Loading...
HomeMy WebLinkAboutC2008-511 - 12/16/2008 - Approved2008-511 M2008-338 12/16/08 F O R M S Environ. Spec. Intnl. S P E C I A L P R O V I S I ~ w o S P E C I F I C A T I O N S A N D O F C O N T R A C T S A N D B O N D S F O R J.C. ELLIOTT LANDFILL FINAL COVER SYSTEM INSTALLATION, PHASE 4-6 AND LANDFILL GAS MANAGEMENT SYSTEM Prepared by: HDR ENGINEERING, INC. 555 N. Carancahua, Suite 1650 Corpus Christi, TX 78478 Phone: (361) 857-2211 Fax: (361) 857-7234 J73487 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361-/880-3501 PROJECT N0: 5216 DRAWING NO: SLF 119 0'4541 9-os p8 (Revised 7/5/00) J.C. ELLIOTT LANDFILL FINAL COVER SYSTEM INSTALLATION, PHASE 4-6 & LANDFILL GAS MANAGF PROJECT NO. 5216 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 PART A - SPECIAL PROVISIONS A-1 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 r ,~ r_,._ r __,, m__FF,_ .. _,., (NOT USED) A-19 Construction Equipment Spillage and Tracking r ,c --a *+ --~- (NOT USED)' A-16 Disposal/Salvage of Materials A--'z+'-F3cl~-^vcicc (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-2~ _ _ _, __ _ _ ___ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-~_-3 ---~------ ---~---- •----`-- ~--~ --• (NOT USED) A-29 Surety Bonds 'c °-'-" "' NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-26 Considerations for Contract Award and Execution A-29 Contractor's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-39 Precedence of Contract Documents - '- ---- -"- - -'---" .. (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-36 Worker's Compensation Coverage for Building or Construction Projects for Government Entities -- -- ----------- -- - ._ (NOT USED) Time and Place of Receiving Proposals/Pre-Bid Meeting A-90 Amendment to Section B-8-6: Partial Estimates (NOT USED) A-92 OSHA Rules & Regulation A-43 Amended Indemnification & Hold Harmless (9/98) A-99 Change Orders (9/26/99) A-95 As-Built Dimensions and Drawings (7/5/00) (NOT USED) ,._~.._..~_... .-,~__«~_.. °,:cc:~ticnc ~';°:0^~ (NOT USED) A-98 Overhead Electrical Wires (7/5/00) A-99 Amend "Maintenance Guaranty" (8/29/00) _. _- -- "'-`-'-~ -'- "__"`-_ -._._-"-, -`-"`-`------`--- (NOT USED) A-51 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAI, WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 020600 Groundwater Monitoring Well (5-124) 021020 Site Clearing and Stripping (S-5) 021040 Site Grading (S-6) 022022 Trench Safety for Excavations 022420 Silt Fence (5-97) 028020 Erosion Control by Seeding 030020 Portland Cement Concrete (S-92) 032020 Reinforcing Steel (5-92) 038000 Concrete Structures (S-91) PART T - TECHNICAL SPECIFICATIONS 01100 Safety Information to Contractor 01165 Stormwater Pollution Prevention Plan 02130 Vertical Wells 02190 Horizontal Extraction Wells 02221 Excavation and Backfilling 02222 Embankment 02229 Stockpiling 02226 Landfill Liner Subgrade Preparation 02295 Granular Drainage Material 02297 Protective Soil Cover Layer 02248 Topsoil Layer 02276 Cellular Concrete Block Revetment 02300 Clay Liner Construction 02376 Geosynthetic Clay Liner (GCL) 02779 LLDPE Geomembrane 02800 Geotextile Installation 02801 Drainage Geocomposite Installation 11059 Landfill Gas Condensate Sumps 11070 Pumping Equipment: Pneumatic 11980 Compressed Air System 15060 Pipe and Pipe Fittings: Basic Requirements 15067 Pipe: Polyethylene (HDPE) 15100 Valves: Basic Requirements 15103 Butterfly Valves EXHIBIT I - FINAL COVER QUALITY CONTROL PLAN LIST OF DRAWINGS Final Cover System Installation 1. Cover Sheet andIndex 2. General Notes and Legends 3. Aerial View 4. Existing Conditions 5. Final Cover Grading Plan 6. Chute Sections and Details (1 of 2) 7. Chute Sections and Details (2 of 2) 8. Miscellaneous Details 9. Final Cover Details 10. South Borrow Area Grading Plan 11. Monitoring Well Plan 12. Existing Fence Demolition and New Fence Plan 13. Existing Fence and New Fence Details Landfill Gas Management 19. General Notes 15. Existing Conditions 16. Proposed Well Layout 17. Alternate New Header/Subheader Layout 18. Alternate Active Gas Collection System Expansion 19. Vertical Extraction Well Details 20. Horizontal Well Details 21. General Details (1 of 3) 22. General Details (2 of 3) 23. General Details (3 of 3) 29. Landfill Gas Flare Facility Site Plan 25. Well Schedule NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: J C Elliott Landfill Final Cover Syatem installation, Phase 4-6 & Landfill Gas Management System, Project No. 5216: The project consists of a base bid and one additive alternate bid. The Base Bid consists of the construction of the final three phases of the final cover system (including site clearing and grading, excavation, backfill, geosynthetic clay liner, linear low density polyethylene geomembrane, drainage geocomposite, protective soil cover, compacted clay liner, topsoil, erosion control by seeding, articulated concrete block revetment, turf reinforcement mat, and regrading of drainage ditches); construction of groundwater monitoring system modifications; and construction of vertical landfill gas vents. The Additive Alternate consists of the installation of an active landfill gas management system including connection of the vertical landfill gas extraction wells installed under the base bid, a horizontal landfill gas extraction well, landfill gas collection piping, condensate sumps, compressed air piping, and repairs to existing landfill gas collection piping and equipment. The scope of the base bid and the alternate bid items includes all appurtenances and associated work in accordance with the plans, specifications, and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 1, 2008, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wednesday, September 17, 2008 at 10:00 a.m. in the Engineering Services Main Conference Room on the 3rd floor of 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by the City, and will include a discussion of coordination of the work between the City and the Bidders. A bid bond in the amount of Se of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5~ bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/Kevin Stowers Interim Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREi~NTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Eorm 2. Premises - Operations 3. Explosion and Collapse Hazard 9. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 6. Independent Contractors - 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIESWITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY 5100,000 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 X REQUIRED discharge; to include long-term ^ NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ~''-- INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental urance Requirements NOT REQUIRED Page 1 of 2 •The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. •The name o£ 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. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of I1 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of 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 Cade, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §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 m §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity-famishing persons to perform services on the project. Page 2 of 11 "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. "Services" does not include activities unrelated 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 insured that all employees of the insured 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-insured, 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 governmental 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 during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic - Page 3 of 11 (d) A contractor shall: (I) 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 govemmental entity prior to beginning work on the project; (3) provide the govemmental 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 govemmental entity will have on Fle 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 or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission 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 commission on the sample notice, without any additional words or changes: Attached Graphic (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 agreements for all of its employees providing services on the project, for the duration 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; Page 4 of 11 (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 wverage ends during the duration 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 wverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the 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 subparagraphs (A)-(I~ of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person 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; Page 5 of 11 (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 coverage 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 coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration 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 person with whom it contracts, 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 are 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 are not required by law to be advertised for bid. Page 6 of 11 (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 applyto sole proprietors, partners, 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, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: 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 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered 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 reguirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certif cote of authority to self-insure issued by the commission, or a coverage agreement (IWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work ott the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of airy entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. 77re contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certif cote of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven 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. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for a[I employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certifrcate of coverage showing extension of coverage, if the coverage period shown on the current certifrcate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certifrcate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contractor providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that al[ employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be fried with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Se f Paee 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the -- governmental entity. Page I 1 of 1 I PART A SPECIAL PROVISIONS J.C. ELLIOTT LANDFILL FINAL COVER SYSTEM INSTALLATION, PHASE 4-6 b LANDFILL GAS MANAGEMENT SYSTEM PROJECT NO. 5216 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. Wednesday, October 1, 2008. