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C2015-025 - 3/24/2015 - Approved
Clir 2015-02! 3/24/1! Ord. 03045: CONTRACT DOCUMENT L.D. Kemp Excavating Inc. FORImlir ill Cee f F. Valenzuela Landfill .. Disposal Sectors 1B & 1C Construction E13035 iik ......r s w ...... , .................. Cityof Corpus -___...,. ..-PCOFrFktt� Christi .��• . qs Iil ; *: /\ . *+l/ FRANK E. PUGSLEY e CP&Y, Inc. F-1741 4,1,••. 9$460 :ei November 5, 2014 -- 'ti°"tl -_-- pp, Record Drawing Number [SLF-129] 11. ow 00 0100 TABLE OF CONTENTS r„ <Division 4, f1 i Section Title • ' i a w F. Division 00 Procurement and Contracting Requirements aro 00 11 16 Invitation to Bid(Rev 10/14/2014) {� • 00 2113 _ Instructions to Bidders (Rev 10/14/2014) Li00 30 00 Bid Form(Rev 10/14/2014) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) F 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire �����.�‘ E 00 30 05 Disclosure of Interest .cP�e,OF T jr.`.\t '1 1 Illi , 00 30 06 Non-Collusion Certification r'` *ij ify.+.»t 00 45 16 Statement of Experience j'••'"' E.PUGSt_EY j II 00 52 23 Agreement(Rev 10/14/2014) l� ••' gg ........... p.• ;..i 00 61 13 Performance Bond(Rev 7/3/2014) tit. 00 61 16 Payment Bond(Rev 7/3/2014) Ill''INN....®�` 00 72 00 General Conditions ___,„4, ---f: / . ,P i- 00 72 01 Insurance Requirements(Rev 7/3/2014) C{,a 2- 14 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy I00 73 00 __.._ Supplementary Conditions 0044-00 S . - -difig-Age 1 I t Division 01 General Requirements 01 1100 Summary of Work 0123 10Alternates and Allowances I' 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 111! _ 01 31 00 Project Management and Coordination 0131 13 Project Coordination 01 31 14 Change Management ' 0133 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) X0133 02 Shop Drawings — illf - Table of Contents 000100-1 Cefe F.Valenzuela Landfill Disposal Sectors lB&1C Construction—Re Bid E13035 REv10-16-2014 3 .iii Division/ ,Ttle r ,, Section .� „fi x_ �_ . __..�,. , ,„.n. : A .� _ 3 0133 03 Record Data 01 33 04 Construction Progress Schedule 11 0133 05 Video and Photographic Documentation X01 34 01 ARRA). 0134 02Buy-Amari an rt;€icatio -(4RRA) I 0134 03 Buy-Ao ic-ac-Pf ns,(PALDB) 013101 -AmeFisan-Certific-at-e AWD4) II 04-3-5-00 Spec41oroceelwe 0140 00 Quality Management � �.,..,_�... � 0150 00 Temporary Facilities and Controls .,4�of.....40tttt r, ;`P.`" ' 0157 00 Temporary Controls ,_,:::4::).. .___*_,.- °'`'' ,...**1)., 0170 00 Execution and Closeout Requirements *••. ••.•'p0GSCEY 0 g4C ' Part S ' Standard Specifications ll O 1 �.tiCEN�•" c,,s 022020 Excavation and Backfill for Utilities and Sewers I ��t'ys�©NA ='�"` 022022 Trench Safety for Excavations ' 0-r ” 022100 Select Material J+ lb / .1 1 . 027402 Reinforced Concrete Pipe Culverts(S-60) 027404 Concrete Box Culverts(5-66) all Part T Technical Specifications _ I 01410 Testing Laboratory Services 01600 Material and Equipment 02100 Site Preparation 1 02140 Dewatering and Seepage Control 02200 Earthwork I 02223 Trench and Excavation Safety Systems 02225 Trenching, Backfilling, Embedment and Encasement 02227 Waste Material Disposal 02231 Drainage Aggregate 02250 Compacted Clay Liner 1 02256 Protective Soil Cover 02745 Leachate Collection System - I Table of Contents 00 0100-23 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV 10-16-2014 1 . it tso:L Division j - * ry . ,,,,t;;f:,,,' ' : 1 £ Section 4 02778 HDPE Geomembrane 02800 Geotextile Material 02801 Drainage Geocomposite Material tot 03100 Concrete Formwork fr 03200 - C6rfcrete Reinforcement im' 03300 Cast-in-Place Concrete NNNNNNNNNNN 11300 Leachate and Groundwater Pumps r TE* std i ,, 15065 Polyethylene Pipe and Fittings .0 or'`� ......* �If 16010 Electrical General Provisions / * i. r pUG-•... /. • 16012 Identifications ---1—c" �'��.. •.. '9646 q 16030 Grounding it -$ ''•4icEN X6,1 t 16073 _ T Hangers and Supports for Electrical Systems t o e��NNy 1st 16110 Raceways :,,, z I /Pie r ' 16120 Conductors 600V and Below (� 201 6.1 16191 Miscellaneous Equipment 16360 Underground Duct Banks Appendix Title 'li 1 Soil Boring Logs 2 Groundwater Surface Map 3 Soil and Liner Quality Control Plan I. c . END OF SECTION li IL c i .. I : x ' Table of Contents 00 0100-3 Cefe F.Valenzuela Landfill Disposal Sectors 16&1C Construction—Re Bid E13035 REV 10-16-2014 R{ I 0011 16 INVITATION TO BID . ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner)is requesting Bids for the construction of the following Project: li'i Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid Owner's Project Identification No.: E13035 A. The work covered by these Contract Documents comprises the construction of the liner and leachate collection systems of Sectors 1B and 1C at the Cefe F.Valenzuela Landfill located in Nueces County,Texas as indicated in the drawings. lar, 1. Construction of the landfill's Sector 1B and 1C,including: 111 a. Final Excavation and preparation of the subgrade. b. Installation of the groundwater underdrain system. c. Construction of a compacted clay liner system. d. Installation of a 60-mil HDPE textured geomembrane liner system. e. Installation of a geocomposite drain layer. I f. Placement of the protective soil cover. g. Installation of a leachate collection sumps and leachate conveyance system. h. Construction of cast-in-place concrete stilling basin,drop inlet structures, RCP bes drain, pipe supports and cleanout structures. i. Installation of precast concrete box culverts. j. Installation of rock-filled gabion basket outfall structure k. Installation of rip-rap erosion control and embankment structure. t I. Installation of electrical controls,panels,underground conduit,motors,wiring and hook-ups for leachate and groundwater control systems. 1.02 The Engineer's Opinion of Probable Construction Cost for the Base Bid is$2,854,210.The Engineer's Opinion of Probable Construction Cost for the Additive Alternate is$811,338.The total Engineer's Opinion of Probable Construction Cost for the Project is$3,665,548. The Project is to be substantially complete and ready for operation within 270 days. The Project is to �i be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: 2.02 http:/www.cctexas.com/business/supplierportal j.. Invitation to Bid 00 11 16-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 twrc. 2.03 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.04 This website will be updated periodically with Addenda, lists of interested parties,reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Monday, December 29, 2014 at 9:30 AM at the following location: Department of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/ DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. 5.04 Disadvantaged Business Enterprise participation goal for this Project has been established to be 0%of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. Invitation to Bid 00 11 16-2 Cefe F.Valenzuela Landfill Disposal Sectors 1B& 1C Construction—Re-Bid—E13035 REV 10-14-2014 ON limo 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check,money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. tor Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. r i 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be ll. considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Electronic Bids must be submitted to the Owner at the Owner's Bidding Website no later than s Wednesday,January 7,2015 at 02:00 PM to be accepted. The Bids will be publicly opened and read aloud at this time in the Capital Programs Department. Bids received after this time will r not be accepted. 