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HomeMy WebLinkAboutC2005-496 - 8/23/2005 - Approved .... r S P E c: I A L 2005-496 08/23/05 M200S-266 Zimmerman Construction Co. PRO V I S ION S ....' S PEe I FIe A T ION S - AND FORMS o F CON T RAe T S .. If 0 R - _1__,-,--",-,- --------..--- SENIOR CENTER IMPROVEMENTS 2004,--200.5 (CDBG) AND BONDS PROJE~I -,~_.~ - --<...-.-')...,.---...------"".......-",.-~-.--""-----~-....__._..._ .1 :l:'ROJECT .1\HCHITECT: - CHUCK A&~ASTOS ASSO(":IATES, INC. PO .BOX :fefB "/f'j4G3-'3383 1001 Sa:"u:a Fe, f:uite ~ 78404 -:::ORP.US CR.lUS'l'I, TRX7~ TEu; 361. D34. 4.11,22 362. lHl4 _ 4419 .........~~..."I\'1f\, ...-;'t; OF .,.~ " l"kt::~'~r!-/b".7~~?\ t.~) I j)lr {' Y. 'JI( , , I~:::~ ! . . ~~R 0 '.~, -'. 72,'139 .fJl UEPARrMEU'I OFEl\:~.,.[NEERING o::>ERVICES .~';">',l:' -(lk:'-!.:.~#,:: CIT? OF CORPUS CHR :rSTI r T~' s t\'iA~ioS!~L'~\':.~:<' :?hone: 361/880-3500' "1, N~......, L ... ..-,-... Fax:~fl) HHO'-35?1 I (',Q O.~ . 1 c/ ./ . J"AX: I:MA It. : caai,nc:a:l:ch@aoJ. . com - [. ~~l;-~~~--;;;;-_.-'---J ....__fl..."............... 'WIItl__~______ (;:~.:~- N;~:~=~;;~~.~_~~~=-~ - ~.,._ ----_0-__., """'I!!"-'_.____" _""""'_'__'^'._.' ......,_..~....,,'..,'.'..,=-,' ',_ ~ ~~%~~ ~ == ChrIsti ADDENDUM NO.3 August 9, 2005 ~~- TO: ALL PROSPECTIVE BIDDERS SUBJECT: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) PROJECT NO. 3283 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged, I . DRAWINGS Sheet 1 of 13, Title Sheet and Index Delete: Boxed Excavation Notification Note. in its entirety Add: Revised Boxed Excavation Notification Note, (Attachment No.1) Note: The City of Corpus Christi will no longer be using Texas One Call as its notification system for any excavations done in and around the City limits. The new notifying system that will be used is Dig Tess. Please acknowledge receipt of this addendum in the appropriate place in your PROPOSAL FORM. END OF ADDENDUM #3 ARE7eo r f~~ Angel R. Escobar, P.E. Director of Engineering Services ADDENDUM NO.3 Page 1 of 1 Engineering Servlce~ PO. Box 9277 · Corpus Christi. Texas 78469-9277 . (512) K80-3500 ~~ , , '----...----..-/ - --'~'-"- '-~ ----- J ---....-/ ,---- '''"' I ~ ',>--- l.lJ (~~t~ ........---, (\ "-) II l.u (' .0 - "',J '--. -- ---..J '~ ( , .~ I> , \ ( ,) ~ ---.1 - _ --J "'-. 1--- c3 '::( I ~ tJ ,.,.) () ~ :=:) c~" a N\ O,.J~ ') Lu >-- <- Q: LJ "( C() Q:Q en I V)cO f-- 2 ~:- en :z: LJ U) (]J ~ Ci co 1____ ~ __ I r OLJ N\ f=: (J f-- ') ct ~=- U} OJ I '( c) :s . -- ~~ Q;>QjC:JQ c) Q (~ Lu ~\ c rY\ !-- --.) \J\..J () - c~ ] j I 6 0:' Q \-- ) C ",:.} ~~, ~.., . tJ;~j . ", ~,'" 4 Q ~ o ct u Lu f--- r "'", ~~ (~ \'--- OLl) -JI --JCO -J~ LuC() enl o =20 Q:CO lLJl f---\,--- en ~f--- :S:~ ~r ~--- :'~ (~ Ci) >-~ 2~ Ct:li~ ~~I cnOOJ UCD Lu2CD <01 0--0 -J~O ~C() Lu~1 =eLL\--- ~ -- ~ O~ 2~ .......... Addendum No.3 Attachment No. 1 FAX TRANSMISSION Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax: 880-3501 To: ALL PLAN HOLDERS Date: August 5, 2005 Pages: 14 (including fax sheet) , Angel R. Escobar, P.E. J!~Je~ Director of Engineering S~~:s From: Subject: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 PROJECT NO: 3283 ADDENDUM NO. 2 Comments: This fax transmission contains the signed, sealed (I-page) addendum and Attachment No.1 (12-pages), for the above noted project. The addendum includes the addition of an asbestos removal and disposal specification and also revises the sump pump and basin, for the LJndale Senior Center site. Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. , '-. ~ 8~%~; = = ChrIsti IAOOENOUM NO. ~ ~ ~ .... .......~ 05 August 2005 TO~ ALL PROSPECTIVE BIDDERS PROJECT: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) PROJECT NO: 3283 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the addendum shall remain unchanged. I. PART A - SPECIAL PROVISIONS A. ADD: New para2raph A-50. as follows: A-SO Removal and Disoosal of Asbestos (ADDmONAL SCOPE OF WORK) An asbestos survey was conducted at each of tile Senior Center proiect sites. No proiect site was found to have asbestos present EXCEPT Lindale Senior Center. It was detennined approximatelv 616 SF of roorm!! material must be removed and disOOled of in accordance with the latest OSHA and Environmental Protection A!!encv Guidelines for the safe removal of asbestos roofin!! materials. Refer to ATI'ACHMENT #1. The safe removal and dispOsal of onlv 616 SF of asbestos roofin!! materials shall be included in the base bid. Anv additional materials found durin!! the miti!!ation shall be considered additional scope of work and will be handled as a Chan!!e Order. II. DRAWINGS A. Shed 5(#13, PROJECT#6lJNDAU - EI.EV ATION &DEfAlLS,BASIN /WEIWElLSCIIEDULE DELETE: Specified sump pump and basin. ADD: Zoeller Pu.P Company. Preassembled Sump Pump Systems 900 Series. #900- 0003 / M72. in lieu thereof. END OF ADDENDUM #2 iate place in your PROPOSAL FORM. C6 4.)~ oS Charles H. Anastos, AlA Chuck Anastos Associates, Inc. ADDENDUM NO.2 Page 1 of 1 Engineering 5efVlces P.Q, Box 9277 . Corpus Christl, Texas 78469-9277 . (512) 880-3500 Attachment NO.1-Asbestos RemoVal & Disposal Specification (12 pages) All Points Environmental, LLC Asbestos Co.sulting _ Industrial Hygiene _ Safety Indoor Air Qua6ty . Training _ Environmental http!/w\,,"w.apenyiro.com 500 N. Water St., Ste. 301 · Corpus Christi, Texas 78471 (361) 882-3393 · Fax: (361) 883-1511 August 4, 2005 Mr. Kevin Stowers EngineeriDg Department City of Corpus Christi P.O. Box 9277 Corpus Christi. Texas 78469-9277 Re: Senior Centers Improvements Project #3283 JOHN 080405.001 Dear Mr. Stowers: Enclosed are the Specifications for Asbestos Removal of the roof for the Lindale Senior Center. If you have any questions or require additional information do not hesitate to call. Thank you. a~~, ~=) Armando Medina {- Regional Manager AM/em ATTACHMENT #1 AOOENDUM NO.2 AUachment No.1 Page 1 of 12 All Points Environmental, LLC Asbestos Consulting . Industrial Hygiene . Safety Indoor Air Quality . Training . Environmental http://www.apenviro.com 500 N. Water St., Ste. 301 · Corpus Christi, Texas 78471 (361) 882-3393 · Fax: (361) 883.1511 eo ,15"\""""..",,., INDUSTRIAL HYGIENE EVALUATION SPECIFICA TIONS FOR ASBESTOS REMOVAL Roofing Material Lindale Senior Center 3125 Swantner Corpus Christi, TX ADDENDUM NO. 2 Attachment No. 1 Page 2 of 12 All Points Environmental, LLC Asbestos Consulting . Industrial Hygiene _ Safety Indoor Air Quality . Training http://www.aoenviro.com 500 North Water Street St. 301 Corpus Christi, TX. 78471 (361) 882-3393 · Fax: (361) 883-1511 August 4,2005 Mr. Kevin Stowers City of Corpus Christi ElJIineering Department P.O. Box 9277 Corpus Christi, Texas 78469 RE: Asbestos Abatement Plan for the Lindale Senior Center located at 3125 Swantner Street in Corpus Christi, Texas. Dear Mr. Stowers: Please find attached the design plan for the subject job. If you have any questions, please do not hesitate to call. ;&/.~~~ Richard p, Griffin President cm Certification No. 1676 DSHS Consultant License #10-5322 Expiration Date: September 22, 2005 ADDENDUM NO.2 Attachment No. 1 Page 3 of 12 PROCEDURES FOR REMOVAL OF ASBETOS CONTAINING MATERIALS Lindale Senior Center 3125 Swantner Street Corpus Christi, Texas 1. INTRODUCTION This plan was developed for the Contractor to assure compliance with the latest OSHA and Environmental Protection ABeney (EP A) and Guidelines for the safe removal of asbestos roofmg materials. This document will have precedence in the decisions and work practices involved in the removal and disposal of Asbestos Containing Materials (ACM). The Asbestos Consultant for this project will be All Points Environmental LLC" DSHS Consultant #10-0099. Any questions regarding specifications may first be directed to Mr. Armando Medina, All Points Environmental, LLC, Corpus Christi, Texas, (361) 882-3393. All Points Environmental will also provide an individual licensed as an Asbestos Project Manager and an Air Monitoring Technician to oversee the abatement activities. The work of this project will be performed for the City of Corpus Christi at the Lindale Senior Center located at 3125 Swantner in Corpus Christi, Texas. The exact scope and limits of the Work are the sole responsibility of the Contractor, and he shall determine and verify all quantities, dimensions, locations, conditions, and situations affecting performance of his work and the work area(s). 2. Description of Work A. The work specified herein shall include but is not limited to: (1) Preparation of the Project site and Work Area. (2) Appropriate preparation of Work Area. (3) Abatement of specified and/or required asbestos containing and contaminated materials. (4) Appropriate final cleanup of Work Area(s). (5) Proper disposal of asbestos containing construction debris. (6) The structure is scheduled for renovation. 2 ADDENDUM NO.2 Attachment No. 1 Page 4 of 12 B. The work specified herein shall be the renovation of the commercial structure by competent persons trained, knowledgeable and qualified in the techniques of removal of ACM roofing materials. The Contractor must comply with all applicable Federal, State, and Local regulations and be capable of and willing to perform the work of the Contract. C. The Contractor shall supply all labor, material, services, insurance, licenses, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State, and Local regulations, contract documents, and these specifications. D. There are time restrictions for the completing of the work. The Work shall be initiated on the date given by the City of Corpus Christi, The completion date will be on or before the date given by the City of Corpus Christi except as such date may be extended by delays approved by the Owner in accordance with the terms of the Contract Documents governing the project. 3. Scope of Work The scope of work shall require the removal and disposal of asbestos containing materials for the City of Corpus Christi at the Lindale Senior Center in Corpus Christi, Texas. The scope of work shall require the removal and disposal of approximately 616 square feet of roofing material. The Contractor must supply the materials and manpower necessary to perform specified work and decontaminate the affected areas, appropriate to achieve work areas release/clearance criteria. The specifications do not include "additional work" which has not been identified and may be required. 4. THE FOLLOWING CONDmONS WILL BE A PART OF THlS CONTRACT: A. Consultant will prepare the Texas Department of State Health Services Notification, and the Owner will pay the required fees. B. Contractor will have on site any required Occupational Safety and Health Administration (OSHA) documentation at all times. C. All work will conform to the latest OSHA and Environmental Protection Agency (EP A) Regulations. D. Material Data Sheets will be on site for each chemical that the Contractor brings on the Owner's property. E. The Contractor will present the owner/owner's representative with the Waste Manifest form before any asbestos containing waste is allowed to leave the job site. Manifest will be signed by the Owner or the Contractor on site. F. Owner will supply water and power. The water and power will be available in most areas. The Contractor must extend to service his Work area. G. Contractor will provide a Ground Fault Circuit Interrupter (GFCI) on any electrical equipment at all times. 3 ADDENDUM NO.2 Attachment No. 1 Page 5 of 12 H. Contractor's personnel shall occupy only those areas essential to the project, L Contractor shall not park vehicles on lawns and will be responsible for damage to landscape. J. Contractor shall not possess alcohol, firearms, or illegal substances on the Building Owner's property . 5. TRAINING All personnel involved with this project must submit documentation of the required training and experience as stated in the following paragraphs: Proiect Supervisors: This person must have a 40-hour Asbestos Contractor/Supervisor course certificate. Workers: This person must have had at least an 8-hour asbestos training course. 6. EMERGENCY PLAN (OSHA CFR 1910.1001) The Contractor shall develop an emergency plan in accordance with applicable rules and regulations, and it shall be adhered to in the event of an emergency and shall address the following sections. It is the responsibility of the project supervisor and shift supervisor to educate and brief all personnel on this emergency plan. A. Asbestos Emergencies Asbestos emergencies will include, but are not limited to the following conditions: · Elevated airborne fiber concentrations in excess ofO.OJ flee · The spill of asbestos containing waste materials · The release of asbestos fibers from the work area B. Inj.ries All injuries are to be reported to the on site supervisor who will assist the employee to obtain medical assistance. The building owner's representative will also be notified and kept informed of the injury. The on-site supervisor will fully document all injuries in the on-site log. First aid equipment sufficient for on-site personnel shall be readily available at the work site. 4 ADDENDUM NO, 2 Attachment NO.1 Page 6 of 12 C. Security and Safety in tbe Workplace (OSHA 29 CFR 1910.45) ( I ) The Contractor's project supervisor will assign a person for each shift to monitor the needs of the worker's around the area. The designated person will remain in the work area, pass supplies up to the work area, and maintain a log of all personnel in the work area. This person will be responsible for ensuring that no unauthorized personnel enter the work area. (2) The work area is to be kept free of trip, slip, and fall hazards. (3) Fire Safety: At least one fire extinguisher, with minimum National Fire Protection Association rating of IOBC (dry chemical), shall be placed within each abatement project for every 3,000 square feet or fraction of area. (4) EI~cal Safety: Ground-fault circuit interrupter (GFCI) units shall be installed on all electrical circuits used within the regulated areas. 7. WORKER PROTECTION A. The following items are to be made available for employees if requested or needed: · Disposable protective suits · ANSI approved safety glasses · Cloth gloves · Approved hard hats · Rubber boots with steel toes (Skid resistant footwear) · Safety harnesses will be available if work heights are greater than six feet B. Work Area Limitations The folJowing activities are not allowed within the work areas of this project: Consumption of Food or Drink: No person will eat, drink, chew gum, or consume any food or liquid within the work area. Tobacco Products: No person will chew, dip, or smoke. Removal of Protective Eq,uipment: No person will remove their protective equipment until completing all mandated removal procedures. An exception will be made in an emergency situation, such as the need of immediate first aid or in case of fire. 5 ADDENDUM NO.2 Attachment No. 1 Page 7 of 12 8. SIGNS AND LABELS (29 CFR 1926.1101) Caution barrier tape shall be used to demarcate the area that removal will take place, Only approved personnel shall be allowed to pass the barrier. 9. ASBESTOS ABATEMENT REMOVAL PROCEDURES A. Blaek Roofing Material ( 1) Any person working on the roof will have a minimum of the OSHA, specified fall arrest system requirements (29 CPR 1926.502 (d). (2) A layer of6-mil polyethylene shall be placed on the ground of the work area. (3) Water shall be applied during the removal of the ACM to assure that the material to stay adequately wet. (4) Roofing material shall be removed utilizing hand tools. (5) After all the roofing material has been removed, it shall be lowered to the ground. Do Not .DDm (6) The Supervisor on site will inspect all materials before loading for disposal. (7) All asbestos containing material may be stored on site in a locked building or disposal box awaiting disposal. (8) The roofing material shall then be disposed of according to the DSHS and EP A regulations. (9) Workers shall decontaminate themselves by wet wiping, 10. WASTE DISPOSAL I SITE RECORDS (Asbestos Waste Manifests) (EPA 40 CFR 241) Submit name, address, and TCEQ pennit number of the approved landfill disposal site. The Abatement Contractor shall furnish a copy of the transporter manifests and receipt from the disposal site operator showing when and where the ACM was received, The green (initial generator) copy shall be given to the Owner at the time helshe sign it. 6 ADDENDUM NO., 2 Attachment NO.1 Page 8 of 12 11. AIR MONITORING BY THE CONSULTANT Air sampling shall be done to determine if there are any airborne fibers escaping the work area and will be conducted by a license Air Monitoring Technician. Sampling during the abatement project may include but not limited to the following as applicable to the sampling strategy. ( I) Personal Sampling (2) Area Sampling: (a) Inside the regulated area. (b) Outside the regulated area. ( c) Upwind and downwind sampling. 12. FINAL REPORT BY THE CONSULTANT A final report documenting the abatement activities shall be completed by the Project Manager at the completion of the abatement activities. The final report shall include the following information: (1) A summary of the work performed. (2) A brief description of how the work was accomplished. (3) A description of any problems encountered during the project. (4) A copy of the narrative maintained at the job site. (5) A copy of the air monitoring and results performed by the contractor, (6) A copy of the log of the employees' entering and exiting the work area. (7) The name, title, and signature of the person who prepared the report. The Contractor is responsible for documenting all abatement activities and should be able to generate documentation when requested by a Project Manager or a Texas Department of State Health Services representative. 