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C2008-269 - 7/22/2008 - Approved
2008-269 07/22/08 - M2008-182 S P E C I A L P R O V I S NDw'aY 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 CO-ED FOR FIRE STATION No.2 2008 THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVELY PRICED UNDER RFP 2007-1 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TERAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO:J23rJ DRAWING NO: N/A 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 CO-ED FOR FIRE STATION No.2 2008 THIS PROJECT WAS AWARDED VIA JOB ORDER CONTRACT WHICH WAS COMPETITIVELY PRICED UNDER RFP 2007-1 FOR PARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT No: 5235 DRAWING NO: N/A (Revised 6/27!99) ADA Co-ed For Fire Station No.2 PROJECT NO. 5235 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-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award n ~~ns-L--o ~.. ~.,~._: ++..,: ; +~, n.-,...,,~ ( not used} A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage n u! n_(1 n,. v......i ..,-1,.........+ ..F rdayndu (not used) A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ''' ^__'-' ^FF_-- NOT USED A-18 Schedule and Sequence of Construction „ ,~ ^___.«.._~;....__~,~_,.:__ 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Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds NO LONGER APPLICABLE 6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's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 Page 1 of 2 A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work ~~ .._~ .,-~ ~ - ----- - -_ - - - - -- 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 A-41 Ozone Advisory 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 NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmittal Form PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS AGREEMENT PROPOSAL/DISCLOSURE STATEMENT BOND PAYMENT BOND 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: TYPE OF INSIIRANCS NINIMON INSIIRANCE COVSRAGB 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PSR OCCURRSNCE / AGGRSGATB 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 S. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED S INGLE 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. - ^ Eor 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 any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORI:E^' S CC:PE'~SATION COVERAGE FOR BUI?~DING GR C:,NSTRUCTION PROJECTS FOR GGVE-c?1MENT ENTITIES Texas law requires that cost contractors, subcc:a ractors, and others providing work or serv_ces for a City building c= construction prc'ect rust be covered by worre4ed oworkesasiocompensa ce,1aucoverage or an apP-,. seif-insurance, agree~e.^a Even if Texas law does :-.ot require a contractor, subcontractor or others performing project services (including deliveries to the job sitei =~ provide lire such coverage for all indiv duals nrovidisng work the City will requ ect at any time, includinc during the or =_er•:ices on this Proj ,- re uired to main._rance guaranty periaa•`-=ncoof Transportation under "_'exas Civil zegis=er with the Texas Dep Statutes Article 6675c, and which provide accidental insurlaieed Section 4(j) coverace under Texas Civil Statutes Article 6675c, not trovide 1 of the 3 forms of worker's compensation coverage. ': he Contractor agrees t:, comply with all applicable provisions of Texas Administrative Code Titlp 28, Section 110Yoiect cant actf whit:^. is attached and deemed incor orated into the p- Please note that under section 110.110: ' s ,. gy scning this Contract, the Contractor certifies ment_ comF=;• with these Notice to Contractors B equi_e NOTICE .C CON7RACTOAS - 6 (Revises 1/13/981 Page 1 of 7 certain language ^ust be included in theca tractstwith Contract with the City and. the Contractor's subcontractors and others providing sere=ces for the Project; the Contractor '_s required to submit ~o the City certificates of coverage for its employees and for all subcontractors and others providing services on the Prodated The Contractor is required to obtain and submit uP certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. - will timely 8/7 /98 Title 2S. L`iSLR~\CL Part II. TE.L' ~,S ~i'O~ERS~ CO':11PEVSATION COVI~'IISSIO\ Chapter 110. REQLIRED \`OTICES OF COyER..i,GE Subchapter B. E.l1PLOI'ER tiOTICES § 110.110 Reporting tZe°uiremenu for Building or Constrt:ction Projects Cor Governmental Entities (a) The followin¢ words and terms, when used in this rule, shall have the following m^^-anings, unless the context dearly indicates otherwise. Te.^ns apt de5nec in this n:ie shall have the meaning de~ned in the Texas Labor Code, if so de5ned. (1) Certinca:e of coverzge (ce.^.inc:-te!-= ~r,Py of a ce^.incate ci i.^.sttr..ttce, a certincate of authority' to self-insure issued by rite ccmraission, e: a workers' compe:uatien coverage atzreemenc (TWCC-S 1, TWCC-o2, T'RrCC-S3, or I1~CC-S4), showing stanttoryworkets' compensauon insurance coverage for the person's or entirls employees (including those subject. to a coverage agreement) providing services on a project, for rite duration of the project. (2) Buildine or construction-iias the me =^.ia° denned in the T LX?S Labor Code, § 406.096(e)(1). (3) Contractor-A person biddine for or awarded a buildine or consauc'.ion project by a govemment~ entity. (4) Coveraee-Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5) Covera¢e aaeeaent-?. written agreement on form TWCC o i, forn'I'WCC-S2, form i WCC-S3, or form TWCC-84, 51ed with Lhe Texas ~~'orkers' Compensation Commission which establishes a relationship between the parses for proposes of the Texas Workers' CompensatieomnplA°~ Pad sat to the Texas Labor Code, Chapter 406, Subchapters Forand~Gca~°°~f~emP~V~e for persons establishes who will be respottstbte for providing P providing services on the project. (6) Duration of the project-Includes the ..'ne from the beginning of work on the project until the work on the project has bean compie:ed ~-:a accepted by the eoverrmental entity. (7) Persons providing se:~~ces en the eroie^. ("subceniractor" ~. 