7.02 Bid security documents must be delivered to the City Secretary's Office by the time and date : I;Ispecified in the contract documents. Bid security documents received after this time will not be accepted and will result in a non-responsive bid. Address Bid security documents to the Owner i. as follows: The City of Corpus Christi,Texas City Secretary's Office • 1201 Leopard Street Corpus Christi,Texas 78401 I : Attention: City Secretary Bid—Cefe F.Valenzuela Landfill Sectors 1B& 1C, Project No.E13035 ARTICLE 8—AWARD OF CONTRACT i 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who 1111 submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 It , days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS ' 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. Contractors for this Project must obtain and provide the necessary insurance,including I - 9,02 1 Workers'Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 11111` ' 9.03 Performance and Payment Bonds are required. IIIz END OF SECTION t" L Invitation to Bid 00 11 16-3 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10.14.2014 list too 00 72 01 INSURANCE REQUIREMENTS 1... ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS I A. Provide the insurance coverage for at least the following amounts unless greater amounts are_required by Laws and Regulations: I Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &AdvertisingInjury Y Business Automobile Liability-Owned, Non-Owned,Rented and Leased $1,000,000 Combined Single Limit -� Workers'Compensation Statutory t • Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage $ Not limited to sudden and accidental X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of I-= pollutants/contaminants. t Builder's Risk(All Perils including Collapse) Equal to Contract Price r ❑ Required X Not Required 11. Installation Floater Equal to Contract Price t Required X Not Required li.-: Owner's Protective Liability Equal to Contractor's liability insurance Required X Not Required 1.02 GENERAL PROVISIONS s A. Provide insurance coverages and limits meeting the requirements for insurance in 1111_, accordance with Article 6 of the General Conditions and this Section. 1.:-. Insurance Requirements 00 72 01-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV07-03-2014 1 I ark B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured.-Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the 3 Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this 3 Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance"clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: 1. Claims under workers'compensation, disability benefits,and other similar employee benefit acts. Obtain workers'compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers'compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-23 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV 07-03-2014 I imp liar' 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). lrrr 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on-beI aWof Contractor. Provide coverage on an occurrence basis,against: Ito'• 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage Irr which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment .,- ; of such person by Contractor; 4. By any other person for any other reason;and - 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located,including any resulting loss of use. d C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) yr4 „ ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is i,,,,¢ - to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody,or control of Contractor in lieu of elimination of f,` ,, the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. • 1) Provide coverage under the Contractor's Installation Floater that includes: < & ; a) Faulty or Defective workmanship,materials, maintenance,or I" construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; r c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; a. e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site;and • Insurance Requirements 00 72 01-3 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV07-03-2014 j 3 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, - supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions,and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 3 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, 3 agents,consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising3 from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions3 which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuars and entities identified in'the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV 07-03-2014 t 1 1 H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish It professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is - - grater. '> 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all r named insureds and additional insureds. Ili s . 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. r- '( 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other I . obligations under the Contract Documents,whether performed by Contractor, r Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of 1 • them,or by anyone for whose acts they may be liable. ir J. The coverage requirements for specific policies of insurance must be met directly by those 4 policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract I Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability p insurance. Imo 1.05 PROPERTY INSURANCE '1A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of 1- Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions,as named insureds. ` 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical R - loss or damage to the Work,temporary buildings,falsework,and'materials and r equipment in transit,and insures against at least the following perils or causes of loss: 1 fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown,boiler 6 explosion,and artificially generated electric current;earthquake;volcanic activity,and 11114, other earth movement;flood;collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that ` Insurance Requirements 00 72 01-5 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV07-03-2014 d ' __ j 3 caused by flood);and such other perils or causes of loss as may be specifically required 3 by this Section. If insurance against mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk,by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. _ CQver expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete,unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. a F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS 3 A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 3 Cefe F.Valenzuela Landfill Disposal Sectors 16&1C Construction—Re-Bid-E13035 REV 07-03-2014 I r. Iry insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from Ira; any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. V, C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, t. named insureds and additional insureds,and the officers,directors,members, partners, I,., employees,agents,consultants,and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by It • builder's risk insurance and other property insurance. iii` 1.07 OWNER'S INSURANCE FOR THE PROJECT p iA. Owner is not responsible for purchasing and maintaining any insurance to protect the for interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In I any event,Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by t insurance. The acceptance of evidence of insurance by the OPT, named insureds,or i additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. r' IARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: I " 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies;and a' f 3. Policy limits and deductibles. t.. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material i ' . terms and conditions, limits of coverage,or change in deductible change in the policy's t c g , amount. I.: 2.02 CERTIFICATES OF INSURANCE r - Submit Certificates of Insurance meeting the following requirements: I' A. 1. Form has been filed with and approved by the Texas Department of Insurance under c Texas Insurance Code§1811.101;or I L , 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV 07-03-2014 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 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 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 providing services on a project,for the duration of the Project. V .s. Insurance Requirements 00 72 01-8 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV07-03-2014 tar wra 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation,independent contractors,subcontractors, leasing I companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. I D. If coverageperiod shown on the Contractor's current certificate of coverage ends D the g during the duration of the Project,the Contractor must, prior to the end of the coverage I period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and r_ 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. r' F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. t nit inwritingbycertified mail or personal � - G. The Contractor shall notify the governmental entity y delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner 111 prescribed by the Texas Workers'Compensation Commission,informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 Cefe F.Valenzuela Landfill Disposal Sectors 18&1C Construction—Re-Bid-E13035 REV 07-03-2014 3 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. - Provide to the Contractor,prior to that person beginning Work on the Project,a 111 certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of111 coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: , a. A certificate of coverage, prior to the other person beginning Work on the Project;and 3 b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 3 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper 3 reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by r the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01-10 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 REV07-03-2014 I w■ 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. lo' The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. f - ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: r % City of Corpus Christi,Texas CP&Y,Inc. 1. Kleinfelder, Inc. Coym,Rehmet&Gutierez,Inc. B. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract.Documents: a. Landfill Disposal Sector,including groundwater control, leachate collection and liner systems. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General f K Conditions Paragraph 4.04.D are to be determined as follows: I ' 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials,and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month ` Days January 3 July 3 ` Supplementary Conditions 00 73 00-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 11-25-2013 L. February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 35 rain days have been set for this Project. An extension of time due to rain days will be considered only after 35 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: Select Soil Boring Logs are included in the appendix.A complete copy geotechnical report is available for review at the landfill office. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) include the following: Landfill Permit Geology Report. a. Cefe F.Valenzuela Landfill MSW Permit Application; HDR Engineering,2008. Available for review at the Solid Waste Services Office.-The Contractor may rely on the following Technical Data in using this document: 1) None of the contents of such drawings is Technical Data on which Contractor may rely. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS,SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: . "The Contractor must perform at least 30 percent of the Work, measured as a percentage of the Contract Price, using its own employees." Supplementary Conditions 00 73 00-2 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 11-25-2013 """ I END OF SECTION I I f• r Supplementary Conditions 00 73 00-3 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 11-25-2013 t 00 52 23 AGREEMENT This Agreement,for the Project awarded on March 24,2015,is between the City of Corpus Christi (Owner)and L.D. Kemp Excavating, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe F.Valenzuela Landfill Disposal Sectors 1B& 1C—Re-Bid E13035 A. The work covered by these Contract Documents comprises the construction of the liner and leachate collection systems of Sectors 1B and 1C at the Cefe F. Valenzuela Landfill located in Nueces County,Texas as indicated in the drawings. 1. Construction of the Landfill's Sector 1B and 1C, including: a. Final Excavation and preparation of the subgrade. b. Installation of the groundwater underdrain system. c. Construction of a compacted clay liner system. d. Installation of a 60-mil HDPE textured geomembrane liner system. e. Installation of a geocomposite drain layer. f. Placement of the protective soil cover. g. Installation of a leachate collection sumps and leachate conveyance system. h. Construction of cast-in-place concrete stilling basin, drop inlet structures, RCP drain, pipe supports and cleanout structures. i. Installation of precast concrete box culverts. j. Installation of rock-filled gabion basket outfall structure k. Installation of rip-rap erosion control and embankment structure. I. Installation of electrical controls, panels, underground conduit, motors,wiring and hook-ups for leachate and groundwater control systems. Agreement 00 52 23-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-16-2014 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: CP&Y, Inc. 1820 Regal Row Dallas,TX 75235 F-1741 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,an&difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion and Completion of the Remaining Work: Contractor shall pay Owner$1500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$1500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. Agreement 00 52 23-2 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-16-2014 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Oweer lig,iidatpri rlamagac ac ctirulatarl in, 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Base Bid Price+ Add.Alt. No. 1 $ 3,425,921.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Agreement 00 52 23-3 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-16-2014 Division/ Section Title 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 01 34 01 =_ • -• _ 0134 02 =- • 0 •- 3 r✓tv03 010 500 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022100 Select Material 027402 Reinforced Concrete Pipe Culverts(5-60) 027404 Concrete Box Culverts(S-66) 4~ XXII* Part T Technical Specifications #:' 'F it 01410 Testing Laboratory Services FRANK E. PUCSLEY 01600 Material and Equipment ti • 02100 Site Preparation /�''� ' 98'1-60 02140 Dewatering and Seepage Control t VSs;O-N-riL"ENS+ 02200 Earthwork J41.3,Nws.'grb- 02223 Trench and Excavation Safety Systems 02225 Trenching, Backfilling, Embedment and Encasement 11/5/2014 02227 Waste Material Disposal 02231 Drainage Aggregate 02250 Compacted Clay Liner 02256 Protective Soil Cover 02745 Leachate Collection System Table of Contents 00 0100-2 Cefe F.Valenzuela Landfill Disposal Sectors 1B& 1C Construction -E13035 REV 10-14-2014 Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. Agreement 00 52 23-4 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-16-2014 F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress,and performance of the Work; 2. The means,methods,techniques, sequences, and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations,investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. Agreement 00 52 23-5 Cefe F.Valenzuela Landfill Disposal Sectors 1E3&1C Construction—Re-Bid—E13035 REV 10-16-2014 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company.If Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. CITY OF CORPUS CHRISTI Agreement 00 52 23-6 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 Rev 10-16-2014 ATTEST City Secretary J.H. Edmonds, P.E. Director of Capital Programs (Engineering) APPROVED AS TO LEGAL FORM: y ...... ..'3C)L 63/� n„i i, 411116!:Gt—,-4 "2"-- // • n c 1, 11 ssistant City Attorney BECRETA 'l ATTEST CORP I, ) CONTRACTOR 4 L.D. Ke p Excav ing, Inc. A (Seal Bel ) BY: /111Milralliffi Note: Attach copy of authorization to sign if Title: (� person signing for CONTRACTOR is not President V Vice President, Chief Executive Officer, or Chief 5409 Denton Highway Financial Officer Address Fort Worth, TX 76137 City State Zip 817/281-4470 $/'j, LIU 130 2.