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78901 ATTN: BID PROPOSAL -J.C. ELLIOTT LANDFILL FINAL COVER ;AS MANAGEMENT A pre-bid meeting will be held on Wednesday September 17, 2008, beginning at 10.00 a m at the Engineerinc Services Main Conference Room on the 3sd floor of 1201 Leopard Street, Corpus Christi, Texas. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The project consists of a base bid and one additive alternate bid. The Base Bid consists of the construction of the final three phases of the final cover system (including site clearing and grading, excavation, backfill, geosynthetic clay liner, linear low density polyethylene geomembrane, drainage geocomposite, protective soil cover, compacted clay liner, topsoil, erosion control by seeding, articulated concrete block revetment, turf reinforcement mat, and regrading of drainage ditches); construction of groundwater monitoring system modifications; and construction of vertical landfill gas vents. The Additive Alternate consists of the installation of an active landfill gas management system including connection of the vertical landfill gas extraction wells installed under the base bid, a horizontal landfill gas extraction well, landfill gas collection piping, condensate sumps, compressed air piping, and repairs to existing landfill gas collection piping and equipment. The scope of the base bid and the alternate bid items includes all appurtenances and associated work in accordance with the plans, specifications, and contract documents A-4 Method of Award The bids will be evaluated on the flowing order of priority, subject to the availability of funding: 1. Total Base Bid, or 2. Total Base Bid plus Additive Alternate No. 1 Section A - SP (Revised 9/18/00) Page 1 of 24 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is the most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5'k Bid Bond (Must reference Project Name as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be one hundred eighty (180) calendar days for the Base Bid and an additional ninety (90) calendar days if Additive Alternate No. 1 is awarded. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Sequence and construction limitations include the following: For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation Section A - 9P (Revised 9/18/00) Page 2 of 24 insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heaw Construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales . The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics e~loyed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechaaic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics enq~loyed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll sutrnittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and othersworking on the Project. These docimients will also be sukxnitted to the City Engineer bi-weekly. (See section for Ninority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll sutxnittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked >r excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Coopexatiai with Public Pgenci.as (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (98) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dicjl'ess at 1-800-394-8377, and Verizon Dig Alert at 1-600-983-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer HDR Engineering, Inc. 696-3390 Traffic Engineering 826-3590 Police Department 626-2600 Section A - SP (Reviaed 9/18/00) Page 3 of 24 Water Cepartment Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P Nueces Electric Cooperative AT&T City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Kinder Morgan Pipeline Exxon Mobil Pipeline Ca~pany A-12 Maintenance of Services 826-1880 (826-1888 after hours) 826-1816 (826-1818 after hours) 885-6900 (885-6900 after hours) 826-1881 (826-1888 after hours) 826-3961 826-1970 299-9833 (693-9499 after hours) 387-2581 (1-800-632-9288) 881-2511 ~(I-800-824-9924, after hours) 826-1996 826-5000 887-9200 613-1129 881-5767 512/935-0958 972-753-9355 361-387-5569, 800-537-5200 857-1960 (857-5060 after hours) (Pager 800-729-3629) (Pager 888-204-1679) (Pager 850-2961) (Nbbile) ext 233. The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractorshall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for allfines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control (NOT USED) Section A - SP (Revised 9/18/00) Page 4 of 24 tn' n'rnum adverse "'"' "` "`'^- r ~ s The flt~a~ ha" eempl~sa'th theme=t~ -^F r ~' ~ eeat~e the neeessa~-y-=pe~'rzi` t €~'Bfa-~-he--~i~y=9 -"' - °ee~€ e ~rt~s3--ate e ~side~ed subs d~ ar...y--~he€e~`T^~^-~~'~°°° A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets and entrance to the J.C. Elliott Transfer Station free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals (NOT USED) ee €}} ed la'th a can d'~t -_~~ a: _.. ,,_F:..^,, a;vf ~.. _ _-r_~,,. €e-F- ' +ss-~be~~ree e€ deb' s ea}= ehe as~ha~t -'' q~ .i .. 4 .......4 F........ ~~~~-• a. l....... .' ._.J / / s#derra ]es, ete _:.,_ _~ .~..:.,: +>,,. ..,a F_ ~~~ Este vat#ea these eye, °"` : , , ''^ "`, - A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The Contractor is responsible for disposal of any and all garbage that is generated from the methane gas well drilling. The cost of all disposal and hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. .l J /1C L:. T1T/\m TTCPTI\ arcd heated and mast be `--' ~` -, : --+ «_.., ^ .-~,... ..~ e 3 S r ~ -`a~~s The 6entfaete~ sha~~meve ^the- " -''' Section A - SP (Revised 9/18/00) Page 5 of 24 A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 9. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by HDR Engineering (HDR). The Contractor will furnish all line s,. slopes and measurements for control of the work. To satisfy reporting requirements of the Texas Commission on Environmental Quality on the project, there will be a 100-foot grid established for survey verification of the final cover system. The following components shall be verified: 1. Protective cover layer 2. Topsoil layer The Engineer will provide the Contractor with an electronic spreadsheet of the grid in Microsoft Excel format. The Engineers' surveyors will check all grid points to verify the thickness of each of the liner system components. The Contractor will provide the engineer with two working days notice when a particular system component is ready to be checked. Any points identified by the survey check that require adjustment shall be brought to the proper elevation by the Contractor and shall then be re-surveyed. The additional survey costs shall be paid for by the Contractor. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City Surveyor 96 hours notice so that alternate control points can be established by the City Section A - SP (Revised 9/18/00) Page 6 of 24 Surveyor as he deems necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City Surveyor at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. The Contractor shall furnish all lines, slopes and measurements for control of the work. To satisfy reporting requirements of the Texas Commission on Environmental Quality on the project, there will be a grid established for survey verification of the final cover system liner components. There will be a 100-ft grid established for the final cover system. The components that are - to be verified are the following: 1. Protective cover soil layer 2. Topsoil layer The Engineer will provide the Contractor with an electronic spreadsheet of the grid in Microsoft Excel format. The Engineer's Surveyors will check all grid points to verify the thickness of each of the liner system components. TheContractor will provide the Engineer with two working days notice when a particular system component is ready to be checked. Any points identified by the survey check that require adjustment shall be brought to the proper elevation by the Contractor and shall then be re-surveyed. The additional survey costs shall be paid for by the Contractor. the 6e~t-ae•cvt~-~ ~~~r2;-~e--a=1 va~ves and manheies, Beth aL. ..a a1 F......: .. L. ~ ..F ('l\ ^~- -fvr t i~-o ~F ~. 1... ..F l-F.. emi ...1.-.a ....l ...1. ~ u oeT/~vG ii ri c~.cv .. ~+a ~a. ~ .~C'SCI-C Z9F[19 ~e~• ~!l /l/ ..l ~..J ~ ..l l ~~ ~ .. l ~ ..1 s- , Section A - SP (Reviaed 9/1B/00) Page 7 of 24 r,ic _,; _~.,. _. _,,. _~_i,. _i ,. ,._ „c _a ai i t ..~ ,mvn~m ..d_Pn ... ~.. p~~.,.~~ , A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Polioy (Revised 10/981 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and- share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (Revised 9/18/00) Page 8 of 24 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0$ of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0$ of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0$ or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0$ of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0$ of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0$ of the contract work itself and in which a minority joint venture partner has a 50.0$ interest, shall be deemed equivalent to having minority participation in 25.0$ of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 9/10/00) Page 9 of 24 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 95 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 9. Compliance a. Upon -completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT USED) ., i i, ~ ,.g,. i ,. ._ a ~.. a_ = ~ , , , _ -. ,.~ c,,,.,. ,,,~ t... ~ ~_ A-24 Surety Bonds Paragraph two (2) of Section B-3-9 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (108) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (108) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (108) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the Section A - SP (Revised 9/18/00) Page 10 of 24 State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) Se2~aa B 6 22, emgt~en Pt~ev3-s-ien "'' F'"' _, ..F Cpl .. __ ....1 ..~ _ .J .. F: ~. ....1 h.. te~ 3 Seet'en 3 ~ 1 e€ Bha "''-`- ^` , P ' ', ~.^ .., ..~: _ _ strat}ve 6ed in _ e e~ y _a~ _ ,~ 2 d~~~€~y--gin the agg~ep~' ate „ 3 " '~ v pp ^ ~, _ _ ..1. ,. _ ~. t, ,. l ....1 ..... ^ J L. ^ , / ' ahes~rtraete~s aye e ' q' h' a €e~ ^' -^ - r ~2sa3~ee~tt€' eate to the ""' ""' "`" - '"~- ~,: A-26 Su elemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 9/18/00) Page 11 of 24 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P:O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide installation floater and professional pollution liability/environmental impairment coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation floater and professional pollution liability/environmental impairment coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation floater insurance coverage and professional pollution liability/environmental impairment coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 9/18/00) Page 12 of 24 A-28 Considerations £or Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, earthwork, geosynthetics installation, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. 2. The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior Section A - SP (Revised 9/18/00) Page 13 of 24 written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 9. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6: A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; Section A - SP (Revised 9/18/00) Page 14 of 24 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with .the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges thatthe City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Ames~ded "Execution of Contract" Rcz ii r~cmcn{S Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - SP (Revised 9/18/00) Page 15 of 24 A-35 City Water Facilities: Special Requirements (NOT USED) E'el' f:e-pew€e~m}n ~rae t~3e af: any-6' E Een4:~ae~e~, 4t' s sabe en>=t~aeE:e~s. "` ""'' " "', "~;"""- ° ' .J ....J F. i "'~ 6'E3 iiat:e~ Bepa£~m ' ' en~ Pe ~senne' "~^ '^""`'"""""" '` , L" "FF-__., L.. ..t "'"r' 9~ en4sa E#en E ~eg~am ,., ~a#} F"_ FL...._ ..,. ~ , t the 6entrae te~ s):a}} not 9Ea gt ~ -c ~a Y 3 as}ve, ega igaent, 9W 4te43, 4 t 1. 3~eaie e~, _^` Tl l ..L - L- ~L_ ___ ___1 .._ /~ _____ ___i _____ ___ C • _______ 1. . ' d ~ ~~ ~ ' ""'`' '" 4:e~ a @m nf: ase s and ega e r a-l. ..•,1-.1 ,. } Stand Pi t' ' ards " /" ,'~' ° '1 eax~ar~t = ena can a -Aa~e~ ~47S 14)S~E'3 -'''-'' d ~ " ''" : `""' "_ ear ~F oa~e~a-~ e~n E e~tn at ~ ~ a d ~ ~ ~~ --'----`- -'----- - a s Sseh ~ate~ tt e ne ~ / i ~ -~ ~ aL wvor /~ tc~ ~ ~ c~ .f i i L -L-d }L - - - - ..- L L ~l r I " ' s ~aete~s, mast a een4:a=ned a4: a " - da ~1-Y Section A - SP (Revised 9/13/00) Page 16 of 24 1 .~.J ...i: F; .... « ~ ~ ...i.J: « I / / I I fie . , _ _ , . ,.,, ~. L. ,. _ -.Y _ L~.~ ,..i L • F..... l .~ C 1 / / ' ~ ~ ~~ l .. .FF...i uu d ns 6 fie a-~e~manen y r ~ i i i Section A - SP (Revised 9/18/00) Page 17 of 24 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract - documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 9/18/00) Page 18 of 24 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. - h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 't ,- b t -° ':-:^'^,.^-o_.._ _ sd m 2--~~. es The Gent~aeEe~ m~xs , ' _,.. _,_ 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three-(3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise the related equipment will not be approved for use on the project. A-37 Amended ^Arrangement and Charge for Water El~raished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", 8- 6-15 Arrangement and Charge for Water Furnished bV the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." Enti or The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) ~~-ssuaaee e€ a ee~ti 'ease e€ seenPane Section A - SP (Revised 9/1B/00) Page 19 of 24 A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (NOT USED) F.... Y t~a~y--~E ~a~°~ ~--adeat esene a' eat T--~-~.a^' ay- A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification S Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Chance Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. Section A - SP (Revised 9/18/00) Page 20 of 24 A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of_ each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highlv Chlorinated water (7/5/00) (NOT USED) L. t .~ .. l .. -1 F.•~. ~~ tan, ~d---R~a¢--e3feeed the-p~,~^.n 've a~-a- mti , ..F ill I ~~ err-~t-k -g~'e~eet """''" "F r A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED) F .. L. _ rte- 1 -.•l l.. r -rl ~. .1, , .-.F ..Fi ..1: y r e , 'regent- Section A - SP (Revised 9/18/00) Page 21 of 24 A-98 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP6L of his -- construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/29/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Re-routing of Traffic During Construction (NOT USED) n..... ... ]_t' r - ~ 1-At~ ~~jf-~ // 1 L L J L_.~'1 ~1 L -'- _ -~...uora ~ '-' /sI ~, _7_...__, -" - - 0 an -- 4 d- - ,'.L_ i.~ =-_--~- : _..: , a~na--~~- pess~~e to Seale -__ ---- - - - -- - - -- -- - m , ~..- ,,...,aa z E 4' h A~'-~=' - -~~s~~ ae ~ rr-~e€-z e r . ' € `L^ '"_ as t€ en he~,.,p ems € e A-51 Amended "Prosecution and Procress" Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: Section A - SP (Revised 9/18/00) Page 22 of 24 "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not. appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is ,terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment addressed through a change order to the contract." Section A - SP (Revised 9/18/00) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT J.C. ELLIOTT LANDFILL S LANDFILL GAS MAN OWNER: CITY OF CORPOS ENGINEER: HDR ENGINEERING, INC. CONTRACTOR: SUBMITTAL .DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/78/00) Page 24 of 24 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16th day of DECE[~ER, 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 Environmental Specialties International, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $6,769,018.19 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: J.C. ELLIOTT LANDFILL FINAL COVER SYSTEM INSTALLATION, PHASE 4-6 & LANDFILL GAS MANAGEMENT SYSTEM PROJECT NO. 5216 (TOTAL BASE BID + ADD.ALT.#1: $6,769,018.19) 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 AN/N6/'l.NN? 7.3: ~6 82G38N2 ENG1Nf_ERIIJG P6VGE 09/12 J.C. Elliott Pix.al Cover System In.neal lari.on, Plxaee RASE Landf. i.ll 4-6 G Landfill Gas t(auagem¢nt System H CD I --- II - ---~ III Iv v - --....... -_.. - ._---.mss ~ --- HID QTY d UNT9' DESCRIPTION VNIT PRICE DID TTf;M I'SEM IN FIGURES PXTENSTON (QTY X tR3SS PRICE IN FIGURES) ] ~~ Ls Mcbi).i.zation/Demobiliaaticn 204,908`00 S. 204 908_00___ _-- Site Gzadin9 co;n))).eCe in 1.436.00 S_.,86i60.00 _ 2 GO AC pace per Acre y~ Woven/Non-Woven Nesd.le 3 119,900 SY Pr.nched Gcos nchetic C).a p l y i a 4.85 - $ 581 515 00 .e acn er L,:.ner comp e n p __.- , . .__ S7 (page Yard 4 11 G, 200 SY Ni~n-Reinforced Geosyrthet i. r. C:.ay liner compt.rcc in place __-_ 4,y2 516,256.00 ___ prr Sguarc Yarcj ._._.._.___.....~ month I:LDPE Geoms!nbrane Si 7_16,201` s't L::ne): ;floor) <:omp).etc s.n _.,,____32:4 378432.00 -._T p:.acc ner Square Y&x'd 'T~as[ured LLUPE Geomambrane 365 c 6 7.19, 900 SY L..ue r. 13).opes) complete in ._..__...._______ , ~3] 635;00___ p..acs per Square Yard O :~aina9e GeocomposiC>. '7 7.3 G,iC0 SY c»nphte in place per. Sgua.t_ 47~. 41 131,42.rz,00._ Y;i'd __-~- 1?-inch erotaccivo scs.l 75 4 ft 110, k00 CY cover, complet:c: .in p7.ace per. . _._.__. __ ,`562,400.00 C lbic Yard 9 '12,900 CY 13-inch Compacted Clay Layex c)mplete in place per cubic 4.75 g 137 27 5.00 7'3zd _ _ . _ T:+psuil (7-.inch thick) 75 4 10 G1, 000 CY cotnpl.ci:e in place Fer Cu_ bit . _-_____ S__ 289 750.00 Yard c UnCrece i3l.ock Rovetmeoi: 6 25 750 00 21$ 17 35,000 S_ Crainage Chutes, canuleca .in . _.,_.__. . , S place per S~uarc_E'oot _ 12 5 6A Crainage Chute outlet Structures complete in place 13 667.00 ..__ ~ I' 68 335, 5 __ .....__-_.._, _ F_1 F~ch = 0 ,,.__ 1:8VYST:U l`rnpONal Fox'C AUUC.NnUH NO. 2 .bye 3 Of ?.x A7"fACNMENT ] 10i 06/7.000 13: A6 H'/.G3 02 [NGTWI_LI2IWG PAGf_~ 1L1/lA T.C. Rlli,oct I.an~3ti11. Y3.na1 Cover 3yntom 2na Cal.lation, Ylxaae 9-6 h Gandf:?].1 Gas Management System DA,S1? nID I 22 III IV V flID QTY & fINl9: DE "aCkiTkTION I7NIT PRICE EID ITEM ITEM IN E?GURP.S EXTENSION (QTY X UNIT kRICE TN EI(R7REa'1 D. ainage Germs, complete in ear Boot Li l 6.31 g 34 074.00 13 5, 900 LP n p ace per ---_.- _, ._.~.__-_ DYe inaye Treu Ch, comp.lcce i.n 9 65 c 50 52 592 lA 5,950 LTi p: ace me.r Li.noar Foot : ___..._. . _ _ , . . --' - _~.___.__.._..i 5!:¢di.,-,9 and. 1Zros.ion Control ~ ' C:,mp1.a CP. in nl.ac¢ per Arx¢ .,_1,1.~5.04Z. S 83160.00_ 15 72 AC I -.-_____-_______ .'_.____ -_.._._._-__.____._. ._..._.....__ ~_._..-_.. __-_._... D;~i11 36-.i.nch uia. VeJ: Ci. r.a]. Vin, 1.1, (ioclud.inq 8.1,1. m..tori.a.is, rJrilli.nq, and 80.00 _ ...............__ c 19600000 , ~ : 16 2.9 fi0 i.F L,inchina) completa~ i.n pl.aca . _.-_ ___ ___ i p':r I,ineax__oor, 'ry P:?andoned. V¢rt.tcal. 47e.L .t Borings, propcrl.y Liackti.l].ed a.ad rov¢red, Completo and in 36.75 _«__ ._ S 7 350_00 _ 1.7 J.00 1..P pla~¢ lx•r Li.naat FooC ~ -..__... _._ _'.__~ _~-_._ '-.-"~-'-I Clndy Cane fiL'tinys far proposed v¢nCs, compete .tn I 137.00 "_...__.._~- 028.00 S 6 13 h4 h:A I p!. s.ce per L•ach .___.._ 1 _~._._ , _...__. - .____-~ __._--___~ Groundwater Mnni.toS.i.ny system I nfa,iificati.ons, tinclud.tny 773.00 61 , 773.00 61 19 1 1.5 dti„L.liny, pl.uygi.ny, and _ y - _ , ._ noandonm~ntl comptei:e In i Exist.tny rence Demolition, ?¢1f LSnCflI' to in lace ln 2.85 34,200.00 S 20 ].'2,000 JiF , p l c:nnp _„___ ,.__. _„_._ Foot New 9-ft Chain Link FenCe., i 19 65 76 850 00 1 8 net:,C comple Ce in plane per L . ~....._. _ , . _ _ . 27 9,000 LF T.onl. u ~ re-grade L•'xi.sti nq Di Crites, i 5.47 504 00 17 " n¢ar c omple Ce in place pe. r. L. _..--.....__..._ . _ , x_ 22 3,200 hF I root ..--`^-- - -- _ _~.- lu.rf J.einforc¢men0 Asst, er Sci laze lace J c in J ~ 35 - ~ 85.00 ., 9,5 J g p ; .a comp - _ 2~ _._ i, loo sx )and. --_.---'- ----._..__ .._-----~- . .----.-_.__...:-._ P.EVtS ~- AD-F;Ii-VM IiO. $ Ycoposai .OYm hTTACIMl;N1' 1 e6fJe h OL 3Z 10/06;1.00£1 13:46 8263002 IENGINl1=ftIIJG PAGL. ].1%SS S-C. P7.liott Ltu:d.Ci11 F:i.nnl Covl?r Byatam Inntallalion, Phasn 4-fi & Land P.i11 Gee: Managemear. System AI+SE AIb .-~ I .._.-..r.. xi ~ ~___,.,,__._..__. III rv v _ HID QS:X 6 lINI1' DESCRIPTION UNIT PRICG AID ITEM ITF,t4 IN FIGURES EXTENSION (QTY X UNIT PRTCP. TN rzcuRES> E:asl-ing Drainage Chute out7.eC Erosion Renoir, 2 578.00 -~ --- s 2 b78.00 24 1 LS enmple l-a i.11 place per Lum:• t -- i--"'" sum _ 1 _ ~ ~_ Sha).l.ow Dents, complete .in 1,516.00 __ s_ _ 57. 80.00 25* h El P';ace nor EBCH _ ._ _ :ormwate,r, Pollution 750.00 P::evention P.l2J? romplete i.n _~.-_. __ .. __<_._ '._ _ ~_ 26 1 i.~S p .ace per LUiOp Surn . . ..._.._ TC'TAL AeISE 13ID: (subtota.l items 7. ~- 26) %,._...__5,302,86650 Motes: ACCtvEl Dumber and locati.!•n o` nha,llow vent.;; slxnll he debermi.ned i.n the field as rleedcd L'o prev~enr. liner up7. ~i.le. L~caL'ionS ;o he a!>prnved by Ckle lingineer prior to inetallation. REVISED i eopo;dl bona 1DDti.WVH Ne. 2 °U4r~ 5 of :2 1.'1°fACiR1CNT 1 10il1Ei2003 7.3:46 fl2G39S2 LNGIhIkLRINCi PAGE 12i lfl J.0. F.1liott LazidE11 l+i.na1 f.'pver fystcm InntallatLon, Phaaa 1-G & Landfi.l.l L•ae n[anagement syatam 1.DDITxVF e1I,TL~'RNTtTE No. 1 I ~ TI I ~ I -~~ IV C -- =~ - V DID QTY & -- DL'BCRIBT201: UNIT PRIL'F, __... = '~ -- Alp ITEtd FXTGNSION ITEM 1JNIT IN PIGUR};S (QTY Y. ITNIT PRICE - IN rxcpRES> _ ~ 10-; r.ch J{DPE I?i.pt~ SUIJ-lleiadeC u_ i~-:l 2, 98G bl' !SL'tt 1.11 (i.ttc:roding all mater,.i.als antl, misc. :i.ttimJS' 41 88 oxcavalion, Uackfi.llt acoe5s , __- S 104 113,68 poi ni:s and install. anion) -~ - cortpl.e Ce and in p).ace per l,ineaY Foot. ~~ ._.___ 12-.inch I{UPE Plgge 4eader (SDR __ _ _._ _-..__.__.__._- n-2 4, 9G0 I,F' 1~) (i.no.Lod.ing a7.1 rater, i.als and mSsc. fittings, excavation, backfill access points, and 32.11 -- - 159y265.60 tns tallaE i.on1 cCmpleL'e and in _...._ _ . _ . _.___ .-..__ pl.acc per. Linear Fooc __ ___ __ __.. _. . _ _ . _ _ I __ 2-inch FIDPE Ni,pe nt.rlinc (SDR ___.__..__ __- 7t-.i ~ 7,ddG LP 9) i.nc.luding all materials anc :n .c. fittin~sl excavation, bac kf: i. J.1, aq~ a:tsta.ilation) con=plate and Sn pl.aca par 2.15 .._.