HomeMy WebLinkAboutC2007-396 - 11/20/2007 - Approved2007 -396
11/20/07
M2007-299
Nuway International, Inc.
S P E C I A P R V S I ... ..,
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D BONDS
F O R
WEST GUTH PARK TRAIL
THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT
WHICH WAS COMPETITIVELY PRICED UNDER
RFP 2007-1
FOR
PARKS & RECREATIONS DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826-3464
Fax: 361/826 -3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY F CORPUS CHRISTI, TEXAS
Phone: 361/826-3500
Fax: 361/826-3501
PROJECT NO
DRAWING NO: SK 1
S C I R V I S I N S
S P E C I F I C A T I O N S
AND
FORMS F C O N T R A C T S A N D BONDS
F O R
WEST GUTH PARK TRAIL
THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT
WHICH WAS COMPETITIVELY PR I C D UNDER
RFP 2007 -1
FOR
PARKS & RECREATIONS DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3464
Fax: 361/826 -3864
AND
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/826 -3500
Fax: 361/826-3501
L.,OJECT NO: 33 55
DFA INGN : SK 1
(Revised 7/5/00)
WEST GUTH PARK TRAIL
Table of Contents
•
et
(NOT USED)
NOTICE TO CONTRACTORS RS - A (Revised May 2006)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A-3
A-4
A -5
A- 6
A- 7
(NOT USED)
Description of Project
Method of Award
Items
Time of Completion /Liquidated Damages
Workers Compensation Insurance Coverage
(NOT USED)
(NOT USED)
A--10 Wage Rates (Revised 7/5/00)
A -11 Cooperation with Public Agencies (Revised 7/5/00)
A-12 Maintenance of Services
A-13 Area Access and Traffic Control
A-I4 Construction Equipment Spillage and Tracking
15 Excavation a (NOT USED)
A-16 Disposal Salvage of Materials
A -17 Field Off4:ce
A -18 Schedule and Sequence of Construction
A -19 Construction Project Layout and Control
A-20 Testing and Certification
A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A -24 Surety Bonds
A-25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98
A-26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
A-28 Conoider t ' (NOT USED)
A -29 Contractor's Field Administration Staff
A-30 Amended "Consideration o f Contract" Requirements
A-31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A +'tee itions o+ f Work—(NOT USED)
A 34 L + d c o - n t ac t Doeu .4 T
USED)
? '* ' t r F ilIti z 5p e.: uegulrex -s— (NOT USED)
A-36 Other Submittals (Revised 9/18/00)
(NOT USED)
A-38
(NOT USED)
Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
A-40 Amendment to Section B-8-6: Partial Estimates
A 41 Ozone -A (NOT USED)
A-42 OSHA Rules & Regulations
(NOT USED)
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
A-45 As-Built Di t n io and Drawings (7/5/00)
A,46 Dispo al of-Highly-Chlorinated water- 4 /00) NOT USED)
(NOT USED)
A -48 Overhead Electrical Wires (7/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
LIST-GP-DRAWINGS
NOTICE
AGREEMENT
PERFORMANCE BOND
PAYMENT BOND
DISCLOSURE S TAT EIENT
(NOT USED)
(NOT USED
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised May, 2006
A Certificate of Insurance indicating proof of coverage in the following amounts
is required:
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates PER OCCURRENCE AGGREGATE
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILIT - -OWNED NON - -OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH TT OF
THIS EXHIBIT
$100,000
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden Se accidental
discharge; to include long-term
environmental impact for the disposal of
contaminants
BUILDERS' RISK
INSTALLATION FLOATER
1,000,000 COMBINED SINGLE LIMIT
$2,000,000 COMBINED SINGLE LIMIT
❑ REQUIRED
L NOT REQUIRED
See Section B-6-11 and Supplemental
Insurance Requirements
ments
O REQUIRED
• NOT REQUIRED
$100,000 Combined Single Limit
See Section B-6-11 and Supplemental
Insurance Requirements
O REQUIRED
C NOT REQUIRED
Page 1 of 2
0 The City of Corpus Christi rust be named as an additional insured on all coverages
except worker's compensation liability coverage.