-) Phone Fax pmikebrack@swbell.net EMail END OF SECTION Agreement 00 52 23-7 Cefe F.Valenzuela Landfill Disposal Sectors 113&1C Construction—Re-Bid—E13035 REV 10-16-2014 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:Wednesday,January 7,2015 at 02:00 PM. 1.02 Submit electronic Bids to City's Bidding Website: http:/www.cctexas.com/business/supplierportal Submit Bid security documents to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Cefe F.Valenzuela Landfill Disposal Sectors 1B& 1C—Re Bid, Project No. E13035 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the greement. 2.04 Bidder acknowledges receipt of the followingAddenda: L g p Addendum No. Addendum Date Signature Acknowledging 8 ei t 1 Jan. 5th, 2015 Puke b/- ckneU Bid Form 003000-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV i0-14-2014 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Form 00 30 00-2 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 all additional examinations, investigations, explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion, award the Contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive, or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for Bid Form 00 30 00-3 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The bid proposal submittal will consist of a combination of electronic and hard copy submittals. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Hard Copy Submittal—Bid Security. B. Electronic Submittal—SECTION 00 30 01 BID FORM and documentation of signatory authority. C. Electronic Submittal-SECTION 00 30 01 BID FORM EXHIBIT A. D. Electronic Submittal-SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. Electronic Submittal-SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. Electronic Submittal-SECTION 00 30 05 DISCLOSURE OF INTEREST. G. Electronic Submittal—SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. Bid Form 003000-4 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Form 00 30 00-5 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: ! [� . M �-XC.IAV a.-1--in1 nC. (typd Bidder) By:Name: VlILP Pr\ , e , rPtedfullie /nameof kr-r (typed or printed) Title: i C.e_ prpsl6enf— (typ'ed/or printed) Attest: e`GL .C � ,Ln rm ( (individual's signature) State of Residency: j�X0.S Federal Tax ld. No. 7 c - 2.V1 2.2.41 Address for giving notices: 54(A Denten Nishway F4. V'kr-ti-,) T) 1 to 1_Y1 Phone: fall. 2g1 . 4-410 Email: prvii (-melt SIN be) I. nL (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Form 003000-6 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid—E13035 REV 10-14-2014 00 30 01 BID FORM EXHIBIT A 00 30 01 BID FORM EXHIBIT A Project Name: Cefe F. Valenzuela Landfill Disposal Sectors 1B & 1C Construction - Re-Bid Project Number: E13035 Owner: City of Corpus Christi Bidder: LD Kemp Excavating, Inc OAR: Designer: CP&Y, Inc. Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $ 129,000.00 $ 129,000.00 Complete Excavation of Sector 1B & 1C. Complete and A2 in place per CY CY 157,000 $ 2.15 $ 337,550.00 Complete Controlled Fill of Sector 1B & 1C. Complete A3 and in place per CY CY 5,500 $ 1.00 $ 5,500.00 Provide and Install 6" diameter GW Corrugated ADS A4 Perforated Pipe & Drainage Aggregate. Complete and in LF 3,200 $ 17.50 $ 56,000.00 place per LF Provide and Install 14" diameter DR 17 HDPE A5 Groundwater Sump Riser Pipe LS 1 $ 6,019.00 $ 6,019.00 Provide and Install 4" diameter HDPE Ground Water A6 Force Main LF 2,500 $ 7.00 $ 17,500.00 Provide and Install Ground Water Sump, Drainage A7 Aggregate, Geotextile Fabric, Concrete Pad, and Piping LS 1 $ 11,055.00 $ 11,055.00 Appurtenances A8 Compacted Clay Liner installation in Sector 1B and 1C CY 66,000 $ 2.92 $ 192,720.00 Provide and Install 12" diameter LCS HDPE Perforated A9 Pipe, Geotextile Fabric & Drainage Aggregate LF 5,500 $ 65.00 $ 357,500.00 Provide and Install 12" diameter LCS HDPE Cleanout A10 Riser EA 8 $ 2,720.00 $ 21,760.00 Provide and Install 18" diameter HDPE LCS Sump Riser All Pipe at Sump LS 1 $ 8,000.00 $ 8,000.00 Provide and Install 4" HDPE LCS Force main and trench, Al2 hook-up from Sump 1A-2 LF 650 $ 12.50 $ 8,125.00 Bid Form Exhibit A Page 1 of 3 Cefe F. Valenzuela Landfill Disposal Sectors 1B & 1C Construction - Re-Bid -E13035 ark/In-IA-7n 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Leachate Collection Sump Installation, Discharge A13 Valving, Drainage Aggregate, Reinforced Concrete LS 1 $ 20,400.00 $ 20,400.00 Headwall, and Piping Appurtenances Provide and Install Reinforced Concrete LCS Cleanout A14 Headwalls and Appurtenances EA 5 $ 5,400.00 $ 27,000.00 Hauling,Spreading, and Placement of 2' Protective Soil A15 Cover in Sectors 16 & 1C CY 66,000 $ 2.84 $ 187,440.00 60 Mil Textured HDPE Geomembrane Liner Installation A16 in Sectors 1B & 1C SY 95,400 $ 5.36 $ 511,344.00 A17 Geocomposite Installation in Sector 1B & 1C SY 95,400 $ 4.68 $ 446,472.00 Construct 3100 LF of Perimeter Drainage Swale and A18 Drainage Pond LS 1 $ 13,510.00 $ 13,510.00 Construct Stormwater Drop Inlet, RCP Conveyance to A19 Stormwater Pond, and Headwall EA 2 $ 30,580.00 $ 61,160.00 A20 Stormwater Pollution Prevention Plan LS 1 $ 4,500.00 $ 4,500.00 A21 Trench Safety LF 165 $ 2.20 $ 363.00 A22 Provide and Install 480V, 3 Phase, 2" Diameter Conduit LF 1,000 & Wire $ 22.70 $ 22,700.00 Leachate and Groundwater pump, control panel, wiring A23 and instrumentation with installation, hook-up and LS 1 $ 43,800.00 $ 43,800.00 start-up. Complete and in place per LS. A24 Fenceline at Drop Inlet Headwalls LF 140 $ 30.10 $ 4,214.00 SUBTOTAL PART A-GENERAL(Items Al thru A23) $ 2,493,632.00 Part I-ADDITIVE ALTERNATE NO. 1 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Construct Reinforced Concrete Stilling Basin and TxDOT 11 Std. Multiple Box Culvert LS 1 $ 130,600.00 $ 130,600.00 Provide and Install 6-ft x 3-ft Precast Concrete Box 12 Culverts LF 1,080 $ 360.00 $ 388,800.00 Provide and Install 6-ft x 3-ft Precast High-Strength 13 Concrete Box Culverts & 6-in. concrete cover LF 675 $ 480.00 $ 324,000.00 Construct Rock-Filled Gabion Retaining Wall at Box 14 Culvert Outfall LF 117 $ 217.00 $ 25,389.00 Provide and Install Drainage Pond No. 1 Grouted Rip 15 Ra p SY 105 $ 156.00 $ 16,380.00 Bid Form Exhibit A Page 2 of 3 Cefe F.Valenzuela Landfill Disposal Sectors 1B & 1C Construction - Re-Bid -E13035 REV 10-14-2014 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Provide and Install Drainage Pond No. 1 Turf 16 Reinforcement Mat SY 1,022 $ 11.00 $ 11,242.00 17 3" Asphaltic Pavement Replacement SY 220 $ 87.00 $ 19,140.00 H 18 Landfill Equipment Crossing Fence LF 360 $ 27.80 $ 10,008.00 19 Remove and replace litter fence for construction LS 1 $ 6,730.00 $ 6,730.00 SUBTOTAL PART I-ADDITIVE ALTERNATE NO. 1(I1 THRU 19) $ 932,289.00 BID SUMMARY SUBTOTAL PART A- GENERAL(Items Al thru A23) $ 2,493,632.00 (TOTAL PROJECT BASE BID (PART A) I $ 2,493,632.00 !SUBTOTAL PART I -ADDITIVE ALTERNATE NO. 1 (Items 11 thru 19) $ 932,289.00 ITOTAL PROJECT ADDITIVE ALTERNATE NO. 1 (PART I) I $ 932,289.00 Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completion in 300 days Bid Form Exhibit A Page 3 of 3 Cefe F. Valenzuela Landfill Disposal Sectors 1B & 1C Construction - Re-Bid -E13035 REV 1044-2014 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of )SI Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: L b Ke, • F XCAv. ii-�q Inn (typertdr printed) By: (signat a--attach evidence of authority to sign) Name: 1.11 i ILe 'hraC (typed or printed) Title: Vice Presider' Business address: 54Dq i - l-on E-I;9hway J 4. vJ0r+-h Phone: 811 • 2FyL-_4410 Email: pmik r hrAC k.