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C2008-209 - 6/17/2008 - Approved
S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S 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 0 R LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION, PHASE 2 - CARIBBEAN DRIVE / WALDRON ROAD IMPROVEMENTS FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS o®®®t®® Phone: 361/826-1800 o SlPSE OF TF~q~~aa Fax: 361/826-1715 ~a i l~l '~. a / DONALD ~S. PEEBLE, P'~. 38~J48 teB ~f''AfGI TER ga 0 nn?c..p~. cx.+.+ WASTE WATER 6, DEPARTNENT ~/ AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT NO: 7358 DRAWING N0: SAN 546 (Revised 7/5/00) LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION, PHASE 2 - CARIBBEAN DRIVE / WALDRON ROAD IMPROVEMENTS PROJECT N0. 7358 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities SECTION 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 A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy A-23 Inspection Required (Revised 7/5/a0) A-24 Surety Bonds A-25 -- •" Eiea NO LONGER APPLICABLB A-26 Supplemental^Insurance Requirements •i,a ~:. ~ a..,- ,.____,. ..~_:-.. _ NOT IISED 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 ' " " ""' c - - NOT IISED A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the A-38 Worker's Compensation Coverage for Building or Constructio Government Entities A-39 ~ __,... _..a ~ - NOT IISED A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisoxy A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless A-44 Change Orders (4/26/99) A-45 As-Built Surveys and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) (Revised 10/98) City^ n Projects for TOC Page 1 of 3 A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Trench Safety A-51 Errors and Omissions A-52 Lack of Information A-53 Electronic Bid Submittal A-54 Measurement and Payment of Subsidiary Items of Work A-55 Dewatering A-56 Storage, Access and Security A-57 Stormwater Pollution Prevention A-58 Temporary Solid Waste Collection Service A-59 Maintenance and Control of Wastewater Flows A-60 Dust Control A-61 Noise Control and Working Hour Restrictions A-62 Other Accessibility Requirements A-63 Texas Commission on Environmental Quality General Permit Compliance A-64 Amended "Prosecution and Progress" Submittal Transmittal Form, Page 29 of 30 Attachment # 1 Project Sign Page 30 of 30 SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL SVAGE RATE AND REQIIIREMENTS SECTION S - STANDARD SPECIFICATIONS 022020 Excavation & Backf ill - Utilities, Culverts & Sewers 022022 Trench Safety for Excavations 022100 Select Fill Material 025222 Flexible Base - High Strength 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment and Seal Coats 025416 Seal Coat 025424 Hot Mix Asphaltic Concrete Pavement 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025802 Temporary Traffic Controls During Construction 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027402 Reinforced Concrete Pipe Culverts 027606 Sanitary Service Lines 027610 Televised Inspection of Conduits 028040 Sodding - C28200 Mailbox Relocation 038000 Concrete Structures 055420 Frames, Grates, Rings and Covers SECTION T - TECHNICAL SPECIFICATIONS T-000100 Submittal Transmittal Form T-021080 Removing Old Structures T-022000 Control of Ground Water (Well Pointing) T-022040 Street Excavation T-022150 Cement Stabilized Sand T-022420 Silt Fence T-025205 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement T-025225 Geogrid Reinforcement T-025807 Pavement Markings - Paint and Thermoplastic T-025816 Raised Pavement Markers and Traffic Buttons T-026214 Grouting Existing Utility Lines T-027205 Fiberglass Manholes T-027602 Gravity Sanitary Sewers T-027604 Disposal of Waste from Sanitary Sewer Cleaning Operations T-030020 Portland Cement Concrete T-032020 Reinforcing Steel TOC Page 2 of 3 APPENDIX A - Geotechnical Investigation APPENDIX 8 - TCEQ Pollution Prevention Plan LIST OF DRAWINGS NOTICS AGREEMENT PROPOSAL/DISCLOSIIRE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION, PHASE 2 - CARIBBEAN DRIVE / WALDRON ROAD IMPROVMEN'PS, PROJECT NO. 7358; consists of the complete .construction of approx. 1, 900 LF of (8" to 12")PVC wastewater line with 8 new manholes, and associated service connections; pavement repairs; seal coat; driveway repairs; side walk repairs and drainage. The project also includes demolition and grouting of existing wastewater line; well pointing for wastewater lines; trench safety for wastewater lines, manholes, and curb inlet; wastewater by-pass operation, relocating mail boxes; televised inspection of conduits; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents; and will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, Juae 4, 2008, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wedaesday, May 26, 2008, beginning at 10:00 a.m. 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 City 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 leas 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/ Kevin Stowers Interim Director of Engineering Services /s/ Armando Chapa City Secretary NTB Revised 7/5/00 Paqe 1 of 1 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 INSURANCECOVERAGE 30-Day Notice of Cancellation required on Hodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. ~ Premises - Operations 3. Explosion and Collapse Hazard 9. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-tern X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Notice to Contractors - A 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. • 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 o£ Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Notice to Contractors - A Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self-insurance, 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. Motor carriers which are required to register 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 9(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 26, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: 1. certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. 