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C2006-527 - 12/19/2006 - Approved
S P E C I A L P R O V I S I S P E C I F I C A T I O NI onghorn Excavators 2006 -527 12/19/06 M2006 -442 A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R J.C. ELLIOTT TRANSFER STATION PROJECT NO: 5192 DRAWING NO SL; 114 (Revised 7/5/00) FOR STREET AND SOLID WASTE SERVICES CITY OP CORPUS CHRISTL, TEXAS Phone: 361/826- -1970 Fax: 361/026-1889 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/800 -3500 raF: 361/880-M01 j o JON M. HFiP .AND f'O ' 64541 kkFSi•- ,. /ST S•.• (Revised 7/5/00) J.C. ELLIOT TRANSFER STATION Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office-Not Used A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7 /5/00) A -24 Surety Bonds A 25 Salea Tax Exerefrt-3ae NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A-35 City Water Faciliti ._ Not Used A -36 Other Submittals (Revised 9/18/00) A 37 Amended "Arrangement and Charge for Water Furnished by the City" Not Used A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A- 41- - -O n Advi ser-y —No t Used A -42 A -43 A -44 A -45 A -46 A 47 OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) Change Orders (4/26/99) As -Built Dimensions and Drawings (7/5/00) Disposal of Highly Chlorinated Water (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Errors and Omissions A -51 Texas Department of Licensing and Regulation (TDLR) A -52 Geotechnical Investigation A -53 Daily Construction Reports A -54 Permits A -55 Amendment to Section 8-7 -6 Working Hours PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021080 Removing Old Structures 022 EAi THWORK 022022 Trench Safety for Excavations 022080 Embankment 022420 Silt Fence 023 FOUNDATIONS, BORINGS, PILES & CAISSONS 023020 Jacking, Boring, Tunneling 025 ROADWAY 0252 St lGRA ES AND BASES 025210 Lime Stabilization 025222 Flexible Base High Strength 0254 AHALT WORK 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement 0256 CONCRETE WORK 025608 Inlets T63 0258 TRAFFIC CONTROLS, DEVICES AND MARKINGS 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Painted or Thermoplastic) 026 UTILITIES 0262 GE$ERAL 026206 Ductile Iron Pipe & Fittings 0264 Water Lines 026416 Fire Hydrants 027 SEVERS & DRAINAGE 0272 MINERAL 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures 027205 Fiberglass Manholes 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts 027404 Concrete Box Culverts 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding 050 METALS 055420 Frames, Grates, Rings, & Covers PART T - TECHNICAL SPECIFICATIONS 010 GENERAL REQUIREMENTS 010270 Progress Payments 011000 Safety Information to Contractor 011650 Stormwater Pollution Prevention Plan 013100 Project Management and Coordination 017200 Project Record Documents 020 SITEWORK 021020 Clearing and Grubbing 022100 Site Grading 022130 Select Material 022200 Excavation and Backfill for Utilities and Sewers 022260 Detention Pond Liner Subgrade Preparation 023000 Clay Litter Construction 025500 Installation of Waterlines 025550 Gate Valves for Water Lines 025560 Fiydostatic Testing of Pressure Systems 027110 HOPE Pipe 027780 HOPE Geomembrane 028000 Geotextile Installation 028340 Chain Link Fences and Gates 030 CONCRETE 033000 Cast in Place Concrete 050 METALS 051200 Structural Steel Framing 053100 Steel Decking 055000 Metal Fabrications 070 THERMAL AND MOISTURE PROTECTION 079200 Joint Sealers 090 FINISHES 098010 Galvanizing 099000 Painting 110 EQUIPMENT 113060 Wastewater Lift Stations 130 SPECIAL CONSTRUCTION 131250 Metal Building Systems 160 ELECTRICAL 16010 Electrical General Provisions 16060 Grounding 16075 Electrical Identification 16123 Wire and Cable 16130 Boxes and Enclosures 16136 Raceways 16140 Wiring Devices 16412 Enciced Circuit Breakers 16442 Panelboards LIST OF DRAAWINGS General G1 Cover Sheet and Index G2 Sheet Index & General Notes G3 Borrow Area & Legend G4 Existing Overall Site Aerial G5 Existing Transfer Station Site Aerial G6 New Transfer Station Layout Civil C1 Demolition Plan C2 Site Plan C3 Dimension Site Layout C4 Paving and Grading Plan C5 Paving Striping Layout C6 Paving Joint Layout C7 Vertical Curve C8 Paving Details C9 Fence Details C10 Ditch Culvert Crossing Cll Water Line Plan and Profile C12 Water Line Layout C13 Water Line Details C14 Water Line Details C15 Hazardous Waste Storage and Attendant House Plan Drainage Dl Contaminated Stormwater Detention Pond D2 Contaminated Stormwater Force Main D3 Contaminated Stormwater Detention Pond Plan D4 Contaminated Stormwater Detention Pond Sections D5 Drainage Details D6 Stormwater Pollution Prevention Plan Structural S1 Structural General Notes S2 Structural General Concrete Reinforcing Details S3 Foundation Plan S4 West Retaining Wall Elevations S5 West Retaining Wall Elevations S6 North Retaining Wall Elevations S7 Intermediate Retaining Wall Elevations S8 Intermediate and East Retaining Wall Elevations S9 West Retaining Wall Sections S10 North and East Retaining Wall Sections Si]. Intermediate Retaining Wall Sections S12 Retaining Wall Sections and Details 313 Tipping Floor Foundation Sections and Details 314 Tipping Floor Framing Plan S15 Push Wall Plan S16 Structural Sections S17 Bracing Elevation, Sections and Details S18 Framing Sections and Details S19 Framing Sections and Details 320 Push Wall Sections and Details 321 Push Wall Sections and Details S22 Stairway Plan, Sections and Details 323 Stairway Sections and Details Architectural Al Transfer Station Roof Plan A2 Transfer Station Elevations A3 Transfer Station Elevations A4 Transfer Station Sections Electrical El Transfer Station - Electrical Plan E2 Transfer Station Building - Lighting & Power Plan E3 Electrical Details E4 Electrical Diagrams Exhibit 1- Geotechnical Investigations Exhibit 2- Soil and Liner Quality Control Plan Exhibit 3- Texas Department of Transportation Standard Detail Sheets List of Sheets: SCP -8 Single Box Culverts Precast, 8' -0" Span FW -0 Concrete Wingwalls With Flared Wings SCP -MD Box Culverts Precast Miscellaneous Details SSTR Traffic Railing Single Slope (2 of 2) RW(TRF) Retaining Wall Traffic Railing Foundations RW(MSE) Mechanically Stabilized Earth Retaining Wall NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFOI(ANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: J.C. ELLIOTT TRANSFER STATION; consists of the construction of a combined citizen's collection center and commercial transfer station at the J.C. Elliott Landfill. The project includes but is not limited to demolition of existing structures, earth embankment, cast -in -place concrete retaining walls, structural steel and cast -in -place concrete elements of the commercial transfer station, concrete paving, asphalt paving, crushed limestone flexible base paving, concrete traffic barriers, 5' and 8' tall chain link fencing, contaminated stormwater detention pond, lift station, 4" diameter contaminated stormwater force main, 6" diameter water main including jack and bore of 14" diameter casing under SH 286, 1" diameter and smaller water service lines, RCP storm drain piping, precast concrete box culvert, pre- fabricated attendant building, pre- engineered metal building roof system with chain link fencing enclosure and lighting, area lighting, electrical power to lift station and other facilities; alternate bid item for mechanically stabilized earthen (MSE) retaining walls, in accordance with the plans specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednes4ay, December 6, 2006, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Tuesday, November 28, 2006 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ /s/ Revised 7 /5/00 Angel R. Escobar, P.E. Director of Engineering Services Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Eotice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 1 2. Premises - Operations i3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONIUNTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT X REQUIRED ❑ NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED O NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 of 2 ❑ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. O The name of the Project must be listed under "description of operations" on each certificate of insurance. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES -exas law requires that -.ost contractors, subcontractors, and others providing work or services for a City building c_ construction pro= ect crust be covered by worker's compensation insurance, authorized self- _assurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. 'rotor carriers which are required to reg; = - °Y with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not F-ovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed ::corporated into the project contract. Please note that under section 110.110: 1 certain language gust be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and '_. the Contractor is required to post the required notice at the job site. By sic_ning this Contract, the Contractor certifies that it will timely corral• with these Notice to Contractors "5" requirements. NOTICE TO CONTRACTORS - (Revises 1/13/98) Page 1 of 7 8/7 / ?8 _4 1 ..L , ,'J. t . _ Title 2S. DISURANCE Part II. TEXAS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUIRED NOTICES OF COVER4GE Subchapter B. EMPLOYER NOTICES § 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverrzge (certificate i —A copy of a certificate of :_surance, a certificate of authority to self- insure issued by the commission, mission, cr a workers' compensation coverage agreement (TWCC-S1, TWCC -32, TWCC -S;, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction—Has the me -ling defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor —A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage— Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 40L011(44). (5) Coverage agreement —:? written agreement on form.TWCC -81, forts TWCC -S2, forth TWCC-S3, or form TV C -S4, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establshes who will be responsible for providing workers' compensation coverage for persons providing services on the project (6) Duration of the project — Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in § 406.096 of the Act)—With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors_ leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of anv entity furnishing persons to perform services on the project. "Services" includes but is not limited htto-iiwurw scs.state.tx'js/tacf2S/fIJl 10 /B /1 10.110.htm1 NOTICE TO CONTRACTORS - Revised 1/13/98) Page 2 of 7 8/7/98 2S T. -.0 page 2 c; j to ors _.: _ding, or deilverine ecuxorr eat cr :is. or provding labor, transper:a::cn. or other service ...,e; :o a projec . 'Services' does not inciutie ac i•.it :es a reiated to the project. _uch as foodiceve.rage. vendors, office supply deliveries, an:: delivery of corzable toilets_ (8) Prcieci — includes the crovsion of all services related to a buiidinz or construction contract for a governmental entity (b) Prov oirg or causing to be provided a certificate of coverage pursuant to this rule is a represen =a: c n by the insured that all employees of .he insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification cases and payroll amounts, and that ail coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-Insurance Reguiatior Providing false or misleading cerdficates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administ alive penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity at enters into a building or construction contract on a project shall: (I) incivae in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection.; (2) as part of the contract, using the Language required by paragr-aph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain f c:n the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter, (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled tc them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts. without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: T28S 110.110(c)(7) tbl http: / /www sos_state.tx.usltac'2S/II/I 10/B/1 10.1 10.htrnl NOTICE TO CONTRACTCRS - 3 Revised 1/13/99) Page 3 of 7 8/7/98 2S TAC : :O 110 rage 4 or 6 (8) contractually recuire each person with who :: contracts to provide services c:: a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreemens for ail of its empioyees providing services on the project. :cr the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) inciude in aIi contracts to prow de services cn the project the language in subsection (e)(3) of this section; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, lithe coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contramor: (1) a certificate of coverage, prior to the other person begin ing work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the govertunectal entity in writing by certified mail or personal delivery, within ten days after the persoa knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subp irzgra s (A) -(H) of tlis paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide 'coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroil amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage httpJ /v.-.. w.sos.state.tx_us/tac/28B/110B /110. I 10 html NOTICE TO CONTRACTORS - 8 Revised 1/13/98) Page 5 c f 7 8/7/98 TAC 110.110 Page 3 of 6 A contractor snail: i) provide coverage for its employees providing services on a project, fr.: the duration of the project ;sed on proper reporting of classification codes and payroii amounts and fling of any coverage agreements; 2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entir , prior to the end of the coverage period. a new certificate of coverage slowing extension of coverage, if the coverage period shown on the contractor's current �ertifcate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (i3) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required cer tificates 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 ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission tries. This notice must be printed with a title in at legit 30 point bold type and text in at least 19 point normal type, and shall be in both Fngjich and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the conunission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE The law retires that each person working on this site or providing services related to this construction project trust be coverer by workers' compensation insurance.:.