@ END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Cefe F.Valenzuela Landfill Disposal Sectors 1B&1C Construction—Re-Bid-E13035 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local r governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 L-17/\Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. N/ P Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes / No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes / No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes A No D. Describe each employment or business relationship with the local government officer named in this section. LI 1/1' 15 Signature of person do` • business with the governmental entity Date ,) Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all'persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LID V_eMp t✓XCAVOi-inG, P.O.BOX: J1 STREET ADDRESS: 54001 ncr Dri N iCyhWay CITY: F+- worth ZIP: 1 i ) - FIRM IS: 1. Corporation 2. J Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee / A- 4. -4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Consultant /P FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: ice Pr-i SI (Type or Print) Signat Person:re of Certifying Date: i 1 , 1 � DEF, I IONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service,including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Cefe F.Valenzuela Landfill Disposal Sector Sectors 1B&1C Construction—Re-Bid E13035 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for sp6cial consideration in the letting of a contract. Company Name: L IT IL.c EX , V()J-j nq i nC • (typed or printed) By: (signal re--attach evidence of authority to sign) Name: 1%.c a>• ul ru.� (typed or printed) Title: \/ i Et Pre S►den+ Business address: 540 CI 7en4nn (ai9hway F .. W Drfk, T)( 1 lJ L'2,1 Phone: An• asi • 441D Email: pMikcboa(, .Sv.lbe1I nef. END OF SECTION Non-Collusion Certification 00 30 06-1 Cefe F.Valenzuela Landfill Disposal Sectors 113&1C Construction—Re-Bid-E13035 11-25-2013 CERTIFICATE OF CORPORATE RESOLUTION DATE: March 8,2000. CORPORATION: L.D.Kemp Excavating,Inc. PRESIDENT: L.D.Kemp. VICE PRESIDENT: Mike Brackney SECRETARY: Laticia Cloud. ASSISTANT SECRETARY:Robert Kocher. Date of Meeting of Board of Directors: January 11,2000. The undersigned officer of the corporation, certifies the following facts: 1. The corporation is organized and operating under the laws of Texas, is qualified to do business here, and is in good standing. 2. No proceedings for forfeiture of the certificate of incorporation or for voluntary or involuntary dissolution of the corporation are pending. 3. Neither the articles of incorporation nor bylaws of the corporation limit the power of the Board of Directors to pass the resolution below. 4. The President, Secretary, and other corporate officers are the persons authorized to make and sign this resolution. 5. The undersigned is the Secretary of the corporation and as such, keeps the records and minutes of the proceedings of the Board of Directors of the corporation, and the resolution below is an accurate reproduction of the one made in those proceedings; it has not been altered, amended,rescinded, or repealed;and it is now in effect. 6. The resolution below was legally adopted by the Board of Directors: RESOLVED, that L. D.Kemp,President,Mike Brackney,Vice-President, and Robert Kocher,Assistant Secretary,or any one of them,is authorized and empowered to executed Deeds,Notes,Mortgages,Deeds of Trust,Financing Statements,Security Agreements,Bids,Contracts,Leases and any and all other documents for and on behalf of the corporation upon such terms and conditions as such officer may deem appropriate. L.D.KEMP EXCAVATING,INC. By:( 1� C LClc-. ee ka- L Laticia Cloud, Secretary 10 4tioa60 5109 Oertov {rv�,, /t A04 7x' 76148 Landfill Industry and Excavation Projects To Whom It Might Concern LD Kemp Excavating Inc.(contractor)certifies that the listed projects below have been completed under ownership of all equipment furnished and supervisory personnel. LD Kemp Excavating Inc.was acting as the General Contractor on these jobs. 1)City of Waco Waco,Tx Charles Dowdell 254 750 8060 $1,806,982.00 CeIl/Rock CrushingSupr.Oscar Beltran Landfill Construction 2)NTWD McKinney,Tx Bill Stafford 972 442 5409 $3,523,032.00 Cap/Seeding Supr.Hennino Beltran Landfill closure 3)City of Dallas(UCOW) Dallas,Tx Than Nguyen 214 948 4022 $5,828,221.54 Wetlands Remediation Suprv.Hermino Beltran 3)Twin Oaks landfill College Station,Tx Samatha Best 979 764 3878 $745,432.46 Cell/Liner construction Suprv.Oscar Beltran Landfill Construction 4)City of Garland Rowlett,Tx Lonnie Banks 214 202 2382 $4,434,212.00 Cell/Liner construction Suprv.Hermino Beltran Landfill Construction 5)Abilene Environmental Abilene,Tx Roy Knowles 325 668 8327 $1,462,000 Ce11/Liner construction Suprv.Oscar Beltran Landfill Construction 6)Suez Energy Wise County Power Oscar Rich 940 374 9925 $900,000 Retention Pond/Liner Suprv.Hermino Beltran 7)Caliche Canyon Lubbock,Tx Holley Holder 806 473 3514 $1,169,041 Cell/Liner construction Suprv.Hermino Beltran Landfill Construction 8)Travis County Austin,Tx Keith Coburn 512 656 6700 $1,200,000 Remediation landfill Suprv.Oscar Beltran Cap&Repair 9)City of Amarillo Amarillo,Tx David Friels 806 378 9338 $719,763.97 Cell/Liner construction Suprv.Oscar Beltran Landfill Construction 10)IESI Buffalo Creek Iowa Park,Tx Joe Vieceli 817-632-4000 $346,000.00 Cell Suprv.Oscar Beltran 00 61 13 PERFORMANCE BOND BOND NO.: 585206584 Contractor as Principal Surety Name: L.D. Kemp Excavating, Inc. Name: Liberty Mutual Insurance Company Mailing address(principal place of business): Mailing address (principal place of business): 5409 Denton Highway 8350 N. Central Expressway, Ste. 850 Fort Worth,TX 76137 Dallas, TX 75206 Physical address(principal place of business): Owner 8350 N. Central Expressway, Ste. 850 Name: City of Corpus Christi,Texas Dallas, TX 75206 Mailing address (principal place of business): Capital Programs (Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Massachusetts Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: #E13035 Cefe F. Valenzuela Landfill Disposal Sectors 1B& 1C Telephone (main number): Construction-ReBid 800-365-$065 Telephone (for notice of claim): 800-365-6065 Local Agent for Surety Name: Time Insurance Agency Approved Date of Contract: Address: 1405 E. Riverside Dr March 24, 2015 Austin, TX 78741 Contract Price: $ 3,425,921.00 Telephone: 512-447-7773 Bond Email: bonds@timeinsurance.com Date of Bond: March 26, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13- 1 Cefe F.Valenzuela Landfill#E13035 ReBid 11-25-2013 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as rinci L.D.Ke a Inc.'n , Surety Libert, Mutual In rance Company Signature: Signature: Name: Ales 14 e Name: JohW. SchulerTitle: (Jr<o a Title: Attorney-in-Fact Email Addresstp likehi f s,04a,{,1, Email Address: bonds@timeihsurence.com •And' (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Cefe F.Valenzuela Landfill#E13035 ReBid 11-25-2013 00 61 16 PAYMENT BOND BOND NO.: 58S206584 Contractor as Principal Surety Name: L.D. Kemp Excavating, Inc. Name: Liberty Mutual Insurance Company Mailing address (principal place of business): Mailing address(principal place