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 3. the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS - B (Revised 8/7/98) Page 1 0£ 7 Title 28. INSURANCE Part II. TEXAS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUIRED NOTICES OF COVERAGE 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 Wile shall have the meaning defimed in the Texas Labor Code, if so defined. (I) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, 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 meaning defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or constmction proj ect by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, 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 establishes 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 of par[ 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 any entity famishing persons to perform services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. [10TICE TO CONTRACTORS - B (Revised B/7/98) Page 2 of 7 "Services" does not include activities uwelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the inswed that all employees of the inswed who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-inswed, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates 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 administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A govemmental entity that enters into a building or construction contract on a project shall: (1) include 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 paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from 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 dwing the dwation 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 dwation of the project; (5) retain certificates of coverage on file for the dwation 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 to them by law; and (7) use the Language contained in the following Figwe 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they aze contained or to impose stricter standazds of documentation: T28S110.110(c)(7) tbl NOTICE TO CONTRACTORS - B (Revised B/7/98) Page 3 of 7 (d) 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 payroll amounts and filing 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 govenunental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate 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 (B) 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 certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew of 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 wverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commissicn on the sample notice, without any additional words or changes: REQUIltED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be wvered by workers' compensation insurance. This includes persons providing, hauling, 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 legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." _ NOTICE TO CONTRACTORS - B (Revised 8/7/98) Page 9 of 7 (8) contractually require each person with whom it contracts to provide services on a project to (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage ageements fot all of its employees providing services on the project, for the dwation of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on 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, if the coverage period shown on the current certificate of coverage ends during the dwation of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning 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 dwation of the project; (F) retain all required certificates of coverage on file for the dwation of the project and for one year thereafter; (G) 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 (H) contractually require each other person with whom it contracts, to perform as required by subparagaphs (A)-(H) of this paragaph, 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 payroll amounts and filing of any coverage ageements; (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 for the dwation of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage ageements will be filed with the appropriate insurance carrier or, in the case of a NOTICE TO CONTRACTORS - B (Revised 8/7/98) Page 5 of 7 self-insured, with the wmrnission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on [he 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 prof ect under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning 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 affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew 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 coverage 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 wverage period, if the coverage period shown on the current certificate of coverage ends during the duration 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) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the wverage period shown on the current certificate of coverage ends during the duration of the contract; NOTICE TO CONTRACTORS - B (Revised 8/7/98) Page 6 of 7 (F) retain all required certificates of coverage on file for the duration of the project and for one yeaz [hereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or shou]d 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 person with whom it contmcts, to perform as required by this subparagraph 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 invalidity 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 aze declared to be severable. (g) This rule 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 aze 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(j). (i) The coverage requirement in this rule does not apply to sole proprietors, paztners, and corporate officers who meet 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, paztners, and corporate executive officers who aze excluded from coverage in an insurance policy or certificate of authority to self-insure [hat 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. NOTICE TO CONTRACTORS - B (Revised 8/7/98) Page 7 of 7 SECTION C FEDERAL WAGE RATES AND REQUIREMENTS t'age t oI General Decision Number: TX08003702/08/2008 TX37 Superseded General Decision Number: TX20070039 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/08/2008 + SUTX1987-001 12/01/1967 Rates Fringes Carpenter (Excluding Form Setting) .........................$ 9.05 • 7.56 Concrete. Finisher ................$ ...........$ 13.37 2.58 Electrician........... Laborers: Common ......................$ 5.85 Utilit $ 7.68 y ..................... Power equipment operators: Backhoe ..... ................$ 9.21, - Motor Grader ................