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Home My WebLink AboutC2008-189 - 4/15/2008 - Approved' 2008-189 M2008-099 04/15/08 S P E C I A L P R O V I S I Nuway International S P E C I F I CAT I O N S A N D FORM S O F C O N T RAC T S A N D B O N D S F O R ADA Improvements Weber Road\East Side Mcardle-Staples THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVLY PRICED UNDER RFP 2007-1 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT. xo: 6444 ~~~s ANGEL R.fSCOBAR 41205 ~ ~ °~ .~. . ~~~' S P E C I A L P R O V I S I O N S S P E C I F I CAT I O N S A N D FORM S O F C O N T RAC T S A N D B O N D S F O R ADA Improvements Weber }.toad\East Side Mcardle-Staples THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVLY PRICED UNDER RFP 2007-1 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PaoaECT xo: 6444 (Revised 6/27!99) ADA Improvements Weber Road - 2008 PROJECT NO. 6494 TABLE OF CONTENTS NOTICE TO CONTRACTORS - A Insurance Requirements (Revised May 2006) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services „___ __ __ __~ m__rF; _ .-.._},~ NOT USED A-14 Construction Equipment Spillage and Tracking r ' ~ °- - -- - ---' ^-- ---' .. NOT USED A-16 Disposal/Salvage of Materials , -~ .~, _, ~ nrr_ __ NOT USED A-18 Schedule and Sequence of Construction -- ,~ ,.---~v.-_`--- _ -,-___ NOT USED A-20 Testing and Certification "_ ^'_ ___~__`_ __-_ - NOT USED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds NO LONGER APPLICABLE 6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders Page 1 of 2 A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents ne a.. _ __ n_-. ~ d v. __ n-_._, .. T~EeC~6Si-'6aeee°e ce• NOT USED A-36 Other Submittals A-37 NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates NOT USED A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings NOT USED ~-, .,_- .._-- --~: __ r.._., - NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmittal Form PART 8 - GENERAL PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS NOTICE PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT HOND Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPB OF INSURANCB MINIMOM INSURANCB COVSRAGS 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PSR OCCDRR8NC8 / AGGR8GAT8 Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 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 e. independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TfiXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH 22 OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLfi LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Page 1 of 2 ^ The City of Corpus Christi must be named as an additional insured on .all coverages except worker's compensation liability coverage. ^ The name of the Project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of. or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have say questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORI:=R' S CO?:P='~SATION COVERAGc FOR BUILDING GR CCNSTRIICTION PROJECTS FOR GvVEec?'1MF.NT ENTITIES Texas law requi.es -that -:ost contractors, subcc:tractors, and others providing work or serv_ces for a City building cr construction prc;ec= must be covered by worker's compensation insura__^.ce, authorized self--assurance, or an approved worker's compensat_ca coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) tc provide 1 of the 3 forms of worker's compensation coverage, the Ci~y will require such coverage for all individuals providing work or ser•:ices on this Project at any time, includinc during the __ maiasceQanWith theaTexas Depart-entoof Transportation under exas Civil reg-``'- and which provide accidental .insurance Statutes Article 6675c, need coverace under Texas Civil Statutes Article 6675c, Section 4(j) not provide 1 of the 3 forms cf worker's compensation coverage. '.'he Contractor aczees t~ comply with all applicable provisions of Texas Administrative Code Title 28, Section 110•o,~ect contractf whit: zs attached and deemed incorporated -into the pr Please .^.ote that under section 110.110: 1 certain language^:.ust be included in the Contractor's Contract with the City and the ContractoSeNecesrafor wthe subcontractors and others providing Project; the. Contractor is required to submit to the City certificates of coverage for its employees and for all a ,,.,_.. ~....;.;;.,r, cervices on the Project. subcontractors a,-i~. ot..«.. r_ _ - _____~ The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3, the Contractor is required to post the required notice at the job site. By siccing this Contract, the Contractor certifies that_= will timely comp=; with these Not'_ce to Contractors "B" requirements. NOTICE( 0.eva sOea 0.1%3/98) Page 1 of 7 8/7 /yE . aec .... v i itle S. L~iSLR~.`CE Part II. TE~.4S ~S'OFiICERS' COMPENSATION CO~IVIISSIO Chapter 110. REQUIRED NOTICES OF COV~RaGE Subchapter B. EIZPLOYER NOTICES 3 110.110 Resorting Requirements for $uilding or Construction Projects for Governmental Entities (a) The followine words sad terms, when used in this rule, shall rave the following meanings, unless the context cie:rly indicates otyerwise. Te:au not defined u this n:le shall have the meaning defined in the Te.~caz Labor Code, if so defined. (1) Certific::e of coverage (ce^.ificate:-~ ccoy of a ce:-tiiicate ci ~asur..nce, a certificate of authorit}' to self=assure slued by the commissioq or a workers' compensation coverage astreeraenc (TWCC-S 1, TWCC-"o2, T~YCC-S3, or'I1'/CC-S4), showing statutory workers' compensation tttsusanrovidin~ge for the person's or entity's eatologees (inciuaing those subjee, to a coverage agreement) p S services on a project, for the duration of the project. (2) Building or construction-riaz ti:e meW^.i2a defined in the Taxers L.=bor Code, § 406A96(e)(1). (3) Contractor-A person bidding for or awarded a buildin¢ or co:ssuvction project by a governmrnt:l entity. {4) Coveraee-Workers' comnettsarion inst:rance meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5) Coverage agreemenc-?. written z~eemeat on form TWCC-S i, fora'I'WCC-S2, form i<VCC-S3, or form TWCC-84, filed with the Te~cas WorkersLCompeasatioa Cormatisnensatioa Act, Pur~~t to relationship between the patn~ 406p Stibcha very F and G, az one of employer/employee ~d the Texaz Labor Code, Chap Pt establishes who will be responsible for providtng workers' compensation coverage for persons providing services oa the project (6) Duration of the projea-Includes the titnetrom the beginning of work on the project until the work on the project has been completed ~-:d accepted by the ¢overntnental rntity. (7) Persotu providine sevices on the projea ("subconcraror" ir. g 406.096 of the Act)-« <th ~e exception of oenons excluded under subsections (h) and (i) of this section, includes all persons cr entities performing all or part of the services the contractor has undertaken to aerfotm on the projec. regardless o; whether that person contraced directly with the contractor and regardless of whether that person hss employees. This includes but is not limited to independent contractors, sub o e~of rs leasing computies, motor c~sriers, owner-operators, employees of any such,entiry, or emp Y ° anv entirv fi::aishing persons to periotat se.~vices on the projea. "Strvices" includes but is rot li.^tited _~- :~OSICE 70 CONSpAe7CR5 - v ReviaeC 1/1 7/981 S~7~OC http:ii~xwwsesstare.r...us/tac~23/II/I i0B/110.110.htm1 Page z oe ~ gage ? c: o -:^ti2is. or -ro~idir. 12bor, s~*tsocrx::oa or oche: :o p:.::c::a. r.~siine, o: eec•: enng eeutp,:.ea: or _ . _ g se:ti^ce :ect:e~ :o a projec. 'Se.•vices' does not is:c:::~e activities t:rseiated to the prole ~ -:ca as fooc•~evera_e vendors, c.:.ce supply de:iveries, ~.~ ceiiverv of portable [oilers. (8) P;eie~ -~:cludes the crc:ision of all se:vices related to a buii,:i:.2 or construction co :::act for a gover:• ~e^:=~ entity. (b) Providir., or causing to be provided a certincate of coverage pursuant to this rule is a represea~.a:ic by the insured :hat all emaioyees of the insured who are providing services cn the projec. a.