7 --..- ADDENDUM NO.2 Attachment No. 1 Page 9 of 12 Rug 03 05 01:58p HSM 3618831511 p.2 '" ( All Points Environmental, LLC Asbestos Censulting 0 Industrial HYI~~ 0 Safety Indoor Air QuaUty 0 Training 0 EBvironmentaJ hllp:!/",\ \\'.apcll\'iro.col1l 500 N. Water St., Ste. 301 · Corpus Christi. Texas 78411 (361) 882-3393. Fax: (361)883-151 J August 3, 2005 Mr. Kevin Stowers Engineering Department City of Corpus Christi P.O. Box 9277 Corpus Christi. Texas 78469~9277 Re: Scaior Centers Improvements Project #3283 J08# 080105.001 Dear Mr. Stowers: All Poillts Environmental. LLC. ha.. conducted a limited asbestos survey On the Senior Centers. The lab results are outlined below. Broad..or Senior Center on 1651 Talton Street: DrywalVfextlllC taken from Entrance: Sample fICOl-123 - None Detected llCO 1.130 - None Detected #COl-149 - None Detected Roofing Material: Sample #C01~510 - None Detected #COl~S28 - None Detected #COI-549 - None Detected Ethel E~erly .Senior Center on '54 Gndlam Road: Blue 12 x 12 Floor Tile: Sample #COI-I08 - None Detected *<:01-104 - None Detected #CO I ~ 1 09 - None Detected White 12 x 12 Floor Tile: Sample #COI-2020 - None Detected #CO 1-205 - None Detected #COl-208 ~ None Detected --.-, ADDENDUM NO,2 Attachment No. 1 P::l~ 10 nf 1? Rug 03 05 01:58p HSM 3618831511 CGDt. Et.el ETt!rly Senior Center on 654 Graham Road: Maroon Covbase: Black Window Putty~ Sample #CO 1-300 - None Detected Sample #COl-500- None Detected #e0l-304 - None Detected #COl-SQ4 - None Detected #COI-307 - None Det~ed #COl-509- None Detected Roofing Material: 2 x 2 Ceiling Tile Sample #COl-loo- None Detected Sample #COl-202- None Detected #COt..)20- None Detected #COl-221 - None Detected #COt-l30 - None Detected #COI-245 - None Detected #C01-1S8 - None Detected #COI-165 - None Detected #COl-182 - None Detected Greenwood Senior Center on 4040 Greenwood Drive: Gray/Green 9 x 9 Floor Tile: Saq.le #COl-104 - None Detected #COl-l13 - None Detected #COl-129 - None Detected Blue 12 x 12 Floor Tile: Sample #COl..207 - None Detected #CO 1-217 - None Detected #COI-253 - None Detected Green 12 " 12 Floor Tile: Sample #COl-333- None Detected #COl-349 - None D<<ectcd #COI-382 -. None Detected White 12 x 12 Floor Tile: Sample #CO I 408 - None Detected #COl-423 - None Detected #COl-444 ~ None Detected Liadale Senior Ce..tcr on 3135 Sw.nter Drive: 2 x 4 Ceiling Tile: Sample fiCO 1-1 00 - None Detected #COt-tO? - None Detected #COt-II3 - None Detected Drywall from f'uroown: Sample #COl-202 - None Detected #COl-2070 - None Detected #COl-213 - None Detected 12 x 12 Floor Tile: Roofmg Material: Sample #COI-313 - None Detected #COI-331 - None Detected #COl-340 - None Detected Sample #COl-410 - S% Chrysotile #COl-42S - 5% Chrysotile #COl-451 - 5% ChrysotiJe 2 p.3 ADDENDUM NO.2 Attachment No.1 Paae 11 of 1? Rug 03 05 01:581' HSN NORbwat Senior Center on 9725 UpRiver Road: 12 x 12 Vinyl Floor Tile: Sample #84 " 38 ~ #84-25- #84 - 03 - None Detected None Detected None Detected Drywall from Game Room: Sample #84 - 15- #84-22~ #84 - 09 ... None Detected None Dete<<ed None Detected Zavala 8eaior Center on 510 Osage Street: Drywall from Activity Room: S~le #84 * 103 - None Detected #84 - 001 - None Detected #84 - 025 - None Detected 12 x 12 Vinyl Floor Tile from Game Room: Sample #84 - 15 - #84 - 203- #84 - 414- None Detected None Detected None Detected 3618831511 Drywall from Arts &. Crafts Room: Sample #84 - 13 - #84-05- #84 - 85 - Window Caulking: Sample #84 - 99 - #84 -58 - #84-41- 12 x 12 Vinyl Floor Tile: Sample #84 - 62 - #84-07- #84 - 33 ~ #84 - 71 - None Detected None Detected None Detected None Detected None Detected None Detected None Detected None Detected None Detected None Detected 12 x 12 Ceiling Tile: Sample #84 - 310 - None Detected #84 -332 - None Detected #84 - 361- None Detected p.4 Complete report will be forthcoming. If you have any questions or require additional jnronnation'~ please call Mr. Armando Medina at (361) 882-3393. ~ dJ;~~) Q=~~.~ Regional Manager AM/em 3 ADDENDUM NO.2 Attachment No. 1 Page 12 of 12 FAX TRANSMISSION Department of Engineering Services Major Projects Division City of Corpus Christi P,O, Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax: 880-3501 To: ALL PLAN ROOMS Date: July 29, 2005 From: vji~- Pages: 3 (including cover sheet) Angel R. Escobar, P.E. ~ ~ Director of Engineering Serv' s Senior Center Improvements Project 2004-2005 (CDBG) Project No. 3283 Addendum No. 1 Subject: Comments: This fax transmission contains the signed, sealed addendum from Chuck Anastos Associates, me. . The addendum postpones the Bid Date one (1) week from August 3, 2005 to Wednesdav Autmst 10, 2005 at 2:00 D.m. Location and Time of Bidding shall remain unchanged. Additionally, the addendum provides general clarifications to the various notes in the drawings and specifications. Addendum No.2 will follow shortly to provide other clarifications to the project. Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. ,/.-" '" ~ 8~%~~ ='" == ChrIsti !ADDENDUM NO. 11 ~ 29 July 2005 ro: ALL PROSPECTIVE BIDDERS PROJECT: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) PROJECT NO: 3283 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the addendum shall remain unchanged. 1. GENERAL CLARlFICA nON A. Working hours: All work shall be coordinated with Senior Services staff to not interfere with each senior center's daily operations, Successful bidder shall provide a detailed work schedule coordinated with the activities for each facility. B. Zavala Senior Center: The condensing unit has already been replaced. Please " disregard any reference in the plans and specifications to its replacement. C. Zavala Senior Center (Sheet 8 of 13, Note #02): The gravel on the West parking lot only must be removed before any of the parking lot improvements may begin. D. There are multiple references in the Construction Documents to "verifY with the Architect on site". Each reference requires the Contractor and the Architect to clarify the actions necessary to successfully complete the exact task. In these cases the Construction documents do not completely describe the quantity of Work. For purposes of bidding, use the following quantities: 1. Lindale Senior Center (Sheet 4 of 13, Note #03): "Replace existing ceiling tiles in Kitchen area & prime, prime & paint gypsum board furr down area." Figure 34 SF of gypsum board, 100 SF of damaged ceiling cavity, 100 SF of painting & 20 SF of acoustical ceiling tile replacement. 2. Greenwood Senior Center (Sheet 7 of 13, Note #05): "Remove and replace existing vinyl composition flooring. Verify extent of vinyl base replacement on site with Architect." Figure 3170 SF of vinyl tile replacement and 100 LF of base replacement. ADDENDUM NO. I Page I of2 Engineering Services p,O, Box 9277 . Corpus Christi. Texas 18469-9277 . (512) 880-3500 3, Greenwood Senior Center (Sheet 7 of 13, Note #06): "Repair any ceiling defects, replace damaged ceiling tiles, paint gypsum board. Verify the extent of work on site with Architect." Figure 100 SF of gypsum board, 418 SF of paint & 150 SF of vinyl tile. 2. PART A - SPECIAL PROVISIONS A.. PARAGRAPH A-I. TIME AND PLACE OF RECEIVING PROPOSALS/PRE- BID MEETING AND NOTICE TO BIDDERS . Prospective Bidders are hereby advised that the scheduled Bid Opening date has been postponed from Wednesday, August 03, 2005 at 2:00 p.m., to Wednesday. AU21Ist 10.2005 at 2:00 D.m.. Location and Time of Bidding shall remain unchanged. END OF ADDENDUM #1 Charles H. Anastos, AlA Chuck Anastos Associates, Inc. ADDENDUM NO.1 Page 2 of2 S PEe I A L PRO V I S ION S S PEe I FIe A T ION S AND FORMS o F CON T RAe T S AND FOR ,':" BON D S SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) PROJECT ARCHITECT: CHUCK ANASTOS ASSOCIATES, INC. PO BOX 3883 78463-3883 1001 Santa Fe, Suite A 78404 CORPUS CHRISTI, TEXAS TEL: 361.884.4422 --1roF'r~~, FAX: 361.884.4419 i~rr'*.'(,*\ II EMAIL, caaincarch@aoLcom ~~ FOR "'~"''''''':ii289.''}i~ DEPARTMENT OF ENGINEERING SERVICES +. ....~(:' ---4Y..~f CITY OF CORPUS CHRISTI, " ...~/srr.~~':".","'~, / .. :0.;..,... "-7_ Phone' 361 880-350 ~'\-fuNAL ....- . ....", ,-- Fax: 361/880-35 1 b 8- os I PROJECT NO: 3283 I DRAWING NO; PBG 686 ,. {. . ~~:~: . . .... . . ~~: :; \~.., 88234 ..6j " .(_.~~:tI~ " .~v~~~_/ " AL. 40- '"...,...-- 6~l).-{)S (,',"-!i~~!.d >-.1/'':;'); SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 10/21/98) NOTICE TO CONTRACTORS - A Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Prole,'ts For Government Entities PART A 1 A'2 A 3 A 4 A 5 A 6 A-7 A 8 A,9 A,lO A lJ A-12 .", 1J A-14 A-le, A-16 " 17 ...... A 18 A 19 A 20 A 21 A 22 A 23 A' 24 " ;as ...... A 26 A 27 A 28 A-29 A 30 A 31 A 32 A 33 A 34 I. J':: A36 A - SPECIAL PROVISIONS 'rime and place of Receiving Proposals/Pre-Bid Meeting Def inl t ionsmd Abbreviations Uescrlption ~}f Project Method of Award Items to be Submitted with Proposal Time of Completlon/Liquidated Damages Workers Compensation Insurance Coverage Faxed Proposals Acknowledgment of Addenda Wage Rates Cooperation with Public Agencies Maintenance of Services ~rca ~CCCGD ~Rcl Traffic Contr~ NOT USED Construction Equipment Spillage and Tracking Excavation and Removals Disposal/Salvage of Materials riola Office NOT USED Schedule and Sequence of Construction construction Staking Testing and Certificatlon Project Signs Minority/Minority Business Enterprise Participation Policy (Revised 10/98) Inspection Requlred Surety Bonds Caleo TQJr E1iemption NO LONGER APPLICABLE 6/11/98) Supplemental Insurance Requirements Responsibility for Damage Claims considerations for Contract Award and Execution Contractor's Field Administration Staff Amended "Consideration of Contract" Requlrements Amended Policy on Extra Work and Change Orders Amended "Execution of Contract" Requirements Conditions of Work Precedence of Contract Documents -Ci try ~vater [',"1.ei1 i tics Cf'lceial Rcquiremefito NOT USED Other Submittals PdgC 1 of ' !\ n Amended "Arr'angement dnd Charge for Water Furnished by the City" A 18 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-J9 Certificate of Occupancy and Final Acceptance A 40 Amendment tc, Section 8--8-6: Partial Estimates h 11 Qgone~~YieoFy NOT USED A 42 OSHA Rules & Regulations A,43 Amended Indenmification & Hold Harmless (9/98) A-44 Year 2000 Warranty (2/99) A 45 Change Orders (4/26/99) .7\ 1 C Dis!3@eal of IIi13R1y Chlorinated \'Jater (7 ,Is; ,lOg) NOT USED }'~ 11--I're COflstructiefl E:q:llol":1tory C]~ea.'atiofls (7/S/0@) NOT USED A48 Overhead Electrical Wires (7/5/00) ? 49 Amend "Maintenance Guaranty" (8/24/00) Submittal Transmjttal Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 025414 - Aggregate for Surface Treatment and Seal Coats Section 025416 .. Seal Coat PART T - TECHNICAL SPECIFICATIONS DIVISION 2 - SITEWORK Section 02055 - SOlIs Section 02060 - Aggregate Section 02225 - Minor Demolition for Remodeling Section 02311 - Rough Grading Section 02315 - Excavation and Fill Section 02324 - Trenching Section 02362 - Termite Control Section 02470 - Drjlled Concrete Piers Section 02740 - Flexible Pavement Section 02821 - Chain Link Fences and Gates Section 02842 Parking Bumpers Section 02923 Landscape Grading Section 02925 Sodding DIVISION 3 - CONCRETE Section 03100 - Concrete Forms and Accessories Section 03200 Reinforcing Section 03300 Concrete Section 03930 .. Concrete Rehabilitation DIVISION 4 - MASONRY Section 04065 - Masonry Mortar and Grout Section 04900 - Masonry Restoration and Cleaning DIVISION 6 - WOOD AND PLASTICS Section 06114 .. Wood Blocking and Curbing Section 06610 - Glass Fiber Reinforced Plastic Page 2 of 3 DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 07130 ~ Sheet Waterproofing Section 07180 - Traffic Coatings Section 07190 - Water Repellents Section 07512 - Protected Membrane Built-up Asphalt Roofing Section 07591 - Preparation for Reroofing Section 07620 - Sheet Metal Flashing and Trim Section 07710 - Manufactured Roof Specialties Section 07900 - JOlnt Sealers DIVISION 8 - DOORS AND WINDOWS Section 08114 - Standard Steel Doors Section 08115 - Standard Steel Frame Section 08710 - Door Hardware DIVISION 9 - FINISHES Section 09220 - Portland Cement Plaster Section 09260 - Gypsum Board Assemblies Section 09512 Adhesive Applied Acoustical Ceilings Section 09650 - Resilient Flooring Section 09900 - PaJnts and Coatings Section 09960 - High Performance Coatings Division 15 - Plumbing Section 15130 - Pumps Division 16 - Electrical Section 16000 - Electrical General provisions LIST OF DRAWINGS Sheet #1 Title Sheet Sheet #2 Project #1 Sheet #3 Project #2- Sheet #4 Project #3 Sheet #5 proj ect #3. Sheet #6 proj ecl #4 Sheet #7 Project #4 Sheet #8 Project #5- Sheet #9 Project #5- Sheet #10 Project #6- Sheet #11 Project #6- Sheet #12 Project #7, Sheet #13 Project #7 NOTICE & Index Oveal williams Site Plan Broadmoor Site Plan Lindale- Floor Plan Lindale Exterior Elevation & Details Greenwood Site Plan Greenwood Floor Plan Zavala Site Plan Zavala Floor Plan Ethel Eyerly Site Plan Ethel Eyerly Floor Plan Northwest Floor Plan Northwest Foundation Plan AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page :3 at :\ NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christl, Texas for: SBNIOR CBMTER ~S PROJECT 2004-2005 (CDBG): Consisting of Work at seven (l)- project sites: minor demolition; excavation and fill; site grading; termite control; poured in place concrete; asphalt repair; asphalt restoration/coating, exterior foundation/wall waterproofing; concrete repair/rehabilitation; masonry restoration and cleaning; parking lot striping; French drain and catch basin system; concrete coating; masonry sealing; roof repair; roof flashing replacement; gutter and downspout replacement/refinish; building expansion joint replacement; caulking; corrosion mitigation; exterior door repair/ replacement; exterior door hardware replacement; stucco repair/replacement; interior framing; gypsum board restoration/replacement; wall moisture control; interior finish restoration /replacement; painting and coating; ADA/TAS accessibility upgrades; electr.lcal wiring; ail in accordance with the drawings, specifications, and contract documents; will be received at the office of the City Secretary until 2:00 EN on wednesday, August 03, 2005, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting lS scheduled for Tuesday, 26 July 2005, beginning at 10:00 AM, at Park and Recreation Main Conference Room, 3rd F1oor, City Ball, 1201 Leopard St., Corpus Christi, TX, The pre-bid meeting will be conducted by the City. The Consultant AlE, Chuck Anast os, A. I .A., will be present and will provide for questions and answers This project is funded through the CODDIWl:ity Deve1opoent Act of 1974 by funds approved in FY2004 and FY2005. Approxi.JDate1y 100% of the total estimated project cost wi11 be funded through this source, A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a nonresponsive proposal which will not be considered, Failure to provide required performance and payment bonds for contracts over $25,000.00 w1.1l result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is sublect to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids, Plans, proposal forms, specifications and contract documents may be procured from the City Englneer upon a deposit of Fifty and no/IOO Dollars ($50.00) as a guarantee of their return 1.n good condition wi thin two weeks of bid date_ Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS Isl Angel R. Escobar, P.E. Director of Engineering Services Isl Armando Chapa City Secretary Rev; sed } /5/0C: NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS A INSURANCE REQUIREMENTS Revised September, 1997 A Certificate of lnsulince indicQting proof of coverage in the following amounts ,s requIred: H. q. -----..-------- TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE "- ._._----------- ;J.y Notice of Cancell.ation required on Bodi1y Injury and Property Damage ::erti fica tes - :::rcial General L i ab i lj t Y i rw 1 ud i ng : $2,000,000 COMBINED SINGLE LIMIT Corrunercial Form Premises - Operations Explosion and Collapse Ha 7. a rd Underground Hazard Products! Completed Operations -d Contractual Insulance Broad Form Propclty Damage Independent Cant r"actors Personal Injury OBILE LIABILITYnOWNED NON-OWNF:O $1, 000, 000 COMBINED SINGLE LIMIT ~NTED "-.. WHICH COMPLIES WITH THE TEXAS WORKERS ' ERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT )YERS' LIABILITY $100,000 ---..------. ';8 LIABILITY $1,000,000 COMBINED SINGLE LIMIT - :SSIONAL POLLUTION r ,lABILITY! $7,000,000 COMBINED SINGLE LIMIT (ONMENTAL IMPAIRMENT COVERAGE ["I REQUIRED Limited to sudden & accidental X NOT REQUIRED harge; to include long-tern ronrnental impact fo! the disposal of aminants -...- --_._~._.- - DERS' RISK S(~e Section 8-6-11 and Supplemental Insurance Requirements X REQUIRED [] NOT REQUIRED ---.- I\LLATTON FLOATEH $IOO,OOO Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [' REQUIRED X NOT REQUIRED .-_._-_..._-----_._~._.