D The name of the Project must be listed under "description of operations" on each
certifi
NOTICE TO CONTRACTORS - B
Title 28. D
Part
Chapter 110. REQUIRED NOTICES OF COVERAGE
Subchapter B. EMPLOYER NOTICES
§ 110.110 Reporcincz
Requirements ildin or Ccnstrrion Projects for Governmental
Entities
• when used � have following �, unless
following words and terms, i en used this rule,
The ,� .• - � din this rule shall have meaning defined the contest
clearly indicates otherwise. `,..�� not e�
the Texas Labor Code, if so defined,
(1) Certificate of (cec.ate-A copy of a cer*.ifice of Lasurance, a certificate of authority
r � workers' compensation cover.e areeer�t (TWCC-S 1 ,
= insure :sue by the ��ss�on, � ror�e.s
to seif-insure
' -83, or cC s:how statutory to w comp ensation atlon inra►ce coverage
for the person's or entity's s exp�oe. . c��.. those subject to a coverage rent ) providin
services on a project, for the duration of the project.
(2) Building or construction—Has the meaning. defined in
the Texas abo Code, § 406.096(0(1).
. .. construction project by a governmental
(3) Contractor
—A person bidding for r awarded a budding or
entity.
coverage—Workers' compensation insurance meeting
the attory requirements of the Texas
Labor Code, § 401.011(44)
(5) CCoverage aree n — written a- eri t on form r
c
. ! forte TWCC-8# form vcc-s3,
or form TWCC-84, � wed with the Texas 'ors' Compensation Cmmission which
stab
lish
relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant
to
the Code, Chapter 406, Subchapters ard G, as one of employer/employee and
' ' workers' cony ens�aion coverage persons
dishes who will be responsible for providing
providing service on the project.
(6) Duration of the project—Includes the time from the be nnin of
work or the project until the
work on the project has been completed anti accepted by the governmental entity.
.�
("subcontractOr" *�- � `he A�� tie ... . persons riot se. ��c�s � cro includes a� persons cr
` eons and (i) of this section include err ...coed under sups � the project,
exception of .
• services the contractor has undertaken to perform on entities eor�n all or pan of the se with nrdles of whether
p
whether that person conraZe directly with the contractor and r subcontractors.
rardlss of ,bt�ier - e:��er� contractors,
p - i � � ted to index
er�lo�rees. �s �c�des o�.t � got �� � yes off'
that prsor� �.,.. � _ �o�r� o �� eb en, or �
leasir� companies, motor carriers, over operators* employees �, � � includes but � not !lamed
• • • r s :vices on the project. ervice inclu e
a+�: :�t�t ::,�sr�n ton t p: o
NOTICE TO CONTRACTORS
j' . www - mu t c. 11 � I i 11 ,11 . t� Page of /
•
j
F
Paee
i.. + A ■ . ; . : cl
to hauling, Or deilvering equipment or ma :eriai . or providing labor, tr i a:. n.. or othc.
service reia ec. to a project. 'Services" does not -:h::ce activities . c. r . z:Icn as
food'b veraze vendors, o ce supply deliveries, ai.c delivery or portable toilets.
Project—indudes the pro ision of all services related to a building or construction contract for a
gover mer : i entity.
Pro‘idiri2 or causing to be provided a cert ca ;e of coverage pursuant to this rule is a
„tatic., by e that all employees of the insured who are providing services on the
repree...�.��. :: �v the �u.r..�.
project are covered by workers' compensation cove: age, that the coverage is based on pro er
J of � . _ ,�t '� coverage reen�nt have been fled
with the re ort�n of c ass cation codes and payroll amounts, and that ai. �.
rot riate insurance carrier or, in the case of a set`insured, with the commission's Division
of
�' S exi-Insur ~ice Regulation. Providing raise or misleading cerrcates of coverage, or faau:ng to
provide or maintain required coverage, or failing to report any change that materially affaffects e
provision of coverage
may rubject the contractor or other person providing services on the project to
administrative cenalties, criminal penalties, civil penalties, or other civil action.