-e ccvered by workers' compensation covez2e, that the coverage is based on proper reoordne of ciassificatioa codes and payroll amour ts, and that all coverage agreements rave been filed with the z~~roeriate itutuattce carrier or, in the case of aself-insured, with the commission`s Division of SeL•""-Insurance Reaulatior_ Providing false or tnisieaaing certificates of coverage, or faiiin¢ to provide or caintain required coverage, or failing to report any c:ange that materially aiiecs the provision of coverage may srbject the contractor or other person providing services on the project to adminis:.~t:ve eenalties, critainal penalties, civil pe:zities, OC OthG• Coil actions. (c) A Bove. ~eatal entity teat enters into a buildi:.~ or construc~oa contras on a projec s:-.all: (1) include in tae bid specifications, all the provisions of paragrepa (~ of this subsectio4 i:sing the laasuage required by para~apa (~ of this subseaicr4 (2) as part of s`te coarract, using the language required by para¢ranh (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain ~ cm the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coveraee: (A) before Yre end of the cur: eat coverage period, ifL'te conttaror's ettrrent certificate of coverage shows that the coverage pe::od cads during the duration of the project; and Bl no inter L'^.aa seven days aaer the expiration of t'ue coverage for each other person proviaing services oa the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain cw-tincates of coverage oa file for the duration of the project and for three years thereafter, (6) provide a copy of the cG~.ificates of coverage to the commission upon request and to any person entitled :e them by law; and (7) use tae las-~age contained in the following FigurE i for bid specifications and contraes, :tiithout any additional woras or chances, except those required to accotamoaate the specific document in which they 2~e ~Onlalned or to impose stricter standards of doca:aeatation: T28S 110.11 G(cl(7) tbl _ - NOTICE t0 CONTRACTORS - 3 Revised 1/r?/9B1 http:/hrvw sos.s:ateax.us!tac'~8![I/i I OB/110.1 l0.htn•.l page I or -+ g/7/eS :S T: .C 1 10.110 page : of 6 :) A convector sitzil: i) provide coverage for its empie~•ees proviaing services on a project, : ;::::e dtuation of the project used on proper reposing of classi ca::on coded and pa}TCiI amounts a.~,: ~: g of any coverage agreements; ;2) provide a certificam of coverage showing workers' compensation cover age to the govemmemal eariry prior to beginai^.g work on the project; .;3) provide the gove:nmental emir..', p.^•or to the end of the coverage pezcd, a new certificate of coverage showing extension of Beverage, if the coverage period shown or. • a contraaot's current ccrdficate of coverage ends during t:^.e dunrion of the project; (4) obtain from each person previding services on a proje~ and provide to tae govertunemal eatiry: (,.~) a certificate of coverage, prior to that person begmaing work on the project, so the governmental ensiry will have oa file certificates of coverage showing coverage for all persons providing services on s::e project and (i3) no later thaw seven days after receipt by the coattaaor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends durin¢ she duration of the project; (5) retain all required cetiftcaces of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity is writing by certified mail or personal delivery, within tea days after the contractor knew or should have known, of a~ change that materially aiiects the provision of coverage of any person providing services oa the project; (~ post a notice oa each project site infottaing all persons providing services on the project that thry ue reouired to be covered, and stating how a person may verify aurem ccv~e and report faiitue so nn,oirie enveraae. This notice does not satisfy other posting requireraettu imposed by the Act or other commiuion rules. This notice must be printed with a title is at least 30 point bold type and text in as least 19 point aormai type, and shall be is both Engiish and Spanish and nay other langaage common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without nay additional words or changes: REQLJI1tED WORKERS' COMPENSATION COVERAGE "The law requires that each person worldag an this site or providing servirs related to this r.onstruaion project must be covered by workers' compensation ir>stuance.::is includes persons providing, hauling, or delivering egttipmem or materials, or providing labor or transportation or othu service related to the project, regardless of the identity of their employer or ratus as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether yotu employer has provided the required coverage, or to report an employer's far~ure to provide coverage." NOSIGL :O CORI'{WCSORS - e Revuea t~I]/9er 8/7/98 ::ttpJ/www.sos.state.tx.us/tarJ28/II/110/B/110.110.htmi P.9~ . oc v Yaee 4 of 6 2S Ti:G ; :v^.1 :0 (8) cc :»zc:,:: ily re~:r.:e °.~=a perser. with ti.•net :: cnnuars : _-e~ide sen~cs c : = ~rolea to: (A) provide coverage based on proper reporti:.3 of classifirztion codes zed pavroii err: Duna and filing of any coverage afire-Tern iar °.:i of i:s eateieyrs providing services en the proie~ , :err the duration of the project; (B) pride x certificate ei coverage to the coan~aor prior to that person bemttr•~.^Q'~'orkon the proje~ ; (C) inciude is all contras to provide se.ices cr. the project ~ e iutguaae in subse~.icn (e)(3) of this sectiot>1 (D) Provide the eoatracc:, prior :o the end of me coverage period, a new cer[ifice:e of coverage showing acteasion of coverage, if the coverage perod shown oa the ctureat certifica:e of coverage ends during the duration of the project: (I:) obtain from each oche: person with whom contract, and provide to the cor.:raaor: O a certificate of coveta¢e, prior to the other peson bemntting work on the proje~ ; °= d (a~ Prior tome ~therccverage period shown on the e~wtzen~certificaueof overa¢reaas during the coverage p od, ~ , duration of the pro~ea; (~ rers:n al! required ce.~,ificates of coverage on file for the duration of :he projec. ~^d for one year thereafter, (G) notify the goveramerul entity in writing by certified mzil or personal d ~~ . ~e pro ~oa of after the person knew or should have known, of nay change that materially coverage of eery person proviatag services on the project; and (Fi) coatzactually require each other person with whom it cantraes, to petfora as required by . ,... _r_~:_ __...,..e..ti o,G.h the certificate of coverage to be provided to the Pelson subparataapits (nyln/ ua ,,.._ Y...o.~•-r-...-- - for whom they are providing services. (e) A petson providing services on a projec4 other thaw a cornraaor, shall: (1) Provide coverage for its employees providing services on a project, for the do Zany coverageojea based on proper reporting of classification cadet and payroll amottnu and filing 8gCCe.~G1LS, (2) provide a certficate of coverage as required by its contras. to provide services er. the project, prior to beattnittg work on the project; (3) have the following language in its contract to provide services oa the project: " 3y stgraag tfus coauar. or providing or causing to be provided a certificate of coverage, the Person si_astittg this contras. is representing to the governmental entity that all employees of the Person suing this contras: who will provide services on the project will be covered by workers' compensation coverage - NOIICE :O CONSRAC20R5 - B Revises 1/=7/981 $/7~$- httpa/t;'.vw.sos.state.tx.usitad23/II/1108/110.I10.html e.qe s =r ~ rage : of o ~LJ •A\. 1. V.l1V for t - oration of ::.project, :hat the G,: erzee will be used on proper reporting of classification codes zrd payroll v:.ounts, and that all co-•erzge a~eemen:s •xul be filed with the aopropriau instrra^.cc cartiu or, i:. the case of a self-irst:rea, with the canmission's Division of Self-Insurance Rem:iatioa Providing false or misleading i.fotzratioa tray subject the contractor to administrative penxi3es, c:iminel pe:.zlties, civil pe=talties, cr othu civil aeioas." (4) provide the person for whom it is providing services on the project, poor to the end of the coverage period shown on iu current ce.