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C2009-034 - 1/13/2009 - Approved
` G' • l 2009-034 M2009-003 01/13/09 Longhorn Excavators SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR f' ~~~. (' _t, i~ 1, ~~ i, ~. ~1. CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER & LEACHATE COLLECTION SYSTEM & POND No. 1 CONSTRUCTION .Prepared by: Chiang, Patel & Yerby, Inc. 1820 Regal Row, Suit 200 Dallas, Texas - 75235 Phone - 214-638-0500 Fax - 214-638-3723 ROBERT FIFAREK Final Design Submittal FOR" "~ DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS JDI ~~' ~$ Phone: 361/880-3500 Fax: 361/880-3501 ,~ L PROJECT NO: 5240 r DRAWING NO: LF - 120 SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR CEFE F. VALENZUELA LANDFILL SECTOR 46 LINER & LEACHATE COLLECTION SYSTEM & POND No. 1 CONSTRUCTION Prepared by: Chiang, Patel & Yerby, Inc. 1820 Regal Row, Suit 200 Dallas, Texas - 75235 Phone - 214-638-0500 Fax - 214-638-3723 ~;' ~ '•, ,::: ~ ..................:.. gpBERT FIFAREK Final Design Submittal FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 5240 DRAWING NO: SLF - 120 ..~ tnl ~i~a$ CITY OF CORPUS CHRISTI CEFE F. VALENZUELA LANDFILL SECTOR 46 LINER & LEACHATE COLLECTION SYSTEM & POND No. 1 CONSTRUCTION PROJECT N0.5240 TABLE OF CONTENTS C~000MENT Cover Page PAGES Table of Contents ........................................................................................................ 1-5 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 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages/Incentive Allowance A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~ ~~ (NOT USED) TABLE OF CONTENTS (CONTINUED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification n ~i o...:e..« c:....~ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) (NOT USED) A-24 Surety Bonds n o~ e.,:~~ -r~-., c.,,,.....+;,,., (NO LONGER APPLICABLE) A-26 Supplemental Insurance Requirements n a~ o~~......~:N:rti, c.,. n~..,.,..e r:~:..,~ (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents e ~a r:h. ~ni.,~e. C.,..;I;F..~. c..e.:.,: oe,.~.:.e.,,es~ (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A-40 Amendment to Section B-8-8: Partial Estimates (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) (NOT USED) iFAA) (NOT USED) A-50 Overhead Electrical Wires (7/5/C Amend "Maintenance Guaranty" Errors and Omissions .^,-T1 T,.,,..., ne...,.{..,....« ..a i ;,. ..a o,,,.~,:~~o.... irni o~ (NOT USED) A-52 Geotechnicallnvestigations A-53 Daily Construction Reports (NOT USED) ^ ter,-~~°~,;,i~(NOT USED) A 56 Amended "Prosecution and Progress" A 57 Dewatering TOC-2 TABLE OF CONTENTS (CONTINiJED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS -NOT USED PART T - TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL PROVISIONS 01010 -Summary of Work ............................................. .................................. 1-3 01051 -Grades, Lines, and Levels ................................. .................................. 1-2 01092 -Abbreviations ..............................:..................... .................................. 1-5 01150 -Measurement and Payment .............................. .................................. 1-2 01153 -Change Orders .................................................. .................................. 1-3 01165 - Stormwater Management and Control .............. .................................. 1-5 01200 -Project Meetings ............................................... .................................. 1-1 i 300 -Submittals ......................................................... .................................. 1-5 01310 -Construction Schedules ................................... ................................... 1-3 01370 -Schedule of Values ........................................... .................................. 1-2 01400 -Quality Control ................................................. ................................... 1-2 01410 -Testing Laboratory Services ............................. ................................... 1-3 01500-Temporary Facilities &Controls ....................... ................................... 1-4 01510 -Protection of the Environment .......................... ................................... 1-2 01600 -Material and Equipment ................................... ................................... 1-5 01700 -Contract Closeout ............................................ ................................... 1-3 01720 -Project Record Documents .............................. ................................... 1-2 01750 -Warranties and Bonds ...................................... ................................... 1-2 DIVISION 2 -SITE WORK 02100 -Site Preparation .................................................................... .............. 1-2 02140 - Dewatering and Seepage Control ......................................... .............. 1-3 02200 -Earthwork .............................................................................. .............. 1-5 022022 -Trench Safety for Excavations ............................................ .............. 1-1 02225-Trenching, Backfilling, Embedment and Encasement ........... .............. 1-5 02227 -Waste Material Disposal ........................................................ .............. 1-2 02231 -Drainage Aggregate .............................................................. .............. 1-2 02250 -Compacted Clay Liner ........................................................... .............. 1-3 02256 -Protective Soil Cover ............................................................. .............. 1-2 02535 -Repair of Pavement .............................................................. .............. 1-4 02745 - Leachate Collection System .................................................. .............. 1-4 02778 - HDPE Geomembrane ........................................................... ............ 1-13 02800 - Geotextile Material ................................................................ .............. 1-5 02801 -Drainage Geocomposite Material .......................................... .............. 1-5 25802 -Temporary Traffic Controls during Construction .................... .............. 1-5 TOC-3 TABLE OF CONTENTS (CONTINUED) DIVISION 3 -CONCRETE 03100 -Concrete Formwork ............................................................................. 1-6 03200 -Concrete Reinforcement ..................................................................... 1-5 03300 -Cast-in-Place Concrete ..................................................................... 1-14 DIVISION 4 -MASONRY -NOT USED DIVISION 5 -METALS -NOT USED DIVISION 6 -WOOD AND PLASTICS -NOT USED DIVISION 7 -THERMAL AND MOISTURE PROTECTION -NOT USED DIVISION 8 -DOORS AND WINDOWS -NOT USED DIVISION 9 -FINISHES -NOT USED DIVISION 10 -SPECIALTIES -NOT USED DIVISION 11 -EQUIPMENT- NOT USED DIVISION 12 -FURNISHINGS -NOT USED DIVISION 13 -SPECIAL CONSTRUCTION -NOT USED [?IVISION 14 -CONVEYING SYSTEMS -NOT USED DIVISION 15 -MECHANICAL 15065 -Polyethylene Pipe and Fittings ............................................................ 1-3 DIVISION 16 -ELECTRICAL -NOT USED DIVISION 17 -INSTRUMENTATION -NOT USED APPENDIX 1 -SOIL AND LINER QUALITY CONTROL PLAN (SLQCP) APPENDIX 2 -STORM WATER POLLUTION PREVENTION PLAN (SWPPP) LIST OF DRAWINGS GENERAL G-1 COVER G-2 GENERAL NOTES CIVIL C-1 GENERAL SITE PLAN C-2 SECTOR 4B - SUBGRADE EXCAVATION PLAN C-3 SECTOR 4B -TOP OF CLAY LINER C-4 SECTOR 46 -TOP OF PROTECTIVE SOIL COVER C-5 SECTOR 3D -CLAY BERM REMOVAL C-6 SECTOR 46 EXCAVATION PROFILES C-7 LINER DETAILS I C-8 LEACHATE PIPE CLEANOUT RISER C-9 PIPE AND VAULT DETAILS C-10 ROADSIDE CHANNEL DETAILS TOC-4 TABLE OF CONTENTS (CONTINUED) C-11 STORM WATER POLLUTION PREVENTION PLAN DETAILS C-12 POND No.1 DESIGN C-13 POND No.1 SPILLWAY C-14 POND No.1 CROSS SECTION (1) C-15 POND No.1 CROSS SECTION (2) NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC-5 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CSFS F. VALENZUELA LANDFILL SECTOR 48 LINER & LEACHATE COLLECTION SYSTEM & POND NO.1 CONSTRIICTION, PROJECT N0. 5240 consists of the construction of landfill Sector 4B including preparation of sub- grade, compacted clay liner, leachate collection and conveyance system, groundwater collection underdrain; Installation of geo- synthetic liner and drain layer components; installation of leachate collection system, dewatering controls, construction of required drainage control structures and construction of Pond No. 1 in accordance with plans, specifications and contract documents; Bids will be received at the office of the City Secretary until 2:00 pp m~~~.__ on Wednesda December 3, 2008, and then publicly opened rte. Any i receive a ter c osang time will be returned unopened. A pre-bid meeting is scheduled for 3:00 p.m., Wednesday November 19, 2008 and will be conducted by the Ci~°P~location o e mee ing wi7Tbe the Department of 8ngineering Services Main Conference Room, '!iiird Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidders 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 Fift and no/100 Dollars ($50.00) as a guarantee of their return in goo con i ion within two weeds 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 Director of Engineering Services /s/ Armando Chaps City Secretary Revised '//5/00 NOTICE TO CONTRACTORS -A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance Indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 3U-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE/AGGREGATE Commercial General Liability, including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard S. