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HomeMy WebLinkAboutC2009-300 - 6/30/2009 - ApprovedZoo9-300 MZOO9-ig4 o~i3olo9 Nuway International S P E C I A L P R Q V I S I S P E C I F I C A T I O N S AND F O R M S o f C O N T R A C T S A N D B O N D S ~~~ FoR CENTRAI, LIBRARY EXTERIOR RENOVATIONS 2009 FOR PUBLIC FACILITIES/CENTRAL LIBRARY CITY OF CORPUS CARISTI, TEXAS Phone: 361/826-7000 Fax: 361/826-7046 PROJECT NO: 4392 DRAPING NO: (NONE ~~ PROVIDED INDEXED (Revised 6/27/99) CENTRAL LIBRARY EXTERIOR RENOVATIONS 2009 PROJECT NO. 4392 TABLE o~ coNTENTs NCTYCE T4 CONTRACTORS - A Insurance Requirements Revised May 200G} NCTZCE Tq CCNTRACTgRS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A ~- SPECIAL PRCVYSZ~NS A-2 Definitions and Abbreviations A-3 Description of Project A-5 Items to be Submitted with Proposal. A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-l4 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-l3 Area Access and Traffic Control A--14 Construction Equipment Spillage and Tracking _. 1 M L' 7!`7 "1 Y'1'~1 T 7 t1ri _- !LY~~ ~/17Y1l1'C7~ p-V Ll .!. ~.] A-1.6 Disposal/Salvage of Materials A-18 Schedule and Sequence of Construction A-2D Testing and Certification A--22 MinoritylMinority Business Enterprise Participation Policy Revised 10/98 A-23 Inspection Required A--24 Surety Bonds ' NC LONGER APPLICABLE 6/11/98} A--26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims ~,-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 A-36 Other Submittals ~~ AMR A-38 Worker's Compensation Coverage for Building or Construct~.an Projects for Government Entities A--39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B--S-6: Partial Estimates A-41 Ozone Advisory A--42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless X9/98} A-44 Change Orders X4/26/99} . A~-45 As--Built Dimensions and Dra~ings A-~48 Overhead Electrical Wires X7/5/04} A-~49 Amend "Maintenance Guaranty" X8/24/04} Submittal Transmittal Form PART H - GENERAL FRGVISI4NS PART C - FEDERAL WAGE RATES AND REQUTAFI~ENTS; AGREEMENT PROP03AL/DISCL03URE STATEMENT PERP'4RMANCE BCN13 PAYMENT BOND Page 2 of 2 NOTICE TO CONTRACTORS-A NOTICE TO CONTRACTORS - A INSURANCE REQUIRSMLNTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMt~ INSURANCB CoVBRAG$ 30-Day Notice of Caacellatioa required on Bodily Injury aad Property Damage all certificates PBR OCCIIRRSNCB / AGGRBGAT$ Commercial General Liability including: $x,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 Farm Property Damage g, 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 $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental [] REQUIRED discharge; to include long-term NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section 8-6-11 and Supplemental Insurance Requirements D REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section Bw6-11 and Supplemental Insurance Requirements -• ~ REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except workers compensation liability coverage. OThe same of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the city with thirty X30} 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-ll or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should. you have nay questions regarding insurance requirements, please contact the Contract Administrator at 8a0-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S C~ENSATION INSURANCE REQUIREI~NTS Page 1 of 1 ~ Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTE~t 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Cons ruction Projects for Governmental Entities ~a} The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly Indicates otherwise. Terms not def ned in this rule shall have the meaning def ned in the Texas Labor Code, if so def ned. ~I} Certif sate of coverage certificate}--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' com ensation covers e P g agreement (TV~CC-S ~, T'~'CC-8~, T'~VCC-83, ar TwCC-84}, showing statutory workers' compensation insurance coverage for the person's or entity's employees including those subject to a coverage agreement} providing services on a project, for the duration of the project. (2) Building orconstruction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). ~3} Contractors-A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). ~5} Coverage agreementw-A written agreement on farm T~VCC-8l, form TwCC-82, form TwCC-$3, or form TwCC-S4, filed with the Texas workers' Compensation Ca~nmission which establishes a relationship between the parties for purposes of the Texas workers' Gompensati~n Act, pursuant to the Texas Labor Code, Chapter 446, Subchapters F and ~, as one of employerlemployeeond establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. ~6} Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. ~?} Persons providing services on the project ~"subcontractor" in §446.096 of the Act}--with the exception of persons excluded under subsections ~h} and ~i} of this section, includes all ersons .. P or entities performing all or part of the services the contactor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and re ardless .. g of whether that person has employees. This includes but ~s not l~m~ted to inde ndent . ~ ContractOrS, SUbCOntvdctors, leasing companies, motor carvers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the ro'ect. pJ Page ~ of I I "Services" includes but is not limited to providing, hauling, ar delivering equipment or materials, or providing labor, transportation, or other service related to a pro ject. "Services" does not include activities unrelated to the project, such as foodlbevera a vendors, office su 1 g pP ~' . _ deliveries, and delivery of portable toilets. ~S}Project--includes the provision of all services related to a building or construction contract for a governmental entity. fib} Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are rovidin services on the . p g pra~ect are covered by workers' compensation. coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that ail coverage agreements have been f led with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading certif cafes of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may sub ject~ the contractor or other person providin . ,. .. g services on the project to adrninlstrat~ve penalties, cr~m~nal penalties, c~v~l penalties, or other civil actions. ~c} A governmental entity that enters into a building or construction contract on a project shall: ~l}include in the bid specif cations, all the provisions of paragraph ~7} of this subsection, using the language required by paragraph ~7} of this subsection; ~2} as part of the contract, using the language required by paragra h ~7} of this subsection . ~ p require the contractor to perform as required ~n subsection ~d} of this sect~an; ~3}obtain from the contractor a certificate of covers a for each erson rovidin sere' g p p g ices on the project, prior to that person beginning work on the project; ~4}obtain from the contractor a new certif sate of coverage showing extension of covers e: g . ~A}before the end of the current coverage period, ~f the cont'ractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and ~B} no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certif