of business): 5409 Denton Highway 8350 N. Central Expressway, Ste. 850 Fort Worth,TX 76137 Dallas, TX 75206 Physical address(principal place of business): Owner 8350 N. Central Expressway, Ste. 850 Name: City of Corpus Christi,Texas Dallas, TX 75206 Mailing address(principal place of business): Capital Programs (Engineering Services) Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of:Massachusetts Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Contract Project name and number: #E13035 Cefe F. Valenzuela Landfill Disposal Sectors 1B& 1C Telephone (main number): Construction-ReBid 800-365-6065 Telephone (for notice of claim): 800-365-6065 Local Agent for Surety Name: Time Insurance Agency Approved Date of Contract: Address: 1405 E. Riverside Drive March 24,2015 Austin, TX 78741 Contract Price: $3,425,921.00 Telephone: 512-447-7773 Bond Email: bonds@timeinsurance.com Date of Bond: March 26, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16- 1 Cefe F.Valenzuela Landfill#E13035 ReBid 11-25-2013 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provision of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in ueces County, Texas for any legal action. Contractor as rincipa .D.Kem- ca'I_, Inc. Surety Liberty utual InsuranceComany Signature: Signature: d ••_ ����`-- — Name: ilor', ' Name: John Schuler Title: RIIIMPFIHA Title: Attorney-in-Fact Email Address: ' Li. Email Address: bonds@timeinsurance.com • N (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 11-25-2013 Cefe F.Valenzuela Landfill#E13035 ReBid • • Ve Liberty 1i Mutual Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 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: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(c�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company 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 information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6607344 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts.and West American Insurance Company , is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name.constitute and appoint, John W. Schuler; Lanny W. Land; Steven W. Dobson;Walter E. Benson,Jr. all of the city of Austin ,state of TX each individually if there be more than one named.its true and lawful attorney-in-fact to make,execute.seal.acknowledge and deliver.for and on its behalf as surety and as its act and deed.any and all undertakings.bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. . IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of June , 2014 . 5, American Fire and Casualty Company -a The Ohio Casualty Insurance Company to { Liberty Mutual Insurance Company vs 19r; WestAmerican Insurance Company = cria) 4 �7la ter, By: >. .5 David M.Care ,Assistant Secretary c STATE OF PENNSYLVANIA ss as co 4-7 u- COUNTY OF MONTGOMERY _ C tipt On this 12th day of June , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and 13 I- CJ y Casualty Company,Liberty Mutual Insurance Company.The Ohio Casualty Insurance Company.and West American Insurance Company,and that he.as such.being authorized so to do. W p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.To L y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania,on the day and year first above written. O a '� ^ , 'T :Ws3t {�+�3rxcr> r Y �. >ehiz,,. Q M g15 BJ � a 3 difti ��r/u�p�, /�j�Q'.�� z" O 4 co O 0) . yrs Teresa Pasteila,Notary Public 3 c 0 tz This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company.The Ohio Casualty Insurance co 0 y; Company.Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: m nco ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 0 4; to such limitation as the Chairman or the President may prescribe.shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make.execute.seal, y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so i0 a> 8 L executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >c ,a >+ the provisions of this article may be revoked at any time by the Board.the Chairman.the President or by the officer or officers granting such power or authority. tat r N To = ARTICLE XIII-Execution of Contracts-SECTION 5.Surety 3onds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president. E 0? > � and subject to such limitations as the chairman or the president may prescribe.shall appoint such attorneys-in-fact.as may be necessary to act in behalf of the Company to make.execute, M O 0 seal,acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their Cao Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so g e executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0, I-Certificate of Designation-The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and all undertakings.bonds.recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company.wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds.shall be valid and binding upon the Company with the same force and effect as though manually affixed. I.Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company.and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies.is in full force and effect and has not been ravoked. -\\,- IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of MAC1 20�� 7::' , , Is-'-‘',.4,0.: ri- '-"--,'?.' ' --4,...."iv- . ' 'pr-,—::;:-: ::""' .....0.' '.."4-N ,1 A..‘..,.., „.# ` , ,..„ 7 - ---;:i - / i ff ,, - -',' to ----.- ; Gregory W.Davenport,Assistant Secretary ,4 T'`', , - .', _,. / - __„.... : . 181 of 250 LMS_12873_122013 KEMPL-2 OP ID;BT AWRD' CERTIFICATE OF LIABILITY INSURANCE DATE(/13/15lY1� 04/13115 t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. ff 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). PRODUCER 817-640-5035%NAMNEAU t Monroe &Monroe Insurance PHONE FAX Agency, Ltd. 817-640-0131 rLNNo-Esti: (NC,No): 2921 Galleria Dr., Suite 102 ADDRESS: Arlington, TX 76011 Mike Briscoe INSURER(S)AFFORDING COVERAGE NAIC* INSURER A:Rockhill Insurance Company INSURED L.D.Kemp Excavating Inc INSURERB:Texas Mutual Insurance Co. 22945 5409 Denton Hwy INSURER C:Mid-Continent Casualty Co. 23418 Haltom City,TX 76148 INSURER D:Westchester Surplus Lines INSURER E: INSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSR ADM SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN96-wi/n POLICY NUMBER (MMIDDMlYY1 IMM/DD LIMITS GENERAL LIABILITY ,�/ EACH OCCURRENCE $ 1,000,00C A X COMMERCIAL GENERAL L Anil.i I t ENVP004513-02 J 08/i1/14 08/11/15 DAMAGE TORENTED ✓ PREMISES(Ea occ,rrence; $ 50,00C CLAIMS-MADE Fin 1 OCi.L>A MED E/P;Any one Gerssn 1 $ 5,00C D X Pollution G27582965001 04/09/15 04/09/16 PERSONAL a ADV INJURY $ , 1,000,00C POLLUTIONS2M OCC/S2M G GENERAL AGGREGA-E $'� 2,000,000 _ GEAGGREGATE LIMIT APPLIES PEP V M_ PRODUCTS-COMP/OP AGG $ 2,000,00C 71 eo cY n PP rr n I oc Pollution $ 2M Occ/Aq AUTOMOBILE LIABILITY t„UR",�IrU SINE-LE_IMI, _ (Ea accident; $ — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ , NON-OWNED PROPERLY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) X UMBRELLA 'X OCCUR V EACHOCCIjRE^b_E $ e 2,000,00_C A EXCESSLIAB CLAMS-MACE ENVE004514-02 ✓ 08/11/14 08/11/15 AGGREGATE $ 2,000,00C DED I X I RETENTION $ 10000, $ WORKERS COMPENSATION / X OCY MITI JI ER AND EMPLOYERS'LIABILITY v B AM?PROPRSETORJPARTT+EREXECUflVE Y/N TSF0013087400 ,,/ 04/05/15 04/05/16 E L EACH A:CIDENT $ 1,000,00C 0-"FlCERAEMBER EXCL:JDE 0 N I A - - (Mandatory in NH) / E L DISEASE-EA EMLO'YEE $ / 1,000,000 Ityes,descnle under DnSCRIPTION OF OPERATIONS below E L DISEASE-POL,CY L'MIT $ 1,000,00C C owned edqpt 04IM56327 06/17/14 06/17/15 TIV 5,130,591 C Lsd/Rented egpt 041M56327 06/17/14 06/17/15 per item 375,00( DESCRWTION OF OPERATIONS r LOCATIONS VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project ffE13035 Cefe F.Valenzuela Landfill Disposal Secotrs 1B&IC Construction-Rebid.The General Liability policy includes a blanket additional insured and waiver of subrogation