the Texas Government Code applies to the award of government contract to
nonresident bidders. This law provides that:
"a government entity may not award a governmental contract to a nonresident bidder unless the
nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that
is not less than the amount by which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located."
"Nonresident bidder" refers to a person who is not a resident of Texas.
"Resident bidder" refers to a person whose principal place of business is in this state, including a
contractor whose ultimate parent company or majority owner has its principal place of business in
this state.
Check the statement that is correct for Bidder.
❑x Bidder qualifies as a nonresident bidder whose principal place of business or residency is in
the State of Tau 0,S
❑ Bidder (includes parent company or majority owner) qualifies as a resident bidder whose
principal place of business is in the State of Texas.
The Owner will use the information provided in the State of Texas Comptroller's annual publication of
other states' laws on contracts to evaluate the Bids of nonresident Bidders.
Bidder:
Company Name: Environmental Solutions(US) Ltd. (dba Terrapure Environmental)
7��,
--� (typed or printed)
By:
(signature--attach evidence of authority to sign)
Name: Todd Moser
(typed or printed)
Title: CEO
Business address: CT Corporation System
1999 Bryan Street,STE. 900
Dallas,TX 75201
Phone: 214-979-1172 Email: NA
END OF SECTION
Compliance to State Law on Nonresident Bidders 003002-1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A 10/2018
00 30 05 City of Corpus Christi Disclosure of Interest
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.
COMPANYNAME: Environmental Solutions(US) Ltd. LP(dba Terrapure Environmental)
STREET
P. O. BOX: ADDRESS 320 Woodward Avenue
CITY: Tonawanda STATE: New York ZIP: 14217-
FIRM IS: 1. Corporation xB2. Partnership ❑ 3. Sole Owner ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page 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 Nota livableJob Title and Ci Department(if known)
applicable. Not applicable.
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 Not applicable. Title Not applicable.
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 Nota livableBoard, Commission or Committee
applicable. Not applicable.
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 Nota applicable. Consultant
pp . Not applicable.
I
City of Corpus Christi 00 30 05—1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 01/2016
i
f
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 signed writing to the City official,
employee or body that has been requested to act in the matter,unless 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: Todd Moser Title: CEO
(Type or Print)
Signature of Certifying Person: Date: 2D I
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.
City of Corpus Christi 003005-1
ONS WTP Dredging of Lagoons 5 and 6
Project No.19052A Rev 01/2016
00 30 06 NON-COLLUSION CERTIFICATION
STATE OF TEXAS
COUNTY OF NUECES
OWNER: City of Corpus Christi,Texas
1201 Leopard Street
Corpus Christi,Texas 78401
CONTRACT: ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A
Bidder certifies that it has not been a party to any collusion among Bidders in the restraint of freedom of
competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official
or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms
of said prospective contract; or in any discussion between Bidders and any official of the Owner
concerning exchange of money or other thing of value for special consideration in the letting of a contract.
Company Name: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
(typed or printed)
By:
(signature--attach evidence of authority to sign)
Name: Todd Moser
(typed or printed)
Title: CEO
Business address: 320 Woodward Avenue,Tonawanda, New York, 14217
Phone: 819-699-0579 Email: mrobert@terrapureenv.com
END OF SECTION
Non-Collusion Certification 003006-1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A 10/2018
00 45 16 STATEMENT OF EXPERIENCE
ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE
1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of
Experience within 5 days after the date Bids are due, or earlier if required by the Bid Documents, to demonstrate
the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit
the required information in the Statement of Experience may result in the Owner considering the Bid non-
responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder
fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to
provide supplemental information if requested by the Owner to clarify, enhance or supplement the information
provided in the Statement of Experience.
1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this
Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement
of Experience. Information in these forms must be provided completely and in detail. Information that cannot
be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly
referenced by attachment number in the form, and the attached material must include the attachment number
on every sheet of the attachment. The attachment must include only the information that responds to the
question or item number to which the attachment information applies.
1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City
Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all
current assets and liabilities.
1.04 Refer to Specification Section 46 7611 for submittal requirements and include required documents in the
statement of experience documents submitted with the bid.
ARTICLE 2—EXPERIENCE REQUIREMENTS
2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the
responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project.
Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a
Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner
rejecting the Bid.
2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low
Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is
awarded or all Bids have been rejected.
2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or
a proposed Subcontractor in response to this Statement of Experience.
2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure
of the Bidder's organization as it relates to this Project in Table 2.
2.05 Provide resumes for the key personnel that will be actively working on this Project.
A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control
Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative
describing how much time will be devoted to each function, their qualifications to fulfill each role, and the
percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this
Project, indicate how that individual's time is to be divided between this Project and other assignments.
Statement of Experience 004516- 1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one
individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be
considered in determining whether the experience of the Bidder meets the minimum requirements. The
Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of
qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder
and may void the award of the Contract.
C. Provide information for each primary and alternate candidate that includes: technical experience,
managerial experience,education and formal training and a work history which describes project experience,
including the roles and responsibilities for each assignment. Additional information demonstrating
experience that meets the minimum requirements should also be included.
D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the
management and oversight of projects of a similar size and complexity to this Project. This experience must
include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the
submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project
Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at
least 5 years of recent experience in similarwork and be subordinate to the Project Superintendent. Foremen
cannot act as a superintendent without prior written approval from the Owner.
2.06 Provide information on the project experience and past performance of the organization.
A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3.
Attach additional pages if necessary. Experience must include the satisfactory completion of at least five
similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and
magnitude than the current Project. Refer to Specification Section 46 7611 for the minimum requirements
for the projects listed to be considered equal to or greater in size and magnitude.
B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any
substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's
past project experience shows substandard quality of workmanship, issues related to a substandard
appearance of the completed work, the amount of warranty or rework required, problems with durability
and maintainability of the completed project, and problems with the lack of quality of documentation
provided. In addition to the work produced, the Owner may consider issues related to the quality of
construction practices, responsiveness to the owner's needs during construction, an inability to work in the
spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to
make this determination will come from Owner's interviews with references provided for this project. By
listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to
contact the individuals listed as a reference.
ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS
3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the
safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions
and criteria for determining the Bidder's safety record.
3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible.
3.03 Provide general information about the safety record of the organization as required in Table 4.
A. For purposes of providing this information, the following terms shall have the following meanings:
1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or
anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid.
Statement of Experience 004516-2
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or
federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions,
administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and
Notice of Enforcement received from the TCEQ shall include those classified as major violations and
moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas
Administrative Code, Chapter 60.2 (c) (1) and (2).
3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on
Environmental Quality (the "TCE(X"), the United States Environmental Protection Agency (the "EPA"),
the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State
Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies
of local governments responsible for enforcing environmental protection laws or regulations,and similar
regulatory agencies of other states of the United States.
B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4:
1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been
entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder
for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the
past five (5)years.
2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation
or for which final orders have been entered from an environmental protection agency for violations
within the past five (5)years.
3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has
been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or
death, within the past ten (10)years.
C. The Owner may consider the responses to each question in Table 4 separately when determining the
responsibility of the Bidder. The Owner may also consider the cumulative impact of the information
generated by the Bidder's responses.
ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING
OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION
IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED
SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO
DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.
Statement of Experience 004516-3
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
TABLE 1—ORGANIZATION INFORMATION
Organization doing business as: I Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Business Address of Principal Office 320 Woodward Ave, Tonawanda, NY, 14217
Telephone No. 1-800-263-8602 Website I www•TerrapureEnv.com
Form of Business (check one) 0 Corporation ❑ Partnership ❑ Individual
If a Corporation
State of Incorporation Delaware Date of Incorporation January 21, 2015
Chief Executive Officer's Name Todd Moser President's Name Todd Moser
Ryan Reid
Todd Smith
Took Whiteley
Vice President's Name(s) Mike Jovanovic
Darren Zwicker
Stephen Fletcher
Secretary's Name NA Treasurer's Name NA
If a Partnership
Date of Organization INA I Form of Partnership: ❑ General ❑ Limited
If an Individual
Name INA
Ownership of Organization
List of companies, firms, or organizations that own any part of the organization.
Names of Companies, Firms, or Organizations Percent Ownership
NA
Organization History
List of names that this organization currently, has, or anticipates operating under including the names of related
companies presently doing business.
Names of Organizations From Date To Date
Terrapure Environmental March 01, 2015 Ongoing
Indicators of Organization Size
Average number of current full-time employees 1,900
Average estimate of revenue for the current year *As a private company,we
o not disclose this
information.A signed NDA
can be arranged if required.
Statement of Experience 004516-4
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 1—Organization Information
Organization doing business as: I Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Previous History with City of Corpus Christi
List the 5 most recent projects that have been completed with the City of Corpus Christi.
Project Name Year
1 NA
2
3
4
5
Construction Site Safety Experience
Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the
EMR.
Year 1 2018 1 EMR 1 1.00 1 Year 2017 1 EMR 1 1.0 Year 2016 1 EMR 11.0
Previous Bidding and Construction Experience—Answer all question Yes or No.
Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and
provide full details in a separate attachment if yes. NO x YES
Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below
and provide full details in a separate attachment if yes. NO x YES
Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects
below and provide full details in a separate attachment if yes. NO x YES
Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it?
List Projects below and provide full details in a separate attachment if yes. NO x YES
Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the
last 10 years? List Projects below and provide full details in a separate attachment if yes. NO x YES
Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any
projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making
the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or
that the claim has not been paid if yes. NO x YES
Statement of Experience 004516-5
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 2—Project Information
Organization doing business as: I Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Proposed Project Organization
Provide a brief description of the organizational structure proposed for this project indicating the names and
functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent,
Safety Manager and Quality Control Manager.
Position Primary Alternate
Project Manager Karl Bonneau Sumit Goklani
Superintendent Maxime Gagne Ryan Kelly
Safety Manager Linda Simms Adam Sirois-Caouette
Quality Control Linda Simms Adam Sirois-Caouette
Manager
*Please see attached
for resumes.
Division of work between Bidder and Proposed Subcontractor and Suppliers
Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers
for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract
Price). *We will be using our own forces; no subcontractors will be used.
Description of Work Name of Entity Performing the Estimated Percentage
Work of Contract Price
Subcontractor Construction Site Safety Experience NA
Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work
valued at 25%or more of the Contract Price. Provide documentation of the EMR.
Subcontractor *We will be using our own forces; no subcontractors will be used.
