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HomeMy WebLinkAbout128 Southland St. DemolitionPre-Bid Agenda October 29, 2015 ITB 16-021 Demolition of 128 Southland Street I. Introductions City Staff -Josie Urrutia, Asst Buyer Project Manager: Venessa Garza, Greenways Program Manager (Planning & Dev Serv Dept) II. Location and Description of Project This project consists of demolition, removal, disposal, and final site grading of a single family residence located at 128 Southland Street, College Station, TX. Structure is a 1,139 sf house, wood frame construction on concrete foundation. III. Review Deadlines Pre-bid Meeting-Thursday, October 29, 2015 at 2:00 p.m. (non-mandatory meeting) Q&A -Tuesday, November 3, 2015 at 2:00 p.m. Bid Opening -Friday, November 6, 2015 at 2:00p.m. IV. OnLine Bidding System Q&A -Tuesday, November 3, 2015 at 2:00 p.m. All question & inquiries need to be submitted online at https://brazosbid.cstx.gov only questions answered by a formal written Addendum will be binding. Addendum -Currently no addendums have been released. Acknowledgement will need to be made at time of bid submitted. On the Bid Summary proposal form. V. Forms to be completed by Contractor at time of bid: 1) Bid Proposal/Summary Form. Number of days for completion -30 consecutive calendar days from date to commence. 2) General/Sub Contractor Experience 3) References 4) Certification of Bid 5) Addendum(s) Acknowledgment if any have been released. VI. Review, Discuss Specifications -Venessa Garza VII. Questions VIII. Site Visit -to follow after pre-bid CITY OF Coa.EGE STATION Hame aJ7i= A&M Univmi<y" ' City of College Station Accounting Division PO Box 9973 College Station, TX 77842-9973 (979) 764-3569 Fax: (979) 764-3899 Vendor! nvoiceEntry@cstx.gov BILLINGSLY HOUSE MOVING INC 12406 TWIN CREEK PARK DR MANCHACA TX 78652 BILLINGSLY HOUSE MOVING INC 12406 TWIN CREEK PARK DR MANCHACA TX 78652 Demolition of 128 Southland Street: Demolition, Removal, Disposal and Final Site Grading of Single Family Residence 39129971 -6562 $7,257.00 Prices, terms, conditions and specifications of Contract No. 16300086 shall apply to this purchase. CM approved 12-14-15 l Josie Urrutia Y~~~~~~-=-===--=-=-.=..==='--~~~~~ Purchase Order Fiscal Year 2016 Page 1 of 1 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. PLANNING & DEVELOPMENT SERVICE PO Box 9960 1101 Texas Ave S College Station TX 77842 7257.00 EACH $1 .000 $7,257.00 Buyer VENDOR COPY $7,257.00 $7 257.00 Date: To: From: Re: CITY OF Col.LEGE STATION Home of Texas A&M University• 1101 Texas Ave* College Station, TX 77842 * (979) 764-3555 www.cstx.gov ADDENDUM#! BID# 16-021 November 3, 2015 All Interested Parties Josie Unutia, Assistant Buyer Bid# 16-021, Demolition of 128 Southland Street Residence The following additions, deletions or clarifications to Bid # 16-021 are hereby made a part of the Bid Documents for the above referenced project as fully and as completely as though the same were included therein. Vendor Submitted Questions, Answers Follow: Q 1. Has there been an asbestos survey? Al. An asbestos survey was not completed. Clarification is provided by the Texas Department of State Health Services (DSHS) as outlined in the attached document. As referenced in the Texas Administrative Code, private residences are excluded from coverage by the rules related to Texas asbestos health protection where no more than one small residential building is demolished by the municipality within 660 feet of each other. The City of College Station has not demolished any buildings within 660 feet of this residential building. Q2. Will hydro seeding be required? A2. No, but the disturbed area shall be seeded. The result shall be establishment of a protective vegetative cover capable of resisting the erosive effects of surface flow. Q3. Will a silt fence be required? A3. Yes, until the grass is established. Page 1of1 Q4. Will the existing fence need to be removed? A4. The fence parallel to the street slJal/ be removed. The fence perpendicular to the street and adjoining the residential property to the west shall remain. Please acknowledge receipt of this addendum with signature and date and return with completed bid. Failure to do so may cause your Bid to be considered non-responsive. of this Adlkndum No. 1 is he,eby acknowkdged 13J?L!N,sLEt H1uts€ MPVIN6' Company Name Page2of2 Department of State Health Services PSQA-ASBOOl Issue Date: May 17, 2007 Clarification on the Demolition of Small Residential Buildings by Municipalities Background: The Department of State Health Services (DSHS) has received numerous inquiries from municipalities about the applicability of the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) to the demolition of safety hazard/nuisance residential buildings having four or fewer dwelling units (small residential buildings) on the same site. EPA has provided guidance in the Determination Index (Control Number A960022) dated June 11, 1996, as follows: "EPA believes that the residential buildings exemption does not apply where multiple (more than one) small residential buildings on the same site are demolished or renovated by the same owner or operator ... " The term "site" is not defined in the regulation and EPA does not intend to provide any determination of the boundaries of a "site." EPA further adds that a "site" is comparable to a "city block" and where a city block cannot be defined, the "site" should be considered to be an area comparable in size to a city block. Clarification: EPA has delegated the inspection and enforcement authority for the Asbestos NESHAP to the Texas Department of State Health Services (DSHS) and with this authority EPA has granted DSHS the ability to interpret areas of the NESHAP that EPA has allowed latitude. In order to be consistent throughout the state, and to ensure equal fairness with inspection and compliance, DSHS has determined that a "site" is the size of a "city block." To determine the size of a city block, research was conducted to compare definitions of a block and sizes of city blocks in various cities around the nation. The best definition found was from the City of Chicago, where a city block is 118 of a mile or 8 blocks equals a mile. For ease of measurement, DSHS will assume that the blocks are square. One mile is 5,280 feet and 1/8 of a mile is 660 feet, and therefore a "city block" for NESHAP purposes will be defined as 660 feet by 660. If more than one small residential building is demolished by the municipality and any part of the buildings are within 660 feet of each other, the NESHAP regulations will apply. The NESHAP regulations do not allow for circumvention, therefore all small residential buildings that are demolished by the municipality in a calendar year (January 1 to December 31) that are within 660 feet of another small residential building previously demolished by the municipality in the same calendar year are subject to the NESHAP. Measurement must be conducted from the area of the property where the small residential building once stood. Determination of distance will be allowed from scaled maps of the area, but actual field measurements will be used to resolve any disputes over distance. For additional information, please contact the PSQA-Environmental Health Group at (512) 834-6773, by fax at (512) 834-6707, or visit our website at: http://www.dshs.state.tx.us/asbestosldefault.shtm BID DOCUMENTS FOR Demolition of 128 Southland Street CITY OF COILEGE STATION Home of Texas A&M University• BID NO. 16-021 PROJECT NO. SD9903 DUE DATE: FRIDAY, NOVEMBER 6, 2015@ 2:00 P.M. City of College Station, Texas Purchasing Division -City Hall PO Box 9960 1101 Texas Avenue College Station, Texas 77842 979-764-3555 www.cstx.gov TABLE OF CONTENTS INSTRUCTION TO BIDDERS CONTRACTOR'S PROPOSAL CONTRACTOR DATA SHEET CERTIFICATION STANDARD FORM OF AGREEMENT FOR CONSTRUCTION SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS ITB 16-021 Page 2 of 21 Demolition of 128 Southland Street INSTRUCTION TO BIDDERS ITB 16-021 Page 3 of 21 Demolition of 128 Southland Street INSTRUCTIONS TO BIDDERS 1.0 NOTICE Sealed bids addressed to the City of College Station -Purchasing Division will be received for: Demolition of 128 Southland Street Bid Number 16-021 Project No. SD9903 until 2:00 P.M., Friday, November 6, 2015 after which time all qualified bids will be opened and read. Bids received after that time