endorsement that provides additional insured and waiver of subrogation to City of Corpus Christi, respective officers,directors,members,partners,"*SEE NOTES'* CERTIFICATE HOLDER CANCELLATION CCORPUS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City rPACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9277 Corpus Christi,TX 78469 AUTHORIZED REPRESENTATIVE I O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CCORPUS KEMPL-2 PAGE 2 wsura D s NAME L.D.Kemp Excavating Inc OP ID:BT DATE 04/13/15 employees,agents,consultants,and subcontractors only when there is a written"insured contract"between the named insured and the certificate holder that requires such status.The General Liabilityolic c ntai s a special endorsementwithrimary and noncontr u ry'wording.The Workers Compensation polis includes a waiver of subrogation n orsement that provides�waiver of subrogation status to City of Cor iiis Christi res ctive officers,directors, embers partners,emplo es,agents, co sultants,and subcontractors only when there Is a n"Insured contract'between the_named insured and the certificate holder that requires su h status.Tie Umbrella olic follows form the underlying eneral Liabit Auto Liability,and Wor ers Come on li in regards to the additional insured status.The Genepral Lia ilitand- Workers nd Wi kers Comppe�nssaatt�on policy includes an endorsement providing that 30 days notice of caneeilation will be furnished to the certificate holder. pollution Liability is added by the GL policy and follows form. „..,-.weiti LDKEM-1 OP ID:J7 ACORL7” DATE(MMroD/rrYv) CERTIFICATE OF LIABILITY INSURANCE 04/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. 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). PRODUCER CONTACT PHO Time Insurance Agency,Inc. FAX East Riverside Ditto PHONE oE?nl ; AfNo): Austin,TX 78741 E-MAIL ADDRESS: ____ INSURER(S)AFFORDING COVERAGE I NAIC 0 INSURER A:Progressive Insurance CO 29203 INSURED L D Kemp Excavating,Inc. INSURER B. ._.__ I L D Kemp — 5409 Denton Hwy INSURER C: tI Fort Worth,TX 76148 INSURER 0: INSURER E: INSURER F: . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR. TYPE OF INSURANCE _._.- .. 1 B ,.._ _.._ -..-R --:(M O //rm)?-POIJCY EXP I UMITS LTR i iNSR WVD'� POLICY NUMBER (MMIOD/YYWi I(MM/DOlYYYYI i GENERAL UABIUTY 1 ' EACH OCCURRENCE S DAMAGETO"RENTE — — I COMMERCIAL GENERAL LIABILITY D PREMISES(Ea occurrence) i S— CLAIMS-MADE ; j OCCUR 1 ! MED EXP(Any one person) S ' I PERSONAL B ADV INJURY ,S I _• I GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIESPER PRODUCTS-COMP/OP AGG I S JE a POLICY 'LOC - $ / kAUTOMOBILE UABILn ,Y / COMBINED SINGLE LIMIT i j 1,!)00 00(7 _ aac6dant) S. V A 'X ANY AUTOI X X .065174496 NI 107125(2014'07125120151 BODILY INJURY(Per person) 'S TT ALL OWNED _SCHEDULED !I AUTOS __ AUTOS 1 • J i BODILY INJURY(Per acadent)I S �NON-OWNED I ! 1 PROPERTY DAMAGE I S 'X HIRED AUTOS 1 X 'AUTOS (PER ACCIDENT) C UMBRELLA LIAB _�OCCUR t EACH OCCURRENCE s i EXCESS UAB 1 I CLAIMS-MADE 1 AGGREGATE '$ DED RETENTION S S I WORKERS COMPENSATION I I 'WC STATU- OTH- AND EMPLOYERS'LIABIUTY Y/N } ) .._-LT_4RY L $� EB ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICERA(EMBER EXCLUDED? N I A I E L EACH ACCIDENT :S I DES yes. OF OPERATIONS below E L.DISEASE-POLICYLIM T I S 1 R yes describe under ! EIMITiS DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) f Re: #E13035 Cefe F. Valenzuela Landfill Disposal J Certificate Holder is named as Additional Insured with a Waiver of Subrogation as respect Automobile Liability policy. This insurance is primary and non—contributory. Thirty (30) Day Notice of Cancellation or Material Changes applies CERTIFICATE HOLDER CANCELLATION CICOR-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Dept. 1201 Leopard St AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78401 ) J ,,,,, .L ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ENVP0045i3-02 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE - Name Of Additional insured Person(s) Or Orgenizatlon(s): Locatfon(s)Of Covered Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing your work". agreed in writing in a contract or agreement,effected prior • • to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. Information required to complete thine Schedule,if not shownwillbe shown in the Declarations. A. Section ii—Who is An Insured is amended to include B Witt respect to the insurance afforded to These as an additional InsureC the persOr:(s)or additional Insureds,file fol;owing additional exGu organization(s)shown in the Schedule, but only with sions apply: respect to liability for"bodily injury", 'properly damage" This insurance does not apply to"bodily injury"or or"personal and advertising injury"caused,in whole or "property damage"occurring after: in part, by. 1. All work. including materials,pars or equip- 1. Your acts or omissions;or relent furnished In connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs)to be performed by or on behalf of in the performance of your ongoing operations for the the additional insured(s)at the location of the additional nsured(s)at trio location's)desigraied covered operations has been completed;or above. 2. That portion of"your work"out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ISO Properties, inc., 2004 Page 1 of 1 ENVP004513-02 t✓ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This andolserr errt rnedr`.ics ittsu-ancc;pro•YkJed under the fo:iowing COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART RIMAR`filtls^.NI-CO`d'1'RISUTORY -tf required by written contract or agreement. effected prior to trig date your operations for that person or organization commerce<ar:o named below. such insurance as is affoided by this poky to any additional insureds under this uoticy shalt be prim arr rsurance. and any insurance or Self-insurance :nainlatner,'hy such ac:virionol ins,rred;st S??all rot rntribu1e to the 3nsurartc of fordeo tone named insured. Ali other terr s and conditions renin unchanged. SCHEDULE Ary pe.rlont Js organiza•.:ort Tref wi:o nt you%re ticr liar riot;operatorw4on you:ind sad'riersisn:>r ii? t'i'.'.ltie r,have asrccii 11 wr tne.In a contract or asre'i.ert,etTectrd prior IQ th date yliur&per::u rr fon tb:'r1 :trsen oc...irk rinimtron i:i?r"rtrter z t.that iuch c).-.1:s'n t.r tug mimic.;rt be:sri;tt::cf ii+S.n atf;i..t:or' l lti urc i or.'. ut policy. RHIC 6048(02i12t Incudes C opy'trhtcd Materia,of Insurance Services Of`.ic , Ina. Page 1 at 1 wit its permission ENVP004513-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This ersidorsernem medifiss insurance.pirr4:ciec utttIt e forIowiug COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person...ix organization,tht is• I. An owner of reat or periionai tbrckpeity on Mini; otic perfuming operatorig,but rutty at the specific wn ti request by tt.:at person Or org:inIziton to you.and only if: a That raiz:est Ls rude prior to LIT:late your orrcratiOttS for that ptisnn or(a-flair:y.11(ton cornMeD.CC(i:and L.A Certificate of frozan:e tt:::r wipes;ha::been:ssned by yt authorized-insumnce agent or broker;or 2. A contractor On whu iidlaif you:Ire perfozming viNctatiots.hut only at the scif:4:written requts,.by that permit or organization to you.and only r rhzt rawest inadr pr:or 11w rate your ope.t.itrons tor th:::t ixun or orp.nization c.orantenced.rinti b A Ceititicate Insurat,:x th:n rue'zi leen;55::.ed 4-...ahori?ee insurir,ce agent or t-goker, WAIVER OP SUBROGATIC:r.1 If tcqutrc1 witzre coliti;lc.;or hgreetnent,we waive any right et fecOvery w May agninsiry entity that i anzwitiona,1 ir .utci oral is the`ii:chectule above per the terms cl flisencks.rSeMell N3COUSO of paymems we make 101 tnit.try or damage arising out c('your 1,VZ)E-P.'performed t.:nue5 a contract with that person or organization. AI!Met terms art-c. eonrjiti0n !tri:ilsin RI-IIC 