Year EMR Year EMR Year EMR
Subcontractor
Year EMR Year EMR Year EMR
Statement of Experience 004516-6
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 3—Projects Awarded during the Last 5 Years
Organization doing business as: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Proiect Information
Project City of Batavia Water Pollution Dredging,mechanical dewatering,transport and disposal of
Control Plant Cleaning of Secondary Description dewatered sludge-alum sulphate sediment
Name Pond S-1,Contract#2015-2
Reference Contact Information
Project Owner City of Batavia,NY
Name/Title Daniel Kolkmann-Project Manager
Telephone 716-491-3804 Email NA
Project Designer NA
Project Budget and Performance
Original $2,000,000 Final Contract $1,945,000 #Contract 61 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Proiect Information
Project Industrial lagoon desludging Tender#030 15 Sludge dredging,mechanical dewatering and diposal of
Name [Description 4400 BDT+1400 BDT additional
Reference Contact Information
Project Owner City of Port Alberni,BC
Name/Title Christian Brumpton-City Engineer
Telephone 604-293-1411 x 320 Email NA
Project Designer NA
Project Budget and Performance
Original $1,890,000 Final Contract $1,600,000 #Contract 131 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Proiect Information
Project Dredging,Dewatering,Transport and Sludge dredging and mechanical dewatering,Transport
Name
land application Contract 2829 Description and disposal via land application
Reference Contact Information
Project Owner City of St-Therese/Blainville
Name/Title Robert Asselin-City Engineer
Telephone 450-434-6656 Email NA
Project Designer NA
Project Budget and Performance
Original $2,371,000 Final Contract $2,345,000 #Contract 65 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Statement of Experience 004516-7
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects
Organization doing business as: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Proiect Information
Project Dredging and land application of WWTP Dredging and mechanically dewatering of WWTP lagoon,transport
Name Sludge 2019-BS-010 Description and land application of the sludge
Reference Contact Information
Project Owner City of St-Jerome
Name/Title Mathieu-Charles Leblanc
Telephone 450-436-1512x3488 Email NA
Project Designer NA
Project Budget and Performance
Original $1500,000 Final Contract $1500,000 #Contract 54 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Proiect Information
Project Primary settling basins,spill basins and Dredging,centrifugation of the settling secondary pond
Name aeration cell 1 Description
Reference Contact Information
Project Owner Domtar Espanola
Name/Title Sharon Semenuk/Senior Buyer
Telephone 705-869-2020 Email NA
Project Designer I NA
Project Budget and Performance
Original $900,000 Final Contract $893,000 #Contract 73 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Proiect Information
Project Dewateringof mining sediments Dredging,centrigation of mining sediment
g Description
Name
Reference Contact Information
Project Owner Vale Canada
Name/Title Paul Lewis/Project Manager
Telephone 705-682-6881 Email NA
Project Designer I NA
Project Budget and Performance
Original $1,700,000 Final Contract $1,700,000 #Contract 91 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Statement of Experience 004516-8
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects
Organization doing business as: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Protect Information
Project Dredging and Dewatering,Transport and Dredging centrifugation of biosolid
p
Name
Disposal of biosolid Description
Reference Contact Information
Project Owner City of Terrebone
Name/Title Louis-Jean Caron
Telephone 450-471-8264x1576 Email NA
Project Designer I NA
Project Budget and Performance
Original $1,000,000.00 Final Contract $1,000,000.00 #Contract 32 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Project Information
Project Dredging and Dewatering,Transport and Dredging centrifugation of biosolid
Name Disposal osal of biosolid [Description
Reference Contact Information
Project Owner City of Drummondville
Name/Title Patrick Beaudry
Telephone 819-474-8920 Email NA
Project Designer I NA
Project Budget and Performance
Original $832,00.00 Final Contract $832,00.00 #Contract 54 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Project Information
Project Dredging and Dewatering,Transport and Dredging centrifugation of biosolid
Name p
Dis osal of biosolid [Description
Reference Contact Information
Project Owner City of Trois-Rivieres
Name/Title Olivier Bertrand
Telephone 819-379-4057 Email NA
Project Designer I NA
Project Budget and Performance
Original $2,200,000.00 Final Contract $2,200,000.00 #Contract 135 # Days 0
Contract Price Price Days Late
Issues/Claims/ NA
Litigation:
Statement of Experience 004516-9
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience
Organization doing business as: I Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Bidder's Safety Record and Experience
Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below(date
and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type
of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed.
NO x YES
Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past
five (5)years? List Citations below(date and location of Citation) and provide full details in a separate attachment if
yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if
any, and the penalty assessed. NO x YES
Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment
for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below
and provide full details in a separate attachment if yes. NO x YES
The Owner will consider the following information as additional support to make a determination as to the
responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets
minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits
established below:
1 Does the Bidder have a written construction safety program? i Yes ❑ No
2 Does the Bidder conduct regular construction site safety inspections? x Yes ❑ No
3 Does the Bidder have an active construction safety training program? ic Yes ❑ No
4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to
the scope of the current Project):
A. Scaffolding ❑ Yes ❑ No ix N/A
B. Excavation ❑ Yes ❑ No ix N/A
C. Cranes & Hoists cK Yes ❑ No ❑ N/A
D. Electrical X Yes ❑ No ❑ N/A
Statement of Experience 004516- 10
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience
Organization doing business as: JEnvironmental Solutions (US) Ltd. (dba Terrapure Environmental)
E. Fall Protection ix Yes ❑ No ❑ N/A
F. Confined Spaces X Yes ❑ No ❑ N/A
G. Material Handling x Yes ❑ No ❑ N/A
H. Demolition ❑ Yes ❑ No a N/A
I. Steel Erection ❑ Yes ❑ No ix N/A
J. Underground Construction ❑ Yes ❑ No ix N/A
Does the Bidder have a lost time injury rate and a total recordable injury rate of less than
or equal to the national average for North American Industrial Classification System
5 Yes ❑ No
("NAICS") Category 23 for each of the past five (5)years? Provide the Bidder's OSHA 300
and 300A logs for the past five (5)years in a separate attachment.
Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's
6 NCCI workers' compensation experience rating sheets for the past five (5) years in a X Yes ❑ No
separate attachment.
Has the Bidder had any OSHA inspections within the past six (6) months? Provide
7 documentation showing the nature of the inspection,the findings, and the magnitude of ❑ Yes x No
the issues in a separate attachment if yes.
Statement of Experience 004516- 11
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
Table 5- Demonstrated Minority, MBE, DBE Participation
Organization doing business as I Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
Project Subcontractors and Suppliers
Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate
compliance with the Owner's Minority/ MBE/ DBE Participation Policy
Name Work to be Provided Estimated %of
Contract Price
*We will not be using subcontractors.
Statement of Experience 004516- 12
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
ARTICLE 5—CERTIFICATION
5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read
this Statement of Experience and that Bidder's responses are true and correct and contain no
material misrepresentations and that the individual signing below is authorized to make this
certification on behalf of the Bidder's organization. The individual signing this certification shall
attach evidence of individual's authority to bind the organization to an agreement.
Bidder: Environmental Solutions (US) Ltd. (dba Terrapure Environmental)
(typed or printed)
By:
(individual's signature)
Name: Todd Moser
(typed or printed)
Title: CEO
(typed or printed)
Designated Representative:
Name: Melanie Robert
Title: Technical Sales Rep, Onsite Services
Address: 340 Avenue du Marechal
Levis (Pintendre), QC, Canada
G6C 1T8
Telephone No.: 819-699-0579 Email: mrobert@terrapureenv.com
END OF SECTION
Statement of Experience 004516-13
ONS WTP Dredging of Lagoons 5 and 6
Project No.19052A Rev 10/2018
terrapure Wad
TERRAPURE KEY TEAM MEMBERS
Below are the specific team members along with their respective responsibility and
experiences that will be assigned to this project.
Name Project Function
Maxime Gagne Onsite Operational Manager
Ryan Kelly Onsite Branch Manager
Karl Bonneau Onsite Project Manager
Sumit Golkani Project Lead
Linda Simms Onsite Operation Safety Advisor
Adam Sirois-Caouette HSE Advisor
terrapureeru.com
TERRAPURE STAFF QUALIFICATIONS & EXPERIENCE
Full resumes available upon request
Maxime Gagne
Onsite Operations Manager
18 years in die Environmental Industry
Maxime oversees the execution of projects as well as business development. He is
involved in the preparation of tenders, and once they become projects his role is to ensure
they are executed properly, on both an operational and economic basis. In addition, he
strives to improve the company's development both strategically and economically. His
experience includes Newatla, Terratube, and Centrix. Maxime hold a Bachelor of Science
degree in Biology from the University of Sherbrooke, QC
Ryan Kelly
Onsite Branch Manager
17 years in Environmental Operations
Ryan is responsible for the management, development of operations staff, and to optimize
the performance of equipment ensuring that the process used is exploited to the
maximum of its capacity. Before and after projects Ryan identifies the equipment required
along with the necessary security measures. Which ties into his role as the person
responsible for the implementation of the Health & Safety program. This role includes
developing work procedures, implementing different types of follow-up, providing the
necessary support to our employees to ensure our health and safety policies are
respected. Ryan also shares his experience and knowledge with all employees to
advance the development of our personnel and our processes on job sites. His
experience includes Clamex Environmental, Newalta, and Centrix. Ryan has taken
Project Management Fundamentals at McMaster University.
terrapureenvxom
Karl Bonneau, PMP
Manager of Projects—Onsite
17 years in Project Manageenxwt
Karl is responsible for delivering and managing the costs of all the projects that the onsite
group at Terrapure executes. This includes planning, organizing, supervising, sourcing
cost effective suppliers, troubleshooting technical problems when they occur, and
organizing production flow. Karl has extensive experience and training regarding all
aspects of project management and execution. Prior to joining Terrapure Karl was a
project manager with Labrie Environmental in the solid waste industry, Chamco
Industries in the pumping and compression equipment industry, and Invensys Systems
in the automated control industry.
Sumit Goklani, PMP, B.Eng (Chemical)
Project Lead—Onsite
7years in Project Management&Operations
Sum it's main responsibilities are to establish, monitor and deliver Project goals and
objectives within agreed upon Schedule & Budget. To effectively communicate
important points to all the Stakeholders: customer expectations, Project KPI's,
Milestones, and Deliverables. Sumit's first priority is to maintain client confidence in our
ability to meet the project goals in the best manner possible by demonstrating project
control, present a clear and honest picture of project progress, enlisting customer
participation and support for needed changes or adjustments. He keeps the customer
informed by routinely providing important project documentation on Project Status.
Sumit has a designation of Project Management Professional (PMP) and a Bachelor's
degree in Chemical Engineering.
terrapureenw.corn
Linda Simms
Onsite Operation Safety Advisor
2 years in Health and Safety
Linda is responsible for providing support and guidance across Canada for our onsite
operations. She works closely with the Branch Manager to deliver, maintain and improve
site-specific safety programs. She is involved in accident and incident investigation,
assisting managers and supervisors with root cause analysis, recommending corrective
action, implementation and follow-up. Linda coordinates, develops and delivers safety
training to ensure training is current and meets regulatory requirements. Prior to joining
Terrapure, Linda worked as an EMR (Emergency Medical Responder) on drilling rigs in
Western Canada. Her responsibilities were to administer First Aid along with Safety
Orientation and administration.
Adam Sirois-Caouette
HSE Advisor
8 years in Health and Safety
Adam has over 8 years' experience as a Health, Safety and Environmental advisor. Adam
has a University Certification with a HSE specialty. He is involve in writing procedures
for safe work place. He also managed projects safety and training. He has a wide range
of HSE laws and regulations knowledge. As part of his responsibilities, Adam carries out
risk assessments and consider how risks could be reduce. He also outlined safe
operational procedure, which identify and take into account all relevant hazard. He
carries out regular site inspections to check policies and procedures are being properly
implemented.
terrapureenw.corn
ORGANIGRAMME
MAXIME GAGNE
ELIANE NECELA
.................
MELANIE ROBERT BRIAN WAGNER I(ARL BONN EAU JEAN THI BODEAU RYAN KELLY
Estimation only-O.N.STEVENS WATER TREATMENT PLANT SLUDGE REMOVAL FROM 5 AND 6 (Special Procedure 0135 00)
ID Task Name Start Finish Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
spa aye a.le
1 Bid due date 08/16/2019 08/16/2019
2 Notice to Proceed 09/30/2019 09/30/2019 M°nor m°"
3 Mobilization 01/20/2020 01/23/2020
4 Commissioning 01/24/2020 01/27/2020
5 Processing 01/28/2020 06/26/2020 Mn.n°".tts
6 2700 DT Milestone#1 01/28/2020 03/10/2020 Mn.n°".ttz
7 2800 DT Mile s1
02e#2 03/11/2020 04/24/2020 Mn.:m".tts
8 8900 DTMilestone#3 04/27/2020 06/09/2020
9 Substantial Completion 9500 DT 06/10/2020 06/19/2020
10 Final Completion 06/20/2020 06/26/2020
\ I
rMrner Wood & Smith Insurance
August 15, 2019
Re: Environmental Solutions
I
This is to confirm the experience modifications for the above referred client for the past
three years, are as follows:
2/11/2019 .97
2/11/2018 1.00
2/11/2017 1.00
If you need additional information, please do not hesitate to advise.
i
Sincerely,
I
Monica Jernigan
Commercial Account Administrator
Insuring your facture since 1905
1515 Community Way • Post Office Box 1058 • Gainesville, GA 30503 770-536-0161 Fax 770-536-1283
www.twsinsurance.com
ATI Wt S44-8
Turner Wood & Smith Insurance
July 31, 2017
Re: Environmental Solutions
This is to confirm the experience modifications for the above referred client for the past
three years, are as follows:
2017 1.00
2016 1.00
2015 1.00
If you need additional information, please do not hesitate to advise.