-: s includes persons proving, herding, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the festal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's faire to provide coverage." http://www.sos.state.Dc.us/tac/28/11/110/B/110.110.html NOTICE 70 CONTRACTORS - 8 Revised 1/13/98) Page 4 of 7 8/7/98 Page 6 of 6 1AL. 1 I1u duration of :he contract: (F) retain ail recuirea cer,:f:oa:es of coverage on file for the duration of the project and for one year hereafter (('7) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (1-1) contractually require each person with whom it contracts, to perform as required by this - subparaQraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invali &ty does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This ruie is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4(1). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who sheet the requirements of the Act, § 406.097(c), and who are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index h t t p : /lwww . so s _ s t at e. tx. usi t ac/2 8 /II/ 110E / 1 10.1 10 . ht ml NOTICE TO CONTRACTORS - Revised 1/13/98) Page 7 of 7 8/7/98 ..o ar.`. .. .Llv rage) OI 0 for the duration of the project, that the coverage will be based on proper reporting of classification codes and oayroil a: counts, and that all coverage agreements wiii be filed with the appropriate insurance cattier or, in the case of a self - insured, with the commission's Division of Self - insurance Regtfation. Providing false or misleading information may subject the contractor to administrative penaides. criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project- under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person be7inning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially afflicts the provision of coverage of any person providing services on the project and send the notice within ten days after the person 'mew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any covere agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the dt»ion of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) price to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the httpi /www sos.state.tx.us/tac/28/11J1 10B /1 10.110.htm1 NOTICE TO CONTRACTORS - B Revised 1/13/98) Page 6 of 7 8/7/98 PART A SPECIAL PROVISIONS J.C. ELLIOTT TRANSFER STATION SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, December 6, 2006. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - J.C. ELLIOTT TRANSFER STATION A pre -bid meeting will be held on Tuesday, November 28, 2006, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX- and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project J.C. ELLIOTT TRANSFER STATION, consists of the construction of a combined citizen's collection center and commercial transfer station at the J.C. Elliott Landfill. The project includes but is not limited to demolition of existing structures, earth embankment, cast -in -place concrete retaining walls, structural steel and cast-in-place concrete elements of the commercial transfer station, concrete paving, asphalt paving, crushed limestone flexible base paving, concrete traffic barriers, 5' and 8' tall chain link fencing, contaminated stormwater detention pond, lift station, 4" diameter contaminated stormwater force main, 6" diameter water main including jack and bore of 12'° diameter casing under SH 286, 1" diameter water service lines, RCP storm drain piping, precast concrete box culvert, pre- fabricated attendant building, pre- engineered metal building roof system with chain link fencing enclosure and lighting, area lighting, electrical power to lift station and other facilities; alternate bid item for mechanically stabilized earth (MSE) retaining walls, in accordance with the plans specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funding: Total Base Bid (Bid Items A -G) plus Additive Alternate Bid Item H or Total Base Bid (Bid Items A -G) plus Additive Alternate Bid Item I Section A - SP (Revised 12/15/04) Page 1 of 25 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Explanation of the Proposal Base Bid - Parts A thxu G: Consists of providing all services and materials necessary to construct all components of the transfer station, including, but not limited to demolition of existing structures, earth embankment, cast -in -place concrete retaining walls, structural steel and cast -in -place concrete elements of the commercial transfer station, concrete paving, asphalt paving, crushed limestone flexible base paving, concrete traffic barriers, 5' and 8' tall chain link fencing, contaminated stormwater detention pond, lift station, 4" diameter contaminated stormwater force main, 6" diameter water main including jack and bore of 12" diameter casing under SH 286, 1" diameter water service lines, RCP storm drain piping, pre -cast concrete box culvert, pre- fabricated attendant building, pre- engineered metal building roof system with chain link fencing enclosure and lighting, area lighting, electrical power to lift station and other facilities, but not including excavation and construction of retaining wall and footings for the west wall and intermediate retaining walls beginning at the south end of the commercial hauler area pre- fabricated steel cover and extending southward to the end of the walls. Alternate Bid Items: The Contractor shall bid on either Part H or Part I. Part H - Cast In Place Concrete Retaining Walls: Consists of providing all services and materials necessary to excavate for, and construct the cast in place concrete retaining wall and footings for the west wall and intermediate retaining walls beginning at the south end of the commercial hauler area pre- fabricated steel cover and extending southward to the end of the walls. Part I - Mechanically Stabilized Earth Walls (MSE) Retaining Walls: Consists of providing all services and materials necessary to excavate for, and construct the MSE retaining wall and footings for the west wall and intermediate retaining walls beginning at the south end of the commercial hauler area pre- fabricated steel cover and extending southward to the end of the walls. A- °? Item* to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Sid Bond (Must reference Protect Name as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement Section A - SP (Revised 12/15/04) Page 2 of 25 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 150 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Incentive Allowance: Early completion to obtain the incentive allowance shall be defined as follows: Completion shall occur when ALL project work is performed according to the plans, specifications, and contract documents, and the certificate has been issued by the A/E and accepted by the City. The maximum incentive allowance shall be sixty (60) Calendar Days at $500.00 per Calendar Day, or $30,000.00. This allowance shall be in addition to the money due to the Contractor for work performed under the Contract and constitutes an incentive for the Contractor to satisfactorily complete the work in shortest time possible. The incentive allowance does not remove the Contractor's potential liability for liquidated damages. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages wili be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (Revised 12/15/04) Page 3 of 25 In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxlyd Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of appropriate space provided in the proposal interpreted as non - receipt. Since addenda can proposal, failure to acknowledge receipt, and non - receipt, could have an adverse effect responsible bidder. all addenda received in the . Failure to do so will be have significant impact on the a subsequent interpretation of when determining the lowest A -10 Wage Rates (Revised 7/5/00) Labor pretence and wage rates for Heavy Construct 0a. In coot of conflict, Minimum Prevailing Wage Scales The CO rpus Christi City Ctuncil has determined the general prevailing minimum hourly wage rates for Naves Comity, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by than in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must accurate record s keep an bowing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make hi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others-working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the prr form and content of the payroll submittals.) One and one -half (130 times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Thrni,, and Section B -7 -6, Working Hours.) A -11 .�. ,,� �e.ion with PubMc (Revised 7/5/00) The Shall ccopergte with all public and private agencies with facilities operating within to 4 applicable s of The Contractor shall provide a forty -eight (48) hen: f when work is anticipated to proceed in the vicinity of any by the Texas Excavation Safety System (Dig TES) 1 -800- 344 -8377, the Lone star 114tific a cti Cmpa at .1- 800 - 669 -8344, and the SoutbmeetesrlEeal Locate Group at 1-800 - 828- 5121. Ftar the Ciontractor's convenience, the following telephone cambers are listed. Section A - SP (Revised 12/15/04) Page 4 of 25 City Engineer Project Engineer Joe Reinhard, P.E. }WIShiner Moseley and Assoc. Traffic Engineering Police Department Water Department Wastewater Department Oas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for 'Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) TCMC (Fiber Optic) Choicezn (Fiber Optic) CAPROCSt (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 880 -3500 857 -2211 (857 -7234, fax) 880 -3540 882 -1911 857 -1880 (880 -3140 after hours) 857 -1818 (880 -3140 after hours) 885 -6900 (885 -6900 after hours) 857 -1881 (880 -3140 after hours) 880 -3461 857 -1970 299 -4833 (693 -9444 after hours) 881 -2511 (1- 800 - 824- 4424,after hours) 857 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972- 753 -4355 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground drawings, the Contractor shall make the utilities back in service to construct the the Contract price. All such repairs must company or agency that owns the utilities. utilities, whether shown in the necessary repairs to place the work as intended at no increase in conform to the requirements of the Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service tines must be provided by the Contractor. Section A - SP (Revised 12/15/04) Page 5 of 25 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public and to operations at the J.C. Elliott Landfill. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the J.C. Elliott Landfill and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor is reminded that construction activities shall not interfere with access to or operation of the J.c_ Elliott Landfill. All construction activities and construction schedule shall be coordinated with City staff and the J.C. Elliott Landfill. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Cons,+- •1ction E Spillage and Tracking The Contractor shall keep the adjoining streets spilled materials going to or from the construction mechanical equipment must be used where necessary clear of job- related materials. Such work must be increase in the Contract price. free of tracked and /or area. Hand labor and /or to keep these roadways completed without any Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing sewer system. No visible material that could be washed into tormtsewer storm is allowed to remain on the Project site or adjoining streets. A -15 #xcayItion and Removals (NOT USED) All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to sidewalks, etc., are to be considered subsidiary pipe, driveways, - --- -. _ ry to the various bid items for ; therefore, no direct payment will be made to Contractor. A -16 Disposiil /Salvage of Materials Excess excavated material, broken asphalt, other unwanted material becomes the property removed from the site by the Contractor_ concrete, broken culverts and of the Contractor and must be The cost of all hauling is Section A - SP (Revised 12/15/04) Page 6 of 25 considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED The Contractor must furnish 120 square feet of useable and heated and- -must lest 30" x 60" and offiee on the site a The field office must be furnished with separate pay item for the field office. a tie 4-w th 2-4 hour per day A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on mumnk;R days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up this project, if not shown on the drawings, will be provided by HDRIShiner Moseley and Associates, Inc. (HDRIShiner Moseley). Major controls and tw (2) bench marks required for project layout, will be _ - Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. To satisfy reporting requirements of the Texas Commission on Environmental Quality on the project, there will be a grid established for survey verifi.catiop of the storm water detention pond liner and the compacted clay liner shall be verified. There will be a grid established. Section A - SP (Revised 12/15/04) Page 7 of 25 HDRIShiner Moseley will provide the Contractor with an electronic spreadsheet of the grid in Microsoft Excel format. HDRIShiner Moseley surveyors will check all grid points to verify the thi ess of each of the liner system components. The Contractor will provide HDRI hiner Moseley with two working days notice when a particular system comppp�nent is ready to be checked. Any points identified by the HDRlShiner dose ey survey check that require adjustment shall be brought to the proper elevation by the Contractor and shall then be re- surveyed. The additional survey costs shall be paid for by the Contractor. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets and Pavements: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of Stormwater: • All rim /invert elevations • All intersecting lines in • Casing elevations (top of (TXDOT and RR permits). pipe and flow line) (TXDOT and RR permits). at manholes; manholes; pipe and flow line) (TXDOT and RR permits). Section A - SP (Revised 12/15/04) Page 8 of 25 A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to :he Contractor. The Contractor must provide all applicable certifications to the City Engineer, A -21 Projgct Signs NOT USED the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies combination of the foregoing under on a City contract firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing , equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. Section A - SP (Revised 12/15/04) Page 9 of 25 (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, enterprise, as the case 51.0% or interest proprietor or stockholders, of the may be, must be entitled to receive more of the total profits, bonuses, dividends, payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 12/15/04) Page 10 of 25 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 Compliance a Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety. Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the. City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual Section A - SP (Revised 12/15/04) Page 11 of 25 statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Salon Tax Exemption (NOT USED) the Cont - = efts to epe-rate- under a separated eoetraet an defined by promulgated by the Comptroller of Public Account° of Tcxao. If the Contractor elects to -2. Identify in the- apprepriate opaee Other Charges" incorporated into the Project. • proposal value of materials. en the "Statement of Materials and If the Contractor does not elect to operate under a separated contract, he £ubcentractors arc eligible for sales tax exemptions if thc subcontractor also complies with thc above requirements. The Contractor must issue a issues a resale certificate to his supplier. A -26 SupQ]emental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 12/15/04) Page 12 of 25 1 Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Respooyibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builders Risk, Installation Floater, and Professional Pollution Liability /Environmental Impairment Coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builders Risk, Installation Floater, and Professional Pollution Liability /Environmental Impairment Coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builders Risk, Installation Floater, and Professional Pollution Liability /Environmental Impairment Coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 12/15/04) Page 13 of 25 A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any, of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) year recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not'obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration Section A - SP (Revised 12/15/04) Page 14 of 25 staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1 A list of the major components of the work; A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work_ The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre- construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. Section A - SP (Revised 12/15/04) Page 15 of 25 9 Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amend Policy on >ctra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the DitecLor of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City tanager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Condiigi.ons of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligagtion to carry out the provisions of this Contract. Contractor is reminded to attend the Ore -Bid Weetiag referred to in Special Provision A -1. A -34 Prec 4.nce of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) Oricntation Section A - SP (Revised 12/15/04) Page 16 of 25 Prior to performing work Contractor have at--a Visitor/Contractor City Water Orientation Department- at any City water facility, tho Program . - Safety Orientation Program conducted by tho will be offered -by authorized City Water and who desire to perform any work within any City water facility. For additional * 'valve, —e(railiellt-7 related to operated by the City Water Department. owitch, breaker, control, or any other item C. Protection of Water Quality all times. The Contraetor shall protect the-quality of the water in thc job site and shall coordinate its work with the City Watcr All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any eher-items, which eenform----to___ American National Standards Sanitation--Foundation 4AMSI/NST4 Standard 61 as deacr-ibed---in—the Etandard Spccifens-.- Institutc/National The Contractor shall provide the Engineer with copies of written could come into contact with potable---water, Oubeentnaetemist- be contained at all times at the water facility site:- Blowing trash will not be allowed. The Contractor eihal-1--kcep work areas clean at all times and remove all trash eaNTRACTGEt-t8 --9N---&TE--PRPAR-T-1-ON P. Contractor's personnel than orange, blue, or whitc. C. Eentractor shall provide telephones for Contractor personnel. Section A - SP (Revised 12/15/04) Page 17 of 25 must provide own sanitary facilities. muot bc clearly labeled with company- -ame. Ne private emplotcc pereonncl contractor employees area—nor wander through any buildings ether than for required work .e• _ . Y '5 The Contractor or his nubcontraeter prepem±ng to perform the SCi1DA 1. He is regularly engaged in the computer booed monitoring and control system buoincns, preferably an applied to the 2. He hao performed work on syotcmo of comparable size, type, three prior projecto. 3. He hao been actively engaged in thc type of work specified 1. He employe a Registered Profcsnional Engineer, a Control E. C. He oMploya personnel on this Proj.cot who have succesofully and implementing the opccific computers, ooftwarc propoocd for the Contract. He Maintaino a permanent, fully otaffed and equipped RTU6'o, maintain, ..S f ' d h 7. He shall manufaeturer—to the ma3E3 not practical, all equipment of a given type will bc the Prior performance at Plant will be used thc A. H. Ctevens Water Treatment in evaluating which Contractor or 9. The Contractor shall produce all filled out programming required, to add these two systems to the existing -City Section A - SP (Revised 12/15/04) Page 18 of 25 °CAD ___�__ -- syvtcm. and- -iven- the programming phase. The attached sheet i-s an example and Contractor will provide all programming bloeks used. L Trenching Requirements All trenehing for Plant shall be per ()hall be allowed on the project. A -36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 9. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal Section A - SP (Revised 12/15/04) Page 19 of 25 Distribution: Contractor must distribute copies of submittals to subcontractors and suppliers and subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. reviewed instruct 2 Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3 Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED "Thc Contractor must Conservation and Drought includes implementing eater Contingeney Plan as amended (4 he 'tPian ") - This eonaervatiea meaeni.es established for changing thc pre contructien meeting. The Contractor will keep a copy of thc Plan on A -38 Wor3pr's Compensation Coverage for Building or Construction Projects for Goverment Entities The requirements of "Notice to Contractors -B'' are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B -8- 9. A -40 Amenent to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED Priming and het mix paving eperatiens moat net be conducted en days for which notify -Contractor abeut eeene alert. If a delay such as this is-experienced, Section A - SP (Revised 12/15/04) Page 20 of 25 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. Section A - SP (Revised 12/15/04) Page 21 of 25 (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre Construction Exploratory Excavations (7/5/00) NOT USED Prig to any eonstruetionr whatever en- the preeeet, Centraetor shall excavate ich parallel and are within ten fcct (10') of 300 fcct maximum O.C. Contracter shall then indicating thc Owner approximate station elevations of thc top prepare a rcport and submit it to thc City for approval of pipelines excavated and purveyed, as well as thc thereof, distance to the pavement centerline and of existing pipelines. Exploratory excavations shall be paid for on a lump sum heels. Any pavement repair associated with exploratory excavations shall be paid fer -according to thc established until price of pavement patching. Contractor shah provide all his ewn survey work effort (no soperate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Section A - SP (Revised 12/15/04) Page 22 of 25 Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amen4ed "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Errors and Omissions The Contractor shall carefully check these Specifications and contract Drawings, and report any errors or omissions discovered, whereupon full instructions will be furnished promptly. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in the cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications which are not discovered or reported to the Contractor prior to the construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete project ready for its intended use. A -51 Texas Department of Licensing and Regulation (TDLR) The Contractor shall comply with TDLR, Texas Accessibility Standards (TAS) of the Architectural Barriers Act Article 9102, Texas Civil Statues, effective April 1, 1994. A -52 Geotelbnical Investigations A geotechnical investigation of Engineering Testing Corporation Geotechnical Investigation Solid Nueces County, Texas (Report No C- Exhibit 1. the site was also performed by Trinity for the City of Corpus Christi. The Waste Transfer Station Corpus Christi, 1559) is dated June 28, 2006 is included in A -53 Daily Construction Reports The Contractor shall fill out Daily Construction Report forms as documentation and submit the forms to the Engineer by 9:00 am on the first Section A - SP (Revised 12/15/04) Page 23 of 25 work day after the day the work was performed. Sample Daily Construction Report forms may be obtained from the Engineer. A -54 Permits The following permits are anticipated to be issued prior to the beginning of construction on this project: 1. TxDOT permit for jack and bore under SH286. Delay in receiving the above listed permits shall not be cause for delay by Contractor. Contractor shall proceed with other items of work until the permits have been issued. A -5$ Ament to Section B-7-6 Working Hours The Contractor may work seven (7) days a week between the hours of 6 :00 a.m. to 8:00 p.m. Section A - SP (Revised 12/15/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: J.C. ELLIOTT TRANSFER STATION; PROJECT No. 5192 OWNER: CITY OF CORPUS CHRISTI ENGINEER: HDR1Shiner Moseley and Associates, Inc. CONTIRCTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 25 of 25 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: I'FPE OF INSUMINCE MINIMA[ INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. premises - Operations 3. Elcplosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Persoaal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTID $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION BMPLOYRIS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ BNVIRONWBNTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environ*ental impact for the disposal of contami*ants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements B REQUIRED ❑ NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ADDENDUIL NO. 2 ATTACHMENT 2 ❑ The City at Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. • The same of the Project must be listed under "description of operations" on each certificate of insurance. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contrast AdOinistrator at 880 -3500. Page 2 of 2 ADDENDUM NO. 2 ATTACHMENT 2 1 11/30/06 JMR 10" DUC11LE IRON PIPE r DUCTILE PON PPE - 90' BEND 8"x10' DUCTILE IRON PIPE INCREASER 13 INLETS Al AND 81 DETAIL Q.19 SCALE: N.T.S. ' SEOFTt1 • HAROLD T. Bog JO % 90379 . REVISED DRAIN INLET Y REVISION NO. 00.TE BY DESCRIPTION }a? I SHINER MOSELEY 1 LL AND ASSOCIATES, INC. 555 N. Carancahua, Sake 1650 Corpus Chrisd, Texas 78478 J. C. ELLIOTT TRANSFER STATION CITY PROJECT # 5192 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES ADDENDUM NO. 2 ATTACHMENT NO. 9 PAGE 1 OF 1 P R O P O S A L F O R M F O R J.C. ELLIOTT TRANSFER STATION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED Proposal Form Page 1 of 19 ADDEND= NO. 2 ATTACONINT 22 Proposal of P R O P O S A L Place: Date: a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: J.C. ELLIOTT TRANSFER STATION at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: REVISED Proposal Form Page 2 of 19 ADDENDUM NO. 2 ATTACHMENT 22 J.C. Elliott Transfer Station Base Bid PART A - GENERAL I II III IV V ITEM QNTITY DESCRIPTION RIC Total Al 1 L.S. Mobilization /Demobilization complete in place per Lump $ Sum A2 1 L.S. Storm Water Pollution Prevention Plan installation, maintenance, and removal complete in place per Lump Sum $ A3 1 L.S. Early Completion Bonus ALLOWANCE complete in place per Lump Sum $ 30,000 $ 30,000 PART A - GENERAL: $ (Subtotal Items Al - A3) REVISED Proposal Form Page 3 of 19 ADDS NO. 2 ATTACHMENT 2 2 J.C. Elliott Transfer Station Base Bid PART B - SITE AND PAVPT IMPROVEMENTS I II III IV V ITEM QUANTITY DESCRIPTION PRICE Total B1 1 L.S. Site Demolition, including removal and disposal of existing structures, utilities, pavements, and items identified on the plans, complete in place per Lump $ Sum B2 4.1 A.C. Site Clearing and Grubbing, complete in place per Acre $ B3 32,000 C.;3[. Embankment for structures, retaining walls, site grading, landscaping and all other site embankment, complete in place per Cubic Yard $ B4 50 S.Y. Concrete Sidewalk (4 -inch thick) complete in place per Square Yard $ B5 450 g.y, Citizen Collection Area Concrete Tipping Floor and Attendant House Concrete