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Cont2dors 9. Personal In u AUTOMOBILE LIABILITY -OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY 100 000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE REQUIRED Not limited to sudden & accidental discharge; to - include long-term environmental impact for the X NOT REQUIRED dis osal of contaminants - See Section a-6-11 & Supplemental Insurance BUILDERS' RISK Requirements REQUIRED X NOT REQUIRED $100,000 COMBINED SINGLE LIMIT INSTALLATION FLOATER See Section 8-6-11 & Supplemental Insurance Requirements REQUIRED X NOT REQUIRED Page 1 of 2 The Clty of Corpus Christi must be named as an additional insured on all coverages except workers compensation liability coverage. o The name of the projed must be listed under "description of operations" on each certlficate of insurance. o for each insurance average, 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 mve2ge. The Contractor shall provide to the City the other endorsements to Insurance policies or coverages which are specified in section 8-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" form must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self-insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required to ,:cer with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 9(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: 1. certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 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 Governmenfal L7ntities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context cleazly 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 Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §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 Commissiomwhich 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) Duraflon of the project--Includes the time from the beginning of work on the project until the work on the project has been completed arid accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carvers, owner-operators, employees of any such entity, or employees of any entity furnishing 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 aze 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 pazagraph (7) of this subsection; (2) as part of the contract, using the language required by pazagraph (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 cunent 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 Crraphic Page 3 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one yeaz 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 persori 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 yeaz 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 (II) contractually require each person with whom it contracts, to perform as required by this subparagraph and subpazagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule aze declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a govemmental 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 apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who aze 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 7anuary 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 Texl2eg 8609 Page 7 of 11 CBFH F. VALBNZDHLA LANDFILL SECTOR 4H LINBR & LBACHATB COLLECTION SYSTHM E POND N0. 1 CONSTRIICTION, PROJECT N0. 5240 SECTION A - 9P8CIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-bid Neeting 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 Ball, 1201 Leopard Street, until 2:00 o.m., Wedaesday, December 3, 2008. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 LeopardStreet Corpus Christi, Texas 78401 ATTN:BID PROPOSAL-caFB P. VALBNZOELA LANDFILL S8CTOR 48 LINER & LBACHATR COLLECTION SYSTEM & POND NO. 1 CONSTRIICTION, PROJECT NO. 5240 No additional or separate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project CEPS F. VALBNZDSLA LANDFILL S8CTOR 48 LINER & LBACHATB COLLECTION SYSTEM & POND NO.1 CONSTRIICTION consists of the construction of landfill Sector 4B including preparation of sub-grade, compacted clay liner, leachate collection and conveyance system, groundwater collection underdrain; Installation of geosynthetic liner and drain layer components; installation of leachate collection system, dewatering controls, construction of required drainage control structures and construction of Pond No.l in accordance with plans, specifications and contract documents; A-4 Method o£ Award The bids will be evaluated based on the Total Hase Hid, subject to the availability of funds. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 9/18/00) Page 1 of 22 A pre-bid meeting will be held on Wednesday, November 19, 2008, beginning at 3:00 PM. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Ball, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 5$ Bid Boad (Must reference CEFB F. VALENZIIELA LANDFILL SECTOR 4B LINER & LSACBATS COLLECTION SYSTEM E POND NO.1 CONSTRIICTION PROJRCT NO. 5240, ae identified in the Proposal) (A Cashier's Check, certified check, mosey order or beak draft from any State or National Bask will also be acceptable.) Disclosure of Iatereate 9tatemeat 3. Statement of Qualification and Contractor Information (as required is the Proposal Form and is A-28, A-29 and A-30 O£ these special provisions. A-6 Time of Completion/Liquidated Damages Time of completion: The working time for completion of the Project will be 100 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $1,500 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 {QOrkera Compeaaatioa Iaeuraace 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 insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Revised 9/18/00) Page 2 of 2a A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals unst contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledameat 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 Rate9 (Revised 7/5/00) Labor preference and wage rates for Reavy Construction. ^` -^-"' ^`, Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly :page 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 employed 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 mechanic 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 employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1 1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours-in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (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 (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig alert at at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 826-3500 Chiang, Patel & Yerby, Inc. Robert Fifarek, P.E. 214-638-0500 Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Services Department 826-1818 (Fax 214-638-3723) (826-3140 after hours) (826-3140 after hours) Section A - SP (Revised 9/18/00) Page 3 of 22 Gas Department 885-6900 Storm Water 826-1881 Parks & Recreation 826-3461 Solid Waste Services 826-1970 ARP 299-4833 SBC / AT&T 881-2511 City Street Div. for Traffic Signal/Fiber Optic Locate 857-1946 Cablevision 857-5000 ACSI (Fiber Optic) 887-9200 KMC (Fiber Optic) 813-1124 ChoiceCOm (Fiber optic) 881-5767 CAPROCK (Fiber Optic) 512/935-0958 Brooks Fiber Optic (MAN) 972-753-4355 Onyx Pipeline Co. 361-884-7878 Duke Energy Field Services 361-325-9336 Enterprise Products 361-693-1019 KOCH Pipeline Co.LP 361-241-5624 Copano Field Services 361-668-8580 Crosstex Energy Services 361-299-4000 A-12 Maiateaaace of Services (885-6900 after hours) (826-3140 after hours) (361/693-9444 after hours) (1-800-824-4424, after hours) 857-1960 (857-5060 after hours) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) (Mobile) 281-550-7533 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 sad completeaess o£ such information is not guaraateed. 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 Contractor shall 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 all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Acceae sad Traffic Coatrol Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but Section A - SP (Revised 9/18/00) Page 4 of 22 is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are ::vri.7.able through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Hquipmeat Spillage sad Trackiag The Contractor shall keep the adjoining streets 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 Hxcavatioa aad Removals `ilie exuavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. 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 cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. --"d ^°°'-- (NOT IISHD) U-_ r ..~- _ _ s,~c.....___,._a .s. ,.,e__a _u., .. .-,._~ ,,....... _ __ _ ~ mss.... ,.a t... ,.i - _y -~p-_~~.~ Est}~-Hngineer ea h#s ~egaeeenEat4ve Th^ °,..,a _F~,-- - ~,.., ~...-_. _L_ ~eleg~hene-Ew#~h an ans~+e~inQ mZeh#ne) F36E mseh~ne ,-_.._ __ ti _ ,.'