will be returned unopened. Questions and inquiries about this bid shall be submitted in writing via the Q&A feature available through the Online Bidding System at https://brazosbid.cstx.gov/ . The deadline for submitting written requests for clarification is Tuesday, November 3, 2015@ 2:00 PM. LOCATION AND DESCRIPTION OF PROJECT This project consists of demolition, removal, disposal, and final site grading of a single family residence located at 128 Southland Street, College Station, TX. Structure is an 1139 sf house, wood frame construction on concrete foundation. A pre-bid Meeting will be held at 1101 Texas Avenue, City Hall, second floor conference room at 2:00 P.M. on Thursday, October 29, 2015. This meeting is not mandatory, but attendance is highly recommended. A site visit will be provided after. COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City's website at https://brazosbid.cstx.gov. Sealed bids shall be clearly marked with the bid number and title and addressed to the City of College Station -Purchasing Division. Bids shall be delivered using one of the following methods: Hand-deliver to: 1101 Texas A venue College Station, Texas 77840 ITB 16-021 Demolition of 128 Southland Street Mail to: PO Box 9960 College Station, Texas 77842 END OF NOTICE Ship to (FedEx, UPS, DHL, etc.): 310 Krenek Tap Road College Station, Texas 77840 Page 4 of 21 2.0 DEFINITION OF TERMS In order to simplify the language throughout this bid, the following definitions and those defined in the Contract Documents shall apply: BIDDER -A contractor who submits a Bid directly to the City. BIDDING DOCUMENTS -the Advertisement, Instructions to Bidders, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids). CITY OF COLLEGE STATION -Same as City. CONTRACT -An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. CONTRACTOR -The successful Bidder(s) of this bid request. CITY -The government of the City of College Station, Texas. SUB-CONTRACTOR -Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. SUCCESSFUL BIDDER -the lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of the City's evaluation as hereinafter provided) makes an award. SUPPLIER -Same as Contractor. 3.0 COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City's website at https://brazosbid.cstx.gov . Complete sets of Bidding Documents must be used in preparing Bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4.0 PREBID CONFERENCE A non-mandatory pre-bid Meeting will be held at 2:00 P.M. on Thursday, October 29, 2015 at City Hall, second floor conference room. 1101 Texas Avenue, College Station, Texas 77842. Representatives of the Owner and Engineer will be present to discuss the project. Bidders are highly encouraged to attend and participate in the conference. Owner's Representative will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the conference. 5.0 GENERAL BID PROVISIONS a. The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions. b. The term "Owner" as used throughout these documents will mean The City of College Station, Texas. c. Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal. ITB 16-021 Page 5 of 21 Demolition of 128 Southland Street d. Formal advertised bids indicate date and time by which the bids must be received in the Purchasing division. Bids received after that time will be returned unopened to the bidder. e. The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. f. Bidders may request withdrawal of a posted sealed proposal prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing. Owner reserves the right to reject any and all bids by reason of this request. g. In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the former will take precedence. h. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner's employees, unless such clarification of change is provided to bidders in written addendum form from the Purchasing Division. i. All bids will be awarded to the lowest responsible bidder. The determination of the lowest responsible bidder may involve all or some of the following factors: price, conformity to specifications, fmancial ability to perform the contract, previous performance, facilities and equipment, availability of repair parts, qualifications and experience, delivery promise, payment terms, compatibility as required, other costs, and other objectives and accountable factors which are reasonable. J. Owner may give an environmental preference to products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service; k. Bidders may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among proposers; 5) Omission of a certified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of bid form; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) Unsatisfactory performance; or 9) Failure to complete projects. Owner reserved the right to waive any minor informality or irregularity. 1. Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words "or equal." m. Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the bidder's expense. ITB 16-021 Page 6 of 21 Demolition of 128 Southland Street n. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any sureties. o. Contractor must provide audited financial statements, if requested, to the City. p. Prices should be itemized. Unit prices shall be set to no more than four ( 4) decimal places. The Owner reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail. q. No freight or delivery charges will be accepted unless shown on bid. r. Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later. s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes. t. All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas will govern as to the interpretation, validity, and effect of this bid, its award and any contract entered into. u. The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract. v. Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular bid solicitation or request. w. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. x. If unable to bid, please sign and return this form by return mail, advising reason for not submitting quotation. 6.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of City's request, written evidence, such as fmancial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain evidence of the Bidder's qualifications to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. In determining a bidder's qualifications, the following factors will be considered: A. Work previously completed by the bidder and whether the bidder: a. maintains a permanent place of business, b. has adequate plant and equipment to do the work properly and expeditiously, c. has paid or settled all claims for payment promptly, d. has appropriate technical experience, ITB 16-021 Page 7 of 21 Demolition of 128 Southland Street e. has job references for work of similar size and scope to the project bid herein; and f. satisfactory performance and completion of public, or comparable, projects. B. The safety record of the Bidder, of the corporation, partnership, or institution represented by the Bidder, or of any one acting for such firm, corporation, or partnership. Each Bidder may be required to show that he has properly completed similar type work and that no claims are now pending against such work. No bid will be accepted from any bidder who is engaged in any work that would impair his ability to fully execute, perform or finance this work. The General/Sub-Contractors Experience Data Sheet following the proposal must be filled out and submitted with the bid for consideration. Failure to include a completed Data Sheet may result in the rejection of the bid. 7.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder before submitting a Bid, to: a. examine the Contract Documents thoroughly, b. visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c. consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d. study and carefully correlate Bidder's observations with the Contract Documents, and e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract Documents. f. visit with local utilities, including cable companies, and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof. C. Before submitting a Bid each Bidder will be responsible to make or obtain such explorations, at bidders expense and not to be added into cost of bid if accepted (tests and data concerning physical conditions -surface, subsurface and underground facilities -at or contiguous to the site, or otherwise) which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. D. