HomeMy WebLinkAboutC2025-121 - 7/15/2025 - Approved CDBG SERVICE AGREEMENT NO. 6537
CDBG - New Bayview Cemetery Fence
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THIS CDBG - New Bayview Cemetery Fence Service Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Clearfield Construction, LLC dba Alamo Decks and Fence
("Contractor'), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide CDBG - New Bayview Cemetery Fence
Services in response to Request for Bid/Proposal No. 6537 ("RFB/RFP"), which RFB/RFP
includes the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, are incorporated by reference
in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in
its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor shall complete CDBG- New Bayview Cemetery Fence Services
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. The term of this Agreement is three months beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for completion of performance, if necessary, provided, the parties do so in writing
prior to the expiration of the original term.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$208,845.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of
which is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 1 of 8
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Community Development Block Grant Funding. Contractor understands that this
Agreement is funded with Community Development Block Grant (CDBG) funds
and agrees to comply with the federal requirements, as shown in Attachment C.
Contractor further agrees to the following provisions:
(A) Contractor shall submit a construction schedule at least 10 days before
starting construction.
(B) The Contractor shall keep full and detailed accounts of materials, labor, and
equipment utilized for the Services. Subject to prior written notice, the City shall
be afforded reasonable access during normal business hours to all of the
Contractor's records related to the Services. The Contractor shall preserve all
such documents for a period of three years following final payment.
(C) Contractor and its subcontractors are required to comply with Davis-Bacon
wage rates ("Davis-Bacon Wage Rates") and must submit weekly certified payrolls
using the form shown in Attachment C1.
(D) Contractor shall install a CDBG project sign at the job site in a visible location
and include all required documents that must be displayed and/or described, as
detailed in Attachment C2.
(E) Contractor must use its best efforts to afford minority-owned business
enterprises and women-owned business enterprises (51% or more owned or
controlled by minority group members or women) the maximum practicable
opportunity to participate in the performance of these Services for this project.
5. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Liza Nino-Elizalde
Parks & Recreation Dept.
Phone: 361-826-3026
Email: lizan@cctexas.com
6. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 2 of 8
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment D, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment and/or performance bonds are required of the
Contractor to be provided to the City under this Agreement before performance
can commence, Contractor shall use the bond forms as shown in Attachment D.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement are
new, quality items, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and
that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment E by the manufacturer,
for the period stated in Attachment E. Attachment E is attached to this Agreement
and is incorporated by reference into this Agreement as if fully set out here in its
entirety.
(C) Contractor warrants that all Services shall be performed in accordance with
the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 3 of 8
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall perform the work required by this
Agreement as an independent contractor and furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may not utilize the work or services of subcontractors
in the performance of this Agreement.
13. Amendments. This Agreement may be amended or modified only in writing,
dated, and executed by an authorized representative of each party.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Liza Nino-Elizalde, Contracts/Funds Administrator
Parks & Recreation Dept.
400 Mann St., Suite 200, Corpus Christi, TX 78401
Phone: 361-826-3026
Fax: N/A
IF TO CONTRACTOR:
Clearfield Construction, LLC dba Alamo Decks and
Fence Attn: Mariano E. Molina, Managing Member
5150 Broadway, #170, San Antonio, Texas 78209
Phone: 210-320-2138
Fax: N/A
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 4 of 8
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT
WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN
CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR WHICH
RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE
CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT
ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED
THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND
PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND
EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE
INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF
THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days' advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions, if available, for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
purchased products or equipment and prior to receipt of the final payment by
the City.
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 5 of 8
20. Limitation of Liability. Each party's maximum liability under this Agreement is
limited to the total amount of compensation shown in Section 3 of this Agreement.
In no event shall either party be liable for incidental, consequential, or special
damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. CDBG Federal Requirements;
B. this Agreement (excluding attachments and exhibits);
C. its attachments, in order of appearance;
D. the bid solicitation document including any addenda (Exhibit 1 ); then,
E. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such forum and
venue for such disputes is the appropriate district or county court in Nueces
County, Texas. In accordance with Chapter 2271, Texas Government Code,
Contractor verifies that Contractor does not boycott Israel and will not boycott
Israel during the term of this Agreement. In accordance with Chapter 2274, Texas
Government Code, Contractor verifies that Contractor does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association and will not discriminate during the term of this Agreement
against a firearm entity or fire trade association. In accordance with Chapter
2276, Texas Government Code, Contractor verifies that Contractor does not
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 6 of 8
boycott energy companies and will not boycott energy companies during the
term of this Agreement.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this agreement, and the
Contractor agrees that the agreement can be terminated if the Contractor
knowingly or intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
[Remainder of page left blank]
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 7 of 8
CONTRACTOR
Mariano Molly a
Signature: Mariano Molina(Jul 11,202513:50 CDT)
Printed Name: Mariano Molina
Title: Managing Member
Date:
07/11/2025 M2025-085 Authorized by
Council u1 ti19095
CITY OF CORPUS CHRISTI R sS
Sergio Vi sana(Jul 18,202513:12 CDT)
07/18/2025 RHSB
Sergio Villasana Date ATTEST:
Director, Finance & Procurement �'eb2cca tfr�Yta
Approved as to legal form:
Re eccaa u6r a
Laa2I City Secretary
Elizabeth Hundley(Jul 16,202516:5 CDT) 07/16/2025
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Community Development Block Grant Federal Requirements
Attachment D: Insurance Requirements; Performance and Payment Bonds
Attachment E: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 6537
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement- New Bayview Cemetery Fence (CDBG) Page 8 of 8
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor will provide all materials, labor, supervision to complete the scope of
work as described below.