°'~-rte ^ist-~-°°-°b~t rr- •,Ser eeg}e- dr=rale'~Q--water -n~ te' eE f'~"' , - -afd~e~ k~ the 6et~sete~ThP~e•--is ne seFara~e-geTttex~ €ar-E` _~~ A-18 Schedule aad Sequeace of Coastruction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This planmust 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. Section A - SP (Revised 9/18/00) Page 5 of 22 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. SubmittalDates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction 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 the City Surveyor. The Contractor will 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 50 foot grid established for survey verification of Sector 4B. The following components shall be verified; a. Sector 4B - Compacted Clay Liner. b. Sector 4B - Drainage Layer. c. Sector 4B - Protective Cover Layer. d. Pond No.l - Finished Excavation. 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 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 48 hours notice so that -- alternate control points can be established by the City 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 proposedline 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. 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. Section A - SP (Revised 9/18/00) Page 6 of 22 The Contractor must provide all applicable certifications to the City Engineer. a_nl _____ ~+ (NOT IISBD) v J.. rYu _ __ ____ Spc•.~€rea~E~° ^et#en P2~B}B P~ej-set S#gns the ~igne mast L,. _,,..., L_`_ e _ „L__:._.. ...] .J ll l.c s.hn e.i 41..-......L.-...F a-L.. _.i L.. rL_ 7 ~.. _ mL _ l _ _C 4hc m' : l l h.. .i_1r....n: s..-..i 4L.. C :..l .] L r~ti A-22 Minority/Minority Business Enterprise Participation Policy (Revised io/5a) 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 minorityand female participation by trade and for Minority Business Enterprise. 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. 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 Indiana, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) Fora 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). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 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, Section a - SP (Revised 9/18/00) Page 7 of 22 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. 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. 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. Goals 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: Miaority Participation Miaority Busiaesa 8nterprise (Percent) Participation (Percent) 4 5 `k 15 ~ 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. 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. Section A - aP (Revised 9/16/00) Page 8 of 22 -- (NOT IISBD) A-24 Surety Boade Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10~) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds +~en percent (lOg) 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 (10$') of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual 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 3alea Tax 8xemption (NO LONOBR APPLICABLB) 'en B 6 P~, Ta3E Exemp E`en P~ev'sien agile}va _ _ __ _ry ..a aL_ G_l l _ .. L..a _a l J.. aL.. ..F G _l ^ ~ r N ...a va h.i the R4 M_. a-_G nL...l ..a a.. •' '^l'G $ € ' E3 € S f _..a _ __ ...1 ,. aL.. ~9e ~ 3F q at e3Eem~ eF39 a a e a, ..a..... ,.a , e aeFe.,va_ L.. ~ - - .... l _.. ....1 _ r J ...... 1... .....1 .._ a ..a L.. • 41.e /~.......}~..~1 l er_ c~F n..Ll ~ ..G Section A - SP (Revised 9/10/00) Page 9 of 22 ....4 .~. _.. _ll G ....a ..L ........... 1..... ,.a h.• a1.c f~i }a.~~ n..J l-1 7• ..r2 _.. n.... _...r.......a n r.-l .- ........ .. -. ] J ____ ___~ _ __.._._ _ ___ ____ __.. _ _ 4 .: .i.. aL.. aM L ..F ... _l eti~~ _ _ __~.[.yt .. aL.. = - _..l _ l .... ..C ... - l _ - ~--^ - -'^^a - egeaate ande~ a segaaated eeataaet-.-.~-~.-••st-pay €ar~l~~sr-Sri~ise, --' -l: _..1 ,, al.: .. n.-,~ • n.L a.. a .. .._ _IJ..J Mt_ C_.. .._1.... F.... .....~.....ai ^.... iC 41.e e~..ln__^a~__a..... ..l _.. v....-._v .... .. > -. ~ ..~ 1 _ aL aL_ _L_..,. _,g ..-emenEe '~'~3e Een~~aeEe~ mue~ '--~•----- --_--,- 1 C:_ L1_ ..,: A-26 Supplemental 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: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Hox 9277 Corpus Christi, Texas 78469-9277 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. Section A - SP (Revised 9/18/00) Page 10 of 22 (NOT VSSD) A-28 Considerations for Contract Award sad Hxecution 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. 5~hether 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 (90J 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 Pield Administration Sta££ The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: -- 1. The superintendent must have at least five (5) years recent experience in 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, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, oa the job site, at all times that work is - being performed. 2. Foreman, if utilized, must have at least five (5) years recent experience in Similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these 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. Section A - SP (Revised 9/18/00) Page 11 0£ 22 Such written approval of field administration ataf£ is a prerequisite to the City Sagiaeer'e obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration 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 oP Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: r vod9, ie~ _ ~_...__4 s.: aaf.«., is.......a ,.i.,. naa __~..~ ~~ Bidders 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 coat for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of NBE 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; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. - Section A - SP (Revised 9/18/00) Page 12 of 22 ~ , -- 9. Documentation as required by Special Provision A-35-K, if applicable. 10. With the proposal, ~~___ ,~. .,____ ~_„_....__..._- _______ bidder must submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, sad name(s) sad Title(s) o£ individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy oa Extra Work sad 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 that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City 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 o£ 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-Hid 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. ~~~ ,ua__. ,.___ .., a __ - (NOT IISHD) ...~_ rv:r ..tier fem..:]' Pea-aaaHne} ~ _ c _ _ _ : , , i.-. Section A - aP (Revised 9/18/00) Page 13 of 22 ------ -r ------_----, --1 --- --~------- ~-_------ --_ ..L.. .].. .. L.....-. ...L .....~ ...i ...1... .i°..: .-° 4 ..f....... .....L 41A .. ?iii-~sae~--gene~a~e~ ~} 6he Een~~ae~e~ e~ hie emgie}Fees, aQe~x~s~~ a3z~Blewf~Q~~ask~~ii-:-.at-b°~-a-==s..••-~. 'Fke Cex~rae~e~ eha~l-]Eeeg~~~ Section A - SP (revised 9/18/00) Page 14 of 22 ... L...l .... xi.....1 ..... • ......1.J .... L ......... ......4.......4..... .......1 .......... .......4 ....4 l ........ 41.. ,.a ..a ..l L.. lL^L _lLG3.. a^ .. L. ~.J.... IM _.na_?....~_.~..: .. _ _ _l4 ••9 ~Li. _IJGJ i...~ 4h.r.• ~^L._l~Y mLJ .. ...L _ l .. e a .. L.. _l 4.niaia mv~ ~.~ef~ee~, __ i.l_ _l su _ _..~_ _ _ _ JJ...L ..a L.. 4LJ .. :Fi ~~ -=i.`_____ __ ^l _~°__4LJ r.`Ov~~je L...... .. F LL_ ..l l.. 5 J FJ .. .a ..F~ a r F..11. ~.FFca ..a v ..a ~.L.. ic'a.° u"r i, ' en~ 4 wkt' _h ~s the- ~ed~ue~ -G - ---- -- -- M4 hly i ' sae g Pm ~ eE~ she mass#mxm-g~aeE'ea~ e3etent •.*'^^°_ ..LJ ..F ...~ Ll ..L_l'1 _a..`_.. ..ll FCll~.a _n..4 __ ~ l y A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Section A - SP (Revised 9/18/00) Page 15 of 22 lie ...a 4L.. ..4 v.-_hnc~er3.ni.~Pna l L.. _F.-..^~hl. l J _a 4L.. l _a~ .. a.. ~.RCC2~VS36TRSCC.Ya'CG>-ciai[vv a j . 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. 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. k. Excessive Shop Drawing Resubmission: Engineer will record time required by Engineer to Engineer's Consultants for excessive Submittal review __ occasioned by Contractor's resubmission, in excess of two resubmisaiona of a required Submittal, caused by unverified, unchecked or unreviewed, incomplete, in accurate or erroneous, or nonconforming Submittals. Each excessive review time shall be charged at $95.00/manhour for an engineer and $26.00/manhour for clerical time. Upon receipt of Engineer's accounting of time and costs, Contractor will reimburse Owner for the charges of Engineer or Engineer's Consultants review for excessive resubmission through set-offs from the recommended Owner payments to -- Contractor. At the discretion of the City Engineer, set-offs can be monthly or upon final payment to Contractor. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test Section A - SP (Revised 9/18/00) Page 16 of 22 -- data within the specified time to the City Engineer for approval. Otherwise, the related eouipment will not be approved for use on the project. A-37 Amended "Arrangement sad Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Wrought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Compensation Coverage for Building or Construction Projects for Government 8atitiea The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. - --•-a$ey ~^' (NOT IISBD) _G F...- J___ r A-40 Amendment to Section B-8-6: Partial 8stimatee 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. w+ ____ wa..a ___. (NOT IISSD) ~ i~a~}--ka-s--be>x--~esrxeA eaeeegt €er ~e@ai~e ""^ .:,,-~~~~c~ -- 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 Iademni£icatioa & 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. Section A - SP (Revised 9/18/00) Page 17 of 22 The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, -- attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 Aa-Built Dimensions sad Drawings (~/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. .