Sincerely,
4uju�
Monica Jernigan
Commercial Account Administrator
Insuring your future since 19 05
100 Brenau Avenue . Post Office Box 1058 • Gainesville, GA 30503 • 770-536-0161 Fax 770-536-1283
www.twsinsurance.com
Estimation only-O.N.STEVENS WATER TREATMENT PLANT SLUDGE REMOVAL FROM 5 AND 6 (Special Procedure 0135 00)
ID Task Name Start Finish Aug Sept Oct Nov Dec tan Feb Mar Apr
Bid due date
1 Bid due date 08/16/2019 08/16/2019
Notice io proceed
2 Notice to Proceed 09/30/2019 09/30/2019 Mobaization
3 Mobilization 12/16/2019 12/19/2019 c
4 Commissioning 12/20/2019 12/24/2019 '-►mmi:sionin�uasslr�
5 Processing 01/06/2020 03/17/2020 milestonedl
6 2700 DT Milestone#1 01/04/2020 01/25/2020
7 5800 DT Milestone#2 01/26/2020 02/17/2020 Mnesmne p2
Md-to—H3
8 8900 DT Milestone#3 02/18/2020 03/11/2020 si,bstantialcompiebon
9 Substantial Completion 9500 DT 03/12/2020 03/17/2020
30 Final Completion 1 03/18/2020 1 03/23/2020 Final completion
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CITY OF CORPUS CHRISTI, TX
ONS WTP DREDGING OF LAGOONS 5 AND 6
PROJECT # 19052A
Submitted by: Melanie Robert, Technical Sales, Environmental Solutions (US) Ltd.
Reference Environmental Solutions (US) Ltd.: TP-TX-2019-08-77.0
August 16th, 2019
terrapure- www.terrapureenv.com
Contents
COMPANY OVERVIEW ...........................................................................................................3
PROJECTOVERVIEW.............................................................................................................4
OBJECTIVE............................................................................................................................4
ESTIMATED TIMELINE...........................................................................................................5
FORECASTED CHART ..........................................................................................................5
SCOPE: MOBILIZATION/COMMISSIONING ..........................................................................6
SCOPE: SLURRY DEWATERING...........................................................................................8
PROCESS FLOW DIAGRAM .................................................................................................10
SITE LAYOUT PLAN (STAGING AREA) ...............................................................................11
ENVIRONMENT, HEALTH & SAFETY...................................................................................12
ENVIROMENTAL PROTECTION ..........................................................................................12
HEALTH & SAFETY..............................................................................................................12
COMPANY ORG CHART.......................................................................................................13
EQUIPMENTLIST..................................................................................................................14
PRICINGSCHEDULE ............................................................................................................15
RESPONSIBILITIES...............................................................................................................15
ADDITIONAL INFORMATION................................................................................................16
STANDARD TERMS AND CONDITIONS - SERVICES..........................................................17
terrapure www.terrapureenv.com
COMPANY OVERVIEW
TERRAPURE (USA entity : Environmental Solutions (US) ltd.), formally the industrial
division of Newalta, provides engineered environmental solutions that enable our
customers to reduce disposal, enhance recycling and the recovery of valuable resources
from industrial residues. We deliver sustainability-enhancing services to oil, natural gas,
petrochemical, refining, lead, manufacturing and mining markets. We have been working
with customers to turn their waste streams into high-value products, contributing to their
bottom line while reducing the environmental footprint. Where by-product recovery isn't
possible, we find ways to reduce waste at the source.
Our over 1100 people serve customers onsite directly at their operations and through our
network of 35 facilities across Canada and USA. This extensive network offers customer
integrated, one-stop waste management and environmental services.
Our dedicated technical solutions group extensively seeks out, identifies and examines
new technologies and processes. This devotion will enhance the services we provide and
expand the products we're able to recover in the future. Creating an inventory of new
technologies that can turn different waste streams into high-value products — turning
liabilities into assets for our customers — is vital to our future.
In a market characterized by complex provincial regulation and overlapping federal
jurisdiction, TERRAPURE gives customers assured compliance based on technical
expertise, innovation, extensive real-world experience, and unparalleled attention to
detail.
We look forward to the privilege of working with you to deliver engineered environmental
solutions that will drive your business forward.
terrapure www.terrapureenv.com
PROJECT OVERVIEW
OBJECTIVE
TERRAPURE (US. Entity: Environmental Solutions (US) ltd. is submitting this proposal
to provide the personnel and equipment to mobilize, dewater and provide transport runoff-
solids accumulated within lagoon 5 and 6. Based on data provided within the RFP and
data collected from samples taken the total anticipated projections for the cells:
SOLIDS % DENSITY DT ESTIMATE ESTIMATED WET
(SHORT TONS) WEIGHT (SHORT TONS)
CELL 5-6 17 1.03 9,500 32,000
The purpose of this document is to outline the equipment and process that will be used
to safely and efficiently mobilize slurry from the cells to be serviced, chemically treat the
slurry to propagate solid-water separation, and mechanically separate the solids from the
liquid phase using multiple decanter centrifuges. Mobilization of the slurry from the cells
to be serviced will be executed using a manned dredge which will be placed into the cells
by a crane or loader. TERRAPURE has used relevant industry experience and sample
analysis to develop the best methodology possible to ensure the safe and timely
execution of this project.
Our process is designed to ensure maximum productivity, reduce and/or eliminate
chemical consumption while minimizing total time onsite. All aspects of this design have
been carefully considered to ensure employee and environmental safety while
maximizing operational success.
terrapure www.terrapureenv.com
ESTIMATED TIMELINE
For lagoon 5 & 6, a timeline estimate has been provided in the table below based 24 hour
operational days. TERRAPURE will mobilize all process equipment upon mutual
agreement of start date with O.N. Stevens Water Treatment Plant. The timelines are
based on the sludge volumes provided in the RFP and produced by internal lab testing.
OPERATION
DAY: 24Hrs
POND MOB COMMISSION PROCESS DEMOB
(Day) (Day) (Day) (Day)
5-6 3 3 150 3
Upon receipt of`Notice to Proceed' TERRAPURE will initiate a plan (timetable)to mobilize
all equipment. A copy of the finalized plan will be submitted to the O.N. Stevens plant for
approval and copy.
FORECASTED CHART
Estimation only-O.N.STEVENS WATER TREATMENT PLANT SLUDGE REMOVAL FROM 5 AND 6 (Special Procedure 0135 00)
ID Task Name Start Finish Aug Sept Oct Nov Dec Jan I Feb Mar Apr
1 Bid due date 08/16/2019 08/16/2019
2 Notice to Proceed 09/30/2019 09/30/2019
3 Mobilization 12/16/2019 12/19/2019
4 Commissioning 12/20/2019 12/24/2019 Processing
5 Processing 01/06/2020 03/17/2020
6 2700 DT Milestone#1 01/04/2020 01/25/2020
7 5800 DT Milestone#2 01/26/2020 02/17/2020
8 8900 DT Milestone#3 1 02/18/2020 1 03/11/2020
9 Substantial Completion 9500 DT 03/12/2020 03/17/2020
10 Final Completion 03/18/2020 03/23/2020
terrapure www.terrapureenv.com
SCOPE: MOBILIZATION/COMMISSIONING
1. TERRAPURE will work with O.N. Stevens Water Treatment Plant to arrange and
coordinate any necessary site specific training for all TERRAPURE personnel
working on O.N. Stevens Water Treatment Plant' site.
2. Prior to beginning any work on site, TERRAPURE staff will meet with designated
O.N. Stevens Water Treatment Plant personnel to review the detailed scope of
work for the project. Procedural, environmental and health and safety protocols
will be discussed to ensure the safe and efficient completion of the project.
TERRAPURE will supply a project binder and JSA to ensure that all client
requirements are met; or exceeded, for the duration of the project.
a. O.N. Stevens Water Treatment Plant will be responsible for prepping
(remove all nonessential objects) stage area prior to process
equipment arriving on site.
3. TERRAPURE will mobilize all essential equipment for processing to the pre-
approved area. This will be completed by 8 operators and is expected to take 3
days.
4. The commissioning phase of all processing equipment is expected to last 3 days
total and will include all necessary electrical work and safety verifications.
Commissioning will include but is not limited to the following:
a. Lay down and placement of necessary piping (HDPE)
b. Centrifuge and Conveyor Setup
c. Dredge placement into lagoon by use of Crane (101 Ton)
d. Decanters (Mobile Centrifuges)
e. Generator
f. Transformer— electrical set up (if needed)
g. Chemical Flocculent Injection Setup
h. Conveyor
i. Scale
j. Sound barrier
k. Solids collection area
5. TERRAPURE will place the dredge into the lagoon with the use of a crane (101
Ton) or a loader.
6. TERRAPURE will stage 3 mobile centrifuges with conveyors aligned to deposit
dewatered solids into the solids collection area.
s; terrapure www.terrapureenv.com
7. Adjacent to the centrifuges will be the 2 polymer trailers that will be connected to
provide the centrifuges with polymer.
8. As outlined in Process Flow Diagram, a rotary filter and slurry tank will be staged
alongside the centrifuges. The rotary filter /slurry tank system will receive feed
from the lagoon via dredge.
9. For lagoon 5 : Cat tails, will be removed by use of dredge auger/loader and
collected by motorized boat, and/or loader.
10. For lagoon 5 & 6; as per RFP all cat tails will be completely (including root)
removed by O.N. Stevens WWT plant.
11 .All process equipment will meet industry standards and have ESA (or equivalent)
certification, where appropriate. O.N. Stevens Water Treatment Plant will be
required to provide electrical support (Technical information) for connections,
inspections and grounding the equipment; as required, for the duration of the
project.
terrapure www.terrapureenv.com
SCOPE: SLURRY DEWATERING
1. TERRAPURE EH&S and processing staff will perform an FLHA (Field Level Hazard
Assessment) — control measures & specific PPE needs will be issued.
2. Process staging area (spill contained) will be identified. It is estimated that an area
of 250 X 200 feet will be required for staging and safe operation.
3. Once staging is complete, TERRAPURE will request that a final inspection and
written approval is given by O.N. Stevens Water Treatment Plant regarding process
equipment layout and EH&S control measures.
4. Processing shift will be manned by 4 operators which will include a working
supervisor.
5. The in-situ material and water from the pond will be pumped by TERRAPURE
using the dredge, through the HDPE piping and subsequent screening before
entering a mix tank. A mix tank is used to maintain homogenous slurry.
a. The dredge to be used will have high profile low pressure tires below
the auger— this will prevent the auger from making contact with the
lagoon liner.
b. Dredge has a working capacity of 2500gpm
6. To enhance solids separation the slurry will be injected with a polymer flocculent
prior to introduction into the decanter centrifuge system.
a. Water for polymer make-down will be pumped from surface or from adjacent
lagoon
7. The decanter centrifuge will separate the sludge into two components: dewatered
solids (cake) and centrate water.
terrapure www.terrapureenv.com
8. The cake will be conveyed into a pile and will be loaded periodically into dump
trucks. A loader will transfer dewatered solids from solids collection area to
awaiting transport.
a. Dump trucks will transport and off-load solids at Cefe Valenzuela Landfill.
b. Solids collection area will be covered to prevent dewatered solids from rain.
c. Quantity(#of trucks) will be scheduled per week with trucking company and
or as an as needed basis.
d. Proposed transport route from Hearn Rd to land fill— Via FM1694
e. Transport will utilize the approx. 25 loads per day to maintain required solids
removal. This will be achieved with dump trucks.
9. The centrate water will be pumped back to the pond being serviced via a sump
pump.
10.A representative sample of the solids from each truck will be retained for the
duration of the project. As stated in the RFP all required sample will be obtained
from the solids collection area.
11 . All staged (loaded) trucks will be covered to prevent against rain.