1.2 Scope of Work
1 . The Contractor shall provide installation of a 6' tall black aluminum commercial
grade powder coated ornamental fence around the perimeter (pictured in
Exhibit 1 ) with two public access entry gates and two maintenance gates.
2. The Contractor shall determine linear foot needed; job walk is required.
3. Public access gate quantity of two double swing gates, each 4' wide, smooth
top, with arch and lock, see Exhibit 1 for installation location.
4. Maintenance sliding gate quantity of two, see Exhibit 1 for installation location.
5. Maintenance gates must be sliding driveway gates, 20' x 6'.
6. Fence posts must be 12" diameter, set at 3' depth. Concrete must be 4000 psi
concrete and set 6" below finish grade, see Exhibit 2.
7. See Exhibit 3 for fencing style.
8. The Contractor shall properly dispose of trash and debris at the end of each
workday.
1.3 Work Site Locations
The work is to be performed at Bayview Cemetery, 2015 Kennedy Avenue, Corpus
Christi, TX 78407. Two locations, the first location near the intersection of Kennedy
Avenue and John Street. Second location near the intersection of Kennedy Avenue
and Nueces Street. Locations shown on maps in Exhibit 1 .
1.4 Contractor Quality Control and Superintendence
The Contractor shall ensure that the product and services meet quality standards
and are acceptable to the City's Contract Administrator to assure that the
Page 1 of 4
requirements of the Contract are provided as specified. The Contractor shall also
provide supervision of the work to ensure it complies with the contract requirements.
1.5 Warran
The work and materials provided must be warrantied for one year after installation
of each gate.
1.6 Federally Funded Contract
This work is federally funded by the Community Development Block Grant (CDBG)
Program. The CDBG program requires specific conditions and reporting as a
condition for providing this funding. The conditions and reporting forms of the CDBG
program are included in these contract documents. CDBG requirements will govern
in the event any conflict exists between the CDBG requirements and any other
provisions of the Contract Documents.
Page 2 of 4
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Page 4 of 4
se A_
ATTACHMENT B: BID/PRICING SCHEDULE
ow �� CITY OF CORPUS CHRISTI
H CONTRACTS AND PROCUREMENT
v BID FORM
'OONPORPE
1852 RFB No. 6537
CDBG - New Bayview Cemetery Fence
PAGE 1 OF 1
Date: 06/19/2025
Clearfield Construction, LLC dba Authorized
Bidder: Alamo Decks and Fence Signature: ZAA
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. The prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description Unit Qty Unit Price Total Price
1 Fencing Material LS 1 $132,300 $132,300
2 Labor LS 1 $76,545 $76,545
Total $208,845.00
Page 1 of 1
ATTACHMENT C
CDBG FEDERAL REQUIREMENTS
This project is being funded in whole or in part by the Community Development Block
Grant Program (CDBG). All federal CDBG requirements will apply to the contract.
Contractor and subcontractors are required to comply with the President's Executive Order
No. 11246 & Order No. 11375 which prohibits discrimination in employment regarding race,
creed, color, sex, or national origin. Contractor and subcontractors must comply with Title VI
if the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act, the Contract Work
Hours and Safety Standards Act, 29 CFR 5.5, and 40 CFR 33.240. The contractor must also make
positive efforts to use small and minority-owned businesses and to offer employment, training
and contracting opportunities in accordance with Section 3 of the Housing and Urban
Development Act of 1968.
Section No. Title
FR-1 Byrd Anti-Lobbying Amendment
FR-2 Clean Air Act and the Federal Water Pollution Control Act
FR-3 Contract Work hours and Safety Standards Act
FR-4 Copeland "Anti-Kickback" Act
FR-5 Debarment and Suspension
FR-6 Equal Employment Opportunity
FR-7 Program Fraud and False or Fraudulent Statements or Related Acts
FR-8 Section 3 Compliance
FR-9 Davis-Bacon Wages
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-1
BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
Reference: 31 U.S.C. § 1352 (as amended)
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-2
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
A. Clean Air Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401
et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the U.S. Department of Housing and Urban Development, and the
appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance.
B. Federal Water Pollution Control Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. §1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the U.S. Department of Housing and Urban Development, and the
appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance.
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-3
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
A. Overtime requirements. No Contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(1) of this section, in the sum of$33 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
C. Withholdinq for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such contract or
any other Federal contract with the same prime Contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (5) of this section. In the event of any violations of these clauses, the
prime contractor and any subcontractor(s) responsible will be liable for any unpaid
wages and monetary relief, including interest from the date of the underpayment
or loss, due to any workers of lower-tier subcontractors, and associated liquidated
damages and may be subject to debarment, as appropriate.
Special Conditions for CDBG Rev 6/2025
E. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate,
threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate
against, or to cause any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes
constitutes a violation of the Contract Work Hours and Safety Standards Act
(CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or
otherwise asserting or seeking to assert on behalf of themselves or others any
right or protection under CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any
proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
Reference: 29 CFR § 5.5(b)
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-4
COPELAND "ANTI-KICKBACK" ACT
A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
B. Subcontracts. The contractor or subcontractors shall insert in any subcontracts
the clause above and such other clauses as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
C. Breach. A breach of the contract clauses above may be grounds for termination
of the contract and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. § 5.12.
Reference: 29 CFR part 3
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-5
DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the Contractor is required to verify that the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
B. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by City of Corpus
Christi. If it is later determined that the Contractor did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available
to the City of Corpus Christi, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Reference: 2 CFR part 180, 2 CFR part 3000
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-6
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
A. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
B. The contractor will, in all solicitation or advertisements for employees place by or
on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex or
national origin.
C. The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
D. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
E. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations and orders of the
Secretary of labor, or pursuant thereto, and will permit access to its books, records
and accounts by the administering agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations and order.
