HomeMy WebLinkAboutC2021-143 - 6/8/2021 - Approved DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
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SERVICE AGREEMENT NO. 3678
HARBOR BRIDGE DECORATIVE LIGHT REMOVAL
''aawro�at�v
1852
THIS Harbor Bridge Decorative Light Removal Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Pfeiffer and Son, LTD, by and through its general partner, CL
Pfeiffer, LLC ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Harbor Bridge Decorative Light Removal Services
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
2. Term. The term of this Agreement is six months with the period of performance laid
out in Attachment A.
3. Compensation and Payment. Regardless of any language to the contrary in the
Contractor's Quote, this Agreement is for an amount not to exceed $448,725.00.
Any additional charges must be approved in writing in accordance with Section
14 of this Agreement. Payment will be made for Services after they are completed
and accepted by the City within 30 days of acceptance, subject to receipt of an
acceptable invoice. All pricing must be in accordance with the attached
Contractor's Quote, as shown in Attachment B, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Service Agreement- Harbor Bridge Light Removal Page 1 of 7
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
Frank De Los Santos
Information Technology
FrankDMcctexas.com
Phone: 361-826-3047
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator. The
certificate of insurance must be provide on the State's Form 1560 Certificate of
Insurance and comply with all requirements of the Texas Department of
Transportation for these Services. The insurance requirements are as laid out in the
State's Form 1560 Certificate of Insurance, a copy of which is attached here to as
Attachment C and incorporated by reference.
(B) Before performance can begin under this Agreement, Contractor must
furnish Performance and Payment Bonds, each in an amount equal to the
Contract Price, as security for the faithful performance and payment of
Contractor's obligations under the Contract Documents. These Bonds are to
remain in effect until 1 year after the date of final payment. Bonds furnished by
the Contractor must meet the requirements of Texas Insurance Code Chapter
3503, Texas Government Code Chapter 2253, and all other applicable Laws and
Regulations and must be in a format approved by the City Attorney. The City's
approved form for the Performance and Payment Bonds is attached hereto as
Attachment D and incorporated by reference.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Inclement Weather Lost Days. City and Contractor anticipate the possibility of two
inclement weather lost days that could delay the Contractor's work on the
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DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
Project. Those two days are included in the quoted price laid out in Attachment
B, and not subject to an additional charge even if the number of actual inclement
weather lost days exceeds two. The Parties understand that an amendment, in
accordance with Section 14, will be necessary to allow additional payment for
any cited inclement weather lost days beyond the two allotted here. No day may
be considered an inclement weather lost day unless the amount of rain measured
by the National Weather Service at the Power Street Stormwater Pump Station is
0.50 inch or greater.
9. Warranty.
(A) Contractor warrants that all Services will be performed in accordance with the
standard of care used by similarly situated contractors performing similar services.
(B) Contractor warrants and guarantees to City that Services are performed in
accordance with Attachment A and are not Defective. Contractor assumes and
bears responsibility for costs and time delays associated with variations from the
requirements of Attachment A.
(C) Contractor agrees that City does not supervise, direct, or have control or
authority over, and is not responsible for Contractor's means, methods,
techniques, sequences, procedures, safety precautions and programs, or for
failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Services. Contractor is responsible for protecting the safety
and welfare of persons when performing the Services and must comply with latest
provisions of the Occupational Safety and Health Administration and other Laws
and Regulations.
10. Prevailing Wage Rates. Contractor and any subcontractors employed on this
Project shall pay not less than the rates established by the City as required by Texas
Government Code Chapter 2258. The prevailing wage rates are as laid out in the
Wage Rate Decision attached hereto as Attachment E, which is incorporated by
reference as if laid out herein in its entirety. Contractor and its subcontractors are
required to pay laborers and mechanics an overtime rate of not less than one
and one-half times the basic rate for all hours worked in excess of forty hours in a
given workweek.
11. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
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DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
12. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
13. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept resell services performed by a subcontractor that was not approved in
accordance with this paragraph.
14. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
15. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
16. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
17. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Name
Title
Address
Phone:
Fax:
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DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
IF TO CONTRACTOR:
Company Name
Attn: Name
Title
Address
Phone:
Fax:
18. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
19. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
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DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
20. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
21. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
22. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
23. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
24. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments);
B. its attachments (excluding the Contractor's quote, which is attached
Attachment B); then
C. Attachment B.
25. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
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DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
27. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
28. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement- Harbor Bridge Light Removal Page 7 of 7
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
CONTRACTOR
DocuSiig^ned,,bby:
V y
Signature:E�-
Charlie Pfeiffer
Printed Name:
Title:
Manager of CL PFEIFFER LLC, General Prtnr.