-.=-we _____ _s ..a _ti,.. ni.l _..: _..:...a a _.. ,~/~/,.~~ (NOT OSBD) Section A - SP (Revised 9/18/00) Page 18 of 22 __ -, ___._~. a __ _.., ___ .', ` ~"_ ) (NOT OSED) ...1_ ..FF ~._F /-... ..1 F..r~_ A-48 Overhead electrical Nirea (7/s/oo) 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 and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Ameaded "Maintenance Guaraaty" (8/za/oo) 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 Brrora and Omiaeioae - - The Contractor shall carefully check these Specifications and contract Drawings, and report any errors or omissions discovered, whereupon full instructions will be furnished promptly. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in the cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the -- drawings or specifications which are not discovered or reported to the Contractor prior to the construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. Purther, it is the intent of the Contract Documents that the Contractor shall perform all work to complete project ready for its intended use. A 5~ _ _ __ _c -...~.... ....a _a..-.~s~T(NOT II38D) ~y -~ C-e~aeEe~ shall eemL ~g w'~h 'i'B~SFt - :'^;,- ---- /m ~1 _F .,.,. ].994. , Section A - SP (Revised 9/18/00) Page 19 of 22 A-52 Geotechnical Investigation A geotechnical investigation of the site was performed during the permit phase of this project and is contained in Volume 2 of 5 of the permit application (TNRCC Permit Application No. 2269). A geotechnical investigation of the site was also performed during the design phase by Trinity Engineering Testing Corporation for the City of Corpus Christi. The report, Geotechnical Investigation Operations Center County, Texas (Report No C-1267) is dated November 20, 2000. Geotechnical information is available to the Contractor and can be obtained by requesting it from the City. A-53 Daily Coastructioa Reports The Contractor shall fill out Daily Construction Report forms as documentation and submit the forms to the Engineer by 9:00 am on the first work day after the day the work was performed. Sample Daily Construction Report forms may be obtained from the Engineer. (NOT DS8D) n--..~`-:^ar-'~s- (NOT IISBD) A-56 Ameaded "Prosecution aad Progress" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 7 Prosecution and Progress, add the following: "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 the later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract". A-57 Dawatering The Proposal includes bid items for dewatering as needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berms) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that the Section A - SP (Revised 9/18/00) Page 20 of 22 __ Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Petronila Creek. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed ae each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the coats for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Hngineer on a case by case basis. Prior to pumping groundwater from the trench or excavation to the sanitary sewer system the Contractor shall contact the Wastewater Pretreatment Coordinator at 526- 1600 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Baseline Parameter for the dewatering discharge are as follows: Parameter Total Petroleum Hydrocarbons Total Lead Benzene Total BTEX Total Dissolved Solids Total Dissolved Solids Polyneuclear Aromatic Hydrocarbons Maximum Limitation (mg/L) 15 0.1 0.005 0.1 < Receiving Water <Receiving Water 0.01 Section A - SP (Reviaefl 9/18/00) Page 21 of 22 SQBMITTAL TRANSMITTAL FORM PROJECT: Cefe F. Valenzuela Laridf ill Sector 4B Construction & POND No.l Construction (Project No: 5240) OWNER: City of Corpus Christi ENGINEER: CONTRACTOR: SOEMITTAL DATE: 9DHMITTAL NOC®8R: APPLICABLE 9PHCIFICATION OR DRAWING 3IIBMITTAL Section A - SP (Revised 9/18/00) Page as of a2 -- PART C CURRENT WAGE RATES AND REQUIREMENTS Page 1 of 2 General Decision Number: TX080037 07/25/2008 TX37 ,superseded General Decision Number: TX20070039 ::; t:ata: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/08/2008 1 07/25/2008 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) .........................$ 9.05 Concrete Finiaher ................$ 7.56 ELECTRICIAN ......................$ 13.37 2.58 Laborers: Common ......................$ 6.55 Utility .....................$ 7.68 Power equipment operators: Backhoe .....................$ 9.21 Motor Grader ................$ 6.72 ________________________________________________________________ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS _.j ass there been an initial decision in the matter? This can *` „~!www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/3/2008 Page 2 of 2 be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdoUscafiles/davisbacon/TX37.dvb 11/3/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ THIS AGREEL4ENT is entered into this 13TH day of JANUARY, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Longhorn Excavators, Iac. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,923,805.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER & LEACHATE COLLECTION SYSTEM! & POND NO.1 CONSTRUCTION PROJECT NO. 5240 (TOTAL BASE BID: $1,923,805.50) 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 14/05/2009 15:39 9263902 ENGIh~ERING PAGE 04/17 Cafe 8. Vaiea~¢a~1a Landfill aaator 48 Liner & 7.esahata Coiieetian Syatam a 80Im No.l pnea~cr me_ sae x xx xxx Iv v 8ID 2T3~ Q1'Y & IINIT D88CRIPTIOZP SNIT PRICB ' 8ID TTEM E8TmQ9ZON IN 8 IQ~ORES (QTyC aG VNIT PRICER) Mok~ilizatfon and 1 1 Tas DettAbflization• $54,300.00 ~ 54 300 00 Cott plete in klace er . , . La. Complete 8xanvation oP 2 87.000 Cy Aec~tor i8. Complete and $2.70 ~ 234,900.00 is place er , Suk•gx'ade preparation of 3 74,000 Sy Sector 48. Complete and $0.27 19,980.00 in place per sv. .- Compacted Clay Liner Tnetallation + 500 CY 4 50, 000 Cy fi,il as per draainga. $3.33 ~ 166,500.00 Complete and in place ~_~ Laa.chate Co116Gt on System xnatallation, 5 4, 000 Lf piFing, drainage media. $gg,Op ~ 156,000.00 Cott.pl®te and in place Lf. arcundwater usxderdrain, ; 6" slotted I~IDPE pipe, $27,00 6 2, 500 Lf drainage media. _ S 67,500.00 Complete and in place ex Lf. 60 Mil Solootli FZDPE 7 550 Sy G4 Geomembrane liner $5.49 $ 354,379.50 , 7Ctastallation Com let® . p and in place ep r Sy• 60 Mil Textured FIDFE 8 B,S50 Sy deomembrane lfner znstallation. Complete 82 $8 $75 411.00 and in place er $ . , Caeocomposite drain Layer xnatallation. 9 74, 000 Sy Complete and in place $4.95 $366,300.00 $~ Aavieao PAOPOHAI. IORM Addeadum LTO. 9 PAaB ~ os is 1-CCaOhWaIIt 1 ' lc/05/2008 15:30 8263802 ENGINEERING PAGE 05/17 Non-woven C]eotextile $0 39 10 fa]~ri.c Installation. q,290.00 S 11,000 8y Co~aplete and in place ~== sv. Hauling, spreading anfl 11 S0, 000 Cy pl+icement 2' protective $2.7p 000.00 $ 135 so::l cover. Complete , azld in plane per C,}+. Opi:ional Perimeter 12 200 9y Acces$ Rpad pavement $gg,pp $ 19 00 800 replacement. Complete , . anti in plane per sy•, 13 ~ 78, 500 Cy COi~STRUGTION OF POND: $2 70 $ 211,950.00 Net 8xcavation er ,C~+, COMSTRVCxzON OF POND: 14 1 I,8 Grouted Rip~Rap ANp INEaTALLATION OF $15,000.00 $15,000.00 2~k° RCP ap r. Le. Stoxmwater Qollution i5 1 Ls Prevention Plan, complete and in la e $8,900.00 $ 6,900.00 p c ges' Le. 16 g0 Lf Trench Balety, complete anC: in place e r LE $3.00 $ 270.00 p Well pointing or approved alternat® 17 1 La detrfltering method not $27,000.00 $ 27,000.00 deemed subsidiary ~ex• La. , Extend RSSR channel to Pond No.l and plug 18 1 ] 10 Lf prior channel emptying , , into the storm Channel $7.50 $ 8,325.00 as per the drawings ~• Lf . TOTAL, 8.~-~3~', SID3 ~ 1,923,805.50 {Hid xkam~: 1 thru 18) savx8sn exoposAn ronx Addondvm iPO. 4 PA08 { On 1a Att60hL~riC 1 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 100 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. ATTE i City Secretary APPROVED AS TO LE FO By: Y~VIJ Asst. City Attorney .