cafe shows that the coverage eriod ends . p during the duration of the project; . ~5} retain certif cotes of coverage on file for the duration of the project and for three ears Y thereafter; . ~G} provide a copy of the certif cotes of coverage to the commission upon request and to an Y person entitled to them by law; and. ~7} use the language contained in the following Figure 1 for bid specifications and contracts without any additional words or changes, except those required to accommodate the s eeife . .p document ~n which they are contained or to impose stricter standards of documentation: Attached G~hig Page 3 of ~ l (d) A contractor shall: (1 }provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements; (2} provide a certificate of coverage shaving.workers' compensation coverage to the governmental entity prior to beginning work on the project; (3} provide the governmental entity, prior to the end of the covers a rivd anew certificate of g l~ coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (~} obtain from each person providing services on a project, and provide to the governmental entity (A} a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on f le certificates of coverage showing coverage for all persons providing services an the project; and (B} no later than seven days after receipt by the contractor, a new certif cafe of covers e • • ~ i ~ shaw~ng extension of coverage, if the coverage period shown on the current certif cote of coverage ends during the duration of the project; (5}retain all required certificates of coverage on f le for the duration of the project and for one year thereafter; (d} notify the governmental entity in writing by certif ed mail or rsonal delive within ten . ~ rY~ days after the contactor knew ar should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (~} post a notice an each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed b . y the Act or other comrn~ss~on rules. This nat~ce must be panted with a title ~n nt least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached bra hid (8} contractually require each person with whom it contracts to provide services on a project to: (A}provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for ail of its employees providing services on the ro'ect, P.l for the duration of the project; (B} provide a certificate of coverage to the contractor prior to that erson be innin work on p g g the project; (C} include in ail contracts to provide services on the project the language in subsection (e}(3} of this section; Page 4 of 11 ~} provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ~E} obtain f ram each other person with wham it contracts, and provide to the contractor: ~i} a certif sate of coverage, prior to the other person beginning work on the project; and iii} prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ~F}retain all required certificates of coverage on f le for the duration of the project and for one year thereafter; ~G} notify the governmental entity in writing by certified mail or personal delivery, within ten days of der the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and . ~H} contractually require each other person with whom it contracts, to perform as required by subparagraphs ~A}-~} of this paragraph, with the certificate of coverage to be provided to the person for wham they are providing services. fie} A person providing services on a project, other than a contractor, shall: (1}provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; ~Z} provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; ~3} have the following language in~ its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage,the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on pro er re ortin of p p g classif cation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission`s Division of Self-Insurance kegulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." _ _ t~~ provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certif cote of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certif sate of coverage ends during the duration of the project; ~5} obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A} a certificate of coverage, prior to the other person be innin work vn the ro'ect• and g g p J (B} prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certif cafe of covers a ends g during the duration of the project; Page 5 of 11 ~f }retain all required certif cotes of coverage on file for the duration of the ro'ect and for one PJ year therea~er; ~7) notify the governmental entity in writing by certif ed mail or rsonal delive of an Pe rY~ y change that materially affects the provision of coverage of any person rovidin services on the . P g protect and send the nonce within ten days after the person knew or should have known of the change; and . ~8) contractually require each other person with wham it contracts to: ~A}provide coverage based on proper reporting of classification codes and roll amounts • .. PaY and f ling of any coverage agreements for all of its employees prov~din services on the ro'ec g P J ~ for the duration of the project; ~B} provide a certificate of coverage to it prior to that other person be innin work 'on the g g PmJ~t~ ~C} include in al l contracts to provide services on the project the lan ua a in ~ ara a h 3 of g g P ~' P C) this subsection; ~}provide, prior to the end of the coverage period, a new ~certif cote of covers a showin g g extension of the coverage period, if the coverage period shown an the current certificate of coverage ends during the duration of the proj ect; ~}obtain from each other person under contract to it to provide services on the ro'ec and . P J ~ provide as required by its contract: ~i} a certifiicate of coverage, prior to the other person beginnin work on the ro'ect~ and ,. g P J iii) prior to the end ,af the coverage penod, a new certifiicate of cove a showin extension g of the coverage per~ad, ~f the coverage period shown on the current certificate of covers a ends g during the duration of the contract; (F}retain all required certificates of coverage on ~ le for the duration of the ro'ec# and for one PJ year thereafter, ~G} notify the governmental entity in writing by certif ed mail or rsonal delive within ten Pe rY~ days after the person knew or should have known, of any change that material) affects the .. .. ~' provision of coverage of any person prov~d~ng services on the protect; and ~H} con~xactually require each person with who~rn it contracts, to erform as r aired b this P ~ y subparagraph and subparagraphs (A)-~G) of this paragraph, with the certificate of covers a to . , , ~ g be provided to the person for wham they are providing services, ~~ If any provision of this rule or its application to any person or circumstance is held invalid the invalidity does not affect other provisions or ap lications of this rule that can be ' P given effect without the invalid provision or application, and to this end the rovisions of this rule are P declared to be severable. fig} This rule is applicable for building or construction contracts advertised for bid b a Y governmental entity on or after September 1,1994. This rule is also a licable for