Slab (6 -inch thick concrete and 6 -inch lime stabilized sub- grade) complete in place per Square Yard $ B6 2,300 S.Y. Citizen Collection Area and Access Road Flexible (Asphalt) Pavement (2 -inch HMAC, primecoat, 8 -inch flexible base w/ crushed limestone, 6 -inch lime stabilized sub - grade) complete in place per Square Yard Commercial Hauler Area Concrete Tipping Floor (8 -inch thick concrete, 6 -inch lime stabilized sub - grade) complete in place per Square Yard $ $ B7 2,150 S.Y. REVISED Proposal Form Page 4 of 19 ADDE[ID7M NO. 2 ATTACHMENT 22 PART B - J.C. Elliott Transfer Station Base Bid TE AND PAINT IMPROVEMENTS (CONTINUED) I II III Iv v ITEM QUANTITY DESCRIPTION CE Total B8 3,320 S.Y. Commercial Hauler Area Access Road and City Maintenance Access Road flexible (asphalt) pavement (2.5 -inch HMAC, primecoat, 12- inch flexible base w/ crushed limestone, 6 -inch lime stabilized sub - grade) complete in place per Square Yard $ B9 2,100 S.Y. City Vehicle Concrete Loading Pad and access road at north end of transfer station 8 -inch thick concrete, 6 -inch lime stabilized sub- grade) complete in place per Square Yard $ B10 200 9.Y. Concrete Pad at Citizen Mulch Pick -Up Area (8 -inch thick concrete with 6 -inch lime stabilized sub- grade), complete in place per Square Yard $ B11 1,1x0 S.Y. Flexible Base at Citizen Mulch Pick -Up Area and Detention Pond access pad (8 -inch think limestone and 6 -inch lime stabilized sub - grade), complete in place per Square Yard $ B12 1 L.B. Erosion Control Seeding, complete in place per Lump Sum $ B13 425 L.F. Chain link Fence, 8 -ft high w/ pvc slatting complete in place per Linear Foot $ B14 780 L.F. Chain link fence, 8 -ft high, complete in place per Linear Foot $ REVISED Proposal Form Page 5 of 19 ADDENDUM NO. 2 ATTACHMENT 2 2 J.C. Elliott Transfer Station Base Bid PART B - S B AND PA1 WNT IMPROVEMENTS (CONTINUED) I II III Iv v ITS QUANTITY DESCRIPTION PRI $ Total B15 420 L.F. Chain link fence, 5 -ft high atop Commercial Area retaining walls, complete in place per Linear Foot $ B16 2 B.A. Chain link Maintenance Gate, 8 -ft high, 14 -ft opening complete in place per Each $ B17 400 L.F Containment Fencing, at Commercial Hauler Area 21.5 -ft high, complete in place per Linear Foot $ B18 1 L.S. Site Signage and Striping, complete in place per Lump Sum PART B - SITE AND PAVEMENT IMPROVEMENTS: $ (Subtotal Items B1 - B18) REVISED Proposal Form Page 6 of 19 ADDS NO. 2 ATTACHMENT 22 J.C. Elliott Transfer Station Base Bid PART C - UTILITY AND DRAINAGE IMPROVEMENTS I II III IV V ITEM QUA DESCRIPTION PRI $ Total Cl 150 L.F. Water line piping, 1 -inch dia. Cooper Type L and appurtenances, complete in place per Linear Foot $ C2 430 L.F. Water line piping, 1 -inch dia. PVC and appurtenances, complete in place per Linear Foot $ C3 1,860 L.F. Water main (6 -inch PVC) and appurtenances, including gate valves, backflow preventer with vault, and air release valve with manhole, complete in place per Linear Foot $ C4 2 E.A. Fire hydrants and appurtenances, complete in place per Each $ C3 450 L.F. Jack and bore across SH 286 w /12- inch steel casing complete in place per Lixear Foot Grate Inlets, complete in place per Each $ $ C6 10 E.A. C7 1 L.S. 6,800 L.F RC Box Culvert Bridge (5 -foot x 8- foot box) w/ extended curb headwall, wingwalls, excavation, backfill, and all labor and materials necessary to complete the work in accordance with TxDOT standard details, complete in place per Lump Sum. Trench Safety, complete in place per Linear Foot $ $ C8 C9 6!50 L.F. RCP 15 -inch dia, (Class III), including mitered end sections and riprap, complete in place per Linear $ Foot C10 30 L.F. RCP 12 -inch dia, (Class III) complete in place per Linear Foot $ C11 1S0 L.F. PVC 10 -inch dia, (C -900) complete in place per Linear Foot $ REVISZD Proposal Form Page 7 of 19 ADDENDUM NO. 2 ATTACHMENT 22 PART C - DTI J.C. Elliott Transfer Station Base Bid TY AND DRAINAGE IMPROVEMENTS (CONTINUED) I II III IV V ITEM Q�INTITY DESCRIPTION ICE Total C12 115 L.F. HDPE 15 -inch dia (SDR 17, smooth wall) complete in place per Linear $ Foot C13 20 L.F. Ductile Iron Pipe, complete in place per Linear Foot $ PART C - UTILITY AND DRAINAGE IMPROVEMENTS: (Subtotal Items Cl - C13) REvssSD Proposal Form Page 8 of 19 ADDS NO. 2 ATTACiT 22 J.C. Elliott Transfer Station Base Bid PART D - STORK WATER DETENTION POND I II III IV V IT,* QUANTITY DESCRIPTION PURICB Total D1 1,500 C.Y. Excavation, grading, and compaction, complete in place per Cubic Yard $ D2 1,400 S.Y. 1,400 S.Y. Flexible Membrane Liner, (HDPE geomembrane, 60 -mil thick) complete in place per Beware Yard Geotextile fabric, 12 -oz non - woven, includes sand bags, complete in place per Square $ $ D3 YaId . D4 1,350 S.Y. Compacted Clay Liner, 24 -inch thick, in accordance with the SLQCP, complete in place per Sgvare Yard $ D5 1 L.S. Lift Station including manhole, pumps, electrical and mechanical components, excavation, backfill and appurtenances as necessary to complete the work, complete in place per Lump Sum $ D6 4,400 L.F. HDPE Force Main, 4 -inch dia. and appurtenances, complete in place per Linear Foot $ D7 1 E.A. Fiberglass Manhole, including ring and cover and associated inlet piping (12 -inch HDPE) and outlet piping(3 -inch PVC), complete in place per Each $ PART D - STORK WATER DETENTION POND: $ (Subtotal Items D1 - D7) REVISED Proposal Form Page 9 of 19 ADDENDUM NO. 2 ATTACHMENT 2 2 J.C. Elliott Transfer Station Base Bid I II III Iv V ITEM QUANTITY DESCRIPTION IINIT PRICE Total El 950 C.Y. Structural Excavation for the west and intermediate retaining walls and footings beginning at the north end of the transfer station and ending at the south end of the commercial hauler pre - fabricated steel cover, and the north and east retaining walls and footings, and all other structural excavation required for the project, complete in place per Cubic Yard $ E2 2,100 S.F. Concrete Retaining Wall and footings (West Wall) beginning at the north end of the transfer station and ending at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Square Foot of wall $ E3 450 S.F. Concrete Retaining Wall and footings (East Wall), complete in place per Square Foot of wall $ E4 1,800 S.F. Concrete Retaining Wall and footings (Intermediate Wall) beginning at the north end of the transfer station and ending at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square Foot $ of wall E5 2,400 S.F. Concrete Retaining Wall and footings (North Wall, Commercial Area), complete in place per Square Foot of wall $ 86 1,200 B.F. Concrete Retaining Wall and footings (North Wall, Citizen Area), complete in place per Square Foot of wall $ REVISED Proposal Form Page 10 of 19 ADDENDUM NNO. 2 ATTACHMENT 22 1 J.C. Elliott Transfer Station Base Bid PART E - g RUCTURAL IMPROVEMENTS (CONTINUED) I II III IV V ITEM WANTITY DESCRIPTION RIC Total E7 1 L.S. Commercial Hauler Area Push /Chute Walls and chute stop complete in place per Lump Sum $ E8 17 Ton Commercial Hauler Area Tipping Floor Structural Steel Framing, complete in place per Ton $ E9 1,150 S.F. Commercial Hauler Area Tipping Floor Deck (10 -inch thick including encased beams) complete in place per Square Foot $ E10 25 C.Y. Commercial Hauler Area Tipping Floor Footings and Pedestals complete in place per Cubic Yard $ Ell 640 L.F. Concrete Traffic Barrier (36 -inch high) complete in place per Linear $ Foot E12 440 L.F. Modified Concrete Traffic Barrier (42 -inch high), complete in place per Lipear Foot $ PART E - STRUCTURAL IMPROVEMENTS: (Subtotal Items El - E12) REVISED Proposal Form Page 11 of 19 ADDENDUM NO. 2 ATTACHMENT 22 J.C. Elliott Transfer Station Base Bid PART F - ELECTRICAL IMPROVEMENTS I II III IV V ITS[ QUANTITY DESCRIPTION P�RIIC$ Total F1 1 L.S. Transfer Station electrical and lighting, complete in place per Lump Sum $ F2 1 L.S. Lift Station electrical systems, complete in place per Lump Sum Attendant House Area electrical and lighting, complete in place per Lump $ $ F3 1 L.S. Sum F4 1 L.F. Street Lighting conduit and appurtenances, complete in place per Linear Foot Reimbursement for AEP electrical transmission infrastructure costs ALLOWANCE complete in place per Lump Sum $ $ 25,000 $ 25,000 F5 1 L.S. PART F - ELECTRICAL IMPROVEMENTS: (Subtotal Items F1 - F5) REVISED Proposal Form Page 12 of 19 ADDS NN0. 2 ATTACHMENT 2 2 J.C. Elliott Transfer Station Base Bid PART G - I[ISCELLPJ OUS IMPROVEMENTS I II III IV V IT S' QMANTITY DESCRIPTION UNIT E Total G1 1 L.S. Stairwell at East Retaining Wall (8 -ft high), complete in place per Lump Sum $ G2 1 L.S. Stairwell at West Retaining Wall (16 -ft high), complete in place per Lump Sum $ G3 1 L.S. Commercial Hauler Pre- fabricated Steel Cover, including gutter and downspouts, complete in place per Lump Sum $ G4 1 L.S. Attendant House complete in place per Lump Sum $ G5 3 E.A. Hose Bib, stub -out, and Hose Reel Assembly, complete in place per Each Guard Rails - at Citizen Collection Area, including waste containment mat assemblies, complete in place per Linear Foot $ $ G6 150 L.F. PART G - MISCELLANEOUS IMPROVEMENTS: $ (Subtotal Items G1 -G6) PART H - CAT -IN -PLACE CONCRETE RETAINING WALL I IY III IV V ITEM QUANTITY DESCRIPTION UNIT PRICE Total H1 400 CY Structural Excavation for the cast -in -place concrete west and intermediate retaining walls and footings beginning at the south end of the commercial hauler pre - fabricated steel $ I J REVISED Proposal Form Page 13 of 19 ATTACHMENT 2 2 J.C. Elliott Transfer Station Additive Alternate Bid Items Parts H And I PART H - CAST -IN -PLACE CONCRETE RETAINING WALL: (Subtotal Items H1 - H3) REVISED Proposal Form Page 14 of 19 ADDED= NO. 2 ATTACHMENT 22 cover, complete in place per Cubic Yard H2 4,000 SF Cast -in -Place Concrete Retaining Wall and footing (West Wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square Foot of wall $ E3 2,650 SF Cast -in -Place Concrete Retaining Wall and footing (Intermediate Wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square $ Foot of wall PART H - CAST -IN -PLACE CONCRETE RETAINING WALL: (Subtotal Items H1 - H3) REVISED Proposal Form Page 14 of 19 ADDED= NO. 2 ATTACHMENT 22 J.C. Elliott Transfer Station Additive Alternate Bid Items Parts H And I PART I - MECHANICALLY STABILIZED EARTH (MSE) RETAINING WALL I II III Iv v ITEM QUANTITY DESCRIPTION UNIT PRICE Total I1 105 C.Y. Structural Excavation for the MSE west and intermediate retaining walls and footings beginning at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Cubic $ Yard 12 4,000 SF MSE Retaining Wall (West Wall) beginning at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Square $ Foot of wall I3 2,650 SF MSE Retaining Wall (Intermediate Wall) beginning at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Square $ Foot of wall PART I - MECHANICALLY STABILIZED EARTH MSE) RETAINING WALL:$ (Subtotal Items I1 thru I3) REVISED Proposal Form Page 15 of 19 ADDEMIMJM NO. 2 ATTA 6NT 22 J.C. Elliott Transfer Station BID SU1 iARY TOTAL BASE BID: SUBTOTAL PART A: $ SUBTOTAL PART B: $ SUBTOTAL PART C: $ SUBTOTAL PART D: $ SUBTOTAL PART E: $ SUBTOTAL PART F: $ SUBTOTAL PART G: $ TOTAL BASE BID (PART A THAD ' PART G) $ ADDITIVE ALTERNATE BID ITEMS: SUBTOTAL PART H: $ SUBTOTAL PART I: $ TOTAL LASE BID + PART H $ TOTAL RASE BID + PART I $ • REVISED Proposal Form Page 16 of 19 ADDENDUM NO. 2 ATTAC'NNNNT 2 2 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Bomber of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of C letion: The undersigned agrees to complete the work within 150 calear days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. number) : Receipt of the following addenda is acknowledged (addenda Respectfully submitted: Name: By: (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address: (P.O. Box) (Street) (City) (State) (Zip) Telephone: NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attadhed papers. REVISED Proposal Form Page 17 of 19 (Revised August 2000) ADDENDUM NO. 2 ATTACHMENT 22 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of C C Ordinance 17112, as amended, requires all persons or forms seeking to do business with the City to provide the follow/btu Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME STREET: CITY: .ZIP: FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional spacele necessary, please use the ',verse side of this page or attach separate sheet. 1. State,* swaps of each "employee' of the City of Corpus Christi having an "ovmership interest' constituting 3% or more of the ownership in the above nerd fim. Name Job Title and City Department (if known) 2. State Se name of each "official' of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above named time. Name Title 3. State the nails of each "board member of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in MI above named "firm'. Name Board, Commission or Committee 4. State Ea names ef each employee or officer of a "consultant' for the City of Corpus Christi who worked -on any matter related to the subject of this cataract arld has an "ownership interest' constituting 3% or more of the ownership in the above named *fimr. Name Consultant CERTIFICATE disclaruitthat infonnation is true and correct as of the date of this statement, that I have not knowingly withheld any ; and that supplemental statements win be promptly submitted to the City of Corpus Christi, Texas as ngesW;;:— Certifying Person: Title: (Type or Print) Signature 411( Certillbg Person: Date: REVISED Proposal Form Page 18 of 19 ADDENDUM NO. 2 ATTACHMENT 22 DEFINITIONS a. "Bond Ma ber". A monitor of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. " yeet'. Any person amployed by the City of Corpus Christi, Texas, either on a full or part time ba but sot as an independent contractor. c. "Fire". entity open led for economic gain, whether professional, industrial or commercial and to produce or deal with a product or service, including but not limited to, entities the form of proprletorshp, as self - employed pin, partnorship, n, joint treated os v dons. a shi p or trust and entities which, for purposes c taxation, are orga d. "Cifi iar'. he Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Maus, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Osiers *West". Legal or equitable interest, whether actually or constructively held, in a firm, such intentat is held through an agent, trust, estate or holding entity. "Constructively to holding or dontrol established through voting trusts, proxies or special terms of venture or partner ip agreements. f. "Consultant". Any person or firn, such as engineers and architects, hired by the City of Corpus Christi for tie purpose of professi nal consultation and recommendation. REVISED Proposal Form Page 19 of 19 ADDENDUM NO. 2 ATTACHMENT 22 PART C FEDERAL WAGE RATES AND REQUIREMENTS General Decision Number TX030039 06/13/2003 TX39 Superseded General Decision No. TX020039 State: TEXAS Construction Type: HEAVY County(ies): NUECES SAN PATRICIO HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 06/13/2003 COUNTY(ies): NUECES SAN PATRICIO SUTX2052A 12/01/1987 CARPENTERS (Excluding Form Setting) CONCRETE FINISHER ELECTRICIAN LABORERS: Common Utility POWER EQUIPMENT OPERATORS: Backhoe Motor Grader Rates $ 9.05 7.56 13.37 5.64 7.68 9.21 8.72 Fringes 2.58 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: 1 an existing published wage determination * a survey underlying a wage determination Page 1 of 2 1 1 i»r'nn< Page 2 of 2 * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1,ttr.