- ----"-- I 'O-D I all ~. I omm, ! I ; 'jrl za h l\UTOM OR RJ WORK :,:MPL( r:XCE. PROFf F.NVII t..Jot disc ""vi ,ont l::llJIL INST Page I of 2 The C:J.ty of Corpus Christi must be named as an additional insured on all coverages -xu'pt worker's compensation liability coverage. The name of the ProJect must be listed under "description of operations" on each 'prtifi'lte 01 -insurar ~f~. Fur edch insurdnce overaqe, the Contrclctor shall obtain an endorsement to the 'pp! icaL1E~ insurance policy, siqned by the insurer, providing the City with thirty 30 ,jays prior written 1101 ic,~ of cancellation of or material change on any ovprdge The Contr..d,oT shall provide to the City the other endorsements to nsurance policies or coverages which are specified in section B-6-11 or Special I rovi:~ ions sect ion of 'he conI. L11 ~t t- <>Jmplered "Disclosure of Interest" must be submi tted with your proposal. ~;hould you have any questions regarding 1nsurance requirements, please contact the Cont.ract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS -8 NOTICE TO CONTRACTORS B WORKER'S CO~P~~SATION COVERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GCVEro~ENT ENTITIES ':'exas law requi::-es that :710st contract.ors, subcc~l:~actors, and .)t.hers providing work or serv:ces for a City building c::- construction ~)rc:::ec~ must be covered by worker's compensation insura:lce, authorized self-i~surance, or an apprcved worker's compensac~=~ coverage agreerr.ent. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) ~o provide 1 of the 3 forms of worker's compensacion coverage, the C~~y will require such coverage for all individuals providing work or ser-',rices on this proj ecl:. at any time, including during the mai::::e:-..ance guarancy period, :..otor carriers which are required to regis::er with the Texas Depar::~ent of Transportation unde~ Texas Civil stac~tes Article 667Sc, and which provide accidental insurance cover~ge under Texas Civil Statutes Article 6675c, Seccion 4(j) need not ;:=ovide 1 of thE 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of whicr. is attached and deemed i~corporated into the project contract. Please note that under section 110.110: ! . certain language rr:ust be included in the Contractor' s Contract with the City and the Contractorls contracts with subcontractors and others providing services for the Project; c-. the Contractor ':"5 required to submit ".:0 the City certificates of coverage for its employees and for all subcontractors and others providing services on the proj eet . The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the requi~ed notice at the job site, By sig~ing this Contract, the Contractor certifies thac .- will timely compli" with these Notice to Contractors "B" requirements. NOTI.CC :-0 CONTRACTORS - B IReviaea 1/13/'81 PClqe 1 of ., 8/7/18 ,) L~"- ,. 'J. l . ~ r;ige 1 0. C Title 28. NSl.R.\~CE Part fI. TEXAS \,\.'ORKERS' CO!\lPENSA TION COMMISSION Chapter 1l0. REQUffiED NOTICES OF COVERAGE Subchapter B. EMPLOYER NOTICES $ 110.110 Reponing Requirements for Building or Construction Projects for Governmental Entities (a) The foUowing words and terms, when used in this rule, shall hzve the following meanings, unless the context clearly indicates otherwise. Te:ms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so de!IDed. (1) Certifie<.re of coverage (cerriiiC2.Ie}-A copy ora certificate cfbsurnnce. a cenificate ofautborny to self-insure issued b:t the commission, or a workers' compensation coverage agreement (lWCC-8 I. . TWCC-82. TWCC-83. or TWCC-S4), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including t.bose subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or consuucrlon-Has the mea.ning defined inthe Texas Labor Code, S 406.096(e)(I). (3) Contractor-A person bidding for or awarded a building or cansuuction project by a governmental entity. (4) Coverage-Workers. compensation insurance meeting the stZtUtory requirements of the Texas Labor Code, S 401.011(44). (5) Coverage 2.greement-A written ~greement on form TWCC-S 1, form lWCC-82. form IWCC-83, or form IWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the panies for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be respoosible for providing workers' compensation coverage for persons providing serVices on the project. (6) Duration orme project-Includes the time from the beginning of work on the project until the work on the project has been completed ~'ld accepted by the governmental entity, (7) Persons Froviding services on the project ("subcontractor" h~ 9 406.096 of the Act)-\Vith the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities penonning all or pan oCme services the contractor has undenaken to perform on the project, regardless o{whether that person contracted directly with the COntractor and regardless ofwhemer that person has employees. This .includes but is not limited to independent contractors, subcontractors. leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform se!Yices on the project. "Services" includes but is not limited http://~sos.state.tx.usltacl2SIIl/II0/Bn10.11 O.html :IOTICE TO CONTlUl.CTORS - E! Revised 1/13/981 Paqe 2 of 7 8/7/98 28 1.':.(. ...; 1 -' Page2 ct6 :0 pr:::\~c:::g, ::2:lling, or deU'..ering equipment or :::z:eri31s. or ;::rcviding tabor, transpor:~tion. or othe, service re:~:e:: to a project. "Services" does not L"1ch:ce acti\;r:es ur.:elated to the projec:., s:!ch as food/::-ever:l.;;e ....endors. offic~ supply deliveries, a..::i delivery of;:onable toilets. (8) Prcje~-Inc1udes the pro',1sion of all services rei:!~ed to a building or construction cO::tract for a govem':1e~~:t! entity. (b) Providir.g or causing to be provided a cenifica:e or coverage pursuant to this rule is a represe~taticn by the insured :.hat all employees of me insured who are providing s~rvices on the project a:-e c~'/ered by workers' compensation coverzge, that the coverage is based on proper reporting or classification codes and payroll amOUnts, and that ail coverage agreements have been tiled with the appropriate insurance carrier Of, in the case or a self-insured, with the commission's Division of Self-Insura:;ce Regulation.. Providing false or misleading certificates of coverage, or failing to provide or c:aintain required coverage, or failing to report any chznge that materially affectS the provision or coverage may subject the CDntractor or other person 'providing services on the project to adminisL-a!ive penalties, criminal penalties. civil penalties, or other civil actions. (c) A govefi'~ental entity ttat enters into a buildi."1g or COnstruC7...:on contract on a projeqt shall: (I) include in [he bid specmcatioos, all the provisions of paragraph (7) of this subsection, I.:sing the language required by paragraph (1) of this subsection: (2) as part of the cootract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before tt.e end of the Cl1f6ent coverage period, if the contraaor's current certificate of coverage shows that the coverage period ends during the duration oftbe project; and (B) no later t!"..an seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the ce~.iiicates of coverage to the commission upon request and to any person entitled !O them by law; and (7) use the language contained in the following Figure 1 for bid speciiications and contracts, without any additionai words or changes, except those required to accommodate the specific docwnent in which they are contained or to impose stricter standards of documentation: T28SIIO.lI0(c)(7) tbl http://www.sos.state.tx.usltac.1281II11101B1I10.11 O.htwJ NOTICE TO CONTRACTORS - 9 Revised 1/13/981 Paqe 3 ot 7 Sn198 :'~TAC 110.110 Page 3 of6 :) A contractor shall: ~l} provide coverage for its empioyees providing services on a project, fc:- tr.e duration of the project ~ased on proper reporting of classE:c~on codes and pa},-oU amounts ami fl:::g of any covernge agreements; (2) provide a certificate ofcovernge showing workers' compensation coverage to the governmental emiry prior to beginnbg work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of covernge showing extension of ccverzge, if the coverage period shown on the conrractor's current .:ertificate of coverage ends during the duration of the project; . (4) obtain from each person providing services on a project. and provide to L1.e govenunental entity: (A) a certificate of coverage, prior to that person beginning work on the project., so the governmental e."1tity will have on file certificates of coverage showing coverage for all pe:-sons providing services on :::e project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing enension of coverage, if the coverzge period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notifY th.~ governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or shouJd have known. of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project she informing all persons providing services on the pl'oject 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 by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type; and shall be in both Eneli~l:r 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction projeCt must be covered by workers' compensation insurance. T;.is'includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or Status as an employee." ~Ca1I the Texas Workers' Compensation Commission at 512-440-3789 to receive infonnauon on the legal requirement for coverage. to verify whether your employer has provided the required coverage, or to rcpon an employers taiIure to provide coverage. .. http://www.sos.state.tx.usltad28/U/1101B/110.11 O.html tlOTICl: ':0 COKTl\AC'1'ORS - B Re~.ed If131'.. u.qe.. 4 _ ~._.1 8n/98 2B TAC ~ ;0.110 Page4 or 6 (8) ccm:-ac~ally require ~ch person with wher:: :~ comrac:s :::: ;::-o\.ide services 0:: 3. ;::roject to: (A) provide coverage based on proper reporti.."1g of classification codes and payroil amounts and tiling of any coverage agreemems for aU of i:s empicyees providing services cn the project, for the duration of the project; (B) provide a certificate or" coverage to the cont.--actor prior to that person beginni.--:g work on the projec: (C) induce in all comraCLS w provide services cn the project the language in subsec::ien (e)(3) ofdUs section; (D) provide the contraCLC., prior to the end of the coverage period, a new cenifica:e of coverage showing extension of coverage, if the coverage period shown on the current certiii~te of coverage ends during the duration oithe project; (E) obtain from each other person mill whom h contracts, and provide to the comractor: (i) a certificate of coverage, prior 10 the other person begirming work on the project; :l..,d (Ii) prior to the end of the coverage period, a new cenificate of coverage showing extension of the coverage period. if the coverage period shown on the current cenwcate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project a."lC for one year thereafter, (G) notify the governmer.ul entiry in writing by certified mail or personal delivery, v.ithin ten days after 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 ~ch other person with whom it conrraC"..s. to perform as reqUired by subparagraphs (A)-(H) of this paragraph, .with the certificate of coverage to be provided to the person for whom they are providing semces. (e) A pe~on providing services On a project, other than a contractor, shall: (I) 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; (2) 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 fonowing language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided it. certificate of cov~ge, the person signing this contract is representing to the governmental entity that all employees of the person signing this contra~ who will provide services on the project will be covered by workers' compensation coverage http://\\"WW,sos.state.tx..usltacl2SllIllI9{J3jlI0.ll O.hgnl NOTtCE TO COKrl\ACToas - B ~~.ed 1/13/9') .~.o.L.7 sn198 ",0 ............. , .V. 11V t'age ~ or 0 for ti:e d:.:ration of the project, that the cc.,eage will be based on proper reporting of classification codes and payroll ar.:oums, and that all coverage agreemems will be filed with the appropriate insura::c: carrier or, i:1 the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading i....rormatiOD may subject the contractor to administrative penalties, criminal pe:1alties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate or coverage ends during the duration of the project; . (5) obtain from each person providing serYices on a projeCL under contract to it, and provide as required by its contract: (A) a certificate of coverage., prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing ex:tension of the coverage period. if the coverage period shown on the current certificate of coverage ends during the duration of the proj~ (6) retain all required certiiicates of coverage on file for the duration of the project and for one year thereafter; (7) notifY the governmental entity in writing by certified mail or personal delivery, of any change that materially aneets the provislon of coverage of any person providing services on the project and send the notice within ten days after the person knew or should bave known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agr~ents for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of covera~e ends during the duration or the project; - (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a ce~cate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the http://www.sos.state.tx.usltacl28/IJ/lI0fB/IIO.IIO.html NOTta: 1'0 COtCt'8ACTORS - 8 R.ev!.ed 1113"'. ~'1'qe , of , Sn198 '::5 LA'- l1V.11V Page 60f6 duration or" ~be contract; (F) retain ail required cenifca~es or coverage on file for the duration of .he project and for one year thereafter; (G) notify the govemmenta.i crout)' in writing by cenUied mail or personal delivexy, \Vithin ten days after 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) conrracrually require each person with whom it contracts, to perform as required by this . subparagraph and subparagraphs (A}{G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid,. the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application., and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a govermnental entity on or after September I, 1994. This rule is also applicable for those building or construction contracts entered into on or after September t I 1994, which are not required by Jaw to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who. are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Depanment of Trans po nation and who provide accidental insur2.nce coverage pursuant to Texas Civil Statutes, Article 6675c, 9 40). (I) The coverage requiremellt hthis rule does not apply to. sole proprietors, partners, and corporate officers who meet the requirements of the Act" ~ 406.097(c), and who are explicitly excluded &om coverage in accordance with the Act, ~ 4Q6,097(a) (as added by House Bill 1089, 74th Legislature, 1995, 9 1.20). This subsection 2.pplies only to sole proprieto.rs, partners, and corporate executive officers who. are excluded from coverage in an insurance policy or certificate of authority to s..e1f-insure that is delivered, issued for delivery, or renewed on or after January I, 1996. Source: The provisions of this ~ 110.110 adapted to. be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexR.eg 8609. Return to. Section Index http://www.S9s.state.tx.usltac/281011101Bl110.110.htmf _ _u "._____ NOTtCE ro CONTAACTORS - B Rn1uc:l 1/131t" .aqe 1 of , Sn/98 PART A SPECIAL PROVISIONS SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) SECTION A - SPECIAL PROVISIONS A-I Time and Place of Receiving Proposals/Pre-Bid Meeting cealed proposals \'Jl 1 ;)e received in conformity with the official advertisement il1vItJng bids for the project. Proposals will be received in the office of the City :'~cretary, located on the first flooe of City Hall, 1201 Leopard Street, until 2:00 PM, Wednesday, August 03, 2005. Proposals mailed should be addressed in the 1 lowing manner: Cit) of Corpus Christi Ci ty Secretary's ')ff j ce 120J Leopard Street Corpus Christi. 1exas 78401 ATTN: BID PROPOSAL- SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) ;. pre,b1d meeting wUl be held on Tuesday, 26 July, 2005, beginning at 10:00 AM, at t lie Park and Recreat ion Main Conference Room, 3rd floor City Hall, 1201 Leopard. The ;:.rebid meeting will be conducted by the City , The Consultant A/E, Chuck Anastos, A , W1 11 be present and and wi] 1 provide for questions and answers. individual site vi~ifations will be conductec:!