9 406.096 of the Act)-« nth ue exception of persons excluded under subsecrioru (h) and (i) of this sectioA includes all Persons cr entities performing all or part of the services the contractor has undertaken to perform oa the orojec_ reeardless o: whether that pct: son contracted d'uealy with the cnntractor and reeardless of whether that person has employees. Tris includes but is not limited to independent contractors, stb o efts of ts. leasing companies, motor c..rr'iers, owner-operators, employees of any such enciry, or emp Y ° any eh:ity fi:Tisiting persons to pe:-forttr sewices on the project. "Services" includes bu-'tis n°t It-"vte6 :+orxcc m cowrucrons - ReviaeC 1/13/981 $/~/Os httn'~i•aww scs.state.r...usitad23/II/1 i0B/110.110.htm1 Page z oe i SST:...::: ;:~ Paee ? c: 5 :o p: ~•.:ci _a.::_uiine, or dec•: e:-ing ec_uip,:.e :: cr -~:er.~°s. or or c~idirg labor, :rztspe-z::on, or othcr se:-~:ce : _._._..:o a projer. ''S :'vices' does nct i:~ic~e actin:res ~r.:eiated to the proie ~ _uh zs foodiceverzse vendors, c~ce suppiy deliveries, z-.d delivery of ~or.zble toilett. (8) Pr ciem-is:eludes the crc:ision of all services reiz:ed to a buiidinz or construction co-::act for a gove^ ~e::a entity. (b) Prop:dsg or ezusing to be provided a certificate o: coveraee pursuant to this rule is a represeru:c= by the insured :hat all empioyees ei tae iasttred who are prodding services ca the projer z.-e co:•ered by workers' compensation coverzge, that the coverage is based on proper renortins of cissification codes and payroll amou :ts, znd that aL coverage agreements Fave been filed with the znoreeriate insurance carrier or, in the raze of a self-insured, with the commission`s Division of SeL•'-Lsun .ce Reeuiatior_ Providing f215e or misiezding ce:tiucates of coverage, or aiiin¢ to provide or r..zintain required coverage, or failing to report any c:.anee that materially 2ffecs the provision o: coverage tray abject the contractor or other person providing services on the project to administ,~t:ve penalties, critainal penalties, civil pe:.2ities, or other civil actions. (c) A eeve^.meatal entin• v-:zt enters into a building or conmvc~on contract on a projer s:.2ll: (1) inciude :r tae bid specifications, all the provisiors of para~aph (~ of this subsectie4 using the laagu2ee req::ited by paragrzph (7) of this subsection; (2) az Dart o: the contract, using the language required by parag.2ph (7) of this subsection, require the contractor to perform az required in subsection (d) of this section; (3) obtain ~ cm the contractor a certificate of cover2¢e for each person providing services on the projer, prior to thaz personbeginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coveraee: (A) before tre end of the rsrrent coverage period, if the contlaeot's current certificate ei coveraee shows that'~~.e coverage period ends during the duration of the proiect; and (B) no iazer ~^.aa seven days niter the expiration of Lhe wverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the dttration of the project, (S) retain certificates of coverage on file for the duration of the project and for three years thereafter, (6) provide z copy of the ce:.ificates of coveraee to the commission upon request and to any person entitled :e them by law; and (7) use the Iz::_sage contained in the following Figure i for bid specifications and conuses, •x-ithout any additionzi words or chanees, except those required to accommoaate the specific document in which they zre contained or to impose stricter standzrds of doct:.:,eatation: T28S 110. I 1 G(cl(7) tbl NOSSCE t0 CONiRAC2CR5 - 6 Revised 1/33/961 ea9e 3 of 7 s!"]/CS httplhva-w sos.s.zte.tc.us%tae'~3:'1I/I lOB/I IO 110.htrni Page ~ of 6 T.'+C 110.110 '_) A contractor shy: ;!)provide coverage for iu empic~•ees croviaing services on a project, ~: ~ e duration of the project ~~sed on proper reposing of class~.ca::on codes and pa}Tell amounu a:.c ~::»g of any coverage :ueements; ,,;1 provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginai~g work on '± :e aroject; .;3) provide the governmental enti^~, p^•or to the end of the coverage pe.~ied. =new certificate of coverage showing extenuion of ceverage, if the coven¢e period shown or. t::e contractors current Certificate of coverage ends during t:^•a duration of the project; (4) obtain from each person providing services on a project, and provide to t::e governmental entity- (A) a cetnficate of wveraae, prior to that person b~;.,~;^g work on the croiect, so the governmental e^.tiry will have on file certificates of coverage showing coverage for all per sons providing services on ~.e project; and (i3) no later than seven days after receipt by the coatraaor, a new certincate of coverage showing extension of coverage, if the coverage period shown on the current certincate of coveragr ends during the duration of the project: (5) retain all required certificates o: coverage onfile -for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified snail or personal delivery, within ten days after the contactor knew or should have 'mown, of a~ chastge that materially asxects the Pr°"tst°n of coverage of any person providing services on the project: (~ Post a notice on each project site infoaniag all persons providing services on the project that they tie required to be covered, and stating how a person ttsay verify ~~ impos ~ the A oc ocher provide coverage. This nonce does not satisfy other posting reguir commission tules.l3is nonce must be Printed with a title m at least 30 point bold type as o mammon least 19 point norsaal type, and shall be is both Fn ;eh and Spanish and am other languag to the worker population The tcxt for the aonces shall be the following text provided by the commission on the sample notice, without arty additional words or changes: REQIJI7LED WORKEILS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compe:uanon insurance.::=s includes persons providing, hauling, or delivering eauiomem or tnaieriais, or providing labor or transportarioa or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compersation Coaunission at 512-440-3789 to receive inforntanon on the legs! reouirement for coverage, to verily whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." No:res .o cortrnnczoas - e 8!7/9 ReviaeC t/1J/981 $• `:np://www.sos.state.tx•usltad28/II/110/B/I10.110.htmi r.o~ ~ ~f ~ Ya¢e 4 of 6 $Z'i:C i:v.li0 -: pride services e : = _: oleo to: (8) cc:':zc:,:aily re^c~~e ^-~=: ^eaer: wire :veer.. ~ conuacs :o (A) provide coverage hued on erooer repor.i:.3 of classificarion c;,des and pavreii u: aunts and filin¢ of an}'coverage ae~ree:nenu for °~.' of its e:rpieyees ptovidi.