12. If needed, during pumping of slurry to TERRAPURE processing equipment,
TERRAPURE operators will conduct tri-hourly sampling of the feed which will be
used to generate a shift composite. The composite shift sample generated from
the tri-hourly samples will undergo moisture and density analysis to assess the
total mass transfer to the dewatering equipment. This will be cross-examined with
truck weights to consolidate a mass balance. In the same manner, a composite of
cake will be generated and its moisture will be analyzed. Results will be made
available and communicated to the client via daily process reports and the data
will be used in conjunction with flow-meter values to validate mass balance
calculations and verify the process forecast.
13. Once sludge removal is complete from lagoon 5 & 6 and O.N. Stevens WWT plant
confirms that the required volume has been removed, TERRAPURE will begin
decommissioning.
If O.N. Stevens requires TERRAPURE to remobilize dredge equipment to lagoons
5 & 6—TERRAPURE will initiate agreements outlined in RFP with reference to cost
associated.
terrapure www.terrapureenv.com
PROCESS FLOW DIAGRAM
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SITE LAYOUT - AREA)
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ENVIRONMENT, HEALTH & SAFETY
Excellence in Environment, Health & Safety is a core value at TERRAPURE. Our
performance is based on strong leadership creating a culture of safety and
environmental stewardship supported by talented people working as a team with
state-of-the-art equipment and detailed operating procedures.
ENVIROMENTAL PROTECTION
1 . TERRAPURE utilizes environmentally friendly hydraulic oil in all marine
equipment. The MSDS for this oil and any other chemical used on site will
be approved by O.N. Stevens Water Treatment Plant.
2. All equipment with the potential to leak will be placed inside containment to
protect the environment in case of an inadvertent leak.
3. Equipment, hoses and connections will be double-checked prior to start up
to ensure they are secure.
4. TERRAPURE will provide a spill kit on site.
HEALTH & SAFE
1 . TERRAPURE personnel will have completed O.N. Stevens Water
Treatment Plant' site specific orientation prior to start any work on site.
2. TERRRAPURE will provide all EH&S documentation and training
documentation, as requested.
3. TERRAPURE will ensure all relevant health and safety procedures are
being followed at all times.
4. TERRAPURE will provide all required Personal Protection Equipment
(PPE) to complete the work safely.
5. A minimum of 5 fire extinguishers will be on site.
terrapure www.terrapureenv.com
COMPANY ORG CHART
ORGAN IG'RAM X11 E
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WEL-N-EPIEPr.►uie�en[.ru
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terrapure www.terrapureenv.com
EQUIPMENT LIST
Quantity f
Description Loader
1 Set Flex Hose
1 Set Pipeline Floats
1 Rescue Boat with Life Jackets
ALL Hose/HDPE Piping (8"/12")
1 Gen-set
1 Telescopic Forklift
3 Decanter Centrifuge
2 Polymer Trailer
1 Mix tank w/Screen
1 Office Trailer
3 Conveyors
1 Fuel tank
1 Set — Berms & Liners
1 Set Concrete Blocks
1 Turbidity Curtains
1 Scale
1 Set Pumps
1 SP 2010 Mud Cat Dredge (Diesel), 30,OOOIb
terrapure www.terrapureenv.com
PRICING SCHEDULE
DeMeasure
scription Unit of Rate SEE RFP SEE RFP
Rate SEE RFP SEE RFP
Standby Rate- If Required SEE RFP SEE RFP
RESPONSIBILITIES
•
Operation and maintenance of the system with the X
highest safety measures.
Supply Electrician X
Supply the required energy (Electric) X
Spill Mitigation &Turbidity Management X
Manage/supply/maintain fittings/disconnects/piping X
Loading Pad (Steel plate and anchor blocks for solids) X
Slurry transfer and management of feed stock X
Access to landline phone X
Access to WiFi X
Supply equipment to unload and install equipment
X
(crane, loader, zoom-boom)
Water for polymer (Surface Water Lagoon 7) X
Stage area and unrestricted access to site X
Fuel for onsite equipment delivered daily X
Auxiliary supplies (lighting, bathrooms, lunch room, X
lodging, lunch meals etc)
Essential Process Equipment Spare parts X
Analysis and reporting X
terrap.jr(�-- www.terrapureenv.com
ADDITIONAL INFORMATION
1 . The project will be scheduled for a mutually agreeable date between O.N.
Stevens Water Treatment Plant and TERRAPURE within the allowed timetable
(Notice to proceed) as outlined in the RFP.
2. In the event O.N. Stevens Water Treatment Plant requests TERRAPURE to
cease operations or the process is stopped for a scope change, standby rates
will apply.
3. TERRAPURE will maintain all necessary spare parts on site to ensure
minimum down time.
4. In the event TERRAPURE is required to cease operations due to severe
weather, standby rates will apply.
5. O.N. Stevens Water Treatment Plant is not responsible for any delays caused
by TERRAPURE, should they occur.
6. Any change to the scope or additional requirements (including training)that are
not specifically mentioned in this proposal may result in additional charges and
must be discussed and agreed upon in advance by both parties designated site
representatives.
7. The pricing above does not include taxes.
8. This quote expires 90 days from the date of issue.
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STANDARD TERMS AND CONDITIONS - SERVICES
The standard terms and conditions ("T&Cs") set forth herein apply to the attached quotation or
document regarding Services (defined below) for O.N. Stevens Water Treatment Plant. ("Customer") by
Revolution Environmental Solutions LP ("Terrapure") which Services will be subject to these T&Cs and
togetherwith the attached quotation or document constitute a formal agreement(the"Agreement") between
the parties.
'i. Services Provided
Terrapure will provide Customerwith the services set out on the attached quotation ordocument or
as otherwise agreed to by the parties ("Services").
Industrial Waste
If the Services include the handling of Customer's non-hazardous solid waste and/or hazardous
waste (collectively, "Industrial Waste"), Customer will provide Terrapure with a generator's Waste Profile
Sheet ("WPS") describing the Industrial Waste and provide a representative sample of such Industrial
Waste on request. Customer represents and warrants that all Industrial Waste delivered by Customer to
Terrapure shall be in accordance with the waste descriptions given in the WPS and shall not be or contain
any Non-conforming Waste. "Non-conforming Waste" means: (a) waste not properly identified, marked,
labeled, contained or accompanied by appropriate documents; (b) waste that is not in conformance with
the description of the WPS orthe parameters ofTerrapure's Waste Process Codes upon which the quotation
is based and as such (i) increases the nature or extent of the hazard and risk undertaken by the facility
providing Services for the waste, or (ii) necessitates materially more specialized handling than that
contemplated if the waste had been"conforming", or(iii) requires services forwhich the designated disposal
facility is not permitted to provide; (c) waste that is or contains any infectious waste, radioactive, volatile,
explosive, biomedical, biohazardous material, regulated medical or hazardous waste or toxic substances,
as defined pursuant to or listed or regulated under applicable federal, provincial or local law, except as
stated on the WPS; or (d) waste that is prohibited from being received, managed or disposed of at the
designated disposal facility by federal, provincial or local law, regulation, rule, code, ordinance, order, permit
or permit condition.
Acceptance of Waste, Title and Risk
Title to, liability for, risk of loss and all other incidents of ownership of waste shall pass from
Customer to Terrapure in accordance with the laws of the jurisdiction in which such transfer is made and
where the laws of such jurisdiction are silent, at the time shown below. A waste is accepted at a Terrapure
facility only when it has been approved through Terrapure's QA/QC process and upon completion of the
applicable manifest or bill of lading and completely off-loaded into a Terrapure treatment process or bulk
storage area unless it is Non-conforming Waste. If a waste is Non-conforming Waste, title to, liability for,
risk of loss and all other incidents of ownership shall be deemed never to have passed to Terrapure.
Inspection and Rejection of Waste
Title to, liability for, risk of loss and all other incidents of ownership of Non-conforming Waste shall
remain with Customer at all times. Terrapure shall have the right to inspect, analyze or test any waste
delivered by Customer. If Customer's waste is Non-conforming Waste, Terrapure can, at its option, reject
such Non-conforming Waste and return it to Customer or require Customer to remove and dispose of the
Non-conforming Waste at Customer's expense. Customer shall indemnify, hold harmless and pay or
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reimburse Terrapure for any and all costs, damages, liability and fines incurred as a result of, or directly or
indirectly relating to, Customer's tender or delivery of Non-conforming Waste, including, but not limited to,
costs of inspection, testing, analysis, transportation and disposal.
If Terrapure elects to handle, rather than reject, Non-conforming Waste, Terrapure shall have the
right to manage the same in the manner deemed most appropriate by Terrapure given the characteristics
of the Non-conforming Waste. Terrapure may assess, and Customer shall pay, additional costs and fees
associated with delivery of Non-conforming Waste, including, but not limited to, special handling or disposal
charges and costs associated with different qualities or quantities of waste, different delivery dates,
modifications in operations, specialized equipment and other operational, environmental, health, safety or
regulatory requirements.
Entry to Terrapure Premises
When Customer transports waste to a Terrapure facility, Customer and its subcontractors are
permitted to enter a Terrapure site for the sole purpose of off-loading waste at an area designated, and in
the manner directed, by Terrapure. Customer shall, and shall ensure that its subcontractors, comply with
all rules and regulations, as amended, of the facility. Terrapure may reject waste, deny Customer or its
subcontractors entry to its site and/or terminate the Agreement in the event of Customer's or its
subcontractors'failure to follow any such rules or regulations.
Representations and Warranties
Customer represents and warrants that it will and will ensure that its subcontractors comply with all
applicable laws, ordinances, rules, regulations, orders, permits or other legal requirements applicable to
the waste.
Terrapure represents and warrants that Terrapure will manage the waste in a safe and workmanlike
manner in full compliance with all valid and applicable laws, ordinances, orders, rules, regulations and
permits or other legal requirements applicable to the waste. Except as provided herein, Terrapure makes
no other warranties and hereby disclaims any other warranty, whether implied or statutory.
. Charges and Payments
Customer shall pay the rates set forth in the attached quotation or document. The rates may be
adjusted by Terrapure to account for: (a) any increase in or to recoup all or any portion of, treatment or
disposal,fuel, or environmental compliance costs; (b)any change in the composition of the Industrial Waste
or as set forth in Section 4; and (c) increased costs due to uncontrollable circumstances, including, without
limitation, changes in local, provincial or federal laws or regulations, imposition of taxes, fees or surcharges
and acts of God such as floods, fires, etc. Customer shall pay all invoices in full within 30 days from the
date of each invoice. Customer will pay interest on any overdue balance at the rate of 2% per month (24%
per annum). Customer shall be liable for all taxes, including but not limited to GST, provincial sales taxes,
levies, duties and other charges, imposed upon the handling of Customer's waste and the Services by
federal, provincial or local laws, regulations, ordinances, permits or any other applicable authority.
Customer may, in good faith,dispute the correctness of any invoice, or any adjustment to an invoice
related to the Services or adjust any invoice for any arithmetic or computational error, within twelve (12)
months of the date of the invoice or adjustment. Any dispute with respect to an invoice is waived unless
Terrapure receives notice under this Section within twelve (12) months after the date of the invoice or any
specific adjustment to the invoice is made. In the event an invoice or portion thereof, or any other claim or
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adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required
to be made when due, with notice of the objection given to Terrapure. Any invoice dispute or invoice
adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the
disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any
required payment shall be made within two business days of such resolution along with interest accrued at
2% per month (24% per annum) from and including the due date to but excluding the date paid.
Q. Equipment
Any equipment Terrapure furnishes to Customer will at all times remain Terrapure property.
Customerwill be responsible for any loss or damage resulting from Customer's handling of such equipment,
except for normal wear and tear. Customer will not overload by weight or volume, move or alter the
equipment and will take reasonable precautions to prevent others from doing the same. Customer will use
the equipment only for its intended purpose. On the equipment return date, Customer will provide
unobstructed access to the equipment or, if applicable,deliver the equipment to Terrapure. If the equipment
is inaccessible or not returned on time, as applicable, or overloaded by weight or volume, Customer's
Service will be subject to an additional charge. Customer must at all times keep such equipment free of all
liens and encumbrances.
i u. Indemnification
Customer agrees to indemnify, defend and save Terrapure, its affiliates and their directors, officers,
employees and contractors harmless from and against any and all liability (including reasonable lawyer's
fees) which Terrapure may be responsible for or pay out as a result of bodily injuries (including death),
property damage, or any violation of law to the extent caused by: (a) Customer's or its affiliates' breach of
the Agreement; or (b) any negligent act, negligent omission or willful misconduct of Customer, its affiliates
or their employees or contractors.