those buildin PP g or construction contracts entered into on or after September 1,1994, which are not r aired b law to be adverbs ~ y ed far bid. Page 6 of l l ~h}The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article bb75c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article bb75c, §4(j}. ~i} The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §4ob.097(c}, and who are explicitly excluded from coverage in accordance with the Act, §40b.097~a} (as added by House Bill 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 insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, ar renewed on or after January 1, 199b. Source Note: The provisions of this § 110.110 adopted to be effective September 1,1994,19 TexReg 5715; amended to be effective November b, 1995, 20 TexReg SbU9 Page ? of 11 'I'28S 110.110(d)(7) "REQ~IRE13 WORKERS' C~,2~IPE~S~~I~I~ CDYER~~E" "The law requires that each person working on this sire or providing seruices related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or provr'dirtg labor or trans nation or . ~ po other service related to the project, regardless of the ~dentrty of their employer or status as an employee. ~~ "Call the Texas Workers' Compensation Commission ar 51 Z~440-3 789 to receive in ormation on f .the legal requirement for coverage, ro verb whether your employer has provided the re uired q coverage, or to report an employer's failure ro provide coverage. " Page 8 of 1 ~ 'I'28S 110.110(c)(7) Article porkers' Compensation Insurance Coverage. A. Def nitions: Cert~cate of coverage (" cert~cate'~- A copy of a cert~cate of insurance, a certificate of authority toself-insure issued by the commission, or a coverage agreement (T~YCC-81, 7'~YC'C- 8,2, ~'WCC S3, or T t~'CC-$~}, showing statutory workers' compensation insurance coverage jvr the person's or entity's employees providing services on a project, for the duration of the project. duration of the project -includes the time from the beginning of the work on the project until the cantractar's/persan'swork on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ~~o6.D96} -includes all persons or entities performing all or part of the services the contractor has undertaken to orm on the Pei project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entr'ty which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, ar deliverin a ui mentor gqp materials, ar providing Tabor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as fovd/beverage vendors, o, ffrce supply deliveries, and delivery of portable toilets. B.~ The contractor shad provide coverage, based an proper reporting of classi icatian codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401, all X44} for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. I, f the coverage period shown on the contractor's current certrf cafe of coverage ends Burin . g the duration of the project, the contractor must, prior to the end of the coverage period,, file a new certi icate of coverage with the governmental entity showing that coverage has been extended. E. 7'he contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (I) a cert~cate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file cert~cates of coverage showing coverage for all persons providing services on the project; acid ' (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of , . coverage ends during the duration of the project. Page 9 of I ~ F. the contractor shall retain all required certi acates of coverage for the duration of the project and far one year thereafter. G. 7~re contractor shall note the governmental entity in writing by cert~ed main or personal delivery, within 14 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. ?ate contractor shall post on each project site a notice, in the text, form and manner prescribed by the texas porkers' Compensatr`on Commission, informing all persons providing services an the project that they are required to be covered, and stating how a person may verb coverage and report tack of coverage. I.1'he contractor shall contractually require each persa~ with whom it contracts to provide services an a project, to: (1) provide coverage, based on proper reporting of classi rcation codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements o, f texas Labor Code, ,Section 4n1. of I X44} for alt of its empl ogees providing services on the project, for the duration of the project; ~2) provide to the contractor, prior to that person beginning work on the project, a cert~cate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new cert~cate of coverage showing extension of coverage, f the coverage period shown on the current cert~cate of coverage ends during the duration of the project; ~4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certi rcate a, f coverage, prior to the other rson be rnnin work on the ro ect • and ~ g g pJ {b) a new cert~cate of coverage showing extension of coverage, prior to the end o the coves e f g period, the coverage period shown on the current certi rcate of coverage ends during the duration of the project; ~5} retain all required cert~cates of coverage on file for the duration of the project and for one year thereafter; ~6) note the governmental ent~'ty in writing by cert~ed marl or personal delivery, within 14 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person pravr'ding services on the project; and (7) contractually require each person with wham it contracts, to perform as required by paragraphs ~~} - (~), with the cert~cates of coverage to be provided to the person ar whom t .~ ~y are providing services. J. By signing this contract or providing or causing to be provided a certr~cate o coves e, the .~ . g contractor is representing to the governmental entity that all employees o, f the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classi nation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se ~-insured, with the commission's Division of Self- Page ~ 0 of 1 ~ Insurance Regulation. Providing false or misleading information may subject the contractor to administrative enalties, criminal penalties, civil penalties, or other civil actr'ons, p K.1'he contractor's, failure to comply with any of these provisions is a breach o, f contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Pagellofll PART A SPECIAL PROVISIQNS CENTRAL LIBRARY EXTERIOR RENOVATIONS 2009 Project No. 439 SECTION A ~ SPECIAL PROVISIONS A-2 Definitions and Abbreviations Section B~l of the General Provisions will govern. A~3 Descri tian of P~o~ect rrri rr..~ w The project consists of exterior surface cleaning and preparation with pressure wash of approximately 25,000 square feet of the building; exterior masonry restoration including removal of irregularities by scraping and sanding with new stucco finish coat; exterior painting two coat system for siding and stucco; Miscellaneous painting and preparation far door and window trim, and hand rails. Entryway minor improvements including lighting repairs and the work; and 24 sq. ft, of sidewalk repair work leading to La Retama Central Library. r Aw5 Items to be Submitted with Prv osal The following items are re fired to be submitted with the proposal: ~ • t f ~ 1. 