•t: care of coverzge, a new certificate showing extension of coverage, if the coverage period shown'on 1te certificate of coverage ends during the duration of the prolec.: (5) obtain nom each person providing services on a projee. undo contract to it, znd provide as required by its contract: (A) a certificate of coverage, Prior to the othu person begiaaiag work on the project; and (B) Prior to the cad of the coverage period, a dew certifit:ate of coverage showing ottmsion of the wvereee period, if the coverage period shown on the current certificate of covetaee ends during the dura~on of the proje=« (6) retain all required certiacates of coverage on 51e for the duration of the project and for one year therezfter, (~ aotiry the governmental entity in writing by certified mail or personal delivery, of a~ change that materially afteets she provision of coverage of day person providing services oa the project sad send the notice within tea days afro the person laew or should have known of the change; and (8) comractually require- each othu person with whom it contracts to: (A) provide coverage based on propu reporting of classification codes and payroll amounts and filing of any coverage agrr..,meau for all of its employees providrag services oa the project, for the duration of the projee /a- ...no;~i~ a ~rrtifiezte of coverage to it prior to that other person beginning work oa the project;- ~-ir.-.._''. _.. .. ((.7 include is all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage puiod shown on the current certificate of coverage ends during the dtrradon ei the project; (E) obtain iiom each other person undo ccntract to it to provide services on the project, and providc as required by iu wntract: (i) a certificate of coverage, prior to the other person beginning-work on the project; and ('ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the cover zee period, if the coverage period shown on the current certificate of coverage ends dututg the NOSSCE So CCNZARCSOAS - A $/'~~$ httpJ/www.sosstate.tx.us/tad28/II/1108/110.110.htm1 Revised 1/13/981 Pepe 6 of 7 Page b of 6 ~ a tit.. t:u.t.u duration ci :ere contrae,: (F) retain sil reouired ce:ti cases of coverage en file for the duration of t:.e project and for one year thereaite.; {G) notify the ¢overnatea:ai eatiry in writing by certified mail or pcrsonai delivery, within tea days after the person lrnew or should 'nave !mown, of am citaage that fnatersiiy affects the provision of coverage of any person proviaing services on the project: and (li) contracually require eats, person with whom it contracts, to perior-.n as required by this . subparagraph and subparagrapifs {A)-(G) of this para¢raph, with the certificate of coverage to be provided to the person for whom they are Providing services. (f) If any provision of this rule or its application to any person or cira:nfstartce is held invalid, the invalidity does not affect other provisions or applications of this Wile that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts adve.~sed for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or cotfstructioa coatracu catered into on or after September 1, 1994, which are not reeuired by law to be advertised for bid. (h) The coverage requirartent in this Wile does not apply to motor carriers who are required pursuant to Texas Ci~n7 Stattnes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4~. (i) The coverage requiremem in this rule does not apply to sole proprietor, partners, and corporate officers who meet the requiraaeau of the Ad, § 406.097(c), and who are explicitly excluded from coverage is accordance with the Act, § 406.097(a) (as added by House Bill 1089, 74th I.eg;slanue, 1995, § 1.20). This subsection applies only to sole proprietors, partner, sad corporate execuave officer who are excluded from coverage in as +*+~..a„u polity or certificate of authoriry to self-insure that is delivered, issued for delivery, or renewed oa or after January 1, 1996. Soune: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexKeg 5715; amended to be effe~ive November b, 1995, 20 TexlZeg 8609. Return to Section Index NOSICE :O CONTRJ1CiOAS - e Revised r/13I9B1 $n~$ http://www.sos.state.tx.usitaci23/IUl IOB/] 10.1 ]O.html P•v ~ ~~ ~ PART A SPECIAL PROVISIONS ADA IMPROVEMENTS WEBER ROAD/EAST SIDE McARDLE-STAPLES PROJECT No.6444 3ECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The project is to construct and complete certain improvements described as "ADA Improvements Weber Road/East side McArdle - Staples". According to the attached or previously provided plans and specifications in a good and workmanlike manner for the Lump Sum price of Eighty-eight thousand, nine hundred and one dollar and 30 cents $88,901.30 and conditions set forth. A-4 Method of Award - --a..,. - - ~ d t. ;, , A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5$ °4d-°c633d nw._~ -_r_-_--_ °--•YeO~ tiam@ e6 3d@ra: r: _., _ ~,._ n-__ ___l Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be one hundred and fifty (150) calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Section A - sP (RFP JOC JAN 2007) Page 1 of 20 .. n___.. ,. }. l7(ll .....1 C}~.~~4 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, 100.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are - not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this - Contract, is in effect for those Contractor employees, liquidated damages will be assessedagainst and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals ........1 .J. «....41 .. 4.. 4L... !.~ 4.• ..~ l l L... ...~.. ri+]r «...J ......-~..... ~....... .. T]~...........1 .. .. l .. a 7 ..F 41..E /....... ~-..l T........ .. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building construction. ^` ^^-°''-` ..4 .......4 .. L... , , 1.:..1..... a._~.f ~ Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person Section A - SP _ (RFP JOC JAN 2007) Page 2 Of 20 is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them -- in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1-1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-il Cooperation with Public Agencies (Revised 7/5 /00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Proj ect. The Con tractor shall provide a forty- eight (98) hour notice to any applicabl e agency when work is anticipated to proceed in the vicinity of any facility by usin g Dig Tess at 1-800-349-8377, the Lone Star ~- Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed . City Engineer 880-3500 CCIA Engineer 361/289-0171 ext 1223 CCIA Facilities Manager 361/289-0171 ext 1226 Project Engineer 880-3500 A/E Project Engineer PGAL 713/622-1494 (direct 713/968-9375) CRGE 361/991-8550 Traffic Engineer 880-3540 Police Department 882-1911 Water Department 857-1880 (880-3140 after hours) Wastewater Department 857-1818 (880-3140 after hours) Gas Department 685-6900 (885-6900 after hours) Storm Water 857-1881 (680-3140 after hours) Parks & Recreation 880-3461 Solid Waste Services 857-1970 American Electric Power (AEP) 299-4833 (693-9944 after hours) Southwestern Bell Tel. Co. (SBC) 881-2600 (1-800-824-4924 After Hours) City Street Div. for Traffic Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) Century Telephone 225-214-1169 (Mobile 225-229-3202) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 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 guaranteed. It is the Contractor's sole and complete responsibility to locate such underground Section A - SP (RFP JOC JAN 2007) Page 3 0: 20 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 or not, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewageor other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition andto provide a minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but .....L:.... J.~d ............ 1. ~1F .i Atl. ..F 4 .................. is not limited to, .____~ _ _ -.. _, _ _.-_ ..