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. E. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for ITB 16-021 Page 8 of 21 Demolition of 128 Southland Street temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provide by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work in accordance with the Standard Form Of Agreement, paragraph 35 Permits and Licenses. F. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents. 8.0 INTERPRETATIONS and ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the City Purchasing Department. Interpretations or clarification considered necessary by Owner's Representative in response to such questions will be issued by Addenda and mailed or otherwise delivered to all parties recorded by Owner's Representative as having received the Bidding Documents. Questions received less than 48 hours prior to opening of Bids will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City. To properly qualify his bid, each Bidder shall, prior to filing his Bid, check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or on a separate attachment to the bid. Bids without such acknowledgment of all issued Addenda and letters of clarification may cause your bid to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly. 9.0 CONTRACT TIME The times for Substantial Completion and Final Completion are set forth in the Special Provisions and will be included in the Agreement. It will be necessary for the Successful Bidder to satisfy City of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Special Provisions. 10.0 SUBSTITUTE OR "OR EQUAL" ITEMS The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner's Representative at least seventy-two (72) hours prior to the date for receipt of Bids or until after the contract for the work has been signed. Each such ITB 16-021 Page 9 of 21 Demolition of 128 Southland Street request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of bids, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 11.0 BID FORM The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Purchasing Department, City of College Station, 1101 Texas Avenue, College Station, Texas 77842. All blanks on the Bid Form must be completed in ink or by typewriter. Unfilled blanks may result in the bid being disqualified. Bids by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature. All names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda. The numbers and dates of which must be filled in on the Bid Form or on a separate attachment to the Bid. The address and telephone number( s) for communication regarding the Bid must be shown. All of the data on the GENERAL/SUB-CONTRACTORS EXPERIENCE AND DATA INFORMATION sheet must be completely filled in. 12.0 SUBMISSION OF BIDS A Bid shall be submitted at the time and place indicated in the Advertisement. It shall be enclosed in an opaque sealed envelope, marked with the project title, name and address of the Bidder. The Bid shall be accompanied by all required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Each Bidder should, prior to filing his Bid check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Bid proposal. ITB 16-021 Page 10 of21 Demolition of 128 Southland Street 13.0 MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If prior to the award of the contract by the City Manager, any Bidder files a duly signed, written notice with Owner's Representative and promptly thereafter demonstrates to the reasonable satisfaction of Owner's Representative that there was a material mistake in the preparation of his Bid, that Bidder may withdraw his Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14.0 OPENING OF BIDS Properly prepared Bids will be opened publicly and read aloud. A summary of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. A tabulation of the Bids which are read will be available upon request as soon as it has been assembled and verified. Bids received after the specified time of the opening will be returned unopened. 15.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance, for 90 days after the date of the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. 16.0 AW ARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and irregularities not involving price, time or changes in the Work and to disregard all non- conforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish ITS 16-021 Page 11 of 21 Demolition of 128 Southland Street the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 90 days after the day of the Bid opening. 17.0 SIGNING OF AGREEMENT The Successful Bidder shall execute the Contract and provide proof of insurance as detailed in the Standard Form of Agreement based on Staff recommendation prior to City Manager action. A fully executed contract will be presented to Successful Bidder with a City of College Station Purchase Order. 18.0 PERSONAL INTEREST College Station City Charter Article XII: General Provision; Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. ****************************************************************************** Report Fraudulent Activity The City of College Station is committed to deterring fraud and maintaining integrity throughout our organization. Our City Auditor's Office has established a Fraud Hotline to anonymously report what is believed to be unethical behavior by calling (877) 874-8416 or by submitting a report online at www.cstx.alertline.com . The City of College Station's Fraud Hotline extends only to City of College Station municipal government programs or operations. Any activity involving private business or other non-municipal governmental agencies should be reported to the appropriate authorities. ****************************************************************************** ITB 16-021 Page 12 of 21 Demolition of 128 Southland Street CONTRACTOR'S PROPOSAL ITB 16-021 Page 13 of 21 Demolition of 128 Southland Street CONTRACTOR'S PROPOSAL Demolition of 128 Southland Street: BID SUMMARY -BID NO. 16-021 - Demolition, removal, disposal, and final site grading of single family residence. s 72,.~]. OD Sf-V(!fl -fnovsa11tl -fwo (jj'l&l ' hundr-td -ff.Ply 5<..V<.rJ Total Bid Amount: s 72Cr; oo Contractor bas Thirty (30) consecutive calendar days, after issuance of the Notice_ to Proceed, to commence with demolition. All demolition activities must be completed within five (5) working days of commencement. Number of Addenda is hereby acknowledged ITB 16-021 Page 14 of21 Demolition of 128 Southland Street CONTRACTOR DATA SHEET ITB 16-021 Page 15 of 21 Demolition of 128 Southland Street GENERAL/SUB-CONTRACTOR'S EXPERIENCE AND DATA INFORMATION Name of Company: 'Bi II i kl. ~.st e:J th use Mllv I~ In l. ., Company Years in Business: ---"'/:--""'D__...fj€~U-.._$'«----------­ List Municipal Projects • (Similar Projects in Size and Scope Completed in Last Five Years) Superintendent & Project Manager Information Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager Superintendent Years Experience Projects Project Manager Years Experience Projects ITB 16-021 Page 16 of 21 Demolition of 128 Southland Street l. 2. 3. 4. 5. References: Name 5 projects of similar work, giving owner's name, representative's name, project engineers name, and telephone numbers for each ITB 16-021 Page 17 of21 DemoliHon of 128 Southland Street Business References for Billingsley House Moving Inc. Kurt Smith, Real Estate Investor Austin, TX Email: monaaguilar1025@gmail.com Cell: 512-699-4833 Monica Aguilar 512-296-9561 · Kyle Burow, E.l.T. City of Kerrville Kerrville, TX Email: kyle.burow@kerrvilletx.gov Cell:830-258-1910 Clinton Butts, Lake Engineering Austin, TX Email: www.LakeEngineers.com Cell: 512-292-1830 Jose Estrada, Homeowner Kyle, TX Cell: 512-657-3535 Emile Steinbauer, Homeowner Austin, TX Cell: 512 627-1502 Tovar Rogelio, Tovar Enterprises 5075 HWY 21 San Marcos, TX 78666 512 413 0716 City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Peter B. Vaneck 979-764-3412 hpavelka@cstx.gov Buyer,. Purchasing Division CERTIFICATION ITB 16-021 Page 18 of21 Demolition of 128 Southland Street CERTIFICATION OF BID ' / The undersigned affirms that they are duly·~~zed to e , t · s contract, that this bid has not been prepared in collusion with ·tha e contents of this bid have not been communicated to any oth cial opening of this bid Additionally, the undersigned a th the enclosed Standard Form of Agreement (if applicable). -#C.