__..__....._._ 16,008.90 v_.__...__.._..._.__. hit oar Foot 'z-inch RUFF Pi o Forcen,ai.n (SDii n-h 7,Ade x,t' 9)iinoluding all macerl~ile and 30 4 miac. fittings, excava r„ton, ba<kfi.t?. and Sns tallaiion) . ..-...__. _ ____.32,017.80 ~~~- ~-~~- conplete and in placa pe.r ----~--~- ~~ I,i[ ear Foot .'- - - ~ 9-;nch BDNL. Pipe (SDR 11) for. - ---'-- >r-Ci 9,9).9 LF' Pre~posed we).1 (1ncludingg a1.L materials and misc. fittings, excavation, backfill and 11.93 ------- S 58,659.81 ins tallati.ont complete and in ""' '-"-~' pl;.ce per Linear Tcot G-:.nch Y.DPE Pipe fSDR 17)in 4' it-•C+ 2; SG% Lt fc deep trench for. Proposed We:.l (.tncluging all mater.>a1s 17.50 --- 44 922 5 0 S and misc. fittings, excavation, ------ - _, . __ _. ~ ~ ~ -~ and insta.llationj complete and in place p.^.r Linear PooC ._. -- - d-:.nch I]DP4' P.tpe (SDR 1 ) For --._._.- _. __.- P.-7 ~ 8, G30 LF 1 Era L•ing Wells ;including al. ], i ry 20 28 ~ =^ materials and m~sc, ttttt s, d:rravat•ion , backfill, end . ___-_ _-. 176,233.20 .in:~talla Cio~t) complete and in p,laec per Linear coot G-..nch tIUPc, Pipe ($pIi .11) FoY F.-8 Y, GO4 LP' F^.x..5i•.ingg Ylells (ancJ.od.i.ng all ~ ~ 28 95 s, ma :eria.ls and mist, £ittang . - ~ S 220,135.80 ex:;;et:af icn, backfill, and. -----. in.,tallatiolt) Complete and i.n ( _ p.1..ice _ ,f eY L.inear Tout ~ itGVISr:.D nnnrtmUn N0. z vrrpesa] mein Yi;e G of la •~tla'TTI,CKKF.1!'[ l Oi OGJ 2808 13:4F 826:802 IdNG1Nf:'ERIIJG I'A(ilE 13!1.8 J, C. )i;,l,liott Landfill, ]"i}Ial COVey Syxtem Sssstallatiou, P.lxasc 4-fi k Landfill Gat} Manapemenr. System ADDITIVG ALTP•.IttinTR No. 1 BTD Q'fY fi DESCRTFTION UNIT PRICE BID I'fGM Ey.TENSION ITEM ONI'f IN FIGURES (QTY X VNIT PRIC$ TN FIGU3FS1 A-9 4 ~A Con~YenSa Ye ForCema.in valves, com').lota and i.n place per Each 4 640.00 - y----- ~. - g 18 560.00 Airline Valves, complete and i.n _ - T^ n.-lo a E:L pin:e per taco _ ~ 985,00 S 7,940.00 l6^inch Isolation Valves, is-J.?. ~ EA connlete and in place per. each _ 12 892_00 g 51,568.00 lJ.--inch TsolaCion vaJ.ves, - A-12 A IiA crnn?lets noel in nl.ace pw, e_ac7? 4,716.00 864 00 S 18 __._._...__.-.__ , . 10-Lt1C7) 7:N(}.Latino Va.L veF„ p-l:'• 7 nal c:nm;>.Ler.e tn(J i.n J)J.xce per Each. 4,275.00 q 8 550 00 , . T:i.e-In t:o exist, 9.nqq Beadrr, I n-i4-'~>~ J l.a cnnnlete and i,n p1e<:e per. I_~ch 5,670_00 S 17010.00_ Tie-In to F,xi sting i,eachal;.c n-Jfi 3 17A C].e.tv}out: Riser, corq~l.c CC and in are per each pl 3,308.00 --~ S 9 924 00 . _-,. , _ "_ Landcec Wel.7.heads far L>rupoaed A~-1G h9 F,F. IVells, (:omple L-e and .in p.larn, 650.00 600 00 26 p¢x L.aG~ --- . , 5 __. Landcec Wellheads fee 3xistin9 A~-i"/ G2 EA Wells, complete and in place I' h 650.00 40,300.00 S per ac _ ,_.- ___.___ .. Surcps; (including Pump, A-]0 3 EA material excavation and kfillj l i 1 l 21_700.00 65 100 00 S ace per comp ete . .n p )ac --- ~---- , . _ -_ _____..__ F.ach k:x]aLinq Sump ret•rofiC anal A-l7 . EA reps t.rs linclnding pumps' t ~ 10,625.00 500 00 5 42 ., Labor) comple e .in materi.a -- ~-- . , -' --~ pJ.a cc pot Lneh RP.'>Iu'ED 1>TUI>UaTJ, FO}'ll TDD°_NDUM ND.1 P+9C ~ UL 1R a'ITAC1MBli'~ 1 1B/0G/2N8E: 13:46 8263802 ENG I:WI7-]:1'NG PP,GL 14/18 J.C. Elliott Landfill Final Cover System Ianl: a.llatiou, Plxasa 7•G k Lsnrit111 Gas Mauagemeat SysL•em f~.DDI1''LV/i d.L1'ERNhTE No. 1 _.. -- _ _._ -..__ ._._ ~----_-- .___ T, 1 ii ~ ISI L LV V -----__-_- -.~--- IIID _.---_ QTY F --- D£SCILTP2'ION UNIT PRICL+ -TA ITEM XXTENETON ITEM UNIT ~ IN FIGURES (QTY X UNIT PRICE IN LIGIRtES) .2onta.i Weil (inc.l udi.ng 8- Hor ,q-lU 1.,750 i..E' . ince NDP£ pipe (SDI¢ 111, Blip'oi.nts, excavation and access oints) b i l} 76.66 '- g 134 155 00 ,.-. , .-- I p at: . , coml')lete and in place par _. _._ _ L.irntar. Font. Lxi .tinq Fla.xe Station 1'tepairs A-21•^ ). hS P.J,1OtVANCE, cemp,l,ere i.n place G;1:10,000 ~ 1AU ~C(iQ per Lvm sum _ -- Vid ao Inspection df Ex.i; ring n-2z't'+ 1 i;S 16-inch reader 3.Sno e"asc ei 00 37 851 851 00 37 Sam'.) 5-1, eolaplrte i,n place per _ _ . , _______-T Lnm) Sum to E::isl:ind i.G- po i.~lt ttepa.i as ' itr-23'v 2 6;.4 , SnmP .ior. ~t lieadcr 1znB F.:asi: oP 2,536.00 $076 00 ~ 8--.1. ::omplece in placr.., per _ .__._..._.__-...__ . . Hcmx~+a and R~_p1.acA i;x is C.inq 1G-- :,..1a+~ 306 LF i.nc~ Hostler LSne, cortplet:c and t Li F 79.75 --~----~•- S 23 925.00 near oo . in p.l.a CG por A-25 4, 2?G LP ]7:e ~;cl: safety complete in place per ]tineer rope: 115 .5__4871;40_ I Additive Alternate No. 1: ;smcotal Itens A-.'•, tl•,r.,, ;.l~~u'> &._- _ 1,466,151.69 +•NaTSS: Did Item T.45 fs for tie-1o of new header liueD en exisClny header ;LineD ar 3 ]ocatione. 'ti.e-in of lateral lines to header Linr~a is not a aapa rate bid item, Trot is slrbsidiaxy Co tbD laceraa line bid ltenl. Jlid :Item ;:-2J. i,s an sl lowaurc. Contractor will to rnimbvrscd uD to S1no, DDO fox reps,ira to cbr existing flare sCat.r.on. Ccotractor shall provide detai. J,ed involcas from CIJe John Y.ink Company Yor. reimUursemen C. Contractor Fhall receive 1G: o:. flare repr.ir vests for administral-i.ve expeascs. Contrauor shall p):ovidr. n [rice breakdown of all cmnponents regc!ri.ng repair for approval prior W comn:enciny war~k. Bid item a-22 inc laden vi2 eo inspection of 16-inch heador line ease of sump 5-1 to ctetexrd ne J.oCflLloll and exaent pE rcpt ir5. ftepa its Co 6C mflde !te approved by EnyineW: undnt Bitl Times A-23 and/mr A-24. Did Items a^23 an0 A-2S are to estabiisix unit ±:ace cos~s ror ropairs tm rxitCi.ng 1G-inch heD.der Line east Vf r:+mp 3-t. ertent. ~)f xnpairs will be 3ucbor5. ar:d by P,n9 inenr 6ennd upnr: a'e'0.Q C? OP ~~Sdeo i.nspettion Ib.td ECCm n-z21. 1:avI::ED 1,DD~NCUM 1V0, Z Prop, .'.ai Po m, ATTACMIENT 1 Yn!tc D of Sz l OI(1G~~'L0E8 ].3: 4fi E2E38G2 EFIGINLiL""RING PAGE 15./7.8 J•C. 13.17,i0tt Landfill A'i.xxPl Cover. System installation, P$aae d•G G. LaaQfi7.1 Gaa MaaagtlmeaC Syatum ADDSTSVL' ALTCRNATL• N0. 1 SSD SUI+IDIAliY Total Hann 73id: (lrotal items 1 - 2G) S. 5_302,866.50 _____ _ Additive Alternate ND. :Lt (<.ubtoc~l 7.ecm:: r,-1. ttu•u n-25) 5_.1.466.151 _69 ____._____ Total Base aid h•1vo Add.+. r.S.ve Altrraate ND. 1: ;_6,769,018.19 _u ^[VSFf.U Paopos'al 2unn l,Dp6NDiR1 tYp. 2 rT3m 9 of xs J+STAOIM1AR.'f A The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 270 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST City Secretary CITY O/jF~CORPUS CHRISTI By: C/~< ~~ Oscar Martinez, ssistant City Manager APPR~OV(E~DA, AS~_TO LEGAL FORM: BY: ° V,V~ Asst. City Attorney ATTEST: (If Corporation) ,~~~~~ lei (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) By: / Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Title: `~ ~ ~ ""-~~~! 7943 PECUE LAND, SUITE A (Address) BATON ROUGE, LA 70809 (City) (State)(ZIP) 225/291-2700 * 225/291-2788 (Phone) (Fax) `~'~ Q u -3~~ . ArUTHQRIZt~~ 6P COUR1C3l.....«.~ ~ ~P.~ .~ /1~ ~.._ ..............~ ::4r' Agreement SECftETAQY Page 2 of 2 RESOLUTION OF THE BOARD OF DIRECTORS ENVIRONMENTAL SPECIALTIES INTERNATIONAL, INC. BE IT RESOLVED that Kevin Simms, is authorized to execute any documents as he shall, in his sole discretion and judgment, deem to be appropriate and desirable to accomplish the foregoing, containing such terms as he, in his sole judgment, deem advisable. Vice President ~f Co~fruction Management I certify that I am the duly acting and qualified Vice President of ENVIRONMENTAL SPECIALTIES INTERNATIONAL, INC. and that: (a) ENVIRONMENTAL SPECIALTIES INTERNATIONAL, INC. is duly organized and existing under the laws of the State of Louisiana; that all franchise and other taxes required to maintain its corporate existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for forfeiture of its Charter or for its dissolution, voluntarily or involuntarily; that it is duly qualified to do business in the State of Louisiana and is in good standing with such State; that there is no provision in the Articles of Incorporation or Bylaws of said Corporation limiting the power of the Board of Directors to pass the Resolutions set out above and that the same are in conformity with the provisions of said Articles of Incorporation and Bylaws; and (b) The above and foregoing constitutes a true and correct copy of Resolutions duly adopted at a meeting of the Board of Directors of said Corporation held on the 30TH day of May, 2006, at which meeting a quorum was present and voted in favor of said Resolutions, and said Resolutions have never been modified or rescinded and are still in full force and effect. J Kelly L. Dillon Secretary/Treasurer Sworn to and subscribed ore me this day o~~~~~ 2006. W the s `~ Dale M. Mass Notary Public Commissioned for Life 7 Witness WITNESS AFFIDAVIT STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME, the undersigned authority, aNotary Public, duly commissioned and qualified in and for the above and foregoing State and Pazish, personally came and appeared: who, after being first duly sworn, did then depose and state that: Affiant states that he/she is a subscribing witness to the foregoing instrument, and he/she ~rZ ~ y ~ ~ ~ ~ ~.;~ ,duly authorized on states that said instrument was signed by behalf of Environmental Specialties International, Inc. as his own free act and of his own free will, forthe uses and purposes therein s``e//tforth. ~~~~L ~~ this ~J day of SWO TO AND SUBSCRIBED before me, Notary, ,~, 2006, at aton Ro ouisiana. DALE M. MARS NOTARY PUBLIC BAR ROLL #9613 MY COMMISSION IS FOR LIFE. ]0/C1G/2J88 ]"s:4G £126381]2 L'IJGINEERING PAGE 87i 18 P R O 1~ O SAL F 0 Y. M F 0 R .d.G. FLd~dOTT LANDI+dLL kTNAd.. C~V~R ~Y5`X']EM dNST,ILLA ~'X~N, :I.'Id.A.S]L 4-C Rr dJt~iVDX<XJLT~ CYAS MA.NA.f;rl!.Md;N'd' ~Y;S'C'C,1V[ DF;PABT'MSN]' OF SNGINBIIR7NG SSBVICL'S C1''PY OL3 COP.PUS CY.BIST7[~ TB1U15 RCYIS Up AUllSNUUl9 N0. 7. Peopoenl FOLIa l.'l'TAf.HMENT 3 Yuge 1 of 1^ lb/06/ebbs 13:46 9263bb2 EWGII~ECRTNG P1GE b8/18 P R O P O S A L 1'.lace Oate: October 14, 2008.._____ Nroposal. of._Environmental Specialties International, Inc. ,__T~~,___~ a Corparat-ion. organized and exi.stin.y under the law;: of 1;he Sta1:e of Louisiana OR a Partnc~rsh~ip oz Tndi.vidun7. doing business as TO: The Cil'y of: Cor.~F~un Ch*r3.ni:;i, Texala GanL-].emen: The undersigned hereby p.raposes 1:o furnisi'~ all .labor and tnatEerials, tool„ anc necessary equilanent, and to perform the work requa.red for: J.C. $LLTOTT LANDT'TLL FTNAI. COVER SYSTEbf INSTAY:,LATTON, PHASE Q^6 ~ LANDFILL GA5 MANAGEN-_'+NT SYSTEM at the locations se': out by thr_ plans and specifications and in str.ic4. accordance with the contract dOCUments for the fol. ].owing prices, to-wiC: ~i~rsro noorsuoucr qu. z PtnVo.:ai Yotm ppgrC7QIFN'.P 1 Paryc 2 of i2 a0/NF/2NNF, 13:46 8263flN2 EIdGINf_f_RIIdG P",GE E19/7B S. C. Elliott Landf.i 11 Final Cover SycCem A+.ncallstion, Phana 4-6 & Landfill Gan t4anagenient Syatem DASk: -IU I u III lv v HIU QTY S IINII' DESCRIPTION tlT1IT PRICE AID ITF~M I~IgN IN FIGURES EXTENSION (QTY X UNST PRICE IN FICURESI I. 1 1.5 Mcbi].i.zation/Demobilizaricn 204,908.00 S, 204 908.00___ T Site Grading CornpLeLe .i.n 1436.00 S_,86,160.00 _ GO AC place peY. Wore '~ i Woven/Non-Woven~Need.le 3 119,900 SY 41.nebed Geosynchetic Clay cn l er i : 4_85 - 581 515 00 S p L:.ner comp .e :e n p ~a Sriua~;c yard _ -- _ . _. _ A S1G, 800 SY Nnn-Reinforced GeoeyntheCi.r. C:.ay Liner co'aplcatc in place .