__bY_!:!:r~~lli. A-2 Definitions and Abbreviations Section B 1 of the General Provisions will govern. A-3 Description of Project ::!lSiSeS at Work at seven (7) project sites: mInor demolition; excavation and fill; site qlddinq; termite contr;;.l; poured In place concrete; asphalt repair; asphalt : 03torat 1 on! coat ing, exte: lor foundat lCm/wall waterproof ing; concrete repair/rehabilitation; nd030nry restoration and c eaning; parking lot striping; Prench drain and catch basin system; 'llerete cOdting; masonry sealing; interior finish restoration; roof repair; roof flashing '"placement. gutter and dO',vnspout replacement/refinish; building expansion joint replacement; ulking; ,'orrOSlon mltigdtion; exteLl.or door repair/replacement; exterior door hardware ,'-'p Lacement stucco r'epi ir / replacement; inter ior framing; gypsum board restoration; ~placement. wall moistur. control; interior finish restoration /replacement; painting and .dLin<:l; ADA/TAS accessill.lity upgl'ades; electrlcal wiring; all in accordance with the :rlwings specificatLons, lnd other construction documents. A..4 Method of Award The bids will be evaluated based on the following priority, subject to availability funds: L Total Base Bid, or 2. Total Base Bid plus Additive Bid Alternate #1, or 3 Total Base Bid plus Additive Bid Alternates #1 and #2 4 Total Base Bid plus Additive Bid Alternates #1, #2 and #3 The CIty reserves the right to reject any or all bids, to waive irregularities and accept the bid which, in the City's opinion, is most advantageous to the City and the best interest of the pub11 C. Section A SP (Revised 9/18/00) Pa~:Jf~ or 2n A-S Items to be Submitted with Proposal f lJov,ing icems arE' !,e_qlljred to be submitted 'Nith the proposal: 5% Bid Bond (Must reference SENIOR CENTER IMPROVEMENTS PROJECT 2004 -2005 (CDBG)) as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2 Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages ne working time for complet ion of the ,ntractol sha]] commence 'work wi thin 'A i tten notice from the Director of iginee,] ") to pU:Jceed. Pro] ect wi 11 be 150 Calender Days. The ten (10) calendar days after receipt of Engineering Services or designee ("City r each calendar day tnat any work remains lncomplete after the time specified in "c Contract for comp] etion of the work or after such time period as extended f rsuant tc other prov sions of this Contract, $100.00 per calendar day will be sessed against the Contractor as liquidated damages. Said liquidated damages are )t imposed as a penal ty but as an estimate of the damages that the City wi l] ,]stain flom delay in completion of the work, which damages by their nature are not -ipable of precise proof. The Director of Engineering Services (City Engineer) may A, thhold and deduct f rom monies otherwise due the Contractor the amount of ~uidated damages due che City, A,7 Workers Compensation Insurance Coverage ['" the Contractor's workers' compensation insurance coverage for its employees 'N()rking on the Project is terminated or canceled for any reason, and replacement ev' 'rkers' compensation insurance coverage meeting the requirements of this Contract not in effect on the effective date of cancellation of the workers' compensation surance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the jeet F,"rthermor e, for each calendar day including and after the effective date of rermination or cancellation of the Contractor's workers' compensation insurance C'v'erage for its employees working on the Project until the date replacement workers' compensati,on insurance coverage, meeting the requirements of this Contract, 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 liq;Jidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time comp]etp the Project has net o"xplred accordance wi th othe'r requirements of thIS Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals wc'rking on the Project are covered by workers' compensation insurance and unless the ; equi red documental iun :f such coverage has been provided to the Contractor and the ( Engineer, A-a Faxed Proposals F aposals taxed directl; to tile City will be considered non-responsive. Proposals must contain orlginal slgnatures arId guaranty and be submitted in accordance with !;pction 8, of the Gene'al Provi,3ions, Section A St (Revised 9/18/00) Page 2 of A-9 Acknowledgment of Addenda fie :onttdctor shelll a\ knowledge receipt of dll addenda received in the appropriate oa, e pr"vided in the r-oposal. Fallure to do so will be interpreted as non-receipt. n e addenda can hdve signifLcant impact on the proposal, failure to acknowledge .~ Ipt, 1nel d sllb:;eq' ent interpretation of non-receipt, could have an adverse ff ,'t W!'c'fl determinin; the l,n'le t responsihi,' bidder. A-IO Wage Rates (Revi ed ?IS 001 lb,. pu'terence and w,ge rates foJ. Building Construction and Heavy Construction, in ase f conflict, C, ntrclctnr shall use higher wage rate. 11~~r:r!.um_Pre_vai ~ing Wage SCdle,'-i The Corpus Chrlsti City Council has determined the general prevailing minimum hourly ".Jage rates for NuecE",s ':ounty, Texas as set out in Part C. The Contractor and any ubcont:ractor must not pay less than the speci tied wage rates to all laborers, "JUrkmell, ,md mechanic:" employed by them in the execution of the Contract. The ".ntract, r or subcontractor shal i forfeit sixty dollars ($60.00) per calendar day, I, portiun thereuf, for each laborer, workman, or mechanic employed, if such person paiel : "'ss than the specified rat,es for the classi fication of work performed, The Intractl,r and each subcontractor must keep an accurate record showing the names and '1 a:',si ficatioWi of al laborer", workmen, and mechanics employed by them in ,nr,,?cti'l[ wi th ! he Pr- ieet and shOWIng the actual wages paid to each worker. "he Cont ractor will fldke bi-weekly certified payroll submittals to the City '>igineer. The Cuntractor will also obtain coples of such certified payrolls from all ,;'Ibcontrdctors and oth,"rs working on the Project. These documents will also be ';ubmitted to the City Engineer bi -weekly. (See section for Minority/Minority 'Jusi ness Enterpri se Pa r t ici pat ion Pol icy for addi tional requirements concerning the ,oppr ["rm and ,:ontent of the payroll submi ttals.) me dnd une-halt '."'orkE~d ill excess ';nli days (See ur (I 5) times the specified hourly wage must be paid for all hours of 40 hours in anyone week and for all hours worked on Sundays or Secti"i! 8-1-'.. Ol'finition of Terms, and Section 8-7-6, Working A-II Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities -perating within the limits of the Project. The Contractor shall provide a forty- 19ht (48) hour notice to any applicable agency when work is anticipated to proceed In the vicinity of any facility by usinq the Texas One-Call System 1-800-245-4545, he Lone Star Notifica'ion Compi1ny at 1-800-669-8344, and the Southwestern Bell "cate Gr oup at: 1-800~~28~" 12 r'or the Cont ractor' ~i convenience, the following f'lcphcnE 'lumbers are listed. CIty Engineer 880-3 00 Project Engineer AlE Project Arch,teft: Chuck Anastos Associates, Inc. Traffic Engineer Police Department Water Department Wastewater Departmerlt GdS Depart,ment St.orm Water Depar-cffihlt Park,; & Recreatlon I'epartmer:t Streets' Selid Wasl~ Servires A S S B 880 3500 884-4422 880-3540 882-1911 857-1880 857-1818 885-6900 8571881 880-3461 857-1970 299-4833 881.2511 (946-0069 mobile) (880-3140 after hours) (880-3140 after hours) (885-6900 after hours) (880-3140 after hours) (693-9444 after hours) (1-800-824-4424, after hours) Section A - SP (Revised 9/18/00) Page 3 of 20 ':i! y Street IJIV. !;L TLdtl ic Si<.jllal/Fibcr Opt], Locilte :ablevisiOI1 AC:l (FIber Opt ic f<M( (Fiber OptJc) ::h,: i ceCom (Fiber Optic: CAPROCK (Fiber Opt le) Brnoks f'iber Optic (MAN) 85) ] 946 8~)7-~)OOO 8En-nOO 813-] 124 88]-5767 512/93::',0958 <)7)-75', 4355 857-1960 (857 5060 after hours) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) (Mobile) A-12 Maintenance of Services ThE Cunl. ractoI sha II I ake a Ii precauti ons in protecting existing utilities, both "dJcve dl:d below grouno The Draw; llljS show as much informaLion as can be reasonably ,btcdned from existing as-built drawings, base maps, utility records, etc. and from is much field work as "ormally deemed necessary for the construction of this type of pre ject with rpgard 0 the locat i on and nature of underground utilities, etc. How,'v,,'r, ,=~e~:::s:~r::"c:y~md__':omplete_f1e,~of_,~c::h information is not guaranteed. It is the Cont ractor' s 501 (, and complete responsib i Ii ty to locate such underground features sufficiently In advance of his operations to preclude damaging the existing aeditl"s. Tf the C(,ntract(,y erlCounter~ utility services along the line of this '-,ork, it is hJ S tespor1sibi} it y to maintain the services j n continuous operation at his own expense. ;n 'he event of damage Contractor shall make 10 construct the work t"epairs mllst ,:onform "t i i i I i ( to Ilndl!rqround ut ilities, whether shown in the drawings, the ~he necessary repairs to place the utilities back in service is intended at no increase in the Contract price. All such . 0 the requirements of the company or agency that owns the Where e~isting sewers are encountered and are interfered with (i.e, broken, cut, (.te. ), f j ow mllst be rr,aintained. Sewage or other liquid must be handled by the DIll ract or either by ,:onnect ion into other sewers or by temporary pumping to a satisfactory outlet, dll with the approval of the City Engineer, Sewage or other jiquid must not be pumped, bailed or flurned over the streets or ground surface and Contractor must pay fOJ all fine~; clOd remediation that may result if sewage or other ] iquid contacts [,he Lrp,_'tc; or ground surface. It is also the Contractor's responsibility tc: mab al I necessary repairs, relocations and adjustments to the satistact Ion of the City Engineer <it no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer servicf' Jines must be provided by i he Contractor:. A-13 Area Access and Traffic Control (Not Used) Sufficient-traffic control~iFes IIlU:Jt be uscd to ,:1Oourc Cl :J.:J.fc condition and to f3ro'.lidc .) llliniIRUI!l of incotl'Jcnicnce to 1Il0torioto. I'll] 'h'eClther accc::;::; IllUOt be provided ~all rcoidcn-Es'-'dfl€i-buoineo:;eG atc--al+--t-i-mcs during con::;truction. Thc Contractor fRttS+c~vi€k teHlpor.:J.ry ~wa'ys- .:J.nd/or rO.:ldo of .:J.pprovcd mutcri.:J.l during \let '..c.:lther, --'t'-fie- Contr.:lct()~1=--maint:lin a otoclcpi le"Bft the Project aite to IIlcet the >1cHlcmd:J {)f inclement--wf'ttffie-f'-o 1'~G€ffl-tI'~-wil+ '-Be reqtftre4---t-H-:;chedule hiG operationo GO 0.0 to cause lIlinimum ld'.lcroc i IllP;:IC'1=-Ofr4:he- dcec .;::; ibi-!-it-y-e-f-tlEijoining propcrtieD, This IRay include, but r,;,-~t -1~l'-8:7,--wf-'rkirq d+-i'Jc\..:lY::; in ha] f \:idth::;, con::;truction of tClllporary F"'~i--er-e.- 'ffie--Wfttrae-t-er-~'-eH~ly-.wi-tch---t-fle City of Corpuo Chri::;ti'::; Uniform Barricading Slondord::; -afl€i- I'ra.cLic;'-5-'-a,s, adopted by the -Gi~ '--GeFJie3 of thio docUfIlcnt .Jrc .:Jvalloble +hr-ough the CitY~'f-:E-aH-t-e-~inccring Dep.:lrtmcnt. Thc Contractor oh;)11 'T~iT'e- --t h e--fieees-sdT,'t'~"fllti+--+-FHm"t he C it y-!-s-- Tr ,"]. f f i c En g in c e ring 0 c po r tIRC n t . Al+-~.~j-4-eF ,tFa-fH-e ~'-d-F€--eeRS+eeFed- :mboidi.:lry; thercforc, no direct pJ. J'ffiCIl t-wi ,J-+,"ge-,maee-4'cf'" Con t r, le8Hc Section A - SP (Revised 9/18/00) Page 4 of 20 A-14 Construction Equlpment Spillage and Tracking '!he Coni ractor sha 11 keep the adjoining streets free of tracked and/or spilled mat '"ri al '3 going to 01 frum the construction area. Hand labor and/or mechanical f:qulpment must be Ilsed where necessary to keep these roadways clear of job-related mat ,"r i a I c;. Such work must be completed without any increase in the Contract price, fleets dnd curb LLile lIIusL be cleaned at the end of the work day or more frequently, f necessary, to prev"nt mater.:ial from washing into the storm sewer system. No l~; [ble mater-ial that ~ould be washed into storm sewer is allowed to remain on the foject '~i_te c,r adjoining streets. A'-I5 Excavation and Removals The excavated areas b.ehind curbs and adjacent to sidewalks and driveways must be i tIled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of rrov idinq a good growU, of qrdss when appl ied with seed/sod and fertilizer_The dirt ,nust be Cree of debri;, (';~liche, asphalt, concrete and any other material that -iet r acts from its appCdrance or hampers the q rowth of grass. AlJ existing concrete ,md dsphaJ t within the limits of the Project must be removed unless otherwise noteli :'\11 nccpssary removal:; including but not limited to pipe, driveways, sidewalks, tc , are to be considered subsidiary to the bid item; therefore, no direct payment ,;i li be made to Contractor A-16 Disposal/Salvage of Materials Excess excavat cd 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 i,s considered subsidiary; therefore, no direct pdyment will be made to Contractor. A-I? Field Office (NOT USED) -,!'He, 'bH*+aet~-flH:i5t--4tirni::;h the bity Engineer or hiG repreGent;:1tive \:ith ;1 field ,+f4icc Jt the conGtHi€t--i-eH-~ The field office HlU:Jt contJin ;:1t 1e;:1::;t 120 oquJre f~f uoeJble OP;lC;e-., The field office HlU::;t be-a-i r conditioned ;:1nd he;:1ted Jnd HlUOt tH...~urni:;hed ,w4-th ;:1n inclined to.bl c~ mCJ:JureG Jt le;:1ot 30" J( 60" ;:md b;o (2) dtairo. The Contr;:1ctor,oh;:1l1 move the field office on the--&ite 3D required by the C-ity Engineer or ~repreoent;:1tiTJe, The field office muot be furniohed r,;ith--a '<~lcphone (',;i th ;L4-heBf~--€l-ay-a-flcl.'ering -&e-!'vice) Qnd f!,J{ mo.chine po.id for by the (JBfit FicH~t,~ Th-::rc-i-s-----Re GCpo.r.lte-pay item for the field office. A-IS Schedule and Sequence of Construction "he Contractor shdl J slJbmit tu the City Enqineer a work plan based only on working jays. This plan must detail the schedule of work and must be submitted to the City f',ngineer at least threl (:1) working days prior to the pre-construction meeting, The plein must indicate t~he schedull: of the following work items, and comply with the -,:heduled use of t,ach 'acility. All work is to be closely coordinated with each fdCi lity manager_ l:nitialSchedu1~: Submit to the City Engineer three (3) days prior to the Pre- Construction M~et Ing an initial Construction Progress Schedule for review, _Ite~to _lns:J:_ude - Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Section A- SP (Revised 9/18/00) Page 5 of 20 dEIl ify the Ir,' work :Jay ,>1 'each week. Submittal Dat ~. Ill(jICd',e submittaL dates required for all submittals. He-"'ubml ss i on' 1-', V1S" dJl<1 f('.';lIbmit as required by the City Engineer. l:'er c'..9d~ c: Jpdd [::... pro'lress f "ck'h '3ubmit lJpdated Construct ion Progress Schedule to show actual tage D'l f.Jf'l('{'ntage against initia~ Schedule. A-19 Construction Stak1ng ";le drdw j,gs oepiC1 Fif I i lie, etc that ll',es, S~()~,)(eS, qrades, sections, measurements, bench marks, a;" rI( Tm2d l.y required to COllstnJct a project of this nature. he IrlaJol ':ontrols and oench marks required for setting up a project, if not shown fie drlwings, wi] 1 l" pIovided bV the City Surveyor. 'I ," 'orctl"ctor \-11 I I Iu] rlish a ,ri< .illes, slopes and measurements for control of the 1, durir,C; construcl iar>, it is r~_<o~ssar:t to disturb or destroy a control point or 0nch mark, the Contract,or shall provide the City Surveyor 48 hours notice so that jiteffldL( controL pDifJis 'eln be' established by the City Surveyor as he deems rH:e:;sdry, at no cosl t the Contractor. Control points or bench marks damaged as a C3U t of 'he ContId,:tcr 's neqLiqenct, will tw res10red by the City Surveyor at the '()erJS(-~ c,t LtH-~ C'ontrJct\.-r. f lor wtldtever .':2dCiOrJ, it is necessary to deviate from proposed line and grade to : oper.2 'I xecut" r he WOl k, t he Cant relet or sha 1] obt.ain approval of the City Engineer riO: to it,vi,ition, C in the Oplflioll of the City Engineer, the required deviation ')\111 fle"essitate d I';vi~;ion to the drawings, the Contractor shall provide pp"rtin; measure;nents as ['equired for the City Engineer to revise the drawings. I", Contractor shall ti, in or reference <111 valves and manholes, both existing and roposed, Jar the purpose of adjustinq valves and manholes at the completion of the f dying pr,x:ess. Also, the City Engineer may require that the Contractor furnish a "'dximum () two (.) per'onne] for the purpose of assisting the measuring of the )mpl et ,"d '/JO r k A20 Testing and Certiflcation tests required under this item must be done by d recognized testing laboratory elected by the City Enqineer. The cast of the laboratory testing will be borne by he i ty. In the event that any test fai Is, that test must be done over after clt rectiv, measures haVE' been t akpl!, and the cost of retesting will be borne by the ,rctracto and deduct ed from the payment to t hi Cont ractor. ')nL y,i 'tor P1U::3t prov i..de a1 dPplicable certifications to the City Engineer. .1\-21 Project Signs :he Contr,,jctoI mllsl iurnish and install.! Project sign at the as indicated on the lowing drawings. (Attdchment I) The sign must be installed before construction cqins and wi 11 be ma i n1 lined throughout L he proj ect period by the Contractor. The ('cit lon (>1 the siQn will bE' detennLned in the fjeld by the City Engineer. ~~22 ~nority/~nority Business Enterprise Participation Policy (Revised 10/98) Po j~(~~"i t ie, the policy E,f the City of Corpus Christi that maximum opportunity is ,,j f j ended mj nor i ties, women and Minor it y Business Rnte r-prises to participate in the performance of ,'~ont racts awarded by the City of Corpus Christi in support )f Equal F:rnplayment Opportunity qoals and objectives of the Affirmative Action Section A - SP {Revised 9/18/001 Page 6 of 20 Po LCY Statement of the City dated October, 1989, and any amendments thereto. en accordance wLth such pol icy, the City has established goals, as stated "('[f'in, both for minorit.y and female participation by trade and for Minority 8u iness Enterprise. Detlnitions - ------ 1 . Prime Cont ractor: ---..- "-- ------~ association or ioint C it Y contLJ,.t. Any pc rson, firm, partnership, corporation, venture as herein provided which has been awarded a b. Subcontractor: ----- associat ion, or labor, services, foregoing under Any named person, firm, partnership, corporation, joint venture as herein identified as providing work, supplies, equipment, materials or any combination of the contracl with a prime contractor on a City contract. Mirtorit=:y,Bu:3in",ss ,I".nter~rise: l\ business enterprise that is owned and controlled by one or more minority person(s) _ Minority persons include Blacks, Mexlcan-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from surh all enterprisp in the manner hereinafter set forth: I. Own(,i (,,) r'OT d sol(; proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least ~1,O% of the assets or interest in the partnership property mu~,t be owned by one or more minority person(s). I c} For an enterprise doing business as a corporation, at least 51,0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2, Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person Is) . 