F. In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations or orders, this contract
may be canceled, terminated or suspended in whole or in part, and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions as may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
Special Conditions for CDBG Rev 6/2025
1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
G. The contractor will include all portions of this section in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary
of Labor issued pursuant to section 2014 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that in
the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
H. Contractor will comply with Section 504 of the Rehabilitation Act of 1973, which
prohibits discrimination on the basis of handicap.
Reference: 41 CFR part 60-1.4(b)
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-7
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED
ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
Reference: 31 U.S.C. Chap. 38
Special Conditions for CDBG Rev 6/2025
FEDERAL REQUIREMENTS: FR-8
SECTION 3 COMPLIANCE
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall
begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section
3 clause, upon a finding that the subcontractor is in violation of the regulations in
24 CFR part 135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24
CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Special Conditions for CDBG Rev 6/2025
G. With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible (i) preference
and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
Certification Forms: Business Concern Self-Certification
Worker Self-Certification
Targeted Worker Self-Certification
Special Conditions for CDBG Rev 6/2025
Section 3 Business Concern Certification for Contracting
Instructions: Enter the following information and select the criteria that applies to
certify your business' Section 3 Business Concern status.
Name of Business:
Address of Business:
Name of Business Owner:
Section 3 Business Concern means a business concern as defined in 24 CFR 75.5, as
may be amended from time to time, and means a business concern meeting at least
one of the following criteria, as documented within the last six-month period through
self-certification or other means acceptable HUD:
❑It is at least 51 percent owned and controlled by low-or very low-income
persons; or
❑Over 75 percent of the labor hours performed for the business over the
prior three-month period are performed by Section 3 Workers; or
❑ It is a business at least 51 percent owned and controlled by current
public housing residents or residents who currently live in Section 8-
assisted housing. Is your business owned (51% or more) by individuals
whose household incomes are BELOW 80% of Area Median Income
(AMI)? See chart below.
I affirm that the above statements are true and accurate to the best of my knowledge. I
understand that businesses misrepresenting themselves as Section 3 concerns may face
contract termination and be barred from future opportunities. Under penalty of law, I certify that
the following information is correct.
Print Name:
Signature: Date:
*Certification expires within six months of the date of signature Information regarding
Section 3 Business Concerns can be found at 24 CFR 75.5
Section 3 Worker Certification Form
ELIGIBILITY FOR PREFERENCE
A Section 3 Worker seeking the preference in training and employment provided by this part shall
certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a
Section 3 Worker, as defined in Section 135.5.
I , (Print Name) am a resident of
(City, County, State) and qualify as a Section 3
Resident because I am a public housing resident OR because my household income does not exceed the
income guidelines by family size as published at the bottom of this form*.
Name: Telephone:
Address: (will be verified)
FY 2024—HOUSEHOLD INCOME GUIDELINES
Place a Check on the line Family Size Low Income
that is applicable
❑ lPer 50%AMI $27,650
❑ 1Per 80% AMI $44,250
* Circle the appropriate column based on household size and income—income limits are attached and/or
can be requested from Alvin Witcher at A1vinW&cctexas.com.
I hereby certify that the information provided by me to be true and correct and understand any falsification of any
of the information could subject me to disqualification from participation and punishment under the law.
Signature Date
Print Name
Section 3 Targeted Worker Certification Form
ELIGIBILITY FOR PREFERENCE
A Section 3 Targeted Worker seeking the preference in training and employment provided by this part
shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person
is a Section 3 Targeted Worker, as defined per 24 CFR 270.
I , (Print Name) am a resident of
(City, County, State) and qualify as a Section 3
Resident because I am a public housing resident OR because my household income does not exceed the
income guidelines by family size as published at the bottom of this form*.
Name: Telephone:
Address: (will be verified)
FY 2024—INCOME GUIDELINES
Place a Check on the line Size Very Low&
that is applicable Low Income
❑ 1 per 50%AMI $27,650
❑ 1 per 80% AMI $44,250
* Circle the appropriate column based on individual income—income limits are attached and/or
can be requested from Alvin Witcher at A1vinW&cctexas.com.
I hereby certify that the information provided by me to be true and correct and understand any falsification of any
of the information could subject me to disqualification from participation and punishment under the law.
Signature Date
Print Name
FEDERAL REQUIREMENTS: FR-9
DAVIS-BACON WAGE RATES
A. All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week at rates not less than
those contained in the wage determination of the Secretary of Labor, which is
attached.
B. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are
effective by operation of law even if they have not been attached to the contract.
C. Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s) of work actually
performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
D. Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein.
Reference: 40 U.S.C. 276a
Special Conditions for CDBG Rev 6/2025
DAVIS-BACON WAGE RATES
"General Decision Number: TX20250288 03/14/2025
Superseded General Decision Number: TX20240288
State: Texas
Construction Type: Building
Counties: Aransas, Nueces and San Patricio Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
JIf the contract is entered Executive Order 14026
linto on or after January 30, generally applies to the
12022, or the contract is contract.
renewed or extended (e.g., an The contractor must pay
loption is exercised) on or all covered workers at
after January 30, 2022: least $17.75 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2025.