$ 8.72 _______________________________________________ WELDERS - Receive rate prescribed for craft performing operation-to which-weldingcis-incidental=_____________c_=_______ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ______________________________________________ In the listing above, the "SU" designation means that rates listed under the 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: 5/7/2008 http://www.wdol.gov/wdoUscafiles/davisbaconCCX37.dvb Yage 1 oY L * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 5/7/2008 Yage 1 OT S General Decision Number: TX080118 02/08/2008 TX118 Superseded General Decision Number: TX20070122 State: Texas Construction Types: Heavy and Highway Counties: Nueces, San Patricio and Victoria Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 02/08/2006 SUTX2005-007 11/09/2004 Rates Fringes Asphalt Distributor Operator...$ 12.42 0.00 Asphalt paving machine operator$ 11.57 0.00 00 0 Asphalt Raker ..................$ 9.36 . 00 0 p ........... Bulldozer o erator $ 10.90 . 00 0 ,,,,,..$ Carpenter.......... 10.71 . 00 0 Concrete Finisher, Paving...-..$ 12.18 . 00 0 Concrete Finisher, Structures..$ 11.16 . 00 0 Concrete Rubber ................$ 10.50 . Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 00 0 Operator .......................$ 12.55 . 00 0 Flagger ........................5 Form Builder/Setter, Structures$ 7.17 11.47 . 0.00 Form Setter, Paving & Curb.....$ 9.65 0.00 Foundation Drill Operator, 00 0 Truck Mounted ..................$ 15.32 . Front End Loader Operator......$ 10.05 0.00 00 0 Laborer, common ................$ 8.35 . 0 00 Laborer, Utility ...............$ 9.09 , 00 0 Mechanic .......................$ 13.17 . Motor Grader Operator, Fine 00 0 Grade ..........................$ 13.76 . 00 0 Motor Grader Operator, Rough...$ 15.00 . 00 0 Pipelayer ......................$ 9.00 . Roller Operator, Pneumatic, 00 0 Self-Propelled .................$ 8.57 . Roller Operator, Steel Wheel, 0 00 Flat Wheel/Tamping .............$ 8.57 . Roller Operator, Steel Wheel, 00 0 Plant Mix Pavement .............$ 9.49 . 00 0 Scraper Operator ...............$ 9.67 . 00 0 Servicer .......................$ 10.75. . 00 0 Structural Steel Worker........$ 14.00 . Truck driver, lowboy-Float.....$ 14.15 0.00 Truck driver, Single Axle, 5/7/2008 http://www.wdol. gov/wdollscafiles/davisbacon/TX 118.dvb rage c of ~ Heavy ........................ ..$ 11.39 0. 00 Truck driver, Single Axle, Light ........................ ..$ 9.oa o .oo Truck Driver, Tandem Axle, Semi-TYailer ................. ..$ 9.39 0 .00 welder ....................... ..$ 16.00 0 .00 Work Zone Barricade Servicer. ..$ 8.97 - 0 .00 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 the _ 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: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in ' which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process http:!/www.wdol.gov/wdoUscafiles/davisbacon/TX118.dvb 5/7/2008 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 27TH day of 1~aY, 2008, 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 Excavators, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,369,450.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CEFE F.VALENZUELA LANDFILL SECTOR 4A LINER & _ LEACHPaTE COLLECTION SYSTEM & SECTOR 48 ERCAVATION PROJECT 5225 (TOTAL BASE BID: $2,369,450.00) 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 Cefe F. Valenzuela Laaflfill Sector 4A Liaer a Leachate Collection System & Sector 4B Bxcavatioa I II III IV V BID QTY & UNIT PRICH HID ITEM HXTHNSION ITEM UNIT DHSCRIPTION IN FIGIIRH3 (QTY X UNIT pRICHS) Mobilization and 1 1 Ls Demobilization. Complete in $72,900.00 $ 72,900.00 Place ep r Ls. Complete Excavation of 2 58,300 Cy Sector 4A. Complete and in $2.97 $ 173,151.00 place er Subgrade preparation of 3 55 000 Sy Sector 4A. Complete and in $027 $ 14,850.00 , l S p ace per y. Compacted Clay Liner 4 41, 000 Cy Installation. Complete and $4.95 $ $202,950.00 in place er Leachate Collection System Inatallation, pipng, 5 3,300 Lf drainage media. Complete and $39.00 $ 128,700.00 in place per Lf. Leachate Collection sump Installation, 18" HDPE side 6 1 Ls slope riser, discharge valuing. Complete and in $39,000.00 S $39,000.00 place per Ls. Groundwater sump underdrain, 7 1 Ls 12" HDPE side slope riser, $18 000 00 $ 18 000 00 di h l i l , . , . arge va ng. Comp sc u ete and in place per Ls. 8 6, 050 Lf Channel Excavation. Complete d i l Lf $969 $ 58,624.50 an n p ace per . 60 Mil HDPH Geomembrane 9 60, 000 3Y liner Inetallatioa. Complete $5.70 $ 342,000.00 and in place per SY. Grouted Rip Rap energy 10 1 Ls dissipater 25'x30'x2' , $30,000.00 $ 30,000.00 Complete in place per Ls. Geocomposite drain Layer it 60, 000 SY Inetallatioa. Complete and $5.16 $ 309,600.00 in place per SY. ADOHNDUN NO. 1 REVIBRD PROP08AL PORN ATTAQefBN7 NO 2 PAGH 3 OF 16 Page 1 of 16 Noa-wovea Geotextile fabric 12 69, 800 SY Installation. Complete and $0.39 $ 27,222.00 is place per 3Y. Hauling, spreading and 13 41, 000 Cy placement 2' protective soil C l t d i l $2'95 $ 120,950.00 cover. omp e e an n p ace per Cam. Perimeter Access Road 14 200 Sy Pavement replacement. $210.00 $ 42 000 00 Com l t d i l , . p e an e n p ace per RCP Drain Culvert 15 50 Lf Inatallation. Complete and $300.00 $ 15,000.00 in place per Lf. 16 150,000 C Mass excavation of Sector 4B Com lete er $2.97 $ 445,500.00 y . p Stormwater Pollution 17 1 Ls Prevention Plan, complete $6,900.00 $ 6,900.00 and in place per La. 18 1 Ls Trench Safety, complete and i l L 86,900.00 $ 6,900.00 n p ace ep r s Concrete Structures, 19 7 Ea Supports, Drop Inlets, O f ll l i $11,100.00 $ 77,700.00 ut a s. Comp ete and n place per Ea. Leachate and Groundwater 20 2 Ls Pump Installation, hook-up d C l $12,690.00 $ 25,380.00 an start-up. omp ete and in place per Ls. Control Panels, Instrumentation, wiring, 21 1 Ls hook-up and start-up. $54,900.00 $ 54,900.00 Complete and in place per Ls. 480V 3 Phase Direct Bury 22 250 Lf Service line. Complete and $39.69 $ 9,922.50 in place per Lf. Step down Transformer and 23 1 Ls connection to existing grid. d i C l l 821,000.00 $ 21,000.00 omp ete an n p ace per Ls. ADDENDUM EO. 1 REVISED PROP08AL POAM ATTACHM@Pf RO Z PAOH 4 OP 16 Page 4 OL 16 24 1, 700 Lf 4" HDPE Leachate forcemain and trench, hook-up to existing forcemain. Complete $39.00 $ 66,300.00 and in place per Lf. Early Completion Incentive Allowance of $2,000 per calendar day (up to 30 days) The maximum incentive allowance shall be $60,000. 