^.g services en [he proie~ , 'or the duration of the prolec.; (B) provide a certificate e: coverage to the coa::actor prior to that person bemstr -^S'~~ork on the project; (C) inciude in all contraes to protzde services er. the projee.:.`.e iargttage in subsec.:en (e)(3) of this section; (D) provide the contractor, Prior :o the end of ;:.e coverage pe^od, a new certificate of coverage showin¢ e:aeasion of coveage, if the coverage period shown on the current certific:::e of coverage ends durine_ the duation of the project; (E) obtain from each other person whit whom is contacs. ann p; ov~de to the cor.-sactor: (i) a certificate of coveage, prior to the other person begin.^ng work on the proje^; °..^d (u~ prior to the end of the coveraee period, a new certificate of coverage showing erersion of the coverage period, if the ccveraec period shown on the curre^.: cettifcate of coverage eaas during the duration of the project: (F) retain all required cetificates of coverage en ale for the duration of the projee. z^d for one year thereafter, (G) notiry the govetamertal entity in writing by certified mpil or personal delivery, within ton days after the person knew or should have known, of any change that materially a&'ects the provision of coverage of any person providing se:~tices on the projee[; and (fi) contractually requue esch other person with whom if rantacs, to perforn u required by subpaagaphs (A)-~ of this pazarsaph,'with the certificau of coverage to be prodded to the person for whom they are providing services. (e) A person providing services on a projee other than a contactor, shall: (1) provide coverage for its employees providing services oa a project, for the doLaznv oovthagperoject based on proper reporting of clusification codes and payroil amounu znd Sling agree.~ents; (2) provide a certificate of coverage u required 'oy its contract to provide services er. the projee., prior to hennaing work on the project: (3) have the following lartzuage in iu contact to provide service on the project: "5y sigrtirtg this contrae. or providing or causing to be provided a certificate of coverage, the person simirtg~ s contac. is representin¢ to the governmental erury that all employees of the person simmg contract who will provide services on the project will be wvered by workers' compensation coverage NOTZCE TO CONTRACTORS - B Revisetl ti:aiee~ 8/7(98 http:/hr~tv.sos.state.tx.usitad23/II/1108/110.110.html page s ~t v .J a^. ~. :,V.l1V odes an6 navrollta-.ounoseutd that all co~~1:zgt Ensee^t 3s wul be filedrwith the 2opropriate lion r-tmission's Division of Self-Insurance insurz".ce artier or, ::. the case of a self irstsea, with the co • the contractor to administrative Regt:iztion. Providing false or misleading iioraatien may subject penzi3es, criminal pe:.alties, civil penalties. er other civil actoas." (4) provide the person for whom it is providing sernces on the Project, prior to the end of the coverage period shown on iu current ne~'u =G=te of coverage, a new certificate showing extension of coverage, if the coverage Period shown on the certificate of cove.-age ends during the duration of the project; (5) obtain prom each person providing services on a pi-ojec, under contract to it, and provide as required by its contras: riot to the ocher erson b~~~^g wow on ~e project; and (A) a certificate of coverage, p P (g) Prior to the end of the coverage period. a new certificate of wverage showing erneasion of the coveage period, if the coverage period shown on the current certificate of coverage rnds during the duraion of the project; (6) retain all required certtncates of coverage on file for the duration of the project and for one year thueafter, _ ('~ notify the governmrntal entity in writing by certifi omail ndi g services onn the a project and sethat ~~~y affects the provision of coverage of anY P the notice within ten days after rho Person }mew or should have known of the change; and (8) contractually require each other person with whom it corttracrs to: (A) Provide coverage based on proper reporting of classification codes and payroll amounu and filing of any coverage agreetneau for all of its e.^rployees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to it prior to that other person beginning work oa the project; (G~ include is all conaads to provide services on the project the language is paragraph (~) of this subsection; (D) provide, prior to the end of the coverage period, a new certit3cate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends durin¢ the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provrae as required by its contract: (i) a certificate of co~'erage, prior to the other person beginning work on the project; and (u~ prior to the end of the coverage period, a new certificate of coverage showin¢ extension of the coverz¢e period, if the coverage period shown on the current cenificate of coverage ends during the NOTTCE TO CONTRACTORS - 6 SI7/98 http://www.sos.state.;x.us/tac/28/II/IIOB/110.110.html Reviacd tii~ise~ p~qe 6 of 7 Yage b of b .3 lAl, t:V.11V duration ci :ie contras.: (F) retain til resulted ceri :.z:~s of wverage en pie for the duration of ::.e project and for one year therea8er, (G) notify