___4.42 ; _516, 2 56.00 pnr Square Yard _ . Snooth 1;f.,U4E 6eornembranr: 116,uGO sr L::ne): ;Iloo=I arnnpLeCo in ___- 3:24 "• 37843200_.,.. p:.aca ner Square Yard T~ex[ured LLU4E Geomomhrane 3 65 6 7.79,900 SY L..ner. (aJ.oncs) canpleCe in . .. --- ---- ---- ,<, 35,00 . 4~7 ~.._-......--- i p..ac2 per Square Yard q:~sinage leocompusf.Ce '7 7.3 G, X00 SY c>mpiete in placa per. sgua.r_ ____.-4_7$ 51,131,420,00-_ Y ]rd - ~^ la-inch Protertine Sci.l 4 75 1t 110, 400 CY Cover, complel:c; .in pl,a::e per. . __~.__.___ g 562,400.00 C ]h.ic Yazd 1,3-inch CompacCed Clay Layer 9 28,900 CY )mF1aCc in place per cubic r 4.75 137 275A0 S , _ _ _.. ---'- Yard ' T:+Psoil ('7-~.inch Chick) 4 75 10 61, 000 CY carnpl. ~a:e in place per Cubic . _-____ S_-_ 289,750.00. Yard -- ---_~-~~-- Concre Ce lil.ock ReveCmeni: 6 25 750 00 218 li 35,000 s Cra7nage Chucea, canpla[a .in . . _.._._._._. . , S place per SOpare E'ooC _ 17, i f.A Crainaga C'nuCe Out leC S[ruat:uras cornplete in place 13 667.00 _~-.....-_ 5 _ 68335:00_ -....__-__. -_ - par Gar.h -- -- J 11 SV IS~:U FFDpfIATl FOl'Lt BUDF.V1)LM N0. 2 i.]MAGM(CN4 1 i Age 3 of 0.+ 70/06/2000 17; AG B2G3£t02 LiNGINGL12IhiG PAG£_~ 1£i/IS T.C. RL1i.UL't I~andiilJ. }+7,r,a7. Coves 9ya Cam Ius l-allation, P1laHa 9-b 6 Lnudfill Gar: MaaaQemen6 SysCCm D1\S]? liID I I _ L _- zV ._- v___~- _ IIID QTY & UNI9! ..~ -_~ _. DE "aCltl'PTION UNIT PRICE BID ITEM ITEM IN E'I6URES E?:TENSION (QTY X UNIT PRICE IN PsculLESi T Dx aimiye Germs, comp.letu in 6.31 00 34 074 S 13 5, 400 I,P 1>1 aCF. parr Linear Bove _. -. , _ -_ Dra ]nape Rrench, como.le t.: i.n 65 9 c 52 592.50 SA 5,950 LL' P~ aca ner Li~no~r toot . _-.----. - , _._,___ _ _...._ Soeding and. Eros.i mi Conl;rol rc 1 0 0 `J ~ :~>`2 S 83 160.00 r cump].ete in p.l.ace per . -.. . .. _.._ ~. ....._...___ .. ~. D::711 36-:inch dia. Vertical r = w,:]..1, Lincludinq al.l. imx Cezi.a.l&, dril l.i.itq, and 80.00 a 196 000.00 . _.__ . __ . ]. fi 7A.e0 x•F bnneBing) eomPl eL-c i.n p18ea __ . - _ P':r I_SnCLix_bol: P]>andoned. Vertical wn.t.l B•>rings, l»:opcrl.= Uack,t i.lled aatl covered, oom_lete and in `^- 36.75 _.. S 7$50_00 _ 1.7 'J.00 LP pLaCe per. Li.nea.r Cool ~ Cindy Cane EiL'C inys for I g~opos~:d vents, cnmpirsce in _ _137.00 '-- g 6,028.00 73 h9 L:A p.. n.ce per Each -_ Gcoundwat-er P1on i.to7:l.ny SySten m>dificeti.nns, (including 00 61 773 773.00 ;;61 dCf.,tliny, pl.ugginy, and _ _ - _ , -- -- 19 1 7:5 a~andonmrntl compl M:e in ____ ._.__. plncrs er Llnll) $Vm 1-.~-~ .~„~..,.+~______ _ _.___ ..._. Eniat.iny i?ence Demolition' 2.85 200.00 34 $ complete in place par, iineA)7 - , ~___ _.___.__.._-_ 20 1.7.,000 LC Sew II-ft Cnain Link Bence, i 19.65 00 176 850 " nee.T comple Ce in place per L ___.___ , . a __, _ 21 9,000 LF I ont. _ _ i _ __._ ___~. .._ .-_~_~_ _ re-yrado sxisting Ditr.hes' 5.47 I 504.00 S 17 22 3,200 LF' complete i.n piece pex Linear -- __.........___.- , ~._-- poot _ - i Turf Ha.in.`urcemen. Hat, er S<itrare lace i l 1.35 < 9,585.00 n g p .ace romp 23 7,100 :X lard- P.N.TSl;D A~nGHDUM no. 2 Yicpos~l Form 11TTACIa1tNR 1 [+:.rye oC 1x 10/06:2008 1{i: 4G 8268002 I7JGINGERII4G FAG[ 7.1 i'7.6 J.C. gl.l.iott LnndLil2 RJ.anl CovOr System Ianl'allaCioa, Phaoe 4-G & lianclPi:ll Gas Mauagemenr. System Ae1SE AID gip QTY s [1NIT DESCRIPTION UNIT PRICE giD ITEM IN FIGURES EXTENSION TTF.M (QTY' X UNIT PRICE IN Fz>URrs> ---_~^ -~ - E::ial'ing Drainage Cfi)te Duel.eC e):osion ttepair, 2 578.00 ~. d4......... s__ 2 5_7_8_._00 ~.1. r 2q 1 L5 complete Y.n place per Lum ~~ Shal.l.ow t+enta, complete .ir, 1,516.00 -""-'-' S___ ] 580.00 25• y gR p:,acr_ per EFCN _ ~ S:onewater. Po1luCiur' 750.00 S 750 00 P-event ion P12b complete i.n _~._----- . __,__.._ ;g 1 i5 p.ac2 pEr lump Sum 7'O'T.T.L AA^SE HIU: (Subtotal. Items 7. ~- "I.61 ;,,._.___5,302,866_50 _..__, "Notes: Actual number and locati.c n~j o` sRallnm vent., aga17. he del;ermi.ned i.n the. L'ield ax needed Co pxev0ac ling up l.ili l•. Aaca Lions .;o be agpmvc;d by Ckte rng incB:r prior: to installat i.on. ftF.VISEa w01>WIM N0. 2 FYOpU.^•Bi 1~aKlq ~~r1 P~CIMfyijT 1 'Bq~9 5 tIt i= 10i OEi 2003 13:46 32Ci3$0'2 L'NGIhIrERYIJ6 PF1GE 12i ifi u.0. F,1liott l;azidA.ill I~iAal Cnvor fystam Inatallatioa, P3wse 4-6 6 [.aadEi.l1 Gus }lanag~ment 5yatem TDDITxVE dI,TERNXrTC No. 1 I ~ f . --__ IiI _ I-~~ _-~,,,.-~.-..- AID QTY & DSSCRIPTxON UNIT PRIL`g Hl'D ITAM F.RTENSION ITEM UNIT 2N ^I(:URP,S (QTX Y. UNIT PRICE - - - zN rxcnaES> ---~ -SO-inch JiUPE ntpro Sub-heador -- A-:l 2,466 b4' (SCa 171 (.tncludi.ny all mater..iaJ.s and, misc. rittin9s' oxcavation, backfi.llt across 41.88 -__ S 1 4 113.68 " ~'-' - pointy and insl'al].a.T.>.on) - - -~ cotrpl.ete and in p7.acr; per Linear eooc. _ __ 12-inch 73UPE Pippe 4eadex (SDR n-2 4,9G0 'f..F' 17) (j,nclu<ling a1.1 materials and misc. fittings, exca+ation, backfill access potnrs, and $x.1,1 -~ - S __1b9 265_60 ins talla~i.on1 ccmnlete and in pl.ecc per. Liaeax root 2-inch NDPE Pi, P. Jlirlinc (SDIt A-.i ~,n4G T.i' ?1 i.nn,ludinQ all material:: ani misc. fittings, excavation, 2.15 ---"-~- 008.90 16 bar lCl: i.ll, and ins ta.ilaCionl ------ , ~--..__.....-.....__._._- con:plate and in place pex Lirear Poor n-4 7 A46 a f '-3 net? FIUPE P.l F~e Foxcemai.n (5L`i: ts and 9)iinc1uc73n ail materia , , g . 4 30 mie.c. fittings, excavation, . -~~--- - 32 017 80 bee k3:i11 and installst.ion) , . __..__.. ._ ___..__ con.plate and in platy pex hir ear roof - ---~~-~ 4-inch HDFL. Pipe (SDR 11) ior. h~-5 4, 97.7 LI? Prc~pnsed Woll (i.ncludiny all materials and misc. fittings, excavation, .Cacktill and 11.93 ------- 58 659.81 in: tallatioDl comolete and in "--- '- ~~--~- plrce per Linear foot 6-:.nth NDPE Pipe (SDR 11)in 4- l-~6 2, 5G7 LL•" Et de0n trench Eor Proposed We:.l (lnclodin all macertais i 17.50 - - 50 44 922 $ nos, exazval:ion, and mi.c• fitt ------ - , . ~___._ --.__.... arn1 instal,lah ionj cwnpla L'e and in place per L=near Foot a-:.nth tlf?P}. P,tpc (SUtt 11) Cor A-7 6,690 I•F 0r.:.slinc~I Wells Iinclu:ling y,l, ], d i g i 2028 materials an m st, tti.n s, err:avahiot: backfill, and -'------'- ..-.. .__ -- g 176,233.20 .in:~tal.la Cion) complete and j.n place hax Linear roof 6-,.nc:h }mP8", P3.pe (SDR A1) ^or i F. 3 Y, GO4 LE' . Cx_sl•.in F7ells (l.nrl.ud.i.rq all ms:aria~s and misc. fitt.l itgs, 28.95 ~ 220,135.80 e::~:nvatinn, backfill, and. '- -----~ in.;Ca].14tiOlt) Completa and irl i -- ------ pl.,tce per L.inezr Foot _ `.-'- t ------ iiliv:(; rD PSI.•PCSTr. Coxm AnnENDUM ne. ]. Y.~;a G of tZ TTTACWA:NR 1 10/OGJ 200^o 13:46 8263802 hNGINL':ERIIJEi !''AGE 13!18 0. C'. I:;,l,l}pt Y. I~andFiil. P'ina]. COVea System Isss Cxllatiou, P. base 4-6 & T,andCill Gan NanagemeRC Sysr.¢m hDDITIVG .N.TN[tNAT.E Nn- 1 x zI III ~ Iv v HTD QTY 8 DESCRIPTION UNIT PRICE HID ITEM EXTENSION ITEM iJNIT IN L^IGCJRES (QTY X UNIT PRTCS. 'LN k`IGURHS) Condensate Forc¢mai,n valves, - A-9 4 3A corh~.kete and in place per Each 4 640.00 -1-__-_ - g -_18 560.00_ Airline Va.l ves, corrpl rt¢ and i.n A-10 a EA pla>e p¢z• each - 1,Q.85,~4 g 7,940.00 16^inch IsolaC ion valv¢s,y~ is-11 4 EA carn>.1eCC and in p).ace per. Each 12 892_00 51 568.00 12--inch Isola!'. i.on valves, A-17. A P;A ::rnn;olei:e and in place 1>¢r =_aCl: 4,716,00 S 18 864 00 _.,,-. , . 30-inch J'spla C:i en valves, A~-13 7 FJ, crnn~ler.e 2.nd in place per Each. 4,275.00 S 8 550 00 --._ ...._....__._._ . . 'f:i.e-In i:o ExJ.e lainqq n¢ader, A-1h+-+~ 7 P.A com~].eCn antl i,n p.lace p¢r Cwh -_ 5;670.00 $ 17 010.00 Tie-In Lo F.xis ling Leacbatc ~` A-16 3 IA C].n!morat: R.i.uer, compLet¢ and in 308.00 3 p ].ace per each , - S __. 9,924_00_- - ------- _ LAndtec Ne !.!.heads for L'ropoS¢rJ- _-~__-- -_----~ A-16 h9 Ee? 1Q¢ll^, complete and in p'Lao¢ n 650.00 600.00 28 S per rai ---- , __. - LandC¢c Wellheads Eor Exit ing A-1'/ 62 IiA ut¢11^„ complete and in place E h 650.00 40,300.00 S ac pez ,_-- 9urrpsr (includint1 pump, n-kfi 3 EA mater.al excavation and. uackiilif comPlet•e i.n plane pez 21,700_00 -- -•- -- S_ 65,100.00 _____.._._ Each E:xi at.ing Bump reC ro[.U; and A-ly 4 F.A repalrg !including pump3' t ahor) complete Ln rwte aS r~ 10,625.00 --- -- 500.0 0 5 42 . . . ., . pi.a CO por Eu=~h , __ _ ~" sevsssn l supeaal 4n1•.l, Anndnaun en.2 Vn9f. 7 nL LZ A•r2ACIMC.NT-L 18/8G/288E 13:46 8263882 Liv'6INEEk1'h!G PP,GL 14/18 J•C. u111ott. Landfill Final Covet SyHtem IuSl:allatiou, Phasa h-G R Lanrlt111 Gao Mauagemoat SysL•em !).DllITIVG T1Ti.AN7rTB No. 1 I LL - -- III ^~ Lb __ D _ ^AID QTY S DESCAIPT:LON UNIT PRLCE A2D TTI;M EX4`BNSION ITAM fINLT IN FIGURES IQTY X UNIT PAICtI IN FIGURES) ~~- -- zoneal Well (i»c.l udi.ng b- Hor A-7.0 1,750 i,f:~ ; Sne.) ADPI'. pipe (SDIi 11), -lip~oi.nta, e;:cavaticn and 76.66_ I 00 155 S 134 bac;~i.l}, access pointanr. coml')lete and !n placn _ . , --- ------- L.in•da Y. Fool. Gxi >ti.nqq Flare Station Repairs ~ n-21~--~~ 1 l.~S acc A1,L•riVANCE, ccmp].ete. i.n pl $1:10,000 S 1AU~000 -- per Lam Sum _^J Vitl?o Inspection v1: Exis r,inq a-za++~ 1 LS 1G-inch Aeadcr Lane E:asc of 37 851.00 37,851.00 Sumo 5-1, complntn i,n p.tace~ p,er -_--~-~ Lum') Sum Po i. ~tt Repa.i.rs to Elsa sl:inc) 1.6- ' n: -23'+ 2 EA SOmP foci Hoadv=r L1.nn F.Las1: of 2,538.00 - -------~ ,. 076.00 + 5 5--1. <:omp.lete in place. per ~-- -- , Aem xuo and Replace Exlsti.ng 1G-- ;;..pa.* 300 l.l' i.nc.l lieador Lxne, wrgxletc and 79.75 ----~- $ 23 925 00 .i.n p.l.aco por Lineaz.FooL_ , -.,.-- /1-25 ',236 hF tf):each safety eomplece .in mace 11 5 prr l.~inet?r Enos: - _ S_ 4.871;40.__ Addi.6iv'e Alternate No. 1: 1,466,151.69 ;Subtotal Items A-'•. tPlru ,1-25) $.._ ... _ .. + ~ no'res Iii<t Iiem T.•14 is `.or tie-::n of now header lin[s to exintiny header linen ac 3 iecutions. Ti.e-i.n of lateral lines to header L+'nas is not a snparnta hi.d item, Inlt is eubsidiazy Co tl+e laceral l.inc bid item. Jiid :(Cem n-23. is an al lowaure. Contractor will be reimbursed vr.. L'o $140,000 for repa,ixs to ChL- exisCing flare sl'at:.i on. Contractor shall plrovide detai.lcd invnlces from Clte John Sink Company fur. xeirtJ)w:nement. Contxactor ahal.l Yeceive 15: oF. `.lore repair costa for adminiscxative expenses. rontrancor shall pro~.ide n lrl.ce breakdown of all cgnponenta requ!ri.n0 repaix for approval prior to co;mrencing work. Hid Item n-22 int hides wit eo inspecti.on of 1G-inch header line case of Hump S-1 co dotexmine 1.OCHtio11 And extent of rCpef Y. a. Repairn Cn be mode ae approvod by Enyineer, urtd¢r Hid Timn5 A-23 and/or a-za. Bid Item.^> n••2i nnrl A-24 are to 2scablish unit sate COe--': fot repairs tv exisl:3.ng 1G-inch header line e;tsC Vf sump ^,-l. GY.tent. ~,f repai vs will UC aucho.; i.2r:d )?y Gnyineer baoad upon re&ulte oi' video in';pe C[l.On Ili.ld Lt Can n-7.21 . pi.opota! Form nTTACxtArNR 3 Ym;c oaf 12 ].0lGG/2H0£ 13: 4G £2E~3£02 EWGINL-:L"fZING h;ffiE ]5!].S ~.(:. 1;1J.ioct Landit.ll PinaJ. Cover. 9yctem Snal•all¢tinn, PuDDe 4•G & I,flndti7.1 GaD DSanagnmessC SyDL'em ADD3T,LVG ALTERNATE NO. 1 HSD 5UMD'I7SRY' Total Aasa Bid' (Total Stems A - 26) $ 5,302,866.50 _ AAQi Civf All:¢ruate Nn. 7.t (Subtotal Hems A-7. etxru n-25> 5, 1 486151,69 ______.