HomeMy WebLinkAboutC2009-300 - 6/30/2009 - ApprovedZoo9-300
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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~
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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
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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
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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
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of whether that person has employees. This includes but ~s not l~m~ted to inde ndent
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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.
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"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
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. _ 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
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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
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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
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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'
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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:
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. ~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
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during the duration of the project; .
~5} retain certif cotes of coverage on file for the duration of the project and for three ears
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thereafter; .
~G} provide a copy of the certif cotes of coverage to the commission upon request and to an
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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
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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
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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
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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
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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,
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for the duration of the project;
(B} provide a certificate of coverage to the contractor prior to that erson be innin work on
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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
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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
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(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
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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
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year therea~er;
~7) notify the governmental entity in writing by certif ed mail or rsonal delive of an
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change that materially affects the provision of coverage of any person rovidin services on the
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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
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and f ling of any coverage agreements for all of its employees prov~din services on the ro'ec
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for the duration of the project;
~B} provide a certificate of coverage to it prior to that other person be innin work 'on the
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~C} include in al l contracts to provide services on the project the lan ua a in ~ ara a h 3 of
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this subsection;
~}provide, prior to the end of the coverage period, a new ~certif cote of covers a showin
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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
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provide as required by its contract:
~i} a certifiicate of coverage, prior to the other person beginnin work on the ro'ect~ and
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iii) prior to the end ,af the coverage penod, a new certifiicate of cove a showin extension
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of the coverage per~ad, ~f the coverage period shown on the current certificate of covers a ends
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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
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year thereafter,
~G} notify the governmental entity in writing by certif ed mail or rsonal delive within ten
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days after the person knew or should have known, of any change that material) affects the
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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
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subparagraph and subparagraphs (A)-~G) of this paragraph, with the certificate of covers a to
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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
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declared to be severable.
fig} This rule is applicable for building or construction contracts advertised for bid b a
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governmental entity on or after September 1,1994. This rule is also a licable for those buildin
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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
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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
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.the legal requirement for coverage, ro verb whether your employer has provided the re uired
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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
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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
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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
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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
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{b) a new cert~cate of coverage showing extension of coverage, prior to the end o the coves e
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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
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are providing services.
J. By signing this contract or providing or causing to be provided a certr~cate o coves e, the
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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,
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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
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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.
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Aw5 Items to be Submitted with Prv osal
The following items are re fired to be submitted with the proposal:
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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~
~.
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~.._~_ ......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
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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
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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
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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
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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
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Agreement
Page 2 of 2
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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,
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~nlero Luna
a
Project Manager
~~~~~~:
1. scope of work
2. RS Means Cost Proposal ___. ......
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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
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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
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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
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. 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.
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SureTec Insurance Co. ,,,~,,,
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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
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Bond #: 4373724
STA'~E ~~ TE~-S ~
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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 ~
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,~~~ 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.
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SureTec Insurance Co.
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At'~arney-in~ fact
Barbara Newcomb
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..... the ,~~~c.~~Te~t ~~~t a~ the S~~t~r .~a ~Tt~~e~ ~~vut ~'~'X~, ~~ :.~o~..•. .,~.;~•
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~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