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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Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A-25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98 A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Conoider t ' (NOT USED) A -29 Contractor's Field Administration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 X } i C CD ..I • O } OG -6d 1Si ' /OA roxsIza8r?s in I w ix.�ia+ixraor 3Uzsid I 1-1.L1--10 rkt • { °. •r N rJ 8 { } • } 41 IP - aN 1 - O a • • 1 r :141L i} FF t t 1 ciii :orb } }} 1 } $,� ( r 1 1 iit, • 1 4....../ 11 , . 1 4P, ... °1,:o I la, k � /1 F } 1ilk # 1 , t+, } i 11 } 1 F ,. } F 1 °Ls.o rr. y° 0 �t t 1. w: }} I t' # } di'. 1 F 1 • .i `: 11 /4101 '4 - 4 \ F � 1 1 .f 1 1F 1 11 1 j } I F � JF I 1 1 � •rte zI+odvr G 1 1 4 • 1 5 Jf } t } + 1 4 } • r ▪ • 0): •} F } 1 }p • }I r IF } `1 •5d 1EE • 0A NOI I iUaf S • •. 1 } • t � t � P. 1* NO a 'r.. O. 1 * + 1 ▪ 1 g• l •f' # 1 1, x. 11 *} t' .. } f s } # Uf . 0 0 ta . 7J 13 H • E • • } • ;, 1 1 � d 1 co ...•1 Al • \4 t t . . 6; i 1 a : 611 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