JIf the contract was awarded onl . Executive Order 13658
for between January 1, 2015 andl generally applies to the
January 29, 2022, and the contract.
contract is not renewed or The contractor must pay alli
lextended on or after January covered workers at least 1
130, 2022: 1 $13.30 per hour (or the
applicable wage rate listed)
on this wage determination, 1
if it is higher) for all
hours spent performing on
that contract in 2025. 1
1 1 1
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 03/14/2025
* BOIL0074-003 01/01/2025
Rates Fringes
BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 33.17 24.92
----------------------------------------------------------------
ELECO278-002 08/25/2024
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 30.80 8.97
----------------------------------------------------------------
ENGIO178-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane. . . . . . . . . . . . .$ 32.85 13.10
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above. . . . .$ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under. . . . . . . . . . . . . .$ 32.35 13.10
----------------------------------------------------------------
IRON0084-011 06/01/2024
Rates Fringes
IRONWORKER, ORNAMENTAL. . . . . . . . . . .$ 28.26 8.13
----------------------------------------------------------------
* SUTX2014-068 07/21/2014
Rates Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20.04 0.00
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.21 ** 0.00
CEMENT MASON/CONCRETE FINISHER. . .$ 15.33 ** 0.00
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation). . . . . . . . . . . . . . .$ 19.77 7.13
IRONWORKER, REINFORCING. . . . . . . . . .$ 12.27 ** 0.00
IRONWORKER, STRUCTURAL. . . . . . . . . . .$ 22.16 5.26
LABORER: Common or General. . . . . .$ 9.68 ** 0.00
LABORER: Mason Tender - Brick. . .$ 11.36 ** 0.00
LABORER: Mason Tender -
Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.58 ** 0.00
LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.49 ** 2.13
LABORER: Roof Tearoff. . . . . . . . . . .$ 11.28 ** 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe. . . . . . .$ 14.25 ** 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13.93 ** 0.00
OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1.31
OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 16.22 ** 0.34
OPERATOR: Forklift. . . . . . . . . . . . . .$ 14.83 ** 0.00
OPERATOR: Grader/Blade. . . . . . . . . .$ 13.37 ** 0.00
OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.55 ** 0.94
OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 ** 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete). . . . . . . . .$ 16.03 ** 0.00
OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.70 ** 0.00
PAINTER (Brush, Roller, and
Spray). . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.45 ** 0.00
PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . .$ 25.80 8.55
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.64 8.16
ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13.75 ** 0.00
SHEET METAL WORKER (HVAC Duct
Installation Only). . . . . . . . . . . . . . .$ 22.73 7.52
SHEET METAL WORKER, Excludes
HVAC Duct Installation. . . . . . . . . . .$ 21.13 6.53
TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 11.22 ** 0.00
TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 14.74 ** 0.00
TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.39 ** 1.18
TRUCK DRIVER: Flatbed Truck. . . . .$ 19.65 8.57
TRUCK DRIVER: Semi-Trailer
Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 ** 0.00
TRUCK DRIVER: Water Truck. . . . . . .$ 12.00 ** 4.11
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the ED, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
.—SU"", " 'UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
END OF GENERAL DECISION"
Attachment C-1
U.S. Department of Labor PAYROLL MHO
Wage and Hour Division {For Contractor's+Optional Use,See Instructions at www.dol.govtwhdlformsdwh347instLhtm)
U.S.Wage uul Harvr Dlhislc>ox
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DEDUCTtDIIS
NAME AND INDIVIDUAL IDENTIFYING NUMBER4ET
GROSS 141i11 `.1AGES
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d'meelislie IYat GeBi paid net lets Oren he proper k}8ve-EaeCn pr ei"aege We rw me—K perTorrnetl.DOL 8M red—I carn,admg s�eneia3 retetining this iniorirmlim frview the wff matidnu tkft—ine tea[t pltpses in a reveiRd CSp liy r.q-ed wages and rrhW benefihs.
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any[aY.rn Bregarang1fie3e eslmalea or aA1'aih. tl the Admi,miralu.Wag—red Hcan Uivisiorl,U.S.DepanmeddLt ..flr 9350Z 203 CmshilokT,Jivc .N.W.
W ashcrghri,D.C.20210
ire}
Date (b)WHERE FRINGE BENEFITS ARE PAID IN CASH
1• ❑ — Each laborer or mechhanic Ilsled in the above referenced payroll has been paid.
(Name of Signatory Party) (Title) as Indirzitted on the payroll,an anwunt not lass than the sum of the applig:atala
do hereby Stale: basic hourly wage fate plus the amount of the ragwred fringe banerits as listed
in Ile ConVatt,except as noted M section A(C)below.
(1)That I pay of Supervise the payment 01 the personS employed by
(c)EXCEPTIONS
an the
(Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION
;that during the payroll period cemmentang on the
(BUi Idi rig or Work)
day of and Aming the day of
all pafatns employed on Said projact have been paid the lull weekly wages earned,Mat no rebales have
been or will be made either directly or indirectly to or an bthall I f said
from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that Ita deductions have been made eA.hat diradly or indirectly
Irom the full wages earned by any pefsol,miler than parmissible daducllon9 as defined in Regulations,Part
3(29 C.F.R.Subtitle A),Wiled by the Secrelary of tabor umdar the Copeland ACI,as amended(49 Slat.948,
62 Stal.108,72 Slat.9374 76 Stal_M7;46 L1.S..C_§3146).and described below:
REYAAP143.
(F)That arty payrolls olherMse under Ibis contract required to be submitted for the above palled we
Corr'ecl and t8mplate;that the wage rates for laborers or machanles contained Iherein any not lass than the
applicable wage rates contained in any wage determinatinn incorporated Into the contract;that the classifications
set forth therein for each laborer or mechanic confarm with the work he performed.
(a)That any apprentices employed in the above perlod are duly registered in a bona fie apprenlacaship
program"stared with a State appre t cash agency recognized by the Bureau dlApprenl aship and
Training,united Stales Depadmant-of Labor,or 0 no such gadcgnizad agency exists is a State,are registered
Alin tfle 8weau of Apprenticeship and Training,United Slates Department of Labor..