(c) Mme taI entity that enters into a building or construction contract on a project shall:
' specifications, all the provisions of paragraph of thi
Page 3 of
:1) A contractor shall:
f,i) provide coverage for its empicyees providing services on a project, f: the duration of the project
rased on roe: repot s of classic: gall codes and pa roil amounts and Ong of any coverage
P
a eerents;
: .. provide ' ' a certificate of coverage showing r r er ' c m r ion cove:a a to the governmental
entity prior to beginain2 work on the project;
` a new certificate of
(3) rovi a the ove�ental ent t , pior to the end of the coverage peri . ,� � � ,. shown or. the contractor's current
coverage showing extension of coverage, if the coverage period ho
:,°r dficate of coverage ends during the duration of the project;
• providing services on project, and provide to the governmental entity:
obtain from each person p ,� p
a certificate o coverage, p rior to that person beginning work on the project, so the governmental
� e on
e • will file certificates of coverage showing coverage for all persons providing serve
entity � have on �
the project; and
after receipt the contractor, a new certificate o coverage showing
(B) no later than seven days ,.. *� �- ends during
the duration of the project;
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
• writing certified mail or personal delivery, within ten days after
notify the governmental entity by .�. . .
have n of any change that materially affects the provision of
the contractor knew or should a � � g
coverage of any p erson providing services on the project;
(7) post a notice on each project s ite informing p ersons providing services on the project that they
failure to
vet and stating how a person may verify current coverage and report
a. required to be covered, * the Act or other
notice does not satisfy other posting requirements imposed by
provide coverage. This no �
p rules. This notice must be printed with a tale in at least 30 point bold type and text in at
language common
and s� be both English and Spanish and any other gu
�� 19 point morn type, ed the
to the worker population.
The text for the notices shall be the following team proved
commission ion on the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
• woridng on site or providing services related this
"The I� requires that each person ring
construction covered toners' compensation insurance. � includes persons
project must be co .. nation or other
providing, hauling, or delivering equipment or materials, or providing labor or transportation ,�
service antity o thew employer er or status as an ernployee.
r� related to the project, rcard�ess o t rt p
"Call the Texas Workers' Compensation Commission at 512-440-3789 d receive inform
ation on the
le2a1 requirement for average, to verify whether your employer has provided the required coverage
,
or to report an employees failure to provide coverage.'
http://www.sos.state.rx.usitaci28/EU110/B/110.110.htmi
NOTICE 70 CONTRACTORS - 8
Revised sed 13 9e 1
Page 4 of 7
cage 4 of
2S TAC 110.110
ccntracruaily require ezch versor. with whom it conu-acts :cr. provide services on a ;roject to:
provide coverage � � on proper r tn f l .. �
a and payroll : 3I[S and filina
of any coverage agreements r a:: of its employees provio. na serTices on the pro je. . for the duration
of the project;
• .* of coverage to the contractor prior to person
� pro�ae c�,rtc�.�� c� .
project;
• - the aye in subsection (e)(3) of this
to provide services cn the project t� a lang la
(C) include all contracts �o pro
section.:
the period, a new certificate coverage
.. prior to the end of he coverage p .... of coverage
(D) prove the �,ontrac��.* � if � e period sic on the current certificate showing
extension of coverage, the verar �-
ends during the duration of the project;
(E) • it contracts, and provide to the contractor:
obtain orb
each other person] with whom it con
certificate of vere, prior �o e o� person beginning work on the rode; :.,,md
(ii) verase sowing extension e period, a new certificate of co the
or to the end ceras �,� certificate of coere ends during
er period shown on the current
coverage period, if � c�ree
duration of the project;
�~ duration of the poke �:d for one year
• ' _ e of coverage on Ede for the d
(J) retain � required ce� ,.scat
thereafter,
(G) notinotify the governmental entity i
in writing by certified mail ad or po a delivery, v,ithin
tee dam s
after the person lew or should ha ve known, of any change that materially affects the pro vision
coverage of any pe providing services on the project, and
rs p
ar) contractually require each other person so n with whom it contracts, to perform as
subparazraphs -(1-1) of this parazap _ with the certificate of verage to be provided to the person
n
for whom they are providing services.
(e) A � o�services on a
other than a contractor, shy:
` for the duration of the project
• t employees rovidin services on a roes of (1) provide coverage for its amounts � r coverage
• classification codes and payroll based on proper �report�r�g of c�as
agree eft
by contract to provide services cr* c project,
.. certificate of coverage as required �y its contra
(2) provide c
prior to beginning work on the project;
' project: " signing this
in contract to provide services on the p
have the following language its the person sib this
• provided a certificate o coverage, p ,
contract or roved or causing to be ~ of the person sig�g the
co p governmental entity that all employees o p were
contract � representing to the goven�
be covered workers' cornpe►t�n coverage
contract who provide services on the project will by
http-fiv.rww.sos.state.tx.usitaci28/11/1 1 1 10.1 l 0.huni
NOTICE o CONTRACTORS - B
Revised 1/131901
Page 5 cf 7
WEST GUTH PARK TRAIL
Project #3355
SECTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals /Pre -Rid Meeting (NOT USED)
4 4 ■
F ■
o1 Lcopa ..... ��
■
■ L i i ■
I f _ cjuaot d, a ol--
*- -ice _ - - -- - -- -- - -
A-2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A-3 Description of Project
This project shall include the installation of a 10'-0" wide concrete walking
trail as per attached quote dated October 10,2007 (see Attachment No. 1) ,
complete and in place for the Lump Sum price of One Hundred Forty Two
Thousand Four Hundred Seventy One and Ninety Four Cents. ($142,471.94).