-.C-----r,~~~_ Title: Pres i tl ~·-t\ t- . ~ .=.:....:...:..!..!J..'l-'~~~~M_0_~_i'!Co~~ame: 0/Ner Ri"//i15dey PhoneNo.: S-/Z: lt>.3 40S-~ FaxNo.: 5/2 14! 1J 17 Email: hi 11 i hj s lfj ~ ff) tVJsf,j, , r r' <!o"' Bid Address: /240 fl Tuia Ct-PR/{ Par/l Dr. f1a.nrtht.t.t!..a.. 7X 7tft,S-2- P .0. Box or Street City State Zip Order Address: ~11.:;...o n~-e..':'---------,---------::----------P.0. Box or Street City State . Zip RemitAddress:/V/Ob ]Win (f/J, farK Dr. /vlanalia.C!..tt 'JX 7K'loS-2-· P.O. Box or Street City State Zip Federal Tax ID No.: 41-tJ C/f{) S-24 DUNSNo.: /3o73t1iqo Date: // /z J j 1L I I END OF BID #16-021 ITB 16-021 Page 19 of21 Demolition of 128 Sou1hland Street SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS ITB 16-021 Page 20 of 21 Demolition of 128 Southland Street -+c * lf ~TEXAS Department of State Health Services PSQA-ASBOOl Issue Date: May 17, 2007 Clarification on the Demolition of Small Residential Buildings by Municipalities Background: The Department of State Health Services (DSHS) has received numerous inquiries from municipalities about the applicability of the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) to the demolition of safety hazard/nuisance residential buildings having four or fewer dwelling units (small residential buildings) on the same site. EPA has provided guidance in the Determination Index (Control Number A960022) dated June 11, 1996, as follows: "EPA believes that the residential buildings exemption does not apply where multiple (more than one) small residential buildings on the same site are demolished or renovated by the same owner or operator ... " The term "site" is not defined in the regulation and EPA does not intend to provide any determination of the boundaries of a "site." EPA further adds that a "site" is comparable to a "city block" and where a city block cannot be defined, the "site" should be considered to be an area comparable in size to a city block. Clarification: EPA has delegated the inspection and enforcement authority for the Asbestos NESHAP to the Texas Department of State Health Services (DSHS) and with this authority EPA has granted DSHS the ability to interpret areas of the NESHAP that EPA has allowed latitude. In order to be consistent throughout the state, and to ensure equal fairness with inspection and compliance, DSHS has determined that a "site" is the size of a "city block." To determine the size of a city block, research was conducted to compare definitions of a block and sizes of city blocks in various cities around the nation. The best definition found was from the City of Chicago, where a city block is 1/8 of a mile or 8 blocks equals a mile. For ease of measurement, DSHS will assume that the blocks are square. One mile is 5,280 feet and 1/8 of a mile is 660 feet, and therefore a "city block" for NESHAP purposes will be defined as 660 feet by 660. If more than one small residential building is demolished by the municipality and any part of the buildings are within 660 feet of each other, the NESHAP regulations will apply. The NESHAP regulations do not allow for circumvention, therefore all small residential buildings that are demolished by the municipality in a calendar year (January 1 to December 31) that are within 660 feet of another small residential building previously demolished by the municipality in the same calendar year are subject to the NESHAP. Measurement must be conducted from the area of the property where the small residential building once stood. Determination of distance will be allowed from scaled maps of the area, but actual field measurements will be used to resolve any disputes over distance. For additional information, please contact the PSQA-Environmental Health Group at (512) 834-6773, by fax at (512) 834-6707, or visit our website at: http://www.dshs.state.tx.us/asbestosldefault.shtm Texas Administrative Code <<Prey Rule Texas Administrative Code TITLE25 PART 1 CHAPTER295 SUBCHAPTER C RULE §295.31 HEALTH SERVICES DEPARTMENT OF STATE HEALTH SERVICES OCCUPATIONAL HEALTH . TEXAS ASBESTOS HEAL TH PROTECTION General Provisions Next Rule>> (a) Problem. In more than 25 years ofresearch into the relationship between airborne asbestos fibers and the diseases such exposure can cause, the bodily mechanism by which inhaled asbestos fibers initiate cancer or asbestosis is still not understood, no effective treatment has been found, and the only means of preventing asbestos disease depends entirely on limiting the exposure of the individual to asbestos fibers. (b) Purpose. The purpose of these sections is to establish the means of control and minimization of public exposure to airborne asbestos fibers, a known carcinogen and dangerous health hazard, by regulating asbestos related activities in public and commercial buildings and facilities as defined by these sections. (c) Scope. (1) For the purposes oflicensure and procedures in public buildings: (A) Rules application. These sections apply to all buildings which are subject to public occupancy, or to which the general public has access, and to all persons disturbing, removing, encapsulating, or enclosing any amount of asbestos within public buildings for any purpose, including repair, renovation, dismantling, demolition, installation, or maintenance operations, or any other activity that may involve the disturbance or removal of any amount of asbestos- containing building material (ACBM) whether intentional or unintentional. Also included in these rules are the qualifications for licensure of persons, requirements for compliance with these sections and all applicable standards of the United States Environmental Protection Agency as adopted in §295.33 of this title (relating to Adoption by Reference of Federal and Other Standards) and those of the United States Occupational Safety and Health Administration as adopted and referenced in these rules. (B) Exclusions. Private residences and apartment buildings with no more than four dwelling units are excluded from coverage by these rules. Except as provided in subsection (c)(2) and (c)(3) of this section, industrial or manufacturing facilities, in which access is controlled and limited principally to employees therein because of processes or functions dangerous to human health and safety, federal buildings and military installations are excluded from coverage by these rules. (2) For the purposes of Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) enforcement only: §§295.32; 295.34(a), (b)(l)-(3), (c), and (f); 295.61; 295.67-68; 295.70; and 295.71 of this title (relating to Texas Asbestos Health Protection) apply to all facilities. These sections shall apply to the extent necessary to allow the department to adopt and enforce the federal NESHAP. For facilities which are not otherwise subject to this title as public buildings, the department will apply and enforce these sections in a manner consistent with the NESHAP. (3) For purposes of enforcing the Environmental Protection Agency (EPA) Asbestos Model Accreditation Plan (MAP) in commercial buildings, §§295.31, 295.32, 295.33, 295.34(c), (e) and (g), 295.57, 295.64 (except (f)-(h)), 295.66, 295.67, 295.68 and 295.70 of this title (relating to Texas Asbestos Health Protection) apply. For buildings which are not otherwise subject to this title as public buildings, the department will apply and enforce these sections in a manner consistent with the MAP. (4) For the purposes of the Asbestos Hazard Emergency Response Act (AHERA) of 1986, U.S.C. 2605, 2607(c), 2643, and 2646, enforcement only: §§295.32 and 295.63 of this title (relating to Definitions and Asbestos Hazard http://texreg.sos.state.tx.us/ ... c$ext.TacPage?sl=R&app=9&p _ dir=&p _rloc=&p _tloc=&p _ploc=&pg= I &p _tac=&ti=25&pt= I &ch=295&rl=3I[7I1612015 4:27 :30 PM] Texas Administrative Code Emergency Response Act (AHERA) Compliance) apply to all LEAs. Sections 295.32 and 295.63 of this title shall apply to the extent necessary to allow the department to adopt and enforce the federal AHERA. (d) Severability. Should any section or subsection in this chapter be found to be void for any reason, such finding shall not affect all other sections. ( e) License possession requirements. Anyone engaged in asbestos-related activities in a public building must provide proof of a current license to any inspecting official from the Texas Department of Health (department), to an employer, or to a prospective employer upon request. All licensed individuals must have the Identification Card issued by the department on the work site at all times while engaged in any asbestos-related activity. For individuals, this is the only proof of a valid license. Source Note: The provisions of this §295.31 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective August 16, 2000, 25 TexReg 7715; amended to be effective March 27, 2003, 28 TexReg 2549 Next Page Previous Page list of Titles Back to List Hoi\.I~·~? TEXAS REGISTER~ :~TEx.