t're ¢ovetnme ::ai e^tity in wnuag oy cerunea matt or perso.al aehvery, anthia ten days after the person lrnew or should 'nave (mown, of any change that mzteraiiy affects the provision of coverage of nay person providing services on the project; and (li) conuaruaily require each person with whom it contracts, to petierzn as regttued by this subpazagrapb and subpaza?saphs (A)~G) of this paragraph, with the ce: of care of coverage to be .provided to the person for whom they are provtamg services. (~ If any provision of this pile or its application to any person or ctra:rnstance is held invalid, the invalidity don not affect other provisions or appncations of this rule 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) T1»s rule is applicable fer buiidine or construction contracts advertised for bid by a govertunemal entity on or after September 1, 1994. This tole is also applicable for those bttilding or eoastrttctton contracu entered into on or after September 1, 1994, which are not required by ]aw to be advertised for bid. (h) The coverage requirezttent i.-t this Wile does not apply to motor carie.'s who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Denaztment of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675q § 4G). (i) The coverage requirement in this rule does not apply to sole proprietor, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded from coveragc in accordance with the Ad, § 406.097(a) (as added by House 73[11 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an ~*+~~*~nu polity or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Sonrce: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective Plovember 6, 1995, 20 Texlteg 8609. Return to Section Index N07ICE SO CONYAACSORS - B R~.t:ea trt3iset g/7/98 http://www.sos.state.tx.usitad23/II/1108/110.110.htm1 r.v ~ ac ~ , a ~T h ^ i t ere va - y--n,~--apgr , F..... .1:.. -.l ..F ..4-....: .. -.4 ~.{ - A-d7 Pre-Construction Exploratory Excavations (7/5/00)(NDT USED) } _ .... ~Prie->:' te-aay=-eonst _..- ..,....-__....- .. }he-g~e7eet, ^__} ......,, -a 1......: .. -.l l,. ..c ..i. ..A ..}....}i ~l lsr ...::fi i. .a "iiaa.~. , F 4L... `.4 t eT~rl. ..ll ypp E ~ } ~1 .-.4~ .. _..J py.{.i e ~ ~ ~iu : , Di 'L C'~a'Pi P'-Y" TIC ,., ..F inn _F....} n n ..,~ ^,. . v ...~.i .. i. . .r y ..},-....}..,- .. h =.t t__-C ~.~6ii ,... ~.. s..~4 ~~ r A-48 Overhead Electrical Contractor shall comply with of construction equipment overhead wires crossing the Contractor shall use all due safety is provided for all regard to ensuring that n facilities occurs. (7/5/00) all OSHA safety requirements with regard to proximity beneath overhead electrical wires. There are many construction route and along the construction route. diligence, precautions, etc., to ensure that adequate of his employees and operators of equipment and with o damage to existing overhead electrical wires or 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 21 SUBMITTAL TRANSMITTAL FORM PROJECT: ADA Co-ed Fire Station No.2 OWNER: CITY OF CORPU3 CHRISTI Project Manager: Basil Granato CONTRACTOR: Nu-Way International SUBMITTAL DATE: APPLICABLE SPECI: OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (RFP JOC JAN 2007) Page 21 of 21 PART C - FEDERAL- WAGE RATES & REQUIREMENTS a u~ja. a va .~ General Decision Number: TX080061 07/25/2008 TX61 Superseded General Decision Number: TX20070063 State: Texas Construction Type: Building Counties: Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 02/08/2008 1 05/09/2008 2 06/2"7/2008 3 07/25/2008 BRTX0001-005 05/01/2008 Rates Fringes BRICKLAYER .......................$ 21.06 6.70 ---------------------------------------------------------------- ELEC0278-001 08/27/2006 Rates Fringes ELECTRICIAN ......................$ 18.45 4.75+7~ ---------------------------------------------------------------- IRON0066-002 06/01/2007 Rates Fringes IRONWORKER .......................$ 17.90 5.00 --------------------------------------------------------- PAIN0130-001 07/01/2005 Rates Fringes PAINTER ..........................$ 15.15 9.42 --------------------------------------------------------- * SUTX1987-002 03/01/1987 Rates Fringes CARPENTER ........................$ 9.96 Cement Mason/Finisher............$ 12.50 LABORER: Mason Tender...........$ 7.14 LABORER ..........................$ 6.55 Plumbers and Pipefitters (Including HVAC) .................$ 10.05 http://www.wdol.gov/wdoUscafiles/davisbacon/TX61.dvb 7/25/2008 ra~c ~ ~i ~ review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. . Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdoUscafiles/davisbacon/TX61.dvb 7/25/2008 A G R E E M E N T THE STATE OF TERAS § COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 22ND day of JULY, 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 Nuwa International, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $69,922.28 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ADA CO-ED FIRE STATION NO. 2 JOB ORDER CONTRACT - PROJECT NO. 5235 (TOTAL BID: $69,922.28) 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 N O W A Y ERNA110NIIL Inc May 30, 2008 2627 Holly Road Corpus Chriatl, Texas 78415 Office: 361.664.8833 FAX: 361.854.831b nuwav6~labcalobal.net vnww.nuvrayintemational.com Mr. Angel Escobar,_P.E. CORPUS CHRISTI JOB ORDER CONTRACT Scope of Work 2004 BOND IMPROVEMENTS ADA Co-Ed Firestation Improvements 2004 Bond Improvements Project # 5170 FIRESTATION #2 ADA CO-ED COMPLIANCE -~ rJ Z.3 S At 13421 Leopard Road Nuway International, Inc. is pleased to provide pricing for work in accordance with the referenced historical drawings and scope of work. This Scope of Work and clarifications are included herein to provide:. Firestation 2 ADA Co-Ed, 2004 Bond Improvements to Fire Department Facility Acknowledged Reference: Morgan Spear Associates -Plans and Specifications 2000 and 2004 Reference Nuway International, Inc.: Morgan Spear Associates -Plans and Specifications Facilities Director -Asst. Chief Joe Gonzales Interviews, attached pictures Site Visits Preliminary Scope Adjustment Meeting with Engineering and The Department SCOPE SUMMARY ADA and Co-Ed Firestation Improvements MOBILIZATION /DEMOBILIZATION: 1. Mobilize and Demobilize Special Equipment required for this project 2. Secure the Assigned Laydown and Material Storage Area 3. Secure and protect the Construction Pathways and Work Areas 4. Provisions for health and safety will be afforded. 