A-4 Method of Award
This project was awarded VIA Job Order Contract which was competively
priced under RFP 2007-1.
A -5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
Section A - SP
(Revised 12/15/04)
Page 1 of 23
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for Buildinq Construction.
...ea. • ... Co ie = h i1 -uD '
1 nZ �i1ir +Wage Scales
The Corpus Christi City Coil has determined the general prevailing minimum hourly wage
rates for Nueces County, Texa as set out in Part C. The Contractor and any subcontractor
mist not pay less than the specified wage rates to all laborers, workmen, . n, and mechanics
employed by them in the execution of the Contract . The Contractor or subcontractor shall
forfeit sixty dollars ($60.00) per calendar day, or portion n thereof, for each laborer,
workman, or mechanic employed, if such person is paid less than the specified rates for the
classification of work performed. The Contractor and each subcontractor trust keep an
accurate record Showing the names and classifications of all laborers, workmen, and mechanics
employed by then in connection with the Project and Showing the actual wages paid to each
worker.
The Contractor will make bi-- weekly certified payroll sUbmittals to the City Engineer . The
Contractor will also Obtain dies of such certified payrolls from all subcontractors and
others working on the Project . These documents will also be submitted to the City Engineer
bi- eekl . (See section for Minority/Minority Business Enterprise Participation Policy for
additional require eats concerning the proper form and content of the payroll submittals.)
One and one -half 1M times the specified hourly wage must be paid for all hours worked in
excess of 40 hovers in any one week and for all hours worked on Sundays or holidays. (See
Section B-1-1, Definitiaa of Terns, and Section B-7-6, Working Hours.)
�11 i with Public 'es (Revised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities operating
within the limits of the Project. The Contractor shall provide a forty- eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
facility by rasing the Texas 'Excavation Safety System {Dig TES 1- 800 - 344 -8377, the Lore Star
Notification at 1- 800 - 569 -8344, and the Southwestern Bell mate Group at 1 -800 - -
51.27 . For the o ntract ' s convenience, the following telephone are listed.
City Enr
Pro ect Er i eer
`xaffic Engineering
Police ent
Water t
Wastewater Department
Gas t
Storm ate. t
Parks & ecreati t
Streets & Solid haste ervic es
EP
SBC
City Street Dior . f ` Traffic
Signal Fiber Optic Locate
Cablevisi.cn
AcSI (Fiber Optic)
EMC (Fiber optic)
hoiceOan (Fiber Optic)
CAPROCK (Fib r Optic)
880 -3500
826 -3500
880-3540
882 -1911
857 -1880 (880 -3140 after hours)
857 -1818 (880 -3140 after hours)
885 --6900 (885 --6900 after hours)
857 -1881 (880 -3140 after mss)
880 -3461
857 -1970
2 99 -4833 (693 - 9444 after hours )
881 -2511 1 -800- 824 -4424, after hours)
857 - -1946
8575000
887 -9200
813 -1124
881 - 5767
512/935 -0958
857 -1960
(857 -5060 after hours)
(Pager 800 - 724- -3624)
(Pager 888 -204 -1679)
(Pager 850 -2981)
(Mobile)
Section A - P
(Revised 12/15/04)
Page 3 f 2
Brooks Fiber optic MAIN]} 972- 753 -4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as- built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the _accuracy and completeness
of such information is not *uaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. . sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the cpproval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and rerediat ion that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and public. This
may include, but is not limited to, working driveways in half widths,
construction of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's 'gaff ..c Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A -14 Construction Equipment S it a and Tracking
The Contractor shall keep the adjoining streets free of tracked and /or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
Section A - SP
(Revised 12/15/04)
Page 4 of
clear of job-related materials . Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals (NOT USED)
of providing a good growth of grace when
fertilizer- The dirt mu '9 _e si-
All cicir. ting eonc.retc and asphalt within the Vii: i- s= __- _ _--.; oNMF5 ,,.u.�, .�
2'x11 - n a o ry r Y d c - -- ino 1u l±-n ]gut
t --___ t4 ...... -,..... ...f...r.. n direct payment-
A-16 Disposal/Salvage -of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field office (NOT USED)
Contractor must furnish -the City Engin- -
field effiec at the conotruc ion cite.