\s ADMINISTRATIVE.CODE~~ OPEN .MEETINGS ~ ... ~;._',:'~ ;,,;"":•.;,,:C~4J· !"'>J:',..~,. ;:* 1_X9,"' _)~t~ ,~ ]C"..._&,,,.,,,,z,:(-;.,' ,."; ~,....~-1io~ /(~,~~"'"' :.,:,:h;N :.,.,~._.--~·-.,~'J ~--~~,.,..:.:..',...,,,,,._, ,.....,.~ ~~"'"- http://texreg.sos.state.tx.us/ ... c$ext.TacPage?sl=R&app=9&p _ dir=&p _rloc=&p _tloc=&p _ploc=&pg= I &p _tac=&ti=25&pt= I &ch=295&rl=3 I[7/16/2015 4:27:30 PM] Scope of Work Project consists of demolition, removal, disposal, and final site grading of a single family residence located at 128 Southland Street, College Station, TX. Structure is an 1139 sf house, wood frame construction on concrete foundation. UTILITIES 1. Contractor is responsible for assuring utilities are completely removed from structure: (gas, electric, sewer, cable television, etc.) 2. Water supply line to structure shall be disconnected from water meter. This work shall be coordinated with the City of College Station Water Services Department. S1e..pn~ H\.AR,~p.t).,o st. 1. Contractor is to disconnect sewer service line underground at ROW/easement line by capping with ) appropriate methods according to pipe material. Contractor shal l call Project Manager for an inspection \.Y 7 before back filling cap. Cap shall remain open for other City inspections as required until final approval is issued. Covering up plugs without Project Manager approval shall result in the plugs being re-exposed for inspection at Contractors expense. 2. Contractor shall be responsible for locating and removing any underground butane or propane tanks within the property lines of the project site. All voids shall be filled with topsoil. No debris will be permitted in fill materials. STRUCTURE 1. Demolish the house entirely, including foundation slab and footings, HVAC pads, substructures, sidewalk, fencing, accessory structures, and debris (except the driveway) using methods and practices in conformance with all local, state, and federal laws and ordinances. 2. All abandoned furniture, rubbish, garbage, discard items, concrete, rock, brick, and ALL other forms of organic and non-organic materials partially buried, installed or strewn upon the property lines of the project shall be removed. 3. Dispose of all debris off site using methods and practices in conformance with all local, state and federal laws and ordinances. ALL debris shall be taken to the City's sanitary landfill and a copy of all dump ticket(s) SHALL BE REQUIRED by the Project Manager before ANY payment is remitted to the Contractor. CONCRETE 1. No concrete materials shall be allowed to be embedded into the soil and remain there following completion of demolition (except the driveway). All embedded materials shall be excavated and premium topsoil layer of fill placed in excavated area to prevent water ponding and pooling. 2. The driveway all the way to the slab to remain. Precautions may be needed to separate the foundation and the driveway. SITEWORK 1. Extreme caution should be used to avoid damaging any live trees surrounding the structure(s). ~s outside building pad are to be protected. If Contractor cannot avoid damaging the live trees during demolition, Contractor shall make it known to the Project Manager (and get approval) prior to commencing with the demolition. Project Manager must approve removal of trees, bushes and brush before commencing with final grading. 2. Site shall be left clear of ALL debris. 3. Site voids shall be filled and site shall be hand raked to fine grade (no dirt clods or rocks larger than yard rake teeth), level with original lot elevation. All site work shall use premium topsoil with no trash or debris in the fill material. Specifications and Requirements General Requirements The Contractor is to coordinate date and time of commencement of demolition with the Project Manager so a representative of the City of College Station can be on-site to observe demolition activities if desired. It is understood and agreed that all work contemplated in conjunction with this project is specified in the Scope of Work above. The Contractor shall consider only work specified in the Scope of Work. If it is determined, during the process of the demolition, that work other than that specified is necessary to complete the project, the Contractor shall notify the Project Manager and a Change Order will be negotiated and issued as necessary. The City of College Station Planning and Development Services Department, prior to commencement of work associated with a Change Order, must approve the Change Order in writing. 1. Do not bid more than is requested, even if you believe additional work may be necessary. 2. Do not base bids on salvageable materials. All materials shall be disposed of in City's sanitary landfill and the Project Manager shall require a copy of all dump ticket(s) before payment is remitted. 3. After issuance of the Notice to Proceed, all building materials and debris on site (except for any items specified to remain) shall become the responsibility of the Contractor to dispose of according to this document and other applicable local, state and federal laws and ordinances. 4. Contractor shall submit a list of subcontractors to be employed in conjunction with the project immediately following notification of Award of Bid. Workmanship & Site Safety Contractor shall keep work site clear of dangerous debris during demolition process and will limit access of work site to only necessary workers and inspectors. Contractor accepts full responsibility for securing work site during demolition and accepts full liability for any consequences of failure to keep work site secure. Contractor accepts full responsibility for safety of workers and will follow methods and practices established by industry standards and law to insure job safety. Contractor accepts full liability for any injuries sustained by persons or damages to property suffered during course of demolition. Performance & Payment Contractor shall pursue demolition in a timely manner once demolition activities commence. Contractor has Thirty (30) consecutive ca lendar days, after issuance of the Notice to Proceed, to commence with demolition. All demolition activities must be completed within five (5) working days of commencement. The work must not be abandoned for more than one (1) day after commencement of demolition work, unless Contractor requests delay for inclement weather. Request for this delay shall be made on the day of delay or on the morning of the next business day. The Notice to Proceed will be issued within thirty (30) consecutive calendar days after bid opening. Contractor shall guarantee bids for this time. If no Notice to Proceed is issued within thirty (30) consecutive calendar days after bid opening (provided Contractor has submitted necessary bonds and insurance), Contractor may terminate contract but will make no claims against City. Contractor must notify the Project Manager for inspection of sewer cap work. Failure to contact the Project Manager for inspection shall result in a $200 fine to be subtracted from the total contract amount. Upon notification for sewer cap inspection, the Project Manager will inspect by the end of next working day or forfeit right to inspect sewer cap. Other City inspections timelines shall be complied with as per local codes and ordinances. Payment in full shall be issued when project has reached 100% completion and written Final Inspection approval has been issued to the Contractor by other City inspectors as required. The Contractor shall be assessed $100 per calendar day, in liquidated damages, for delays beyond either: a) The thirty (30) consecutive calendar day time period following the Notice to Proceed, or b) The five (S) consecutive business day time period following commencement of demolition. Liquidated damages shall not exceed $475.00 per calendar day of delay. No liquidated damages shall be assessed for delays caused by inspections, providing the Contractor has been timely with notifications during the demolition process. SHORT FORM OF AGREEMENT FOR CONSTRUCTION ITB 16-021 Page 21 of 21 Demolition of 128 Southland Street SHORT FORM CONTRACT FOR CONSTRUCTION WORK FOR LESS THAN $50,000 CONTRACT NO. 16300086 This Contract by and between the City of College Station, a Texas home-rule municipal corporation (the "City'') and Billingsley House Moving, Inc. (the "Contractor"), for the following work: Demolition of 128 Southland Street, a service provided by Contractor as an independent contractor. 