3. Share in Payments Mino'r'ity partne'rs', 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, comml,ssions, consuLting fees, rents, procurement, and subcontract payments, dnd any other monetary distribution paid by the business enterprise. d. ~ino~jty: ee deftnition under Minority Business Enterprise. ('. ~emClle_ Owne'~t1s1Eess ~nterprise: A sole proprietorship that is owned and controlled by d woman, a partnership at least 51.0% of whose assets or pad nersh ip interests are owned by one or more women, or a corporation at feast 51,0% of whose dsseto; or interests in t,he corporate shares are oWII(;d by on< or mo n' women. t, Joint _~en!:.!:JI~: A joint venture medns an a~3sociation of two or more persons, partnerships, corporations, or any combination thereof, founded to carryon a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MRE qoal car/not exceed I he proport ionate interest of the MBE as a member Section A - SP (Revised 9/18/00) Page 7 of 20 of the jOil,t venture in the work to be performed by the joint venture, ror pxample, a joint venture which is to perform 50.0% of the contract work i tsel! and in whi ch a minority joint venture partner has a 50.0% interest, sllall be deemed equivalent to having minority participation in 2').O~, 01 ti,e work. Minority members oj tile joint venture must have ()ither fin,lrlcidJ, managerial, or technical skills in the work to be performed t th' juint venture. (;oa 1 s j, The qoais Enter'prlses work force follows: for participation by minorities and Minority Business expressed ill percentage terms for the Contractor's aggregate on all nmstruction work lor the Contract award are as Mlnority Participation (Percen t) Minority Business Enterprise Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federa 1 par tie ipa t ion) performed in the Cont ract, including approved change orders. The hours of minority employment must be substantially uniform throughout the lE>ngth of the Contract and in each trade, The t rarlsfer of minorl t y employees from Contractor to Contractor or from project, to pro)l~cl Tor the sole purpose of meeting the Contractor's percent,aqe IS pr'ohibited, ; :ornp 1 iance 'J. Upon complet ion of the Project, a final breakdown of MBE participation, sub,;tantiated by copies of paid invoices, shall be submitted by the Contractor 10 the City Engineer. b. The Contraccor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with; he request for final payment on the Project, the Contractor will indicate, in writiIH], the overall participation in these areas which have been ac:hieved. The City Engineer may withhold monthly or final payments to the Contractor for fai lure to submit bi-weekly payrolls in a tim",Iy fashion or to "ubmit overall participation information as required, A-23 Inspection Required (Revised I/'.J/OO) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required lnd to d',sure a final inspection after the building is completed and ready for )::cupancy. Contractor must obtain the Certi fieate of Occupancy, when applicable. >,'ct iOIl H-6-2 of the General Provisions is hereby amended in that the Contractor nus! pay all fees and charqes levied by the City's Building Inspection Department, .nd all other City feos, includinq water/wastewater meter fees and tap fees as !r~qui red by C it Y A-24 Surety Bonds Paragraph two (2) of S. ction R-]-4 uf the General Provisions 1S changed to read as tolJows; "No surety will be accepted by the City from any Surety Company who is now j n default, or delinquent 011 any bonds or who has an interest in any ] j t i gat ion agai nsr the Ci ty. All bonds must be issued by an approved Section A - SP (Revised 9/18/00) Page 8 of 20 Surety Company 'iuthorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) 01 tlw Surety Company's capital and surplus, the Surety Company shelll provide e"ttification satisfactory to the City Attorney that the Su::ety Company hds reinsured the portion of the bond amount that exceeds ten per<~ent (} (hi) of the Surety Company's capi t:a.l and surplus with reinsurer (s) dutLorized to do business in the State of Texas. The amount at the bond rein';ured by any reinsurer may not exceed ten percent (10%) oj the reinsurer's capital and surplus. For purposes of this section, thl' amount of a I Lowed capi tal and surplus wi 11 be verified through the St ate BC)iHd of nsur anee d~; of the date of the last annual statutory fj [rancia} stateIlit-"nt of trw Surety Company or reinsurer authorized and admi tted to do business in the State of Texas. The Surety shall de,; ignate an dgent who is a resident of Nueces County, Texas. Each bond mw;L be executed by the Contractor and the Surety. For contracts in ex(<ess of $lOO,OCIO the hond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for "ny liabi.lity in excess of $100,000 from a reinsurer that is (;erti fied by the United States Secretary of the Treasury and that meets all r.he above requ i rements. The insurer or reinsurer must be li sted in the Ff'dera t Register as ho.lding certi fj cates of authority on the date the bond was issued." A-25 Sales Tax Exemptlon (NO LONGER APPLICABLE) :~ection B 6 22, ~,I,;l(cmptiofl---Fi'BViGiofl, -40 dcleted l.n ito~rcty ,:md thc fB+lm.ing GubGtituted, i-n,-l4-eB-t-flcrcof. (;entracto for-impF€WeffientJ to rea4 propcrty .:w;)rdcd by the City of Corpuo ChriGti ~ Re'lc,~lify for ureHlp+~s---e-f--,g,'tl-es,' EJrciGc, ;)nd Uoe T;)J(eG unlcoo the Contr.:lctor CICeto to operate under a Gepar;)ted contr;)ct ;)0 defined by Scction 3.291 of Ch.:lptcr 3, T.:llC 1'.dt8ini::;tr-aHmruf}-F--'f-iHe 31, Public Fin;)nce of thc Turo.o !'.dminiotro.ti vo Code, {leE- ~ ,~,- rulco or rcguLlt-i-eRs ;10 m;:!y be pro!Rulg.:lted by tho COFAptrollcr of PBBlic .'\ccount::; of,TcJ(clo, 14- the Contr;:!c~ olecto to oper-a-E-e~F--a---scp;:!r.:ltcd contr.:lct, he oh.:lll: 1.<-- Obt;1in the ~a+y- sa-l~5- '@J( permi to from the Etate Comptroller. ,- Identify iH---tfie-~~a-Ee-:::;P;)CC on, tcfle-"St;:!te!Rcnt of Ho.tcri;::tlo ;::tnd Other GflargcG" in the propoG;:!l-fBfIft-Eflc COGt of !R;:!tori;:!lo phyoic;:!lly incorpor;:!ted -ffito the~~et ". --ffovidc reo;)} e c,~rtif ica+,eH-tB--5upp1icr::J.. 4-.- --'-PB.~+ty- wi4:h---€Bpiefr-o-f ill;)! crial :,wJoice8 to DubDt.:lntio.te the propoo;:!l V;) lue of -ma-teri;) I:J. it:-- Lhc Cont-F-aCter-eees, not electlo opcr;Jte, under ;J Dcp;Jr.:lted contr.:lct, he llIuot p;Jy t-&F-a-ll 8;J1e8, EJ{Ci:Je,--afi4{Jse~tl-*eS ;Jpplic;)blc to thiD Projcct. ~;ubcontr .Jctors--ar-e-cl-tgibLe for D<lleo to.x--cJremptiona if thc ::mbcontro.ctor ;;1180 ';o!Rpli e8 - Ilith ~~ rcquiFeflle~ Thc Contr;;1ctor !RUDt iaDuc ;) reo;;11c ccrtific;)te to the 8ubcontF-aet-e-F-aftEl---thc Gubcontr;Jctor, in turn, iD:JucD <l rCDo.lc ccrti ficatc tB---fli%-~;~+,. A-26 Supplemental Insurance Requirements For each insu1'zmce coverage provided in accordance with Section B-6-11 of the Corlt rdct, the Contract 'J1' sha II obt a i n an endorsement to the appl icable insurance POllCY, signed by the nsurer. slating: Section A - SP (Revised 9/18/00) Page 9 of 20 In the event "f ancelldtion or material change that reduces or restricts the in ;lIranCf? afforded by this coverage part, each insurer covenants to mail prior w'rl1ten not ier; 01 ci1~ce~~ati~ or !llaterial_chang(? to: I , N~m' City of Corpus Christi Engineering Services Department .I\ttn: Contract Administrator /. Addr'?ss: P.D. Flux 9277 r:orpus Christ i, Texas 78469-9277 ,1. Numl."'r of days advance not ice: 30 h~ Contractor shal t provide to the City Engineer the signed endorsements, or copies thereof certitied by t~e insurer, within thirty (30) calendar days after the date t he City Engineer n?quests that the Contractor sign the Contract documents. Irlithin thirty (30) calr,ndar days after ttw date the City Engineer requests that the Contract or siqn the ('ontract documents, the Contractor shall provide the City Englneel with d l:ertificate of insurance certifying that the Contractor provides war key' ,; compensat ion insurance coverage for a] I emp] oyees of the Contractor flllploVed on the Froier r dr'scribed in the Contract. ~or (,'dCII insurance cuverage provided in accordance with Section 8-6-11 of the Contract, the Contract or ~;hi1 J 1 obtain an endorsement to the applicable insurance pol icy, ,..igned by tllP nsurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's ornpensat ion coverage. ~~r cont/dctual lidbil lty insurance coverage 6,11 (a': of ih!! Contract. the Contractor overage ~tating: obtained in accordance with Section 8- shall obtain an endorsement to this Carr tractor agree" to indemni ty, save ha rmless and defend the City, its agents, ~;ervants, and employees, and each of them against and hold it and t hem harm] ess from any ,md a 1.1 lawsuits, claims, demands, liabilities, 10:;"es and expens"s, incLudinq court costs and attorneys' fees, for or on accuunt of any injury tc any rerson, or any death at any time resulting irum such injury, or dny damage to any properLy, which may arise or which ma~ be all eqed t" have arisen out of or in connection with the work covered by this Contract. The foregoing inderrmity shall apply except if such injury, deal h or damage is caused directly by the negligence or other fault of th,' City, its agents, servants, or employees or any person inderrmitied hereunder. A-27 Responsibility for Damage Claims ?aragraph (al General Liabi] i ty of Sect ion 8-6-11 of the General Provisions is dmended to include: Contractor must prov,ide Bui1der's Risk Insurance Coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's risk coverage must be an "All Risk" form. Contractor must pay ,11] costs necessary to procure such builder's risk insurance coverage, including any deductlble. The City must be named additional insured on any pol i cies providinq such i n~;urance coverage. A,-28 Considerations for Contract Award and Execution j'o .~ llow t~he (:i t.y r~ng I neer to determine that the bidder is able to perform its obI ] 9at~ions under the proposed contract, then prior to award, the City Engineer may n.;quire d bidder to prflvi<k documentation concernillq= Whee her any i iens have b"en f j I,'d against bidder for either failure to pay for Section A - SP (Revised 9/18/00l Page 10 of 20 services <.ir lTlaterials supplied against any of its projects begun within the pr"ceding two (2 years. The bidder shall specify the name and address of the pa It'll holding Un 1 i (?n, the amount of the J ien, the basis for the lien claim, ,:md the date 01 the rt_,lease of the lien. If any such lien has not been n'l"dsed, the bi Jder shllJ state why the claim has not been paid; and 'iVhelher thee€: ar. any outstanding unpaid claims against bidder for services or mat erials suppJ j (~d '.oIhi.:h relate to any of its projects begun within the pn'cedin<] two (2: years. The bidder shall specify the name and address of the ,::L,limant, the am(Ji.lnt oj ttw claim, the basis for the claim, and an explanation why the ~lailTl ha not been paid. ,", t'lddeT may also be required to supply construction references and a financial Ldtement, prepared n" lat_er than ninety (90) days prior to the City Engineer's 'equest, signed and dated by the bidder's owner, president or other authorized party, ~:pecifying all :urrent assets and liabilities. A-29 Contractor's Field Administration Staff l'hE' Cont ractor shall employ for this Project, as its field administration staff, :mperintendents and fcn emell who are careful and competent and acceptable to the City r:nq ineeJ "h, criteria upon whic"1 the (,i Ly Engineer makes this determination may include the 101 owinq: t. The superintendellt must have at least five (5) years experience in the day-to- day field management and oversight of projects of a similar size and complexity to this Project This experience must include, but is not limited to, c>cheduling of manpower and materi als, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal proces~, federal and state wager-ate requirements, and contract close-au t_ procedu res. The foreman must have at least five (5) years experience in oversight and management of the work of varjous subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's ~;uperintendent shall assume the responsibilities of a foreman. Oocumentdtion concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements ttH"U:to, must be approved by the City Engineer in writing prior to such ,'''.Ip''rintendent or foreman assuming responsibilities on the Project. ~;uch wri tten approval ()f field administration sta (f lS d prerequisite to the City r,ngi neer . s obI j gat i on to execute a cont ract tor this Project. If such approval is rIot obtai ned, the awar. d may be rescinded. Further, such written approval is also ilecessar 'f pr lor to a change infield administ rati on staff during the term of this . on, ract If the Contractor fails to obtain prior written approval of the City EngJneer concerping any substitutions or replacements in its field administration c;taff for this Project during the term of the Contract, such a failure constitutes a "d:sis to ilnnul the Contract pursuant to section 13-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Pro\! lsi ()ns and Requirements i or Municipal Construction Contracts" ':ect~()r!..,J,--l.=-lc::onside~ation of Cor1!ract add the following text: Within live (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 ~ubmit t the City EngIneer the following information: , A J 1st of the maj'Jr components of the work; Section A - SP (Revised 9/18/00) Page 11 of 20 A llSt of the pr"ducts to be incorporCltE'd into the Project; A,c::hedu i e of vllues which specifies esl imates of the cost for each major c::omponent of t he work; l\ ';chedu 1e)f ant icipdt,~d monthly payments for the Project duration. The names and addresses ot MBE firms that will participat,e in the Contract, cllclng wi t h a de"cription of t he work and dollar amount for each firm; and suho;tant iation, " ither throuqh appropriate cert i fications by federal agencies ')r signed affid"vit~; from the MBE fi rms, that such MBE firms meet the gUldelines ~ontalned herein. Similar substantiation will be required if the ::ont ractor i 0; af: MBE. [t the responses do not clearly show that MBE paL t icipa,t ion wi II meet the requirements above, the bidder must clearly demDnstrate, to the satisfaction of the City Engineer, that a good faith effort nail, in fact, t"en made to meet said requirements but that meeting such 'e'luirem.~nt:; S ot reasonahJ y possibl e. i\ iist ot subcontractors that will be working on the Project. This list may contain IUon, t,han one subcontractor for major components of the work if the Contractor has nc; complc,tcd h'is evaluation of which subcontractor will perform 'h. work. Th,' Ci ty (<~ng.i flee Ireta lns UIC right to approve a 11 subcontractors that will per form ."ork on the Project. The Contractor shall obtain written approval by the City ~ngineer of all of its subcontractors prior to beginning work on the Pruject. rf the :ity Sngineer does not approve all proposed subcontractors, it rna v re~,c! nd the lont ract awa rd, rn the event that a subcontract~or previousl y listed and approved is sought to be subst j,tuted for or replaced duri ng the term of the Contract, then the City Engineer retain:, the right to approve any substitute or replacement ;;ubcontractor pr! or 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. f-'ailure of the Contractor to comply with this provision COJ.sti tutes a ba:'l is upon whi ch to annul the Contract pursuant to Sect ion B-7- 13,' /" preliminary pLlgress schedule indicating relationships between the major (:ofllponent S of thE" work. The final progress schedule must be submitted to the ':it y Engi neer at the pre-conslructi on conference; Documentatlon requirc'd pursuant to the Special Provisions A-28 and A-29 ::oncerning Consid,'rations for Contract Award and Execution and the Contractor's Fiptd Adrninistrat ion Staff. j Documentation ciS required by Special Provision A-35-K, if applicable. 10. W'ithm five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders 'lnder "General Prov i sions and Requirements tor Municipal Construction Contracts" B- f! -5~01icL_QJ:l_~~tr~_,I<'l.<>FLand C:ll~l~ Orders the present text is deleted and replaced with the following: Contractor acknOWledges that the City war k for which chanqe order has Engineering Servi,'es or his designee. has no obligation to not. been signed by The Contractor also pay for any extra the Director of acknowledges that Section A - SP (Revised 9/18/00) Page 17 of 20 the City Engineer may authorize change orders which do not exceed $25,000,00. The' Cont ractor acknowledges that any change orders in an amount in excess of $2'J,000.00 mustdso be approved by the City Council. A-32 Amended "Execution of Contract" Requireaents Under "Cf~nerd I .Prov isj~)ns ).-, Execution of Contlact and Requirements for Municipal Construction Contracts" B- add the following: The award of the Contract may be rescinded at any time prior to the date the City Englneer 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 fami Liar I ZE' himself fully with the conditions relating to the .ompleti()n of t he Project. Failure to do so will not excuse a bidder of his obi igation to rarry out the provisions of this Contract. Contractor is reminded to . I t t "nd the Pre-Bid Meeting referred to in Special Provision A-I, A-34 Precedence of Contract Documents In case of conflict ir the Contract doruments, first precedence will be given to 'lddenda lssued during the bidding phase of the Project, second precedence will be 'liven to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the Ceneral Provisions will be given last precedence. In the event of a conflict between dny of the Standard Specifications with any other referenced specifications, such as the Texac, Department of Public Transportation Standard Specifications for Highways, ';treets and Bridqes, i\STM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Pr:ovisiofls, in thii1 order. A-35 City Water Facilities: Special Requirements (NOT USED) Pr-:-' ~-i-si~: ~<o..tgE~~~ ion ~-pe",ffirming ",wrk at any Ci ly li.:lter f;]cility, the Coatractor, hiD subcontractorG, and e.:lch of their employeeG must have on their pcrDon a ~ c.:lrdf2-eH~ their prior attend.:lne8-Llt .:l Vi::litor/Contr.:lCtor S.:lfely OriEnt.:ltion Progr.:lffi conducted by the City Water Dep.:lrtment ~nel. 1'. Viaitor/Contr.:lctcrr Safety Orient.:ltion Program \dll be offered by authorized City WJter Department personnel for those peraono ~,'ho do not h.r.TeDuch .:l c.:lrd, .:lnti '.:ho deoire to perform ;Jny ',,'Orle ~:ithin arty- -{;4-ty--wat cr f .1ciliL y, ror .1ddi t ion.:ll inform.1tion refer to Attachment lc~ B.