2-C6---square feet of ur3eble —s - . - - ' - - _ ' _ - •• - - - - - ' ' - - -
Jec f urniDh d w - - -i o1 in d table that - me re t
lou t 30" x 60" and two chain. --
anc cring csorvice and FAX machine
with 24-hour per day
Goparatc, pay item for the field office.
A-18 Schedule and Sequence of construction
The Contractor shall submit to the City Engineer a work plan based only on
calendar days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three (3) working days prior to the
pre-construction meeting.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to
the Pre - Construction Meeting an initial Construction Progress Schedule
for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying work of separate stages and other logically grouped
activities. Identify the first work day of each week.
Section A - SP
(Revised 12/15/04)
Page 5 of 22
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A-19 construction Project Layout and Control
The drawing° may dcp i t but not n eon - &- - _- - ' -_ - :: - -- - - -_
pectiono, mo ourement O i b _
?4cj '—aontrola -- and two --
The contractor shall furnish all lines, elopes and measurements necessary for
control of the work.
eneh mark, the :
coot to the Contractor. control pointy _ -_ - -_ _ - - : -- : _ _- _ r _ - -- _ -- - _ - :-
rroj ect ]3nginerti . Vic- xp no - -of- .
wou-1-€1—iteceooitate
The -Contractor °hall tic in or--
enisting and proposod, - f ot- n valvco and manhole° at
_ __ __ = - -- --- = - = -,= .. - _ _ - - - - - - - - -- - Ala the City or Gonoultant Projcob
peroonncl for the purpoao of aoo -i txii
The Contraiater ohall provide-
=
op- iat -ino.
•
4and-paid by the Contractor. The Third
Party f. P . L. ► . ohall bo appxov e1 8 - - - - -- — : - - : R�.,___ .. - ; +_-
dioorcpanc-ioo ohall be noted by-
Following ire the mimum ochcdulc of _m....e_ - -_d .
• All curb return° at point o
# Curb and gutter flow line bota ~ t-eigi- L interval)
• trcct caw en--a 300' interval an-t---11
Wactowat cr :
• All rim/invert cicvatieno v n_ _ e r
• All intoroe ting li-co -i
�- -'--r-,n..�. w �...�..... _ C - 1 C -- plc T _ w .� ... r. x.. B
rte::::
Water!
Section A - SP
(Revised 12/15/04)
Page 6 of 22
A All
A-20 Testing and Certification
All tests required under this item must be done by a recognized testing
laboratory selected by the City Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
(rroT USED)
' nd will be maint
n- of the signs will
the-City Engine- -:
A-22 i_ ity Min ri usiness Enterprise MstiELRaV22s2221.2y (Revised 10/98)
1. Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
Section A - SP
Revised 12/15/04)
Page 7 of 23
ow-n, operate and /or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51, of the assets or interest in the corporate
shares rust be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, crust be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51. 0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combinat ion thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25. 0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Section A - SP
(Revised 12/15/04)
Page 8 of 2
r
t
T
r
4.
in rit Participation
(Percent)
Minority Business Enterprise
Participation
r� -ens
work including
These goals are applicable to all the construction Contract,
the to be
f federal articipation performed i yment must
o �
e orders . The how`s o minorit Cor tra t and
approved change of the
' all uniform throughout the length from Contractor to
substnt�. o ees
The transfer of minority erp ale prpoe
each trade. Th the
Contractor or from project to project ,
of
Con �td-
meeting the
Contractor's percentage is prohibited.
Compliance
o� o MBE
a final breakdown hail b
a. Upon. r cot pletior of the Project, aid invoices,
substantiated copies of p e
participation,
d b the Contractor to the City Engine
submitted by �.�
submittals to the
make bi- weekly payroll of minority and
b . 'the Contractor shall percent Contractor is to indicate the p ut.l.i the
Engineer. The 1"�
by trade. which on roj et
female participation,
' th the request for final payment overall participation
Project. Along w�
r will indicate, in writing, the Cit n .x a mad
the Contractor Yxe
areas which have been ach.ered • for for fay -l'e
in these are ntrac overall
withhold monthly or final payments to the or t �'�-�
submit bi : weekl payrolls �. a timely fashion
participation information as required.