1. In consideration of the compensation stated in paragraph 2, the Contractor shall provide all the services described in the Scope of Services attached hereto as Exhibit A and incorporated by reference. The express terms of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. 2. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor's final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Seven Thousand Two Hundred Fifty Seven and 00/100 Dollars ($7,257.00). Within seven (7) calendar days of completion of the work, the Contractor shall submit his application for payment to the City, and the City shall pay Contractor for the work performed no later than thirty (30) calendar days from the date of the City's receipt and the City's approval of the work and the application for payment. 3. No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Contractor shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. 4. Written change orders may be approved by the City Manager or his delegate provided that the change order does not increase the amount set forth in paragraph 2 of this Contract to more than $50,000.00. Changes in excess of this amount must be approved by the City Council prior to commencement of the services or work. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in paragraph 2 of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. 5. In the event that the total amount of this Contract is amended by written change order to exceed $50,000.00 and upon request of the City, Contractor shall, pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, provide a payment bond. The Form Revised on 5-11-12 Contract No. 16300086 Page 1of18 bond shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute a payment bond for the full Contract Amount, as amended. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a payment bond and shall have attached proof of authorization of the surety to act in the payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bond in the form required by the City, together with valid original powers of attorney, within ten (10) calendar days following request by the City. The bond shall be incorporated and made part of this Contract for all purposes. (d) The payment bond shall remain in effect for a period of one (1) year after Final Completion of the work. (e) If at any time during the execution of this Contract in the required period thereafter, the bond becomes invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) calendar days such other bond, which bond shall assure payment as required. 6. Time is of the essence on this Contract. The Contractor shall complete all work under this Contract by the dates set forth below: Work shall be complete within five (5) working days of commencement. 7. No ''Notice to Proceed" may be given nor any work commenced until this Contract is fully executed and all exhibits and other attachments are completely filled out and attached hereto. 8. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the above-mentioned purpose. The City shall not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as described above. The City will not be responsible for reporting or paying employment taxes or other similar levies that may be required by the United States Internal Revenue Service or other State or Federal agenctes. 9. The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, volunteers, employees, or subcontractors. Said insurance shall name College Station, its employees, and officials as additional insureds. See Exhibit ''B" for insurance requirements. Certificates of insurance evidencing the required insurance coverages shall be attached hereto as Exhibit "C. Form Revised on 5-11-12 Contract No. 16300086 Page 2of18 10. It is further agreed that the Contractor (separately and collectively the "lndemnitee") shall indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 11. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. 12. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 13. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid on this project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit ''D". Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of this paragraph, either the Contractor or the subcontractor, as the case may be, shall pay the City Sixty D ollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 14. The Contractor shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an unauthorized alien. The Contractor, not the City, must verify eligibility for employment as required by IRCA. Form Revised on 5-11-12 Contract No. 16300086 Page 3of18 15. At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 16. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent wavier or deferral of the same term or condition. 17. Tbis Contract may only be amended by written instrument approved and executed by the parties. 18. Tbis Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 19. The parties hereby state that they have read the terms of this Contract and hereby agree to the conditions contained herein. 20. Tbis Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 21. Contractor, its employees, associates or subcontractors shall perform all the work hereunder. Contractor agrees that all of its associates, employees, or subcontractors who work on this Project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. 22. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 23. Tbis Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Tbis Contract may only be amended by written instrument approved and executed by the parties. 24. Tbis Contract will be effective when signed by the last party whose signing makes the Contract fully executed. Form Revised on 5-11-12 Contract No. 16300086 Page 4of18 CI~=== By. ______ _,__ _______ _ City Manager Form Revised on 5-11 -12 Contract No. 16300086 Date Page 5of18 Form Revised on 5-11-12 Contract No. 16300086 Exhibit "N' SCOPE OF SERVICES Page 6of18 Scope of Work Project consists of demolition, removal, disposal, and final site grading of a single family residence located at 128 Southland Street, College Station, TX. Structure is an 1139 sf house, wood frame construction on concrete foundation. UTILITIES 1. Contractor is responsible for assuring utilities are completely removed from structure: (gas, electric, sewer, cable television, etc.) 2. Water supply line to structure shall be disconnected from water meter. This work shall be coordinated /("' " with the City of College Station Water Services Department. ~ rv'"\ ~ 1. Contractor is to disconnect sewer service line underground at ROW/easement line by capping with .. ..) appropriate methods according to pipe material. Contractor shall call Project Manager for an inspection (j' 1 before back filling cap. Cap shall remain open for other City inspections as required until final approval is ~ issued. Covering up plugs without Project Manager approval shall result in the plugs being re-exposed for inspection at Contractors expense. \ R' Contractor shall be responsible for locating and removing any underground butane or propane tanks within the property lines of the project site. All voids shall be filled with topsoil. No debris will be (,, permitted in fill materials. """' STRUCTURE 1. Demolish the house entirely, including foundation slab and footings, HVAC pads, substructures, sidewalk, fencing, accessory structures, and debris (except the driveway) using methods and practices in conformance with all local, state, and federal laws and ordinances. 2. All abandoned furniture, rubbish, garbage, discard items, concrete, rock, brick, and ALL other forms of organic and non-organic materials partially buried, installed or strewn upon the property lines of the project shall be removed. 