-. OfIeEation of Ci ty Owned SquillBlcnt The Contractor Dnall ~ start, operate, or abefl any P'I:HBp, aotor, ...al....e, equip.eat, switch., breaker, control., or any other item r-el.at~Ei to City Wilter faeil-ity at any time. }\ll GUeR items .uat bc oper.:lted --bY-iHt Bpe-r-a-t-BF---ef-' other -d-H,~.ft{H-+zcd mJintenJncc employee of the City Water Dep.:lrtment. Section A - SP (Revised 9/IB/OOI Page 13 of 20 ProtcctiOBof Watcr'Quality 'I'-frc-+:ity mu:Tt;--ee+-iver-wJtcr of drinkingqua-lity to ito cuotoffiero Jt 0.11 {,-i:ffie.so' --'!'fle -toffirJctor Dh;:!ll p1:otcct-t'fl€- qll;:!l ity of thc \.';:!ter in the job B-i:-te---afid'-5t,a!-! coordinJ-te---i:--ts-'-We1 k ..i th ffie-- City WJter Department to ~~tc' t-hE -<'fBal-it-y---* thc '.IaE-€-F'~ If., Confermit;y-wi-t;h 1\NSI/t{SF Standard 6l- Ale! '-ma-Eerl:-ttl:tr-,-ctHd equipment ---u'sed-. --i-n----the rep.:lir, rC.:looembly, tro.ncportJt ion,--reinot.::lll.:ltion,.---THtEi----inopection of pWRPG, or .::Iny other i ternD " -which cotrffi -€<JR\C into-eontJct \:i th potablc '..'Llter, muot conform to Ameri-eafi Ndtion.:ll-Blc-rtnd.:lrd:J HTs--t~c/NJtionJl S.:lnit.:ltion Found.:ltion ,fA.N.SI /NS~O) ~ia-Hi--~ d:J deGcribcd-i-n-+fl.e-St.:lndo.rd Spcci fic.::ltiono. S\!eh-materJ.alo - include **,--se-l...ents, cleaners, lubrieantD, gaakets, thread ce~oURd3, coatings, or hydraulic equipment, TheDe items must not be uoedURlas9~-eeftf~rm with 1\NSI/N8F Standard 61 aad unless such ~-eft the Dite by~i-2ed City pcrDonnel ;--ediately ~iorBT-use. %€- -Getrt~-ef Dh;:!ll providc the Enq4:HeeF--wi-HI copicG of ~lri tten proof of l\NSr/NSF-,-&Ednd.::lrd 61 .:lppre-va-~ .::Ill m.:ltcri;1lGllhich could come into €Bfl-td€+-~t---f>&*-aBl-e-- wat,-e-r"" fT.- '-~ and Disposal of ~ AH tr;:!oh ':fefK.'-Fat-e4--&y- the ConHilclor or hiG employee:J, .:lgent.:J, or Gubcontr,ae-t'Hrt:J, muot be cont.:lined .:It ;111 time:] <:It the HJter filcility -f'~:;-'- BIO'.li~-trJ~;h \:i-ll- not be Jllm:ed. .'l!fle ContrJctor Ghall keep Hark .:lre<:l:] cle.:ln, a-t-'iJ-ll--+-iffie.s- .::Ind remo'.'c'---a-ll- ~ d.:lily. GGNTR.".cTOR' 8 ON SITE PREP.'\R!'.TION f',-,~~-t; perGonnel -era+tqe, blu(~, or ..hite. aflEi-.-Hidi ...idu*,- CIIIploycc mUGt ',iC~-F--colored uniform o'Ocr.:ll10 other th.:ln Each E!.1IIl(' leyeo unifoDB lI1Uat pro....idc ee~any Hame identificution_ \; 0- CBfrtFae-8.Jr oh.:lH'-p-Fovidc te1epho~'---t-ontr Clctor pcrGonne]. Plant tolophoaes are ~ a~ailablc for COHtractor~, +h- WorkingftBlH s--W+++-.ee-.:J-;- 00 l\. ~L -t--e- 5: 00 P.. r1., ~10nd<:lY thru FridilY. .,h-- -tefi.t~-ftHb-~e. .:lny City f;Jci] it-y---rcotroomG, Contr;Jctor muot provide OIm 'J-afij-E-ary--~ 1itieG. ,} 0- .""11 Contr.:lctor vch iclca muat bc p.:lr ked--at dCGign.:lted aite, .:lG deGign.:lted by City W.:ltcr Dep.:lrtment Gt.:lfL -Al-l Contr.J.ctor '..chiclc:] muat be clc.:lrly -label-ed---wi-Ht, comp;:my D.:l1l\C. No pri ''';:Jtccmployee vehiclc] arc allm:cd at O. N.. ~~~ Water--'I"rc<:Itment Pl.:lnt, ,Al-l perDonnel muot be in COmpany veffi-e:l-e&-.,---Gu-ring '.lOrking houra,,-,-€ontr.:lctor elllp10yceD mU:Jt not le.:lT"c thc dC:Jjgn.:ltcd con:Jtruction arc.::l nor "undcr through .:lny bui1dingo other th.:ln fflr- ~ree---w&ff 'HF-itS' directed. by City-- W<:Iter Depurtmcnt pcrGonnel during ~'~Y~-taE-iE1f'b K.-- -GHffi:ructor ~;)~iil~Jc..:~~~ ....f..Cl',pP:., ----t&Y-PEffilISORY CONTROL 1\1'1D I1""TZ\ ~..9..U~:!:TIOill AAy-~-~-Efle --€Hmputcr b.:lOed monitBFing ;Jnd control oYGtcm mUGt be ~Hfle6 'BHty-"by-- qu::\lified tr.chn-i..ea-l- Zlnd Gupervi:Jory peroonnel, JO determH1e4--hY--fl\e€-t--iflq--+-tte-~l-i-f..iea'tiono 1 -tltrB ') hclm.. Thi:J '"off -l-fteltides,,--...f7tt+---i,:;-ftH-f' --1 Lmitcd '~i modi fiea-t-iBno, .:ldditiono, ch.:lnge:J, Section A - SP (Revised 9/18/001 Page 14 of 20 se:l-eetc-.Hms,-furniohing, inDtalling, connecting, progr;)1!lfRing, cuotomizing, debugging, calibrat ing, or placing in oper;Jtion all hara'.lare ;:md/or ooft...aFe-~"'€-i'f-+ed or required by thcse--apeeificationa, T-he--E:-eRtraetor or-fiffi-5ubeontFaetoor propoGing to perform the Sc.".D1'. \.ork muat be a1:H-+: to dCm0ll5EL1te the follOl.ing: 1~ -'-He-I5---l'egul.:lrly --elli'fdqe4---iR- the cOlllputer b;:wcd monitoring and ~-~sy-st:~~cferab+y- a:~ appl ied to the municip.:J.l \..:J.tcr .:J.ndw~...:lterinduDtry. b----'--He-ha-&--pcrforRled "ork oncYDt,eRl;'~OHlparablc oize, type,-------aft€l eemplcxi ty-as-Tcquired -iH-,+fi.i.s~ontr.:lc-t:-on .:J.t lC.:J.Dt three prior ~~ '3-.---- ---H-e----ftd&--Beefr acti vely cng.:lged in thc---toype of Hork opecified herein t~ .~-le.:J.at 5 ye.:J.ro. 4.-- -- --H€----eiflPloya-a-- RcgiDter--eEi-PFofeo:Jional Engineer, .:J. Control Syotellla E-fHti+te€f,-OF--~-'H----E-lectric.:J.l Engineer to oupervioe or perform the WBH fef.J~B-y- thio opecifi-ea-t-i-efts-. ~,-- --He--cRlploYD ---perDonnel on--t:-fl..i..s- ProjeM:- "ho h.:J.ve aucce::;OfUlly cORlpleted ;) -ffiam+-facturcr' 0 '-Hi:lining cour:;c in configuring .:J.nd ~emeftt,~-+fleopecifie eomputero, RTUS--'a, .:J.nd ::;oft\.'ure propooed -t-e-r-lc-he Contr.:let--- ~-- -,--He IIhlint.:J.ino .:l perHl,:ment, fully otaffed and equipped ocrJiee +ae4~~~:ithin 400 !Rilea of the Project aite to m.:J.intain, repair, ea-l-il~,:J.nd progr;1m the ayotcRlD Dpccified herein. +.-- -Hc-,;h.:J.ll furnish equipmcffic- Hhich ---+s the product -e4'-----eRe Hlilnuractl7-E-eF-hj- -4'he-iflaxi!Rum practie.:J.l eJctent. Where thio iD not j3-Fa-e-t--iea~aH-- ~pmeH-tc~'-a---qi "Jen type-w-i-l-l--be the product of 6fte- f1liHrtl f aetcUfeT"", .g'.-----P-FiBr perforIR.:lncc.:J.t the O.-N-.--8-teveno W.:J.ter Tre.:J.tment Pl;1nt Hill I:;e---uDed in eV;11u.lt ing '.Jhich Contr.:J.etor or Dubcontr;1ctor progr;}!RD t4Te--HeW--wEff-k f-&r t h i :J [' r 0 j e ct. -9-~--u-----T-fle-. C-eRHaet-B7---5fia-l--l- produce .:111 fi~d out prograIllflling bloclw ~red to Dho'" the pro-qr.:1mming aD needed and required, to add ~--4:-we~YGtem:.J ,-+0 the exiating City SC.'\.Dl\ ::;yotem, .",ttached i::; dH---e~+e- of the required progr;1H1f1\ing block::; ~.'hich the City n'<:Jtll-r-es--4:o-e-&e ,filled in .:J.nd gi-ven---t:'e-the City Engineer \lith ;}ll eh;1nyeD llIade4t:rF-.HMJ'Hl-efH'ogrumm~ ph.:lDe. The ;1tt;1ehed ahe~ a-Fl--e~EllRpl c an4---is not intended to Dho\{ ;111 of the required ohect::; , Hre-('B-Fl-tr-a-et-B-F--w~ ;111 progr.:1.lRffiing block::; uDed. L .- ~.!'~~i.: ~i r_eme.l1_t:.; A-l+--4'-E-eFtefrimHB-r-+fH:.s--I*'()j eet .:J.t the G-o-N-...----&te'.'en::; Water TreatmeRt [,Lmt sfia-+I,-be-~fur-tf1e€l-~l~ ;} b.:J.ckhoe--BT h.:J.nd digging due to the number of e-HiDting underground obs-t-:'HICtioOD. 'No t,renching machineD Dhall be allm:ed B-Fl-+-he--pre-jf'f'!{:, A-36 Other Submittals Shop Drawi...!.!.sL~~Initta 1: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: d. Quantity: Contractor shalJ submit number required by the City to the City Enginepr or his designated representative. h. Reprodueib1te:, : also subm i tone III addition to the required copies, the Contractor shall (1) reproducible transparency for all shop drawings. Submittal Transmil taj forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially munbCT each transmittal form. Rcsubmittals must have the original submittal number with iT' alphabetic suffix. Contractor must identify the Section A - SP (Revised 9/18/00l Page 15 of 20 Cant ractor, the Subcontractor or ,;upplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submit1al form. :1. Contract or' :Jtamp: Contractor must apply Contractor's stamp, appropriatE'Ly signed or initialed, which certifies that review, ver j fj catierl of Products required, fie] d dimensions, adjacent c:onstructicu work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Schedul ing: Contractor must schedule the submittals to expedite the Project, aLl deliver to the City Engineer for approval, and coordinate the submisci Lon :)f related items. t . Markinq: (:<>ot[dct,or must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provlde information unique to this Project. J. Var iations: Contractor /lIust 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. ReSllbmittals: ContI.-actor must revise and resubmit submittals as required by City Engineer dnd clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors dnd suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. "" Samples: The Contractor must submit samples of finishes from the full range of manufacturers' st andard colors, textures, and pat terns for City Engineer I s selection. Test. an.<!.. Repai~1.<.eport:. When specified in the Technical Specifications Section, Contractor must submit three (3) copies of al.l shop test data, and repair report, and allan-site test data within the specified time to the City Engineer for approval. Otherwise, the relat~ eq:':l:ipment_,~j.!J'__I1<::!- be aRpr~ved for use on the project. A-37 AJaended "ArrangE!lllent and Charge for Water Furnished by the City" ]nder nGc'neral Provisions and Requirements for Municipal Construction Contracts", i3-6-!:, ~t rdn~ment and C.h.ar:.9..e_fo!, ~9~r Furnio:;he_<Ll:l,L th,e City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation dnd Drought Contingency Plan as amended (the "Plan") This Includes implementinq water conservation measures established for changing condItions. The iity Engineer will provide a copy of the Plan to Contractor at Lhe pre-construct Lon meeting. The Contractor will keep a copy of the Plan on the Proiect site throughout constrllctiorl.n A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities rtle requirements of "Notice to Contractors OB'" are incorporated by reference in 'his Spec:ial Provision Section A - SP (Revised 9/18/00) Page 16 of 20 A39 Certificate of Occupancy and Final Acceptance 1(' J.'~jSLjf!Ce cf a cer i ne' lac' 'eptance [) f th, iflcate at uccupancy for improvements does not if1pr[)vernent~' under Ger;eral Provision 8-8-9. constitute A-40 Amendment to Section B-8-6: Partial Estimates ",nccral ['rovisions dnd '{eguirements for Municipal Construction Contracts Section B- E" P,clrt al EstiT'lates is amended to providp t hat approximate estimates from which in lal payments will be calculated will !lot include the net invoice value of 1 'c~ptab,e, !lon-perishable material:; delivered to the Project worksite unless the ,n'rei,=t r prcvidc'.'i th: City Eng1r\eer with :iocuments, satisfactory to the City 'ICj'lhcr, that "ho'",; that the material suppl cr has been paid for the materials 'Jered to t'le Proje't Vlorksit". A-41 Ozone Advisory (Not Used) ,1+HfLicfl<'J-dnd hot mi)c'f7av4-Rtj- ope cat iBftS- 1Iffi5-E--~be conductcd on d;:lYG for Hhich ;:In '-~c:ld'.-iGory hc:l.; {Je€+t-iGGued, eHccpt for repc:liro. The -G4-t-y'-&Hfineer ".Jill notify '>H'll ~f ;:Ibout ~ a-lce-rt-,---:l+ u--+ie+a-y---suefrn.:Jo thio io" c)cperienced, the d;:}y ~ ~ ~EH,ffi.t'ea~ a--~,,,oFk d.:JY and-+he, ContrJctor '.oill bo.. compcnoJtcd ;:It the unit "f~€e- l,R4+-eate4-H~ ~l, A--42 OSHA Rules & Regulations cs the responsibility of the Cant r'actor (s) to adhere to all applicable OSHA rules nd Legu ation.'; whi ]E, perfcrming any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless i"cJ(.[ "G('neral Provisions and Requirements tor Municipal Construction Contracts" B- f., 21 Indemnification & Hold Harmless, text is deleted ~n its entirety and the ,:[';owi-nq is'substituu,,TJrI' 1 leu thereof: 'Hle Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall lndemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever t ron' an act or omisslon of the contractor, or any subcontractor, supplier, mate'rialman, or their officials, employees, agents, or consultants, or any work don" under the cOlltra<:t ')r in connection therewith by the contractor, or any sub>'ontractor, suppl iE'r, materialman, or their officials, employees, agents, or I,'on uJtdnts The contractor sh,d 1 hold the City, its officials, employees, attorneys, and agents harmless ,nd shall indemnify the Ci ty, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a neglig~~nl act aT omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee o[ 'he contractor OT any subcontractor, ;.;upplj.er or materialman. A-44 Change Orders hould a GhangF ordcr(~ be required by the eng~neer, Contractor shall furnish the [l'Jineer d complete breakdown as to all prices charged for work of the change order IInit prices, hourly rat.es, sub-contractor's costs and breakdowns, cost of materials ]nd ,~quipment, Vldge raj"s, etc.). This breakdown information shall be submitted by (;nt ractcd ae; ;1 basis f,)r the price of the change order. A-,45 As-Built Dimensions and Drawings (7/5/00) I;ll Contractor cons t r uet c;d :;halJ .md make keep appropri ate daily measurements of faei Ii ties accurate records of location (horizontal and Section A - SP (Revised 9/18/00) Page 17 of 20 vprticaJ) ( al j wilities. (b Upon cornplel ion of each idei lity, the Contractor shall one :;et of direct print:>, marked with red pencil, dimensions 'nd loc,,'iuns of all work constructed. As a drawinqs shill i,)(:lude he following: furnish Owner with to show as-built minimum, the final (j) Horj~ontal drld 'Jcrtical dimensHms due to substitutions/field charries. (2) Chanqes in equipment and dimensions due to substitutions. (3) "Nan,,,plate" data on all in;,talled equlpment. 14) Delel ions, ddditlons, and changes to scope of work. ( ~)) All Y lthe r c' hanqes !fIdde. A-46 Di..sposal of Highly Chlorinated water (1/5/00) (Not Used) "ft€-~r.:lctor -f'rh.c'icll-t~s-4cWe-ffl.f thc diopos-a+--e-{- ,~atcr uoed for teDting, ::J101nicctioE .::tfl€i---l-Hie----H-HsftiH~ in an approved ffi.:.lnner. Contaminant!] in the Hater, f"dJ't~;:lrly high'+.e-v-et-s-'~f~~, '.;i 11 l3eu3ed for dicinfection, and IRilY ellceed I'fte' permi::;oible ,l-i-mi t:; fOF-dioch.:.lHJ-e---im-e- Hetl.:.lndG or -environmentally oefioitive d-f'e-cltr.--~,hese --dIe rcgul.,E-€El-ey- ftBme-roU:J agencieo :JUch-a5 TNRCC, EPl\., etc, It '.lill be 1 he-'wfltr~-s- rC:JportS4b-ilit'rt-e- comply \;i-tcfi the requirClflcntD of all regulatory d'Jeneieo in the diDpo:J,-t-l---B-f-a-t+---wa-Ef~F---us-e€l---Hr the pro] eet. Thc mcthoda of diapoaal sfta~---s-ttbHtl-tc-tcee-t:-e- ~-,G4-tc-y-'-fBF ;:lppro7;:l1. There ahall bc no Deparatc P;:lY for ,hapoo.:.lI ~--fl-i~-efrl-nF-i,ft-a,t=ed ',.atcr. Contr<:lctor-snall not UDe the City'!] Ganitllry sewer-system for di :Jpo:;a-:l -HF--'contami.nated-wa~ A-47 Pre-Construction Exploratory Excavations (7/S/00) (Not Used) PF-WF---E-e-aRy--eBftSH-uct ton -wfla-t-eve-r'Htffi the proj ect, Contractor Dhal} el[C;:l7ate and C)Lpoae ;:Ill exi:~t-i~ pipclinc.>,o-f the project that craGG '.Jithin 20 feet of propooed pipeliIlc"--&f.-.----ffie---pFe-j~ --an4--~r;:lctor -s-fta-l.-l ::;urvey thc eJract vertical and h~''GOntal loe.:1tion -&f ~--f7etcentia11.i conflicting pipeline. Fe-r~tH1tt-p~l-i-fle5-wffie-A p;:lr.:.lllcl-, and ;1rc---within ten feet (10') of propoDcd p--i1K-~fleS-- of the prOfee-E, Contractor s-fta-H C}Leav;1tc and CJLpODe oaid cxiting picpelinco --a4:- -a---ffIaBffftIffi--&f--300 fect-~ and Contr;:lctor '-5h;:lll our.lcy the accur;:lte +K'l-f-i~I+--i3cftti-ve-~1 -leea-l' i-BfIS -~f' said par.:!1} elp-i-peline::; at 300 feet Ilh:l1riffiUffl , +-,{;-, ':ontr;:lctor--5hiH+-~ ~'fe~,-iH't4-cubmit iE- to the City for approval J-flffi.eatc-iflq- the O\mcE---&f.--p-ipcline~; 'c1(cava~HEl--survcyed, aa Hell aG the appro1(imate ',L;1tion thereof,--d'i,t'J-t-an€e,-t.-e---Efte-p-iHfeffleflt centerline and -e:!c'.l;:ltiona of thc top G4'- 'J!icting i3-i-17e~ Contractor 13hall-perforlll no con3truction~~ the project Ufl.til all ClEploratory excavationo have boca made -4&, their catirety, the results thereof reported to the Engineer and ~l ContEaet~~ivc3 Enginccr'o approval of report. F*fHoratory cxca~Effls-sfl.a.ll,-oc p;1id -feJ'~-Bfl- a lump OlHll b;lOio, My pavement rcpair ..,-{3Dociated \1itfi--- e)[plor;ltory -c~ation3 shall be paid for according to the :~~~il prief' -ef- pa-v€flleftt~,~'Gontractor - ahall pro'.lidc all hi:J mm ;Hrvey'.;ork ef+&r-t-'{-flB '+€-17-a-ra-F-e~~-Fer ~atory c}[cavi)t~ A-48 Overhead Electrical. Wires (1 / ~>! 00) :ontlactol sha] 1 comply wit h all OSHA safety requirements with regard to proximity , construction equiprnerlt beneath overhead electrical wires. There are many overhead Section A - SP (Revised 9/18/00) Page 18 of 20 ~l185 crossinq the construction route and along the construction route. Contractor ,h,,11 u:;r' all due dil i gence, precautions, etc., to ensure that adequate safety is r.'"vided for all of [-,1 S employees and operators of equipment and with regard to 'n:;nr lnq that [lO damaue.: to exist ing overhead elect rical wires or facilities occurs. "ll,:r."clor- sheill cuordinate his work with CP&L dnd inform CP&L of his construction chcdulp with regard 10 said overhead lines. op"', ()v,'rhead lines ale shown in the construction plans, while others are not. It .hdil b., the Contreict< r's ;]ole responsibility to provide for adequate safety with c~qdrd 10 over hr-,ad 1 ilies whether shown j Il the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/001 !ncJer "C;..neral Prov isi ons and Requ i rements [or Muni cipal Construction Contracts", B- H 11_rvl_<0ntenanc_e c;uaranty, add the following: "The Contractor' ,; guarantee is a separate, additional remedy available to beflefi t the Cj ty )f Corpus Christi. Neither the guarantee nor expiration of the lJuarantee period wi1 I operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of del ion a(lainst the Contractol or any other individual or entity." Sect:ion A - SP (Revised 9/18/00) Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: SENIOR CENTER IMPROVEMENTS PROJECT FY 2004 FY 2005; PROJECT No. 3283 OWNER CITY Ol- CORPUS CHRJC;TI CONTRACTOR: ARCHITECT: ~~Hll<:,K....JINASTQ.