21/421 T
,x dot ion fired {r ed 7/5/00) the
ix�speetiou b a
' ssur�e the appropriate building work �-
le Ctractor
shall a
u Division at the various intex' s
�l��x Inspection ._ - _ - - -_ --
e ` ►i is fired and to assure final inspection.
p �s re�u -. - _ -_ -- . -- � -- - -_ -- -- :;;:i -_ -r- � - - .: � � - - Provisions, is heeby
- -- - _ . - - prow ' ed section - e
charges b
in Contractor must pay all fees and fees, cluq
::PdYT
'.d rx that the Contracto p �t
C i Inspection ion Department, and all other City.
Building Ir�sp fees as required � .
water rastewater meter fees and tap fee
- 4 Surat onds
Para f Section B-3-4 of the General
Paragraph two
read as follows: orn who
one Surety east who 7140 surety will ]�e accepted by the City from has an ant
bonds o
v►� in default or delinquent on any must e issued by are
ro All bonds
State in any litigation against the City. ass � the
ed curet Company authorized to box excess
approved y � an amount � s
If performance and payment bonds are it .l t s rpl
Texas. p t o the
of ten percent 1 of the Surety Company' satisfactory of
the surety Company shall provide art .f .cat - cured the portion Company has ' i- Surety
City Attorney that the Surety � of the coo
the bond amount that exceeds ten percent-, authorized to
l with re insu x bond reinsured
Cor�npany � s ca�t�. and sump the
in the State of Texas. The anon. of the
business �n percent any reinsurer may not exceed ten _ SP
by Section
(Revised
Page 9 of 22
Provisions is hanged to
— � =- ; -=- - -- •-- -_ -
■
■
■
■
s
1 - -
Section A - P
( evi a d 12/15/04)
age 16 of
r
T Taw k\ �+1 lYF .r 1 7 aw tL�Y{ �1.7.T x
A,36 other Submittals
1. Shop- Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. eprodu i les : In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
Section A - SP
(Revised 12/15/04)
Page 17 of 22
A-46 Disposal of l hly Chlorinated water (7/5/00) NOT S
- - - -- - - - - -- --- - - - - --
The- -Geck ractor ~h it be responsible for the disp s a o wafer -used for
disinfection,
and may exceed the permissible limits for discharge - into
o— o ply with the requirements-af--a-1-1--regulatory agencies in the disposal of
all water us - - -ln 'the-- methods of disposal shall be submitted to
hlor .nted v -t -nar -shall not use the City L4 sanitary sewer system
for disposal of contaminated water.
A -4_ pre-- Construction Evl Excavations (7/5/00) NOT USED
proposed - -- pipelines of the project and Contractor- shall - su t h ea
pipeline.
Z
exiting p-ipcli cs t a -- - feet 0.C.-- -and- Contractor shall surrey
300 -feet maximum o—,
indicating the Owner of pipelines excavated and su veye' gs we 1 as—the
f i i
eiev *erns -of the top of existing pipelines
report,
Exploratory o cavat.i .,, , 1.. paid for on a lump-sum- - bacis .
repair -aoso oi ted with exploratory ex avatw on Qh -1 o ; d ccerdin
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided ed for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CPO, and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
Section A - SP
(Revised 12/15/04)
Page 20 of
A-49 Amended "Maintenance Guarant r" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to enef it the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
Section A - SP
(Revised 12/15/04)
Page 21 of 22
SUBMITTAL TRANSMITTAL FORM
PROJECT: WEST GUTH PARK TRAIL; PROJECT No. 3355
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: EEC : Ron Yoder
CONTRACTOR: Nuway International, Inc.