6052(0/1/0) imie.a.Ses CopyrighIed Material of Insurance: Seryitx-s ofte, Inc Page 1 of 1 pe,rnission ENVP004513-02 THIS ENDORSEMENT CHANGES NE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF POLICY CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance under the following: COMMERCIAL GENERAL LUAB1LITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SITE SPECIFIC POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART SITE-SPECIFIC POLLUTION LEGAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART Number of Days Advance Notice: 30 days(except 10 days for non-payment of premium) In the event of a material change to this Policy or cancellation prior to the expiration date on the Declarations page,the Company will mail odor written notice to the blowing: 30-Day NOC is favor of- CITY OF CORPUS CHRISTI Au Other Terms and Conditions Rema:n Unchanged. RHIC 8069(10112) -inGS,xlnx ccor,ighted maicrwi Serv!a“Office,isle.»,U:Re;Dermirrion Pnge i of I PROGRESSIVE WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Business Auto Coverage Form Motor Truck Cargo Legal Liability Coverage Form Commercial General Liability Coverage Form We agree to waive any and all subrogation claims against the person or organization designated below except for losses that are due in whole or part to the negligence or errors and omissions of the designated person or organization. CITY OF CORPUS CHRISTI ' ts5 4917 HOLLY ROAD BUILDING 5/ A,cJIJJ 0 CORPUS CHRISTI,TX 78411 y♦ ,' / ;t �R This endorsement applies to Policy Number:065174496 Issued to: LD KEMP EXCAVATING INC. V Endorsement Effective: 3/27/2015 Expiration: 7/25/2015 All other terms, limits and provisions of this policy remain unchanged. Form 8610 Tx(05/09( flECEIVEfl APR 072015 BY: TIME INS AGCY INC PROOREll/1/E' 1405 E RIVERSIDE DR AUSTIN,TX 78741 Policy number: 06517449-6 Underwritten by: Progressive County Mutual Ins Co Insured:ID KEMP EXCAVATING INC. LD KEMP EXCAVATING INC. March 28,2015 5409 DENiON HIGHWAY Policy Period:Jul 25,2014-Jul 25,2015 FORT WORTH,TX 76148 Mailing Address Progressive County Mutual Ins Co PO Box 94739 Additional insured endorsement Cleveland,OH 44101 1-800-444-4487 Name of Person or Organization 010.) For customer service,24 hours a day, 7 days a week CITY OF CORPUS CHRI_ W 494-71TmLLY ROAD CORPUS CHRIST,TX 78411 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy,but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury Not applicable Property Damage Not applicable / Combined Liability $1,000,000 each accident U" All other terms,limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:06517449-6 t Issued to(Name of Insured): LD KEMP EXCAVATING INC. Effective date of endorsement:03/27/2015 Policy expiration date:07/25/2015 Fam 1198101;04) Policy number. 06517449-6 to KEMP EXCAVATING INC. Pagel of 1 Additional Insured-Lessor(Limited Form Coverage) Except as specifically modified in this endorsement,all provisions of the Commercial Auto Policy apply. We agree with you that the insurance provided under your Commercial Auto Policy is modified as follows: A. Any leased auto designated or described on the declarations page will be considered an insured auto you own and not an insured auto you hire or borrow. With respect to an insured auto that is a leased auto,the definition of °insured'is changed to include as an insured the lessor named on the declarations page. However,the lessor is an insured only with respect to bodily injury or property damage resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents;or 3. Any person,except the lessor or any employee or agent of the lessor,operating a leased auto with the permission of any of the above. B. Loss Payable Clause 1. We will pay you and the lessor named on the declarations page for loss to a leased auto,as each party's interest may appear. 2. This insurance covers the interest of the lessor unless the loss results from a fraudulent act or ommission on your part. 3. If we make any payment to the lessor,we will obtain the lessor's rights against any other party. C. Cancellation 1. If we cancel the policy,we will mail notice to the lessor in accordance with the Cancellation and Nonrenewal Endorsement of this policy. 2. If you cancel the policy,we will mai`notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional definition As used in this endorsement: "Leased auto"means an auto leased to you for one year or more,including any substitute or replacement auto,under a leasing agreement that requires you to provide direct primary insurance for the lessor. ALL OTHER TERMS,LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Form Z529 TX O3.07) Policy number: 06617449-6 Page 2of2 We will endeavor to provide 30 days notice of cancellation to the certificate holder,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. Certificate number 10415MHE449 Please be advised that additional insureds and loss payees will be notified in the event of a mid-temr cancellation. Farm 5241(1O102) PROORECINE4 TIME INS AGCY INC 1405 E RIVERSIDE DR AUSTIN,TX 7E041 1-512-447-7773 Policy number: 055174494 Undesvaitten by Progresive County Mutual Ins Co April 14,2015 Page 1 of 2 Certificate of Insurance Cerdlicste[folder toured Aged Additional Insured LD KEMP EXCAVATING INC. TIME INS AGCY INC CITY OF CORPUS CHRISTI 5409 DENTON HIGHWAY 1405 E RIVERSIDE DR CAPITAL PROGRAMS FORT WORTH,TX 76148 AUSTIN,TX 78741 4917 HOLLY ROAD,BLDG.5 CORPUS CHRISTI,TX 78411 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the polides listed below. The coverages afforded by the polides listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. Policy Effective Date: Jul 25,2014 Policy Expiration Date: Jul 25,2015 Imam owentge(s) Is Bodily Injury/Property Damage $1,000,000 Combined Single Limit Uninsured/Underinsured Motorist $50,000100,000 Uninsured Motorist Property Damage $25,000 wi$zso Ded Employers Non-Owned Auto BIPD $1,000,000 Combined Single Limit Hired Auto Bodily Injury/Properly Damage $1,000,000 Combined Single Limit Description of Locadon/Vehides/Special Items Scheduled autos only 2003 FORD F550 SUPER DUTY 1FDAF56F93EA58350 Personal Injury Protection $2,500 Comprehensive $500 Ded Collision $500 Ded 1999 Cti TRAILER 44ZCS6816XT010916 Comprehensive $500 Ded Collision $500 Ded 2007 CARGO MATE TRAILER 49TCB2271085789 Comprehensive $500 Ded Collision $500 Ded 2011 HAUL MARC TRAILER 16HCB1211CT021890 Comprehensive $500 Ded Collis/on $500 Ded 1998 GMC 7H4 1GDM7H1JOWJ502170 Personal Injury Protection $2,500 Comprehensive $500 Ded Collision $500 Ded WORKERLIAS'COMPENSATfONBILITYINSufRANCE POAND EMPLOYERSLICY TexasMutua,r Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI , TX 78469-9277 This endorsement changes the policy to which if is attached effective on the inception date of the policy unless a different date is indicated below (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement.effective on Apr i I 7 , 2015 J at 12.01 A.M.standard time,forms a part of Policy No. TSF-0013087400 20150405 of the Texas Mutual Insurance Company Issued to 1.0 KEMP EXCAVAT 1 NG INC Endorsement No. 1 Premium S 0.00 144/1‘ .. NCCI Carrier Code 29939 Authorized Representative .. WC420601(ED.1-94) INSUREDS COPY WASENDRS 4-07-2015 xas' ® WORKERSLIABILITY'COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO/RECOVER FROM OTHERS ENDORSEMENT V This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be_ 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4.Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement Is issued subsequent to preparation of the porky.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0013087400 20150405 of the Texas Mutual Insurance Company Issued to LD KEMP EXCAVATING INC V Endorsement No. Premium$ 444.12 se --t5144-- . NCCI Carrier Code 29939 Authorized Representative WC4203048(ED.6-01.2014) AGENT'S COPY QUSER 3-31-2015