~~~ ~1 I. '~: ~Jld~~e``li\. CITY /OF~C~OR~~P//U]]S CHRISTI By: ~/ ~//~l~ Oscar Martinez Assistant City Manager By: -iZir/~ ~~:~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Lon ho Excavat s nc. By: ` Title: 8653 P'M 2759 (Address) RIC>~OND, T% 77469 (City) (State)(ZIP) 281/937-9700 * 281/937-1207 (Phone) (Fax) Agreement Page 2 of 2 © ' ~~~ AUTHOHI[fa- aT COUNCIL.. ~ 3 ~ 9 SECQfTARY ~~• 1'e/05/2008 15:38 8263802 ENGINEERING PAGE 02/17 P R O P O S A L F O R FO12M CEF$ F. VAL~~NZVELA LANDFILL SECTOR 4B LINER & LEACNATLR COLLLCTION SYSTEDd & PONb N0.1 CONSTRUCTION Pro9ect No, 5x40 DBFARTMBNT OF SHtlINB8R7N0 3BRVICSS CITY OF CORPUS CHa;BTx, TaXAB R6P198D PROP09AJI POAl1 71Qdpt1f,4Wp LQO~ 3 PxoB 3 OB 18 nbtachmanti 1 12/05/2008 15:38 8263802 ENGINEERING PAGE 03/17 PROPOSAL place: Fort Bend County Datm: December 10, 2008 kropoaal of Long orn Excavators, Inc. , a Corporation organi;3ed and existing under the laws of tries State of TEXAS OlR a Partnership or Ind:.vidual doing business as xOS The CitiX o£ Corjyua Christi, Texas Oentlamen: The undersigned h®reby proposes to furnish all labor anfl materials, tools, enc. necessary equipment, and to perform the work required for: Cege IP. valeazuela :aandEili 9eator 4B Lia19r & Leaohata Colleofrioia Oystem & POND N0.1 CoN8T1tIIC projaat No. 5240 at the locations set. out by the plane and specifications and in strict accordance with the contract documents for the following prices, to-wit: navzel.0 lAOeosAL FOFtt .addendum No. 9 raas a oe ie AttacLment Z 12/05/2008 15:38 8263802 ENGIt~ERING PAGE 04/17 Cefe H. Valaacuala Landfill saoEox 48 Liaar & Leanhato Collocbion System a Poem KO. i coxesxvc~rzoxv PAO~C•r ran. S4df1 II III __ IY V 8 D ITEM QSl'Y & IINIT DESCRIPTICSP UNIT PRICE SID TTEM R8TIA~TSION IN SIOIQRES (QTS[ a( IINIT PRICSS) Mok+iliaatfon and 1 1 I,s DercAbilization• Cott plete in Plac $54,300.00 ~ 54,300.00 , e ger Ls. Con,~plata $acaavation of 2 87, 000 Cy SGC'tor G8. Complete and $2.70 ~ 234,900.00 is place ex , suk•grade preparation of 3 74,OOD Sy sector 48. Complete and $0.27 19,980.00 0 in plac® per 6v. . -- Compacted Clay Liner ~ Installation + 500 CY 4 50,000 Cy Ei11 as per drawings. $3.33 ~ 166,500.00 Cort:plete and in place ~_~ Lea.chate Collect on Syatam Installation, 5 4, o0o L£ piFing, drainage media. $39.00 $ 156 000.00 Corc.plete and in plaoe , peY Lf .. arcundwater utzderdrain, 6" slotted tIDPE pipe, $27.00 6 2, 500 Lf drainage media. $ 67,500.00 Complete and is place _ _ ex Lf. 60 Mil smooth FIDPE 7 64, 550 sy Geomembrane liner $5,4g 379.50 $ 354 xxtatailation Com lete , . p and in place 8~r sy. 60 Mil Textured FIDP$ 9 8,550 Sy C~eomembrane liner Installation. Complete $8 82 $75 411 00 and in place er S . , . c3eocomposite drain ' Layer Installation. 9 74, D00 3y Complete and in place $4.95 0366,300.00 $~ AAVZem7 AAOR08A4 lOAM Addendum DTO. 9 vase ] os 16 ACCROhmant 1 12/05/2008 15:38 02b3802 ENGI~ERING PAGE 05/17 ~~ Norl-woven l3eotextiie $0 39 fabric Installation. 4,290.00 $ 10 11,000 8y Complete and in place Battling, spreading anfl li 50, 000 Cy placement 2' protective so::l cover Com l t $2,70 $ 135,000.00 . p e e and in place per Lam. Opi:ional Perimeter 12 200 9y Accesg Road pavement $gg,Op $ 19 800 00 replacement. Complete , . anti in place eg r sy•, 13 ~ 78, 500 Cy COt7STRUGTION OF BOND: $2 70 $ 211,950.00 NeY 87CC6VatiOri ex' . COidSTRVCTxON OF POND: 14 1 T..® car<suted Rip-Rap ANp INEtTALLATION OF $15,000.00 $15,000.00 24^ RCP or Ls. Stormwater Pollution ~5 1 Ls Pre,rrentiori Plan, Complete and in la $6,900.00 $ 6,900.00 p ce ~' Le. 16 g0 Lf Trench 8attty, complete $3.00 $ 270.00 anC; in place ep r Lf tae11 pointing or approved alternat® 17 1 Ls dev~atering method not $27.000.00 $ 27,000.00 deemed atibeidiary hex' I,s . , Extezld RSSR channel to Pord No.l and plug 18 1 1] 0 L£ prior channel emptying , . into the storm Channel $7.50 $ 8,325.00 as per the drawings ~• L1:. ~,'~Z'~ 8.~~~ $~pi ~ 1,923,805.50 (Bid 2t;emr 1 thCU 18) BBVSBBn PAOSOSAn PoAx A,tLdoadtmp tto. 3 PAOB 4 OP 16 At:t:0.0tirYBAC 1 12/05/2008 15:30 8263802 ENGINEERING PAGE 06/17 BTAT~IT 08 Q4ALSexCATIONBi This saatioa sill be uasrl by the Owaar anfl Sngiaeer for evaluations of the proposals and for ldid Award. The Contractor, subeont::actors, sad suppliers shall be gualiliod and experienced in the performance of the work as described in the 8paoial Hrovisiona, Item A-30. The loilowiag statement shall be Eille~4 out in order to flemonetxate oompliaace with the qualiEioationa sad exparieaoo requirements. All questions must be awawered and the data given moat ba oomprehensiva. This stabeaent moat be notarised sad submitted with the •Hroposal•. IE neaeseary, questions may be answered on separate attaohsd sheets Do not attaohad general advertising sad marketing literature; non- relative materiaie will sot he considered na part of the proposal. 19aiiure to aemplate the Oaalifieations statement aospletely sad aaourately shall be eels asap. fox the •Psoyosal" to be aoneidsred son-seapoasiva. "Proyoeais• with an iacompiata paali4laatioas atatemeat sill not be evaiuabod and will b® considered no~v-responsive and be ra9eatad. sevxasn naoroans, vests Addendum No. 3 ants s or is Attaabmaat 1 12/05!2008 15:38 8263002 ENGINEERING PAGE 07/17 COt~AtaY INPOaMaTIOH 7,. Name Of Pirm/Ogapany submitting proposal Bonn (prima ContraCCOr Only): Longhorn Excavators, Inc. 2. Pexaanent male ofiica address and telephone numberr 8653 FM 2759 Richmond, Texas 77469 - (281) 937-9700 3. Year oxganiaed,~_ SP a Cozporation, where incorpozated~ TFXAS 4. atrrent number of contracts on head as s prime Contractor; 16 {provide a gchadule of these, showing Hama and address of Own®r, amount of each contraae sad the approaimata antioipated dates o! compleeion.} 5. Have you completed all. Contracts awarded to you? X Yas ^ No. Zf no, submit details. 6. Nave you aveY delaulte9 on a contraCt4 ~~ Ya9 ,~~ No If so, where, why, Hare of project, name and address o! the Owner, and Hama of bond Carrier. 7. ze your Eixm presently engaged in litigation with xeepact to any Claim regarding contract pezformancaa Xes „~ No If yes, submit description and state Casa number, style of case and court in which pendiagor in which judgement was entered. e. Nas your flan aver heart assessed Liquidated naroagea on say pzojeet4 __ Yes X No If yea, submit deCaile• including the nnme and address o! the owner of Che pzojeat. 9, I8 your Pima Curzeatly working on say projects is which work !A being performed Bast the Original daadllnaY ~_ Yed X No -- If yea, submit details including the name and addzeee of the owner of the project along wish an explanation of rihy •:he project is late or grit the achaduled deadline. So. sank credit available a3 Million Hama of sank: Amegy 11. Attach a copy of your :,irm~s most recent detailed audited financial atatemont {submitted to a hank for credit} and a ourrant detailed financial statatnent. 32. Have the prinelpale of yyoour firm bean engaged in the eoaetzuCtioa contracting business under qtly other name within the pact live (5} yeara2 _- Yea X No , If ae, pleaga provide the ne,me eE such principal(s) and the acme and addrasq o! the iotmar business. Subscrib nd s t y Joh arker, before me the undersigned authority, an December 10, 2008, to certify, which witness m~! hand an se I of ff Name: Notary Public, State of Tet as R Z,tt John D. P er Notary Printed Name: G TA Notary's Commission Expires: o // .M~ ae sea paoppsAU PoaN JlAdsndwa No. 3 BERNADETTE JANICEK LAOS s oa L6 AttaahaleAE 1 My Commlaalon Explrea Juns 12. 2011 P~ 12/05/2008 15:38 8263802 ENGII~ERING PAGE 08/17 9POIUC p1'+AN: nrovipe attat7haQ to this .'oposal a bxiat atatame_nt describing the biddara apgroaah to completing activltieeito denpttetrate~tl7a teAasibilitytoi~the bidder's appxotoht Basrpahartt0fayaba~hand written on this cheat Or pravidod tm an attached printop page. Please see attached bar schedule RHVIaBO PROPp9Ry TORN 'AQSaIId71m A70 • 3 PAOB 7 OP 1,6 Attaabma~pt I. 12/85/2008 15:38 8263002 ENGINEERING PAGE 09/17 CeRtlaCCOY Flojaat $18tC2yt - - R'he Firm and auh-COmtraCtors (to the Firm) moat have domonetrated taohniCal expartiae, axparience, and leeouroaa to pzayide a co~gxleip pzojact. Fro~pet experieaca listed should he thaC NhiCh ie eimiiar to the type, eiza, and BoOpe o! this pxoject and shall have peen perioxmed within the last 5 yaara. BpeCiEy whethp! the pro~ea'_ Bxpprierice liatefl was gerFormed by the plittro c~tractor o! subcontractor. It the experience liptpd pas parloraed as part of p team specify pareicip0.nt's role (priaN or aUbCOntractor) axSd_pB~gentlsge~E wOYI~ BrYormafl. Please see attachetltl GQTua i iCa i ateme tp aavxsaro FacFOaw Foaa 81dd0nduat No. 3 PAAa B OF 16 AttadhMeA! 3 12/05/2008 15:38 8263802 ENGINEERING PAGE 10!17 Psoiaot Mo.1 ~, ~a~=Please see attached qualification statement CoaCBtCt Mama aed Shone PYOjE:C•: MAttaBaxt_ Brief ne4Cription oP poAk: Award bates AOtaptanca Aavx88D lAOP09AE BORtt 4A@8 9 08 16 ]18QaIICtftll No. 8 AECaWtmac6 1 12{05/2008 15:38 8263802 ENGIFlEERING PAGE 11/17 LO !Gt N0.2 oaaer xame,Please see attached qualification statement LOCatiOD, Contact Name end PhOri~+ Number: pYpject Managar:,~^ arieP aeeeription cP i~ork: Award Dat6• Acceptance DaCe• xevzaw raorosAa eoaa Addendum No. a PA98 LO OD LB Attaplfma:0.t 7. 12/05/2000 15:30 0263802 ENGINEERING PAGE 12/17 Pro eat Ne.3 lease see attached qualification statement Owner Wama~ _ ~oaation: Contact Name and Phone. Nambar~ PrOjBat Managart_~ .arieP Deacriptioa of S~ork. ANarfl Data- Aaaeptanae nata:~ R6VIBR0 PROP08AL FORM AQdeL811D! NO. 3 YNGa 11 OB 18 AtlBlOLmellt 1 12/85/2008 15:38 8263802 ENGIh~ERING PAGE 13/17 aroieat No.