Terrapure agrees to indemnify, defend and save Customer, its affiliates and their directors, officers,
employees and contractors harmless from and against any and all liability (including reasonable lawyer's
fees) which Customer may be responsible for or pay out as a result of bodily injuries (including death),
property damage, or any violation of law to the extent caused by: (a) Terrapure's or its affiliates' breach of
the Agreement; or (b) any negligent act, negligent omission or willful misconduct of Terrapure, its affiliates
or their employees or contractors, which occurs during the performance of the Services; provided that
Terrapure's indemnification obligations will not apply to the treatment or disposal of Customer's waste in a
facility not owned or operated by Terrapure or an affiliate of Terrapure, or for occurrences involving Non-
conforming Waste.
Neither party shall be liable to the other for consequential, incidental or punitive damages arising
out of the performance of the Agreement.
11. Terminatioii
Either party may terminate the Agreement upon providing thirty(30)days written notice to the other
party. Notwithstanding the above termination, the Agreement shall remain in full force and effect, in
accordance with its terms, with respect to any incomplete Service until such Service is completed. Either
party may terminate the Agreement immediately if the other party becomes insolvent, files a petition in
bankruptcy or makes any assignment for the benefit of its creditors and Customer shall pay for all Services
completed prior to such termination.
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Except for the obligation to make payments hereunder, neither party shall be in default for its failure
to perform or delay in performance caused by events beyond its reasonable control, including, but not
limited to, labor disputes, strikes, riots, imposition of laws or governmental orders, fires or acts of God, and
the affected party shall be excused from performance during the occurrence of such events.
13. Confidentiality
Each party agrees to keep, and shall ensure that their employees, contractors, agents and
representatives keep, confidential and not disclose to any third party, without the written consent of the
disclosing party, during the term of the Agreement, all information provided to the receiving party or
developed by a party while performing the Services. All such information shall remain the property of the
party who disseminated the confidential information. The obligations of confidentiality set forth herein shall
not apply to any information that (i) is publicly available as of the date of the Agreement, (ii) becomes
publicly available through no fault of the receiving party or its employees, (iii) is already lawfully known to
the receiving party at the time of receipt, (iv) is available to the receiving party from a third party who to the
receiving party's knowledge is not under an obligation of confidence with respect to such information or(v)
is required to be disclosed by a government or regulatory agency, court order or law.
Assignment and Subcontracting
This Agreement shall be binding on and shall inure to the benefit of the parties and their respective
permitted successors and assigns. Customer may not assign all or any part of the Agreement, without the
prior written approval of Terrapure. The Services may be performed by Terrapure or any affiliate and
Terrapure may subcontract all or any part of the Services in its sole discretion.
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Miscellaneous
Subject to Section 8, if Customer fails to pay Terrapure amounts due for Services, Terrapure will be entitled
to collect all reasonable collection costs or expenses, including reasonable lawyer's fees, court costs
or handling fees for returned checks from Customer.
This Agreement represents the entire understanding and agreement between the parties relating to the
Services and supersedes any and all agreements, purchase or work orders, bids or proposals,whether
written or oral, between the parties regarding the same.
The Services shall be governed by the laws of the province where the Services are performed. The
validity, interpretation and performance of the Agreement shall be governed by and construed in
accordance with laws of the Province of Alberta without reference to conflict of laws principles. The
parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Alberta.
If any provision of the Agreement is declared invalid or unenforceable by a court of competent
jurisdiction, then such provision shall be deemed severable from and shall not affect the remainder of
the Agreement, which shall remain in full force and effect.
Customer's payment obligations for Services and the representations and warranties and
indemnification obligations made by each party shall survive termination of these T&Cs and the
Agreement.
The parties have expressly required that this document and all agreements, documents and notices
relating to this document be drafted in the English language. Les parties ont expressement exige que
ce document et tous les autres contrats,documents et avis qui y sont afferents soient rediges en Iangue
anglaise.
O.N. Stevens Water Treatment Plant Approval:
Name:
Signature:
Date:
IPO#:
Reference Environmental Solutions (US) Ltd.: TP-TX-2019-08-77.0
terrapure www.terrapureenv.com
Liberty Interchange Corporate Center
450 Plymouth Road,Suite 400
Mutual, Plymouth Meeting, PA.19462-1644
Ph.(610)832-8240
BID BOND
Bond Number: BDTO-100029-019-62
KNOW ALL.MEN BY THESE PRESENTS,that we
Environmental Solutions(US)Ltd. as principal(the"Principal"),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the
"Surety"), are held and firmly bound unto
City of Corpus Christi,Texas as obligee (the"Obligee"), in
the penal sum of
Five Percent of Tender Price Dollars(5%of Tender Price )
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has submitted a bid for:
ONS WTP Dredging of Lagoons 5 and 6-Project No. 19052A
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no
period be specified,within sixty(60)days after opening, and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or
bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the work covered by said bid, then this obligation shall be null and void;otherwise to remain
in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must
be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above,
within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one
(1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply.
DATED as of this 6th day of August 2019
WITNESS/ATTEST Environmental Solutions(US)Ltd.
(Principa
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Title:
LIBER MUTU SURA NCI= COMPANY
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LMIC-5000 Rev.03104
This Power of Attorney limits the acts of those named herein,and they have no authority to
hind the Company except in the manner and to the extent herein stated,
Liberty
Liberty Mutual Insurance Company Certificate No: 8200896-986158
International
Underwriters.
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That Liberty Mutual Insurance Company("the Company")a corporation duly organized under the laws of the State of Massachusetts,
USA, pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Pattiuk W.Baker,Steven Gava,Lisa Gierl,Hashi Hashi,Stan Kolodzicjski,
Barry Nonnet,Sarita Pannar,Jacqueline Redford,JeffSarinko,Shane Sinclair,Patricia Woloszyn
all of the city of Toronto ,state/provincellerritory of Ontario each individually if there be more than one named,its true and lawful
attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety
obligations,in pursuance of these presents and shall be as binding upon the Company as if they have been duly signed by the president and attested by the secretary of the Company in
their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
[hereto[his 10th day of April 2019
Pv W sUgq Liberty Mutual Insurance Company
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On[his 101h day of April 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c°
mCompany,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the Company by himself as a duly o
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> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. �
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0 ami This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company,which resolutions are naw in ao
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ARTICLE IV-OFFICERS:Section 12.Power of Attorney. O cu
EAny officer or other official of the Corporation authorized for(hat purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the,4�
o Co President may prescribe,shall appoint such altomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety
-a >, any and all undertakings,bonds,recognizances and other surety obligations.Such altomeys-in-fact,subject to the limitations set forth in(heir respective powers of attorney,shall 7 0
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such (V
> ;v instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the
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Zprovisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
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ARTICLE Xllf-Execution of Contracts:Section 5,Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in wdling by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 0 m
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, F-
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of[he Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such atlomeys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of tho
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have herounlo set my hand and affixed the seals of said Company this 6 day of August , 2([19 .
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LIU-16791 LMIC 012019
19052A O.N.S.WTP Dredging of Lagoons 5 and 6 Report Created On:8/16/19 8:19:38 PM
ACKNOWLEDGE ADDENDA
NAME ACKNOWLEDGEMENT DATE
19052AAddendum No. 1 08/14/2019 18:54:36 PM
19052A O.N.S.WTP Dredging of Lagoons 5 and 6 Report Created On:8/16/19 8:19:38 PM
REQUIRED DOWNLOADS
TYPE NAME DOWNLOAD DATE
Bid Docs 19052A Specifications 7/29/19 11:18:47 AM
Plans 19052A Plans 7/29/19 11:19:00 AM
Addenda 19052A Addendum No. 1 8/12/19 8:19:07 AM
Other 19052A BiddersWorksheet 7/29/19 11:19:00 AM
00 52 23 AGREEMENT
This Agreement,for the Project awarded on Tuesday, September 24, 2019, is between the City of Corpus
Christi (Owner) and
Environmental Solutions(US) Ltd dba Terrapure Environmental (Contractor).
Owner and Contractor agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as:
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A
ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE
2.01 The Project has been designed by:
LNV, Inc.
801 Navigation Blvd., Suite 300
Corpus Christi,Texas, 78408
2.02 The Owner's Authorized Representative for this Project is:
Brett Van Hazel, PMP—Assistant Director of Construction
City of Corpus Christi—Engineering Services
4917 Holly Road, Bldg#5
Corpus Christi,Texas 78413
ARTICLE 3—CONTRACT TIMES
3.01 Contract Times
A. The Work is required to be substantially completed within 150 days after the date when the
Contract Times commence to run as provided in the Notice to Proceed and is to be completed
and ready for final payment in accordance with Paragraph 17.16 of the General Conditions
within 180 days after the date when the Contract Times commence to run.
B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL
PROCEDURES.
Agreement 005223- 1
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
3.02 Liquidated Damages
A. Owner and Contractor recognize that time limits for specified Milestones, Substantial
Completion, and completion and readiness for Final Payment as stated in the Contract
Documents are of the essence of the Contract. Owner and Contractor recognize that the
Owner will suffer financial loss if the Work is not completed within the times specified in
Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General
Conditions. Owner and Contractor also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if
the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner
and Contractor agree that as liquidated damages for delay (but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after
the time specified in Paragraph 3.01 for Substantial Completion until the Work is
substantially complete.
2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day
that expires after the time specified in Paragraph 3.01 for completion and readiness for
final payment until the Work is completed and ready for final payment in accordance
with Paragraph 17.16 of the General Conditions.
3. Liquidated damages for failing to timely attain Substantial Completion and Final
Completion are not additive and will not be imposed concurrently.
4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in
SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions.
5. The Owner will determine whether the Work has been completed within the Contract
Times.
B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its
actual damages resulting from the failure of Contractor to complete the Work in accordance
with the requirements of the Contract Documents.
ARTICLE 4—CONTRACT PRICE
4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract
Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed
in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that
estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and
final payment for all unit price items will be based on actual quantities, determined as provided
in the Contract Documents.
Total Base Bid Price $ 1,799,550.00
ARTICLE 5—PAYMENT PROCEDURES
5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions.
Applications for Payment will be processed by the OAR as provided in the General Conditions.
Agreement 005223- 2
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
5.02 Progress Payments; Retainage:
A. The Owner will make progress payments on or about the 25th day of each month during
performance of the Work. Payment is based on Work completed in accordance with the
Schedule of Values established as provided in the General Conditions.
B. Progress payments equal to the full amount of the total earned value to date for completed
Work minus the retainage listed below and properly stored materials will be made prior to
Substantial Completion.
1. The standard retainage is 5 percent.
C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of
payments previously made and less set-offs determined in accordance with Paragraph 17.01
of the General Conditions.
D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed
ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in
excess of the amount described above is held prior to Substantial Completion,the Owner will
place the additional amount in an interest bearing account. Interest will be paid in
accordance with Paragraph 6.01.
E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less
amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less
200 percent of OAR's estimate of the value of Work to be completed or corrected to reach
Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the
amounts set forth above for progress payments prior to Substantial Completion if Owner has
concerns with the ability of the Contractor to complete the remaining Work in accordance
with the Contract Documents or within the time frame established by this Agreement.
Release or reduction in retainage is contingent upon and consent of surety to the reduction
in retainage.
5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with
Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work.
ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE
6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas
Government Code Chapter 2251.
6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid
except as provided in Texas Government Code Chapter 2252.
ARTICLE 7—CONTRACTOR'S REPRESENTATIONS
7.01 The Contractor makes the following representations:
A. The Contractor has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. The Contractor has visited the Site and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the Work.
Agreement 005223-3
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and
performance of the Work.