DATE: SUBMITTAL DER:
APPLICABLE SPECIFICATION
OR DRAWING
SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 22 of 22
PART C -
FEDERAL WAGE RATES &REQUIREMENTS
S
General Decision Number: TX070063 08/31/2007 TX63
Superseded General Decision Number: TX20030063
State: Texas
Construction Type: Building
Counties: Nueces and San Patricio Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 02/09/2007
1 05/11/2007
2 05/18/2007
3 07/20/2007
4 08/31/2007
RT 00 1 -005 05/01/2007
Rates Fringes
BRICKLAYER $ 20.00 6.50
* ELE O 78 -001 08/27/2006
Rates Fringes
ELECTRICIAN 18.45 4.75 +7%
* IR NO066 -002 06/01/2007
Rates Fringes
IRONWORKER $ 17.40 5.00
* PAIN0130 --001 07/01/2005
Rates Fringes
PAINTER $ 15.15 4.42
* UT 1987 -002 03/01/1987
Rates
CARPENTER $ 9.96
Cement Mason /Finisher $ 12.50
LABORER: Mason Tender $ 7.14
LABORER 5.85
Plumbers and Pipe fitters
(Including HVAC) 10.05
httn://www.wciagoviwdoliscafilesidavisbacon/TX63.dvb
Fringes
rage 1 ix
10/12/2007
rage 2, or .
Power equipment operators:
Backhoe 7.8
ROOFER, Including Built Up,
Composition and Single Ply 9.20
TRUCK DRIVER 7.5
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERmINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter This can
be:
• an existing published wage determination
• a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
on survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis- -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
htt ; w . dol.gov dol sea ile d vis eon X 3 ,dv 10/12/2007
rage of
• review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
httv://www.wdol.goviwdoliscafilesidavisbacon/TX63.dvb 10/12/2007
A G R E E M E N T
THE STATE OF TEXAS
COUNTY F NUE E S
THIS AGREEMENT is entered into this 20TH day of NOVEMBER,
2007, by and between the CITY OF CORPUS CHRISTI of the County of
Iuece, State of Texas, acting through its duly authorized City
Manager* termed in the Contract Documents as "City," and Noway
International, Inc. termed in the Contract Documents as
"Contractor," upon these terms, performable in Nueces County,
Texas:
In consideration of the payment of $142,471.94 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
WEST GUTH PARK TRAIL
PROJECT NO.
(JOB ORDER CONTRACT: $142,471.94)
according to the attached Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in their
attached bid proposal supplying at their expense such materials,
services, labor and insurance as required by the attached Contract
Documents, including overseeing the entire job. The Contract
Documents include this Agreement, the bid proposal and
instructions, plans and specifications, including all maps, plats,
]lueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 120 CALENDAR DAYS after construction is begun. Should
Contractor default, Contractor may be liable for liquidated damages
as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST:
Cit Secretary
APPROVED AS TO ICE =' AlIVAdAt
By: � _
-
Asst. City Attorne
AT ST
1 (If Cor o t'on)
14161-0.
(Seal Below)
(Note: If Person signing for
corporation is not President,
attach copy of authorization
to sign)
‘
J 1 iIIll%t ""
CITY OF CORPUS CHRISTI
r
BY: /08/07
nge Escobar, Interim Asst. City
Mgr. of Public Works and Utilities
By:
Kevin Stowers.
Interim Director of Engineering Services
12,-2/61
CONTRACTOR
Nuwa International, Inc.
By:•
Title:
P.O. BOX 270898
(Address)
CORPUS CHRISTI, TX 78427
(City) (State) (ZIP)
361/854 -8833 * 361/854-8345
(Phone) (Fax)
Agreement
Page 2 of 2
tIte92.
trf COUNCIL ap
HILzi.
i A tsi M �#a■
HO WIT
INTEMUMMIIIAL
October 1 , 2007
Mr. Angel Escobar, P.E.
.- i lowing Services
fir. ..
r, P.E.
x•
1
•
proposal to ups e West Guth Park with concrete running trail.
'Scope of work, irefwence sketches $. -and unit price estimate.
items;
e •
sr 4
.*4ti. ,* : .
Base Bits
in, 10 4 . P. and completionr r 1'20 o :commen r nt,. ‘,4t1...
t 361 -854 -8'833 at my office call. o- y cell .at
,
i t t\en
1. Scope of work
2. RS Means Cost Proposal
3. Notes
4. Schedule of values
2621 Holly Road
Corpus Christi, Texas 78415
Office: 361.854.8833
FAX: 361.854.8345
nu a 6 be doba1,n
www.nuwaylnt rnatioral. om
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P E R F O R M A N C E B O N D
c6OACI#: AiL124574E5
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THAT TuwaL International, I n . _ hereinafter called "Principal", and &Axe lce_ , a
corporation organized under the laws of the State of_
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City ", in the penal sum of ONE HUNDRED
FORTY-TWO THOUSAND, FOUR HUNDRED SEVENTY-ONE AND
94/1000,142,471.94) DOLLARS, lawful money of the United States, to
be paid in Nueces County, Texas, for the payment of which sum well
and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 20TH of NOVEMBER , 20 07 , a copy of which is
hereto attached and made a part hereof, for the construction of:
of NUECES County, Texas,
WEST GUTH PARK TRAIL
PROJECT NO. 3355
(JOB ORDER CONTRACT :$142 , 4 7 1. 9 4
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Verrnon' s Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 co ie
h shall be deemed an original, this the each e of which
da y of Pce .