5. In the affected construction and pathways, all Facility Equipment will be relocated and the responsibility of and by the Department affected. 6. Layout the entire construction area to the Final Scope of Work and Sketches. 7. Construct temporary security fencing, providing egress and ingress for continued operations of the affected Facility. DEMOLITION: Exterior 1. Remove Fire Captain's Quarters storefront entry door and secure opening and materials. 2. Remove Common Area storefront system to the extent necessary for new ADA Entry Door installation. 3. Remove landscaping to the extent necessary to provide ADA Entry pathway. 4. Remove landscaping to the extent necessary to provide sidewalk to ADA Entry. 5. Excavate and trench beneath building to access tie-ins for new Co-Ed Dormitory Restroom. 6. Saw cut slab as necessary tc access tie-ins for new Co-Ed Dormitory Restroom. Interior 1. Remove all fixtures and accessories from Common Area Restroom. 2. Remove door, frame and hardware for Common Area Restroom. 3. Remove fiberglass shower unit in Common Area Restroom. 4. Remove angled drywall system in Hall (Behind Shower) 5. Remove all cabinets in Hall Storage Room and provide to Fire Department. 6. Demolish suspended ceiling system as required for installation of new Co-Ed Dormitory Restroom. 7. Demolish existing wall systems as required to access utilities for new Co-Ed Dormitory Restroom. 8. All materials removed will be disposed at proper dumping locations. INCLUSIONS: ~ -~. Provide a new ADA Compliant walkway and Building Entry into the Common Area through the existing storefront window area. ~2. Provide a storefront closure to the Captains Quarters storefront system. .~3. Provide placement of existing casework into the Captain's Quarters. 4. Remodel the existing Common Area access Restroom to ADA Compliance. ~nr ~N ~5. Provide an ADA Compliant water fountain in the Common Area. sc„pe- 6. Repair the flooring and base system as required to match existing. 7. Provide a Dormitory located Co-Ed Shower/Restroom. 8. Provide sleeping area divisions with lockers and a ceiling supported curtain system. 9. Provide a shelf, light and free standing fan. CONSIDERATIONS: 1. All work to begin at 7:00 am to 4:00 pm 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. All construction debris will be removed from the site. 4. Hazardous materials survey and/or abatement are not included in this proposal 5. Assigned parking for Nuway workers will be hohored and no-work days will relinquish assigned spots to the Public. EXCLUSIONS /CLARIFICATIONS: 1. Geotechnical and Engineering Tests/Reports. 2. Environmental Testing. 3. Hazard Material Testing and Removal. 4. Permitting: TDLR -registration and submission by City. 5. Security devices and connections are not included in this proposal. 6. Any and all item§ not listed above. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 70 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: City Secretary CITY OF CORPUS CSTtIS//TI By: sGk.., ~(~t/ep Ang Escobar, Interim ss . Ci Mgr. of Public Works and (Jtilities APPR AS TO LEGAI. CORM: ~ i~~~ ~ /~~ !~ By; ~ O/ By: l Asst. City Attorney Kevin Stowers, Interim Director of Engineering Services AT T: (If Corp rat)I (Seal Below) I/~ll/K,~t''.lJ CONTRACTOR Nu~aa international Inc. By; ~ ti Title: (Note: If Person aigaing for corporation is not President, attach copy of authorization to sign) O`~~~ ERNgT -"'iii 3~~} \9f zl * '~ ~. .~ 2621 HOLLY ROAD (Address) CORPUS CHRISTI, T]{ 78415 (City) (State)(ZIP) 361/854-6833 * 361/854-8345 (Phone) (Fax) Agreement Page 2 of 2 ' ~ a AUTHORIit~ er caunca....~7~~a.~Q~.. P A Y M E N T B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Numa International Inc. of N-U~ECE^S County, Texas, hereinafter called "Principal", and (dC~Te-c- -t-Y13L~i~a~1nC~.~ . a corporation organized under the laws of the State ofTeX0.S 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 SIXTY-NINE THOUSAND NINE HUNDRED TWENTY-TWO AND 28/100($69,922.28) 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 22ND day JULY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: ADA CO-ED FIRE JOB ORDER CONTRACT (TOTAL Sid: STATION NO. 2 - PROJECT NO. 5235 $69,922.28) 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 wh'ah shall be deemed an original, this the Jr day of (,~ ~ 20~_. PRINCIPAL & Title) tle) By: -';.r,' r .'f.o Attorney-in-fact ``__ ~~)) ~' (Print Name) :7 ~' ,~ ~i ` :y ,. Y~~~~,/)J (1ra 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 dust not be prior to date of contract) (Revised 3/OB) Payment Bond Page 2 of 2 hP l rn~ ~, lean/ r~ .L~ O lf~ ~ ~~ ~ l0 '1 ~ t P 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 Nuwa International Inc. of NUECES County, Texas, hereinafter called "Principal", and '_ a corporation organized under the laws of the State of 2K0.S 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 SIXTY-NINE THOUSAND, NINE HUNDRED TWENTY-TWO AND 28/100 ($69,922.28) 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 22ND of JULY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: ADA CO-ED FIRE STATION NO. 2 JOB ORDER CONTRACT - PROJECT NO. 5235 (TOTAL Bid: $69,922.28) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as. provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each on of wh'ch shall be deemed an original, this the 5+.3- day of ~!~ ~ 20Q~. PRINCIPAL Z e na-t-i n ct . i~ By: // / ~~ i' r u / /~ T~ ! /d f /~ eS'~GIe~J Print Name & Title) ~. ~ i~~ -~ SURETY ,~ :,~ 4. '~\ Bv: ~n. o `' ~ -` -, :° Attorney-in-fact ~' ~~ba~~.