3. Dispose of all debris off site using methods and practices in conformance with all local, state and federal laws and ordinances. ALL debris shall be taken to the City's sanitary landfill and a copy of all dump ticket(s) SHALL BE REQUIRED by the Project Manager before ANY payment is remitted to the Contractor. CONCRETE 1. No concrete materials shall be allowed to be embedded into the soil and remain there following completion of demolition (except the driveway). All embedded materials shall be excavated and premium topsoil layer of fill placed in excavated area to prevent water ponding and pooling. 2. The driveway all the way to the slab to remain. Precautions may be needed to separate the foundation and the driveway. SITEWORK 1. Extreme caution should be used to avoid damaging any live trees surrounding the structure(s). All trees outside building pad are to be protected. If Contractor cannot avoid damaging the live trees during demolition, Contractor shall make it known to the Project Manager (and get approval) prior to commencing with the demolition. Project Manager must approve removal of trees, bushes and brush before commencing with final grading. 2. Site shall be left clear of ALL debris. 3. Site voids shall be filled and site shall be hand raked to fine grade (no dirt clods or rocks larger than yard rake teeth), level with original lot elevation. All site work shall use premium topsoil with no trash or debris in the fill material. Specifications and Requirements General Requirements The Contractor is to coordinate date and time of commencement of demolition with the Project Manager so a representative of the City of College Station can be on-site to observe demolition activities if desired. It is understood and agreed that all work contemplated in conjunction with this project is specified in the Scope of Work above. The Contractor shall consider only work specified in the Scope of Work. If it is determined, during the process of the demolition, that work other than that specified is necessary to complete the project, the Contractor shall notify the Project Manager and a Change Order will be negotiated and issued as necessary. The City of College Station Planning and Development Services Department, prior to commencement of work associated with a Change Order, must approve the Change Order in writing. 1. Do not bid more than is requested, even if you believe additional work may be necessary. 2. Do not base bids on salvageable materials. All materials shall be disposed of in City's sanitary landfill and the Project Manager shall require a copy of all dump ticket(s) before payment is remitted. 3. After issuance of the Notice to Proceed, all building materials and debris on site (except for any items specified to remain) shall become the responsibility of the Contractor to dispose of according to this document and other applicable local, state and federal laws and ordinances. 4. Contractor shall submit a list of subcontractors to be employed in conjunction with the project immediately following notification of Award of Bid. Workmanship & Site Safety Contractor shall keep work site clear of dangerous debris during demolition process and will limit access of work site to only necessary workers and inspectors. Contractor accepts full responsibility for securing work site during demolition and accepts full liability for any consequences of failure to keep work site secure. Contractor accepts full responsibility for safety of workers and will follow methods and practices established by industry standards and law to insure job safety. Contractor accepts full liability for any injuries sustained by persons or damages to property suffered during course of demolition. Performance & Payment Contractor shall pursue demolition in a timely manner once demolition activities commence. Contractor has Thirty (30) consecutive calendar days, after issuance of the Notice to Proceed, to commence with demolition. All demolition activities must be completed within five (S) working days of commencement. The work must not be abandoned for more than one (1) day after commencement of demolition work, unless Contractor requests delay for inclement weather. Request for this delay shall be made on the day of delay or on the morning of the next business day. The Notice to Proceed will be issued within thirty (30) consecutive calendar days after bid opening. Contractor shall guarantee bids for this time. If no Notice to Proceed is issued within thirty (30) consecutive calendar days after bid opening (provided Contractor has submitted necessary bonds and insurance), Contractor may terminate contract but will make no claims against City. Contractor must notify the Project Manager for inspection of sewer cap work. Failure to contact the Project Manager for inspection shall result in a $200 fine to be subtracted from the total contract amount. Upon notification for sewer cap inspection, the Project Manager will inspect by the end of next working day or forfeit right to inspect sewer cap. Other City inspections timelines shall be complied with as per local codes and ordinances. Payment in full shall be issued when project has reached 100% completion and written Final Inspection approval has been issued to the Contractor by other City inspectors as required. The Contractor shall be assessed $100 per calendar day, in liquidated damages, for delays beyond either: a) The thirty (30) consecutive calendar day time period following the Notice to Proceed, or b) The five (5) consecutive business day time period following commencement of demolition. Liquidated damages shall not exceed $475.00 per calendar day of delay. No liquidated damages shall be assessed for delays caused by inspections, providing the Contractor has been timely with notifications during the demolition process. I Exhibit "B" INSURANCE REQUIREMENTS During the term of this Agreement, Contractor's insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a A: VIII or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of Form Revised on 5-11-12 Contract No. 16300086 Page 7 of18 individual exclusions being attached for review and acceptance. E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Personal & Advertising Liability; and, Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a A: VIII or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1 ,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 on the declarations page. E. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00. V. Those policies set forth in Paragraphs III and IV shall contain an endorsement naming the City as an additional insured and further providing that those policies are primary to any insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit C, and approved by the City before work commences. VI. Workers' Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their Form Revised on 5-11-12 Contract No. 16300086 Page 8of18 employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. The worker's compensation insurance shall include the following terms: 1. Employer's Liability limits of $1,000,000.00 for each accident are required. 2, "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110( c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate'') -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in§ 406.096 [of the Texas Labor Code}) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons Form Revised on 5-11-12 Contract No. 16300086 Page 9of18 to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401. 