Date: 6/9/2021
Res. 032457
Authorized By
Cb�igQfbyCORPUS CHRISTI
444�4� Council 06/08/2021
Peter Collins
DS
Director of Information Technology Er��5�
Date: 6/10/2021
APfROVFD AS TO LEGAL FORM:
ocuSignedrr"-y � �
Qlv�t,t aU� — C.� 6/10/2021 () ned by:
FO%BF_+ $BB —
Assistant City Attorney Date 37A77B20D51947D...
Rebecca Huerta
Attached and Incorporated by Reference: City Secretary
Attachment A: Scope of Work
Attachment B: Contractor's Quote
Attachment C: Insurance Requirements
Attachment D: Bond Templates
Attachment E: Wage Rate Determination
Service Agreement- Harbor Bridge Light Removal Page 8 of 7
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
ATTACHMENT A: SCOPE OF WORK
I. Contractor shall remove the existing Harbor Bridge decorative lighting system
including all lights, conduit, wire, fiber, boxes, and Unistrut support / hardware.
II. Contractor will coordinate with utility company to disconnect the existing
service and remove all electrical components.
III. Contractor will provide traffic control on and around the bridge as required to
safely and timely complete the work.
IV. Contractor shall begin the work within 10 calendar days following receipt of a
Notice to Proceed on this project and complete all work within 90 calendar days,
after beginning the work.
Service Agreement- Attachment A Page 1 of 1
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
ATTACHMENT B: CONTRACTOR'S QUOTE
�F ' • SON, LTI�
Electrical & 'Telecontinunicatiori Contractors
Max 12,2021
RE:Harbor Br-tdge Lighting;Equipment Support Complete Removal 10 Week Mobilization
We are pleased to offer fbi-your consideration the lblowing quote ror tire proposed bridge lighting emergency fighting
yejnoNr,j.We propose to provide all labor,and equipment needed to complete this work for a not to exceed
$448,725M.This Mobilization lncludcu the following:
I) Pleiffer'sscope includes removing all bridge lighting matenat including all fights,conduih,wire,fiber,boxes,and
I finston supports/hardware.We will start ort the north side offire,bridge and work our way to the south
completely derriollig all existing fighting components.
i) We will coordinate with utility company to disconnect the existing service and removal all electrical
components.
ri) This quote includes the ten-loval ol'all existing fighting,electrical and data equipment on the I farbor
Bridge.
2) Flus quote includes the tbllowing,
L One 180'inan till for 24 days includes delivery and pick.urn
2. Oreo 135'inan till lot 24 days itielodos dCliVQrvand pick lip,
3. Two 80'inan tiff for 36 days includes,delivciy and pick up.
4. Single lane closure per fXD01'requirenients for an estimated 32 days.
5. Saturday double lane closuic per I'XI)OTlrequiroinents for and estimated 4 da,"-,
(. Crane rental with roan basket for an esfirrialed 4 days.
7. Eight 40 Yard Roll Off Containers,for waste removed including all fixtures,existing conduit,boles,and light
supports.
3) Scope includes driving tip on a Sunday,receiving tire lifts and roll olfcontainei on Monday morning,start
removing existing fixtures,boxes,Winkfit.electrical cabler fiber,and Unistrut/hardware.ilien returning the lifts
on the hjud day of work and driving back to La forte.
4) Our work seliedulc includes 4 workerns startling work at 6 Ain to 5 Pin Monday-Saturday lot ipproxiniatoly(i0
working days.Approximately 2,400-trian hours plus Per Dicin,travel firue,and lodging
To avoid confusion,we offer the following clarifications:
I, Aerial uran till is included per the above.
2. This proposal does include traffic control on(lie bridge as required.
3. The previous quote is based upon information provided by the customer. If the actual conditions or requirements
deviate from the providQd inkmination this quotc,ruoy have it)be re-ovaloalod and re-priced
4. Insurance coverage is at out,standard levels.
If you have an),questions or need additional information,please IM free to contact nic at(281)471-4222.