(4)That
(a)WHERE FRINGE aENEFETS ARE PAID TO APPROVED PLANS.FUNDS,OR PROGRAMS I AMEANa TrrLE S12"TURE
❑ — in addilion to the basic hourly wage rates paid to each labareror mechanic Ilsled in
the above raferenced payroll,payments 0l fringe benefits as kstad in the mniract THE WILLFUL FALSIFICATION CI-ANY OF THE ABOVE STATEMENTS MkY SualECr TIE CLYrTRACTUR OR
have been or wla be made I0 apprdppnale programs for the banetk of seen enllpbyees, SLIBC13WRA.CTOR TG CXVIL GR CRIMINAL RRGSECUTIgl.SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TRTE
except as noted in section A(c)heFow. 31 of THE LMTEG STATES CGOE
Attachment C-2
FIELD REQUIREMENTS:
CDBG Project Sign & Documents to be Posted
All posting documents must be placed in a visible location at the iob site on a notice board
accessihle to worker's view:
Davis-Bacon Poster: WH Publication 1321
Davis-Bacon Prevailing Wage Rates: Displays the Federal Wage Rates that apply to each individual
type of project.
Department of Labor's Job Safety and Health Protection Poster: The Occupational Safety and
Health(OSH) Act was enacted to "assure safe and healthful working conditions for working men and
women."
Workers Compensation Information: Contact information for workers' compensation in Texas.
EEOC/Executive Order 112461: Sets forth the anti-discrimination policy of this project. Parts II&
III are applicable along with Executive Order 11375 concerning employment discrimination on
the basis of race, color, sex, religion and national origin.
Affirmative Action Plan: Must be submitted by the prime contractor and all sub-contractors who
have sub-contracts of$10,000.00 or more on the project.
CDBG
PROJECT SIGN
8°
Red
PROJECT NAME Background
Project Address White Letters
CITY OF CORPUS CHRCSTi
White
Background
4 Community Deaeiopment Biock Grant (CDBG)
U. S, DEPARTM ENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
Contractor: Architect or Engineer:
Blue
Address: Address: Background
Phone Number: lirp Phone Number:
1h
Locate sign where it is most visible to the gublic.
Fix sign is made from 4 feet x 8 feet sheet of%" plywood.
Sign should be posted at a minimum of than 3' 6" high from ground
SIGN! DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT
MAY USE PORTABLE SIGNS
(Changes on size to be approved by PCDD)
Color and Information to be the same
WORKER RIGHTS
UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
WORKING ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
The law requires employers to display this poster where workers can readily see it.
PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted
WAGES with this notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours
worked over 40 in a work week.There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and
liquidated damages may apply if overtime pay requirements are not met.Davis-Bacon contract
clauses allow contract termination and debarment of contractors from future federal contracts
for three years.A contractor who falsifies certified payroll records or induces wage kickbacks
may be subject to civil or criminal prosecution,fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved federal or state
apprenticeship programs.
RETALIATION The law prohibits discharging or otherwise retaliating against workers for filing a complaint,
cooperating in an investigation,or testifying in a proceeding under the Davis-Bacon and Related
Acts.
PROPER PAY If you do not receive proper pay,or require further information on the applicable wages,contact
the Contracting Officer listed below:
or contact the U.S.Department of Labor's Wage and Hour Division.
P RN£NT Gp! �44'S�
namn WAGE
AND
• i 4
UNITED OF :•Rdol.gov/agencies/whd
tT,�,�-NF
DERECHOS DE LOS TRABAJADORES
BAJO LA LEY DAVIS-BACON
PARA OBREROS Y MECANICOS
QUE TRABAJAN EN PROYECTOS
DE CONSTRUCCION FEDERAL 0
CON ASISTENCIA FEDERAL
La ley exige que los empleadores coloquen este cartel en un lugar donde los trabajadores puedan verlo facilmente.
SALARIOS No se le puede pagar menos de la tasa de pago indicada en la Decision de Salarios
PREVALECIENTES Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempena.
SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa basica de pago por
todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas
excepciones.
CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los
salarios y el pago de sobretiempo debidos,y se podria aplicar danos y perjuicios
si no se cumple con las exigencies del pago de sobretiempo. Las clausulas
contractuales Davis-Bacon permiten la rscision del contrato y la exclusion de los
contratistas de futuros contratos federales durante tres ahos. El contratista que
falsifique los registros certificados de las nominas de pago o induzca devoluciones
de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o
encarcelamiento.
APRENDICES Las tasas de aprendices solo se aplican a aprendices correctamente inscritos bajo
programas federales o estatales aprobados.
REPRESALIAS La ley prohibe despedir o tomar represalias contra los trabajadores por presentar
una queja,cooperar en una investigacion o testificar en un procedimiento bajo la
Ley Davis-Bacon y Leyes Relacionadas.
PAGO APROPIADO Si no recibe el pago apropiado, o precisa de informacion adicional sobre los salarios
aplicables, pongase en contacto con el Contratista Oficial que aparece abajo:
o pongase en contacto con la Division de Horas y Salarios del Departamento de
Trabajo de los EE.UU.
MEN
DIVISION DE HORAS •No DEPARTAMENTO DE TRABAJO DE LOS EE.UU. dol.gov/agencies/whd
i.:
c
r�nr¢s ae>a
D-3 SHN Job Safety and Health
4 S THE LAW1.
U.S.Department of Labor and FWalth;Wminiwtr&UOn
All workers have the right to: Employers must:
■ A safe workplace. Provide employees a workplace free from
■ Raise a safety or health concern with recognized hazards. It is illegal to retaliate
your employer or OSHA, or report a work- against an employee for using any of their
related injury or illness,without being rights under the law, including raising a
retaliated against. health and safety concern with you or
with OSHA, or reporting a work-related
■ Receive information and training on injury or illness.
job hazards, including all hazardous
' Comply with all applicable OSHA standards.
substances in your workplace.