~ .., ramps, construction detours, 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 Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Equipment Spillage 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 clear of job-related materials. Such work must be completed without any increase ih 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 The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that section A - SP (RFP JOC JAN 20071 Page 9 of 20 detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must remain unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bit items; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. All light fixtures and other items specified for salvage shall be delivered to the Owner as directed. mom.. °: ~, -' -°°: -- .,} ,.~ _ „a: } ,.,, -a € b € ,... _a _a xsea a sgaee ee~ e „ ,. • __ _ ~.: ., mi... _ j y _ Ll. 7 A -L..... ~. ... .i .... _ ^ ' }L.~~:..lJ ..FF:.. F..- Een€~aete~ }n... 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. 3. Submittal Dates: Indicate submittal dates required for all submittals. 9. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The Contractor shall schedule his work well in advance of actual operations and shall keep the Airport Engineer and Facilities Manager advised of this schedule so that close coordination can be maintained with the director of Aviation and with other contractors. A-19 Construction Project Layout and Control The drawings may depict but not necessarily include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and/or two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for Section A - SP - (RFP JOC JAN 2007) Page 5 of 20 control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. T1.~l.~~=Q..}.... ..1.-11 1.].. }1... F..l l.. .-41 F: ..-.}: ~H F.. ~vcoinca~iR ~ OS~zC~~'e{'~SI ....1 ..l l ~ Tl1T ..1 .. ,}~ ..l...l .. Tl l ..}:.•~ l:• .. L...l ..r a ..~ ~~ ~ nll ..F ....1 ...... L..... !•....t .... ..l ~_...} /}.... ..F ... ..A Fl .... l ..\ /TVl1l1T ...i DD .~. ..\ T11~........} ~1.. .. L...l .. Tl l ..}: .• l ..l...l ~.~ ~ ....~ ~ .~..h 'tom...... ,}.... vF ..: ..... V~A•Fl ... 1.....\ /TV1ll1T _..d IID_ ~ \ Section A - SP (RFP JOC JAN 2007) Page 6 of 20 A-20 Testing and Certification All tests required under this item must be performed 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, including windstorm certification. A-21 Project Signs The Contractor must furnish and install (1) Project signs as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) (See RFP Requirements) 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. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0$ of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0$ of the assets or interest in the corporate shares must be owned by one or more minority person(s). Section A - SP (RFP JOC JAN 2007) Page 7 of 20 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.08 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. Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and contro le by a woman, a partnership at least 51.08 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.08 of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. Eor 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 50.08 interest, shall be deemed equivalent to having minority participation in 25.08 of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 658 These goals are applicable to all the federal participation) performed in change orders. The hours of minorit uniform throughout the length of the transfer of minority employees from project to project for the sole pur percentage is prohibited. 158 construction work (regardless of the Contract, including approved y employment must be substantially Contract and in each trade. The Contractor to Contractor or from pose of meeting the Contractor's Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall, be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and Section A - SP (REP JOC JAN 2007) Page 8 of 20 female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate sign structure inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the signs are completed. and--ready P nej Gentfaete~ tatxst eBta~n the ^-rte`°`--` e€ 9eetxPanep, ~•`^^ -^^ "__-_?~___ Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (108) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (108) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsures may not exceed ten percent (108) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsures authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsures that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsures must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." (NOT USED) , n.. t, , a n..,,,.. _.. ,. a - - - -, --'-- - ege~ate nnde~ a sePa~ated eent~aet '-- -`•-" : Section A - SP (RFP JOC JAN 2007) sage 9 of 20 „ 4 L... S]v~~i~..4 'J ..l .. : G:.. . ..l ..., n 4.. ~. ~ i € id J .. ., e--sws~ ~€ ma€e~iai i~tva-iees- i - .~~~,~:r - :,--- 4 . €4-r e .. l + l .... .. F ..... 4 ....: -. :c ~ eeg es 1 .. .J ...... ..1 .. ,4n ...i..~ _~f gel 1... ~a m........ ..1: -. u.l .. 4.._6L: A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78969-9277 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' Section A - SP (RFP JOC JAN 2007) gage 10 of 20 fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection -- with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the - negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. ----.~_,:~. ~__ .,_____ ,., ..• (NOT USED) A-2B Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date ofthe release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) yeazs recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. She superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in section A - SP (RFP JOC JAN 2007) Page 11 of 20 similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of 'the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: 4L., ~. 4L__....L ~i-_ ~r~f_i~S _ L,. ' .. i1 ..LF; .i ..... 4e, Fs~.....-}L YC^M 4L..4 ..L •,fOn cl ..~.. hem g~de~-ices eenta€ned here€n "- ••L- "' '"' ~ai~e~--3€ the 6ent~ae€e~ 's an F9B6 *F ,-L,.-_ ., a,. ..,.~ .-., ..~_,.. ,.L _., T .....: n «y n y: _ .. .~ e~ea~€~ ndemens~~ate~ to the -A,-*; _F 4L.. .-; __ FL..4 ,.,.a as; }n €aetr been made^~e mee€ -`-' ~~''~ '•~•` ~~'^~ e a~ w" 1 he ~re~#ing en the P~ej•ee~ '"" - " ~` F..... ... ..4 e, ..F ~4.,~ s ..1, ; F 4 L .. Section A - SP (RFP JOC JAN 2007) Page 12 of 20 ~~eag a Gentsaet-per}ee F '~-,.. ..:"" ..4 :.. '1 l '] . 7• 4L... .. 1- .. C....~......... l 'J• + Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. I1. Documentation showing proof of Disadvantaged Business Enterprise (DBE) requirement compliance. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. ' '"''"'' `^ J Q :..1 ~~. T-~ A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the proposal phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the Section A - sP - - (RFP JOC JAN 2007) Page 13 of 20 General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. -- - --• ~- l ° (NOT USED) .. L. .. F }1... -.l .. ..} y.... }y... ....1 ..1... ..1.._ ... F.. PLC .'.}h.- F-...: 1: C.. y. -..~1.l: +i.... 1 1 , .-~ : ~~ t € ~~~ ~ }__.. _ _ ,__ .n-.4...i ,... me a any water as ~y va, p.v-} / / / ~lll~ r / r $9@r ^' err' ng t~as3~ rr#}' net be a~~erred '"''^ "'"''' '"""' section A - SP (RFP JOC JAN 2007) Page 19 of 20 h' € °~-`~ - e~ange, b ~...i. s e rle, e~ rr ' = Y- ..l n1 ~~a ~i E Faec Of /.: F.. lf.. ..4.. ...1 C7 eye- i~-y-, ~la-~e~-Bega~~raen~ eCa€€ Tl l /'~.~~.4.r.-..~4 ~.- ..al~ii.l .~.. ... t 1+.. ..1 .... ..1 ..id 4L... .i.. L.........1 14.....: .. ...i ..mss . •rvv-u--cs.a-rv'accria cci :.Qa.^.` '" G ...] ~f,: .. r~ 3 ~-e~.r-ae€4ae~ enQaQe~ #n €he...~_,_ ..r..,.: £: ..a ..,.... c r ,-, ,. , l c..,. d ....,.~,. ,. ...i ls... ~L.: ~£i« '}}~y-w'€h#e 400 m}}es e€ €he ~Y ~, tx~n}s~ ^ega=praen£M ~rh' eh--~s €he ~ e~e~e a nca3e`mrxa=P-ae~#ea' e3e€ea~ "TM--~ ": - ~... L....F.......... Section A - SP (RPP JOC JAN 2007) Page 15 of 20 €,€ant ,_.. ..F.._...,.,, Y ~..,.,.