~, A,IA, CHUCK ANA~J_OSl\.~SOC~ATES, INC. --- ~------ -~ -- ----- -_. .---- -- ------ SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL -------~._.__..- ---- --.------ --- ...--.--. ------------- --------- - ----~-- Section A - SP (Revised 12/15/04) Page 20 of 20 Red Background White Bad<ground Blue Background PROJECT NAME Project Address T City of Corpus ChI1sti Com unity Development B\ocf{ Grant Progmm Dep rtment of Housing 8. Urban Development COBG unds: Total P e<:t Cost: 'contra~or ~ddres : h006 umber ArchItect: Address: Phone Number: Whtte Letters Black Letters White letters ~ - a;Jjf.J :--:;1/1 E:7/~ .'-J':::::: I l-...J Loco!e sIgn where ills mosl visible 10 the public. SIgn is nlade from a 4' x 8' sheet of 3/4" plywood. Sign IS mounted on (2) 4" x 4" x 8' treated posts (min. bury = 2' -0"). PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 1 of 3 r 1 DE S i fJllml.-,e r TX 3 6 2 4 ! U 1 TX 3 ue r E?,12C ~e ne '~ ] i 0:, Numb',' L TXO 2 Ci 0 3 -i e' ::}{ st u' I TYJ"o:o' f'ui (fin, '1 t 1 e lecel ,{[lei Sa Pa ri -: c: u n tie 5 : r Texas, F lLDl Nt, C INSTR\ C~'ION P~OJE,:TS (does not lnel ude residential strul ti 'n~onsc,:t ng of <;in::j1e family homes and apartments ari neludulCl 'I 5:)r1,'sl ~': d1 f 1 Cdt] Number o Pub icatlon Date 'JU13/2003 o /13/2004 o /2,S/2004 j:)4! 004 2 3 :3 R T:xJJ CJ 1 )0 1 20 4 Rates Fringes Jr ie kl ClYc ...$ 17.95 5. 0 r ":CO,'7 -0 ] 9 :'") j / 03 Rates Fringes Electr 1C dn""_ .S 17.25 5. 8 )NO 6(-0 01; .: 03 Rates Fringes Lonwu LK' 16.10 4.65 N1 08-0 o 7 / (:1 " 2 (! 0 2 Rates Fringes Painter. , . .:;; 12.50 1. 30 fTX 9 P 7 - : 12 0 :' (J 1 /] 98 Fates Fringes ~arpente; . , . , . _ . . . . . . C'ement M~son!Flnisher Labore L. >lason Te':der......... lumbers 1nd Plpefltters Includi:q HV1\C) ~)ower eq 1pment epE-ra" ors Bac -:h ~, Floafer., -..,.." ~lru(-'k Dr '.er.... c' . . . y . . ~, 9,96 L2, SO "'.56 7 . 14 . . . 5~; . . S 10.05 . .:;.' 7,84 9,20 1,50 http ! !www wdoI.gm Iwdo\!sca tiles/davisbacon/TX63 .dvb 7/10/2005 Page 2 of3 l. : "lE ;:::, r a r l ."eel".." e reee rJt:eil r craft ~''Orf rmlng J 'dh.~., leJ nq s ~ 'I llental. --------- ------------------- ----------------------------- s,oFe ',rd or:l" -l~FF : the is pI a) a Sl' d,'d II ne,'d(>,i I 1 \~ork not Included wlthin lea' Lens 1 I sted may be added after n ~ c labor standards contract ~lauses sre('; 'lSS 1 : 21 t on h.. Lo, lnCj 21o,,\'e, t e ";U" de<slqnation means that rates te:l und"L the ~lerlti! lee de not reflect collectively rqalned wage and f:lne beneflt rates, Other designations ~lcate U ions whOSE r tes have been determined to be '] a"J.1 ~lg WAGE DETSRMINATION APPEALS PROCESS Hi:S "h'le beer ar i It 1 ,] leci Li)n in the matter? This can U11e W"lC'" ne; fublleehe. undel 'r In:=[ d Hour Di \'i wale leterrnlnatlon wa Ie letermination Lon letter setting forth a position on -in eXLS waoe eternlnatl:Jn 1\21: er ')r:"oiman~e nddit:Jna cLaC'sLtication arId rate) ruling u!:.ve -elated rratre s, nl Ial ,:ontact, including requests summ,H es of SL r\ey S'jOU cd be with the Wage and Hour ~ lona.J Q!fice fc-r the -1rec; 1.:1 WfLic:h the survey was conducted c, 'a use 'h cie RegJcnal ' ffires have responsib lity for the Is-Ba~ol survey proCjlam. If the response from this initial t,act s r.ot satlsfac )ry t!H"n he process described in 2.) 3 3. ;h Lld b'2 f 1 Lov..C'd. Ii h regdr.l to any t he I ma te' n yet ripe for the formal 'cess de cribed here, Inl t ia CI)ntact should be with the .",. ,nch C 'nstructi 11 ','J3.ge De' ernnnations. \-Jrite to: B' al '1'1 of ")115tn .~ti '.~age Determinat, ions Wi'tg! and Meur Di' Lsi, !' S Department, ( ~' Lcdx) ;;: 0 onstLtutl)n \ver,ue, N.W. Was] ; ngto , 2C 1C. If the :lnswe~' t) hE- lerested party (those iew and reconsiderati ".:;: n Part 1.'1 me: qUEst on lrl 1.) lS yes, then an lffected by the action) can request In from the Wage and Hour Administrator 29 FJC PaIt 7). Write to: WagE "lfld Houe c\dn niC'tr"tot U.S. Departmen C' Labol http./www wdol.gov!wdollscafiles/daVlsbacon/TX63.dvb 7!l 0/2005 Page 3 of3 :ons t . t; t :)n A~/'?: -de. f ' it~]. ~~j .32 nqt( r n " lequeS' shon Ld be. a ::::ompanie{; ~"re5t ed party p' 5i ion and l'i '/ment :ia ,i, pI ect d scrLptlC'[, tLlt he) eq:JP te, liS 1 :iP! ~ a full statement of the 0ny information (wage ilea practice material, relevant. the iSS1H'. I f he terested P '?leW P,)a jeci~,j f part" may api ,j (fcrmer]y he ~dmlnl trator 13 not favorable, eal dire tly to the Administrative he iJaqe J\ppeals Board!. Write to: an Adm nistra',]ve R vie~ BJard c Depaltment f L, ,be r L)C ': 0 n s t 1 t '.J t j ~) n l\ve ,up, N.,\], l'ilS I nqtc n, Di 2 21 i,' A ie S 1 on ,. t " I tho Ad'!!inLst Telt lve RevlP'.v Board are final. ---------------------------- --------- ------ --------- tJO)} (;E:NF.RA DE 'IS [i)h http ! /WW\\<. wdol.gov IV" dol/sea files/davisbaeon/TX63 .dvb 711012005 Page 10f2 :lPL,d DE' slur r;L.lnJer 1'1: DC;' /13 C () TX3 :~ p'-'~r ed~_~c ;enel Ie ::1 ien N:" rx 039 1 e ')"E:X: ti_3t U tJ TYt P ;';,n! t / (:0'0 '.t..J !_,.,t;:- ~;i,N ATP HEAVY :ONS"RUCTION PPOJ LTS (lnclurling SeWEr Ind Water Line "structi n ane: I'r aJ na: le P 10) t s I M dIfJcati n Number o Pub icatIon Date ) /13/ <] CC,,"iNTY (Ie s) NUECES ": A~.J P,TRI,'1 1'X205 ,'" 2! 0 J 08 Rates FrInges CARPENTERS Excludlng Fo m e tlna) $ 9.0~ C::j:)R.ETE 01 1 SHEF 7 . [~: ( EL;::TR CJ AN 13. '7 2. ")8 LAJ: JPERS : )rnmon 5.64 7 . 68 t Ilty POWER EQUIPMENT [PEBATOR "ackhoe or (, La IPr 9. 8. WE DERS oc.~ r atIor. t Receive rate ore~crlbEd f r craft performing which we] dil]] incidental, Un lsted :1 sSlficaticns th scope ot the classif a~ard anI; as provided it ( .2 C FR ::. 5 a) (1) (i i ) ) . needed for '~ork not I ncl uded wi thin cations listed may be added after thi' 1Ibol standards :ontract clauses Il he listing atove, thi "SUn iesiqnation means that rates Ii ~ed under that identi ler do not reflect COllectively ba gained wage and fringE benefit rates. Other designations i 'yj 1 cate In ons whose ra e5 aveC' teer! determined to be p r f ~J a i 1. .1 n ::J . WAGE 'ETERMINATION l\PPEALS PFOCESS 1. Has there been an in CIa deCISIon in the ~atter? This can * eXIsti g published wage determination * " survevJf1derlying a vJage 'ieterml nation http. !/WW\\ wdoLgO\./\vdol/scafilesJdavisbacon/TX39.dvb 7/13/2005 Page 2 of2 'II a'1 e'H H 0 U 1 v sin 1 t t2 r :3 e t tin 9 f r t '1 a ) 1 1, n ;:l vJaqE' det Lmlilat ior :ratter :o;,f, rrr ',ce dd:Ji110 a.l las i t'cition ane' ra el i ~ j "-j C r r',ie at eo f1Eltter l,it1al ntact, in luding reoluests f ",'lrVE"YS sh uL:J Ie h1th the \'iage and Hour ce ! 1 the rea I, '"h1 the surv'c::y was conducted nc c, PeOl O' fi s a\'i' r,"spor: ibi lity for tie :,urvEY fil~("gr iffi. rf th.;?: response tr'OTI1 this lnitial :ot Set ,jcfact 'j' then ]'r" process lescribed Ul 2.) + ' 1.', ummd r i :ma 1 )f FE' lE 1'JS.--' c ' L C, -nd, )r ,:=iC+ ~ r, '10 ] d De llow, d. We 'n rogar'o '0 ar Y' :,ther r:1 ;:ess des Tibed here, c 1:onoo t lIC j on Waqe flet' matter nut yet ripe for the formal nitLal contact should be with the Branch , rm i :1 a t i 0 r, S . W r i t e t c : Branch ,:of Ccnst ruct on 'iJage Leterminatlons Wage a:lci HaUL CH v is on U, "epartmEc,:t of Lab.r 2 O~o :;tl tut en l\Vi 'nue, N. W, Wash 1n)1 on, f' C 021 1. [; if tt,,,, :lswel t c the f'rested farty (t r:ose ew and econSlderati 2 (~'p Fart j ,:: and que'itlJn lri 1.) 1 S yes, t hen an ,ffe"ted ty the actionl can requl~st n from the Wage and Hour Administrator .!9 'FF Pa[1 'I). WritE t : IE ( ~ W,qe arci Hall [ :dm,i .is ',ra r: U ,'. Departrnen' of Labol 2 (I Corst ituti n A'er1Je, 'L W. W, s h ] n 9 t (' L , 0 . ()~ 1 Tr request :.;houlcl be ac, 1 erestel farty's posit da: , proJe t descriptior rF Jest or c nSIders rele ~mpdn.ied b a full statement of :::m lnd by any information (wage area practice material, etc.) :lnt to the issue. the payment that the 3. if t.h'3 :eClSlOL at tLe AdmlnIstrator IS not favorable, an i rest:ed arty may appE:al 'iiri2ctlv to the Administrative Review B:;old (fo;-m.,rly the- Wage "I.ppeal'3 Board), Write to: A,uTlinistrative US. DepartmeI: 2 Constltuti, Wdshlngton, D. R.ev I ew Boa r,j t 0 Labor r) A\'enJe, N. W. 0)]0 4. ;,11 dec sions the Z\dmln.i3trat1ve Review Board are final, END OF GENERlj[.. DFCI~ION http://www wdol.gov/wdoIisca files/davisbacon/TX39 .dvb 7/1312005 FEDERALLY REQUIRED LANGUAGE E E 0 Certification Equal Employment Opportunity Certification Fvcerpt From 41 CFR ~60-1.4(b} U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Department of Veterans AWalrs The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modifi- cation thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insur- ance. or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: ( I) The contractor will Dot 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 em- ployees 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: Employ- ment, upgrading, demotion, or transfer; recruitment or re- cruitment advertising; layoff or termination; rates of payor 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. The contractor will, in all solicitations or advertisements for .:mployees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for em- ployment without regard to race, color, religion, sex, or national origin 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agree- ment or other contract or understanding, a notice to be provided advising the said labor union or workers' represen- tatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuoQS places available to employees and applicants for employment. , ) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regu- lations and relevant orders of the Secretary of Labor. , ) The contractor will furnish all information and reports re- quiredby Executive Order 11246 ofSeptember24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its booles, records, and acco~ts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compli- ance with such rules, regulations, .and orders. ,- 1 Nwne and Address 1.i (n', '{:(fY\=:)\ \ (ly-,jt"VWt:J-i )r -j ~ rIl,Q:: j\rllo u(\ ~ Lotl (6) In the event of the contractor's noncompliance witb the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be can- celed, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Govern- ment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Exec'Utive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence imme- diately preceding paragraph (I) and the provisions of para- graphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Sec- retary of Labor issued pursuant to section 204 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 subcon- tract 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. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employritent practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work.on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it wilI furnish the administering agency and the Secretary of Labor such information as.they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the dischlU'ge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification Slibject to Executive Ord.er 11246 of September 24,1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed fonn HUD-92010 (1~) VA form 28-421 upon contractors and subcontractors by the administering agency 01' the Secretary of Labor pursuant to Part II, Subpart D of the F''''~utive order. In addition, the applicant agrees that ifit fails or es to comply with tbese undertakings, the administering Arr..JCY may take any or all of the following actions: Cancel, tenninate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assis- tance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings Excerpt from HUD Regulations 200.41 ODefinition of term "applicant" (a) In multifamily housmg transactions where controls over the mortgagor are exercised by tbe Commissioner either through the ownership of corporate stock or under the provisions of a regulatory agreement, the term "applicant" as used in this subpart shall mean the mortgagor. 'b) In transactions other than those specified in paragraph(a) of this section, the term "applicant" as used in this subpart shall mean the builder, dealer or contractor performing the con- struction, repair or rehabilitation work for the mortgagor or other borrower. 200.420Equal OpportUfilty Clause to be included in contracts and subcontracts a) The following equal opportunity clause shall be included in each contract and subcontract which is not exempt: During the perfonnance ofthis contract, the contractor agrees '\S follows: .1..1) The contractor will not discriminate against any em- ployee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensured that applicants are employed, and that employees are tTeated during employment without regard to their race, creed, color, 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 ~mpensation; and selection for training, including ap- prenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided setting forth the provisions of the nondiscrimination clause. (2)The contIactor will in all solicitations or advertisements for employees placed by or on behalfofthe contractor, state that all qualified applicants will receive consideration for employment without regard race, creed, color, or national origin. (3) The contractor will send to each labor union or repre- sentative of workers with whicbhe has a collective bargain- ing agreement or other contract or understanding, a notice, to be provided, advising the said labor union or workers' repre- sentative of the contTactor's commitments under this section, and sball post copies of the notices in conspicuous places available to employees and applicants for employment, (4) The contractor will comply with all provisions of Ex- ecutive Order 10925 ofMarcb61961, I$lUIlcnded, aildofthe regulations, and relevant orders of the President's Commit- :ee on Equal Employment Opportunity created thereby. (5) The cootractor will furnish all information and reports required by Executive Order 10925 of March 6, 19& I, as amended, and by the regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Committee for purposes of investigation to ascertain compliance with such regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clause of this contract or with any of the said regulations, or orders, this contract may be can- celled, terminated or suspended in whole or in part IUld the contractor may be declared ineligible for further Govern- ment contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 10925 of March 6, 1961, as amende, and such other sanctions may be imposed and remedies invoke s provided in the said Executive Order or by regulations, or order ofthe President's Committee on Equal Employment Opportunity, or as other- wise provided by law. (7) The contractor will include the provisions of Para- graphs( 1 ) through (7) in every subcontract or purchase order unless exempted by regulations, or orders of th~ President's Committee on Equal Employment Opportunity issuedpursu- ant to Section 303 of Executive Order 10925 of March 6, 1961, as amended, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase orders as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vender as a result of such direction by HUD,the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Except in subcontracts for the performance of construction work at the site of construction, the clause is not required to be inserted in subcontracts below the second tier. Subcontracts may incorporate by referenced to the equal opportunity clause. 200.425Modification in and exemptions from the regulations in this subpart. (a) The following transactions and contracts are exempt from the regulations in this subpart: (1) Loans, mortgages, contracts and subcontracts not ex- ceeding $10,000. (2) Contract and subcontracts not exceeding $100,000 for standard commercial supplies or raw material; (3 )Contracts and subcontracts under which work: is to be or has been performed outside the United States and where no recruit- ment of workers within the United States in involv~ To the extent that work: pursuant to such contracts is done within the Untied States, the equal opportunity clause shall be applicable; (4) Contracts for the. sale of Government property where no appreciable amount of work is involved; and . (5) Contracts and subcontracts for an indefmite quantity which are not to extend for ore than one year if the purchaser determines that the amounts. to be ordered under any such contract or subcontract are not reasonably expected to exceed $100,000 in the case of contracts or subcontracts for standard commercial supplies and raw materials, or $10,000 in the case of all other contracts and subcontracts. fonn HUD.92010 (1~2) VA fOIm 26-421 Section 3 Certification City of Corpus Christi Neighborhood Services Department CERTIFICATIONS SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 Housing and Urban Development regulations implementing Section 3 of the Housing and Urban Development Act of 1968 require that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. As evidence of Compliance, the undersigned certifies that hel she will: 1. Take affirmative steps to hire and train lower income residents of the project area, and 2. Solicit the participation of businesses located in or owned substantially by persons residing in the area of the project. /," 11' ~. , ,?, Sign~: .. ~~ Tide: \f-&e-i\f COMPANY:u'(Y\rY'E=~vlY'c\(\ C~h1 \c\-ic'}(\ CD j ,,~C, Date: cf~, I~ \ (0) .