■ Request a confidential OSHA inspection ' Notify OSHA within 8 hours of a
of your workplace if you believe there are workplace fatality or within 24 hours of
unsafe or unhealthy conditions. You have any work-related inpatient hospitalization,
the right to have a representative contact amputation, or loss of an eye.
OSHA on your behalf. ■ Provide required training to all workers
■ Participate (or have your representative in a language and vocabulary they can
participate) in an OSHA inspection and understand.
speak in private to the inspector. ■ Prominently display this poster in the
■ File a complaint with OSHA within workplace.
30 days (by phone, online or by mail) ■ Post OSHA citations at or near the
if you have been retaliated against for place of the alleged violations.
using your rights.
■ See any OSHA citations issued to On-Site Consultation services are
your employer. available to small and medium-sized
employers, without citation or penalty,
■ Request copies of your medical through OSHA-supported consultation
records, tests that measure hazards programs in every state.
in the workplace, and the workplace
injury and illness log.
This poster is available free from OSHA.
Contact OSHA. We can help.
� J
DgU SeguddadSaluden el Trabajo
Administraci6n do
Seguridad y Salud iES LA LEY !
Todos los trabajadores tienen el derecho a: Los empleadores deben:
■ Un lugar de trabajo seguro. Proveer a los trabajadores un lugar de trabajo
■ Decir algo a su empleador o la OSHA sobre libre de peligros reconocidos. Es ilegal discriminar
preocupaciones de seguridad o salud, o contra un empleado quien ha ejercido sus
reportar una lesion o enfermedad en el trabajo, derechos bajo la ley, incluyendo hablando sobre
sin sufrir represalias. preocupaciones de seguridad o salud a usted
■ Recibir informacion y entrenamiento sobre o con la OSHA, o por reportar una lesion o
los peligros del trabajo, incluyendo sustancias enfermedad relacionada con el trabajo.
toxicas en su sitio de trabajo. Cumplir con todos las normas aplicables
■ Pedir una inspeccibn confidencial de OSHA de la OSHA.
de su lugar de trabajo si usted cree que hay Notificar a la OSHA dentro de 8 horas de
condiciones inseguras o insalubres. Usted una fatalidad laboral o dentro de 24 horas
tiene el derecho a que un representante se de cualquier hospitalizacion, amputacion, o
comunique con OSHA en su nombre. perdida de ojo relacionado con el trabajo.
■ Participar (o su representante puede participar) Proporcionar el entrenamiento requerido
en la inspeccion de OSHA y hablar en privado a todos los trabajadores en un idioma y
con el inspector. vocabulario que pueden entender.
■ Presentar una queja con la OSHA dentro ■ Mostrar claramente este cartel en el lugar
de 30 dias (por telefono, por internet, o por de trabajo.
correo) si usted ha sufrido represalias por ■ Mostrar las citaciones de la OSHA acerca del
ejercer sus derechos. lugar de la violacibn alegada.
■ Ver cualquieras citaciones de la OSHA emitidas Servicios de consulta en el lugar de trabajo
a su empleador. estan disponibles para empleadores de tamano
■ Pedir copias de sus registros medicos, pequeno y mediano sin citacion o multa, a travbs
pruebas que miden los peligros en el trabajo, de los programas de consulta apoyados
y registros de lesiones y enfermedades por la OSHA en cads estado.
relacionadas con el trabajo.
Este cartel esta disponible de la OSHA para gratis.
Llame OSHA. Podemos ayudar. per►-v-t �-
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AVISO A LOS,EMPLEADOS SOBRE LA
COMPENSACION PARA TRABAJADORES
EN TEXAS
COBERTURA: A partir de [effective date of certificate] , [name of
employer]
ha sido certificado por el Departamento de Seguros de Texas, Division
de Compensacion para Trabajadores (Texas Department of Insurance,
Division of Workers' Compensation — TDI-DWC, por su nombre y siglas en
ingles) (Division) como empleador auto asegurado (self-insured employer,
por su nombre en ingles), para proporcionar un seguro de compensacion
para trabajadores para protegerle en caso de una lesion o enfermedad
ocupacional relacionada con el trabajo. Las reclamaciones por lesiones o
enfermedades ocupacionales que ocurran en o despues de esta fecha seran
manejadas por [name of third party administrator]
. Un empleado o una
persona que actue en nombre del empleado, debe notificar al empleador
sobre una lesion o una enfermedad ocupacional a no mas tardar de treinta
(30) dias, a partir de la fecha en que ocurrio la lesion o en la fecha en la que
el empleado se entero o deberia de haberse enterado de la enfermedad
ocupacional, al menos que la Division determine que existio una buena
causa para que no se haya notificado al empleador dentro del tiempo
senalado. Su empleador tiene la obligacion de proporcionarle a usted
informacion por escrito sobre la cobertura cuando usted es contratado o
cuando su empleador adquiere o deja de tener una cobertura de seguro de
compensacion para trabajadores.
ASISTENCIAAL EMPLEADO: La Division proporciona informacion
gratuita sobre como presentar una reclamacion de compensacion para
trabajadores. El personal de la Division contestara cualquier pregunta
que usted pueda tener sobre la compensacion para trabajadores y
procesara cualquier solicitud de resolucion de disputas relacionada con una
reclamacion. Usted puede obtener este tipo de asistencia comunicandose
con su oficina local de la Division o Ilamando al telefono 1-800-252-7031. La
Oficina deAsesoria Nblica para el Empleado Lesionado (Office of Injured
Employee Counsel — OIEC, por su nombre y siglas en ingles) tambien ofrece
asistencia gratuita a los empleados lesionados y ellos le explicaran cuales
son sus derechos y responsabilidades bajo la Ley de Compensacion para
Trabajadores. Usted puede obtener la asistencia de OIEC comunicandose
con un representante de servicio al cliente de OIEC en su oficina local de la
Division o Ilamando al 1-866-EZE-OIEC (1-866-393-6432).