011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it Form Revised on 5-11-12 Contract No. 16300086 Page 10of18 contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll Form Revised on 5-11-12 Contract No. 16300086 Page 11 ofl8 amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penal- ties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " VII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change m coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Form Revised on 5-11-12 Contract No. 16300086 Page 12of18 Exhibit "C" CERTIFICATES OF INSURANCE AND ENDORSEMENTS Form Revised on 5-11-12 Contract No. 16300086 Page 13of18 BILLl-1 OP ID: MP DATE (MMIOOIYYYY) 12/09/2015 CERTIFICATE OF LIABILITY INSURANCE --------------------------------------------------------------------------------------~-----THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COvERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CEllTIFICATE HOLDER. IMPORTANT: If the certtncata holder Is an ADDITIONAL fNSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsell)ent. A statement on this certl11cate does not conf8r rights to the certHlcate holder In lieu of such endorsement s . PftODUCER Maguire Agency 1970 Qakcrest Avenue,#300 Roseville, MN 55113 AJC No : P Housemovers INSURED Billingsley House Moving, Inc. 12406 Twin Creek Park Drive Manchaca, TX 78652 NAICI 24775 INllURERB: INSURER C : INSURERO : INSURERE : JNSURERF ; COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABCWE FOR THE POLICY PERIOD INDICATED, N01WITHST11NOING Atf'f REQUIREMENT, TERM OR C~OITION 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 HEREN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. itw: -·u~ ~ IMV~ ~ 'TYPE OF lf>ISUl:t'NCE , ....... -~ POLICY NUNBE;R LIMITS GEl\ERAL LIA8U.11Y EACH OCCURRENCE $ 1,000,00<l ,...._ A .x COMMERCIAL GENERAL LIABILITY x x ~60866K6907 04/0512015 0410512016 "':"!'"''1.<o'u"~" 11:.U $ 100,00<l PREMlSES IEa occurroncel ,...._ D <;lNMSMADE 00 OCOJR MED EXP (Any one person) $ 5,00<l >---PERSONAL & ADV INJJRY $ 1,000,00( GENERAL AGGREGATE $ 2,000, ()()(I - GEN'L AG~~mE LIMIT Al?flLIES PER: PRODUCTS-COMP/OP AGG $ 2,000~00fl 1 POLICY x P,~P;: n LOC .. $ AUTOMOBlµ: UA.BIU1Y .. fE~~~i;;rrlNGLE LIMIT 1,000,00fl $ -A ANY AUTO x x BA3300C596 04/0512015 0410512016 BOOIL Y INJURY (Per per50n) $ -ALI.OWNED X SCHEDULED AU'fOS ..--AUTOS 8091L y INJURY (Per '8Gcidoot) $ -x HIRED AUTOS X NON-OWNED fPER ACOli~AGE $ ,____ -AUTOS " $ UMBRELLA LlAB HOCCUR SAOi OCOJRRENCE $ -EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I I RETENTl()N $ $ WORKERs COMPENSATION llX~:H:J#-,,1 10,,,i;i;i. Al'll SIP.LOVERS' LIABILITY YIN AfN PROPRIETORJP.ARTNER/E!<ECUTIVE D NIA E.L. EAOI ACODENT $ OFFICERIMEMBER EXCLUDED? (MandltWyln ~) EL DISEASE-EA EMPLOYEE $ ues. descrtlie under S,CRIPRON OF OPERATIONS below EL DISEASE· POLICY LIMIT $ DESCRl'TIONOF OPERATIONS I LOCAllON$ /VEltCl.ES (Attach ACORD 101, Additional R•marks Sdleclulo, lfmore apaco larequlred) CERTIFICATE HOLDER City of Coll~e station Attn: Risk Management PO Box9960 College station, TX 77842 ACORD 25 (2010/05) COLLE12 CANCELLATION SHOULD ANY OI' THE ABOVE DESCRIBED POLICIES BIS CANCEU.ED BEFORE lltE !XPIRATION DA11! THl!Rl!OI', NOTI~ WIU. Bl! Dl!LM!Rl!D IN ACCORDANCE WITH THE POLICY PROVISIONS. AtJTHORfZEO REPRESENTATIVE ~Q.. SJ__ ® 1988-2010 ACORD CORPORATION. All rights reserved. Tile ACORD name and logo are registered marks of ACORD --~---~-, .......... ~-·--~-------~------ . CGD269 ll 03 Page 1of1 CG 02 6911 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • STATE OR POLITICAL SUBDIVISIONS-PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: (Jf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) section II -Who Is An Insured is amended to include as an insured any state or political subdivision shown in 1he Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations pertormed by you or on your behalf for which the state or political s1;1bdivision has issued a permit. 2. This insurance does not apply to: a. "BoQily injury,u "property damage", "personal injury· or "advertising injury" arising out of operations periormed for the state. or municipality; or b. "Bodity injury" or •property damage• Included within the •products-completed operations hazardu. CG 02 69 11 03 Privacy I Legal Notices ©2008 The Travelers Companies, Inc. http://eforms.travelers.com/nxt/gateway.dll/fssforms l/general%20liability/cgd2691l03.hnn. .. 4/3/20 !2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL. INSUREDS I This endorsement r:nodifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The •personJ:!) injury" or •actvertising i!lury" for COMMERCIAL GENERAL UABlUTY CONDITIONS which coverage is sought arises out of an d- (Sedion IY), Paragraph 4. (Other 1118urance), is fense committed amended as followS'.: subsequent to the signing and executiOn of that 1. The foUowing i~ added to Paragraph a. Plimary contract or agreemem by you. Insurance: 2. The first SUbparagraph {2) of Paragraph b. Ex· However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on e primary basis, or a primary and non-contributory basis, this Insur- ance is prinaiy to ether insurance that is avail- able to such addltlonal Insur«! which covers such additional-in~ored as a named Insured, and we will not share with that other Insurance. provided that a. The •bodily injury" or "pt::operty damage• for Which coverage is sougtlt occurs; and ceas Insurance regarding any other primary in- surance available to you is deleted. 3. The fdlowing is added to Paragraph b. Excess Insurance. as an additional subparagraph undei Subparagraph (1 ): That is available to tile insured when the insured is added as an additional insured under any other policy, 'including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St Paul T~$1ers Companies., Inc. All rtgtn reserved. Page 1d1 CG 240410 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in , the Declarations as applicable to 1his endorsement.) The TRANSFER OF RtGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMERCJAL GENERAL LIABILITY CONDITIONS) is amended by the addition .of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operatio)1s or Hyour work" done under a.contract with that person or organization alld included in the "product-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. ---------~~~~~~~-..,,,,,..·-·---··-·-··~·-···-----·--·--· .......... *~-~-------------'- ---------~--------------...._ ....... -.,,,..,;,._.._ ..... ·--·-· ··-··-"---'---..._ _________________________ ___: Exhibit "D" Davis Bacon Wage Rates General Decision Number : TX150084 01/02/2015 TX84 Superseded General Decision Number : TX20140084 State : Texas Constructi on Type: Residential County: Br azos County in Texas . RESIDENTIAL CONSTRUCTION PROJECTS (consisting of singl e family homes and apartments up to and i ncluding 4 stories) Note : Executive Order (EO) 13658 establishes an hourly minimum wage of $10 .10 for 2015 that appl ies to a l l contracts subject to the Davis-Bacon Act for which the solici tation i s 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 .10 (or the applicable wage rate listed on this wage determination , if it is higher) for all hours spent performing on the cont ract . The EO minimum wage rate will be adjusted annua l ly. Additional informati on on contr actor requirements and worker pr otections under the EO is available at www .dol.gov/whd/govcontr acts . Modification Number 0 Publication Date 01/02/2015 * SUTX1990-048 01/23/1990 Rates Air Conditioning Mechanic ........ $ 9 .00 BRICKLAYER ....................... $ 10. 00 CARPENTER ........................ $ CEMENT MASON/CONCRETE FINISHER ... $ ELECTRICIAN ...................... $ Laborers : Labor ers .................... $ Mason Tenders ............... $ Mortar Mixers ............... $ PAINTER .......................... $ PLUMBER .......................... $ Form Revised on 5-11-12 Contract No. 16300086 8 .30 7 .84 9.95 7 .25 7 .25 7 .25 7 .25 9.45 Fringes Page 14of18 Power equipment operators : Backhoes .................... $ Doze rs ...................... $ ROOFER, Including Built Up , Composition and Single Ply Roofs ............................ $ Sheet metal worker ............... $ TRUCK DRIVER ..................... $ 7 .25 7 .25 8 .00 8 .00 7 .50 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental . 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 parti cular 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 thi s 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 . Form Revised on 5-11-12 Contract No. 16300086 Page 15of18 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, i t 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 Form Revised on 5-11-12 Contract No. 16300086 Page 16of 18 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 o f 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 . Dep~rtment of Labor 200 Constitution Avenue , N.W . Washington, DC 20210 4 .) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION Form Revised on 5-11-12 Contract No. 16300086 Page 17 of18 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 112) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5. Building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Form Revised on 5-11-12 Contract No. 16300086 Page 18of18