~V~w~:~m~:: ~,: (Print Name) ~°..' _'~~^"' The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Ageacy: Contact Person: Address: Phoae Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 POA a: 4221025 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint peal G. Adam, Peter S. Batjer, Joseph P. O'Connor, Randall Severance, Lisa W. Friend o Annette U. Smith, Barbara Newcomb, Susan D.B. Muniz, Kari N. Wirth of son Angeto, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to [he conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said 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 Duec[ors 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 act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, connects, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in•Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding uponthe Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on Ids ojAprel, J999) In Witness 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. SUnANC RETEC INS CE COhiPAPiY `a r... ~ FP r ~W~ x ..q..lo$ By. w •..~yrit BiI1lCing, re nt State of Texas ss: County of Harris '~ ~ '~ % ~ ... 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 insnument; that he knows the seal of said Company; that the scat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Mllchetle Denny ~~ ~~~,~-. ~~• 81ats W Texot ~r ~,~t^,~i ~ CMIMnbd011 F>~~ Michelle Denny, Notary Pub tc AugUOF 27, 2008 My commission expires August 27, 2008 i, M. Brent Heaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and coned copy of a Power of Attorney, executed by said Company, which is still in full force and effecg and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and eRect. Given under my hand and the seat of said Company at Houston, Texas this 5~ day off-4 ~ , 20 ~, A.D. M. Brent Beaty, Assistant Se re ary Any Instrument Issued in excess of the penally stated above Is totally void antl without any validity. For veriflcatlon of the authority of this power you may call (7131812-0800 any business day between 0:00 am and 5:00 pm CST. CITY OF CORPUS CHRISTI "`^~ DISCLOSURE OF INTERESTS City of Corpus Christi ordnance 17112, as amended, requires aN persons or firms seeking to do business with the City to provide the following information. Cwery question must be answered. If the question is not applicable, answer with 'NA'. FIRST NAME: Nuway International, Inc. STREET: 2621 Hilly Road CDY; Corpus Christi 7~p; 78415 FIRM IS: r^1. Corporation ^2. Partnership ^3. Sde Owner ^4. Association ^5. Otirer DISCLOSURE QUF~TIONS ti additional space is necessary, please use the reverse side of ttus page or attach separate sheet 1. State the names of each 'empbyee` of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named `firm'. Name Job Title and City Department (d known) NA 2. State the names of each "official' of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership in the above named "fum'. Name Titre NA 3. State the names of each 'board naanber" of the City of Corpus Christi having an `ownership interest' constituting 3% or more of the ownership in the above named 'firm'. Name Board, Commission, or Committee NA 4. State the names of each empbyee or officer of a `consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest constituting 35 or more of the ownership in the above named 'firm'. Name Consultant NA CERTIFICATE I ceAify ttiat aN information provided is true and correct as of the date of this statemerd, that 1 have not knowingly withheld dlactosure of any information requested; end that supplemental atatemerds wNl be promptly submitted to the City of Corpus Christy, Texas as changes occur. Certiying person: Omero Luna -titre: Project Manager (Type or Print Signature of CertHyino Person: ti`i~.J.~ ~ Date: May 17.2007 Sep 24 2007 `2:43WM Kingsbury Ins d R Peetz F 361-887-7799 p.2 ACORD CERTIFICATE OF LIABILITY INSURANCE ~ r, LY 1 09 2a o7 PRODUaa THIS CERTIFICATE IS ISSUED AS A MATTER OF IN N-6O ONLY AND CONFERS NO RX>7HT8 UPON THE CERTIFICATE Kingsbury Agency - Insurance HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3038 S. Alameda St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TZ 78604-2601 phone: 361-887-7722 Sar:361-867-7799 MSURERSAFFORDINGCOVERAGE NAX:aQ IN811RED NTAIRERA' Admiral Insurance Co aC NTAJRER B: Mt. HaTg10 Insurance Co. NURY Interspt } nal, I60. WSIJRER C: 0 CorpuaaChsiatigTXe 78a27-0896 NRURER D: NBURER E: THE POLICIES OF NBURANCE UBTEDBELOW HAVE BEEN 168UEO TO THE NaURW NAAED ABOYE FOR T!£ POLICY PERIOD NDICATED. NO7WR118TANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH REBPECTTD W WCH THIS CERTIFK:ATE WYBE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLK:E80ESCRIBW HEREW I68UBJECTTOAJI THE TERMS, E7(CLUSIONB AND COMDRIONB OF 9UCH ' POLICIES. AGOREGATE L61TI5 BNOWN LNY INVE SEEN REWCEO BY PAKI CLNMS. - LTR 8 TYPE OFIMIIRAN POUCYNIIMalA GATE LIMIT a OEMERAL LUURLLTY EACH OCCURRENCE f 1 OOO, OOO A X COMMETICIALGENERALLVI6KRY CA00000965302 09/25/07 09/25/08 PREMISES oee:.ne. s50 000 ClA1MS MADE ®OCCUR ~ AIED EXP(AmJ are PMNN f X InCI Psem-Oiler, PERaoNUanmINJURY f 1 000,000 Contractual* GElERALKiDREGN7E f2 000 000 GEN'L AGGTR?GA7E L RAPPI-IFS PER: W PRODUCTS-CpAPADPAI7G 32,000 OOO ~ p POLICY X JECT LOC AUT OMOaLl LYIaNRY I ~; NGLE LIMB f ANY AlRO ~ ALL OWNED AUT08 BODILY 1NJlAiY S 6CHf11ULE0 AUTOS <P°Pa~1 HliED AUT08 BODIIY INJURY f NON-0VJf1EDAUTO& BVr pcdarAJ ' PROPERTY DAMAGE f m«,~aa.n1 GpMGE LUUfIJTY AUTO ONLY-EA ACCIDENT { ANYAUTO EA AOC OTHERTHAN S AUTOONLY: AOO i E70C188NMBRlLU1LM&LRY ` EACHOCCURRENCE f I OOO OOO B X occuR ~ClA1MSLMDE MXL0365635. 09/25/07 09/25/08 AGGREGATE s1 D00,000 F DEDUCTIBLE ,/ v f RETENTION f B WORKERS COMPe14TKN1 AND ' TORY 4MRS ER EMPLOYERS LU1aL1TY ANY PROPRIETOP/PARTNER/E1~CUTIVE E. L. EMUi ACCnENT S OF FI CERM7EMBER E%CLUDEOt ~ E. L. OIBEABE-EAEMPLO S y gq P P ~ S E AL P IONS btlar CI R R IS E.L WBEABE-POLK:Y LWIIi S OTNlR D!