25 30 days This allowance constitutes $2,000.00 $ 60,000.00 an incentive for the contractor to satisfactorily complete the work on the Sector 4A Liner & Leachate Collection System in less than. 115 days. TOTAL BASE BID: $ 2,369,450.00 (Bid Items 1 thru 25) STATffiJENT OP QIIALIPICATIONSt This section will be used by the Owner and Engineer for evaluations of the proposals and for Bid Award. The Contractor, subcontractors, and suppliers shall be qualified and experienced in the performance of the work ae described in the Special Provisions, Item A-30. The following statement shall be filled out in order to demonstrate compliance with the qualifications and experience requirements. All questions must be answered and the data gieen must be comprehensive. This statement moat be aotariaed and submitted with the ^Proposai". if necessary, questions may be answered on separate attached sheets. Do not attached general advertising and marketing literature; non- relative materials will not be considered as part of the proposal. Failure to complete the Qualifications Statement completely and accurately shall be sole cause for the "Proposal" to be coaeiderad non-reepoaeive. "Proposals" with as iacompleta Qualifications Statement will sot be evaluated sad will be considered aoa-reepoaeive and ba rejected". ADDBNDU!! NO. 1 RSVIaaD PROP08AL LOAN AITACFa/aNT NO 2 PAOB 5 OF 16 Page 5 Of 16 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 148 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 ecretary -- APPR,~ EGAL FO By: Asst. City Attorney CITY OF CORPUS CFIRISTI By: ~ i~ 6 /6 08 Ang Escobar, Interim Asst. Cit Mgr. of Public Works and Utilities i / / By:~ ~ ~//~s'/~~ Kevin Stowers, Interim Director of Engineering Services CONTRACTOR Lon ho n Excavato Inc. By: ~_ Title: 8653 FM 2759 (Address) Richmond, TR 77469 (City) (State)(ZIP) 281/937-9700 * 281/937-1207 (Phone) (Fax) =:,,>,,, ~- Agreement Page 2 of 2 ~' ~U~ "f°~-~ AUTNORI~t•~ 6T C4UNCIL..~~.~.°t7~~~ SECRETARY (Note: It Person srgning mr corporation is not President, attach copy of authorization to sign) P R O P O S A L F O R M F O R CEFE F. VALENZUELA LANDFILL SECTOR 4A LINER & LEACHATE COLLECTION SYSTEM & SECTOR 4B EXCAVATION Project No. 5225 DEPARTMENT OF ENGINESRING SERVICSS CITY OF CORPUS •~HRISTI, TEXAS ADDENDUM NO. 1 AEVI68D pAOPOEAL FORM ATTACHMENT NO 2 PACE 1 OF 16 page 1 oY 16 Place: Longhorn Excavators, Inc. Date: May 14, 2008 Proposal of Longhorn Excavators, Inc. a Corporation organized and existing under the laws of the State of Texas 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: Cefe F. Valenzuela Landfill Sector 4A Liner & Leachate Collection System & Sector 4B Excavation Project No. 5225 at the locations set out by the plans and specifications and in str-ict accordance with the contract documents for the following prices, to-wit: ADDBZ7DOM NO. 1 AEVZ86D PAOPOAAL LOAM ATTACRIBNT NO 2 PAGA 2 OP 16 Pege 3 of 16 Cafe P. Valeazuela Laadfill sector 4L Liaer & Leachate Collection system 8 Sector 48 8xcavatioa I II III IV V BID QTY & UNIT PRICE BID ITEM SXTSN320N ITEN IINIT DESCRIPTION IN FIGIIR.BS (QTY X UNIT PRICES) Mobilization and 1 1 Ls Demobilization. Complete in $72,900.00 $ 72,900.00 Place ep r Ls. Complete Excavation of 2 58,300 Cy Sector 4A. Complete and in $2.97 $ 173,151.00 place er Subgrade preparation of 3 55 000 Sy Sector 4A. Complete and in $027 $ 14,850.00 , l S p ace per y. Compacted Clay Liner 4 41, 000 Cy Installation. Complete and $4.95 $ $202,950.00 in place er Leachate Collection System Installation, pipng, 5 3, 300 Lf drainage media. Complete and $39.00 $ 128,700.00 in place per Lf. Leachate Collection Sump Installation, 18" HDPE side 6 1 Ls slope riser, discharge valuing Complete and in $39,000.00 $ $39,000.00 . place per Ls. Groundwater sump underdrain, 7 1 Ls 12" HDPE side slope riser, 00 000 $18 18 000 00 $ di h l i C l t , . , . sc arge va u ng. omp e e and in place per Ls. 8 6, 050 Lf Channel Excavation. Complete er Lf and in lace $969 $ 58,624.50 p p . 60 Mil HDPS Geomembrane 9 60, 000 3Y liner Installation. Complete $5.70 $ 342,000.00 and in place per SY. Grouted Rip Rap energy 10 1 Ls dissipater 25'x30'x2' . $30,000.00 $ 30,000.00 Complete in place per Ls. Geocomposite drain Layer 11 60, 000 SY Installation. Complete and $5.16 $ 309,600.00 in place per 3Y. ADDBNDON NO. 1 RAVIBBD PAOP08AL lOIW A1TACf07BN7 NO 2 PAGH 3 OF 16 Page 3 of 36 Noa-woven Qeotextile fabric 12 69, 800 SY Installation. Complete and $0.39 $ 27,222.00 in place per SY. Hauling, spreading and 13 41, 000 Cy placement 2' protective soil i $2'95 $ 120,950.00 cover. Complete and n place per Cam. Perimeter Access Road 14 200 Sy Pavement replacement. C d i l l $210.00 $ 42,000.00 omp ete an n p ace RCP Drain Culvert 15 50 Lf Installation. Complete and $300.00 $ 15,000.00 in place per Lf. 16 150, 000 C Mass excavation of Sector B l $297 $ 445,500.00 y 4 . Comp ete er Stormwater Pollution 17 1 Ls Prevention Plan, complete $6,900.00 $ 6,900.00 and in place per Ls. 18 1 Ls Trench Safety, complete and 86,900.00 $ 6,900.00 in place ep r Ls Concrete Structures, 19 7 Ea Supports, Drop Inlets, l d i $11,100.00 $ 77,700.00 Outfalls. Comp ete an n place per Ea. Leachate and Groundwater 20 2 Ls Pump Installation, hook-up 812,690.00 $ 25,380.00 and start-up. Complete and in place per Ls. Control Panels, Instrumentation, wiring, 21 1 Ls hook-up and start-up. $54,900.00 $ 54,900.00 Complete and in place ~r Ls. 480V 3 Phase Direct Bury 22 250 Lf Service line. Complete and $39.69 $ 9,922.50 in place per Lf. Step-down Transformer and 23 1 Ls connection to existing grid. $21,000.00 $ 21,000.00 Complete and in place ~ Ls. ADDRiDOM NO. 1 AEVISRD PROPOSAL PORN ATTAC@16T71' NO 2 PAGR 4 OF 16 Dage d o! 16 24 1, 700 Lf 4" HDPE Leachate forcemain and trench, hook-up to existing forcemain. Complete $39.00 $ 66,300.00 and in place per Lf. Early Completion Incentive Allowance of $2,000 per calendar day (up to 30 days) The maximum incentive allowance shall be $60,000. 25 30 days This allowance constitutes $2,000.00 $ 60,000.00 an incentive for the contractor to satisfactorily complete the work on the Sector 4A Liner & Leachate Collection System in less than 115 days. TOTAL BASE BID: $ 2,3ss,aso.oo (Bid Items 1 thru 25) STATSNffiiT OP QIIALIPICATION3: This section will be used by the Owner and Engineer for evaluations of the proposals and for Bid Award. The Contractor, subcontractors, and suppliers shall be qualified and experienced in the performance of the work as described in the Special Provisions, Item A-30. The following statement shall be filled out in order to demonstrate compliance with the qualifications and experience requirements. All questions must be answered and the data giten must be comprehensive. This statement moat be notarized and eubmitto8 with the ^Propoaal". if necesaaxy, questions may be answered on separate attached sheets. Do not attached general advertising and marketing literature; non- relative materials will not be considered as part of the proposal. Failure to complete the Qualifications Statemaat completely sad accurately shall ba sole cause for the "Propoaal" to be considered non-responsive. "Proposals" with as incomplete QualiEicatioaa Statement will sot be evaluated sad will be considered non-responsive and be rejected. ADDRNDUN NO. 1 REVIBRD PROPOSAL PORN ATSACNMRNT NO Z PAOB 5 OP 16 Page 5 of 16 CO!