, 2001 .
PRINCIPAL
13y:
(Print Name & Title)
.2=Z?
/4-c J' J
Secret
-e (m4 J—_ act,ncc� —_
(Print Name)
STY
5i/t. 7:11/1.51AilgLAIAL&4114,
By:
At.torney-in-fact
_OP . t
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas,
delivery of notice and service of process is:
Agency: 5 5 oc.:
Contact Person:
Address:
Phone Number:
(MOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02)
Performance Bond
Page 2 of 2
for
P A Y M E N T B O N D
lif)Y\8-*P! 4'5(94570
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
THAT , w N International, Inc. of NU ES County, Texas,
hereinafter called "Principal", and
a corporation organized under the laws of the State of -..•
and dul. y authorized to do business in the State of Texas,
firmly bound unto the
hereinafter called "Surety", are held and
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of ONE
HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED SEVENTY-ONE AND
94/100 ($2.42,471.94) DOLLARS, lawful money of the United States, to
be paid in Nueces County, Texas, for the payment of which sum well
and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 20TH day NOVEMBER , 20 07 , a copy of which
is hereto attached and made a part hereof, for the construction of:
WEST GUTH PARK TRAIL
PROJECT NO .
(JOB ORDER CONTRACT : $142,471.94
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that ma y hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements f Article 5160,
Vernon's Civil Statutes of Teas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copie ,
each one of which shall be deemed an original, this the
day of De€yyjer,
PRINCIPAL
r CAI; J/Zil J "P" e
(Print Name & Title)
Secretary
(Print Name
TY
At rney- -in --fact
e LA) c.c. yyt.
(Print Name)
The Resident Agent of the Surety in NuecesCouvexas, for
delivery of o f oe and service of process is:
Agency:
Contact Person:
Address:
c put5
Phone Number: 3 (Q1 ? '� � app
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02)
Payment Bond
Page 2 of 2
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1 -866 -732 -0099. You may also write to the
Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-- 800 -252 -3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714 -9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106 1
PoA 4221025
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas,. and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint Paul G. Adam, Peter S. Batjer, Joseph P. O'Connor, Randall Saverance, Lisa W. Friend
Annelle U. Smith, Barbara Newcomb, Susan D.B. Muni z, Kari N. Wirth
of San Angelo, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys -in -Fact may do in the
premises. Said appointment shall continue in force until July_ 1, 2008 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice- President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of pr. il,
1999)
In Witness Whereof, SURETEC INSURANCE MPAN has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D.
•
State of Texas
County of arris
SS:
B.
On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his naive thereto by like order.
Mich Denny
teary k
Slate of Texas ; 11(1/i
*Commission Expires
August 27, 2008
Michelle Denny, Notary Fubfic
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 6th day of December
, 2 , A.D.
M. Brent Beaty, Assistant Se
Any instrument Issued in excess of the penalty stated above is totally void and without any validity,
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5 :00 pm CST.
Mr mg
samolorimookrow
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable* answer with "NA .
FIRST NAME: NAY International, Inc.
STREET: 2621 Holly Road CITY: corpus Christi ZIP: -78415
FIRM IS: IZ11. Corporation 02. Partnership 03. Sole Owner 04. Association 05. 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
NA
Job Title and City Department ent if known)
2. State the names of each "offidat of the City of Corpus Christi having an 'ownership interest' constituting 3% or
more of the ownership in the above named firm°.
Name
NA
Tile
3. State the names of each "board member" of the City of Corpus Christi having an *ownership interest constituting
or more of the ownership in the above named "firm".
Name
NA
Board, Commission, or Committee
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 35 or more of the
ownership in the above named "lrrn".
Name
NA
CERTIFICATE
Consultant
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 dents will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: Omer° Luna
(TYPeorPr1nt: `,
Signature of Certifying '
Title: Project l Aai a er
Date: May 17, 2007