___. Total Baca Hid yluo nddr..t.vc A7. t.exanto No. if ~ 6,769,018.19_ _~...__ r,cvixi;D piopop'sl Bonn ADD6NDVN ND. 2 3'agf. 9 aF. 1~. ATTACIenRItT 1 ll1!O6/2H(i8 15:46 J2G3882 LNGINIcERING P;aCiIE 1f11. F; The mldersigned hereby declares ghat. he has vis.i.ted thr site and has carefu7.ly exami.rnld the plans, specificat).ons and conr„raet documents relatiny to the work covered by his bi.d or bids, that he agxccs to do t:he worJc, and that no re:presenCations made by l:he C.i.ty are ::n any sense-• a warranty but are. mere e-stimate~s roc, the guidance oP the Contractor. [Jpon notification oP award o{ C:O?1traCtr we will within tan (101 calendar days execute: the forma]. contract and wi:Ll dclive.r a Per;tonnance Frond (as required) for. the faithful, pe:r.Sormance of this Contract anU a Payment- Plond (as regci.redl Co insure payment fo.r all labor and materials. Thu b.i.d bond attad~ed to this proposal, in L-he amount of 53 of the highest: amount bad, is to .became the property of L-hc City of Corpus Christi in the event the contract and bonds arc not execute-d within the times above ser- forth as i.iquidatetl damages Por the delay and additional tro.rk caused thereby. Minority/Mi.nority Business Enterprise Participation: 'L'}pe apparenl: ].ow bidder :hall, r;ithin f:i.ve days of receipt. of b.i.ds, subn;i.t to L-t]e City P:.ngineer, in wri.tiny, the names and addresses of X131:•'. f:i.rms parti.ci.pat.i.ng in the ~:ont:ract-and a descri.pti_en of 'the wor'r. I:o br; pe,r-formed and its rloll.ar value tor: bi.d cvaluat:ion purpose. Number of :'igned 3e{s of Documents; The cont:r.-acl: and. a]. ]. borxls wi,)J. be prr.pared i. r: nip: less Char. four cowv.c•rpart (o.r..i.gi.nal. si.gnecq sets, T.vnr. of Cope.plction: '.l'he undersi.gnr--d agrees to complete the work sri.Chi.n One-Attndred Eighty (7.80) aalanda= daps for the Bare Aid and an addi ti.onal ninety (9U; calendar days if Additive Alternate No. 7. .i.3 ataarderl Proat tho date designated by a DJotk Order. The under.s:icpied PurCher decaares that he w.i17. pl:ovi-dc a.l.l. necessary L-ools and e.pparat.us, do a.l.]. the rror.h and iiurni.sh al..l. materials and do everything J:equ;ired to carry out the above mentioned work covered by .:his propose]., in sL--_:ict accordance w9.th the contract documents and the r.egu.i.remonts per.taininy t.he.rse.o, Por, the sum or. sums above set forth. Receipt, of the, f01.Lowi.ng addenda is acknowledged (addenda nurrd-er) : 01.02 & 03 __-_. Respectfully 1: - Name:: _ Byp K~ev,~~Sim -----...._..--~---- (SF•AJ• - Il? B;CDDER Z5 - (S43'+ TURE) y'- ~^ a Co rporat.i.on) }SddreSg: 7943 Pecue Land, SUiteA _ Baton Rouge Louisiana 70809 (Ci.ty) (State) (Zip) TF.1.ephonet [225)291-2700 _ NOT¢: Do not do Cach b.id fxan oe60-*. papers. F.i ).'. in ui.eh in4: anc9 euLmi.t wmplei:e wigh ai; ta:.h=d paper+. (neap red m;go::c 20P01 RPVTS'ISU hO~ENn1IM N0. 2 frcpon.+.1 mm~ P.TTACIPh;KT 1 2aya ].0 of 13 P E R F O R M A N C E B O N D Bond Number: TJ{IFSU0380G09 STATE OE TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Environmental_ Specialties International, inp. of Baton Rouge Parish, Louisiana, hereinafter called "Principal", and INTERNATIONAL FIDELITYEJSURANCECOMPANY , a corporation organized under the laws of the State of Newlersey and duly authorized to do business i.n 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 SI7t MILLION, SEVEN HUNDRED SIXTY-NINE THOUSAND EIGHTEEN AND 19/100($6,769,018.19) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: TAE CONAITION OF THIS OBLIGATION I$ SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of DECEMBER , 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT LANAFILT~ FINAL COVER SYSTEM INSTALLATION, PHASE 9-6 & LANDFILL GAS MANAGEMENT SYSTEM PROJECT NO. 5216 (TOTAL SASE BID + ADD.ALT.#1: $6,769,018.19) 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 i.f the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a pexiod 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, Ve.rnon'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 WTTNES3 WHEREQF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the zznd day of December , 2008 PRINCIPAL INTERNATIONAL, INC. By: b ATTEST ~~~ ~~ (Pr,int Name & Titl ¢) $VRETY INTERNATIONAL FIDELITY INSURANCE COMPANY By: Donna Lynch Attorney-in-fact {Print Name) Agency: Swantaer & Gordon Insurance Agency, LLP COntsct Pet'SOrl: Howard M. Cantwell AddreBS: 500 Norlh Shoreline Blvd., Suite 1200 Corpus Christi, Texas 78471 Phone ,Number: 361-883-1711 / Fax:361-844-0101 (NOTE: Date of Performance IIond must not be prior to date of contra et)(Re visad 3/00) Performance Hond Page 2 of 2 Tel (973) 624-7"Jw YU W L+,K Ul+~ A~l~"l~VKI~~ Y INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL bIEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COdIPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the Ciry of Newark, New Jersey, does hereby constitute and appoint ! DAN WOLFE, DONNA LYNCH, KEITH DEGARMO, CAROLYN BRINEGAR, SARAH MORROW ii TX. _.. its true and lawful attorney(s)-rmfact to execute, seal and deliver for and on its behalf as sureryr any and all bonds and undertakings contracts of indemnity and other writings obligatory, m the nature thereof, which are or may be allowed, required or permuted by law,. stature, rule, regulatton, contract or otherwise, and the execution of such instrument(s) in.pursumse of these presents, shall be as binding upon the satd INTERNATIONAL FIDELITY INSURANCE COh~H'ANY, as fully and amply, to all intents and purposes, as tf the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adop974 by the Board of Directors of WTBRNA IONAL FIDELITY WSTJRANCE COMPANY at a meeting called and held on the 7th day of February, (1 .The President or any Vice President, Executive Vice President, Secremry or Assistant Secremry, shall have power and authority (1) undeitek ntgs,tcont acts ofaindemnhy and otherrwritings obligatorybnh he natureCtM1 meoF anti nd attach the Seal of the Company thereto, bonds and (2) To remove, at any time, any such attorney-in-fact and revoke the audtority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted a[ a meeting duly called and held on the 29th day of April, 1982 of which the following is a [rue excerpt: Now therefore the signatures of such officers and the seal of the Company, may be affixed to any such power of attorney or, any certificate relating thereto by facsimile, and any such power of attorney or certificare bearing such facsmJe signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undermking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused [his instrument to be signed and its corporate seal to be affixed by its authorized offerer, this 6th Day of July, 2006 INTERNATIONAL FIDELITY INSURANCE COMPANY J / r STATE OF NEW 7ERSEY ~ County of Essex ~/' / ~~%Jy~ ~~ Vice President On this, 6tlt Day of July, 20(16 before the came the individual who executed the precedine instnument, to me personally known, and, been by me dulysworn, said the ha is the therein described and authorized officer of the INTERNATIONAL FmELITY INSURANCE COhIPANY; that the seal affixed to said instrument is the Gr!!onte Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IV TESTIMONY WHEREOF, I have herewuo set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. C,~~~Y,,t'f ~~tfv~~:~Cl A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires July 14th 2008 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COhIPAN'Y do hereby cenify that I have compared the foregoing copy of rho Power of Attorney and aNiJavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Auomey, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COh7PANY, and that the same are correct transcripts thereof, and of [he whole of the said originals, and that the said Power of A«orney has not been revoked and is now in full force anJ eRect IN TESTIMONY WHEREOF, I have hereumo set my hand this 22Dd day of DC 0 bet, 2 0 ssistant Sec mry P A X M E N T B O N D Bond Number: TXIFSU0380G09 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Environmental Specialties International, Inc. of Baton Rouge Parish, Louisiana, hereinafter called "Principal", andIN"I'ERNATIONALFB)ELITYINSURANCECOMPANY , a corporation organized under the laws of the State of New Jersey , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and Firmly bound unto the City of Corpus ChrisT.i, 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 STX 19/100 ($6,769,018.19) 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 OE THIS OBLIGATION IS 9UCA THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH day DECEMBER , 20 OB , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT LANDFILL FINAL COVER 3YSTEtB INSTALLATION, PRASE 4-6 S LANDFILL GAS MANAGEMENT SXSTEM PROJECT NO. 5216 (TOTAZ BASE BSD + ADD.ALT.~1: $fi,769,018.19) NOSff, THEREFORE, if the principal shal]. 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 obl~.gation 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 7 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 L-erms "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 WfiEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 22nd day of December , 2008 i?r:RlNCZaA>i ATTEST U (`Gi ~C lc (`/`_ / !Yl LCt~ ~jnC~,77L (Print Name 6 Title) SURETY INTERNATIONAL FIDELITY INSURANCE COMPANY AgenC,y; Swanfier & Gordon Insurance Agency, LLP COntHCt pBZ'3oi2:HowardM.Cantwell AddrBBS: 500 North Shoreline Blvd., Suite 1200 Corpus Christi, Texas 78471 Phone Numbe7c': 361-883-1711 /Fax: 361-844-0101 (NOTIi: Pate of Payment Bond must not be pr.tor to date of contract) (Revised 3/DB) Payment Bond Page 2 of 2 ACORDµ CERTTFfCATE OF LIABILITY I JOHN HE1i0RY INSURANCE AGENCY 4833 MAIN STREET P.O. BOX 2S0 2A6HAkY, LA 70741 7983 Pecue-Lame Ste. A Satan Rouge, LA 70809 IN9WRERS AFFOROMG COVERAGE INSURERA 2nri Eh American 7ne_ GATE IMMfOD/TYYYI NAIC # M P AY PF'RTAIN. 7HE INSURANCE AFFORDED BV THE POLICIES DESCRIBED:HEREIN 15 SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AOORELiATE LlMRS SHOWNMAY HAVE SEEN REDUCED HY PAID CLAIM. • INSR TYPE OFINSURA E ROLICY NUMBER PO LY E POWGY TIGN WMITS OENERALLIABIWTY GLO5870151-03 Ol 31/2008 Ol/31•/~009 EACH OCCURRENCE S 1,.000 QO X COMMERCUIL GENERAL LViBILRY V~ BAMAGETO RENTED y lOO OOO CLAIMS MADE QOCCUR MEOE%P lAnymepersonl 5 5 OO A PERSONALLAOVINJURY 5 1 OOO OO GENERAL AGGREGATE 3 \ 2.POO. OO GEML AGGREGATE LIMIT APPDESPER PRODUCTS-GOMPIOP AGG 5 2,000 OO POLICY. jE~ LOG AUT )( OMOBILE UAENLIN ANY AUTO 8A9679856 01/31/2008 Ol/31/ZQO9 J COMENIEO SINGLE LIMIT (Ea acveanll 5 ~ 1 OOO , OOO O ALL OWNED AUTOS SOXEOULEO AUTOS BOOBY INJURY IPBf Pa/+'on) } X X HIRED AITTOS - NON-04VNE0 AUTOS GODILY INJURY IPeraxitlanq } PROPERTY DAMAGE (Per accitlenli 5 GARAGE LUU3ILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGG S ExcessfRMBRELLa0A81[flY SEO 5870133-03' O1/31/2008 01/31/2009 EaceOCCURRENGE s 4,000,000 ); OCCUR ~ CLAIMS MADE ,/ o AGGREGATE 5 [ } 4,QOO,OO OEOUCi1BLE S X RETENTION S 10 OO f WogKBRaoBMPENSIInONAND ' WC 3427497 04/01/2008 04/01/2009 7{ wLSTATU• DTH- O EIiPLOYERe LUIBIWlY ANY PRO RIPARTNERIEAECUTR7E f - EL: EACH ACCIDENT f 1, 000 OO ~ GFPI EXCLUDER? . f E,C.DISEASE•EAEMPLOYE S 2,000-.OO y0~ y aka G LL PROVfSI80alow B RF,O EL. DISEASE •POLICYLMR f 1 GOO, OO I I C i E q oRtraCtorS Pollution Liability PCC5870153-03POLLU 01/31/2008 01/31/2009 51,000,000 Each- Claim 51,000,000 Total All Claims b~ rfB.l@TION OFOPERATI ( 710N51 VEXIC Teers are in~uz~e~ far Wor $IE%$LU$IONS AOdEO BY ENDOR$EM ~ters Compensation ea've EN71 SPECIAL PROVISIONS raue ns Fund of LAContrbctors Equipment Coverage.; SSD0,000 Any One item, 51,500,000 Total Limit policy #MXI97855071 fop term from 01/31/2008 to 01/31/2009. t #5216: 7.C. Elliott Landfill Final [over System Inst, Phase 4-6&Landfill Gas Mgmt system i¢ate holder is Additional Insured on all General Liability policies and all Auto Liab policies City of Corpus Christi Engineering Seruires Contract Administrator P 0 Box 9277 Corpus Christi, TX ?8469. SHOULD ANY OF THE ABOVE DESCRIBED POLICU?S.BE CANCELLER BEFORE THE ~E%PIRATION DA7ETHEREOF, TNEI$$UING INSURERWILL ENOEAVORTO MNL 3O DAYS WRnTEN NOTICE TOTXE CERTIFICATE MOLDER NAMED TOTNE LEFT, BUT FAILURE TO MAIL SUCH NOTICE S.NALC IMPOSEAOOBWGATION OR LIABILITY ACl7RD 25 (2001108) .