~ Please see attached qualification statement E)N1E07t Nama: noaationt Contact Name ttad PhotiE~ Natnbert Project Nanagere___ Sriaf DeacripCion Of Award Data Aoeegtance Datat_ Ea=uzexu PaoPOeAO soaa PAAIt J,R OP xi Addeadum No. 9 At:taebmaat 1 12/05/2008 15:38 6263802 F~lGINEERING PAGE 14/17 LIST oe 828166 BaB-CODITR1~CTiNO OPi T6I8 pRWiBCTs In aon£Ormarice with the Gbntraat pocumonte, listed below are the names, address, and plhone numbers o£ the 81rms auto-aontracking, and to orhat extent they will be used 1£ awazdad this oontraat. This Siat ahail nok ba modified except as requaated and approved in wziting lay the oemar. state if work is to be self performed. Hams and Address e! 9ubaoatractor--r---Ir-ixrpa o! 9fox7t A. Triton Works LP I I ~eachate ollection ystem a Falcon Environmental ~ ~ Liner 5200 Johnson Road ~dessa,Texas 79764 s. 4 R6VI8BD DROBOSAi. PORtd AddaIIdalD Na. 3 PMa 13 OB 16 AtkaChmeak 1 12/05/2000 15:38 8263802 ENGINEERING PAGE 15/17 The undersigned hereby declares that ha has visited the site and has carefully examl.ned the plans, specifications and contract documents relating to the work covered by his bid or bide, that he agrees to flo the work, and that no representations made by the City are im any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notil:ieation of award of contract, we will within ten (10) calendar days executti the formal contract sad will deiiver a Performance Bond (as required} for t;ae faithful performance of this contract and a Payment Bond (as required) t:o insure payment for all labor anfl materials. The bid bond attached to this proposal, in the amount of 5Y of the highest amount bid, is to become the property of the City of Corpus Christi in the event the cani:ract acd bonds are not executed within the time above sat forth as liquidated damages for the delay and additional work caused thereby. Minority/x1'inority Buaiaeas exsterpriee Partiaipatione The apparent low bidder shall, w.tthin five days of receipt of bids, submit to the City Engineer, in writino•, the names and addresses of MB8 firma participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Setae of Doaumentss The contract and ali bonds wilt be prepared in not leas than four Coullterpart (original signed) eats. Time of Gcwmpletion: The undersigned agrees to complete the work within X00 aelendas• days from the date fleaignated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, flo all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in atri~t accordance with the contract documents and the requlzements pertaining thereto, for the sum or sums above set forth. Receipt of the follolving addenda is acknowledged (addenda number): 1,2,3 Respectfully submitted: Name: L horn Ex .va s, Inc. IBy: (sBAL - IF srppslt zs (g=pNATpgg) John D. Parker-President a Corporation) Address: 8 53 FM 2759 (P,O. Sox) (Street) Richmond, Texas 77469 (City) (State) (zip) Telephone: (281)937-9700 NOTBf DO hot detach bid !'rom other papers. Dill in with ink ens! aebm:Lt complete with attached gapern, (Reviud :~uguat 80001 RRVr9® PAOPO9AL SORw 1lddwadum No. 3 axOR 14 OF 16 AtkA01:AeAt 1 E R F O R M A N C E B O N D a Bond No. 46BCSFB0268 STATE OF TERA3 § IO?IOW ALL BY THESE PRESENTS COUNTY OF NUECES § THAT Longhorn Exoavatora, Inc. of FORT BEND County, Texas, hereinafter called "Principal", acid HARTFI~RD FIRE INSURANCE COMPANY , a corporation organized under the laws of the State of CONNECTICUT , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum Qf ONE MILLION, NINE HUNDRED TWENTY-THREB THOUSAND, EIGHT HUNDRED FIVE AND 50/100 ($1,923,805.50) DOLLARS, lawful money of the United States, to be -paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by ;these presents: THE CONDITION OF THIS OBLIGATION IS SIICH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH of JANUARY 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER 6 LEACHATE COLLECTION SYSTSM 6 POND NO.1 CONSTRUCTION PROJECT NO. 5240 (TOTAL BASE BID: $1,923,805.50) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the. City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed ,on this bond, venue shall lie in Nueces County, Texas. And that said surety for. value received hereby stipulates that no change; extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration- or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notic@s 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 i~LTII$88 idBEREOP, this instrument is executed in 9 copies, each one of which shall be deemed an original, this the 16th day of January , 20 09 . PRINCIPAL ~x ~~~ ~~~ ~~~ ~ i ~ of~not ~ i~ ~~.40 ~o~~i5' ~ ~ueaas Cora .y-. '~4'e~c~. fos ~ . sy p fi, . ~~~,: Integrity Insurance Contact Persoa: Jaekie Kingsbury Address: 800 North Shoreline Boulevard Corpus Christi. TR 78401 Phone Nta4bsr: (361) 866-8400 (NOTE: Date of Performance Bond moat not be prioi to de to of contract)(Reviaed 3/OB) Performance Bond Page 2 of 2 P A Y M 8 N T. B O N D Bond No. 46ECSFB0268 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Longhora Exaavatora, Ina. of FORT BEND County, Texas, hereinafter called "Principal", and HARITORD FIRE INSURANCE COMPANY , a corporation organized under the laws of the State ofCONNECPICUT , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, NINE HUNDRED TWENTY-THREE THOUSAND, EIGHT HUNDRED FIVB AND X50/100($1,923,805.50) DOLLARS, lawful money of the United States; Ito be paid in Nueces County, Texas, for the payment of which sum •well and truly to be made we bind ourselves, our heirs, executors, 'administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH day JANUARY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER 6 LEACHATE COLLECTION SYSTEM 6 POND NO.1 CONSTRUCTION PROJECT NO. 5240 (TOTAL .BASE BID: $1,923,805.50) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment- to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void;. otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed .upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the.-work. performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and- it does hereby waive notice of any such change, extension of time, alteration or addition to' the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon s Civil Statutes of Texas, and other applicable statutes of the Sta' of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The. undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IDi i4ITNE38 i~TBEAEOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 16th day of January , 20 09 . PRINCIPAL ~~a~ ~~~~~ ~8~~~ -~ ~~~ ~ ~~ ;,,; I~peaea Qom. aF. for rery at ridta~ s,~s ,}~sa+?fe~6re-"Sa: Rg~ea~ys; Integrity Insurance Contact Person: Jackie I{ingsbury Addr~aa: S00 h Shoreline Boulevard Corpus Christi, TR 78401' Phoae Nnml»r: (361) 866-8400 .. (NOTE: Date of Payment Hond moat not be prior to date of contract) (Revised 3/06) Payment. Bond Page 2 of 2 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford: The Hartford Hartford Financial Products 2 Park Avenue, 5"' Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state:tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja. Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products 2 Park Avenue, 5"' Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compar5ias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse c.on su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. F-4275-1, .(rX4275-t HR 42 H006 00 0807 IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus, as determined by our Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. Form F-XXXX-O Printed in U.S.A. Direct Inquiries/Claims to: POWER OF ATTORNEY ORD 6 oAB° MAVE HARTFORD, CONNECTICUT 06115 call: 888-266-3468 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-6'0074 & 46-505987 Hartford Fire Insurance Company, a corporation duty organized under the laws of the State of Connecticut XO Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of [he Slate of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the Stale of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Donald E. Woodard, Jr, Harlan. J. Berger, Andrew J. Janda, C. W. Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker of Houston, 7X their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12, 2000, July 21, 2003, or January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affxed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tr, . r AN„ EA 4 g :iu69 a~ • Na •M~ ;~`47y 10w °t 1y79 : 6 ]9N ~ f i ~UCI; •~M1Aa IA Va • µ,.YP '9u.0- Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD Gary . Stum r, A sista ice re dent On this 2ntl day of February, 2005, before me personally came Gary W. Stumper, to me known, who being by me duly sworn, did depose and say: that (s)he resides in the County of Hartford, State of Connecticut; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto-by like authority. Pwsr ~ /J Sp (l i~ ~ • +uwt~ r ""~v`~ //j1/pv" ora M. Stmnko Notary Public CERTIFICATE ~ My Commission Expires March 31, 2006 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and fore oing~is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Jamxary 16 , ~0(~J Signed and sealed at the City of Hartford. •ArruM1. Nb` `;.lA..lA:l(:~ t tvar ~ Y~ ... .': 6 ?i r9ev € A ~ ~ - { 1('Amen/tom Nq•M• ~'fY795° ~ A<APP •~J ~lIA1laA • A4UAAhA R. P E R F O R M A N C E B O N D STATE OF TEXA3 § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Loaghora Eaaavatora, Inc. of FORT BEND County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE MILLION, NINE HUNDRED TWENTY-THREE THOUSAND, EIGHT HUNDRBD FIVE AND 50/100 ($1,923,805.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH of JANUARY 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUSLA LANDFILL SECTOR 4B LINER & LEACHATE COLLECTION SYSTEM 6 POND N0.1 CONSTRUCTION PROJECT NO. 5240 (TOTAL BASE BID: $1,923,805.50) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FARTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print. Name & Title) SURETY By: Attorney-in-fact (Print Name) Agency: Contact Person: Address: Phone NYmber: (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT Longhorn Excavators, Inc. of FORT BEND County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, NINE HUNDRED T~-ENTY-THREE THOUSAND, EIGHT HUNDRED FIVE AND 50/100($1,923,805.