Sincerely,
4/"Jf rob�
Andy Yoder
PHONE:(281)471-4222*FAX:(281)471-6856
P.0,BOX 1116* 116 N, 16"11 STREET
LA PORTE,TEXAS 77572
RC,�,'Uksed by ffie'FexasDeparmicnt ofl,icerisung and Reguhttn
�o
PO Box M57.AusfinjX 7871 ll,(800)03-92(926 012)463-6599
www.Tice nw.state,khans
Adopted Adminisirafive Rules:73 51Q)Flectmeal Cc)ntlractom Responsibilities
Service Agreement- Attachment B Page 1 of 2
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
S
wr-%F1-uE.JFFER&4� ONjo LT"Y—% *
Electrical & Telecorunjuinicationi Contractors
Bid Date: "12,2021
Project Name Harbor Bridge LightIng and Appufteiriances Removal
sov
ITEM# DESCRIPTION UNIT PTY. UNIIT$ TOTAL
1 MobMizaboin Memobihzation 11 LS, 11$ 10,01010,010 $ 10,101010,0101
2 E quIpm erd 6,1nduding Rental Equipm entf-riell,IP feftr E quipmeird,Cirane 1 LS $ 1611,050-010 !$ '16 1,050,00
Services,and%aate removal)
3 TrAffic Control(Induibing Signal and double lane cliasures astectuIred per 11 LS $ 49,010000 !$ 49,000,00
TX00T q7edficAjons)
4 Lod-Ong 1 LS $ 65,2510010 11$ 65,250,00
5 Lab or 0 nirki diing Per 0l em and T rav 0 T!m e) I LS $ '163,4 25.010 1 J$ '163,42'5.010,
TO TAIL
I ndi,em ent We a ther Loot Da yC Cast
ds P ei D a y I f I!ncle mi ent Weath er Lol Drays 11 PD $ 5,000.010
E xceeT vo 0 a Vs I
We appreciate this,opportunty to quote on this project. If ynu heave any queshom or need addihonal
clarifications, please call) Us at (281)471-4222.
Sincerely,,
Andy Yoder
PHONE-1(281),471-4222*FAX-(2811)471-6856
P,01 BOX 11116*116 N 16,TH,ST,
LA PORTE,TEXAS 77572
REGULATED BY THE TEXAS DEPARTMENT OF L.110ENSING AND REG 3ULATION
CONTRAC TOR`S�LICENSE#1:82,59
P.Q.BOX 12157'AUSTIN,7X76711 I
(8'Q1B03-9209'(517)463,6FA9'IfttPJfiwwwAdr,texa;,g0V1
ADOPTED ADMrIJISTRATIVE RULES:73.510 ELEC'IR IICAL C ON1R.AC TORS"RESPON SIBILITIES
Rage 1 of I
Service Agreement— Attachment B Page 2 of 2
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
ATTACHMENT C: INSURANCE REQUIREMENTS
Form
(Rev.81181
CERTIFICATE OF INSURANCE Previous editions of this form may no,be used
"age 1 of
Agents should complete this form by providing all requested information,then either email,fax,or mail this form as noted at the bottom of page two. Copies of endorsements
listed below are not required as attachments to this certificate.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not confer any rights or obligations other than the
rights and obligations conveyed by the policies referenced on this certificate.The terms of the policies referenced in this certificate control over the terms of the certificate.
I nsured:
Street/Mailing Address:
City/State/Zip:
Phone Number ( )
WORKERS'COMPENSATION INSURANCE COVERAGE:
Endorsed with a Waiver of Subrogation in favor of TXDOT
Carrier Name: Carrier Phone#.
Address: City,State,Zip:
Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability:
Workers'Compensation Not Less Than: Statutory-Texas
COMMERCIAL GENERAL LIABILITY INSURANCE:
mmmmmmmmmmmmmm mmmmmmmmmmmmmm m������������������
Carrier Name: Carrier Phone#:
Address: City,State,Zip:
Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability:
Commercial General Not Less Than:
Liability Insurance $600,000 each occurrence
BUSINESS AUTOMOBILE POLICY:
Carrier Name: Carrier Phone#:
Address: City,State,Zip:
Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability:
Business Automobile Policy Not Less Than:
$600,000 combined single limit
UMBRELLA POLICY(if applicable):
Carrier Name: Carrier Phone#.
Address: City,State,Zip:
Type of Insurance: Policy Number: EffectiveDate: Expiration Date: Limits of Liability:
Umbrella Policy
1
Should any ofthe above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions.
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force
and effect. If this form is sent by facsimile machine(fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the
signature produced by the receiving fax machine as the sender's original signature.
Agency Name Address City, State, Zip Code
Authorized Agent's Phone Number Authorized Agent Original Signature Date
The Texas Department of Transportation maintains the information collected through this form. With few exceptions,you are entitled on request to be
informed about the information that we collect about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive
and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect.
Service Agreement- Attachment C Page 1 of 2
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
form 1560 (Rev.8118)
Page 2 of 2
NOTES TO AGENTS:
Agents must provide all requested information then either email, fax, or mail this form as noted below.
Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount
on an Acord Form.
To avoid work suspension, an updated insurance form must reach the address listed below one business day
prior to the expiration date. Insurance must be in force in order to perform any work.
Binder numbers are not acceptable for policy numbers.
The certificate of insurance, once on file with the department, is adequate for subsequent department contracts
provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form.