• / /.,�:....,, .1 ,r..<, /,,. 7 i/ fil , i 7 ... t rry -,n J__t A G R E E M E N T THE STATE OF TEXAS § COUNT! Or NUECES § THIS AGREEMENT is entered into this 19TH day of DECEMBER, 2006, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Longhorn Excamptor1, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $3,835,907.25 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: J.C. ELLIOTT TRANSFER STATION PROJECT NO. 5192 (TOTAL BASE BID + ADD.ALT.H: $3,835,907.25) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 J.C. Illiott Transfer Station Rase sin P T 11 - P1LMS A- OMMIIMAz: 1 , _ (Subtotal Items Al - A3) "rood Fora "ago 3 of 13 aeo_at MO. 2 asatrONOIr 22 I II III IV V =SCRIPT/0B mat Pat Total • �l 1 L.B. M ilisation/De®obilisatian complete in place per Lu P CM � ��? 000,4' �� , D� Eo , 12 1 L. S. bra Mater Pollution PleventiOU Plan trey ovaall con tee in place Sum 22.. _.. _, $ 1-2,-)-1` A3 1 L.S. ly Completion sons Al LM N= complete in place Lump S $ 3 00 • 30,000 ,per P1LMS A- OMMIIMAz: 1 , _ (Subtotal Items Al - A3) "rood Fora "ago 3 of 13 aeo_at MO. 2 asatrONOIr 22 J.C. Elliott Transfer Ration Sass aid I 21 3.22 ry V mos ausenTr Dsec*Z!TIOK ID s Paws Total 81 1 14.8. Site remolition, including removal and disposal of existing structures, utilities, pavements, and items identified on the plans, complete in place per Limp Bea �: l -71_ ^ ,�� $ 21,5 ' "' HZ 4.1 A.C. site Clearing and Grubbing, complete is pis per Ig 54.-1°- .'` .� ; s 5300 -' s3 32,000 G.Z. ,t for structures, retaining walls. site grading, laudseaping and all other site embax anent , complete in place per «..i- !! a ' D i 1112-4000.--- H4 so 8.T. Cone , • 8 ik (3 -inch thick) complete in place per re Y / jO $ (,,ono °'' 115 45* S.Y. citision Collection Area Concrete Tipping Floor and Attendant House concrete Blab (6 -inch thick concrete and 6-inch lime stabiized sub- grade) complete in Yard 7 3• £ a' 33, 2 d, -- i6 2,100 'Z' ti Collection Area and Access Road Flexible (Aspbalt) � (2 -inch 18824, primecoat, 8 -in* flexible base w/ crushed limestone, 6 -inch lime stabilised sub -grade) complete in place per Yard x 81-,500x' 87 3.150 S.T. ial Hauler Area Concrete Tipp'9 Floor (8 -inch thick concrete, 6 -inch lime stabilized sub -grade) complete in place per *Palle Yard 'ter' t a / b aflOSID Mimeo% sec. Pe4s 4 of l4 amemotsm amp. 2 INTSCZNart 22 J.C. iliiott Transfer station Hass Sid Prqperal Pots sacs $ of x! AzgeNDOM 10. 2 aTTadleila 22 - a7 4ININIff a- ••■∎..n n..,.nmwn. --. m i I .- II III tv v _?R DMOCRIPTIOM .. UMOT nxCz Total I He + 3.320 S.Y. Commercial hauler Area Access Road and City Maintenance Access Road flexible (asphalt) pavement (2.5 -inch HNhC, primecoat, 12- inch flexible bass w/ crushed lime*tcme, 6 -inch lime stabilised sub - Trade) complete in place per !mar Yard 9 $=: =-- ; 3�i 1`1% SO x,100 S.Y. City- T4hicle Concrete Loading Pad" and access road at north end of traafer station 8 -inch thick concrete, 6 -inch lime stabilised sub ) complete in place per Square Tard, 3 1'6_ 'y" - $ 4 3 . — 110 160 B.Y. `Canasta Pad at Citizen Mulch Pick-Op Area (8 -inch thick concrete with 6 -inch lime sta*lized sub - grade), complete in place per !mare Yard --it- S 'S' ^. .. 111 1,100 H.Y. Fle#4ble Haze at Citizen Mulch Pick -Up Area and Detention Pond aces pad (8 -inch think litone and 6 -inch lime staHilised nub-grade), complete in place par Square Yard 1ta_ �. s Zp' y (p0 f Sim 1 L.B. won Control Seeding, complete in place per Lump Sum a- 91000• ` :.o ; 9 0D0 — , e13s L.P. Chain link race, 8-ft high w/ P slatting complete in place per Linear loot 3 $ j i; 31$ 2 =� AlA 700 L.P. Chain link fence, a -ft high, complete in place per Linear loot me- s f -j k`i`/. c Prqperal Pots sacs $ of x! AzgeNDOM 10. 2 aTTadleila 22 J.C. illiott Transfer Station Base Bid 1 _== Iv v 40 DMCRIPTIC MIX MICE Total 815 420 L . ! . Chain link fence, 5 -ft high atop Comme vial Area retaining malls, complete in place per Linear Foot fnv 10•- * c-, 1 E1Z --� 216 2 B.A. Chain link U,intenanCe Gate, 8 -ft high, 14-ft opening complete in place per Sarah Z, o `� ` f �2 0. cv • ' 217 400 L.1 Containment Saucing, at Commercial Hauler area 21.5 -ft high, LiMADOf Mate in place per q y. -- • 31, In.'' 218 , 1 L.S. Site lignage and Striping, oclapZrte in plr ZedSUS S 4 l s 0 . "- At 11,,s-o.c).% „__ PA f1 - S=TS AND PAVININIM : $ 9 `1 a , 915. (Subtotal =teas 11 - 110) Sao Propeal lesw Page 6011! aa1r so. 3 22 25 J.C. Uliott Tremolos Station 1saa did raw e - Mow !fl!lRdll ti 1 1.Z 1.11 IT Y IMetr i ana pipiaa. 1 -inch dta . Cooper typo L anod% in rte'* 1• place t ogrt �o # 12 1 S . Cl 160 y.6. p g4 02 430 f.. s. 1.ede L.P. Miter (6-left PVC) and IMPKrbilleaces, including gets valvsa, backllow pw venter with vault, and air release valve with wo ols complete in place per io o_ o' i /02,111 . 0 1100.41. c4 sae ss�re , a and appurtenances, in a lass 9, - Cs 450 L.P. bare sateen SO 2tt w /12- inch ahael casing complete in plane 2 SS- `''' 6 - L�, 25�. — Ci is pea. t>avate *let', complete in place per 3,3 '. 6 33Fc)o0 . °— ■ 1 L.S. + uLvert Bridge (S-toot x S- toat b*) v/ ext.alsd curb headwall, w&ngwalts, excavation, bec still, a©d all lelbr and materials aesealary to 00 r the cask in uacassrlmmcs with WOO? * amdaxd details, complete in place_ApE_Lum AIL ' . '7s. o0° a -- $ 7 , Ly 1. L* t ah: ty, complete in place per tCP 15 : + —:- din, (Clair xx'!) , inc�lud mitered end sections and riprap,. complete in place per 3 -"= .� 0 2o, ice ,_"' . 18. — CS 150 L.P. ■ $ 3 I i r C20 10 SAP. __ 12 -inch din, (Class 1) t5. = • 11 3 5 c 5 i . ''��¢ an 150 L.l. ., PVC 10 -inch din, (0-500) complete in Playa r+at '7, b 5E?. tJ- saw m. ---I nose 1Aip 7 at 3! �sersert ss_ i S2 J.C. Elliott Transfer Station Ease aid I It 222 IY V 1TMA IPTIAI a Total 1 C12 115 L.P. ADP* it incb dia (SDA 17, smooth wall) couplets in place per Linear el" 7_ � =� $ F:b ZS, poot ` C13 260 L.P. Ductile Iron Pipe, complete in place per Ltd Foot (73,C= $ (b 300:6- PART C - UTIL2TX AND DRAINAGE IMPROVEMENTS: (Subtotal Itarew C3, C13) Proposal maim Foss ros • of 131 457, Zb'i. `'= sAmIONDwt ■r. 2 ' 22 J.C. slliott Trennfer Station Base Hid 8?088t P& 0M MOD x II 11I xv V MK ipsmirivv romsClavvxam uMIAT PSZCS Total D1 1,300 C.Y. g :ovation, grading, and coapaction, complete in place plif cubic Yard e, or, $ 4 isoo . _� D2 1, 400 8.Y. PZlxible Membrane Liner, c Pi geoaembwane, 60 -nil thick) complete in place per Y / IS $ q .arc t. D3 1,400 8.Y. OsDt xtile Fabric, 12 -oz non- woven, includes and begs, cesplete in place per Bquare 7S 3" o $ pa Y 1,350 8.r. pwcted Clay Liner, 24 -inch thick, in accordance with the s IQCO, complete 3.n place per Y is. 'r $ 7I .Z 9 0. D9 1 L.S. L F L" t Station including manhole, pumps, electrical awls mechanical components, excavation, backfill and agpurtenances as necessary to complete the work, complete if -place per L- IO'i Force Main. 4 -inch dia. atd appurtenances, complete is place per t 5c_ 7th.'- ( �' 7�? co $ 10 2. Ai 101 (,,-)0 . r D6 _ D7 1 s.s. .- rgless • . e, including ring and cover and associate! islet piping (12 -inch HDP=) sold outlet piping (3 -inch FOC) , complete in place per • ",� 0 c 9_ tP ow MST n - STOSI 1 T DITMOTION POWs $ `tU , i 20. (Subtotal Items D1 - D7) WIMP rsapwl foss tsys s et 19 422ACIIINNft 22 J.C. 1lliott Transfer Station Sue Bid ,aaw t II III 2v v ITEM .\.QURSOIX2T a DsSCsPTTCN UNIT MCI Total sl 9150 C.T. Struct$ral Rxcavation for the west and intermediate retaining walls and footings beginning at the north end of the transfer station and Ring at the south and of the commercial hauler pre-fabricated steel cover, and the north and east retaining walls and footings, and all other structural excavation required for the project, complete in place per tic yard 4 `__ $ 3:1 5_ '� . ' 12 ■ Z. iN O.P. Comore Retaining Nall and footis Meet Ma11) beginning at the north end of the transfer statism and ending at the south and of the commercial hauler pre- fabricated steel cover, complete in pl per of wall '13- 154 35D $ i s3 s S.F. 4 0 1 Qamcze Se and footi>gs (Bast Nall), compete in e of Mall , 25 s� $ j, 3; �i{� Z. —. 1,800 2.7. ... Retaing Nal and foetiM$s (Intermediate Mall) beginning at the north end of the treader er station and ending at the south end of the commercial hauler pre -fs ricated steel cover. ure Foot complete in place per sqma rI Z 1i+ * d 13%1058. of wa ■ Mss 2,400 1. Mr. C Retaining Wall and footimgs (North Nall, Coemercial Area), complete in place per of 1 �y = ='"� $ 55,1 b C. " ....__ ft- 1,210 s.l. Como Retaining Mall and footings (North Mall, Citizen Area) , complete in place per Foot of wa7.1 10 " "� vo $ 5 i {; 4O. r , asrsssD rropolai Mau Pow 10 of 10 ADDINIMaK !D. 2 aster 22 J.C. Elliott Trader Station Base Sid women.. - .+..-- - .-.,- w----------- IV Y 1 II III I2 DIBc*X1TIOU eZZ p11I09i Total or 17 1 L. 9. Cbrweroial Hauler Area Pesh /Chute Balls and chute stop complete in laae ser Lump Sum 2-1W-°- 00 4 2.1(#. cam, — se de 17 s CommeiCial Btuler Area Tipping Floor Structural Steel Framing,.lo_ cooplite in place per Tom Or *. W�''6 - r4 e 1. Lsi 9 . F. ial Hauler Area Tipping Floor peck (10-inch thick inclulg encased beans) complete 44021ime per Symms Foot 5-7 `�° $ 6 S�;s . `° vG * k $oo• - 110 25 C.T. COmmeenial S auler Area Tipping Floor Footings and Pedestals @e� is Yard_ as ,-- ,o 1^ $ 105i 1 W. r 111 `-� 600 L.P. a Traffic Barrier (36 -mach high) complete in place per Liner_ 112 400 L.P. ::31 ''' tied concrete Traffic Barrier (42 -fish high), complete in place WV LAppr root 5, �}5 = Ski $ ��. . SINT s - 9?JDC'TOBAL : (Subtotal Items n - 112) ?.. 14s1 son POW 11 0t 1! $ 13o I zo. awes s0. 2 iffilkellfilift 22 i J.C. Elliott Transfer Station Base Bid - _ I 11 III v M ■[ nMSCRIPTIOr UEZT esCE Total 71 1 L.S. T*aasfer Station electrical and lighting, complete in per LUMP Sum iiQ �,,c7 1 - $ liter sZ 1 L.8. !ince ft Station electrical systems, complete in place L ao 15` o� $ 0 000. 73 1 L.S. tendant louse Area alectrical and lighting, complete in place per Lump c'' 2�. � L3 �Cx: `e 74 1 L.l. t Lighting conduit and mss, complete in per _ Poet , I.1 3 75 1 L.B. ._ l rsemost for AMP electrical transmission isfrastzucture costs ALLONA*CE complete in place $ 7 5 $ 25,000 PART P - ELECTRICAL TEESOTEMEET91 (Subtotal Item. 71 - 75) ,:.:.MO Proposal Para Tags 12 of 10 111191111211111 so. : a►srseaamrr 23 J.C. =lliott Transfer Station ease Bid mrw ! misc ixx I II 111 1V V rat Wham! D IPTICB PRZCS IT Total a 1 L.S. ...1) Stairwell at East Retaining Wail (8 -ft high) , complete in per Lug SUM (5_ ice $ )5:1(.0°. iQ 1 L.B. Mall (14- ftthigh) , complete per Lamp Sup Zit, ?a0. ; - $ V, ?00. - 43 _ 1 L.S. dace vial Hauler Pre- fabricated Steel Cover, including gutter and o d spouts, complete in place p % a 2R�►�° co $ ?! voa 44 i L.8. A emdant House complete in Par WILIVE- 14 .coq $ 1 `I t,00, `'% 15 3 M.A. 150 L.P. H Bib, stub -out, and Hose Reel Assembly, complete in �Rails s-at Citizen Collection Area, including waste containment sat as *emblies, complete is place Per Lac Mot te- 2_St- ac $ &l b -- Z 13.- o3 $ 31, `tSo • 86 parr - are-331- PAR? a - IaSCWJSIvwa : (Subtotal Items 31 -36) 319, 64 - `r= r xx ixx xv v ITER QUMMTITT DISCRIPTIOR MIT PRIM Total 11 4H tural -,- ticn for cast-in-place concrete west and intermediate retaining walls and footings beginning at the south end of the commercial haur Vie- fabricated steel 0i `- 41: / f �� $ r- -- c awsa� Polgoaat Pea pogo 13 of 19 3. J.C. slliott Transfer Station Additive alternate Sid Items Porta M And I PARS s- CA107-1N -PL camems mamma MILL: $ 361 (Subtotal Ito MI - E3) .s.:wo hoaewt rm Page 14 .1 13 sWINWIMINIC. 2 Si cover, complete in place per Yard R2 4,000 81 Cast -in- Place Concrete Retaining Nall and footing (Melt Mall) beginning at the south end of the commercial hauler pre - fabricated steal cover, complete in place per RAW FOOt off mall 53.t. "Li 3��o.a, $ , Z, O Cast -in -Place Concrete Retaining Wall and footing (Intermediate Wall) beginning at the south end of the commercial hauler pre - c 1a� steel cover, complete in place Pe r Poc8 of well 56. r$ 50 1501 Ni.— _� PARS s- CA107-1N -PL camems mamma MILL: $ 361 (Subtotal Ito MI - E3) .s.:wo hoaewt rm Page 14 .1 13 sWINWIMINIC. 2 Si J.C. Elliott Transfer Station Additive Alternate Did Items Parts 8 And I HAT X - AM •Y STIMILIS2112 Si>>t!M 3) 1ALL x _x III =V V IZ' IPTIOK Strctural Excavation for the MSS west and intermediate retaining walls and footings beginning at the south and of the commercial hauler pre- fabricated steel cover, coeglets in place per Cubic MIXT PRICE IOC) T� �� Total $ FJ+ �j - I1 ifs C.Y. Ye 22 4,foo sr iw *staining Wall (West Wall) beginning at the south end of the commercial hauler pre- steel cover, complete in plans per Square ND 6.l t4���, $ 1"° 610 of wall 13 2.150 SP R:staining Wall (Intermediate Wall) beginning at the south end of the cos ercial hauler pre - fabricated steel cover, complete in place per Square � e 9 $ r�� Foltrot wall par I - CA T STAB/LII PUTS MOW 1 a LLs $ v orb (Subtotal Items I1 tiro 13) SOMMIO Proposal 5055 Page 15 of 1! -. 