LINEA DIRECTA PARA REPORTAR VIOLACIONES DE
SEGURIDAD: La Division cuenta con una linea gratuita telefonica que
esta en servicio las 24 horas del dia para reportar condiciones inseguras
en el area de trabajo que podrian violar las leyes ocupacionales de salud
y seguridad. La ley prohibe que los empleadores suspendan, despidan o
discriminen en contra de cualquier empleado porque el o ella de buena
fe reporta una alegada violacion ocupacional de salud o seguridad.
Comuniquese con la Division al telefono 1-800-452-9595.
Notice 7(01/13) TEXAS DEPARTMENT OF INSURANCE,DIVISION OF WORKERS'COMPENSATION Rule 110.101(e)(2)
s
7, Know YourRights :
0
Workplace Discrimination is Illegal
'ry C;0
The U.S. Equal Employment Opportunity Commission 4EEOQ enforces Federal laws that protect you from
discrimination in employment. If you believe you've been discriminated against at work or in applying for
a job,the EEOC may be able to help.
Who is Protected? What Organizations are Covered?
• Employees(current and +Union members and • Most private employers •Educational institutions
former), including managers applicants for membership . State and local governments (as employers)
and temporary employees in a union (as employers) •Unions
• Job applicants •Staffing agencies
What Types of Employment Discrimination What Employment Practices can be Challenged
are illegal? as Discriminatory?
Under the EEOC's laws,an employer may not discriminate against All aspects of employment, including:
you, regardless of your immigration status,on the bases of: . Discharge,firing, or lay-off +Obtaining or disclosing
• Race disclosure of genetic tests, . Harassment(including genetic information of
• Color genetic services,or family unwelcome verbal or employees
• Religion medical history) physical conduct) •Requesting or disclosing medical
• Retaliation for filing a . Hiring or promotion information of employees
• National origin char e, reasonabl
• Sex(including pregnancy, g y • Assignment +Conduct that might reasonably
opposing discrimination, discourage someone from
childbirth, and related medical or participating in a • Pay(unequal wages or opposing discrimination,filing
conditions,sexual orientation, discrimination lawsuit, compensation}
or gender identity) a charge,or participating in an
investigation,or proceeding • Failure to provide investigation or proceeding
• Age(40 and older) •Interference,coercion,or reasonable accommodation +Conduct that coerces,
• Disabilitythreats related to exercising for a disability; pregnancy,
g intimidates,threatens,or
• rights regarding disability childbirth,or related medical interferes with someone
Genetic information g g g � condition;or a sincerely-held
(including employer requests discrimination or pregnancy exercising their rights,or
accommodation religious belief,observance someone assisting
for,or purchase,.use, or g or
or practice encouraging someone else
• Benefits toexercise rights, regarding
•Job training disability discrimination
• Classification (including accommodation)
• Referral or pregnancy accommodation
What can You Do if You Believe Discrimination has occurred?
Contact the EEOC promptly if you suspect discrimination.Do not delay, because there are strict time limits for filing a charge of
discrimination(180 or 300 days,depending on where you live/work).You can reach the EEOC in any of the following ways:
Submit an inquiry through the EEOC's public portal: Visit an EEOC field office(information at
https:[[pub1kportaLeeac.govlPortal Login.aspx www.eeoc.rgovI Id-office)
Call 1-800-669-4000(toll free) E-Mail infoPeeoc.rgov
1-800-669-6820(TTY) 0 f0
1-844-234-5122(ASLvideo phone) Additional information about the EEOC,
including information about filing a charge of
discrimination, is available at www.eeoc.gov.
Conoma sus r .
La DiscriminaciOn en el Lugar de Trahajo es Ilegal
ry Go
La Comisi6n Para la Igualdad de Oportunidades en el Empleo (EEOC, por sus siglas en ingles) de los EE. UU.
hace cumplir las leyes federales que to protegen contra la discriminaci6n en el empleo.Si cree que ha sido
discriminado(a) en el trabajo o al solicitar un trabajo, la EEOC puede ayudarle.
jQuien est6 Protegido? tQu6 Organizaciones est6n Cubiertas?
•Ernpleados(actuales y anteri- • Miembros de sindicatos y • La mayoria de los • Instituciones educativas
ores),incluyendo gerentes y Solicitantes de membresia empleadores privados (como empleadores)
empleados temporales en un sindicato
• Gobiernos estatales y locales • sindicatos
•Aplicantes de trabajo (como empleadores) . Agencias de empleo
ZQu6 Tipos de Discriminaci6n Laboral son 1Qu6 Practicas Laborales Pueden ser
Ilegales? Discriminatorias?