2. Disclosure of Interests Statement 3. Submittals of materia~.s A-6 Time of Cam~lation/Liquidated Damages ..,, - - The working time fox completion of the Project will be seventy ~74~ ea~.end~c days. The Contractor shall commence work within ten (10~ calendar days after receipt of Section A - SP ~RFP JCC JAN 2~D7} Page 1 of 2p receipt of written notice from the Directar of Engineering Services or designee ~"City Engineer"} to proceed. 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:~~~ '~~p~:D per calendar day will be .:u~:~~~:.. 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 Com ensation Insurance Govera e If the Contractar'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 worker~s~ compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against 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. ~, ~ , ., ~ n .. .. , „~.. , . , A-1D Wage Rates ~Reva.sed 91~9/08~ Labor preference and wage rates for buildin construction. In case of conflict, Contractor shall use higher wage rate. 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, Section A - SP (RFP JOC JAN 2007) Page2of20 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, far each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor 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, Definition of Terms, and Section B-7-6, Working Hours.} A-11 Coo eration with Public A envies Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-- eight {48} hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer CCIA Engineer CCIA Facilities Manager Project Engineer A/E Project Engineer PGAL CRGE Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Parks & Recreation Solid Waste Services American Electric Power {AEP} Southwestern Bell Tel. Co. {SBC} City Street Div. for Traffic Signal/Fiber optic Locate Cablevision ACSI {Fiber Optic} Century Telephone ChoiceCom {Fiber optic} CAPROCK (Fiber Optic} Brooks Fiber optic {MAN} 880-3500 36,/289--0171 ext 1223 3611289--0171 ext 1226 s8o-3500 713/622-1444 {direct 713/968-9375} 361/991-8550 880-3540 882-1911 857-1880 {880-3140 after hours} 857--1818 {880-3140 after hours} 885-6900 {885-69 00 after hours} 857-1881 {880-3140 after hours} 880-3461 857-1970 299--4833 {693-9444 after hours} 881-2600 {1-800-824-9424 After Hours} 857-1946 857-1960 857-5oDD {857-5060 after hours? 887-9200 {Pager 8D0-724--36247 225-214-1169 {Mobile 225-229-3202} 881-5767 {Pager 850--2981) 5121935-0958 {Mobile) ' 9721753-4355 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 Section A - SP tRFP JOC JAN 2007) Page 3 of 20 of project with regard to the location and nature of underground utilities, etc. However, the accurac and com leteness of such infcrmation is not uaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Zn 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. Sewage or 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 and to provide a minimum of inconvenience to motorists and the pu~b.lic. 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 is not limited to, ~~, 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 in the Contract price. ... . Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. Section A - SP (R~'P JOC JAN 2Q07) Page 4 of 20 Ti 11 iT A-16 Disposal/Salvo a 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. AIi Iight fixtures and other items specified for sa.~vage shall be delivered to tie owner as directed. A-18 Schedule and Se ence 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. ~. Items to Include: Show complete sequence of construction by activity, identifying Wark 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: 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 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. Sect~.on A - SP (RFP JCC JAN 2007 Page 5 of 24 Section A - SP ~RFP JOC JAN 2~~7) Page 6 of 20 A-2D Testincx and Certification All tests required under this item must be performed by a recognised 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-22 Minoru /Minorit Business Ente rise Partici ation Poli (Revised Ifll98~ See RFP Requirements} 1. Polio 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. ~n accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minoru Business Enter rise: A business enterprise that is owned and controlled by one or more minority persons}. Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American xndians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority persons} 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. fib} 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.Oo of the assets or interest in the corporate shares must be owned by one or more minority persons}. Sectxan A - SP (RFP J~C JAN 2-07} Pap 7 of 2[~ 2. Controlled 3. The primary power, direct or indirect, to manage a business enterprise rests with a minority person~s~. 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint venture: A joint venture means an association of two or more persons, partnerships, corporations, or any 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. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.Oo interest, shall be deemed equivalent to having minority participation in 25.0 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 a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterpr~.se Percent} Participation Percent} 4. 45~ 15~ b. These goals are applicable to all the construction work regardless of federal participations performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. .. Com Hance 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 SeCt~on A -- SP ~RFP J4C JAN 20Q7y Page $ of 2Q female participation, by trade, which has been utilized an 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 Ins ection Re fired Revised 7/5/ODD 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. 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 Suret Bonds Paragraph two (2} of Section B-3-~ 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 X100) 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 band amount that exceeds ten percent X100} of the Surety Company's capital and surplus with reinsurers} authorized to da business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent ~IOQ} 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 reinsurer 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 reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the band was issued." Sectzon A - SP (RFP JoC JAN 2Q47} Page 9 of 20 r~ ~. it ~.._~_ ......r ..-..~~"`L A-26 Su lemental Insurance Re irements 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 than e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 75469-9277 3. 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 X30} 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 8-- 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 2Q07} Page 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. A-27 Res onsibilit for Dama a Claims Paragraph (a~ General Liability of Section B-G•-ll of the General Provisions is used t~ ~ ~r A~-28 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 prajects 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 of the release of the lien. if any such lien has not been released, the bidder shall state why the claim has not been paid; and ~, 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 ~9Q~ 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 ~5y years 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. The superintendent shalt be present, on the job side, at al.