D. The Contractor has carefully studied the following Site-related reports and drawings as
identified in the Supplementary Conditions:
1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site;
2. Drawings of physical conditions relating to existing surface or subsurface structures at
the Site;
3. Underground Facilities referenced in reports and drawings;
4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or
adjacent to the Site; and
5. Technical Data related to each of these reports and drawings.
E. The Contractor has considered the:
1. Information known to Contractor;
2. Information commonly known to contractors doing business in the locality of the Site;
3. Information and observations obtained from visits to the Site; and
4. The Contract Documents.
F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with
respect to the effect of such information, observations, and documents on:
1. The cost, progress, and performance of the Work;
2. The means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor; and
3. Contractor's safety precautions and programs.
G. Based on the information and observations referred to in the preceding paragraphs,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract
Documents.
H. The Contractor is aware of the general nature of Work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
I. The Contractor has correlated the information known to the Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or
discrepancies that the Contractor has discovered in the Contract Documents,and the written
resolution provided by the OAR is acceptable to the Contractor.
K. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
Agreement 005223-4
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
L. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.
M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S
INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS
AND THE SUPPLEMENTARY CONDITIONS.
ARTICLE 8—ACCOUNTING RECORDS
8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of
materials incorporated and labor and equipment utilized for the Work consistent with the
requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper
financial management under this Agreement. Subject to prior written notice,the Owner shall be
afforded reasonable access during normal business hours to all of the Contractor's records, books,
correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating
to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such
documents for a period of 3 years after the final payment by the Owner.
ARTICLE 9—CONTRACT DOCUMENTS
9.01 Contents:
A. The Contract Documents consist of the following:
1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS.
2. Drawings listed in the Sheet Index.
3. Addenda.
4. Exhibits to this Agreement:
a. Contractor's Bid Form.
5. Documentation required by the Contract Documents and submitted by Contractor prior
to Notice of Award.
B. There are no Contract Documents other than those listed above in this Article.
C. The Contract Documents may only be amended, modified, or supplemented as provided in
Article 11 of the General Conditions.
ARTICLE 10—CONTRACT DOCUMENT SIGNATURES
One original of the signed Agreement will be required. The sequence of signatures will be
completed in the following order:
A. CONTRACTOR— Contract Documents must be signed by a person authorized to bind the
firm or company. If Contractor is a Corporation, documents must be Attested;
B. ASSISTANT CITY ATTORNEY for the City;
C. DIRECTOR OF ENGINEERING SERVICES;
D. CITY SECRETARY for the City.
Agreement 005223-5
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
ATTEST CITY OF CORPUS CHRISTI
/�� Digaanly si— by Rebe, C4If Kim Baker Digitally signed by Kim Baker
'Illlli�l/` DN.c=Rebecca Huena,o=Ci7 of Corpus CM1r¢ti,ou=Cay DN.cn=Kim Baker.o=City of Corpus Christi.ou=Contracts and
Se -,,..email=rebeccaM1@cclezas.com,-US Procurement Departmentemail=kim1b2@cctexas.com.c=US
"'///lll%%ttv//rll' Ill✓✓✓ Dale.2019.11.05 16 46 45-06'00' Date.2019.11.0514.25.05-06'00'
Rebecca Huerta Kim Baker
City Secretary Director of Contracts and Procurement
M2019-153 AUTHORIZED
APPROVED AS TO LEGAL FORM: BY COUNCIL 09-24-2019
Digitally signed by Kent Mcllyar
DN:�n-KentMcdyar,o,ou,
m
email-kentc@ exas Dm - S R H/A B Digitally signed by RH/AB
Date:2019.11.0413:o3:34-o6'00' Date:2019.11.05 14:53:16-06'00'
Assistant City Attorney
ATTEST(IF CORPORATION) CONTRACTOR
Todd �����, ���-,odor o�, Environmental Solutions (US) Ltd dba Terrapure
�° °"`Loee Environmental
(Seal Below) By: Todd Moserox cm I`
Note: Attach copy of authorization to sign if Title: CEO
person signing for CONTRACTOR is not President,
Vice President, Chief Executive Officer, or Chief 1100 Burloak Drive, Suite 500
Financial Officer Address
Burlington, ON 1-71-6132
City State Zip
819-699-0579
Phone Fax
mrobert@terrapureenv.com
EMail
END OF SECTION
Agreement 005223-6
ONS WTP Dredging of Lagoons 5 and 6
Project No. 19052A Rev 10/2018
00 6113 PERFORMANCE BOND
BOND NO. BDTO-100147-019
Contractor as Principal
Name: Environmental Solutions (US) Ltd dba
Terrapure Environmental
Mailing address (principal place of business):
1100 Burloak Drive, Suite 500
Burlington, ON L7L6B2
Owner
Name: City of Corpus Christi, Texas
Mailing address (principal place of business):
Engineering Services
1201 Leopard Street
Corpus Christi, Texas 78469
Contract
Project name and number:
Project No. 19052A
ONS WTP Dredging of Lagoons 5 and 6
Award Date of the Contract: September 24, 2019
Contract Price: $1,799,550.00
Bond
Date of Bond: September 24, 2019
(Date of Bond cannot be earlier than Award Date
of the Contract)
Surety
Name: Liberty Mutual Insurance Company
Mailing address (principal place of business):
175 Berkeley Street, Boston, MA 02116
Physical address (principal place of business):
175 Berkeley Street, Boston, MA 02116
Surety is a corporation organized and existing
under the laws of the state of: Massachusetts
By submitting this Bond, Surety affirms its
authority to do business in the State of Texas and
its license to execute bonds in the State of Texas.
Telephone (main number):
416-847-5986
Telephone (for notice of claim):
416-307-4672
Local Agent for Surety
Name: Marsh Canada Limited
Address: 120 Bremner Boulevard, Suite 800,
Toronto, ON M5J 0A8 Canada
Telephone: 416-349-4494
Email Address: sarita.parmar@marsh.com
The address of the surety company to which any
notice of claim should be sent may be obtained
from the Texas Dept. of Insurance by calling the
following toll-free number: 1-800-252-3439
Performance Bond
19052A ONS WTP Dredging of Lagoons 5 and 6
006113-1
7-8-2014
Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as
Principal faithfully performs the Work required by the Contract then this obligation shall be null and
void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be
pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code
as amended and all liabilities on this bond shall be determined in accordance with the provisions of said
Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces
County, Texas for any legal action.
Contractor as Principal
Environmental Solutions(lt6,'rcrrapurcEnvironmental
Signature:
Surety
Liberty Mu alInsurv!;c(ampany
Signature: Amb,
Name: Sarita '1: rmar
Name: 1 M clse c-
Title:
Title: Attorney -in -Fact
CE J { p p h -f
Email Address: cse r-Q.4.e. Erci_kaLta-cerw.
Email Address: sarita.parmar@marsh.com
(Attach Power of Attorney and place surety seal below)
c P r
,i yr - . -
`rt.;rtr1lt!tl .• .
END OF SECTION
Performance Bond
19052A ONS WTP Dredging of Lagoons 5 and 6
006113-2
7-8-2014
Liberty
Mutual
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company Certificate No: 8201678 - 986158
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company ("the Company") a corporation duly organized under the laws of the State of Massachusetts,
USA, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Patrick W. Baker, Steven Gaya, Lisa Gierl, Hashi Hashi, Rajdeep Kahlon, Barry
Nonnet, Sarita Pannar, Jacqueline Redford, JctTSanmko, Shane Sinclair, Patricia Wolosryn
all of the city of Toronto , state/province/territory of Ontario each individually if there be more than one named, its true and lawful
attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety
obligations, in pursuance of these presents and shall be as binding upon the Company as if they have been duly signed by the president and attested by the secretary of the Company in
their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 28111 day of July , 2019 .
Liberty Mutual Insurance Company
�yr•P `" -f
By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 28th day of July 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the Company by himself as a duly
authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teresa Pastella. Notary Public
Upper Merlon Twp., Montgomery County
My Commission Expires March 28, 2021
Member, Pennsylvania Association of Notaries
By:
itatu
eresa Pastella, Notary Public
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company, which resolutions are now in
full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Uewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this day of Jr/�T ,
LMS -16791 LMIC 102018
. 1 �
•
.By:
Renee C. Llewellyn, Assistant Secretary
00 6116 PAYMENT BOND
BOND NO. BDTO-100147-019
Contractor as Principal
Name: Environmental Solutions (US) Ltd dba
Terrapure Environmental
Mailing address (principal place of business):
1100 Burloak Drive, Suite 500
Burlington, ON L7L6B2
Owner
Name: City of Corpus Christi, Texas
Mailing address (principal place of business):
Engineering Services
1201 Leopard Street
Corpus Christi, Texas 78469
Contract
Project name and number:
Project No. 19052A
ONS WTP Dredging of Lagoons 5 and 6
Award Date of the Contract: September 24, 2019
Contract Price: $1,799,550.00
Bond
Date of Bond:
September 24, 2019
(Date of Bond cannot be earlier than Award Date
of Contract)
Surety
Name: Liberty Mutual Insurance Company
Mailing address (principal place of business):
175 Berkeley Street, Boston, MA 02116
Physical address (principal place of business):
175 Berkeley Street, Boston, MA 02116
Surety is a corporation organized and existing
under the laws of the state of: Massachusetts
By submitting this Bond, Surety affirms its
authority to do business in the State of Texas and
its license to execute bonds in the State of Texas.
Telephone (main number):
416-847-5986
Telephone (for notice of claim):
416-307-4672
Local Agent for Surety
Name: Marsh Canada Limited
Address: 120 Bremner Boulevard, Suite 800,
Toronto, ON M5J 0A8 Canada
Telephone: 416-349-4494
Email Address: sarita.parmar@marsh.com
The address of the surety company to which any
notice of claim should be sent may be obtained
from the Texas Dept. of Insurance by calling the
following toll-free number: 1-800-252-3439
Payment Bond Form
19052A ONS WTP Dredging of Lagoons 5 and 6
006116-1
7-8-2014
Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal
and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly
and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays
all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work
required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain
in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter
2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied
at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action.
Contractor as Princi al
Environmental s 1 dba Terrapnrc Environmental
Signature:
Surety
Liberty NI a Insu., nce _:ompany
Signatur-. 4
Name: -1--a3K M,nc, p
Name: Sar Parmar
Title: SfjRcScri.R. j*
Title: Attorney -in -Fact
Email Address: Ad • _ 7y. , _ •
Email Address: sarita.parmar@marsh.com
C__Or►-N
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Payment Bond Form
19052A ONS WTP Dredging of Lagoons 5 and 6
006116-2
7-8-2014
•
•
I -
1
•
Liberty
Mutual
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company Certificate No: 8201678 -986158
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company ("the Company") a corporation duly organized under the laws of the State of Massachusetts,
USA, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Patrick W. Baker, Steven Gava, Lisa Gierl, I-lashi Hashi, Rajdeep Kahlon, Barry
Normet, Sarita Pannar, Jacqueline Redford, Jeff Saranko, Shane Sinclair, Patricia Woloszyn
all of the city of Toronto , state/province/territory of Ontario each individually if there be more than one named, its true and lawful
attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety
obligations, in pursuance of these presents and shall be as binding upon the Company as if they have been duly signed by the president and attested by the secretary of the Company in
their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 28th day of July , 2019 .
By:
Liberty Mutual Insurance Company
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY ss
On this 28th day of July 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the Company by himself as a duly
authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
P As
COMMONWEALTH OF PENNSYLVANIA
Notanal Seal
Teresa Pastella. Notary Public
Upper Menon Twp.. Montgomery County
My Commission Expires March 28.2021
Member. Pennsytoania Association or Notanes
By:
1/1444‘d
ares, Notary Public
Lta,„
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company, which resolutions are now in
full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys•in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company,. Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked. ---
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this /---r day of
LMS -16791 LMIC_102018
•
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•
By: C.�* ^ 7�
Renee C. Llewellyn, Assistant Secretary
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MARSH
Certificate of Insurance
No.: EV -2018 -1504 -REV -2 Dated: October 15, 2019
This document supersedes any certificate previously issued under this number
This is to certify that the Policy(ies) of insurance listed below ("Policy" or "Policies") have been issued to the Named Insured identified below
for the policy period(s) indicated. This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder
named below other than those provided by the Policy(ies).
Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this certificate may be issued
or may pertain, the insurance afforded by the Policy(ies) is subject to all the terms, conditions, and exclusions of such Policy(ies). This certificate
does not amend, extend, or alter the coverage afforded by the Policy(ies). Limits shown are intended to address contractual obligations of the
Named Insured.
Limits may have been reduced since Policy effective date(s) as a result of a claim or claims.
Certificate Holder:
City of Corpus Christi, Texas
1201 Leopard Street
Corpus Christi, TX 78469
Attn.: Engineering Services
Named Insured and Address:
Environmental Solutions (US) Ltd.
1100 Burloak Dr. Suite 500
Burlington, ON L7L 6B2
This certificate is issued regarding:
Evidence Of Insurance
Type(s) of Insurance
Insurer(s)
Policy
Number(s)
Effective/
Expiry Dates
Sums Insured Or Limits of Liability
COMMERCIAL GENERAL LIABILITY
• Broad Form Property Damage
'
• Personal Injury
• Advertising Liability
• Waiver of subrogation (only when
required by contract)
• Blanket Contractual Liability
• Employer's Liability
• Products/ Completed Operations
Aggregate
• XCU Hazards are not excluded on the
policy
AXIS Reinsurance Co. (Canadian
Branch)
CTP/637723/01/2019
May 01, 2019 to
May 01, 2020
Per Occurrence
CDN 1,000,000
Annual Aggregate
CDN 1,000,000
Products and Completed
Operations
p
General Aggregate
CDN 5,000,000
UMBRELLA
• Excess of the Commercial General
Liability Policy
• Waiver of subrogation (only when
required by contract)
AXIS Reinsurance Co. (Canadian
Branch)
CTX/637724/01/2019
May 01, 2019 to
May 01. 2020
Per Occurrence
USD 1,000,000
Products & Completed
Operations Aggregate
USD 1,000,000
Aggregate
USD 1,000,000
Other
AUTOMOBILE
• All vehicles owned by, registered in the
name of and/or leased by the Insured.
Zurich Insurance Company Ltd
AF 9806967
May 01, 2019 to
May 01, 2020
Bodily Injury and Property
Damage, Any One Occurrence
CDN 1,000,000
POLLUTION LEGAL LIABILITY
• Waiver of subrogation (only when
required by contract)
Berkley Insurance Company
BC 03442-1801
May 01, 2018 to.CDN
May 01. 2021
Limt of Liability
1,000,000
Per Occurrence
Aggregate
CDN 1,000,000
Self Insured Retention
CDN 100.000
PROPERTY ALL RISKS
• Waiver of Subrogation (only when
required by written contract)
AIG Insurance Company of Canada
(Lead) and other participating
insurers
MMCC150294
May 01, 2019 to
May 01. 2020
Any One Occurrence
CDN 1,000,000
Combined Single Limit Property
Damage / Business Intemrption
Transit Physical Damges Only
(per conveyance including
loading and unloading)
CDN 2,000.000
Deductible
CDN 100,000
Any One Occurrence in respect
of Transit
Deductible
CDN 250,000
Any One Occurrence in respect
of mobile equipment used in the
Insured's on-site / drill site
operations, filtration equipment
rented to third parties and dredge
units
Deductible
CDN 1,000,000
Any One Occurrence, other
deductibles may apply per policy
terns and conditions
Additional Information:
The following is added as Additional Insured to the Commercial General Liability policy, Automobile policy and Pollution Legal Liability Policy, but only with regards to
liability arising out of the operations of the Named Insured: City of Corpus Christi, Texas.
A Waiver of Subrogation has been added in favour of City of Corpus Christi, Texas under the above -captioned Automobile policy.
Notice of Cancellation applies to Commercial General Liability and Automobile.
Notice of cancellation:
Should any of the policies described herein be cancelled before the expiration date thereof, the insurer(s) affording coverage will endeavour to mail 30 days written notice to
the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer(s) affording coverage, their agents or
representatives, or the issuer of this certificate.
MARSH
Certificate of Insurance
No.: EV -2018 -1504 -REV -2 Dated: October 15, 2019
This document supersedes any certificate previously issued under this number
Marsh Canada Limited
120 Bremner Boulevard
Suite 800
Toronto, ON M5J 0A8
Telephone: 1-844-990-2378
Fax: -
certificaterequestscanada@marsh.com
By:
Marsh Canada Limited
Scott Withers
Page 2 of 2
ACCM'
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTE OF INFORMATION ONLY AND CONFERS 140 RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGEAFFORDID 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(les) must have ADDITIONAL INSURED provisions or 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 endorsoment(s).
PRODUCER
The Insurance Store
5440 Everhart Rd Suite 9
Corpus Christi, TX 78411
INSURED
CONTACT
NAME:
PHONE (361)992-6477
INC. No. Esti:
E-MAIL
ADDRESS:
IDATE (MMIDDIYYYY)
11/01/2019
theinsurancestorecc@gmaiLcom
INSURER(8) AFFORDING COVERAGE
IiAX
s C,No): (361) 9924010
INSURER A:
HNC
COVERAGES
ESR
LTR
Environmental Solutions Limited
320 WoodWard Ave
Kenmore, NY 14217
INSURER B :
INSURER C :
INSURERO: Texas Mutual
29939
INSURER E :
INSURER F :
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REVISION NUMBER
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.
F.XCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
COMMERCIAL DENERAL LIABILITY
jCLAIMS -MADE OCCUR
ADDL
INSO
`SUER
POLICY NUMBER
GEN'L AGGREGATE LIMIT APPLIES PER
R POLICY JRO- PRO•
LOC
OTHER
AUTOMOBILE LIABILITY
ANY AUTO
ONNED
AUTOS ONLY
HIRED
AUTOS ONLY
POLICY EFF
(MMIDDIYYYY)
POLICY EXP
(MMIDD/YYYY)
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea ocastoneal
LIMITS
f
f
MED EXP(Anyone ANScra
PERSONAL & ADV INJURY
GENERAL AGGREGATE
S
PRODUCTS •COMP/OP AGG
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
1_1
UMBRELLALtAB OCCUR
EXCESS LtAB
CUW1S
D
DED
1 RETENTION 5
COMBINED SINGLE UNIT
(Ea occident)
BOOZY INJURY (Pa mum
ocGde
BDOILY INJURY (Ps/ ntl
PROPERTY DAMAGE
(Per eecWent
MADE
W ORNERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
`OFFLCERRJEMBER EXCLUDED/
(MsndatoryIn NH)
qrs.descrtbs Indo
DESCRIPTION OF OPERATIONS beim
EACH OCCURRENCE
S
AGGREGATE
S
YIN
E
NIA
X
004276830
11/1/2019
11/1/2020
x
S
PER DTH.
STATUTE I I ER
E.L EACH ACCIDENT
$ 1,000,000
EL DISEASE . EA EMPLOYEE
s 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AC ORD 101, Addltlonal Rsnwks 8cfuduIs. maybe MOM/4 ff mote space Is /squired)
ONS WTP Dredging of Lagoons 5 and 6 Project number is : 19052A
13101 Leopard St
Waiver of Subrogation is included in favor of City of Corpus Christi
If policy is cancelled before expiration date a 30 day notice will be sent out to Certificate Holder
E.L DISEASE . POUCY UNIT
f 1,000,000
CERTIFICATE HOLDER
CANCELLATION
City of Corpus Christi
1201 Leopard St
Corpus Christi
TX 78401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REP
TATIVE
1-201
ACORD 26 (2016/03) Tho ACORDname and logo aro registered marks of ACORD
CORD C
RATION. AH rights reserved.
Commercial General Liability Policy
Policy Number: CTP136772310112019
ENDORSEMENT NO. 1
Additional Insured(s) - Blanket
Where Required by Written Contract
Issued to:
Issued by:
Producer:
Effective Date:
Terrapure Environmental Ltd.
AXIS Reinsurance Company (Canadian Branch)
Marsh Canada Limited - Toronto
May 1, 2019
Coverage under this policy is amended to include as additional "insured(s)" the person(s) or
organization(s) shown below, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or
omissions of those acting on your behalf in the performance of your ongoing operations or in connection
with premises owned by or rented to you.
WHERE REQUIRED BY WRITTEN CONTRACT
All other terms and conditions remain unchanged.
0-14-07
June 28, 2019
Authorized Representative Date
COLO709 AXIS Rclnsuranco Company (Canadian Branch) 1 of 1
(02110)
Commercial General Liability Policy
Policy Number. CTP163772310112019
8. Premium Computation
The Deposit Premium stated in Item 5 of the Declarations is based on estimated exposure. When
this policy expires or if it is cancelled, we will compute the earned premium based on actual exposure
and based on the Adjustment Rate(s) shown in Item 6. of the, Declarations. If the earned premium
exceeds the Deposit Premium, you must immediately pay the additional premium to us. If the earned
premium is less than the Deposit Premium, we may return the unearned portion of the Deposit
Premium to you, subject to the Minimum Retained Premium and Minimum Premium (Policy Period)
stated in Item 5 of the Declarations.
9. Separation of Insureds
Except with respect to the Limits of Liability and any rights or duties specifically assigned to the first
Named Insured, this insurance applies:
a. as if each Insured" were the only "insured"; and
b. separately to each `"insured" against whom claim is made or "suit" is brought.
10. Titles
The titles of the various sections, subsections and Endorsements, if any, of this policy are intended
solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions to
which they relate.
11. Transfer of Rights and Duties
Your rights and duties under this policy may not be transferred, except by an endorsement to this
policy issued by us. If you die or are legally declared bankrupt, then your rights and duties will be
transferred to your legal representative, but only while he or she acts within the scope of duties as
your legal representative. Until your legal representative is appointed, anyone with temporary custody
of your property will have your rights and duties, but only with respect to that property.
12. Transfer of Rights of Recovery Against Others to Us
If the "insured" has rights to recover all or part of any payment we have made under this policy,
those rights are transferred to us. The "insured" must do nothing after `loss" to impair them. At our
request, the "insured" will bring "suit" or transfer those rights to us and help us enforce them.
Any amount recovered will be apportioned in the inverse order of payment of `loss" to the extent of
actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of
respective recoveries.
If you waive any right of recovery against a specific person or organization for damages as required
under an `insured contract", we will also waive any such rights we may have against such person or
organization provided that the "bodily injury" or "property damage" occurs subsequent to the
execution of the `"insured contract".
13. When Loss is Payable
When the amount of damages is determined by an agreed settlement or on a final judgment against
an "insured" obtained after an actual trial, we will promptly pay on behalf of the "insured" the
amount of damages covered under the terms of this policy.
CGL0409 AXIS Reinsurance Company (Canadian Branch) 24 of 26
(02110)
Includes copyaghted material of Insurance Services Office. Inc. with as permission
dehumidifying, air conditioning, heating or converting power, including their connection and supply
transmission lines and pipes situated on the described "premises." .
(m) Building Damage
This Policy is extended to cover damage to that part of any building occupied by the Insured as tenant
directly resulting from theft or any attempt thereat, provided the Insured is liable for such damage, but the
Insurer's combined liability shall not exceed the amount of insurance under this policy for the "premises" at
which such loss or damage occurs.
13. PERMISSION
Permission is hereby granted:
(a) For further concurrent insurance, whether prior, coincident, or subsequent.
(b) For such use of the premises as is usual, necessary, convenient or incidental to the business of the Insured
and to keep and use all articles, materials, equipment and supplies, including gasoline and such other
materials as are prohibited by the printed conditions of the Policy, for such purposes and in such quantities
as are usual, necessary, convenient or incidental to the business of the Insured.
(c) To cease operations in, and for any individual buildings to remain vacant or unoccupied without limit of
time but the entire plant at each location not to cease operations or to be vacant or unoccupied for a period
exceeding ninety (90) days at any one time, except that, if any part of the property insured hereunder is
seasonal and/or self-sufficient in operation, permission is granted for vacancy or unoccupancy as is usual to
the operation of the property.