\.,.,, l._..a_.2: yy:..y ,a..., al. ,, L... -. l l .......-1 4 L...~ .. ..~+au~ A-36 Other Submittals },.,, a • •.....}__,.a ,..._„ ..>,m:} _z_,..._Y,,,... _., ~ 2 }l,_ ~ s a Qaan€ ~3 ..:.. ......: .. ..},.a . _a.2:} }.. 41.,. Y-~, 2bl d ~ T ..1._„ t~e es b ~eg~e Y / l \ .-..i.. ..21..1 .. Fn -._Ll ..1...~ ..1 .......: . ..... n€3<ae€e~ shall rlse €he °~-'^^ b F `}},, e~Rts e e S a .. F •i.:.. C....f-2 .. ...2 .. t l . ~m Re$~cai~ "} ~'^..^ 4h.. _-: ~€€ € € h € ' ~ : nl ansm a e nt e~ eae ~ be€:e -..FF:.. n,...}~.,~}...._,,.,,..~a €h b € h ~ ~ ~ 9 ~c , -n{sn e~ {r} an a ~ a ia €€a n ~ ...i : F:.-. -.4: ~~ Cam..}: ~.. _ ...L. _... ' l ...L... ~. /..\ ..1. .. L....2 4a _ l F........ € € ~ ' S6 b - ' e~ RRSS en ~ae agg aR{@ d ben€ ae~e~ s ~ed whie'^ ee-`= F€-s " d € €~~ l ` ' '2 t:: ~ gae e~ n a a€e y-e agg~ eg~ €ie~~ ~4frtene~ene - a -' t r d i € E4~ ~€t r - ~^ t ~ te e-=equ r2 :ex e 2- ~ e,~ r vl~ ...i ..J J ....4 ..F ... F.......-.4 2 .... _:.11_ 2 ... ~ 2 ~A_-.... ,., a,.... ..F }}_ n...,.,..,.} ..,2 n,...}..._ €he ^••s..,.: a4..1 ,. _.,a: } _s... a..1 :.. . E ~r ~ h € € € ,. }1,,, 9 B~ iEla9 se e t e P S Bn ~ee € --__,_ _.... a,. : a,...}, F .. ..... . E ~ € ) 2 .....,,.. e~ mas en ~ae € P4a~ e nQ: .2• ...2 ..... a....} ...}...., 12...: }-.}:...... ...ham..,. ..~.....}.. .. ...... n ..... ... ... .._ 60 ~......a...... a F l F ..F 4L... ..1 ..}~~., • 1. --- n_ >ss€ € E € € ~ '- ° # gn ~emen se en ~ae e m P L. 1 F......... Gv....a v~-~v~ .. .. ... 7 ..... .. r ...d ..L....2 } ..1....: a}.. 1 .. ...A } ^ `9 l l ~ a- S : L...} :.-. il:..} s-i 1...} ea ..F ....1 ..L....: } }.. l .. -J • _____________ _______ _ ___ _.. _.-_ _ ~ a va r~.~aa...vu u.ui~ur .. ..ua section A - SP (RFP JOC JAN 2007) Page 16 of 20 c~aai9coracivct9ES-rs,=ate'' et3p g iciv-~a-i[3s ~~'H e~ -•'•,•,•~••. ••a :... .. , - - k R}' t b i tt ~ ~ l ~t t ,. _.., a....:,... ..F ..ti,. ....,..a;..,. h nq sra m - a s t e a o . e .. F......: ....,1 C....: ......... .....i tL...-C1 ~3-.. ..G Samples: m .. n....«__..~.._ .......x _..,....:. .......... .... ..F F: ..: .. ~...,. ~.-...., fi,,. F,.,, ...,.,.. ~ .. a.. ....i l.. .. nl -.44...-.... F...- n: 4.• C..-:..~~-~ Test and Repair Report w_ov w--_.,-~ nw---...~..-.... ~. __~ .-.~__~.. o.._ n_ __ ca.~:.. (NOT USEU) " ..a ..4 .. F..,n M........ -.l 1ve... ~........,. .. ~~ L '1C •.•`•••`•-•_••• _•••'•-..a Vnt.......... F... ..l...a L..• 41... n: 4.. -..i.~l 41... F..l l.. - ,I~l,... 4 .. ,~Ge~a~~~-.~st T .. 1. n : f .. ..F n.. eem~~:i~~l~e ........ nl....:.. 4 : ~ e. T.T..4 ~.. ....a n ---..- - 6 n....~ :............ n lan as amen a ~3t Ethe "P ,.: .. an" ~ ea r erxg :------e •• •• ~ m ~ . . ~ ,` l... '' n. a... i e• •oruc oir8 t _ t a : T , .i . .. .- e.F ...... .. mt... n....1--....4.... i l t ` i~-~zr~cv L......_ - _ .mac at, i .. E_ Fh.-.~Dl V r+ie ar, -cz[ a e-g =---~-=s -Tee A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-B-9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-(i: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the proposal. Section A - SP (RFP JOC JAN 2007) gage 17 of 20 A-42 OSHA Rules 6 Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-63 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification ~ Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, or supplier. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 Aa-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (9) Deletions, additions, and changes to scope of work. (5) Any other changes made. c .. _-__-t _c va -ti i.. ,a.~--:..-,...a e.-~.... _,v ,c ,nn~ (NOT QSED) Section A - SP _ _ (RFP JOC JAN 2007) Page 18 of 20 , _-_a___ v-..____a: _-_ /~ is mn\ (NOT U9&D) ..L... F.~.s~... FL._ ~~aF ..l...l l _ ...J ------- -- ---- - -~~ ~., tee she , .1.: ._L. ..l l..l ....1 i4l.i is F.~.~i /tn\\ ._F .~.i nor yes e€ the~~eTee€~ 6ent~aete~ ska"^-3eeava~e ar~d e3fgese 'a •'"~~ P~pe3~elr t a mase'mtan e€ ~0B-€eet 8 E "`'" ""' "`" ^~. L L 46 Cl _ll _~l_.._a ~~ ' eta a have been made in them-en'-iaety ^at,... ---.., a_ a,.__....o _.._.,,~a_~ .._ a,__ _L. ..l l ..., a a c..,.._ ...a. .. ,. al,.. A-d8 Overhead Electrical Wirea (7/5/00) ' Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/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. A-49 Amended "Maintenance Guaranty" (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 benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (RFP JOC JAN 2007) Page 19 of 2&- )~ PART C - FEDERAL WAGE RATES & REQUIREMENTS General Decision Number: TX080061 02/08/2008 TX61 Superseded General Decision Number: TX20070063 State: Texas Construction Type: Building Counties: Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not inclu de residential construction consisting of single family homes and apartments up to and including 9 stories) Modification Number Public ation Date 0 02/08/ 2008 BRTX0001-005 05/01/2007 Rates Fringes BRICKLAYER .................... ------------------ ...$ 20.00 ---------------- 6.50 ------------------ ------------ * ELEC0278-001 08/27/2006 Rates Fringes ELECTRICIAN ................... ...$ 18.95 9.75+7$ * IRON0066-002 06/01/2007 Rates Fringes IRONWORKER .................... ------------------- ...$ 17.90 ---------------- 5.00 ------------------ ----------- * PAIN0130-001 07/01/2005 Rates Fringes PAINTER ....................... --------------- ...$ 15.15 --------------- 4.92 ------------------- --------------- * SUTX1967-002 03/01/1987 Rates Fringes CARPENTER .................... ....$ 9.96 Cement Mason/Finisher........ ....$ 12.50 LABORER: Mason Tender....... ....$ 7.14 LABORER ...................... ....$ 5.85 Plumbers and Pipefitters (Including HVAC) ............. ....5 10.05 Power equipment operators: Backhoe ................. ....S 7.84 file://C:\Documents and Settings\ArmandP\My Documents\Davis Bacon Wage Rates.htm 5/5/2008 U.S. Department of Labor 200 Constitution Avenue, N.W. .Washington, DC 20210 The request should be accompanied by a full statement of the _ __ interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party-may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 9.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file://C:\Documents and Settings\ArmandP\My Documents\Davis Bacon Wage Rates.htm 5/5/2008 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES § THIS AGREEMENT is entered into this 15th day of APRIL, 2008, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Nuway International, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas; In consideration of the payment of $88,901.30 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ADA IMPROVEMENTS WEBER ROAD/ EAST SIDE MCARDLE - STAPLES JOB ORDER CONTRACT PROJECT NO. 6444 (TOTAL BID: $88,901.30) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: Cit Secretary APPROVE AS TO LEG O By: Asst. City Attorney CITY OF CORPUS CHRISTI gy; ~w 6 z6 8 Angel Escobar, Interim Asst. City Mgr. o Public Works and Utilities By : ~~~ //zG~~/`~ Kevin Stowers, Interim Director of Engineering Services AT T: ( f Corpo a i )I~ (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) ` ~. ~ ` `~, ~ (~ R N A T j ~ ~ ., ~~~ , ~ ~` 'w 9 3~ I ~! / ~ 'Z Zj 1fn ~... ./` CONTRACTOR Nuwav International, Inc. By: Title: 2621 HOLLY ROAD (Address) CORPUS CHRISTI, TX 78415 (City) (State)(ZIP) 361/854-8833 * 361/854-8345 (Phone) (Fax) Agreement Page 2 of 2 (u~ ~ - 0 q ~~T~~H~«, sr couMCa.....~~~.~.