2 ATIACiallir 32 J.C. illiott Transfer Station SID SUIiAARY TOTAL DAM BID i 80DTOTAL PORT 1; sTaL Psi? e: 80OTOsAL PST C: P O O P O T O L PsiD: s01TOTDL POW 1: I *TO"1AL POW Ps POOTOMIL PORT a- TOTAL » sm (PAM a MeV mar O) ADDAIls aisiMINTO BD MEM z SOOTOMIL PONT R: OUNTOILL PST Is Torte nal sa® 4. POs! If TO"t* &WO DID PAIN 151,500.'5=- s 199 "11 • L 51, z bLt. $ 1Ct0, 'j2o. 113o 9Zo.�= 3-?6t 1114, .°—c s 3,1-M5 ,135. ?S' $ S(91 lit, s5 $ NO 8 Y? 3L 5 Kw 642 Hoporai soya Paw 34 of 3.9 atr MD. 2 £T?TT 22 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPR Al TO L8 FOIW : s By: 1/7 Asst. City Attorney ATTE °'- f Cor•or. .`on) • J (Seal ( ow) (Note: If arson signing for corporation is not President, attach copy of authorization to sig.) CITY OF CORPUS CHRISTI By: Ronald F. Massey, Asst. City M of Public Works and Utilities BY: A ��/1,4c*/ i/7/®, Angel scobar, P.E. f Dire for of Engineering Services Vice President 8653 FM 2759 (Address) Richmond, TX 77469 (City) (State)(ZIP) 281/937 -9700 * 281/937 -1207 (Phone) (Fax) ear eouricu... :11:.. '.� Agreement Page 2 of 2 8653 FM 2759 RICHMOND. TX 77469 Longhorn Excavators, Inc. "WE DIG TEXAS" OFFICE 281 - 937 -9700 FAX 281 - 937 -1207 CORPORATE RESOLUTION I, Sohn D. Parker, Secretary of Longhorn Excavators, Inc., a corporation organized under the laws of the State of Texas do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said Corporation, duly and regularly adopted by the Board of Directors in conformance with applicable law and the by -laws of said Corporation on the 1st day of August, 1998. RESOLVED that Michael A. Parker, President John D. Parker, Vice President/Secretary J.D. Parker, Vice President are hereby severally authorized and directed to execute any agreements, contracts, proposals and bonds for, on behalf of, and in the name of Longhorn Excavators, Inc., as the case may be, in any manner and on such terms as they or he may deem advisable. Be it further resolved, that notwithstanding any change to or termination of-the foregoing authority by operation of law or otherwise, any originator of such agreements, contracts and bonds and any assignee thereof shall be fully protected and held harmless in relying and acting upon said authorization until they shall have received written notice from the Corporation of any such change or termination. I further certify that said resolution has not been amended or revoked and is still in full force and effect. In witness whereof, I have hereunto set my name as Secretary and affixed the seal of said Corporation, this 3rd day of January 2007. Parker, Secretary PROPOSAL PORN FOR J.C. ELLIOTT TRANSFER STATION D2PARTIIIIIT OP annumuenos 2112VICIS C/TT OF coau cixtn. TXRAS IMMO !moo 11 Poi. Page 1 of 11/ AIIIIIIIMall NO. 2 )FIT 22 PROPOSAL Placa : 1201 Leopard Street, Corpus Christi, Tx. Date; December 13, 2006 propoliai of Longhorn Excavators, Inc. , a Corporation organised and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corgis Christi, ?sans Oaaease: The undersigned hereby proposes to furnish all labor and matarriald, tools, and necessary equipmient, and to perform the work reghired for: J. C . ILLIOrr T MTIWZOM at the rations at out by the plans and specifications and in strict accordanee with the contract documents for the following prices, to- wit: asnaa• PccpoNa Vora Page 2etIII r■t WO. 2 • 211221M212111112' 22 J.C. Iiiiott Transfer Station Sage Bid err a - aOMMMAL X 2= 221 XV v 21111 VONSTUT DISCILTPTICK PI Z= Total Al 1 L.O. M ilization /Demobilisation complete in place per Lue p b �i9_ twee $ Je(, D '� 32 1 L.S. ra Water Pollution prevention Plan imptallation, maintenance, and removal complete in place LZ• -- tf 0 ZZ-S 3• A3 1 L.O. M!' y Completion Bona AMONANCR complete in place RgIr Lump Sum $ 30,000 $ 30,000 PAM i - 1 Ls $ 151, 5=P0- (Subtotal Items Al - A3) Pregooal Tom vale of 19 3111011113111 aa. 3 asefreSINNIE 23 J.C. llliott Transfer Station Base Sid AND Pk iMMOVIMMOTS I 11 III Iv v ITaR Qualinvir DSSCBIPTXCII ? Total 32 1 L.S. 4.1 A.C. - Site Ahmolition,including removal and disposal of existing structures, utilities, pavements, and items identified on the plans, complete in place per hu i —_--, ,�-> • Vl1.S • .� Suit Site Tearing and Grubbing, cowphta in piece par e 13y' $ SS 3fo ..4'.:= 32 . B9 32s804 e,f. +an1ent for structures, retailing Malls, site grading, 1andseaping and all other site e■ nt , complete in place per c-. op - i $ 19 �' r B4 50 S.Y. C nc e S deaaik (4 -inch thick) compl+te in place per !r /1-0. r' $ (oioac. °=- 35 454 S.T. Citizen Collection area Concrete Tippisg Floor and Attendant House Slab (6 -inch thick Crete and 6-inch lime stabilized sub - grade) complete in .ItlBce 894irs Yard ' i l3 — CO $ 3 Z10.�- s6 1400 8. ;. ditimen Collection Area and Acces* load Flexible (Asphalt) (2 -inch B C, p©cimecoat, 0-indk flexible base w/ crushed li.meonome, 6 -inch line stabilized sub - geode) complete in place per Hauler .2 a 2_,500 S B7 2 50 S.=, iaall Ara Concrete Tippi�llg Floor[ (8- inch thick concrete, 6 -inch lime stabilized sub - grade) complete in place per fire Yard v 3C' 0 by swamp Proposal son Po o 4 of if 21121.110011 sm. 2 2 r+sssrt 22 J.C. Illiott Transfer Station Base Bid P B - PT 1 T •(O ) I 3I 111 1V Y Qi TTY DB�RXITICK PRICII Total , He 3.330 p.Y. ''Com vial Hauler Area Access Road and City Maintenance Access Road flexible (asphalt) pavement (2.5 -inch IIUC, primecoat, 12- inch flexible base w/ crushed lime$tone, 6 -inch lithe Stabilised sub - grade) complete in place per Swale Yard St' 410 $ i 3"� , B! 3.140 S.Y. City Vehicle Concrete Loading Pad' and access road at worth and of trasier station 8 -inch thick cona'ete, 6 -inch lime stabilized sub - grade) complete in place per S Yard —N3.33 r oe $ !b`Iii3L.�- *1S 148 B.Y. Conc ete Pad at Citizen Mitch Pick -Op Area (8 -inch thick concrete with 6 -inch lime stabilized sub - grade), complete in pace per sonars Yard -1J S- 'r $ 15.3`-' -� B11 1,100 a.Y. Fl - ' . le Base at Citizen Mulch Pick -Up Area and Detention Pond accosts pad (8 -inch think limestone and 6 -inch lime stabilised sub- grade), complete in Asia* per Square Yard '2 $ ¢_ 1- ) `� (v 4 ° B1= a L.S. *roe .oei control Seeding, complete in place per Lump Sum G1 ,,,� Iti0�. -o $ 9 �U v 313 431 L.F. Chain link Pence, 8-ft high w/ slatting complete is place per Linear Foot 33 $, J`it318,ZS 314 734 L.F. Chain link fence, 8 -ft high. complete in place per Linear Pant 11 , ' $, l�j `��y mws� Proposal lion' Pave 5 og x! sy-ONLOR WO- t Ate! 22 J.C. Elliott Transfer Station Hue Bid 1 aI • ItT TV V DEeCIIBIT011 UNIT PUCE Total B15 420 L.P. Qbaii link fence, 5 -ft high atop C 'cial Area retaining malls, complete in place per Linear Foot, 0 b° ID- ^ c, * 1 XA Z . _ B16 2 E. A. Chain link Maintananee Gate, 8 -ft places 14-ft opening h complete in Z, a r ° �� cv `� ,O z o 817 400 L.r Oontaisis.nt Fencing, at Commercial Mauler Area 21.5 -ft high, complete in place per Lice Foot /6) / 0 3 y M °- 818 1 L.S. Site '$ignage and Striping, eteplote in place rer LMT Bum . t`S o °` -=-- mar 8 - BITE AID PAYMENT IMaMONE�'fa: $ `1 B `1151 Zs (subtotal /tams 21 - 110) UMMUM Proposal Foes Page 6 04 is aDDa P . ND. a ATERASINIit as J.C. llliott Trialli. r Station Sass Sid /We C imam awe illunaas nellovIMINN 2 2 ut XV V MOSIZTE Mart MCI Ica Total 100 L.P. Water: ins piping. 1 -inch dia. Coopee4 Type L and in _ •• Do ��:..�.. i ► S 0 =. _- •-- = ---- -- ,,. Ca 430 L.P. line • ing, 1 -inch dia. PVC *minces, complete in place s. . Ir. C° # S 3 �S, _,,.,...... -.-_ C3 0.1100 1.44. (6 -1n0h PVC) and eppureasmacee, including gate valve., backtlaw prvanksr with vault . aad air release valve with agat M, complete in place per x ry 9� a) . % • ,__ Ce 2 1.1. » tai and appurtenances, in lace 0 q 7 Sa' Ca 051 L.P. 3mck bore Aaron 401 w- 3sreh .eel casing co pleteVin/placa Root „ Do $ 112 ZS9. -- __ c4 io a.e. Orate Inlets, complete in place per • 33°00. ".� 0 1 L.O. • _" Culvert Bridge (B-loot x 6- f oot Beat) M/ extended curb headwall, win la, . osvetian, backtill, and all and uatarial.e necessary to the work in aoea r details, completes in 780 0 . 1 `-, $ 7 3Pc. , C0 09000 a.s Safety, complete in place psr 3�, - 0 • ' 0, co, y C0 so L. p. -loch dia, (Class III) , imcluging mitered and sections and r ,• �elt# in pa,aca per x1 , 48. `" 0 31, 7 — CU 3@ L.P. ICI -Lech die, (Clam In) 45• '-='-'- $ i i 350, , Cil 13$ L.P. PVC 1i -inch dia, (C -100) ooimplat a in 5�= 0 `l, (7 XI =- wane eselert Foes lime 7 of Ji 2212111111111021 SW- 2 it It 22 J.C. slliott Transfer !Matt= Base Bid mix ate- Nab Dital MIR 231020011111201111 (commosi) tit IV V 1 12 =MK MAMMY misCRIprialit UMM? Total C12 . 115 L.P. HOPI 11 -inch dta (2DR 17, smooth wall) complete in place per Linear 1 5.� $ s; 6Z5:-= Foot C13 260 L.P. Ductile i r o n Pipe, complete in place per Liiimx Pout 423.E:2 $t ' ' PAW C - OTILI'rt ,5D nu : $ y 5 7% z?-)4- (Subtotal Item C1 C13) rasgowl from ANIONIONIE NO. 2 ATIAZIONSIr 22 STOMA J.C. =lliott Tweedier Station Hasa Hid OD MID PhA T D - 8T0SI 1 TU tion POWs ; °C) L 1120. (8ebtotal Items Di - D7) Proposal Perm Mee P et 13 ,moon so. 2 azsacsrw't 22 II 111 1v v mai ! DROCRIFTt0M MOD Total 101 1,500 C.Y. ibtavation, grading, an ca paction, complete in place Cubic ,,, _,,,,_ so ; 4 iS ' $ 9f 9.50 :: D2 1.400 8.v. P - e s� ane Lines, (MOPE geomemb rane, 60 -mil thick) complete in place per Yard H3 1,400 S.Y. textile fabric, 12 -02 non- G�! woven, includes sand bogs, complete in place per Doors /� 3 ' $ " Y 1�4 2,350 P.Y. tee! Clay Liner, 24 -inch thick, in accordance with the SI CP, complete in place per Tort g 4.s $ 1 _- 9 D. op D3 1 L. 8. L t Station including whole, .pumps, electrical pima aechwnical components, excavation, avation, beckfill and aggurtenances as necessary to cplete the work, complete om in place per Ian fum 5, .- `, t j %G)7 ° ; . D6 4,400 L.P. an Porce Min. 4 -inch dia. amd appurtenances, complete is lace p per to Z� # �Di b` 0. aT . O.A. Fiberglass mole, including ring and cover and associated inlet piping (12 -inch WPM) awl outlet piping (3 -inch PAC), complete in place per 6t 0. v0 ; (t9 � PhA T D - 8T0SI 1 TU tion POWs ; °C) L 1120. (8ebtotal Items Di - D7) Proposal Perm Mee P et 13 ,moon so. 2 azsacsrw't 22 J.C. llliott Transfer Station Hale Hid I II III IV V 'TOM ' MOM! DISCRZ!TIC men Total !1 no e.T. Structural Ileavation for the west and intermediate retaining walls and footings beginning at the north end of the transfer station and arcing at the south end of the commercial hauler pre-fabricated steel eover, and the north and east retaining walla and footings, and all other structural excavation required for the project, complete in place per cubic 4: '3 $ 3;13 5. 12 Z, iN e.l. Cone Retaining Nall and footings (West Nall) beginning at the north end of the transfer static*► and ending at the south end of the commercial hauler pre - fabric*ted steel cover, complete in pl per imp It of mall rr�� go 13_ $ 15y, 35�p �° 23 430 CF. Retaining Wall and footings (last Wa11) , co plete in • lace of 1 - $_ - 3; b ' s� ■ 1,841$ S.1. Cone Retaining Mal and footings (Intermediate Hall) beginning at the north end of the trWaf$r station and ending at the aouth end of the commercial hauler pre-fabricated steel cover. complete in place per Sonar. zit = $ i31,058, of wall NS 2,400 S.l. concrete Retaining Nall and tontines (Worth Wall, Commercial Area) , complete ire place per Fc9t of wall fry '55 1jpQ m, $ r as 1,300 S.F. Comarete Retaining Nall and footings (Worth stall, Citizen Area), complete in place per e Font of vest �0 41• — $ 50, (4©, RORMID P:apooa1 Pore Pogo 10 of 10 Ada[ !n. 2 ameassr 22 J.C. Elliott Tr nnfer Btation Base Bid s ; (1IMM►) 1 II III IV V ITER G B TTT DE�=PTIO1 Q Total F 17 1 L.B. C mmelCiel Mauler Area Push /Chute Mal1s and chute stop complete in -lace Bus► o., ZI4,CX0. ov 4 244.°ate - se 17 Pecs Commebcial Mauler Area Tipping Floor Structural Steel Framing, gotta in place per T_ +�0_ $ 11 ?) S 5° `a ., =9 1,110 S.F. ial Mauler Area Tipping Floor Deck (10 -inch thick including encased beams) complete im llIce per Square Foot yo 5.7• 110 25 C.T. Comme*cial Mauler Ares Tipping Floor Footings and Pedestals plops per Cgbic Tar , am. -- OD $ I (, OO• '— 111 600 L.F. cadsin e Traffic Barrier (36 - iaoh high) complete in place per Lime= 1 $ 1 05,14° c? F4pt 112 400 L.F. nodified Comorete Traffic Barrier (42- isch high) , complete in place per lAnear Foot 45 00 $ qCO N -% . PART 1 - STRUCTURAL IMPMOVIORMTBI (subtotal Items 11 - 112) Proposal Form Pala 11 of 1, 2211111•11111111 _ so. s AsTaammirt 22 J.C. llliott Traosler station Rase Sid mama I r II =II Iv v ' ITN' =ASCRIPTION uses Total 11 1 L.B. ransfor Station electrical and lighting, co■plate in IPam Per ( L1raq) $ 95 pro, F2 1 L.S. Lift Station electrical systems, caplets in place co 1' __ _ 02 0 1 S� 000 . 73 1 L.S. attendant Rouse Area electrical and lighting, e cmplete in place per Lump, Z � �� $ Z3, R. 74 1 L.P. - rest Lighting conduit and • enances, complete in ..> - ,t `i ,�, * �S.3 - P6 1 L.S. *burseaat for ]WP electrical transmission infrastructure costs 2i .L011AXCS complete in place Apr 'AND St* $ 25,000 `--' $ 25,000 PART ! - E.aCTRICAL 1NORavamsTse (subtotal Items P1 - 75) earsama Proposal ems. Paps 12 of 1! 1140 occi 112111111111,11N !D. ! .22121011•111F u J.C. =lliott Transfer Station Hass Bid Pte' a - Ersciasamicen aarsovissarros $ 319, b - (Subtotal Items 01 -06) - err -TN- 1 TT er't/ 1 11 III ry p rTfN QUANTITY DaSCRIPT1ON psscs Total 01 1 L.8. • Stairwell at East Retaining wail (8 -ft high) , complete in Per 9 9t aiiz zwell at Mast Retaining 1 11 (16-ft high), complete 11:!ace per r, aD 8Hp rcial hauler Pre - fabricated Steel Cover, iacluding gutter and downspouts, complete in place ;�, t 51 c.,0 $ 151‘c°' 2�t, ?l�v. OP ' $ 2°l, 7O0. AM - _..... 1 L.H. --, cg 2 cz ° to ; 7, PCB 03 1 L.B. 04 1 L.8. Attendant Roue Clete in Per Lump Bti I tk tern. °= $ H0000. 