~ dimes that work is being performed. 2. Foremen, if utilized, shall have at least five ~5) years recent experience in similar work and be subordinate to the superintendent. Section A - SP ~RFP JaG JAN 2p07} Pane ~1 0~ 20 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 Contractsrr Section B-3-1 Consideration of Contract add the following text: Within five (5} working days following the public opening and reading of the proposals, the three (3} apparent lowest bidders (based on the Base Bid only} must submit to the City Engineer the following information: ~., A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract (if required? , along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. xf the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible., 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with Section A - SP ~RFP JOC JAN 2447) Page 12 of 24 this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre--construction conference; 8. 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. 10. Within five ~5y days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas for other statey Corporation or Partnership, and name ~sy and Title ~s~ of individual ts~ authorized to execute contracts on behalf of said entity. ~I. Documentation s.~owin~r ~aroof of Disadvantaged Business Enterprise DBE} requirement comp.~iance. A-31 Amended Poli on Extra Work and Chan a orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-- 8-5 Polic 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.x0. 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" Re irements .., 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. Contractor is reminded to attend the Pre-Pro osal Meetin referred to in S ecial Provision A-1. -• 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 wild. be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict Section A - 5P (RFP JOC JAN 2Q07} Page 13 0~ 20 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 cif applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. ~ . Section A - SP ~RFP JOC JAN 20Q7y Page 14 of 20 Section A - SP (RFP JOC JAN 2p07~ Page I5 of 20 n t ~ ~ ,.. .. t, . n 1 ., ,., ~ ., t..., ~ ' ~, ~ ., i ~ .. , ,., a A~-36 other Submittals 1. 5hop_Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one ~1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number~s7, and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space. .Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. z Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and Section A - SP (RFP JoC JAN 2407 Page 16 of 2g suppliers to promptly report, thru Contractor, any inability to comply with provisions.. k. All submittals relating to the structural design of the signs including fasteners, bolts and other items must be signed and sealed by a Licensed Professional Engineer registered in the State of Texas. 2. Sam les: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Re air Report Contractor must submit three ~3} copies of all shop test data, and repair report, and all an-site test data within the specified time to the City Engineer for approval. otherwise, the related e ui ment will not be a roved for use on the project. ~r ~r f 11 ff ' • 1 A-38 Worker's Com ensation Covers a for Suildin or Construction Pro'ects for Government Entities The re uirements of T'Notice to Contractors `B "' are incorporated by reference in q this Special Provision. A-39 Certificate of Occu anc and Final Acce tance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-S--9. A--40 Amendment to Section H-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- B-6: 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 shave that the material supplier has been paid for the materials delivered to the Project worksite. A-41 ~2one Adviso 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. 1f 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. A-42 aSHA Rules & Re lations Section A - SP (RFP JOC JAN 2007} Page ~7 of 20 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 ~ Ob5 . A-43 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, ar supplier. A-44 Change Orders ,. .,,_ , Should a change orders) 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 As-Built Dimensions and Drawin s ~7/5/00} ~a} Contractor shall make appropriate daily. measurements of facilities constructed and keep accurate records of location (horizontal and verticaly of all facilities. fib} 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; ~~.} 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. ~4} Deletions, additions, and changes to scope of work. ~5} Any other changes made. Section A - SP ~RFP JoC JAN 2pp?} Paq~ 18 of 2~ A-48 overhead Electrical Wires (7/5/007 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. 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 ~ 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 ar.e 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~- 4 4 Amended "Maintenance Guaranty" ($ / 2 4 / 00 } Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-ll Maintenance Guarani, 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 JDC JAN 2007} Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: LA RETAMA CENTRAL LIBRARY EXTERIOR RENOVATIONS, No. 4392 OWNER: CITY OF CORPUS CHRISTI PROJECT MANAGER: Gabrielle Escamilla CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NEIMHER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL mui. rl ~ rl . n ...1 Irlrm~nn~.n lunnn.nnl - - n 4 i I 111.E I~Ig~nnnnnlilil I~.1.11 I~mnn.ll I~l~ 1111u1`q~l4nnninl.rn'~1~ p~ in~nm - - n M Section A - SP (RFP JOC JAN 2007) Pale 20 of 20 AGREEMENT THE STATE OF TF~XAS ~ CGUNTY 4F NUECES § THIS AGREEMENT is entered into this 3~OTH day of JC7NE, 2009, by and between the CITY QF CaR,PUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Nu~a International Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $?7,234.33 by Ca.ty and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CENTRAL LIBRARY F~TERIaR RENCVATICNS 2409 JOB ORDER CaNTRACT PROa~ECT NC . 4 3 92 TOTAL AMOUNT: $??,234.33y 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 wall commence work within ten {1D} calendar days from date they receive written same within 84 CALENDAR DAYS work order and will complete 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. ATTES City Secretary CITY DF coRpvs CHRISTI B: ~ Y oscar Martinez Assistant City Manager APPRQVED AS TD LEGAL FO • By. Asst. C'ty Attorney A ( f Corpo ati ~(~- Gc~ {Seal Below (Note : If Person signing for corporation is not President, attach copy of authorization to signs ~~~~tti r ~ ~ ~ ~ l!!!!~r ,~~`'' RNar [/~f'''~~• ~ .• -. •, . ~`~ ~~ ~ ~ ~ ~ - ~ r _ ~ ~ ~ .~. ' ~~ ~ ~ + "" i 1 "` ~ ~ ~ ,• ~ •• .~ .~ ~~!!1!!1 f 11111~~~1 By: Pete Anaya, P.~. Director of Engineering Services CONTRACTOR Nuwa Inter tional Ina. Bx; ~ .,l1T Title: p . 2621 HOLLY ROAD {Address coRPUS ~~RrsTr Tx 78415 {City {State}{ZIPS 361/854-8833 * 361/854-8345 {Phoned {Fax AUTNORII~~ ti ~b dT C4UKCIl., f~nr ~w SEC~~TARy ~° Agreement Page 2 of 2 ~'y~-'.