~.Dg-- ~. SECaPfARy Iluwllr IIIiERNA11011AL Ine March 26, 2008 Mr. Angel Escobar, P.E. ~' ect9r of En$m~mg Services ,~ ~ ~~, s ~ ~~~ homemaker, P.E. 1~'d lungti '' c~. to or call me.onimvicell~t 361 lad. 2621 Holly Road Corpus Chriatl, Texas 78416 Office: 367.854.8833 FAX: 367.854.8345 nuwav5~ebcolobal.net www.nuwayi ntemational.com CORPUS CHRISTI JOB ORDER CONTRACT Scope of Work Weber Road Ramping for ADA Compliance PROJECTS #6151 ADA Compliance Intersection Improvements At All intersection Between But Not Including Staple and McArdle Acknowledged References: City of Corpus Christ -Department of Engineering Services, Traffic Engineering Division Reference NUWAY International Inc. Project Manager interviews, Site Visits Included References Site map All Affected Intersection -Both Northeast and Southeast only. Bring the affected sidewalk /intersections to ADA Compliance including curb and gutter cuts, sidewalk cuts including tie-ins to adjacent surtaces. Repair sidewalks as indicated by the City. Replace sidewalks and commercial property entrances to Engineering Standards in areas indicated. SCOPE OF WORK Furnish labor, material, and equipment to: 1. Mobilization /Demobilization a. Secure Laydown Area including: i. Traffic Control to Safety Plan ii. Portable Toilet iii. Debris Pathway iv. Site perimeter safety and pedestrian and vehicular traffic controls. v. Landscaping Protection b. Remove all construction equipment and materials 2. Demolition 1. Saw cut all adjacent to affected areas including: curb and gutters, sidewalks, asphalt roadway surtaces and affected existing landscape areas. 2. Break out all affected areas into small rubble-stone size. 3. Load, haul and place according to city directive. 4. Remove substrate to a stable undisturbed strata. 3. Constructions 1. Compact substrate and lime stabilize for base material placement. 2. Place base material select fill and compact to standards. 3. Form for cast in place concrete sidewalk, curb and gutter to comply with proposed finished elevation. 4. Place reinforcing steel to plan. 5. Block out for Detectable Surface Area. 6. Place doweling to plan 7. Pour concrete to standard specifications and contour to meet ADA Compliant Standards. 8. Finish concrete to plan. 9. Install Detectable Surface material in compliance to ADA Standards. 10. Remove all formwork, debris, and excess spoil. 11. Grade adjacent green areas for erosion control. Considerations 1. All work to begin after 7:30 am and proceed through the working weekdays 2. Areas of work and pathways shall be cleaned daily of construction debris for the duration of the project. 3. Hazardous materials survey and/or abatement are not included in this proposal EXCLUSIONS 1. Geotechnical Tests/Reports 2. Environmental Testing 3. Permitting : TDLR -registration and submission 4. Any and all item not listed above. 8c~nd~.~ ~c9-~~~~ P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Nuwa International Inc. of NUECES County, Texas, hereinafter called "Principal", and V.CE~£~~~ga~_cc-_nee L'~. a corporation organized under the laws of the State of~e~ , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of EIGHTY-EIGHT THOUSAND, NINE HUNDRED ONE AND 30/100($88,901.30) 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 15TH day APRIL 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: ADA IMPROVEMENTS WEBER ROAD/ EAST SIDE MCARDLE - STAPLES JOB ORDER CONTRACT PROJECT NO. 6444 (TOTAL BID: $88,901.30) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County_to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 9 copies, each one of which shall be deemed an original, this the ~~ day of Sj,~.~~ 20~. PRINCIPAL (Print ame SURETY ' -(,l)~ l,d ~' ry ~ f V',•u b ~ ~ ~e~ A torne in-fact ,~~':,~/~~ff~c {s•' x C ,) e !Print Namel The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 ( rin~L' t Na~ & Title) ATT f (/~-~-~ TJDY1 ~~' ~ 3~4P E R F O R M A N C E B O N D STATE OF TEXAS $ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT Nuway International, Inc. of NUECES County, Texas, hereinafter called "Principal", and ~nwcerTeL~YLkY'AV10.~C•~. a corporation organized under the laws of the State ofTQX.RS , 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 EIGHTY-EIGHT THOUSAND, NINE HUNDRED ONE AND 30/100 ($88,901.30) 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 15TH of APRIL 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: ADA IMPROVEMENTS WEBER ROAD/ EAST SIDE MCARDLE - STAPLES JOB ORDER CONTRACT PROJECT NO. 6444 (TOTAL BID: $88,901.30) 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 o.ut of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 9 copies, each one of which shall be deemed an original, this the 2~~- day of ~L^Yl~_, 20L~• PRINCIPAL nt Name SURETY n-fact Name) >.~, •.. ;, ~~• ',,~ I ~/, e.. iJJ tb S"%'~ The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contra ct)(Revised 9/02) Performance Bond Page 2 of 2 ~-' c7:i~lr oP coRpus ctutiarx DEPAB'PlIiNT OP EtlG777El1EiINti SERVICfib P.O. 8070 9277 CORPtI$ 7+pltZgfl, TE1rA~ h8969-9277 as: Oaslitiewtioo d! ~PoYg7t o! A!lOC7rtsy !as Pa:lot++ra:-ee gtali Payaup0 aanae Proyaer mam.~tRao.:,Various Projects SuFaty Cc~any: SureTec Insurance Company Geatleleer. z ~, :cooen u. gave fzta>~ a! ns`~ o!': atustyl . y certit eh~C the facsimile owax Of attorney tiub:sitted i an D.B. Myuniz. Basra New~om~ and Mari N. Wirth t~-et.~e~In_ fn~• „w9" In4nmo4,nnfll Inn (OOassaeiosl, ^ a~'~ Maieb >i;• gttseba0 to t>die :sa7etiiieelu, :ie a tree and Corseat copy oII CF.e osagingl yower of attorney on file in r.Y.a raeerds of the aucaty easy y in its hone cFfiee, hqe net bean aewnded or ebridged, is atiil sslituli force and effect, uid said deeigeu~tad agent i^ CYrra~t/y in good standing with the suxety. In the 'evl:'it of cancolietian of this p r of attorttsy, the City of Corpus Ct'irYet~ ehnil be notified in wcit~rt~ by certiFiad mail within aevsn (71 9eys tharaoF at the fol2owinQ adt7c~sa: amity of C9rque Christi Deparemestit of Engineering Servl,cea Atlas: Costtr~ct 1ldmiristrgtor P.O. Eo~c 792,7 Corpus Ct'lcisti, '[lxea 78969-9277 Signed tk:is 15th ~ day of Seatember 206 , SureTec Insurance Com Name: ?it7.ec F~obert D. Cave. Vice President St:orrl and subscribed to before m- an ihia 'r~ day pf '~-1~"-"~~ , 20,~. ' Notn7ry Public -T State of I~~Q.S_ Hy Caamicaion Exyixra:,~,/ ;~^.~;`1 Dianne Barrow Uavlssa 9101 _ *° Notary Public Sate of Texas MyCami::ionE~inn ~~"~ DECEMBER Ot, 2008 A?'lAClWJ~ s at OP i ppA g; 4221025 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know A/l Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporafion duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Paul G. Adam, Peter S. Ba[jer, Joseph P. O'Connor, Randall Saverance, Lisa W. Friend n Annette U. Smith, Barbara Newcomb, Susan D.B. Muniz, Kari N. Wirth of saa Aagelo, 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 [o include waivers [o 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 [o 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 Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 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 Attorney(s)-in-Fact to represent and ac[ 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, contacts, agreements or indemnity and other conditional or obligatory undenakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-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 We 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 [he Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`" ojApriT, 1999) In WJtness Whereof, SURETEC INSURANCE COMPANY 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. 2005. yu'aaNr:F .TEC INS CE COMPANY ~~!' X ~ oo ,.t ,g By: ~ { m J> Bill King, re nt State of Texas ss: o~~lY County of Harris s ~. ,.% ..,,* 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 insnumenh [hat he knows the seal of said Company; that the seal affixed to said instmment is such corporate seal; that if was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MiCh6Ne DeMy + • 81aM W Texat ~ ~, f j{,~,~ ~ F>~~ Michelle Denny, Notary Pub tc AUgUSf 21, 2008 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 tme and correct copy of a Power of Attomey, ezecuted 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 Attomey are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this Z3~` day of Jr.. vt P , 20_Q~, A.D. M. Brent Beaty, Assistant Se re ry Any Instrument Issued in excess of the penalty stated above is totallyvoid antl without any validity. For verl0cation of the authority of this power you may call (713) 812-08110 any business day between 8:00 am and 5:00 pm CST. 