0 boo, 05 3 =.A. e Bib, stub -nut, and Bose Reel As>se■ bly, complete in en Per Seth 22- $ 14,:>. o� 04 130 L.P. Rails - at Citizen Collection Area, including Waite coaitaiaa snt mat aBwemblies, complete in place Per LiaBar mot 2.13 $ 3 i , Asa 05,--) Pte' a - Ersciasamicen aarsovissarros $ 319, b - (Subtotal Items 01 -06) - err -TN- 1 TT I1I Iv v ITII(: COOMPrrn ONOCREPTION ONXT Total Hl tz Strctural BHcavation for the cast -in-pie concrete west and intstdiate retaining walls and footings beginning at the south end of the commercial haurr pre - fabricated steel '- $ 2 e �� ? °� - - - 1 Prapoiai Fora Pogo 13of 19 aelSCININT a2 J. C . slliott Transfer Sta tioa Additive Alternate aid Items Parts a1 and I ffi 4,900 8P cover, complete in place par c Y -in -Place Concrete Retaining Wall and footing (west wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per BMW* root of wall 53 1.� .� 213 4tbo. N9 2,*80 81 __MS Cast-in-Place Concrete Retaining Wall and footing (Intermediate Wall) beginning at the south end of the commercial Hauler pre - fahricated steel cover, in place per gr, of wall , " 5� �dl I. 50 :ART s - cam -Zx -ri acs ewers mums wawa $ 361 F11. (subtotal stems RI - 13) imvs120 kapo..i Para -- i. et 1! AMINIERIM D. 2 allaCmmm: 22 J.C. Elliott Transfer Station Additive Alternate Hid Xti a Parts ![ And I PAST X - 111110111EXCALLT ilEitLllim RUM N: Pair I - micsamarair $TA$ILI$SD maws mom) > Iem ISLL: $ (Subtotal Items 11 tbrn I3) 11102110 lsapoMi "5 Pump ss at 29 s liOt D0. 2 Arsikarmar 22 I ?i G 'Tfi DSSCUPTIOIr PRZCZ 4)o h+ 0 i� Total ty0 t5+9 ¢_ Z1 183 0.T. Structural Bxcavatial fax t the MSS west and intermediate retaining walls and footings beginning at the south and of the commercial hauler pre- fabricated steel cover, complete in place par Cubic 22 4,100 a► 1W *staining Nall west Waal) beginning at the south end of the commercial hauler pre - fabSicated steel cover, complete in place par aware ND 6'td $ pb IA of wall I3 2,050 Ss 1!38 ; letaining Wall (Intermediate Wall) beginning at She south end of the commercial hauler pre- fabricated ated steel cover, complete in place per Square Pool of well ,,, y,, Y° F�'V 6,V $ D Pair I - micsamarair $TA$ILI$SD maws mom) > Iem ISLL: $ (Subtotal Items 11 tbrn I3) 11102110 lsapoMi "5 Pump ss at 29 s liOt D0. 2 Arsikarmar 22 7.C. =lliott TrWfor Station T0'aL Haan SID: SUSTOTAL MAST a: S UITIOTAL SAST S: SUBTOTAL MART C: SUBTOTAL NWT D: D OTAL RUT a: MAST P: S UBTOTAL SART a: TOTAL MISR STD (PAW A T !PART BID 8th* RY a) AZIVIRTIPS ALTANA= SSD TTSMS: SQL BOW 1: SUBTOTAL PART I: * BASS STD + PASS R TOT S& SASS SAD + PASS X s 5 r, 5oO. 2 s 558,9 1 . it 130 9Zo. s- 1 boy 000. • 31'!oc°° s 3.466 035 .- S 3(91 t 1l1. $ No 6:0 72" $ Nv 00 S� Proposal soap PIMP 16 ae 19 Aseammompo. 2 r 22 awl. had caThe stgned re ul� ly hereby the relating to the work a • '" s do the walk, and that in Hose a warranty but are canter. . declares that he has visited the site covered by hie bid i or bids, contract ha no mere estimates fo the gguuidaannce City are the tp� notification of award of contract, we will within ten cad dndar days execute the formal contract and will deliver a o Bond (es required) for the faithful performance of this and a Pay ant See (as required) to insure payment for all later sad materials. The bid bond attached to this proposal, in the meant if 5t of highest mount bid, is to become the property of the City of Corpus hristi in the event the contract and boards are not exatuted within the time above set forth as liquidated damages for the delay ale additional work caused thereby. ]tinority fiaincsit nosiness Sat Participations Tha apparent low bidder shall, within five da�if receipt a bids,= submit to the SIEt inee r, in writing, the names and addresses of leas firms pa is in tin contract and a description of the work to be pe o its lar value for bid evaluation purpose. ]sssiber of Si Sets of Doosmests s The contract and all boa )1411 be prepared in not less than four counterpart (original sighed sets. Time of etios: The undersigned agrees to complete the wort within 150 eel from the data designated by a Work Order. The undersigned further declares that he will ide all tools asp atus, do all the work and furnish all as ' rsia andbddo cu rry required to carry out the above mentioned and the r qu.ir� s, pertsaining thereto, accordance with sum contract sums sit forth. Receipt at the following addenda is acknowledged (addenda number) 2 Addendum 1, Addendum 2 , Addendum 3, Addendum 4 (8L - IP BIDDER Is a Corporation) 863 FM 2759 (P.O. Box) Richmond. Texa, (City) (State) Telspbone : 281- 937 -9700 an na OM Moab bid fse ..eten pepets. Pi12 de wish iaie and egbeit aesptete 'vita 'studied mess. SIVRISD Armond Pecs Sege 17 of 10 (Street) 77469 (sip) (Revised west 2000) ADIONDUB ND. 2 21111 22 8 a clisms• Mfrs amrMt =illpl� inat�r ft�rl� w ftmMw.M. Meg el mbn fill ameaw mM�tn tr ud+I�Met"in.aitnel b NW. Fvrstvat Inc_ 4 sreE'rt. 86 M , 2759 art_ Richmond PIM let One lleM ne X 2. Papinsoollip Aa..ehraee S. Ober 01■C .011URE QUINTI lfO N e e s r Mine* eeeetsane,, plummier mum rile W M pap weft* elaEwb - 1. hone 1e.rbys.' Erne CUV of Corm CMS WAR. nearnerelp bow nsiM 3% arum of Ms.eewaedljl in lor Min Jab TIIN ail eV Oa.r.MtR d WA Z f r itde tinder N w Cy of Corm MOM Wig an bnn.selp mar anerrew iii a oma dike more* V a• qe e 1 NIA 3. d oak %M g FliPbse of Vt. Car of cmpws ChM !Me an lown.eee 1p rime milb np 3% or snow of ties dm mud 'Ire Mod, OrrMo to arC_der rands ane011 - ar of a wiser M So Irmo e3bir aided en wairMOW is M. ward d onameat e.. r lewteeeeje4 ' $ or.a •u lee*teeil* w Mee+lrert . tWA GERWICATIR towarTr MI J •=. fi r. -L D• Parker 7e b: Vice President (p..rPitm0 sli.aegl• arcs 1011 In • rbs+oer oar December 13, 2006 IMMO Prager/al sows Vega LS at v awe wt ND. 2 Aissammir 22 DEFBITIOt. a. Mg= d any born, amadmisa or asammillia appointed by Ow City Cowes at b. Aga a . by dm City or CoMr Ciwia� Tana, Mbar on s fall ea part Unit pietas aR M�dal��N�iit�eaailraobw bl t M waalar airraM4 or er s sr a�rMtar a irlb= • ar taut a+i ar is tar ana NNW, obgr or Mkt In a arm, Apiracies rr skew Wrwn dventure pat it a If t • Awl poses at wnar aaaa as angloor1 sad a lliscia, Nod by the city of Coffin Callan Mao o• of peritaareaal aoaanaaaun soul I2rsaA Propowi toe. P0101!of11 2>Nla111111Ol Ni0. 2 £711111 22 PERFORMANCE BOND Bond No. 61BCSEG8188 STATE OF TEXAS § K ON ALL BY THESE PRESENTS: COUNTY OF EUECES § THAT Longborn ExOavators, Inc. of FORT BEND County, Texas, hereinafter called "'rincipal ", and Hartford Fire Insurance Company , a corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of THREE MILL GET HUND' "' THIRTY -FIVE THOUSAND NINE HUNDRED SEVEN AND 35 907.25) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 19TH of DECEMBER, 2006, a copy of which is hereto attached and made a part hereof, for the construction of: L J.C. ELLIOTT TRANSFER STATION PROJECT NO. 5192 (TOTAL BASE BID + ADD.ALT.H: $3,835,907.25) MOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. MR WITNESS WSERIOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3rd day of January , 20 07 . Pith PRINCIPAL Longhorn Excitors Inc. By: .1 n_ Parker t Name & Title) ATTE cd Se94tary (Print Name) SURETY Vice President Hartford Fire Inance Company By: k(? ; l� l torney -in -fact Jo Ann; Parker #1238909 (Print lame) The Resident Agent of the Surety in Nueces County, texas, for delivery of notice and service of process is: Agency: Integrity Insurance Agency Contact Person: Jackie Kingsbury Address: 800,,North Shoreline Boulevard Corpus Christi, TX 78401 Phone amber: (361) 866 -8400 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 PAYMENT BOND STATE OF TEXAS S. Bond No. 61BCSEG8188 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § TEAT Longhorn excavators, Inc. of FORT BEND County, Texas, hereinafter called "Principal ", and Hartford Fire Insurance Company, a corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE .NI ON, EIGH HUNDRED THIRTY -FIVE THOUSAND, NINE HUNDRED SEVEN' 100($3, 35,907.25) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which 'sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: TEE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 19TH day DECEMBER, 2006, a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT TRANSFER STATION PROJECT NO. 5192 (TOTAL Ba3E BID + ADD.ALT.H: $3,835,907.25) NDw, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. MN MUMS WHERIOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3rd day of January , 2007 . PRINCIPAL Longhorn Excav t Irs,,Inc. ATTEST l.. % Joe Sectetary / A011110. Park.. (Print Name) SURETY Hartford Fire Insurance Company By u Attorne -in -fact ;Jo Parker #123890 (Print ame) The IsidInt Agent of the Surety in Nueces County, .$ air, for de/ivory of notice awl service of process is: Sena!': Integrity Insurance Agency Qbntast Person: Jackie Kingsbury Address: 800 North Shoreline Boulvard Corpus Christi, TX 78401 Plume Number: (361) 866 -8400 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 Inquiries Regarding Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indeumity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Claims E -mail Mailing Address 888- 266 -3488 860 - 757 -5835 or 860 -547 -8265 cis ims @1 stepsurety.com The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus, as determined by our Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. Form F- XX)A( -O Printed in U.S.A. POWER OF ATTORNEY KNOW ALL PERSENS BY THESE PRESENTS THAT: Direct Inquiries /Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860- 757 -5835 Agency Code: 61- 600074 & 46- 505987 X X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Har$ord Ineurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida � N having their home ce in rtford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Donald E. Woodard, Jr., Harlan J. Berger, Andrew J. Janda, C. W. Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker of Houston, TX their true and lawful Attorney(s)-in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ck Paul A. Bergenholtz. Assistant Secretary STATE OF CONNECTICUT ss. COUNTY OF HARWORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations descrilsed in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Hartford David T. Akers, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31. 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of January 3, 2007 Signed and sealed at the City of Hartford. P 0 A 2004 Gary W. Stumper, Assistant Vice President Wd4+t Z LOOZ /ZO /L0 CxTy OP CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.G. BOX 9277 cORPUE CHRISTI, TEXA2 78469 -9277 REc Certification of Power of Attorney for Performance and Payment sonde Project Name /No.: J.C. Elliott Transfer Station - Project No. 5192 Surety Company: Nal' •fot rci Fire Insurance Corr, Gentlemen! 1, Kurt Risk _(name of Officer of surety) , hereby certify that the facsimile power of attorney submitted by (Attorney-In-Fact) for _ J. Shorn Excavgtors . Inc. (cntraetor) , a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within'. seven (7)•days thereof at the following address: city of Corpus Christi Department of Engineering Services Attn: Coftract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this 1st day of January 20 07 Title: Bond Manager Sworn and subscribed to before, me on this 1st day of January , 20. (Revised 9/03) IkENDA D I ATh Notary }uttic, ate cf Texak rommiss •on Expires lunuory %8.2004 (70'd TV: ii »)Oz z U2r Notary Public , Brenda D. Deats State of Texas My Commission Expires: 1280 9 ATITACHTMENT 1 1 OF 1 9VS2.- 996- 2TL:xP 1dal GNOH d I • CERTIFICATE OF LIABILITY N�E DATE(PAINDOMYYr 1/4/20 PRODUCEk Friary Insurance Agency 17300 11 Cimino Neal 8110 Houston, Texas 77058 2E14618707, � � � A �� OF MFTI01 UPON HOLDER CIPTFICAATE 00E8 AMEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INSI ED LonOorn tzcavatora Inc / 8653 Eft 2759 Richmond, TX 77469 I mum A United States nt. Insurance INSURER B: GENERAL NBURIM C: INSURER D- INSURER E: EACH OCCURRENCE TiIE of _ • BOUM IM ' I a , *SUM) TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MDICATED. NOTWITHSTANDING AMY -• TDgi COIDIT/0N OF CONTRACT OR OTHER DOCI NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AMY ' r APPOROOD SY OESCRNIED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI r -, -r MAY HAVE : REDUCED BIY PAID CLAMS. SHOULD ANY OF THE AIbVE OESCRISED POLICIES CANCELLED BEFORE THE EXPIRATION �� THEREOF, THE ISSUING INSURER NI.L ENDEAVOR TO MA130 DAYS MITTEN NOTICE TO THE CERTWrATE HOLDER NA D To THE LEFT, SLR FALURE TO DO 10 SHALL MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE NSURER, ITS AGENTS OR TIPP 0111111MICE roucY NUMBER 11ELIEW WEJEW uMTs GENERAL LJMILm COMIIIICIAL GENERAL LIABILITY EACH OCCURRENCE $ — P ES (Ea ~OOi Nom) _ CMMSMAOE n OCCUR MEDEXP (Any anspinon) $ PERSONALIADVINJURY $ GENERAL AGGREGATE $ GEN'L AGO GATE UNIT APPLIES PER: PoucYf n LOC PRODUCTS - COMP/OP AGG $ 7 AUTOMOBBSLIABLLm MY AN Au.o DAGROB SCHEDULED AUTOS HMO AUTOS NON. DAUTOS SINGLE LIMIT (Es =Nerd) $ — BODILv w}LIRY $ _ Y ) 1 N PROPERTY DAMAGE $ ---, GARAGE LIMUTY ANYAUSO AUTO ONLY• EA ACCIDENT i OTHER THAN EA ACC $ AUTOONLY: AGO $ A SICESMMIREUA wain 553 - 089009 -7 / V 08/01/06 08/01/ ✓ 7 EACH OCCURRENCE *(8.000,000i S 8,000.000 s Occult • CLANASMADE AGGREGATE OEDUC3mLE RETElirti 4 $ 1 WOM.OMN3IVO TIONAID A:4 /n wimai111=O1NINRNE d�tNR A N Won 1 cnierArTS 1 IV E.L EACH ACCIDENT E LL DISEASE • EA EMPLOYE, $ EL DISEASE- POLICY UMTT$ DIBCRI ION cr onsiGtome nan noter vEMICLES i EXCOnIONS moosrENDO Project Ns J.C. Elliot Transfer Station. NT/ SPECIALPROVINioes Project No. 5192 . 