$GSPTION OF OP73fATODN6 /LOCATIONS /VEHICLES / E7ICLUSKINS ADDED BYENOORBEM@1T /SPECIAL PROM&ONi *8road 8orm Property Damage, indepeadent Contractor, XCO. [blbsella Liability is over Genesal Liability 6 Auto Liability only. Project Hama: RSP No, 2007-01 Job Order Contract (JOC) Minor Construction, Repair, Rehabi litation and Alteration of Facilities. The City of Corpse Christi is named a s additional insured on the Gon Lisb as required by tlritten contract. CERTIFICATE HOLDER CANCELLATION CITYCC2 SNWIA ANY OF THE ASOVE DPJCPo!!O/OLIdlS al G1NClLLEO at30RE THE EKRRATION j DATE THEREOF, THE Ni81RNa WeUR9i YRLL INDEAVOR TO R4{B- 3O pAYS WRITTEN City Of COrp118 CIIriBt], ~' NOTCE TO THE CERTIFK:ATE MOLDER NAMED M7l1l LET, SUT FAILURE TO DO SO SHALL ,Dept: of Engineering Services Attn: Contraot Adminiatratos alPOeE NOOBLgATMJN OR LUUNLRY OFIWY qNO UPON THE INlURER.R8 AGENTS OR P O BOIL 9277 REPRESBITA7NE6. Corpus Christi TX 78469-9277 p ea ~~ ACORD ZS (2007/081 - - ~ ~ ®ACbRD CORPORATION 1988 Sep 24 2007 2:44PM Kingsbury Ins 8, R Peetz F 361-887-7799 p.5 IMPORTANT ff the certificate holder is an ADDITIONAL INSURED, the poticy(les) must be endorsed. A statement on this certificate does not oonfer rights to the certificate holder in Ifeu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cer~in policies may require an endorsement. A statement an this cert'fiicate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not conslKute a contrect between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affimtatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2s Sep 24 2007 2:45PM Kingsbury Ins & R Peetz F 361-897-7799 p.6 D"0 -~D oY; ACORQ CERTIFICATE OF LIABILITY INSURANCE ~Y 9 ND 3 PRODUCER THIS CERTIFICATE IS ISSUED 143 A MATTER OF INF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Richard L Peeta , Farmers Agent HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3038 S. Alameda St. ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. Corpus Christi TX 78404-2601 Phone: 361-887-7801 Fax: 361-687-7799 INSURERS AFFORDING COVERAGE ~NAICN INSURED INSURER A: TICtECTC InfUraRCO SxChaR e INSURER & / Nuway Internatlonal , ITSC. e4 INSURER C: gg r C~ir~iatz7TX978427-OB98 C WsuRERD: pus o INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 7NSUREO NAMED ABOVE fOR THE POLICY PERIOD NIDICATED. NOTWITNBTANDRiG ANY REQUIREMENT, TERM OR CONORK)N OF ANY CONTRACT OR OTHER DOCUNENT WRH RESPECT TO YMK:N THIS CERTIFICATE MAYBE 186UED OR MAY PFRTAW, THE INSURANCE AFFORDED BV THE POLICIES OESLRaED MEflEIN IS SUBJECT TO ALITHE TERMS. E%CLU810 N8AND CONOIRON6 OF SUCH POLICIES. AGGREGATE LEArTS SHOWN MAV HAVE BEEN REDUCED BY PND CLAaI&. LTR R TYPE OF INSURANCE POLN:YNWBER DA E NMRI UMRS 661EML IJABILRY EACH OCCURRENCE S COMMERGAL GENERAL LMBKITY PREW8E6 EP OavPnb~ E CLAIMS MADEOCCUR MED E%P(MyanA perean) 8 PERSOMALSAW kUURY b ' GENERAL AGGREGATE b GENT AGGREGATE LIM IT APPLIES PER: PRODUCTS-COMPIOP AGG E aa ,POLICY JELT LOC MIT ONOaLe WSIIRY NE ~INGLE IIMR D eB ~ "S 1 ODD 000 A ANY AUTO 069443217 09/25/07 09~25~OB ~ „ (Ea ~ , , ALL OWNED PlJTO& / ! BODILY INJURY S ]( 6CMFDULED AUTOS d (Px pxAm) ~( HIRED AUTOS BODILY INJURY S X NON-0WNED AUTOS (Pxx~Eant) PROPERTY DAMAGE (PxacdOrrt) b OARAOE l1ABEATY AUTO ONLY-EA ACCIDENT i ANY AUTO - 071iER THAN EA ACC t AUTOONLY: AOG E EKCESUUMBREILA WBIIRY EACH OCCURRENCE E OCCUR ~ CUIM6 MADE AGGREGATE S E DEDUCTIBLE E RETENTION i E WORKERS COMPWB1R1D1/AND TORY LSAITS ER EMPLOYERB'LUIBILITY ANV PROPRIETORA°ARTNERrFXECUTIVE ~ E. L. FACH ACCIDENT E. OFFICERMEMBER E)(ClUDEOT E. L. DISEASE-EA EMPLD E M yyww,, AAApibe uMer bPEC1AL PRCVI610N&Glav E.L DISEASE-POLICY LBST b OTHER DESCRMTgN OF OPERATN)N8 / IOCATNINS / VeYCLEB / EIICLUSA0118 ADDED BY ENDORBEMENTI aPEGAI PROVaWNB / Projoct Namo: RF'P No. 2007-O1 Job Order Coatract (JOC)Minor Construction, A/ U Repair, Rehabilitation, and Altezation o£ Sacilities. The City of Corpus Christi is named as additional insured on the Auto Liability policy as' required by written contract. CERTIFICATE HOLDER CANCELLATION CITYCC2 SNWLD ANY OF THE ABOVE OESCRISLD POIJCIIS BE CIWCELLED BEFORE THE EXPoRpTN)N ~1 DATC THEREOF, TILE IS601N01NEUPER WEI ENDEAVOR TO AUUL 3O DAY6 WRRTEN Clty Of COYpU3 CI1r18 ti. NOTICE IO THE CEATSiCATE HOLDER NAMED TO THE LEFT, BUI FAIWRF TO DD 608NA1L Dept. of Engineering $erVi.Cea INPOSE N008LNiAT10N OR lIABiLT'OF ANV KIND UFON T/E INSURER, ITB AOEMS OR Attn: Contract Administrator P O Bex 9277 EBENTATNES. Corpus Christi TX 7 8 4 69-92 77 nurxo - THE ACORD 25 (2001!06} ®ACORD CORPORATION 1966 Sep 24 2007 2:46PM Kingsbur9 Tns 8 R Peetz F 391-997-7799 p.9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poltcy(fes) 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), 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. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID SZ DATE (MM/DDM'YV) G6AST-1 02 25 OS PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cravens/Warren S 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# INSURED INSURER A: maxaa Mutual Inavranee Co~epany / INSURER B: G6A Partners `b/ INSURER C: 4001 WOOdW8YY 210 INSURER D: Houston TX 77 56 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WITHSTANOING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 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 NSR TYPE OF INSURANCE POLICY NUMBER LI YE FECTI E DATE MMmDM- U DATE MMR1D/YY LIMBS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY PREMISES (Ee occurence) E CLAIMS MADF ~ OCCUR MED EY.P (Any one Forson) PERSONAL BADV 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 ANY AUTO (Ee eccitlenU E ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) E HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per acatlanq E PROPERTY DAMAGE E (Par acdtlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN EA ACC S AUTO ONLY: qGG E EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE S RETENTION E y WORNER6 COMPENSATION AND ' X 70RV LIMITS ER A EMPLOYERS LIABILITY TSF0001076234 02/23/06 02/23/09 E L EACH ACCIDENT