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 8r 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 CITY OF CORPUS CHRISTI ~"-"~ DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons w tines 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: Nuway lntematlonal, Inc. STREET: 2621 Holly Road CITY; Corpus Christi Zip; 78415 FIRM IS: ^/ 1. Corporation ^2. Partnership ^3. Sde Owner ^4. Association ^5. Olher DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page w attach separate shent. 1. State the names of each "empbyee" of the City of Corpus Christi having an 'ownership interest ~nstihAing 3% w more of the ownership in the above named "fine'. Name Job Title and City Department (if known) NA 2. State the names of each "ofiaal' of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above named "firm". Name Tdle NA 3. State the names of each "board member' of the City of Corpus Christi having an "ownership interest constituting 3% w more of the ownership in the above named 'firm'. Name Board, Commission, w Committee NA 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 and has an "ownership interest constituting 35 w mare of the ownership in the above named °firm". Name Consultant NA CERTIFICATE I certihr that all information provided is true and correct as of the date of this statement, that I have not knowingty wiUih~d disclosure of any information requested; and that supplemental statements will be promptly submitted to the C'dy of Corpus Chdsti, Texas as changes oawr. Certifying person; Omero Luna Tom; Project Manager (Type w Print Signature of Certifying Person: ~~~ ~ Date: May 17, 2007 Sep 24 2007 '2:43PM Kingsbury Ins d R Peetz F 361-887-7799 p.2 ACORD CERTIFICATE OF LIABILIT Y INSURANCE w Y PROOIICeR - Nr~ i o9 24 D7 THIS CERTIFICATE IS 18SUED AS A MATTER OF M - Kingsbury Agency - Insurance ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTDICATE DOES NOT AMEND EXTEND OR 3038 $. Alameda St. C Ch i , ALTERTNECOVERAOEAFFORDEDBYTNEPOLK:IESHELOW. orpus r sti TX 78d04-2601 Phone: 361-687-7722 8:::361-867-7799 9YSURERSAFFORDIN000VERAGE NAICi INSURED NSURER A: Admiral Insurance NBURER B: Mt, Riw10 Iaaaranco CO. ay Sp t qAa P O Dra1POr 27098 l r IAa • NSURER C: Corpus Christi TX 78427-0898 N9IAIER O: NSURER E: COVERAGES THE POLK:IES OF NLBURANCE LISTED ~~rs mw,WV NAMeu A90YE FCiRTI£POLICYPERIOD NDICATED.NOTwR116TAN0NG ANY RF-0UIREIAENT, TERM OR CONORION OF ANY CONTftgCT OR OTHER DOCUMENT WITH RESPECTTO TVFIICH 7Ne CERTIFICATE YAYSE 18SUE0 OR MI1Y PERTAIN, THE INSURANCE AFFORDED SV THE POLICES OESCRIBW NEAEW IB HUB.IECT TO ALL THE TERMS, fltCLUS10NSAND GOMDRIONS OF SUCH POLICES. AQOREGATE LMITS SHOWMMAYINVE SEEN REDUCED BY PND CLAIMS. LTR a TYPE OF tlaI1NAN POLICYNUMalR DA LIWTS Gn1ERAL UABSI7Y A X COMIAERCIAL E EPCM000UWiENCE S 1 OOO, OOO G NERALLVUIKITY CA00000985302 09/25/07 09/25/08 . PREMaES eecuxlea s50 000 CIAIMS MADE ®OCCUR NED X Z l ~ EXP (MY Olt PN'+aV i nC Pram-OPer PeLa C t * oRALaAOVRARKTY si 000,000 on ractval GENEM E LAGOREOATE s2 000 000 G NT.AGGREGr1TELWOoRAPFLE$PER: PRODUCTS-COMP/OPAGO i2,ODO OOO POLICY X JELT LOC AU TDMOaIIC LNaILRY ' ANY AUTO COMBINED SNGLE LIMB (E+aaNtlerlt) i Au owNED ALrrca 6CHEDULEO AUTOS L~mLP j~~ Y b HIVED ALROS NON-0lNNE0 AL1T0& BODILY NJURy (PK AdEba) b PROPERTY DAIMOE (PK ar:dtlW) b GARAGE LDIBLITY AVTOONLY-EA ACCIDENT b ANYAVTO OTHER THAN EA ACC a AUTO ONLY: AGG a B E1CCEaaIUNeRELU1 LMe1.1TY MY L036563 FACH OCCURRENCE i S OOO OOO / X occuR cumsNUOE . 5_ 09/25/07 09/25/08 AOGREOATE + -- - :1,000,000 a DEDUCTIBLE a RETENITON i a WORKER! COYPB1BATgN ANO EMPLOYERY LIABILITY TORY LIMfTB ER ANY PROPRIETORIPARTNEWFJO=CUTRRi E. L. EACH ACCAENT i OFPICERIIAEMBER EKCLVOEO? - IIyyeeFF,,DFLUbWer EL. DISEASE-EA EMYLO a BPECVIL PROVIBK)NB beNw ~ - E.L.OaEASE-POLICY LSAIT a OTNlR OEaCRI-RON OF OPERA710N8 ! LOCATKINB! VENK:LES / EXCLU810Na ADDED BY EMOORBEN6iT I aPECU,L PRDwiIONi *Hroad 8orm Property Damage, Independent Contractor, XCO, Umbrella Liability is over General Liability fl Auto Liability only. Project Name: RE7? No, 2007-01 Sob Order Contract (JOC) Minor Construction, aepair, Relsabilitation and Alteration of Faailitias. The City of Corpva Christi is Hamad ae - additional insured oA the Gon Lisb as required by written contract. CERTIFICATE HOLDER neuce, ~ CITYCC2 MIWLO ANY OP THl ABWEDESCRI~POUCIES aEGiNCIII,Epa¢ORE THE EXPIRATION Cit Of CO y rpus Cbristi ~, GATE!HEREOF,TNEaaU1N0NiUl®1YWLLENOEAVORTOMSI~ 30 DnyHVaorTE1N Dept: of EngiAeoring Services NOTICE TO THE CERTPIDATE INILOER NAKED TO iNE La'T, our PNLURE TO DO SO SWILL Attn: Contract Administrator mpOBE NO OSLIONTON ORLI0.eLTTY OS ANy KIND LMroN THE INSURER. R8AGENT6OR P O HOIt 9277 REPRE9ENTATN66. Corpus Christi TX 78469-9277 A ea ~ ACORD 45 !70011081 ®ACDRD CORPORATK)N 7988 Sep 24 2007 2:44PM Kingsbury Ins & R Peetz F 361-667-7799 p.5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifK:ete holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certfcate does not confer rights to the certlficate holder in lieu of such endorsement(s). DISCt.AiMER The Cettfcate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polices listed thereon. 2a Sep 24 2007 2:45PM Kingsbury Ins d R Peetz F 361-8H7-7799 p.6 ACORD_ CERTIFICATE OF LIABILITY INSURANCE ° PY X Rvr m 3 09 21 07 PROOUeER THIS CERTIFICATE IS ISSUED AS A HATTER OF IN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Richard L Peetx , Farmers Agent HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3038 8. Alaaleda St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78404-2601 ~. Phone: 361-887-7801 Fax: 361-687-7799 INSURERS AFFORDING COVERAGE '. NAICN INSURED INBURERA: TrVlak InfLBIARCe Siahan • INSURER e: ~/ Numay Snternatio Ina. G 89 INSURER C: - P. O. Drampr ~70 ~ Corpus cChhri~ti TX 78427-0898 INSURER D: INSURER E: ' COYERAGES THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN RiSUEDTO THE 1NSUREO NMiED ABOVE FOR THE POLICY PERIOD NiDICATED. NOTWITHBTANDWG ANY REQUIREMENT. TERM OR CONDITR)N OF ANV CONTRACT OR OTI!'R DOCUNENT WRH RE8PECi TO WHICH THIS CEPTIFICATE MAYBE ISSUED OR MAY PEATAW,IHE INSURANCE AFFORDED BY THE POLIdE6 OEBCRBED HEREVi I& SUBJECT TO ALL 7ME TERMS, EXCLU810N3 AND CONODIDNS OF 6UCH POLICES. AGGREGATE LMO'S SHOWN MAV HAVE BE@A REDUCED EY PAID CLAWS. LTR R MEOFINSURANCE POLN:YNWSlR DAT NNRJ LWITS 6ENMAL LNSILRY EACH OCCURRENCE i CONA/ERCUIL GENERAL LUUItl.ITY PREJNBE61EeBattuirlLe i ClA1M8 MADE ~ OCCUL MEO E:(P lArry one Arson) 8 PERSONALBAW RNJURY 8 ' GENERAL AGGREGATE 6 OENL ADLiREGATE LINJ T APPLIES PER: PRODUC79-CONP/OP AGO S o-o- ,POLICY JELT LOC AQT ONDBRe weam O Affi N~51NGLELiMR ' 1 000 A ANY AUTO 069443217 09/25/07 09/25/08 ~ e m V i , ,000 ALL OWNED AUTOS 80D)LV iNJURV ][ SCHEDULED AUTOS (PaT perAm) i ]( HIRED AUTOS BODILY INJURY ][ NONOWNED AUTOS (Pa'xOEerT) 8 PROPERTY DAMAGE e i (Pararti aVl OARAOE LVIB6RY - AUTO ONLY-EA ACCIDENT 6 ANY AUTO DTHER THAN FA ACC i AUTOONLY: A00 i EKCEBSIUMBRELL4 WlILITY EACH OCCURRENCE i OCCU0. ~ CURAS MADE AGGREGATE 6 i DEDUCTIBLE i RETENTION F _ i WORKE0.8 COMPlNBAl10N AND NP ' U a TORY LWITS ER LOYERS L I LITY E ANY PROPRIETORIPARTNERIEJ~CUTNE E. L. EACH ACCIDENT i. OFFICERMEMBER EIICLUO®t nta teMkr M M EL DISEASE-FA EMPLO i yyww a 6PECIAL NTCVISIONS Wbw EL DISEASE-POLICY LlRT t OTHER DEBCNIPTM)N OF OPERA710N8 / LOCATgN3 / VeMCLlB / ERCLUBIONS ADDED BY ENDORSEMENT /BPECWL PROVIa0N8 / Projoot Hama: RFP No. 2007-OS Job order Coatraot (JOC)Minor Construction, Repair, Rehabilitation, aad Alteration of Facilities. The City of Corpus Christi is named as additional insured on the Auto Liability policy as required by written contract. CERTIFICATE HOLDER CANCELIJITION CITYCC2 SNWLD ANY OF THE ABOVE DEBCRelD POLIp~BE CANCELLED BEFORE7TIE E%PIRATION ~ DATE THEREOF, THE 163UIN0INSIIRER Va1lNDEAVOR TO NNL 3O DAYS WRR'TEN City of Corpus Christi rypTICE TO THE CERTFiCATE HOLDER NAMED TO TNl LIFT, BUI PAILURE TO D0606HALL Dept. of Engineering SerV1Ce8 Attn: Contrnot Administrator INPOSE NOOBLNNITION OR LUI6ILTIY OF ANY KIND OPON THE RISUFER, ITS AGEMS OR P O Box 9277 ESENTATWEB. Corpus Christi TX 78469-9277 AQrxo _ THE ~ j ACORD 25 (2001!08) ®ACORD CORPORATION 1868 Sep 24 2007 z:46PM Kingsbury Ins & R Peetz F 361-887-7799 p.9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pclicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certlficate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificaie holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), autliorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, expend or alter the coverage afforded by the policies listed thereon. .4CORD CERTIFICATE OF LIABILITY INSURANCE OP ID SZ DATE IM1uDD/YYYY) G6AST-1 02 25 OB PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cravens/Warren & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 41328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77241-1328 Phone: 713-690-6000 Fax:713-690-6020 INSURERS AFFORDING COVERAGE NAIC# INSURER A: / INSURER B: GSA P8ltner8 `b/ INSURER C'. 