Segun las leyes de la EEOC,un empleador no puede Todos los aspectos del empleo,incluyendo:
discriminarlo,independientemente de su estatus migratorio, . Despidos • Obtenci6n o divulgaci6n de
por motivos de: • Acoso(incluyendo conducta informaci6n genetica de los
• Raza •Tomar represalias por presen- fisica o verbal no deseada) empleados
•Color tar un cargo, oponerse razon- . Contrataci6n o promoci6n • Solicitud o divulgaci6n de
ablemente a la discriminaci6n informaci6n medica de los
• Religion o participar en una demanda, ' Asignaciones empleados
•Origen national investigaci6n o procedimiento • Remuneration(salarios
ensaci6nles o ua tom 'Conducts que podria desa1en-
•Sexo(incluyendo embarazo, por discriminaci6n desi g P ) tar razonablemente a alguien
parto,y condiciones m6dicas • Falta de ro orcionar ads ta-
• Interferencia,coercion o P P p de oponerse a la discrimi-
relacionadas,orientaci6n sex- amenazas relacionadas con ciones razonables para una nation,presentar un cargo o
ual o identidad de gnero) el ejercicio de los derechos discapacidad;embarazo, participar en una investigaci6n
• Edad(40 anos o mas) relacionados con la discrimi- panto o condici6n medica o procedimiento
• Discapacidad naci6n por discapacidad o la relacionada al embarazo o Con ducta que coaccione,intim-
acomodaci6n por embarazo parto;o para la observancia
• Information genetics ide,emanate o interfiera con
o practice de una creencia
(incluyendo solicitudes del religiose sinters el ejercicio de sus derechos por
empleador para la compra, pane de alguien,o alguien que
el use o la divulgaci6n de • Beneficios ayude o aliente a otra persona
pruebas geneticas,servicios • Formaci6n profesional a ejercer sus derechos,en rel-
geneticos o historia'l medico • Clasificaci6n aci6n con la discriminaci6n por
familiar) • Referencias discapacidad(incluyendo las
adaptaciones)o adaptaciones
por embarazo
ZQu6 Puede Hacer si Cree que ha Ocurrido Discriminaci6n?
Comuniquese con la EEOC de inmediato si sospecha discriminaci6n. No demore,porque existen Iimites de tiempo estrictos para
presenter una denuncia por discriminaci6n(180 o 300 dial,segun el lugar donde viva o trabaje). Puede comunicarse con la EEOC
de cualquiera de las siguientes maneras:
Presenter una consulta a traves del Portal Publico de la EEOC: Visite una Oficina de Campo de la EEOC(informaci6n en
hiips:Ypub icportoLeeoc.goy/PortaIILogin. www.eeoc.gov/fr"eId-o,ffce)
Llame 1-800-669-4000(numero gratuito) Corre Electr6nlco: infoC)eeoc.gov
1-800-669-6820(TTY) Information adicional sobre la EEOC,incluyendo
1-844-234-5122(Video Telefono de ASL) informaci6n sobre c6mo presentar un cargo de
discriminaci6n,esta disponible en www.eeoc:gav/es.
AFFIRMATIVE ACTION PLAN
in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing
&Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall,
on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that
will immediately take any reasonable measures necessary to effectuate this policy. Notice
of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be
so notified. All Equal Opportunity posters will be displayed as required.
has been appointed as the Equal Employment Opportunity Officer to coordinate
company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc.
Attachment 42 reflects present employment of the company and percentage goals for projected hiring of lower-income residents,
minorities and women.
AFFIRMATIVE SUBCONTRACTING
In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and
approximate dollar amounts in each category for the duration of this project. will use the
HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry.
Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible.
Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with
Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more.
UTILIZING LOWER INCOME RESIDENTS,MINORITIES AND WOMEN
To the maximum extent feasible, and any subcontractors will use lower income
residents as trainees, apprentices and workers (if qualified)to complete the work on this project. Special outreach efforts will be
made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts
will also be made to recruit minorities and women. and all its subcontractors will
determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made
known to the resources named above. Attachments#2 and 43 shall be completed by
and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment
#2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents,
minorities and women.
PROMOTION,DEMOTION,PAY RATES,LAYOFFS,ETC.
All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color,religion, sex or
national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance.
RECORDS AND REPORTS
will submit all reports required in a timely fashion. The Company will also assure that
all subcontractors shall submit required reports as needed.
(print) Name of Executive Officer SIGNATURE DATE
(print) Name of EEO Officer SIGNATURE DATE
COMPANY NAME:
ADDRESS:
PHONE NO.:
Attachment D: Insurance and Bond Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor Agency to commence work
until all similar insurance required of any subcontractor Agency has been
obtained.
2. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in
Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability $1 ,000,000 Per Occurrence
Including:
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
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3. In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
B. ADDITIONAL REQUIREMENTS
1 . Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred
by the Contractor will be promptly met.
2. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
3. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
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• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and
not less than ten (10) calendar days advance written notice for nonpayment of
premium.
5. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if
any, which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this agreement.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City
of Corpus Christi for liability arising out of operations under this agreement.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2025 Insurance Requirements
Ins. Req. Exhibit 4-13
Contracts for General Services- Services Performed Onsite
03/07/2025 Risk Management- Legal Dept.
Bonds
A performance bond will be required. The bond must be submitted
for approval before work can begin on the project. A copy of the payment
bond template is attached and incorporated into this Attachment D.
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PERFORMANCE BOND BOND NO.
Required if Contract Price exceeds$100,000
Contractor as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address(principal place of business):
Physical address (principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address(principal place of business):
Parks and Recreation Surety is a corporation organized and existing
1201 Leopard Street under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its authority
to do business in the State of Texas and its license
Contract to execute bonds in the State of Texas.
Project name and number: Telephone (main number):
Telephone (for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: DATE Address:
Contract Price: 0.00
Bond Telephone:
E-Mail Address:
Date of Bond: The address of the surety company to which any
(Date of Bond cannot be earlier than Award Date of notice of claim should be sent may be obtained
the Contract) from the Texas Dept. of Insurance by calling the
following toll free number.1-800-252-3439
Bond 1
Rev 5/2025
Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal
faithfully performs the Work through the Warranty Period required by the Agreement,then this obligation
shall be null and void;otherwise the obligation is to remain in full force and effect. The Agreement between
Owner and Contractor is incorporated by reference into this Statutory Performance Bond, pursuant to
Chapter 2253 of the Texas Government Code. Provisions of the bond shall be pursuant to the terms and
provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at
length herein. Venue shall lie exclusively in Nueces County, Texas.
Contractor as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
Bond 2
Rev 5/2025
ATTACHMENT E: WARRANTY REQUIREMENTS
1 year workmanship and 1 year material warranty
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