@ANY TNlOANATION 1. Name of Firm/Company submitting Proposal Form (Prime Contractor Only): Longhorn Excavators,lnc. 2. Permanent main office address and telephone number: 8653 FM 2759, Richmond, Texas - (281) 937-9700 3. Year organized: 1993 if a corporation, where incorporated: Texas 4. Current number of contracts on hand as a prime Contractor: l6 (Provide a schedule of these, showing name and address of Owner, amount of each contract and the approximate anticipated dates of completion.) 5. Have you completed all contracts awarded to you? X Yes No. If no, submit details. 6. Have you ever defaulted on a contract? Yea X No if so, where, why, name of project, name and address of the Owner, and name of bond carrier. ~. Ia your firm presently engaged in litigation with respect to any claim regarding contract performances Yea X No If yes, submit description and state case number, style of case and court in which pending or in which judgement was entered. 6. Has your firm ever been assessed I,iguidated Damages on any projects Yea X No If yes, submit details, including the name and address of the owner of Che project. 9. I9 your firm currently working on any projects in which work is being performed past the original deadline? Yea X No Sf yes, submit details, including the name and address of the owner of the project along with an explanation of why the project is late or pastthe scheduled deadline. lo. sank credit available: S 3 Million Name of Bank: Ame9Y 11. Attach a copy of your firms moat recent detailed audited financial statement (submitted to a bank for credit) and a current detailed financial statement. 12. Have the principals of your firm been engaged in the construction contracting business under any other name within the past five (5) years Yes X No If so, please provide the name of such principal(s) and the name and address of the former business. Subscribe and sq~~ to by John D. Parker, before me the undersigned authority, on May 14, 2008, to witness v and ~i seal of once. )fery p~:gi/tFarrfefl~l CxplfeS: ~ ADD aN NO. 1 MY CMndadafE%Vks?O !Oe![ ATS NO ] 0 JUIY ~, a OP Page a of 36 WORK PLANS Provide attached to this proposal a brief statement describing the bidders approach to completing the Work within the specified completion time. Include a bar chart schedule of the major work activities to demonstrate the feasibility of the bidders approach. Bar chart may be hand written on this sheet or provided on an attached printed page. Please see attached bar schedule Aooseroaes ao. a RBVIBaO PROPOSAL PON( AITACIa18NT NO Z PAGB 7 OP 16 Page 7 of 36 Coatractor Project History: The Firm and Sub-Contractors (to the Firm) must have demonstrated technical expertise, experience, and resources to provide a complete project. Project experience listed should be that which is similar to the type, size, and scope of this project .and shall have been performed within the last 5 years. tfe the experienceeliated twasppe=formed asdpart poffar t a matecifrime contractor or subcontractor. subcontractor) and percentage o£ work performed. P Y Perticipant~e role (prime or Please see attached Qualification Statement ADDBNDON NO. 1 R8Vr86D PROP08AL PORM ATTACNNBiV'r NO 2 PA68 a OP 16 Page B of 16 Project No.l owner xame:Please see attached Qualification Statement Location: Contact Name and Phone Number: Project Manager• Brief Description of work:- Award Date: Acceptance Date- ADDENDDM NO. 1 REVISED PROPOSAL TORN AITACNMENT NO T PAGE 9 OF 16 Page 9 oY 16 Project No.2 Please see attached Qualification Statement Owner Name: Location Contact Name and Phone Number: Project Manager: Grief Description of Work: Award Date: Acceptance Date• ADnQ+non No. 1 REVI86D PROPOSAL /ORM ATTACNM@1T NO Z PA06 30 OP 16 Page 10 O! i6 Project No.3 owner Name: Please see attached Qualification Statement Location: Contact Name and Phone Number: Project Manager: Erief Description of work Award Date Acceptance Date: ADDBNDUM NO. 1 R8Pr86D PROP08AL DORY ATfACIP7RNT NO 2 PA68 11 OP 16 Page it of 16 Project No.4 Please see attached Qualification Statement Owner Name: Location• Contact Name and Phone Number: Project Manager: Brief Description of work Award Date Acceptance Date: ADDeNDON NO. 1 RBVIBaD PROP08AL PORM AITACID~ffi7T NO 2 PAa8 IT OP 16 Page 1T of 16 LIST OF PIRNS 3IIB-CONTRACTING ON THZ9 PROJECT: Zn conformance with the Contract Documents, listed below are the names, address, and phone numbers of the Firma sub-contracting, and to what extent they will be used if awarded this contract. This list shall not be modified except as requested and approved in writing by the Owner. State if work is to be self performed. Name aad Address of Subcoatractor I I Typo of Work A.Tricon Works LP 1211 Hollywood St. Houston, TX 77015 s.Falcon Environm~ 5200 Johnson Rd Odessa, Tx 79764 C. F G. H. I AaasNaoN xo. 1 AEVI88a PROPOHAL FORA ATTACIafBNT NO 2 PA68 11 OF 16 Page 11 of 16 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 Eaterprise 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. Number of Signed Sete of Documents: The contract and all bonds - will be prepared in not less than four counterpart (original signed) sets. Time of Completioa: The undersigned agrees to complete the work within 148 calendar 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. Receipt of the following addenda is acknowledged (addenda number): #1 (Sw.nr• - IF BIDDER IS z Corporation) NOTB: Do not detach bid from ocher papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name: Lon om Exc a) rs, Inc. By: ( I TAT ) John D. Parker - President Address: _8F5 FM 2759 (P.O. Box) (Street) Richmond, Texas 77469 (City) (State) Telephone: (281) 937-9700 RNI88D YROP08AL LOAN PAOH l4 OT 16 (Zip) Rev sed Au uat 2000) ADD8m1UN NO. 1 ATTACiDffii7 NO 2 Page 16 oL 16 P E R F O R M A N C E B O N D Bond No. STATE OF TERAS § COUNTY OF NUECES $ PQiOW ALL SY THESE PRESENTS: THAT Longhorn Excavators, Iac. of FORT BEND County, Texas, hereinafter- called "Principal", andHaxtford 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 TFTO MILLION, ($2,369,450.00) 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 27TH of MAY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F.VALEN2UELA LANDFILL SECTOR 4A LINER & LEACHATE COLLECTION SYSTEM 6 SECTOR 4B EXCAVAT] PROJECT 5225 (TOTAL BASE BID: $2,369,450.00) NOW, 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 FORTHER, 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 Sto~ 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. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2nd day of June , 20 08 PRINCIPAL Lon o E~~ By: John (Print Name 6 ATTEST rp ~ ~ ~ ( Print Name & °~ ~a n „ SURETY g ~ ~ Hartford Fi: ~~~~ B'I >r ac#1238909 of irl J~7. g~4 j / \.3 wc~ ;,Y ,:~.~ =f. t<~ ; c '~ .- r. .;. `~, ~ggen~y; Integrity Insurance Contact Person: Jackie &in~sbury Address: 800 North Shoreline Boulevard Corpus Christi, TX 78401 Phone Number: (361) 866-8400 (NOTE: Date of Payment Bond must not be prior to date of contract) .6 ~~ l! ! , ~~ ~~`1i 11h _II(j 41'b~~ (Revised 3/06) Payment Bond Page 2 of 2 P A Y M E N T B O N D Bond No. 46BCSFB0223 STATE OF TEXAS § COUNTY OF NUECES § 1QTOW ALL BY TBESE PRESENTS: THAT Loaghora Excavators, Iao. of FORT BEND County, TQXdS, 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 TWO NO/100($2,369,450.00) 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: TSE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 27TH day MAY 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F.VALENZUELA LANDFILL SECTOR 4A LINER 6 LEACHATE COLLECTION SYSTEM & SECTOR 48 ERCAVAT] PROJECT 5225 (TOTAL BASE BID: $2,369,450.00) NOW, 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 FORTHER, 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 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 o.f process may be had in matters arising out of .such. suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WBEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2nd day of June , 20 O8 ~~ ~~ ~~ ~~y~ u M ~~~ ~_ uS rFm ~~°~ SURETY HartSord Fire Insurance Com By: ...;,r, A or ey-in-fact "~ "" ti Jo Parker #1238909 ~ '' ~s ( in Name) L:~V. ,.,. w~ ,~/.~ r, ,.. . ~• ~a ~.a ~ r, T~~ 1{~8idemt Agent of the Surety is Nueoes Count ~~,->_ ,T xse, fob" delivery of notice and service o~ process" a`c °fl ,;.`~~,+` d 3' , TS .,,,., ~~~,: Integrity Insurance .Contact Person: Jackie Kingsbury Address: 800 North Shoreline Boulevard Corpus Christi, TX 78401 P11oae Number: (361) 866-8400 (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08) Performance Bond Page 2 of 2 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-XXXX-O Printed in U.S.A. IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener information o pars someter una queja. You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 1-800-392-7805 You may also write to The Hartford: The Hartford Hartford Financial Products 2 Park Avenue, 5"' Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Usted tambien puede escribir a The Hartford. The Hanford Hartford Financial Products 2 Park Avenue, 5`h Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de compar5ias, coberturas, derechos o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance 1-800-252-3439 Puede escribir aI Departamento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. UNA ESTE AVISO A SU POLI2:A: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. F-0275-1, .1TX4275-1 HR 42 H006 00 0807 Direct Inquirie5/Claims to: POWER OF ATTORNEY 6 aABOND,A FORD HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-5b074 & 46-505987 X~ Hartford Flre 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 S[a[e of Indiana X~ 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 Flre 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 Slate of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under [he laws of the State of Florida having their home office in Hartford, Connecticut, (hereinaker 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 surely(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 September 12, 2000, July 21, 2003, or January 22, 2004 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. rrWv t •FVr.:, it asoy` ./r°`.b ~i~` t~ ~ . vas J~/T~ • .fi • *- ~~. C, ~ ~ii,~`a„'.`: i aNar~ ~s'+~"t,+r ita~ ~~t~o7o~ ; y '- ~ e '.8,,. 1 t9 Christop r L. Dupr ,Assistant Secretary Gary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 2n° day of February, 2005, before me personally came Gary W. Stumper, to me known, who being by me duly sworn, did depose and say: that (s)he resides in the County of Hartford, State of Connecticut; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)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 (s)he signed his/her name thereto by like authority. `~/~ '~/J// fir. •r G'I-k- i'-,~/ `~ •lPUN1~ •7/~ O " `Nora M. 8tranko Notary Public CERTIFICATE My Commission Ezpires March 31, 2008 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 June 2 , 2008 Signed and sealed at the City of Hartford. aus, ~in I ••,__•~~ , :;rw.n..pj ~ L90f '.1•~`a. ep~ ~ • 4paM• P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Longhorn Excavators, Inc. of FORT SEND County, Texas, hereinafter called "Principal", and ~ a corporation organized under the laws of the State of , 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 TWO MILLION, THREE HUNDRED SIXTY-NINE THOUSAND FOUR HUNDRED FIFTY AND NO/100 ($2,369,450.00) 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 27TH of MAY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F.VALENZUELA LANDFILL 3ECT0R 4A LINER b LEACHATE COLLECTION SYSTEM & SECTOR 4B EXCAVATION PROJECT 5225 (TOTAL BASE BID: $2,369,450.00) NOW, 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. IN P7ITNESS WAEREOF, this instrument is executed in 9 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice sad service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revi sed 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES $ THAT Longhorn Excavators, Inc. of FORT BEND County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of , 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 TWO NO/100($2,369,450.00) 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 27TH day MAY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F.VALEN2UELA LANDFILL SECTOR 4A LINER S LEACHATE COLLECTION SYSTEM 6 SECTOR 4B EXCAVAT7 PROJECT 5225 (TOTAL BASE SID: $2,369,450.00) NOW, 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. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY - By: Attorney-in-fact (Print Name The Resident Agent of the Surety in Nueces County, Texas, for delivery of antics and service of process is: Ageacy: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 1='"- CITY OF CORPUS CHRISTI .