~RyN, 1~ :~ .. .. , . ~ • ~'. ~ • ' • : } y. ~y~ .. ~ : i~;.iF:tif ft.t~ ~1.. ~'u ~.:.. ti;4 1 ~" yM, ~~ ~ .i,' ,~,. Viz:. r ky ":. r ~ ~5~ ~~~~ ~:~`~r ~Ii ~"~ ~~a~ ~r Ffti~f ~: ~k~~ 1 ~ ~ f ......... ~.,........ ..... _ . r..... June 17, 2~0~ Mr. Pete Anaya, P.E. Director of Engineering Services clo Bi11 Delgado Y City of Corpus Christi El~~ineeri~a~ Services { 1 ? ~ i Leopard Street Corpus Christi, Texas 784 l we are Ieased to resent our proposal for the La Retan~a Central Library Exterior p p Renovatio1~s, City of Corpus Clu'isti, Texas. This ro osal is based on the prelin~inary scope of work, necessary site visits and pp discussions ~vith the City E~x~ineerin~; Departn~ent. We Ixave reviewed what tl~e City p~'avided pre4in~ina~y scope of work. Total Cost far this work. $77,?34.33 ~~ Scliedule for this work: Mobilization witlain lU days of N.T.P. and complete within ~0 days of conul~encen~ent. f ~~ Please contact nae at ~3~ 1 } 94d-55 ~~ should yo~~ Dave any questions on this praposa . Tlaailk you, i E ~nlero Luna a Project Manager ~~~~~~: 1. scope of work 2. RS Means Cost Proposal ___. ...... ~~ .:~ ,... .... ~.......`..... _...........~.'.. 'w ~r .. 'r~ ~~• ,~• La Retama central Library Exterior Renovations Rec 90509.01 CORPUS CHRISTI JOB ORDER CONTRACT Scope of Work La Retama Central Library PROJECT #4392 At La Retama Central Library on SOS Comanche Nuway International, Inc. is pleased to provide pricing for work in accordance with .the reference scope of work. This new Scope of Work and clarifications are included herein to provide: LA RETAMA CENTRAL LIBRARY EXTERIOR RENOVATIONS NUWAY PROJECT REVISION #90509.01 Acknowledged Reference: o Request for Proposal o Site Visit o Preliminary Scope Adjustment Meeting with Engineering personnel o Meeting with Central Library Personnel SCOPE SUMMARY Power wash to remove mold, dirt and grease from building outside Repair and patch hairline cracks and stucco Paint library ezterior with three colors Paint all hand rails Paint flagpole Replace all broken tiles Replace light covers under the ceiling at front of library Replace two slabs of concrete that are not level in front of library Fill with select fill East side of library to fill in stairs path INCLUSIONS: Renovations 1. Provide all labor, equipment and material CONSIDERATIONS; 1. All work to begin at 8:00 am to 5:00 pm and proceed through the working weekdays. 2. We might have to work some nights and possible on some Sundays to provide safety for the library customers 3. Areas of work and pathways shall be cleaned daily of construction debris for the duration of the project. 4. All construction debris will be removed from site. 5. Hazardous materials survey and/or abatement are not included in this proposal. 6. Assigned parking for Nuway workers will be honored and no- work days will relinquish assigned spots to the Public. EXCLUSIONS /CLARIFICATIONS: 1. Geotechnical and Engineering Tests/Reports 2. Environmental Testing 3. Soil and Concrete Testing 4. Permitting: TDLR -registration and submission by City. 5. Security devices and connections are not included in this proposal 6. Any and all items not listed above. 7. City must provide plans and specs in order to obtain permit 8. Any and all items not listed above. ' 3fi~ ~99~ 7'30 p,4 ,iul 0G 09 03.338 Le~ncitos Inc .,.. F~~tF~~tMA~N~~ ~ N Bond #: 4373724 .-.~ STATE ~F TF~,4S ~ RN~~ ~~ ~~ T~~E P~tESE~TS ~C?i~'~Y of E~CES § '~~iT ~u~a ~nteat~.o~a~. I~~ . o f ~UECES Co urn ~y r ~exa s , ~~~ hereinafter called "PrYncipal", and SureTec Insurance Co . ,, a c~rpc~xat~,c~n Organized under the lar~s of the State of Texas , and dt~Iy authorized to do bus.tness in the State of Texas, ~. ~aere:~naftex ca~.l,ed T'Surety", axe held ar~d fl.rmly bound unto the C~.ty of Corpus ~hrista,, a mur~a.cl.pal corporat..on of Nueces County, ~;;xas, hereinafter called "City" ~ in the penal sup: o€ SE~'ENT~-SEVEN `.~ '.~,'S~t~"~~, T ~U~DR~ T~~~i'~'Y'~FUUR ANA 3~~x~~ ~$7~' ~~~.35~ T~o~Z,~~S, lawful. money of the United States, to ba paid zn Nueces County, Teas, for the payment of which sum wel.1 and tr~al~r to be made <<~e -... bind ouxselt~es, our heia~s, ~ executors! adrninistrator~ and s~~ccessors, ~oi.ntly and se~rexally, f irrnly by these presents ; ..- TAE CCIT~ON[ OF 'IRIS ~H~~GAT~ON' ~S ~~ TEAT: ~lhereas, the px.inclpal entered into a cea~tain contra.c~. w~.th the C.Lty -of Carpus Christi, dated the 3~~R of J~ 20~, a copy of wh~.ch is hereto attached and made a part hexed, for the construction of: C~TRA~ ~,~~~' E~fiER=~~ RE~~V~iT~~N~ 2U09 ~0~ ~~EE, C~N~C~" .~~ PRDaECT ~a . 4 3 9~ ~TOTA~ ~~' : $?'~ ~ 24.33} ~ry i~~nT, ~HF~iEFORE, if the principal shall faithfully perfgrn~ saYd work in accordance hrith the p~.ans, specif~.cat~.ons and contract .. dpcurnen.ts, including any changes, extensions, ar guarant~.es, and if. the rinc~.oa:~ sha11 repair and/or replace all. defects due to faul,t~* p ma'terl.al.s andlar workmanship that appear within a period of one ~~-) car from the date of compl,etl.on and acceptance of improvements by ..... Y the Cit then this obl.i~ata.o~: shall he va~.d; otherwa,se to re~nai.n y in full farce arad effect. .~..~ PRa~'~~~~ F~T~R, that if an~r lega'i act ion be tti led on thi s band, ~renue sha11 l.ie in ~ue~es County, Texas . ~' end that said surety €or 'value received hereby stipulates that no changer e~tensior~ o~ time, al.teratian ar addition to the tear;s of. the CgntraCt, or to the woz}~ pexf armed thereunder, oa~ the plans, ~-~ s ecif~,cat.ians, drawin~Sr etcr j accompanying the same shall. a.n p anyw~.se a:~fect itsobligation on tha.s band, and it does hereby wa ire not ice of any such change, extension of t ~.me j alteration ox ~-. add~.t~.on t4 the terms of the Gantract, ox to the work to be performed thereunder. P~rf4rmance fond ~aqe 3 of 2 [ ~ . 1 . Jai 06 Q~ Q3;33p L~oncitos !~c 312991730 p.5 ~~_ phis bond is gi~ren to r.~eet the requa.re~ents of article 51~p, ~ernan' S Ci~a.l Statues of mcxas, and other applicable statutes of the State a~ Texas. ~Che undersigned agent is hereby designated by the surety herein as the Agent resident in i~ueces County to whop an~r rec~uis~.te not~.ces ma;~ be delYvex'ed and an whoYt~ ser~rice of process ~ma,y be had in matters arising out of wuch suretysh~.pr as pro~a.ded by Art. 7 . ~.9W1, ~~ernon t S Texas insurance Cade. x~ W~~'N~~S 'W~~~~F, this Instrument as executed in 4 cop.~:es, each one of which shall be deemed an original, th~.s the 9th ..~. day of July ~0 09 . ~NCI~I~ Nuway International, Inc. ~....... Sy, ~- _ ~ ~ rr ~l ~ ~ ~ ~ G,Tr e ~ . ~... .w ~Pxint Name ~ T~,tle) . ~-T ~~ . ~,.....,,,... ~.... ~. ~ r•..• ~. ~' ~~ tFr~nt dame & ~a~~~) scraEZx SureTec Insurance Co. ,,,~,,, .. ~. 8y: Attc~cney-~.n-fact Barbara Newcomb ~Fr~nt rame~ ~~.itr~z~r at ~xo~~~~ ~d ,~~xce q~ p~o~es~ ~s ~~~~~; Keetch & Associates ~~ntac~ ~~r~a~; Mike Rhyne ~ddr~~s: Corpus Christi, T~ 78404 ~.~oz~~ fiber: 361-883-3803 fox' fN~T~: ~atc of ~exfarmance Band mint nat ~e pr~.vx to ~~~~ ~~' canl.~rs~Ct1 (Rev,is~d 3~08~ p~rfQxmanca 3Q~nd Pars ?. Qf 2 Jul G~ G9 03.33p Leoncitas Inc .,,.. Bond #: 4373724 STA'~E ~~ TE~-S ~ C4C~~C pk` N~E~s ~ 3G12991 X30 p.2 PAY~E~T $~ND RN~W AID $~' TAESE ~RES~ITS ~HA'T Nara „`,.,~nt~*~a~iona~ ~,,. zn of N~~ES County, Texas, w.