17 C of Corpus Christi of Ingiae atnq S!t{Iices / 1►T' Cary �tract Administrator DM 7 PO Corpus Christi, TX 78469 -9277 I SHOULD ANY OF THE AIbVE OESCRISED POLICIES CANCELLED BEFORE THE EXPIRATION �� THEREOF, THE ISSUING INSURER NI.L ENDEAVOR TO MA130 DAYS MITTEN NOTICE TO THE CERTWrATE HOLDER NA D To THE LEFT, SLR FALURE TO DO 10 SHALL MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE NSURER, ITS AGENTS OR AUTHORIZED REPREEENTATI E / MOM eACORD CORPORATI0N 1999 This certificat<; is execut ll by Liberty Mutual insurance Group as aspects such insurance as is afforded by those commies. Certificate of Insurance This certificate is issue4*s a matter of information only and confers no rights upon you the certificate bolder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage alJbrded by the policiestlted below. This is to certify that (Name and address of Insured) BM0068 8653 F Longhorn Excavators, Inc. / 8653 FM 2759 Y/ Richmond TX 77469 + Liberty' ' Mutual. s, at the issue date of Jlatned by the Company under the pohcy(ies) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions and conditions and 's 001 altered by any req taf or conditao afamy contractor other document with respect to which this certificate may be issue Expiration EffJExp. Dat) Policy Number(s) Limits of Liability _ X Continuous* Extended Policy Term 08/01/2006 / 08/01/2007 / Y WC2- 191 - 438396 -076 Coverage afforded under WC law of the tolbwing states: Employers Liabllity Bodily Injury By Accident $ 1,000,000 Each Accident TX Bodily Injury By Disease S1,000,000 Policy Limit Workers Compensation ir Bodily Injury By Disease $1,000,000 Each Person General Liability ` �/ 08/01/2006 /08/01/2007 ✓ TB2- 191 - 438396 -026 ✓ General Aggregate -Other an Prod/Completed Operations $2,000,000 -Per Project t Products/Completed Operations Aggregate S2,000,000 HClaims Made X Occurrence Bodily Injury and Property Damage Liability $1,000,000 Per Occurrence Retro Dale Personal and Advertising Injury S1,000,000 Per Person / Organization Other Liability $300,000 Fire Damage Other Liability $5,000 Medical Payments Automobile Liability 08/01/2006 / 08/01/2007 AS1- 191. 438396 -036 t/ Each Accident - Single Limit - B. I and P. D. Combined $1,000,000 V Each Person X X X Owned Non -Owned Hired Each Accident or Occurrence Each Accident or Occurrence C O M M E N T S RE: Project Numtitt: 5192. rb Name: 1.C. Elliott Transfer Station. The City of Corpus Christi is named as Additional Insured on all General Liability and all Automobile Lability policies. *die certificate ex ' date is egnatuous or extended teen, yen will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the centinetion of Special Malice - Ohio: wlllq,.with intent to debatud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim concerning a false or deceptive maimed is of fiend. Imminent tMommica to and certificate bolds*: in the event you have any questions or need information about this certificate for my reason, please contact your local sales producer, whole name and in the lows left comerlf this certificate. The appropriate local calla office tailing address may also be obtained by calling this number. Note of gnoefation: ( a number of days is aimed below) . Before the stated expiation date the company will not cancel reduce the insurance afforded under the above policies until at leas 30 notice i eh cancellation has been soiled to: / ti/ ,, Office : HOUSTON, TX Phone 713-460-4650 Certificate Holder. Contract Administrator � ��iiC•V • � SHEILA ANDREWS Y Authorized Representative City of Corpus Christi Department of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 Date Issued: 01/04/2007 Prepared By: VM .41CG1RIY EVIDENCE OF PERSONAL PROPERTY INSURANCE THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. DATE (MMIDD/YYYY) 1/5/2007 AGENCY (/dC, Nc a..): (281) 479 -8300 STAR Insurance Services of Texas A Steven L. Thomas Agency 4909 W Pasadena Blvd., Ste 101 Deer Park TX 77536 -3506 DP, NaE (281) 479-.8332 I''D°ss: blakeb8 starinsu PRIER at: 00006658 !SUB CODE: COMPANY Fireman's Fund /McGee Fireman's Fund Insurance Co. P.O. Box 116055 Atlanta GA 30368 -6055 INSURED Longhorn Excavators, Inc. / 19855 SW Frwy II Suite 330 Sugar Land TX 77479 LOAN NUMBER EFFECTIVE DATE 12/18/2006 POLICY NUMBER MZ197706820 ► PIRAnoN DATE 12/18/2007 CONTINUED UNTIL IT TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: IlOfT( INFORMa7iON LOCATI dIDE*CRIPTION JC Elliott Transfer Station Project #5192, 7001 Ayers, Corpus Christi, TX ; Site demolition, site clearing and dubbing, concrete loading pads, water lines, box culvert bridge, excavation, grading and ca tpaction, membrane liner, geotextile gabric, transfer station electrical, lift station electrical, attendant house area electrical, street lighting, stairwell, attendant house COVERAGE INFORMION COV*AGEIPERILSSFORMS AMOUNT OF INSURANCE DEDUCTIBLE Total Building Value - (includes $400,000 in building value) 3,835,908 V/ 5,000 CSlIncknEn is i iUona All Risk Form - Wi torn coverage placed through Texas Windstorm Insurance Association with companion polity ON THE POLICY IS IiklEtt TO THE PREI*UMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TEI INA'1 U, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN Non(, AN3 WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT IN 'I' R;, IN A ORD,CE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. City of Corpus Christi Engineerlirg Services Departaent Contract 40minstrator Y / P.O. BOX X277 Corpus Christi, TX 78469 MORTGAGEE LOSS PAYEE ADDITIONAL INSURED _ LOAN* AUTHORIZED REPRESENTATIVE , ACORD 27 (2004/04) C ACORD CORPORATION 1993 AR D EVIDENCE OF PERSONAL PROPERTY INSURANCE DATE (MM/DD/YYYY) 1/5/2007 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. AGENCY I (AfC, N0E ): (281) 479 -8300 STAR Insurance Services of Texas A Steven L. Thomas Agency 4909 W Pasadena Blvd., Ste 101 Deer Perk TX 77536 - 3506 NJ: (281) 471 -8332 I: blkeb @starinsu 1 SUB CODE: ER *) *: 00001058 INSURID Longhorn Excavators, Inc. 19855 3W Frwy Suite 330 Sugar Land COMPANY Texas Windstorm Insurance P.O. Box 99090 Austin TX 78709 -9090 TX 77479 LOAN NUMBER POLICY NUMBER 640537 -01 -2 �/ EFFECTIVE DATE 1/5/2007 EXPIRATION DATE 1/5/2008 THIS REPLACES PRIOR EVIDENCE DATED: CONTINUED UNTIL nTERMINATED IF CHECKED _PROP;pRTY INFORM ION LOCATIONI RIPTION JC Elliott Transfer Station Project #5192, 7001 Ayers, Corpus Christi, TX ; site demolition, site clearing and rubbing, concrete loading pads, water lines, box culvert bridge, excavation, grading and cl#Bnpaction, membrane liner, geotextile gabric, transfer station electrical, lift station electrical, attendant house area electrical, street lighting, stairwell, attendant houston 1 COVERAGE INFOR TION KI!((IneludI nditions) Windstorm /Hail Covrage - all risk coverage placed through Fireman's Fund with companion policy THE POLICY IS UBJT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TE u1INAI'ED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, Aires WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT IN'TER ST, IN ORR ICE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. DDiNL INTER City of Corpus Christi Engineeri$g Services Department Contract *dministrator P.O. Box 5277 V Corpus Christi, TX 78469 COVIRAGEIPERILSIFORMS MORTGAGEE LOSS PAYEE AMOUNT OF INSURANCE DEDUCTIBLE Windstorm Building Coverage - value of buildings / 425,000 5,000 KI!((IneludI nditions) Windstorm /Hail Covrage - all risk coverage placed through Fireman's Fund with companion policy THE POLICY IS UBJT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TE u1INAI'ED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, Aires WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT IN'TER ST, IN ORR ICE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. DDiNL INTER City of Corpus Christi Engineeri$g Services Department Contract *dministrator P.O. Box 5277 V Corpus Christi, TX 78469 MORTGAGEE LOSS PAYEE INSURED _ADDITIONAL LOAN* AUTHORIZED REPRESENTATIVE 1 ACORD 27 (2004/04) ACORD COR RATION 1993 GENERAL ENDCILsr Name of person or organization insured Longhorn Excavators. Inc. ✓ Date this endorsement takes effect 12/18/2006 ✓ Endorsement Number Policy Number 11AZI17706820 Y Policy Period 12/18/2006 - 2007 b Agadir' jtidc 1 Installation Floater Name of Company issting this endorsement Fireman's Fund 1 STAR Insurance (We will not fill in the above unless we issue this endorsement alter we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services P.O. Box 9277; Attn: Contract Administrator Corpus Christi, TX 78469 -9277 Should Le above described poky be cancelled or materially changed before the expiration date thereof, the issuitg cot 1pany will mail 30 days written notice to the above named. Where aequitod by written contract Signatul te: KK -GL00 Authorized Agent ATTACHMENT 4 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I VDMONAL NdSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: a/ COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organizion have agreed in writing in a contract or agreement ttust such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. CG 20338704 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or © ISO Properties, Inc., 2004 Page 1 of 2 b. That portion of "your work" out of which the injury or damage arises has been put to its amended use by any person or organization other than another contractor or subcontractor engaged in performing operatims for a principal as a part of the same project. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date For attachment to Policy No. Audit Basis Issued To Expiration Date TB2 -191- 438396 -026 Countersigned by SECREf.\R1 PRESIDENT Au orized Representative Issued Sales Office and No. End. Serial No. 11 CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 2 of 2 ❑ COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Nif BUS SS ADO COVERAGE FORM G CCRAGE FORM TRU RS Ci RAGE FORM The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. City of Corpus Christi V P.O. Box 9277 Corpus Christi, TX 78469 (Enter Name and Address of Additional Insured.) is an loured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Covers& is afforded under this policy. The additional insured is not required to pay for any premiums states in the policy or earned from the policy. Any reborn premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We MI mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The addition& insured will retain any right of recovery as a claimant under this policy. This enticrsement is executed by the company below designated by an entry in the box opposite its name. Premium $ n LIBERTY MUTUAL INSURANCE COMPANY Effective Date 06/01/2006 Expiration Date 08/01/2007 LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. AS1 -191- 438396 -036 n LIBERTY INSURANCE CORPORATION Audit Basis 1 LM INSURANCE CORPORATION THE FIRST LIBERTY INSURANCE CORPORATION Issued To Longhorn Excavators, Inc. 8653 FM 2759 Richmond, TX 77469 Form #Berm I.D. TE 99 01 B P; 411 ' ?'Aqi SEC Au., " PRESIDENT Air Countersigned by Issued LOC -6 Authorized Representative COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailk or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other raison. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Flamed Insured any premium refund due. ff we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancdation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the term of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. IL. 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 F. Transfer Of Your Rights And Duties Under This Plicy Your rights and duties under this policy may not be traMsferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your righte and duties but only with respect to that property. T iflS ENDORSEMENT IS NOT APPLICABLE IN HAWAII AND WASHINGTON. For attachment ent to Policy No.: T82- 191 - 1+38396 -026 ✓ Cbuntersigned IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 2 of 2 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancelllon 1. The Arst Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or de- livering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mall or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be leas than pro rata. The cancellation will be effective even if we have not made or of- fered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time during the policy period and up to three years afterward. IL 00171118 D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time: b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any in- spections, surveys, reports or recommenda- tions and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety in- spections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that condi- tions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or re- commendations we may make relative to certification, under state or municipal stat- utes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premi- ums; and 2. Will be the payee for any return premiums we pay. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 ❑ F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be trareiferred without our written consent ex- cept in the case of death of an individual named insured. If you rifle, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal represaRtative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. THIS ENDORSEMENT IS NOT APPLICABLE IN HAWAII AND WASHINGTON. This endorsement is muted by the company designated below. LIBERTY MUTUAL INSURANCE COMPANY Effective Date 08/01/2006 Expiration Date 08/01/2007 For attachment to Policy No. AS 1 -191- 438396 - 036 32 2 issued To L DHO*N EXCAVATORS, INC 8 3 F$ 2759 R HM0111, TX 77469 End Serial No. 0002 IL 00 17 11 $8 /2' Countersigned by Autnorizea Representative Copyright, Insurance Services Office, Inc., 1998 Page 2 of 2 El THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION We will not cancel this policy or make changes that reduce the insurance afforded by this policy until written notice of cancellatn or reduction has been mailed or delivered to those scheduled below at least a) 10 days before the effective date of cancellation, if we cancel for non - payment of premium; or b) 0 days before the effective date of the cancellation or reduction if we cancel or reduce the insurance afforded by this policy for any other reason. NAME City of Corpus Christi Department of Engineering Services Attn: Contract Administration This endorsement is executed by the Premium S Effective Date 011/01/2006 Expiration Date For attachment to Policy No. WC2-191- 438396 -076 Audit Basis Issued To Leghorn Excavators, Inc. 8653 FM 2759 Richmond, TX 77469 Issued WC 9903 04 (9 -1 -87) ADDRESS P.O. Box 9277 Corpus Christi, TX 78469 08/01/2007 V Sales Office and No. Authorized Representative End. Serial No.