~ '1988 01/13/2009 TUE 14:16 FAX 225 291 2786 fi 5 I G1/OG/2000 1G:OG PA% 225 G59 4175 IIP•.P'17RY INS :1G&NCP ®002/022 ~~ 002 J Additional Insured -Automatic -Owners, Les,~ees Or Contractors ZURICH / w~' No• Hrp. ^are or Poo Eff. note of End. Aiaary No. Add4 Rem R4Nrn Yrem t/ GL 58 151-03 O1 31~ 2008 01/31/2009 _ 'C'FIIS ENDORSEMENT CIiANGES'TEO;+ POLICY. PLEASE R T;AA IT CAREFULLY. Named Insured: Address (including ZIP Code): 'T'his endorsement modifies insurance provided under the: Commercial General Liabiliy Coverage Part A, Section I[ -Who Lz An Insured is amended to include as art insured auy yezson or organization tvho you az~e re- quired to add as as additiooal insured on this policy wader a written contraU or written agreement. B. The insurance proviulcd to the additional iaswed person ox orgaalvatioa applies only to "bodily injury`, "property damage" ar "personal and ndverGsing injury" covered under SCCCION I - Coverage A -Bodily Injury And Properly Damage Liability and Secuen I • Coverwsn la • Prrsonal And At.vertising Injury Liability, but Daly with respea to Lability For 'bodily injury" "property damsgc" or "personal and advertising injury" canscd, in wholo or in part, by; 1. Your 8c6 or omissions; or 2, The aas or omissions of those aaiag ou yota behalF and resulting dueUly from: a. Yom ongoing oPeratiotu performed for the ndditional insured, wldch is the subjea of the written cou- tract o<teitfen agreement; Or h. 'Y'our wont" complUed sa included in the "produas-completed aperafions hazard", performed for the additoml insured, which is We subjea of tha wrilten contractor wrincn agreement C. However, regmdless of the provisions of paragraphs A, and B. above: 1, We wdll not extend any insurance coverage to any ndditionnl insared person or organization: a• Tha[ is eat provided to you in this policy; a D. That u any broader coverage than you are required to provide to the additional insured person w or- ganiza$oa in the written contxaa or vmitaa agrcemenr, mrd 2. We will not provide Limits of Iluurancc to any additional instaed person or organizatiou that exceed 1Jre lower of: a. The Liauts of Lcsmance provided [o yon in this policy; or h. The Limits of Iastuanec you are rcquved fo proride in toe written ccotraa or written agreement. Includes coptrlrhted n1aterlol otLuvmnceam•SCes Otf¢y lw, virh lapamlsston U4't.ll>S.If CI~I~(a/?007) r.,re t or z Mi~Nr mpr 01/13/2009 TUE 14:16 PAX 225 291 2768 H S I 91/UO/2009 10: a8 PAS 2'15 854 4175 ]IENDRY INS AGENCY D. The insurance provided [o [he additional insured person or organization does not apply to: ®003/022 I¢J OO:I "Bodily injury', "property damage" or 'personal and advertising injury" prising out of the rendexing or failure to render any professional azcldtectural, eaginecting or surveying cervicesntcluding: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, repoAs, stuveys, Aeld orders, change orders or drawings and speciBcatious; end 2. Supervisory, inspcdion, architccfmal or cngineeripg activities, E. The additional insured must see to it that 1. We are notified as soon as practicable of an "ocwtrencc" or otfeasc that may result in x claim; 2. We rtetive Wrrttca uoticc of a claim m "suit" as soon as pracicablt; and 3. A roquest for defense aad indemnity of fire claim or'suit" will promptly be brrught against any polity issued by another insurer under which the additional insured may be an insmed in nay capacity. This provision dots aot~apply to instasncc on which the additional insured is a Named Insured, if. the written con¢ad or written agreement requires that [his coverage be primary and non-roatributor)~. P. Rar the coverage provided by this endarsenreut: 1. The [allowing paragraph is added to Paragraph 4a. of the Other Insuraae: Condition of Section IV - Commercial General Liability Conditions: This insurance is primary iasaraace as respects our coverage to the additional insured pcnon or orgattiza- tion, where the written conUact or written agreemetn requires that this iu:,urance be primary and uon- rontributory. In that event, we will not seek contribution from any other insuranco policy available to the additional insured on which the additional insured person or organization is a Vamed Insured. 2. The following paragraph is added to Paragraph 4,6. of the Other Insarancc Condition of Section IV - Cotatnerrlal Gnueml Liabitily Conditions: This insurance is excess over: Any of [he other insurance, whether primary, excess, coottngent or on any other basis, available to au addi- tional ~ Ltsttred, in which the additlona! i,rsured on our polity ]s also cuvered rs an additional insured by al- tachmcnt of as endorsement to andher policy providing wverage for the scone "oaorrence°, claim or "suit". This provision does not apply to any policy is which the additional insured is a Named Insured on such other policy and where our polity is required by written rnntraU or Vrsitten agreemrat to provide coverage [e the additional ittst(red on a. primary and non-contributory basis. G. This endorsement does not nppty to an additional iosvred a~ldclt Las been added to this potiq by an endorse- ment showing the additional insmed in a Srhedrde of additional insureds, and which endorsemta[ applies spe- titically to that identified additional insured Any provisions in thic Coverage Part not changed try the terms and as written v/ / A G. tbis cndolsemeut continue to apply - - ~ Jndud¢s coprrleh[ad nacoriel o[n,mranc¢ Tnc., ulth 1K pmmtstoa U-GLIT75 b CW (3/E0o7) r,g¢ z nrz INuUniD GOPI 01/13/2009 TUE 14,:17 FAX 225 291 2788 E S I 0]./06/2008 16:06 PAR 225 654 4175 }IENDRY IA'5 AGENCY ®A04/022 I~jooa POLICYNUMBER:GLO 5870151-03 COMMERCIAL GENERAL LIABILITY CG 24 0410 83 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REiAU IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OI; RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM XOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO WAIVE RIG}iTS OF 5UBROCATION OR RECOVERY BUT ONLY IF SUCH WRITTEN CONTRACT OR AGREEMENT IS ENTERED INTO (NOT BACKDATED) AND PUT IN EFFECT. PRIOR TO LOSS BY YOU OR ANY OTHER PERSON, ENTITY OR ORGANI'LATION FOR 4IHOM Y011 ARE LEGALLY RESPONSIBLE. (If no entry appitars above, information required to complete this endorsement wBl be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Conditron (Section IY -COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: Wo waive any right of recovery we may have against the person or organizatioi shown in the 5chedula above because of payments we make for injury or damage arising out of youf ongoing operations or "your work' done under a contrsct with that person Or organization and included in the 'product'r~~ompleted operations hazard'. This waiver applies ohly to the parson or organization shown in the Schedu7a. CG 24 04 10 93 Cnpyriyht, Insurance Services Office, Inc., 1992 Page t of 1 ^ AG~Nl I;ja/ U 1/13/2009 TUE 14:16 FAX 225 291 2788 E 5 I 005/022 OS/OG/2009 10:37 PAX .225 054 4175 RGNDRY Ih`S 9GEh`CY IQJ005 Policy UIIA 9679856 ° 01/31/2008 to O1 /31/2DD9 THIS ENDORSHMBNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / BUSINESS AUTO EXTENSION i=NDORSE:MENT COVERAGE INDEX Description Page BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 RENTAL REIMBURSEMENT 3 EXTRA EXPENSE -BROADENED COVERAGE 3 PERSONAL, EFFECTS COVERAGE 3 AIRBAG COVERAGE 3 SOUND RECEIVING AND REPRODUCING EQUIPMENT -BROADENED CC~VERAGF 3 LEASE GAP q GLASS REPAIR -WAIVER OF DEDUCTIBLE 5 DRIVE OTIIER CAR FOR EXECUTIVE OFFICERS 5 AMENDED DUTIES IN THE F_VENT OF ACCIDENT, CLAIM, SUIT, OR LOSS G BODILY INJURY REDEFINED G The following modifies insurance under the: BUSINF_SS AU70 COVERAGE FORM 1. BROAD FORM INSURED SECTION 11 -LIABILITY COVERAGE - WI-IU IS AN INSURED is amended to include as an insured; 1. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsernent is effective, if there is no similar insurance available to that organization. However, the Named Insured tloes not include any organization: a, that is a partnership or joint venture, or b. that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. Q. Paragraph 1. b. above does not apply to a policy written to apply specifically in excess of this policy. 3, Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation. Includas copyrighted material of Insurance Services Otrce, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 1G-59e (19/02) Paye 1 of5 01/13/2009 TUE 19:19 FAX 225 291 2768 E S I 01/06/2009 10:97 PA% 225 659 9175 ~ X006/022 HEAORY IA's AGHNCY I~006 4. Coverage does not apply to Abodily injury= or Aproperty damage= that results from an Aacciden4- that occurred before you formed or acquired that organization. 2, EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE - WHO IS AN INSURED Is amended to include as an insured: Any employes of yours while using a covered "auto" you do not own, hire cr borrow in your business or your personal affairs. 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreod in writing in a contact, agreement or permit, to provide insurance such as is afforded under this policy. This provision 4. does not apply unless the written contract or agreement has been executed, or permit has been issued, prior to the Abodily injury= or Aproperty damage= 4. SUPPLEMENTARY PAYMENTS ^uECTION II -LIABILITY COVERAGE, 2.a. Supplementary Payments, items ('L) and (4) are replaced by the following: (2) Up to $2500 for cost of bail hoods (including bonds for related traffic violations) required because of an Aaccident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to 5300 a day because of time off from work. 5. AMENDED. FOLLOW EMPLOYEE EXCLUSION SECTION II -LIABILITY, exclusion 5. FELLOW EMPLOYEE does not apply if the Abodily injury=_ results from the use of a covered Aauto~ you own or hire. The insurance provided under this provision 6. is excess over any outer cc Ilectible insurance. 6. TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE, A.2.Towing, is replaced by the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered Aauto= classified and rated as a private passenger type, Alight trucks or a.medium trucks is disabled: a. For private passenger type vehicles or Alight trucks. we will pay up to $50 par disablement. ALight trucks= are trucks that have a gross vehicle weight (GV W) of 10,000 pounds or less. b. For Amedlum trucks. we will pay up to $150 per disablement. AMedium trucks= are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement, Includes copyrlghled material of Insurance Services Office, Inc. with ils permission. Copyright. Insurance Services Office, Inc., 1997 16-5ge (11/02) Paye 2 of 6 01/13/2009 TUH 14:19 FAX 225 291 2788 E S I O1/06/200fl 1G:07 FA\ 225 659 4175 IiCN'ORY 1NS AGENCY 7. PHYSICAL DAMAGE-ADD11'IONAL TRANSPORTATION EXPENSE CO`/ERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extenslo t, is amended to provide a limit of $50 perday and s maximum limit of $1000, 8. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following; We will pay for rental reimbursement expenses incurred by you for the rental of an Aauta because of AaccidentA or Aloss=, other than theft, to a covere-d Aautoa. We will pay oily for those expenses incurred after the first 24 hours following the AaccidenL= or Aloss= to the ctvered Aauto.a The most we will pay for any one AaccidenL- or Aloss- is $1000. No deductible applies to this coverage. 9, EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVE RAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered Aaulo= to you. 10. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is enlendad by adding the following: If you have purchased Comprehensive Coverage on this policy for aft .4.auto= you own and that A2Ut0? is stolen, we Will pay, without application of a deductible, up to $600 for Apersonal effects=_ stolen Wltlt the AautO.= The insurance provided under this provision 12. is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: Apersonal effects= means tangible property that is warn or carried by an Ainsured_. Apersonal effects does not include tools, jewelry, money or securities. 11. AIRBAG COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is an~ended by adding the following: If you have purchased Comprehensive or Collisipn Coverage under this policy, the exclusion relating to mechahieal breakdown does not apply to the accidental discharge of an air bag. 12. SOUND RECEIVING AND REPRODUCING EQUIPMENT -BROADENED COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is oniended by adding the following: Includes copyrighted nteterial of Insurance Services Office, Inc. with is permission. Copyright, Insurance Services Office, Inc., 7997 1G-59e (11/02) Page 3 of 6 007/022 121007 01/13/2009 TUE 14:20 FAX 225 291 2768 E S x Qf008/022 01/06/2009 16:97 FAS 22a 659 9175 1{ENDRP Ip'S AGENCP Ir7j 008 The exclusion as it relates to sound receiving or reproducing equipment does not apply to sound receiving or reproducing equipment that is permanently installed in a covenrd Aauto.= 13. LEASE GAP A. SECTION III -PHYSICAL DAMAGE COVERAGE - LIMIT OF INSURANCE is amended by adding the following: The most we will pay for a Atotal loss= in any one Aaccident_ is fhe gnjater of the: 1. Balance due under the farms of the loan or lease to which the damaged covered Aauto~ is subject at the time of the Aloss=less the amount of a. Overdue payments and finaltcial penalties associated with tltu:;e payments as of the date of the Alossa, b. Financial penalties imposed under a lease due to high mileagE~, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Lite litsurance, Health, f:CCident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Firm paymont due under a At3alloon Loans, f. The dollar amount of any unrepaired damage which occurred prior to the Atotal loss- of a covered Aauto=, g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of rite early termination of a lease syreement or as a result of the early termination of any warranty or extended service agreement on a covered Aautos, i. Any amount representing taxes, j. Loan or lease termination fees, or; 2. The actual cash value of rite damaged or stolen property as of the time of the glossa. An adjustment for depreciation and physical condition will be mad: ill determining actual cash value at the time of the Alosss. 23. ADDITIONAL CONDITIONS This Coverage applies only to the original loan or lease written oil a covered Aauto=. C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement, Atotal loss= means a Alossa in which the cost of repairs plus the Includes copyrighted material of Insurance Services Offce. Inc. with is pemtission. Copyright, Insurance Services Office. Inc., 1997 1G-59e (11/02) Page A of G 01/13/2009 TUE 16:21 FAX 225 291 2788 E S I ®009/022 O1/06/200fl 10:97 PAR 225 654 4175 HENllRY IBS AGENCY 4j000 salvage value exceeds the actual cash value. A Aballoon loan- is one with periodic payments that are insuNicient to repay the balance over the term of the loan, thereby requlring a large final payment. 14. GLASS REPAIR -WAIVER OF DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE is amended by adding if~e following to D. DEDUCTIBLE No deductible applies io glass damage if the glass is repaired rather than replaced. 15. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS A. This provision 17. changes only those coverages where a limit and premium is shown in the Declarations, B. CHANGES IN LIABILITY COVERAGE: Any Aauto=_ you do not own, hire or borrow is a covered Aauto=for Liability Coverage while beiltg used by any of your Aexecutive officers=, except: Any Aauto- ownetl by that Aexecutive officer- or a member of that parson=s household, or Any Aauto= used by that Aexecutive officer- while working in a business of selling, servicing, repairing or parking Aautos=. C. CHANGES IN AUTO MEDICAL PAYMENTS AND UNINSURED MOTORISTS AND UNDERINSURED MOTORISTS COVERAGE The following is added to WHO IS AN INSURCD: Any individual Ainsured=and his or her Afamily members= are Ainsunada while Aoccupyinga or while a pedestrian when being struck by any Aauto= you tlo not own except: Any Aauto= owned by that individual or by any Afamily member=_. D, CHANGES IN PHYSICAL DAMAGE COVERAGE: Any pdvate passenger type Aauto=_ you do not own, hire or borrow is s, covered Aauto= whllo in the care, custody or control of any of your Aexecutive officers=_ except: Any Aauto= owned by that individual or by any member of his or her h~)useltold, Any Aautos owned by that individual or Itis or her spouse while working In a business of selling, servicing, repairing or parking Aautos=. E. ADDITIONAL DEFINITIONS; As usetl in this endorsement AExecutive officer-_ means a person holding any of the officer position s created by your charter, Includes copyrighted malefial of Insurance Services Office, Inc. wlth is permission. Copyright, Insurance Services OHice, Inc., 1997 16-59e (11/02) Page 5 of G 01/13/2009 TUE lA: 22 FAX 225 291 2788 E S I O1/00/200A 16:97 PAX 225 654 9175 AENURI' INS AGENCY constitution, by-laws or any other similar governing document, and that person=s spouse, Whlle a resident of the same household. AFamlly member-_ moans a person related to an Aexecufive officer b~~ blood, marriage or adoption who is a resident of the individual=s household, including a ward or foster child. F. The Insurance provided underthis provision 17. will be: Equal to the broatlast of those coverages affortletl any covered Aauto :, and Excess over any other collectible insurance. 16. AMENDED DUTIES IN THE EVEN1' OF ACCIDENT, CLAIM, SUIT, OR ALOSS=_ SECTION IV - DUSINESS AUTO CONDITIONS, paragraph A.2.a. is amended by adding the following: You must give us noiice of an AaccidenL, claim, Asuits or Aloss= only wh:n it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership, 3. A member, if you are a limited liability company, or 4. An executive officer or the Aempbyee= designated by the Named Insured to give such notice, if you are a corporation, 17. BODILY INJURY REDEFINED Under SECTION V - OEI=INITIONS, definition C, is replaced by the following: pl3odily Injury=_ means physical injury, sickness nr disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. chori.ze .~gen~' ®.olo/ozz Ib 010 Includes copyrighted material of Insurance Services OfOce, Inc. with its permission. Copyright, Insurance Services OfNce, Inc.. 1997 Page 6 of 6 16.69e (11/02) 01/13/2009 TUE 14:29 F3\X 225 291 2788 E S I Policy Change Number, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 11 85 POLICY CHANGES NO. ~/ V GLO 587015].-03 EFFECTIVE 12/19/2008 Environmental Specialties Tnternational.> Inc 7943 Pecue Lane, Suite A Baton Rouge, LA 70809-0000 Cancellation Notificati.nn [uridt Amel'].Calt ins. CO. John 14endry Insurance Agency P 0 Box 7.50 Zachary, LA 70791 IT TS HEREBY AG121iED ANU UNDERSTOOD that 30 day noCice of. cnncell.Ation i.s issued on the ahove mentioned po.1.:Lcy c(r. City of Corpus Christi Engineering Services Attn: Contract Administrator P 0 Box 9277 Corpus Christi, TX 78469 'There is no premium charge for this change. All. other Germs And conditions Leillai^ the Same. GU 289 (11-80) IL 7207 t1 85 Copyright, Insurance Services Olfice, In^... L!83 Copyright, ISO Conunercia! Risk Services. inr... 1503 X019/022 Page of @yozl/ozz 01/13/2009 TUE 14:30 FA% 225 291 2788 E S I Policy Change Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 Ot 11 B5 POLICY CHANGES SSA 9679856 EFFECTIVE Peerlr..ss )oral r.ncc Company 12/1.9/2006 Bnvironmenlal Special.tics Internet i.nna'L, lac 7943 Pecue Lane, Suite A Baton Rouge, LA 70809-0000 Cancellation Notification 1UTHORIZED REPRESENTATIVE .lobo Henctcy Insurmtce Agency r o Box zso 'L.achary, Lh 70791. TT IS HEREBY ACREBD AND UNAIiI:S'LOOD ghat 30 d;aY noCi.ce of c;mcc7l.ati.on is issued on (:he aUove mentim~ed policy co: J City ofi Corpus Christi. 13ngi.neel:ing Services Attn: Contract Adnrf.nistrator P 0 Box 9277 Corpus Christ.i., '1'X 78469 There is no premium charge for. this change. All. other teens and cmxCCtl.ons remain -the. same. GU 260 (11-05) Cupy~i9ii1, Insurance Serviars grLte, Inr... 1903 Pa a of Il 12 01 11 85 CoPY~i9n1, ISO fommeranl klsk !iervice s'. in;:., 19t1s 0 01/13/2009 TUE 1A: 31 FA% 225 291 2788 E S I Policy Change Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 11 85 POLICY CHANGES POLICY N0. I POLICY CH EFFECTIVE k'C 3427497 1.2/19/2008 VAMED INSURED Iinvi.ronmenCal Specia).C.i.es inter'naCiona )., inc 7943 Pecue l.anc> Su i.t.e A [3atnn Nuuge, i.1 70H09-0000 Celnce].laC i.on Not if'icatinn T.hr~? Tns. Co of thc~ SCaCe of Pennsy].vanir) .)ohu? ilend ry :l nsu r,lnre :11~;encY 1' Q Rnx 2'i0 ''/.:rcha ry, Lr1 7(1791 .. -CHANGES ---.__ ---.-.. .J :1:T S.S HliRl:61' AGRIiIiD :1ND 1'•NDFa:STOOll that 30 Clay notir. c. of r.:uv:ellation is i.s>,ued on the abova~ auanCi.nned I;o 1. i. c.y c<,: City of Corpus Civri.sti Engineering Sc~rv:lces At[n: ConCr~e~ Admini.straCor i' () I',nx 9'7.77 Corpus Christi, 'iX 78469 'There i.5 no premium charge. :or (:h:ie cFuangc. A:I. ]. ocher terms and crawl i.t ion, remain [he same. ®022/022 GU 289 (1 Lft0) CUDynghl, b?SIiY.InCp $ermteS :allire. !!n:., 1983 IL 12 01 11 05 Copy~igill. ISfi Conunernol lii5k SCrv¢r.5. bv,., 1993 Page of