~. rere~.nafter ca~..~.ed "T~zincipal", and SureTec Insurance Ca. , ... a corporation arganzzcd under the Laws of the State. Qf Texas , and duly author~.zed to do business ; n the State of texas, r~ere~.natter cai.led "surety" f are held and fa.rrnly bound unto tine ~~" C~.ty of Carpus Chra.sti, a rnur.ic~.pal corporation of Nueces County, `,texas, hereinafter Galled "Cit~r`r, and unto all persons, farms a:~d ~;arporat sans supplying .labor and mater:~als in prosecut~.on of the .-~ work refezred to in the attached contract, in the penal sum of SE~'ENTY~S~N TH0~IBAND '~"W't~ ~RE~3 ~HIR~~~ Afi]D S~I~40 ~$7"~ 7~~ . 33~ DOT~~ARS~ lawful. money of the united States, to .. k~e pa~.d in Nueces Co~.nty, 3'exas, far the payment of wh~.c3~ sum we1..~ and truly to be made we band ourslves, our he~.xs+ executors, admin.~.strators and successors, jointly and severall~r, w~.rm,1y by .~. these presents: TBE C4NDIT~~N Q~' THIS ~$~xG~iT'~aN IS SACS THAT: Wh~:reas, the . principal entered into a certain cor~trac~: with the City of Corpus Chxi.sti. dated the 3D~'B day JgNE , 2~ a copy cf ~rhich ~.s hereto attached and made a part hereof, for the construction af: T ~~~ LIBRARY E~TERIi~R R~VA,~I~N~ ~~0 9 ~QE ORDER CDN~R~CT ~Ra~EC~ ~a . ~ 392 ~T~4~TA?~ l~M0U1-1''r : $77 , 234 . ~~ ~ NAT, '~HEREH~3RE, if the pr~.ncipal shah, faithfully perform its .~ duties and make prompt payment to a~.l persansr f~.rmsr subcontractors, corporations and claa.mants supp~.ya.ng labor and material. in the prosecution of the worl~ provided far in said .~ cor~tx~act and any and aI1 duly authorized n~fldif ication at say. contract that ~,ay hexea.nafter be mad°, notice of ~~rhich modification to the surety ~.s hereby expressly ~~aived~ the: t~',is cbl,a~gat~.on shall be void- otherwise to xemai.n in full farce and effect . PR~3~`IDED ~tTHERr that i f any legal. act:-on be filed upon th~,S bond, venue shai,l, lie in A1ue~es County, ~'exas. i~nd that said surety for va~.ue receYVed hereby stipulates that .. zrya char}ge, extensa.an Qf time, alteration or addit~.an to tie terms of the cantraLt, ox to the wank performed thereunder: r ar the plans, specifications` drawings, etc., accompanying the same shall xn anywa.,se affect its obligation on this bond, and it does hereby vla,ive r~ot.ice of an such change, extensl.on of t~.me ~ alteration or Y add3ta~on to tY~e terms of the contract, or tc the work to be ,. performed thereunder p~yme~t Bard gage 1 of ~ • ~~~z~~~~~o p.~ ,~~~ U6 09 03;33p LeancitQS Inc .__ This hand ~,s gi~ren to maet the requirements of Arta.cle 5~ 60, V'ernon's C~.vil statutes cf Texasr and other applicable staCutes of the State of Texas. The germs "CJ~a~.~ant" r "~,abor" and rr~~ater~.al", ~- as used herein are ix~ accordance ~~ith and as defined i:a said . .~~.,tscle. ~- The unders~.gned agent is ~lereby des_gna~ted by the surety herein as the agent Resident in Nueces County to tir;~om any requis to natives may ~e delx~rered and on whom ser~rice of ~racess may be had in matters arising out of such suretysha.p, as provided by Art. 7. ~.9w3,, Vernv~' S Texas Insurance Cade. ...., ~N W~ ~. ~S ~~~~F~ this instrument ~.S executed in ~ cap~.es, each one of ~-~h~,ch shali be deemed an original, th~.s t~~e ~~.. day of ~ July. 20 09 . ~~~~~~ M Nuway International, Inc. r ~y: .... ~' ...~.. .'._.. c tPr~,n~: Name ~ Title) ..... T~ T ~W ~~ .v „~. ~. ~ . ~~ ~m ~ ~. ~ ~~L~ ~ .. ~._ ~px•:;~nt ~'am~ ~ Tithe} ~T~ SureTec Insurance Co. ...~.~ - ~.. ,~:,, , .;-. Ry`/} ~ :. At'~arney-in~ fact Barbara Newcomb -~~ {Print Name } ..... the ,~~~c.~~Te~t ~~~t a~ the S~~t~r .~a ~Tt~~e~ ~~vut ~'~'X~, ~~ :.~o~..•. .,~.;~• ,, u ,,~,~ ~e~~~er~r a~ ~tatiG~ axta~ s~rr~a~ce of pa~a~ess ~~: ~ ~_ ~ . ._. ~R~y; Keetch & Associates . CoAtact ~~rs~n: ~~aixes~ Cor us Christi TX 78404 Phox~~ Nr~aer: 361-883-3803 .,~ (N4'1'~: Date o~ Qa~rnent hand mush nat ~~ pxior t4 Gate og contraet~ ~Rev~.s~a 3~~~~ Payment Hand Page 2 of 2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information yr 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 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights ar complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P4 Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1711 PREMIUM 4R 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. Rev x.1.06 PoA #: 4221.025 SureTec Insurance Company LIMITED POWER OF ATTORNEY ~sv~ ~ ''~~ ~,~ ~`~i~s~ ,~~~~s, That ~U~E'~ ~~~~~ ~~~'~ ~~he `~o '~ ~: oc~ you ~ ~ a~ ~~f ~ ' , ~ existi~~ deg ~ haws of ~~ ~tat~ ~~ ~~~a~, aril ~v~.~~ ~t~ p~ucp~ c~~~~ in l~o~ston; pia Cody, ~'~~, dve~ by ~ese ~resen:~ mako, ~nati~~ mid a~pa~ut ~ . Paul G. Adam, Peter S. Batjer, Joseph P. O'Connor, Randall Saverance, Lisa W. Friends, Annelle U. Smith, Barbara Newcomb, Susan D.B. Muniz, Karl N. Wirth its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognixances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the band penalty does not exceed Five Million Dollars and no1100 x$5,000,000.00} and to bind the Company thereby as fully and to the same extent as if such band were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conf rming all that the said Attorneys}-in-Fact may do in the premises. Said appointment shall continue in farce until 12/31/11 and is made under and by authority of the fallowing resolutions of the Board of Directors of the SureTec Insurance Company: . ~~ rc ~v~~, that ~e ~'~sl~t, any ~cc~.estdent, any Aistant ~i~e-Ftsident, any secretary or a~iy ~-ssistant Secretary sha11 be and is herby vested with ill pager and au~hori~+ tv appoint y one :armore stabl+~ peons as Attoey~s}~in-Fact to a~present and act for and orr bel~lf of the ~ornpan~ ~b~ ~ ~~ fdllo~ing~prov~siai~s ~ttarr~~~-~~~~ may be given alt power and audtarity ~c~r and in a name; of aid. of behaif o~ the Co~pany; to execute, acknowledge and deliver, any and ail boc~ds, recognizance; cantts, agents or d~rn~i~y and other condi~~i ~r-1i~a~'' .u~r~~'i.~s d y d alb natic~~ end documents c~ncelir~~ or term~athag the. Company's `li~ibili tlrereu~d, and any ~h garments ~ executed by any such Attorn~y~in-Fact shall be bindurg upon the ~p~ny as i~si~ ~~ Presid~t and wed and e~eeted hit the ~flrpo~ate S~r~ry; ~e tt R~s~Iv~, that the igna~re of any a~tlto~d weer and ~. of the ~nmpany ~retu~o~ Qr her~fter ~~ to any pager of attorney or any. certificate relating theret€~ by facsimile, add y power ofattorney orceral~eate bung facsimile:sigture a~ ~itnile~ shall be valid an(~d7~binding upon the tvom~any with rem to a~~ bdnd or ~ndert~lang #~ ~hieh; it is attadh~. ~.~d~~pted ~t a rrr~eti~t~ held arr 2 o~~pr~~, ~X ~J 4~~ . ~~ ~~~~ ~~~~~~,~ SUR~T.~~ IN~URAC ~~~~~ has ~~~ ~e~e ;~~~~ b~ ~ ed ~ ~~ P~e~~~ ~~ tt~ casot`at~ ~ t~ be hero a~~ed Ihia 28~ day of ~c~t~~~r, A.~, ~~~fi~t ! »i ~ e ,•* ~ ~ ~ ~ ~ $~. ~~ ~sldeIlt F ~~ ! J•. . 5~te ~f T~ ss; ~ ~ouaty' of ~t't'!S iq~ 4. T.~afl,~~~H~f • ~fAi` On this ~~h day of October, ~00~ bcfo~e me pe~onally came B.J..I~ing, tame ~.a~n, who, being b~ me duly sworn, dkd depose and yx that l~~e res=des in ~Ho~n, Ted, ~ he is P~dent of ~tJ~T~ ~~~CB Ct3I~'.AN~, the c~~~y descrit~d ~n and which executed the a~ve insment~ that he knows a sal of`xd Obmpa~y; ~thaf the sell aid to said inset .