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION I3 SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH day JANUARY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER & LEACSATB COLLECTION SYSTEM 6 POND NO.l CONSTRUCTION PROJECT NO. 5240 (TOTAL BASE BID: $1,923,805.50) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) ACJ@nCI-: COIItBCt P@r80II: Addy@88: Phone N~ber: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 12/05/2008 15:30 8263002 ENGINEERING PAGE 16/17 CITY OF CORPUS CHRISTI DISCLOSURE OF INTt;RESTS City of Corpus Christi Ordinance 17112, es amended, raquirea ail persons or }inns seeking to tlo business with the Cily to provide lha foikwing infonnatlon Every queatlon must be answered. If the question la not applicebte, answer with "NA°. FIRM NAME Longhorn Excavators, Inc. S~g~; 8653 FM 2759 CITY:.... . Richmonsi 21P: 77as9 FIRM is: 1. Corporatlon X ~2. Parfierehlp 8. 8ole0vmer 4. Assoolatlon ___,~ 5. Other DISCLOSURE QUESTIONS If edditlonal apace is necessary, please use the reverse skte of this page or attach separate ahaet. 1. Statetho names of cash "employoa" oftha City of Corpus ChrtaG having an "ownermhip interest" oom9tikuting 396 Or more of the ownership in the above named "firm". Name Job Title and City DeparUnsnt (ff known) 2. Slate the names of each "a!flcial° of the Cfly of Corpus Christi having an "`ownership interest' constltudng 3°~ or more of the ownerehtp In tfie shove named "firm". Name Title N/A 3. State the names of each "board member" of the Cigrof Corpus Chrtsfl having an "ownerehlp Interest" aonstftuling 3% er more of the ownership in the above named "firm". Name t3oard, Commtsaion or Committee 4. State the names of each entployae or offlar eta ^consulhint" for the City of Corpus ChrleU who worked on any matter elated Qo the subJrct of thk wrrtrrtct and hae an °ownsrmhlp IMsrest" aonetituting 9% or more of the ownsrmhip to the above named "firm". Name N/A Cortsutlant CERTIFICATE I certify that all information provided is true and correct ne of the date of this statement, that I have not knowinglywithhold disclosure of arty infortnadon recuested; and that supplemental statements wlii be promptly submitted m the City of Corpus Christi, Taxae w changse occur Certtlying Peson: John D. Parker ~•; President (Typo or PdnU /~ Signature of Certllying Person: ~~. ~,~-- paw; December 10, 2008 REVISED eaOrOEAL 90RM Addendum ir0. 9 PAGE 19 OF i6 ACCaeLReaE 1 12/05/2008 15:38 8263802 ENGINEERING PAGE 17/17 DEFINITIONS a. `Boarcl Member", A member of any boats, commiselon or ocmmfMse appointed by the GKyr Council of the Glty of Corpus Christl, Tex. b. `Empbyaa°, Any parson wnployed by the Ctty of Corpus Christi, Texaa, either on a NII or part time bask, but not as sn independent contractor. c. 'Film'.Anyentityoperatetlfcraconomicgaln,whetherproteselanal,lnduatdaloroommerolalandwhetherestabliehedto p~ro~um o~rdealwilhaproducloraervloa,includlnpbutnotAmlfectto,entltlesoper~dlnthetbrmofaolepropdetash as P Y~per~.PaMarehiu.oorpo-atlon,lolMatockcompany,)oirrtvanlure,rooaiwrshipwtruatendentreeawhfch, for purposes of taxatlon, are seated ae non-proltt organizagone. d, plaAartmentheand O~ston Haf~a and MunlCd~ Couurdtl:ludge of thewGtl~ o uuq~yr Chy Manager, Assistant Cily Managers, pd ~f Coorpus Chrsti, Texas. e. 'Osmarshlp IntereaC. Legal or equilalNe Interest, whether actually or construotlvey held, to a firm, Induding when auoh interest k held through an agnnt, trusstt,, estate or holding enhgr, `ConstNCtlvety held" retereto holding or control established through voting teats, pro~dae or spade[ terms of venture ar paMerah[p agr~erhents. t. 'CansultanY. Any person w firm, such as engineers and arohiteots, hired by the City otCo~+us Chrlad forttre purpose of professional conaultatbn anc recommsndatlon. AevlssD PAOYDW~7. Y08)a 1~ddeRdDm No. 3 P71DE 18 DY 18 AttaaLmeab 3 Itd catifi te' zeated M laLertr M mat N G w Pcea such' affoMW M those pan! BM0066 CerliBcale of losanoce This oera6ade is issued as a mute of infotmefiov Duly aM caden no rights vpov the canficme holder. This eatificele is ram an immance policy and dues va a0'mnativdy or negadvety amatd, extend, or eha the coverage afforded by the poficiea lined below. Polity Omiu ere no less thav these listed, alWough policies may hmlude addidoml wblhnits not lined below. Polity Iimia may be induced by claims odrapaymems. This is to cettlfy that (Name and address of Iosarcd) Ignghorn Exeavffiors, Nc. / 8653 FM 2759 Richmond, TX 77469 fiwtaltaed tam Es iretion T Continuous" Extended X Policy Tenn Workers Compensation General Liability Claims Made X Oxtmence Retro Date Automobile Liability X Owned X Non-Owned X Hired 08/01/2008/08/01/2009 I WC1-191438396-078 - Liberty Mutual-a. thdr terms, ezCluaiom and ootrdidom ®d :overage artorded seder WC 4w of Employers Liability he to0owing sates: Bodily Injury By Accident 3x 51,000,000 Eacb Aceident Bodily Injury By Disease 81,000,000 Policy Limit Bodily Injury By Disease 51,000,000 Each Person OB/01!2008 / 08/01/2009 I TB7-191-438396-028 General Aggregate-Other t ao Prod/Completed Operetions 52,000,000-Per Project ProducWCompleted Operations Aggregate add Property Damage Liability 08/01/2006 /08/01/2009 I AS7-191-038396-038 and Advertising Injury Other Liability Other Liability 5300,000 Fire Damage 55,000 Medical Each Accident -Single Limit - B. I. and P. D. Court Each Person Each Accident or Occurrence Each Accident or Per Per Person / O Per endorsemem LG 32 20 09 07, Certificate Holder is an additional insured under the General Liability policy if required by a written centres with the Named Insured, bur M only for tlr coverages and limits provided by the policy and the additional vuuredandorsement Per endorsement CA 20 48 02 99, Certificate Holder is an additional iruured M under the Automobile Liability policy ifrequired by a written contract with the Named ~ bur only fa the coverages and limits provided by dte polity and the additonal E instead eldtxaemtxn. N T A Yebmmt ov this eeeneae dos Dot cads dgham the eetdgeatehdda iv aeuofsudi endaaements. m(Sael. the IistN immmcepdig mry na be cancelled on lea Mtn 30 drys wnum notice by tlw ivvua wgl not avid Office: HOUSTON, TX Phone: 713460-0650 Cr[dC' testa Holder. Attn: Contract Administrator j City of Corpus Christi C Department of Engineering Services P.O. Box 9277 Corpus Christi, TX 78969 ~a ~~~~ VICIO MAYO Date Issued: 03/20/2009 Prepared By: VM ACORU CERTIFICATE OF LIABILITY INSURANCE i~i9i o 9' 2 PRODUCER (281) 930-1600 FAX: (281) 930-1400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Global Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOEB NOT AMEND, EXTEND OR 116 Dixie ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Deer Park TX 77536 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURERA:RSDI IndesDEi.t CO 8n Longhorn Excavators, Inc• INSURER B:Max $OGC181t In8 CO. 8653 FM 2759 INSURER C: INSURER D' Richmond TX 77469 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. E I INSR DD'L Y E P N TypEOFINSURANCE POLICY NUMBER DATE MM~D%W DATE MNWgY~ LIMITS GENERAL LIABILITY EACH OCCII E COMMERCIAL GENERAL UABILITV PRMAGE TO~~ED noe E CLAIMS MADE ~ OCCUR MED EXP A ona rson E P SONALSADVINJU V E ENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E PRO- POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED 91NGLE LIMIT ANV AUTO (Ee eccitle~ E ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) E HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (PoraccitleM) E PROPERTY DAMAGE E (Per ecoidont) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANV AUTO OTHER THAN E AUTO ONLY: G E EXCES&UMBRELLA LL4BILITY H I ~ § B, 000, 000 X OCCUR CLAIMS MADE q S § 8,000 000 E A DEDUCTIBLE NRA045371 8/1/2006 8/1/200,9 § R ION V/ WORKERS COMPENSATION AND EMPLOYER5 LIABILITY ATU- OTH- ANV PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT E OFFICERIMEMBER EXCLUDED? dh d E.L. DISEASE-EA EMPLOY i It yes, tlmc e un er SPECIAL VI I NS below E.L DISEASE-POLICY LIMIT E g OTHER Leased 6 Rented NAx5iM0oo2417 8/1/2008 8/1/2009 ees item $500,000 Ems+Pment ees Oeoussenae $500,000 DESCRIPTION OF OPEAATIONSILOCATX)NSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECUAL PROVISIONS Re: Cefa Valenzuela project. 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of COrpuB Chr1St1 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~p()(d( MAIL Department of Engineering Services 3O GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT ATTN: Contract Administrator , ~E~kaG~~w~ C P O Box 9277 ~ COIpUS Chr18t1 TX 78469-9277 , AUTHORQED REPRESENTATNE ACORD 25 (2001/08) INICMA imno~ na.. ® ACORD CORPORATION '1988 oe.,e } nr v IMPORTANT It the certifcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights tc the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25 INS026 (oto8) o9e rye e rn e { -., L IatHIY NUIURL INS YaX: /l;i-4kiU-51a3 Jan 19 2009 13:57 P. 01 242200800342400036 ~. _. ._ ..... '?r .. ._ ~ .f ~ ~ ~ _ .. ._ ..., l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ERPANDED BIANIS6I' ADDITIONAL INSUREp AND WAIVER OFSUBROGATION-CONTRACTORS ONGOING OPERATIONS This endotsenxnr rpodiEes insueatue provided order the fdlowirig: /CO;•L\IERCI~.L GENEILai. LGtBILTCY COVER,tGE PART A-: Section II -Who I:,ln Inaumd is atnerded to include as an ittrured aay~persorr or orgattizapen to v.•hom }rou are obligated by a wrtten ageeement to pxoture additional in- ataed copegge,Pro`~ded thole 1. the "bo_agy tnp°. y," '~mpea}' damage," oz "per . zonal and adsYStising injtm" giving iise to liability eccnrs .sybsequent :?.the. ~7pecution of the written agreernWt; 2. the written egeeetnmr ;s in efkct at the pore oCthe "bodily injtuq;' "property.damage," er "penood and ad- vertisingirtjuty".Eorp~hichcrnerageissought. ~, . Thar peeson or argawatbvs shall be ieferred to a, ~dre addl- . ... ..doaal insuued..... ._. ... ...., .. ~ .. ... ... .Tlta coverageafforded ro die addrdtinal insured is limited to' '- liability caused. 