a1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE . . OFFICER/MEMBER EXCLUDED? EI.DBEASE-EAFMPIOYCC •loeooeo If yes, tleacribe antler SPECIAL PROVISIONS DBIOW E.L. DISEASE-POLICY LIMIT EIOOOOOO OTHER DES CRIPTION OF OPERATIONS / LOCATIONS I VEHIC LES I EXCLUSIONS ADDED BY ENDORSE MENT I9PECIAL PRO VISIONa RE: Job Order Contract (JOC) Minor Construction, Aepair, Rehabilitation, S Alteration of Facilities. Co Employees of Nuway International Inc. 6 G6A 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. City of Corpus Christi P.O. Sox 9277 Corpus Christi TX 78469 CITCOR2 SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE NE EXPIRATIO / DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO W BO SHALL V IMPOSE NO OBLIGATION OR LUIBILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR 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. i 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 SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered O erations Blanket as required by written contract V Information re wired to com lete this Schedule, ii not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury' "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the pertormanre of your ongoing operations for the additional insureds) at the location of the the additional insureds) at the location(s) desig- covered operations has been completed; or Hated above. 2. That portion of "your work" out of which the injury or damage arises has been put to ifs in- Named Znsured: Nuway International, Inc. tended use by any person or organization other than another contractor or subcontractor en- Policy No.: `~ CA00000985302 gaged in pertorming operations for a principal as a part of the same project. Effective Date of This Endorsement: 09/25-07 Authorized Representative: / ;~ ~ f ~ Name: Pat 3i. King bur -Title;-. Agency Owner CG 2010 07 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. 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 With 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 Cou reigned By;/,,) Named Insured: ~~~ ~ b NUWAY INTERNATIONAL, INC. AuthorizN 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 fir no emry appears aoove, mronnanon 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. B. The additional 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 authorized to act for the additional in- sured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we 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:'S7PM' Nuway International lnc. 361 d54 d34S p.4 GENERAL LLABILITY THIS ENDORSEM CHANGES THE POLICY - PLEASE READ IT CAREFULLY TEXASCHANGES-AMENDMENT OF C CELLATION PROVISIONS OR COVERAGFs CFIANGE This endorsement me J COI~IERCIAL OEI LIQUOR LIABIL: OWNERS AND CO1 POLLUTION LL41 PRODUCTS/COMP1 RAILROAD PROT1 In the event of : restricts the ineu~ mail prior written : ifiea iaeurance provided under the following: LIABILITY COVERAGE PART COVERAGE PART CTORS PROTECTIVE LIAHZLITY COVERAGE PART LLITY COVERAGE PART TED .OPERATIONS LIABILITY COVERAGE PART TIVE LIABILITY COVERAGE PART ncellation or materiel change that reduces or . nce afforded by this Coverage Part, we agree to otice of cancellation ar material change to: Schedule 1. Name; S E BELOW 2. Address: SEE BLOW 3. Number of days advance notice: THIRTY (30) City of Corpus Christi Dept. of 8ngin Bring Services Attn: Contras Administrator P.O. Hox 9277 Corpus Christi TX 78469-9277 Named Insured Policy Number: Effective Date of zed Name (Printed):_ Title (Printed): CA00000985302 s Endorsement: 09/25/07 ive: J '~JIti y Owner CG0205 (i1-85) ATTAC»41ENT 3 1 08 3 Jul 17 2D06 2:$7PM Nuway International Inc. 361 854 8345 TE 02 O1Ji CANCELLATION OVISlON OR COVBRAGE CHANGE ENDORSEMENT This eadorsaineat modif ea insurance pzovided wader the following: J svalNSes AoTa covsRAOS same aARaas eovs~Aas some Tmrc~ssB covssAOS ionic This eodorsemaat change the policy effective oa the inception date of the policy ..,,7e.e .nnther dae i^ i~icated belowe Endorsement Effective Policy Number / / 09/25/07 069443217 .V Named Insured ~ ~ Nuway International, Inc. Countersigned by J TwIRT7 changed to re or change to: ..,,.....,.. ~ya....or. o. o...... ~.. ~ , days before tbi• policy is cancelled or matsrially or r trice coverage ive will mail notice of the cancellation (Eater Name and Address) '_L1 ~~ Name IPrinted):_ Title (Printed) City o! Corpus Christi Dept of Sngineeziag services Atta Contract Admiaiatrator P.O. Box 9]77 Corp s Christi, 'TI 78469-9177 V Peet V 10A1[ TR 07 03A - CATION PROVISION OA COValAOi C8AN0! ~ORll~i Tsxa 9taadard Aut®obile mdoraessatC Prea ribsd NoveeOMr 1, 1lB7 p.5 ,, ATTACffi1~N'P 3 20F 3 Jul 20 2006 1O:11flM Muway International Inc. 361 654 63#5 p.2 IiOR118Ft8 CONP>CtBATION ~ >8O+LOYHRB LIABILITY INBCtRAt7CS POLICY 14C 47 06 O3 iSd. 7.8q TEXAS NOTIC& OP MATfiRIAL EFtaunr ibsnnnnnuw..,.. Thfe endoraeme>zt 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£ cancelation or other material. change of the polioy, we will mail advance notice to the persal ox organization named fn the Schedule. The number of days advance notice is shown in the Schedule. This endoraetunt shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule 1. Number of days advance notice: 30 z. Notice will be mailed to: City of Carpus Christi Departmene of engineering services Abtnr Contract Admi:niatrator F.A.,. Bo% 9277 Corpus Christi, TX 78969-9277 This endorsement ehangee the policy to which it is attached. a»d is effective on the date issued uplees otherwise stated. (The information below. ie required o»ly whe» this endorsemenC is issued subsequent to preparation of the policy..! Endorsement Bffeetive ~ Folicyy No. 7/70/06 TSFO001076234 Endorsement No. Insured G6A Partners fi Co Employees of Nuway International, Inc.//premium $ Insurance Company ~ countersigned By: ('•~ih a/„S,.L~.. __ J.. Texas Alutual Ina. Company WC 42 06 01 Name (Printed): C,Z;tichael Schneider lBd. 7-a9) Title (printed): President ATTACtil1~NT 3 3OF3 'r'