~ such cdrparatc ~; that it was so af~i~ed by ~rd~r of the Board of ~ir~tors of~i~ Cadtpa~y; aid that he aid his nape tl~to by lCe ard~ ~ ~@~ 8~ ,~ ~' r ~~~F~ l~h~~e any, N,~rY ~' Vie. 141y ~om~isaion e~~i~es ~ugus~ ~~', X012 x, M. lent Beaty,.Assistant Seer of SUITES INSU~AI~GB CO1~AN~'', do hereby certify lhat the ahQVe and faregang a tie and co~eet copy of a Fv~v~er of Atta~ey, e~e~uted by said Company, ~rhi~h is still in fdll force and eff~t; and ~rtlni:nnore, the resvlutio~ of the Board of ~ir~tars, set out in ~e t'ower ofAttomey are in full.force and effir~. Liven ttnde~ ~y. ~a~d and the seal. ~l' did ±~ampany a~ ~ousto~, `hex this ~~ ~,~~.. , ,~~ , A.~, _~ ~. ~rent~e~ sls~~tr ~~~ Any instct~ment lsarretl in excess t~f the penalty stated above ie ~t~ly void and ~rithout .any va#idity,~ 1»nr veritlcatior~ of they aothority a~ t#tis power you rbay baiil "~3~ 8~~OQ arty buslRess day i~tw~eerr B:~Q am and tt.~o pm CST, C x~''Y Q~ Cp~Q~~ CSI ~~I A~PI~'~T 0~ B~G~~IhE3 SEAV~CE5 p.0, 8~~ 9~7? ~aR~~ ~B~I ~ TE X766 ~ 9+9~ 7'? ~ : ~e:~f f f ~~~ b! ~ ~v~r o~ ~~t~ !as ~rlori~nr..~ ~ p~~t ~~~ ~a~RCt ruc.:.Various Projects __ s~x~~r ~d~Y; SureTec insurance Com an Robert D. Cave he~e~y c~xtix G ~ ~1r~ fe~9ifiile aw~x ~~ att~r~e~ sited ~-y usa D. niz a ra Ne o b a n N. Wirth ~~-~t~zn- ~rct ~ for ..,,.~.... ~pa~~aar~~~ , a ao~~ ~ ~ ~e ~tt~e~d t~ tbi~ ae~~~~~e-~, ;ie a t a~a ~a~~e~t caps of ~~,~ ~~igin~~~. power Q' ettas~e~ o~ t~~~ in tY~e re~~rd9 ~f the t~re~~ ~aae~ in ite hie c~ f f ce; h*s net ~e~a~ and~4 0~ Ab~id~e~, is sr~~i ~ fuli fo~ee aad of ~e~t- std sari. d~ef+ e~ g~ t xe ~urre~t~y ~~ go4d et~dia~ rvir~ t~ aux~ty, I~ t~~ ~ evert of cencal~sti~n cf this p~ttr o! attor~~rY~ Abe C~~.ty of ~ar~u,~ xat~. shad ~ norf~ie~ ~~ wcft~~ ~- c~x~iE~.ed mail within aev~ t 7 ~ ~e~a therev~ eat tho f v~owi~ ~-d~a~~is yity of Cl~r~a C~iri~ti D~~xt~nesxt off" ~gfneeri~~ ae~rv~.~Gs Attn; ~~tr~ct A~3ristxetax F . 4 , ~cx ;9~ ~ ~ Coxpue C~~~st~,~ ~exeB 79469-9~1~ ~iq~~d trfs~~, dey of Se~~tember ~Ca, ~,... SureTec Insurance Com Nam 7iG~t: _ obert d. Cave Vice President ~„ e c St~x~n aid eubsc~~ber~ to ~efvxt me on th~9 da-y ~f x0 ~otar}~ Pull i ~ S ate a ~ ~~ t My C~rn~.eaion ~cpix~s: ,~ ;,"~~ Dunne Betrow ~ Pubiic ~ ~~ N to o~ Texas larvi~rd s~0~~ Sta ~ My ro~ion ~~~~ ~ ~~ M8~ o~ zoae DECE ~ ~R z PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Nina International Inc. of. NUECES County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corparations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SEVENTY-SEVEN THOUSAND TWO HUNDRED TT~IRTY~-FOUR AND 33/104 ~$7'~ 234.33 DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of wh~.ch 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 OBLIC-ATION IS SUCH THAT: Whereas, the principal entered into a certain contract pith the City of Corpus Christi, dated the 34TH day JUNE 24 a copy of which is hereto attached and made a part hereof, for the construction af: CENTRAL LIBRARY EXTERIOR RErTO`TATIONS 2009 SOB ORDER CONTRACT PROJECT NO. X392 tTOTAL AMOUNT: $77, 234.33 NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to alb. persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work prova.ded fox 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 Band Page 1 of 2 i f i This bond is given to meet the requirements of Article 51G0, 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 WxTNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed are original, this the day of ~a . PRINCIPAL $y. (Print Name & Title ATTEST Print Name & Title) SURETY ` By' Attorney--in--fact Print Name ~e Resident Agent of tie Surety in Nueces Count ~'exas, foar delivery of notice and serva~ce of process is: Agemcy: Contact Person: Address Phone Number: NOTE: Date of Payment Bond must not be prior to date of contract) 4Revised 3/08 Payment Bond Page 2 of 2 PERFORMANCE BOND 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 , 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 SE~ENTY~-SEVEN THQUSAND, TW4 HUNDRED THIRTY-FOUR AND 33/l44 ~$77~234,33~ DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, far 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 4F TgIS OBLIGATION IS SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 34TH of JUNE , 20 Q9 a copy of which is hereto attached and made a part hereof, for the construction of: CENTRAL LIBRARY EXTERIOR RENOVATIONS 2QQ9 JQB ORDER CONTRACT PROJECT NO. 4392 TOTAL AMOUNT : $ 77 , 234 , 33 ~ 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 andlar workmanship that appear within a period of one ~~.} 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, ar 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 Z This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Teas, and other applicable statutes of the State of Teas, The unders~.gned 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 wham service of process may be had in matters arising out of such suretyship, as provided by Art, x,19--1, Vernon's Teas Insurance Code. ZN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL By' ~ Print Name & Ta.tle } ATTEST (Print Name & Title} SURETY By: attorney--in-fact Print Name} The Resident Agent of the Surety in Nueces Count Texas, far de.~ivery of notice and service of process is: Agency: Contact Person: AdaTaress Phone Number: {NpTE: Date of Performance Bond must not be prior to date of contract} {Revised 3/08) Performance Band Page 2 of 2 r ~' ~ C~1`Y CF CARPUS CHRiSTi r ~ D~scLasuRE of ~NTERESTs City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to dv business w~h the City to provide the following ir~ormation. Every ques#ion must be answered. If the ques4on is not applicable, answer with "NA~. FIRST NAME: NAY ir~ternafional, inc. STREET: 2821 Holly Road CITY: Corpus Chrisfi ZIP: 7841 ~ FIRM 1S: Q1. Corporation [~, Partnership []3. She owner p4. Associafion Q5. other D#SCLQSURE QUEST~aNS ff addifional space is necessary, please use the reverse side of this age or a~ttarh separate sheet. 1. State the names of each "empbyee" of the City of Corpus Chrisfi having an °ownership interest" constituting 3~ or more of the ownership in the above named "firm". Name ,tob Tdle and City Departmen# cif known} NA 2. State the names of each po~iaal" of the City of Corpus Christi having an "ownership interest" constitufing 3~ or mere of the ownership in the above named "firm". Name Tale NA 3. State the names of each "board member" of the City of Corpus Chrisfi having an "ownership interest" consfituting 3°~ or more of the ownership in the above named'~rm". Name Board, Commission, or Committee, NA 4. State the names of each employee or officer of a "cansukant" for the City of Corpus Christi who worked on any maker related to the subject of this contact and has an "ownership interest constkuang 35 or more of the ownership in the above named "~rrn". Name ~ Consultant NA CERTlFiCATE l certify that ail information provided is true and correct as of the date of this statement, that l have rx~t knowingly withheld disclosure of any information requested; and that supplemental statements will be prompfiy submitted #o the City of Carpus Chrisfi, Texas as changes aecur. Ce~ng Person: amero Luna Trae: Project Manager ~lrPe or Pent ~~` Signature of Certifying Person: ~.,. Date: i~Y 1l, 2DO7