1n whole or in pan, hS the negligent acn ar omissions of you, yore employees, }roue agents, or your sub- oonavaon, in the performance: of your ongoing operations ,. This imtuanee dogs. not apply to "bodily injun-," or `property _ detnagq" `peesoffal, aml advntdsing injtu}'" sailing our of `tour work" inrJuded in the 'produets~scmpletcd operatiwtc hood". 76ere is no cmerage for the additional insured for '•bodik injure', ^prepern damage" or 'personal and advertising injnty" arising out of the sole neg}igerice of the additional insured or by those scdng en behalf of die additional insured, except asprovidesI bebw. '. tf the written ogre®ent to indermufy an addidorral.insuted .. ... requ;Re dtat.vtro itdmutify the addidonal irnured far iu sole ._ peglig%ce, then the carexage far the additonal insured c6all eonfoem ro that agreemmg protdded, hoverer, dose the eontrauual indemrti5cation 1 of the iBreertum ie slid under the law of the state where t}teageeetrxnt was formed. If the vnitten agreement provides diet ^ pudadar states law wiR apply. then such prosdsion will be kroaored. B. Waiver Of Subrogation 'For an}• additonal iristited that obtaiw inzumd'status'd6 this poScy thrt>ugb pacagtaph :1., above, we wawa soy tight of xcovery we may have against the addidenal in- sured because of payments we ireke foe "bodily injiirr", "property damage" or "pnrsonsl and sdreetising injury" to which this insurance applies. C. Exditsioos. ... ... With respset ro the insurance afforded ro'theae addidonal insuteds, the foAowing additonal evcbaians aPPIY This itlatuyn« does sot spill}: L to "bodiy injuty't', "Property damage" or "persotml ' ~ ~ and adrerpsing injoiY" atisirtg'om of the zetideriug of, or the failure ro sender, arty pxofessiensl'arkhitectraat, .: . engineering or atrtve}ing services. itseltdirrg:. ,. a. 'the PieP~6. ^PProvwg+ as faitiog ro pxpxte ar appane, maps, shop drawurga, apunons, reports, curvets, fold orders, change orders or tirawiuga roil speaficauom: or b. Supervisory, inapcaeen, architectural or cogineer• ing ai:tivi'iies. ~ . 2. to "btxblr injury" or "properrc damage" occnraeg after. a. ?ID ~worlS indudmg materials, poets or equipiaetit " furnished in conntxdon with such wwk; on dse project (ether than service, maiuuenanoe ~ re- pairs) ro ~be pedomred by or an behalf of the ad.. ditional inmued(s) at dre location of the covered opentione has been eamplated; ~ b. 'that pordon of "roue work' our of which dse .injury oz damage adaee hu been put ro in in- tended use by arc person ar OrgA1Lr^dOd char than another ~COnQacta or subcenGac[or'engsged in peifomniog opar^tiem foe a y~neipd as a part of the sewn project. 3. ro "bodily injure' of "property damage drat acaus.. doting the roguing opentiem of a pmjett inaund by an C}weess & Conuaaoxs Protective Liability a Rsil- road Prettetive Li.bitiry• Pokey. where you. ax the conkaetar designated in rho[ poGcfs dedantions. 4. when eoveiage u ava+labk undo s eoMOlidared~ (wrap ' ' up) instlrattCe program in which you 1r6 involved I.G 37 20 09 07 Page 1 of 2 LltltalY MUIUAL INS hax:/13-4kiU-5/a3 Jan 19 2009 13:58 P. 02 aauaoBOO3azaoooav D. OtLet tnsteraua " Subject [o the acdusianz about, this inmuance sha11 be excess over any offer ieeslumee avztlabk re the addirional inoued, mhedrer sudi irisuGlnee is on'an acerz, wntinjeeri oY prunscy ~ ~ . _ base, unlm the ~mritcen agxeetneeie veld[ jrou requires thae the ~ . inets[at[a piovided for the addioonal u[sued 'be panuty t:aauurrrnt o[ pi>ti[4[y'.+wn-eontn'Mitoiy, ur rnnipa[uon w the adt6tiowl itssured'a ovlt poGry rtt pdieies. To [he extene thae the addidoinl imumd meuW have had the - ' . ., . nigh[ to putat[e ant odeer iesitranu Ca[iler for ewCtage, . ..including : defense, eve ehaB~shate thai,right~miih the addi. ~ .. .. uoaalinsuxd. _ _. _ ... Tiue endo,ieimmhen„nd>x elie IdbF.RT1'IN$UAeWCG~CARKIR, 776N~.' Proni~m 5 L•fieeeer Rate kaPiotion Drte / For atgKhmarc to Tb6q No. T8'f.[91.438S96A~ -b/ eLd4 Buie Isacad To ... _ .... iaucd .. ... LG 3Z 20 09 07 . ~f.~AY • I NiL+SInENr _ Cwntm>gncd ta' .. Avd~aaV! Paee . ... ... toys Ogee wd N0.. Fsd. Cain No- 18 .... .. . Page 2 0£2 LIBERTY'NUTUAL INS Fax: 713-460-5783 Jan 20 2009 14:11 P. O1 TH15'FJJDORSdIfiNT CHANOF.S 7HE POta~Y. PLEASE READ ff' CAREFULLY. - ; .. DESIGNATED INSURED ... . This endora~iient mobified Insurertee,pro4ided under the fGbviAng: - ' BtfBltJI;SS AUTO'COVERAC3E FORM ~ . _ . - _ _ .. .:.. . - - C+~RAf3ECOVE7tAGE'FORM ' -- ... .. ,....... - _ .M07~R CARk21i=R.~E FORgA.. ' ~ ~ . , .,.. TRUCKERS COVYIERAOE FORM iWllh respect fA coverage Provided by thb endorsement, the' provtelons of the Coverage Foim apply unless -- . 'rtgdiNed.t>)t.tlds-endabemeOL ..- .. .. ... - ..• ~-.- ~ _ Thb eitdnreernent Idenpfigs,peraon(s) or orgeniragon(e) who are Fvisurrids" under the Who b An Msunai Fmvieim of the Coverage Form. Thie endorsement tloee not alter coverege provided in the Coverage Foim_ lNCHEDULE ' Nenu of wreon(s~ or ~ ~ ~~ cl~dgi Eedt Parson or orgarflZetloti shown F'f Ehe BCfiedWe is en ~sisured" far LtebNBy Coverage, but only to the extent tlted,paraon or orpeniastbn giiaRfies as an'inew~ad• under the Who b An Ineurgd Ptovielori contained to ..Seobon g of the Coverage Form. . . 'PdGcy-Nb: ASS-19i-s36~96ma . Dale: OSl01rt2008 - .l~gifratiq- Rafe: ', b8/b1~005.... t3eles..QIQDe: ........' ... ... .. CA 20 q8 OZ 9g .. Copyright, Inswanca Services Oifice. Ina.,- 7998. Page 7 of 7 . LIBERTY'NUTUAL INS fax:713-460-5783 Jan 20 2009 14:11 P. O1 THIS;ENDORSEMENT CHANGES THE POLICY. PLEASE'READ R CAREFULLY. NOTICE OF CANCELLATION We w111 not cancel this policy or make changes that reduce ttie insurance afforded by this policy until written notice of cancellation or reduction has baen.mailed or delivered to those scheduled below at least a) . 1.0 days before the effective date of cancellation, iF we.cancei for non-payment of premium; or b) 30 .days before the effective date of the cancellation or reduction if we cancel / ar reduce the insurance afforded by~tfils policy for' any other reason. City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 . ~: This endotsemeM ie executed by the Premium S ETlectlve Date 08f01l20D8 Expiration Date 08/01/2009 For etterhmaM to Pdiay No. TB7-191x438398-028 quilt Basis IsW.edTo~. Longhorn Excavators, inc. 8653Fi42759 ~ ~,,,,~ Richmond, TX 77409 Y""°! _.`~ . 56CASCAAY iR&SIDBiS ..... . .. .. .:'.: 111 t, '~' ,. ~ CoUrlkrjBicd hy_.. ~_...,.~..- ............ ....................................._... ~1~ied Reprasen fivs . .. . ' Issued Salmi Otfice and No. ,,. End. Serial Np. .. 2319 Page ! of 1 (9-1-87) LIBERTY MUTUAL INS Fax: 713-460-5763 Jan 21 2009 9:87 P. 01 Tlt 82 OtA f . CANCELLATION PROVISION OR COVERA(iT CIIANGS ENDORSEM4NT This eadorsement modifies fasuraace provided under the £oliowing: / BIIEIAi69 h01+0 O'OViFeiDS >PO~i 618716E dQVa1Y0i 70DIt T6QL'st8l8 COVSASOR la~l1[ Tbir mdoreemsnt change® Che policy e!lsceive on the incaptieu date of the policy 'ualeaa amoEher Bata is iadieat~a bs~~... Endorsement Effective lkaiioy Nnnbar 08/01/2008 ~ A57-191-43$396-038 Named Insured T.onghorn Excavators, Inc. couatezsigned by Vicki Mayo .. -nucnnra.sen xepressncatxyel ~xr~r [30~ days before this policy is cannailed or materially chara~ed to radacs oz reati:ict coverage we miil mail notice of tlwe cancellation ox change to:; ,me7e>.~rar. .. ese` asraoe. . ... ~EateX .Name. and Addresa)_ ..-.... • M City o! corpus Christi Dspt. of Engiaeering services 71tta.: Contract 7Ldmiaistrator _ ... .. ..P:'O. HOX' 9777 . . Corpse ~Chriati, TR 78469-9777 7Qaae (Printed) s. Vicki Mayo Title (Priated): Service.Reoresen ativ .. 8087E T8 02 .0711 - CA1iCELLATIO~ P3t49is20E _OR COVSSA08 CJnIN6E 1SNp00t14mRE9' . Teans Standard 1lntaaoobile Endorsement 7!reacribsd 17evember 1. '1987 ATTACHIVaELVT 3 2 OF 3 LIBERTY' NUTUAL INS fax:713-460-5783 Jan 21 2009 9:47 P. 02 4CORR$RS CDMABNSATSON AND BNPLOYgRS LIABILITY INFSIfRAtJCl3 POLICY WC 42 06 OA (Ed. 7-84) TB7CA$ NOTICE 08 MATERIAL CEIANf3S BIQDOR81~1$D1T This endorsement appl£ea only to the insurance provided by the policy because Texas is ahem in item'a.A.. of the Informatics Fage• In the event of cancelation or otYser material change of the policy, we will mail advaacs _ notica.to,the peraea or.orgaaization aama8 iu tfie_$chedule._ The number Of days eid}!aaCe .notice is shown in the 8ahedula. Thin endorsemeat shall not operate directly or indiraotly to benefit anyone not Gamed in ..the 5che'dule. ... .. .... ... Schedule . .. 1. Number oP'days"advaiicr notice: 30 / - . 2, .Nance wfll ba. moiled to: ' city of Corpus 'Christi Department of Engineering services - _ Actse..~CCnt7CAQt Adciinistrator r.o. Box sa~~ . corpus Christi, 7'K 78469-9277 This ei~darsemant ohaiigea the policy to which it is attached and is effective on the date ieewd unless otheiwiee stated. {The information bslov is required only when this endorsement is issued subsequent to preparation of the polioy.) 8ndorsament affective 08/01/2008 Policy.No,WCl-141- : .Sndorsemsat No. 438396-078 Insured - Px'sn $ . . ,, Iaeurwnce Company Countereignad ey: .~_,. ~ , NC 42 06 OI Name {Printed): Vicki Mayo - {Ed. 7-84) Title (Printad):~ervice Renr ~~~*.+; vo AT1'AC~iMENT 3 30F3 i