-.- -- DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME Longhorn Excavators, Inc. STREET: 8653 FM 2759 CITY; Richmond Zlp; 77469 FIRM is: ~. Corporation X 2. Partnership _ 3. Soie Owner 4. Association _ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi haviny an "ownership interest" constituttng 3% or more of the ownership in the above named "fine". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an °ownership interest' constituting 3% or more of trie ownership in the above named "firm". Name Board, Commission or Committee N/A 4. State the-names of each employee or officer of a "consultant" for the Gity of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Cenifying Person: John D. Parker Title: President (Type or Printj 6ipr.at~sce of Certifying Person: Date: May 14, 2008 RS JISED PROPOSA7, FORM .^_'T. i.O7::dSi1T 1v0 2 DEFINITIONS a. "Board Member. A member of any board, commission ar committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, ~'oint stock company, joint venture, receivership ortrust and entities which, for purposes of ataxation, are treated as non-profit organizations. d. "Ofllcial". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christ, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ADDBNDUN NO. 1 RBVIBSD P80POSAL PORM ATTAClO~t8M1' NO 3 PAGE 36 OF 16 PBQe 16 of 16 ris certificate is executedb Lib Mutual Insurance Grou azres ec6 such insurenwuis eRordedb those com antes. BMOOeB CertlBcateof Insurance Psis censcam is issued as a matter of infomutien only and wnfers no righa upon the certNcatc holder. This certificate u not en inauranw policy and does not affumatively or negatively amend, extend, or alter dse coverage afforded by the policies listed below. Policy limits are no less than dsaae listed, although policiu may include additional sublinsia not listed below. Policy limits may be reduced by clahtu or other man. This Is to certify that (Name and address oflnsured) Longhorn Excavators, Inc. 8653 FM 2759 Richmond, TX 77469 is not altwed b an re u'vement [enn or Ex iration e Continuous* Extended X Policy Term Workers Compensation 08/01/2007 /08/01/SOS I WC1-191A38396-077 06/01/2007/08/01/2008 TB2-191436396-027 General Liability Claims Made d X Occurrence Retro Date 06/01/2007/08/01/2008 AS7-191438396-037 Autanrobile Liability ~ / X Owned d X Non-Owned X Hired FLOATER 108/01/2007/08/01/2008 I YM2-191438396-087 C RE: Cafe F. Valenzuela Landfill Site sector 4A Litter and Leachate Col lecnon O Additional Insured on all Geneal Liabitiry and all Autortlobile policies. / M ,J M E N T SUBROGATION rs WAIVEn, mt Thc following applice only with m ~o the O ryanmwt of Hwy Safery k Notiu ofunulldion: (rws applies policia until as Iran JO days notiu Office: HOUSTON, TX Phone: 7134604650 Certificate Holder: / Contract Administrator N City of Corpus Christi Engineering Services Department P.O. Box 9277 Corpus Christi, TX 78469-9277 Coverage aRoNed under WC law of the followlag states: TX General Aggregate-Other _- Liberty Mutual,M all Ne"v terms, exclusions and wnditions and Employers Liability Bodily Injury By Accident $1,000,000 ~ Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability I Per Personal and Advertising Injury Per Person / $1,000,000 Or anizatios Other Liability Other Liability $300,000 Fire Damage $5,000 Medical Payments Each Accident - $inl;le Limit - B. [. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurreoce $900,000 any onejob site as V This tatifican dots nos ewfer dghn ~o Ne unificase Iwlder in lieu of such endorsement(s) If nemcnt w ihu catifiwte dos nos wnfn dgha io the unifiwse hoida in licuofsuch rndorsementa xel. Ne lised imurencc wlicv may rms be carcellW en kss Than l0 days wri~lcn ndice by the iinurer ~~~,~~~ E~~CAMPBELL Date Issued: 06/09/2008 Prepazed By: JS DATE (MMIDD/YYVY) Frickey insurance Agency 17300 E1 Camino Real #110 Houston, Texas .77058 Longhorn Excavators Znc 8653 FM 2759 Richmond, TX 77469 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDINGCGVERAGE NAIC # INSURER A: Unvted ELStss Pin Ineusmce Company INSURER B: INSURER C: - INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTEDBELOWHAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICTED. NOTVr1THSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 4MTM RESPECT TO WT11CH THIS CERTIFICATE MAY SE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIESOESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ins T ttPE OF INSURANCE POLICY NUMBER ppLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MID OMITS GENERAL LUBIUtt EACH OCCURRENCE E COMMERCIAL GENERAL LIABILItt PREMISES (Ee Daurerce) S CLAIMS MADE CIOCCUR MED EXP (Arryonepenon) S PERSONALBADVINJURY S GENERAL AGGREGATE S GEN'L AGGREGATE OMIT APPLIESPER: PRODUCTS-COMP/OP AGG S PR0. POLICY JECT LOC AUTOMOBILE LIABILItt COMBINED SINGLE LIMIT ANYAUTO (Ea ardtlenp S ALLOWMED AUTOG BODILY INJURY E SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY i NON-OWNED AUTOS (Per acptlaM) PROPERTY DAMAGE E (Per accitlent) GARAGE LIABILITY AVTO ONLY-EAACCIDENT E ANYAUTO OTHER THAN EAACC S AUTOONLY: qGG i E%CESSNMBRELIA LIABWtt EACH OCCURRENCE S OCCUR CI CLAIMSMNDE AGGREGATE S 0 553-090261-5 ~ 08/01/07 08/01/,08 E A DEDUCTIBLE / E RETENTION S 1/ i NORKERS COMPENSATION AND TORY UMITB ER EMPLOYER5 LIABILItt ANY PROPWETOR/PARTNEWE%ECUiNE E.L EACH ACCIDENT S OFFICERM.EMBFR E%CAUOED? EL DISEASE- Fl EMPLOYEE i Ilyes, tlesniEeurMer SPECIAL PROVISIONS EeIOn E.L DISEASE-POLICY OMIT S OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES IE%CLUSIONS ADDED BV ENDORSEMENT /SPECIAL PRONSIONS Re: Cefe F. Valenzuela Landfill Site Sector 4A Liner and Leachate Collection , System and Sector 4B Excavation, project No. 5225. Additional Insured in favor / ~/ of City of Corpus Christi on all policies except worker's compensation. CERTIFICATE MOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Contract Adminl8tratOr 3O _ Clty of Corpus Christi PATE THEREOF, THE IBSUING INSURER 1MLL ENDEAVOR TO MAIL GAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMED TO THE LEFT, SLIT FAILURE TO DO SO SHALL Engineering Services Department p. ~. BOX 9277 IMPOSE NO OBLIGATION OR LIABILItt OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRES TATIVES. COrpL1S Chr1St1, T@Xa3 78469-9277 ALIT ED PRE` T ,~ AGORD 25 (20871881 m ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE 6ATi1/2008 ) PRODUCER (281)930-1600 FAX: (281)930-1400 THIS CERTIFICATE LS ISSUED AS A MATTER OF INFORMATION CoTmnerCial Global Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 116 Dixie ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Deer Park 1'X 77536 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great Amerioan Insuranoe Longhorn Excavators, Inc. INSURER B: 8653 FM 2759 INSURERC INSURER D: Riohmond 17C 77469 INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTUNTHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WkiICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. T V INSR DD'L F E L ~ Y N n.PE OF INSUMNCE POLIOV NUMBER M~ pA TE M DATE MMID~ LIMITS GENERAL LWBILITV CCURRENCE f COMMERCIAL GENERAWA&LITV PRMAGE TO RENTED S ~ CWMS MADE OCCUR a rs n f P SONALa ADV INJURY E A EGA E S GEN'L AGGREGATE LIMIT APPLIES PER: PR - OMPX)P AGG S PRO POLICY JEQ LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acckenl) S ALL V WNtU AU I US BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pef BCdtlenn $ PROPERTY DAMAGE S (Per acatlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANV AUTO OTHER THAN S AUTO ONLY: pGG S EXCESSNMBRELLA LIABILITY H S OCCUR ~ CLAIMS MADE AGGR ATE 8 5 DEDUCTIBLE g RETENTION i WORKERS COMPENSATION AND EMPLOVERS LIABILITY WC 5TATU- OTH- ANV PROPRIETORIPARTNERIEXELUTIVE E.L. EACH ACCDENT S OFFICERIMEMBER EXCLUDED? It tl E.L. DISEASE ~ EA EMPLOYE S yas, tlesc be waer SPECIAL PROVISION EL DISEASE ~ POLICY LIMIT 3 }1 OTHER Builders Risk IMP6146836-00 ~ 6/10/2006 12/10/2fI08 Gobita Location $2,369,450 eez Olaaeter Limit $2, 369, 950 All Riek Covers e DESCRIPTION OF OPERATIONSILOCATIONSIVEHK:LESIEXCLUSIONS ADOEO BY ENDORSEMENT/SPECIAL PROVISK)NS PROJECT NAME: Cefe F. Valenzuela Landfill Sector 9A Liner i Leachate Collectlon System 6 Sector 4& Excavation - Project No. 5225 City of Carpus Christi: Department of Engineering Services is hereby addeU ps an atlditional insured. 30 day NOC hereby applies. .V/ CERTIFICATE HOLDER cANCEUanON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Corpus Chr1St1 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Engineering SeriVCes 3O ATTCT: Contract Administrator DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT P O Sox 9277 ' FAILURE TO DD 90 SHALL IMPOSE NO O~~ BILIT ANV KIND UPON THE COrpuB Chr1Bt1 TX 78469 INSURER. ITS AGENT30R REPRES , AUTHORIZED REPRESENTAT Blake Baines/A ACORD 25 (2007100) IMCnoc ,..,,.o,,,,_ ®ACORD CORPORATION 1986 oy..,.,rv THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,/ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: 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 wham you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that 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. 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 insureds) at the location of the covered operations has been completed; or CG 20 33 07 04 ©ISO Properties, fnc., 2004 Page 1 of 2 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations 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 T62-191-438396-027 i SE4tETARY PRESIDEDff Countersigned by _~ _ ~ _ (~frk~~~ Authorized Reprasentativ Issued Sales Office and No. End. Serial No. 11 CG 20 33 07 04 ©ISO Properties, Inc., 2004 Page 2 of 2 ^ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f DESIGNATED INSURED This endorsement modified insurance provided under the following: `f BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or City of Corpus Christi -Engineering Services Department Organization(s): Attn Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Effective Date 0$/01/2007 Effective Date 08/01/2008 For attachment to Policy No. AS7-191.438396-037 Issued Longhorn Excavators,lnc. To d ~ ///~~' ///~' q ~>,' Countersigned b . .......... ...l~..... ........................ ........................... r~' Y~ ......../, Auth6rihed Representat e End. Serial No. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHP.NGES THE POLICY - PLEASE READ IT CAREFULLY TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Thi/s endorsement modifies insurance provided under the following: `~ COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: Schedule 1. Name: SEE BELOW 2. Address: SEE BELOW 3. Number of days advance notice: THIRTY (30) tl City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 Named Insured: Longhorn Excavators. I/nc. Policy Number: TB2-191-438396-027 d Effective Date of This Endorsement: 8/1/2007 Authorized R~e/pr~esentati'vne:,~ Name (Printed) : Cynthia CamQbell Title (Printed): Account Service Reprsentative ccozo5 (Zi-es) ATTACHMENT 3 1 OF 3 ./ CANCELLATION PROVISION OR COVERAGE CIiANGE ENDORSEMENT This endorsement modifies insurance provided under the following: HIISINSSS ASITOCOVERAGB FORM GARAGE COVERAGE FORM TRIICRERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy nnlcen nnnh}s~ Anf~n is inAirahoA finlnwe Endorsement Effective Policy Number 08-01-2007 AS7-191-438396-037 Named Insured Longhorn Excavators, Inc. / Countersigned by iHllLllOrizea ttci~i ea cai~o~.iva, THIRTY (30> ~ days before this policy is cancelled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: SEE BELOW (Enter Name and Address) ~ .. City of Corpus Christi Aept, of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-927. Author+/z~_Repre entat~ ~ " ~" Name (Printed) Cynthi~Ca bell Title (Printed): Account Service Reprsentative FORM T8 02 02A - CANCELLATION PROVISION OR COVBRAGS CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed November 1, 1987 ATTACfIMENT 3 2 OF 3 .:_ WORKERS COMPEN3ATION_AND EMPkOYERS,_LIASILITY. INSURANCE POLICY WC 42.06 O1 TEXAS NOTICE OF MATERIAL CHANGE This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Sche/dule 1. Number of days advance notice: 30 ,/ 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.] Endorsement Effective 8/1/2007 Policy No. Endorsement No. WC1-191-438396-077 Insured Longhorn Excavators ~ Premium $ Insurance Company Countersigned By: `=~± WC 42 06 O1 Name (Printed): ynthia Campbell Account Service Representative (Ed. 7-64) Title (Printed): ATTACHMENT 3 30F3 GENERAL ENDORSEMENT Name of person or organization insured Longhorn Excavators, Inc. / Date this endorsement takes effect 6-10-2008 '/ Endorsement Number 1 Policy Number IMP6146836-00/ Policy Period 6-10-2008 to 12-10-2008 Builders' Riak /Installation Floater Name of Company issuing this endorsement Great American Insurance Co. (We will not fill in the above unless we issue this endorsement after 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 Admintstrator Corpus Christi, TX 78469-9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, the issuing company will mail 30 days written notice to the above named. J Signature: Authorized Agent ATTACHMENT4 lofi KK-GL00