(d) To allow the Kitscotty Facility to remain vacant or unoccupied without limit of time.
(e) To make changes, alterations, assemblies, installation, repairs and additions, erect new structures, all
without limit of time. The insurance on the property covered under this Policy is hereby extended to said
changes, alterations, repairs and additions, and new structures, subject to all the terms and conditions of this
Policy. No reporting is required unless the values added thereby at any one location exceed the limits stated
in Section 1, Clause 3 for newly acquired property and course of construction.
(f) For existing and increased hazards and/or for any change in occupancy or use of the premises, provided
that the Named Insured shall notify the Insurer within 90 days of any such increase or change.
(g) To ship under release and/or limited bills of lading and/or shipping receipts.
14. BREACH OF CONDITIONS
Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the
loss, which breach would otherwise disentitle the Insured from recovery under this Policy, the breach shall not
disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by
the breach of condition or if the breach of condition occurred in any portion of the premises over which the
Insured has no control.
15. NO CONTROL
This Part shall not be affected by the failure of the Insured to comply with any of the warranties or conditions
appearing herein or endorsed hereon applicable to any portion of the property insured over which the Insured
has no control, or the acts of others over which the Insured has no control.
16. REINSTATEMENT
Any loss hereunder shall not reduce the amount of insurance, except with respect to any aggregate limits stated
to apply in the Declarations or in any endorsement.
17. SUBROGATION
The Insurer, upon making any payment or assuming liability therefore under this Part, shall be subrogated to all
rights of recovery of the Insured against others and may bring action in the name of the Insured to enforce such
upeostaci teo core kociak yep rlp es+aa ke rioomunts • o«vevd&Oon toasaure120t911t patsy a eneonaeneett20t9 gag property wordzrq • emended by so b mem 2018 does
22
rights. The Insurer shall have no right of subrogation against any Insured (or any parent, subsidiary, affiliated
or allied company of any tier of an Insured), nor against any person or entity in respect of which the Insured has
assumed liability under contract or agreement. Notwithstanding the foregoing, all rights of subrogation are
hereby waived against any corporation, firm, individual, or other interest with respect to which insurance is
provided by this Part. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to
provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer
and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release
from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover.
18. VERIFICATION OF VALUES
The Insurer or its duly appointed representative shall be permitted at all reasonable times during the term of this
Policy, or within a year after termination or expiration, to inspect the property insured and to examine the
Insured's books, records and such policies as relate to any property insured hereunder. Such inspection or
examination shall not waive or in any manner affect any of the terms or conditions of this Part.
19. VALUATIONS
For the purpose of calculating the total value of the property for value reporting and for loss adjustment, the
following valuation basis applies:
(a) on unfinished stock - the actual cash value of the property at the time any loss occurs, but in no event to
exceed what it would cost to repair or replace with material of like kind and quality;
(b) on finished stock - the selling price after allowance for discounts;
(c) on property of others in the custody or control of the Insured, the amount for which the Insured is liable at
the time and place of loss not exceeding the replacement cost value as defined herein, plus allowance for
labour and materials expended to such time;
(d) on tenant's improvements and records - as described in Paragraphs A (I) and (ii) and B of Section 19 of this
form;
(e) on all other property insured under this Policy and for which no more specific conditions have been set out
- the cost of repairing, replacing or reinstating (whichever is the least) with new material of like kind and
quality without deduction for depreciation. The foregoing shall be subject otherwise to all the terms,
condition, and limitations of the Policy (including any endorsements thereon) and to the following
additional provisions:
i) the repair, or replacement must be executed with due diligence and dispatch;
ii) until repair, replacement or reinstatement has been effected the amount of liability under this policy
in respect to the loss shall be limited to the actual cash value, but the Insurer's liability shall in no
event exceed the actual expenditure for repairs, replacement or reinstatement;
iii) if repair, replacement or reinstatement with material of like kind and quality is restricted or
prohibited by any bylaw, ordinance or law, any increased cost of repair, replacement or
reinstatement due thereto shall not be covered by this clause except as provided the By-laws
Extension of Coverage;
iv) any other insurance effected by or on behalf of the Insured in respect to the perils insured against by
this policy on the property to which this clause is applicable shall be upon the identical basis of
Replacement Cost as set forth herein;
v) failing compliance by the Insured with the obligations imposed by any of the foregoing provisions,
this clause shall be null and void and the valuation shall be based on the actual cash value of the
property at the time of loss;
vi) in the event that new property of like kind and quality is not obtainable, new property which is as
similar as possible to that damaged or destroyed and which is capable of performing the same
function shall be deemed to be new property of like kind and quality for the purpose of this
endorsement but in no event shall this be considered as a betterment to the Insured,
apa dpoluo :mmmoraal_ceooenr—casiadsioaraccounts • oehrovdtbon-torvapum$20M111 vacy s X12019 mg property no .smordo4 by app 10 match toted
23
VI. CANCELLATION
Cancellation
This Policy may be cancelled by the NAMED INSURED, subject to the minimum retained premium as shown on
the Declarations, by providing written notice to the Company stating when the cancellation date shall be
effective.
This Policy may only be cancelled by the Company for non-payment of premium. Cancellation will be subject to
not less than fifteen (15) days written notice to the NAMED INSURED. Proof of mailing shall be sufficient proof
of notice. The effective date and hour of cancellation stated in the notice shall be the end of the POLICY PERIOD.
VH. EXTENDED REPORTING PERIODS
Automatic EXTENDED REPORTING PERIOD
The NAMED INSURED shall be entitled to an automatic EXTENDED REPORTING PERIOD provided that:
1. the NAMED INSURED has not renewed this Policy or purchased any other insurance to replace this
insurance which applies to a CLAIM or POLLUTION CONDITION otherwise covered by this Policy; and
2. the NAMED INSURED has not purchased the optional EXTENDED REPORTING PERIOD;
3. the Policy was not cancelled for non-payment of premium.
Following the effective date of such cancellation or non -renewal of the Policy, the NAMED INSURED shall have
the right to a period of ninety (90) days in which to provide written notice to the Company of CLAIMS first made
against the INSURED or POLLUTION CONDITION DISCOVERED during the POLICY PERIOD. Such a CLAIM made or
POLLUTION CONDITION DISCOVERED and reported to the Company within the automatic EXTENDED REPORTING
PERIOD will be deemed to have been made and reported on the last day of the POUCY PERIOD, provided that
the POLLUTION CONDITION commenced before the end of the POLICY PERIOD and is otherwise covered by this
Policy. No part of the automatic EXTENDED REPORTING PERIOD shall apply if the optional EXTENDED
REPORTING PERIOD is purchased.
Optional EXTENDED REPORTING PERIOD
Upon cancellation or non -renewal of the Policy, the NAMED INSURED shall be entitled to an Optional EXTENDED
REPORTING PERIOD, provided that the Policy was not cancelled for non-payment of premium.
A CLAIM first made against the INSURED and reported to the Company within the optional EXTENDED
REPORTING PERIOD will be deemed to have been made and reported on the last day of the POLICY PERIOD,
provided that the CLAIM arises from a POLLUTION CONDITION that commenced before the end of the POLICY
PERIOD and is otherwise covered by this Policy.
The Company shall issue an endorsement providing the optional EXTENDED REPORTING PERIOD of up to thirty-
six (36) months from termination of coverage provided that the NAMED INSURED: (a) makes a written request
for such endorsement which the Company receives within thirty (30) days after termination of coverage as
defined herein; and (b) pays the additional premium when due. If that additional premium is paid when due, the
EXTENDED REPORTING PERIOD may not be cancelled, provided that all other terms and conditions of the Policy
continue to be met.
1 of 2
BERKLEY INSURANCE COMPANY FSE 01-2018
BERKLEY INSURANCE COMPANY
Attached to and forming part of Policy No. BC 03442-1801
This endorsement changes the Policy.
Please read it carefully.
Endorsement 005: ADDITIONAL INSURED ENDORSEMENT — MANUSCRIPT
FIXED SITE ENVIRONMENTAL POLICY
the Company agrees with the INSURED as follows:
Section VIII. Definitions, INSURED is deleted and replaced with:
INSURED means:
1. The NAMED INSURED;
2. The Additional Insured(s) shown on the Table of Additional Insured(s), below, but only if
named as defendant(s) in a suit along with the NAMED INSURED;
3. Any past, present or future NAMED INSURED COMPANY in which the NAMED INSURED did
or does have a fifty percent (50%) or more ownership interest; or direct/indirect
management control;
4. Any company with ownership interest in a COVERED LOCATION and for which the NAMED
INSURED has agreed in writing to be responsible for placing pollution insurance and for
which cover is not otherwise more specifically provided;
5. All lenders and mortgagees with a loan on any COVERED LOCATION, if required to be
named as an INSURED pursuant to a written contract;
6. Any past, present or future member, director, executive officer, partner, or employee of the
INSURED while acting within the scope of his or her duties as such.
For the purpose of this definition only, NAMED INSURED COMPANY means any entity, including
but not limited to any subsidiaries, partnerships (including, joint ventures, co -ventures, general
and limited partnerships, concession companies), limited liability companies, and special purpose
companies created pursuant to a joint operating agreement between the NAMED INSURED and
THE NAMED INSURED COMPANY.
Table of Additional Insured(s)
Any party, person, entity or Lender which a Named Insured is required by contract or agreement,
or prior to a loss agrees, to include under this insurance as an Additional Insured or Additional
Named Insured with respect to operations conducted by or for the Named Insured.
Nova Scotia Dept of Environment, Environmental Monitoring & Compliance
(30 Damascus Road, Bedford, NS B4A 0C1)
All other terms and conditions of this Policy remain the same.
Name of Insured:
Effective Date:
Date Issued:
REVOLUTION ACQUISITION GP INC.
MAY 01, 2018
APR. 30, 2018
1. The statements in the application and supplemental material submitted therewith are accurate and
complete;
2. Those statements are based upon representations the INSURED made to the Company; and
3. The Company has issued this Policy in reliance upon the INSURED'S representations.
Separation of Insureds
Except with respect to the LIMITS OF INSURANCE, any rights or duties specifically assigned in this Policy to the
NAMED INSURED, and the provisions in Section II. Exclusions, Knowingly Wrongful Acts, this insurance applies:
1. as if each INSURED were the only INSURED; and
2. separately to each INSURED against whom a CLAIM is made or POLLUTION CONDITION is
DISCOVERED, as applicable
Sole Agent
The NAMED INSURED shown in the Declarations shall act on behalf of, and serve as the sole agent for all
INSUREDS with respect to:
1. return or payment of any premiums or retained amounts;
2. issuance of the Policy by the Company;
3. receipt or acceptance of any endorsements; or
4. receiving of any notices from the Company.
Subrogation
In the event of any payment under this Policy by the Company, the Company shall be subrogated to all of the
rights of recovery against any person or organization, and the INSURED shall execute and deliver instruments
and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing to prejudice
such rights. Any recovery as a result of subrogation proceedings arising out of the payment of LOSS, CLEANUP
COSTS, BUSINESS INTERRUPTION COSTS, ADDITIONAL COSTS, DEFENCE COSTS, or any cost associated with
enhancement provided by endorsement covered under this Policy shall accrue first to the INSURED to the extent
of any payments in excess of the applicable LIMITS OF INSURANCE; then to the Company to the extent of its
payment under the Policy; and then to the INSURED to the extent of its SELF-INSURED RETENTION.
Expenses incurred in such subrogation proceedings shall be apportioned so that each interested party's share in
the recovery bears to the total expensed incurred.
The Company waives its right(s) of subrogation against any person or organization if, and to the extent, the
NAMED INSURED has agreed to waive its right(s) of subrogation against such person or organization in a written
contract signed by the NAMED INSURED prior to commencement of a POLLUTION CONDITION or CLAIM.
Transfer of Policy
This Policy shall be void if assigned or transferred without the Company's written consent, such consent not be
unreasonably withheld.
1 of 2
BERKLEY INSURANCE COMPANY FSE 01-2018