4601 WoodwaYy N21D INSURER D: Houston TX 77 56 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. E%CLUSIONS AND CONDITIONS OF SUCH POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NBR TYPE OFINSURANCE POLICY NUMBER DATEYMM/DD/YYE GATE MMIDDM/ LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY PREMISES (Ee occurence) E CLAIMS MADF ^ OCCUR MED EXP (Any one G-reon) PERSONAL 8 ADV INJURY E GENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E POLICY PRO- LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANV AUTO (Ea acdtlen0 E ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) E HIRED AUTOS BODILY INJURY E NON~OW NED AUTOS (Per acdeanl) PROPERTY DAMAGE (Per actleanl) E GARAGE LIABILITY AUTO ONLY~EA ACCIDENT E ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGG 5 EXCESSNMBRELLA LIABILITY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE E RETENTION E E WORKERS COMPENSATION ANO X TORY LIMITS ER A EMPLOYERS' LUIBILITY ANV PROPRIETOR/PARTNER/EXECUTIVE TSF0001076234 02/23/06 02/23/09 E.L. EACH ACCIDENT x1000000 CER/MEMBER EXCLUDED? OFF I E.LOISEASE-FAFMPIO~FE ~loeooeo n yes, eaFUloe anger SPECIAL PROVISIONS Eelow E.L. DISEASE -POLICY LIMIT ~ S), V V D D D D OTHER DES CRIPTION OF OPEM710NS / LOCATION8l VEHIC LE61 EXCLUSIONS ADDED BY ENDORSE MENTI SPECUAL PRO VUIIONS RE: Job Order Contract (JOC) Minor Construction, Repair, Rehabilitation, 6 Alteration of Facilities. Co Employees of Nuway International Zne. & GSA Partner are insured under the referenced policy. Alternate Employer Ends. Applies. Waiver of Subrogation in favor of the Certificate Holder with respects to Worker's Compensation as required by written contract. L.Ir1rL.D~ BNOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NE EXPIRAT101 I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of COrpnB ~'hri8tl / IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR P.O. Box 9277 V COrpllS ChrlS tl TX 78469 REPRESENTATIVES. _ - - 25 (2001106) ©ACORD CORPORATION 7999 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. (2001108) POLICY NUMBER: CA00000985302 ~ COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~/ ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART V SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered O rations Blanket as required by written contract V Information re wired to com lete this Schedule, it not shown above, will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materiels, parts or equip- 2. The acts or omissions of those acting on your behalf; in the performanr•.e of your ongoing operations for the additional insureds) at the location(s) desig- nated above. Named Insured: Nuway International, Inc. Policy No.: ~~ CA00000985302 Effective Date of This Endorsement: 09/25-07 ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Authorized Re~~esentative: / '~ J Name: Pat ~T%. King bur -Title:--Agency Owner CG 2010 D7 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ^ ,- POLICY NUMBER: 069443237 COMMERCIAL AUTO CA 04 03 OB 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r/TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wkh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 09/25/07 Coun reigned By;/,~ V/ Named Insured: ~/ ~~~ NUfiAY INTERNATIONAL, ZNC. ~ Authorizer Re resentative SCHEDULE Name and Address of Additional Insured: City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P. 0. Box 9277 Corpus Christi, TX 78469-9277 to no en[ry appears acove, intormation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 8. The addiional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authored to act for the addtional in- sured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the addtional insured named in the Schedule or Declaretions notice of any cancella- tion of this policy. if we cancel, vve will give 70 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 OB 04 ©ISO Properties, Inc., 2003 Page 1 of 1 Jul 17 2006 2:57PM IYuway International the 3fi1 dS4 dy4S p.4 GSNBRAL LIABILITY THIS J This endorsement J COMMERCIAL LIQUOR LIAE OWNERS AND POLLUTION I RAILROAD In the event of restricts the ineu mail prior written CHANGES THE POLICY - PLEASE RBAD IT CARBPULLY CHANGES-AMENDMENT OF TION PROVISIONS OR COVERAGE GRANDE iea insurance provided under the following: L LIABILITY COVHRA(iE PART COVERAGE PART CTORS PROTECTIVB LIABILITY COVSRAGB PART TY COVBRAGE PART D OPERATIONS LIABILITY C0V8RAGE PART VE LIABILITY COVERAGE PART ellatioa or material change that reduces or e afforded by this Coverage Part, we agree to ice of cancellation or material change to: Schedule 1. Name: 2. Address: S8E 3. Number of days City of Corpus Dept. of Engin Attn: Contrac P.O. Box 9277 Corpus Christi Named Insured: Policy Number: Effective Date of BELOW advance notice: Christi aering 6ervicea Administrator TX 78469-9277 THIRTY (30) / Endorsement: 09/25/07 ve: Name (Printed): Title (Printed) CG0205 (11-85) Owner ATTACHINENT 3 1 OF 3 Jul 17 2006 2:57PM Muway International Inc. 361 854 8345 ~~~ J CANCELLATION OvrsION OR cov~RAGE CHANGE ENDOR8EM6NT This eadoreement modit ee insurance provided under the following: / DIIBIy6{88 ADTO ~ COValafil 1COOf V 9i1RAQ)= COV~AGD 1010[ TAQCi~Y COVZRAO)E I016t This redo:aemant change the policy eflective on the inception date of the policy 1_~~__~_.. ~_,v... Y:LLO~~ Endorsement Effective Policy Number 09/25/07 069443217 Named Insured Nuway International, Inc. Couneersigned by days before this policy `la caneellnd or materially changed to reduce or r strict coverage ive will mail notice of the cancellation or change to: (Dater Name and Address) J!//.ffiL ~/ Name Iprinted):_ Title (Printed) i0W[ TD 07 01A - city of Corpus Christi Dept of Engineering Services Atta Contract Administrator P.O. Dox 937? Corp Christi, TX 76469-9277 tl Z Agent ~L7-TIOM L6oVIBSOE OD CONERA6D CEAIQOE etaadard Antostobiie ~Bndorsasrset abed EovssS~r 1, 1167 p.5 o - ATTACffiVIENP 3 2 OF 3 Jul 20 2006 10:1IflM IVuway 7ntarnational Inc. 361 854 8345 p.2 Ii0l2R8R8 COMPgNBATIpN atiD >I1~.LOY8H9 LZASILITY 12780RANCS POLICY XC 49 06 01 (Yd. 7-St) TSXAS NOTICE OP HATEAIAL C~gg ENDORBEHEtiT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. in the event o£ eancalation or other material change of the policy, we will mail advance notice to the persoal or osganization named in the Schedule. The nwnber oP days advance notice is shown in tlu Schedule. This endoraetaent shall not operate directly or indirectly to benefit anyone not named Sn the Schedule. Schedule 1. Number of days advance notice: 30 2. NOti.ce willbe mailed ta: City of Corpus Christi Department of $Rgfaeerng Services Attiia Contract Administrator PtO. BOx 9777 Corpus Christi, TX 78669-9277 This endossement changes the policy to which it io attached and is affective on the .date issued uniesa otherwise stated. (The information below is inquired only when this endorsement Se issued subsequent to preparation of the policy.) Endorsement Bffective ~ Policyy No. 1~ Endorsement No. 7130/Ob TSFOOOi07G234 +'" Insured Premium GSA Partners 5 Co Employees of Nuway International, Inc.n ',,/~ ~-' insurance Company Countersigned Sy: (' • N/ Li~1 ~ / 5~1t ~ ~/i, WCTg2a0S6A1p~ual Ins. Company i~ Name (Printed): C.Michael Schneider. (Sd. 7-e4) Title (Printed): President ATTACHItiIENT 3 30F3 `i.