List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff
leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured
and show the contractor/client company in parenthesis.
The Texas Department of Insurance (TDI) approved forms are the only acceptable proof of insurance for department
contracts.The preferred Certificate of Insurance(COI) is on a 1560 or Acord form.
Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the
provisions of the certificate in any manner.
DO NOT COMPLETE THIS FORM UNLESS THE WORKERS'COMPENSATION POLICY IS ENDORSED WITH A
WAIVER OF SUBROGATION IN FAVOR OF TXDOT.
The SIGNATURE of the agent is required.
CERTIFICATE OF INSURANCE REQUIREMENTS:
WORKERS'COMPENSATION INSURANCE:
The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including
relatives.
The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas
Workers'Compensation Law.
GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers'Compensation.
COMMERCIAL GENERAL LIABILITY INSURANCE:
MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive
General Liability Insurance or Commercial General Liability Insurance.
BUSINESS AUTOMOBILE POLICY:
If coverages are specified separately,they must be at least these amounts:
Bodily Injury $500,000 each occurrence
$100,000 each occurrence
Property Damage $100,000 for aggregate
PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy.
Completed forms may be submitted by any of the following methods:
Email: CST_Insurance@txdot.gov
Fax: (512)416-2536
Mail: Texas Department of Transportation
CST—Contract Processing
125 E. 11th Street
Austin, TX 78701-2483
Service Agreement- Attachment C Page 2 of 2
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
ATTACHMENT D: BOND TEMPLATES
PERFORMANCE BOND BOND NO.
Contractor as Principal Surety
Name: Name:
Mailing address (principal place of business): Mailing address (principal place of business):
Physical address (principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address (principal place of business):
Engineering Services Surety is a corporation organized and existing
1201 Leopard Street, 3rd Floor under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its authority
to do business in the State of Texas and its license
Contract to execute bonds in the State of Texas.
Project name and number: Telephone (main number):
Telephone (for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price:
Bond Telephone:
E-Mail Address:
Date of Bond: The address of the surety company to which any
(Date of Bond cannot be earlier than Award Date of notice of claim should be sent may be obtained
the Contract) from the Texas Dept. of Insurance by calling the
following toll-free number.1-800-252-3439
Service Agreement— Attachment D Page 1 of 4
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
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 Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
Service Agreement— Attachment D Page 2 of 4
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
PAYMENT BOND BOND NO.
Contractor as Principal Surety
Name: Name:
Mailing address (principal place of business): Mailing address (principal place of business):
Physical address (principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address (principal place of business):
Engineering Services Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its authority
to do business in the State of Texas and its license
Contract to execute bonds in the State of Texas.
Project name and number: Telephone (main number):
Telephone (for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price:
Bond Telephone:
E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date The address of the surety company to which any
of Contract) 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
Service Agreement— Attachment D Page 3 of 4
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
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 Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
Service Agreement— Attachment D Page 4 of 4
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
ATTACHMENT E: WAGE RATE DETERMINATION
"General Decision Number: TX20210029 01/01/2021
Superseded General Decision Number: TX20200029
State: Texas
Construction Type: Highway
Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio
Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects &railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Under Executive Order(EO) 13658, an hourly minimum wage
of$10.95 for calendar year 2021 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 EO, the contractor must pay
all workers in any classification listed on this wage
determination at least$10.95 per hour(or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Service Agreement- Attachment E Page 1 of 5
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
Modification Number Publication Date
0 01/01/2021
* SUTX2011-010 08/08/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures)...$ 12.64
FORM BUILDER/FORM SETTER
Paving & Curb...............$ 10.69
Structures..................$ 13.61
LABORER
Asphalt Raker...............$ 11.67
Flagger.....................$ 8.81
Laborer, Common.............$ 10.25
Laborer, Utility............$ 11.23
Pipelayer...................$ 11.17
Work Zone Barricade
Servicer....................$ 11.51
PAINTER (Structures).............$ 21.29
POWER EQUIPMENT OPERATOR:
Asphalt Distributor.........$ 14.25
Asphalt Paving Machine......$ 13.44
Mechanic....................$ 17.00
Motor Grader, Fine Grade....$ 17.74
Motor Grader, Rough.........$ 16.85
TRUCK DRIVER
Lowboy-Float................$ 16.62
Single Axle.................$ 11.61
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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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 EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
Service Agreement- Attachment E Page 2 of 5
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
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)).
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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
Service Agreement- Attachment E Page 3 of 5
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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.
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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
Service Agreement- Attachment E Page 4 of 5
DocuSign Envelope ID:2E6733B1-989E-4D6D-816A-F0919DACAFAA
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.
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END OF GENERAL DECISION"
Service Agreement- Attachment E Page 5 of 5