~ ! J'. ~; ~; . :. :- ~ . ,., .".". Section 3 clause 24CFR part 135.38. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): 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. 170lu (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 HUn 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 ~s section 3' clause, upon a fmding that the subcontractor is in violation of the regulations in 24 CPR 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 seiected 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 WIder 24 CFR part 13 5. .... .. ... ,.. '" '" " r .. {r F I F, Noncompliance with HUD's regulations in 24 eFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUn assisted contracts. G. With respect to work perfonned in cOIUlection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Detennination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be perfonned 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), Executive Order 11246 Equal Employment Opportunity ", Executive Order 11246 As Amended Equal Employment Opportunity SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I - Nondiscrimination in Government Employment [Part I superseded by EO 11478 of Aug, 8, 1969, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803] Part II - Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A - Duties of the Secretary of labor SEC. 201.The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of thrs Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. LSec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Camp., p. 230] Subpart 8 - Contractors' Agreements SEC. 202. Except in contracts exempted In accordance with Section 204 of this Order, all Government contracting agencies shall Indude In every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor wfU 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 indude, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and sele~on for training, InclUding apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the proviSions of this nondiscrimination dause. (2) The contractor wfll, In all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3) The contractor wUl send to each labor union or representative of workers with which he has it collective bargaining agreement or other contract or understanding, a notice, to be proVided by .the agency coOU'acting officer, advising the labor union or workers' representative of the contra'dl:ors commitments under Section 202 of executive Order No. 11246 of September 24, 1965,and shan post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with afl provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of ~eptember 24, 1965, and by the rules, regulations, and orders of the Secretary of labor, or pursuant ~hereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of labor as a means of enforcing such provisions Including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter Into such litigation to protect the Interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct, 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p, 230J SEC. 203. Each contractor having a contract containing the provisions prescribed in Section 202 shall ile, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such Information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shalf be in such form, as the Secretary of labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated In any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers .or prOViding or supervising apprenticeship or training for such workers, the Compliance Report shafllnclude such Information as to such labor union's or agency's practices and policies affecting compflanceas the Secretary of labor may prescribe: Provided, That to the extent such information Is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such Information to the contractor, the .contractor shall so certify to the Secretary of labor as part of Its Compliance Report and shall set forth what efforts he has made to obtain such Information. (d) The Secretary of labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement In writing, signed by an author/zed officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting 'nformatlon, to the effect that the signer's practices and polldes do not dlsaimlnat~ on the grounds of ace, color, religion, sex or national origin, and that the signer either will affirmatively cooperate In the Implementation of the policy and provisions of this Order or that It consents and agrees that reaultment, employment, and the terms and conditions of employment under the proposed contract shall be In accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require, {Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is Involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of Individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of Its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not Interfere with or Impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order." [Sec. 204 amended by EO 13279 of Dec. 16, 20021 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 _ 77144 J Subpart C - Powers and Duties of the Secretary of labor and the Contracting Agencies SEC. 205. The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any Implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any Implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such Information and assistance as the Secretary may require. [Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501,3 CFR, 1978 Comp., p. 230] SEC. 206. The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to detennlne whether or not the contractual provisions spedfied In Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and Investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual proVisions spedfied In Section 202 of this Order. [Sec. 206 amended by EO 12086 of Oct. 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] SEC. 207. The Secretary of Labor shall use his/her best efforts, directly and through Interested Federal, State, and local agencies, contractors, and all other available Instrumentalities to cause any labor union. engaged In work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or In the course of such work to cooperate In the Implementation of the purposes of this Order. The Secretary of Labor shall, In appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever It has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [See 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 208. The Secretary of Labor, or any agencYI officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, pUblic or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contracts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. SUbpart 0 - Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of labor may issue or adopt, the Secretary may: (1) Publish, or cause to be publishedl the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rulesl regulatlonsl and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Orderl appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, Individuals, or groups who prevent directly or Indirectly, or seek to prevent directly or indirectly, compliance 'with the provisions of this Order (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that .appropriate proceedings be Instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false Information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agenCYI direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor. (6) Provide that any contracting agency shall refrain from entering Into further contractsl or extensions or other modifications of existing contracts, with any non complying contractor, until such contractor has satJ~ed the Secretary of Labor that such contractor has established and will cany out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conferencel condllatlon, mediation, and persuasion before proceedings shalf be Instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated In whole or In part under subsection (a)(5) of this Section. [Sec. 209 amended by EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR1 1978 Comp., p. 230] see. 210. Whenever the Secretary of labor makes a c;tetennlnation under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action It has taken to the Secretary of Labor within such time as the Secretary shall spedfy. If the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. [See 210 amended by EO 12086 of Oct. 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p 230] SEC. 211. If the Secretary shali so direct, contracting agencies shall not enter Into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor [See. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501,3 CFR, 1978 Comp., p. 230] SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(S) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E - Certificates of Merit SEC. 213. The Secretary of Labor may provide for Issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged In work under Government contracts, If the Secretary Is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membershIp, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor .f the holder thereof, In the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC. 215. The Secretary of labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements Imposed under or pursuant to this Order. If such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III - Nondiscrimination Provisions in Federally Assisted Construction Contracts SEC. 301. Each executive department and agency, which administers a program Involving Federal finandal assistance shall require as a condition for the approval of any grant, contract, loan, Insurance, or guarantee thereunder, which may Involve a construction contract, that the applicant for Federal assistance undertake and agree to Incorporate, or cause to be incorporated, Into all construction contracts paid for In whole or In part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, lo~n, Insurance, or guarantee, or undertaken pursuant to any Federal program Involving such grant, contract, loan, Insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving In substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with SUch additional proylslons as the Secretary deems appropriate to establish and protect the Interest of the United States In the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively With the Secretary of Labor In obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such Information as the Secretary may. require for the supervisIon of such compliance, (3) to carry out sanctions and penalties for violation of such obligations Imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II, Subpart 0, of this Order, and (4) to refrain from entering Into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart 0, of this Order. See 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 302. "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvement:s to real property (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein, (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it lndudes such an applicant after he/she becomes a recipient of such Federal assistance. SEC. 303. The Secretary of labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency Is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the perfonnance of the Secretary's functions under this Order. (b) In the event an applicant falls and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend In whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department r agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. (Sec. 303 amended by EO 12086 of Oct. 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements Into conformity with the administration of requirements Imposed under this Order: Provided, That actions to effect compliance by redpients of Federal financial assistance with requirements Imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken In confonnlty with the procedures and limitations preScribed In Section 602 thereof and the regulations of the administering department or agency Issued thereunder. Part IV - Miscellaneous SEC. 401. The Secretary of labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. (Sec. 401 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 402. The Secretary of labor shall provide administrative support for the execution of the program known as the "Plans for Progress." SEC. 403. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Opportunity established by executive Order No. 10925 Is hereby abolished. All records and property In the custody of the Committee shall be transferred to the Office of ~rsonnel Management and the Secretary of labor, as appropriate, (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not Inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References In such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [See 403 amended by EO 12107 of Dee. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264J SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of labor. SEC. 405. This Order shall become effective thirty days after the date of this Order. Executive Order 11246 EEO and Affirmative Action Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin BASIC PROVISIONS Since 1965, the U.S. Department of labor's Office of Federal Contract Compliance Programs (OFCCP) has been committed to ensuring that Government contractors comply with the equal employment opportunity (EEO) and the affirmative action provisions of their contracts. OFCCP administers and enforces Executive Order 11246, as amended, which prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business In one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to insure that equal opportunity is provided In all aspects of their employment. AFFIRMATIVE ACTION REQUIREMENTS Each Government contractor with 50 or more employees and $50,000 or more in government contracts is required to develop a written affirmative action program (AAP) for each of its establishments. A written affirmative action program helps the contractor Identify and analyze potential problems in the participation and utilization of women and minorities In the contractor's workforce. If there are problems, the contractor will specify in its AAP the specific procedures it will fol/ow and the 100d faith efforts it will make to proVide equal employment opportunity. Expanded efforts in outreach, recruitment, training and other areas are some of the affirmative steps contractors can take to help members of the protected groups compete for jobs on equal footing with other applicants and employees. ENFORCEMENT AND COMPUANCE Compliance Reviews OFCCP conducts compliance reviews to investigate the employment practices of Government contractors. During a compliance review, a compliance officer examines the contractor's affirmative action program; checks personnel, payroll, and other employment records; Interviews employees and companyoffldals; and Investigates virtually all aspects of employment in the company. The investigator also checks to see whether the contractor is making special efforts to achieve equal opportunity through affirmative action. If problems are discovered, OFCCP will recommend corrective action and suggest ways to achieve equal employment Opportunity. Complaint Investigations Individuals may file complaints If they believe they have been discriminated against by federal contractors or subcontractors. Complaints also may be filed by organizations on behalf of the person or persons affected. :Omplalnts must be filed within 180 days from the date of the alleged diScrimination, although filing time can be extended for a good reason. . If a complaint filed under executive Order 11246 Invofves discrimination against only one person, OFCCP will normally refer It to the EEOC. Cases Involving groups of people or Indicating patterns of discrimination are generally Investigated and resolved by OFCCP. Complaints may be filed directly with any of OFCCP's regional or district offices throughout the country, or with OFCCP In Washington, D.C. Compliance Assistance To help contractors understand their contractual obligations for EEO and affirmative action, OFCCP provides technical assistance. District office staff offers guidance to contractors on how to develop an affirmative program through company seminars, training programs held in conjunction with industry liaison groups, and one-on-one consultations on affirmative action practices and procedures. Enforcing Contract Compliance When a compliance review discloses problems, OFCCP attempts to work with the contractor, often entering into a cond/iation agreement, A conciliation agreement may include back pay, job offers, seniority credit, promotions or other forms of relief for victims of discrimination. It may also involve new training programs, special recruitment efforts, or other affirmative action measures. When conciliation efforts are unsuccessful, OFCCP refers the case to the Office of the Solicitor for enforcement through administrative enforcement proceedings. A contractor cited for violating EEO and afflnnatlve action requirements may have a formal hearing before an administrative law judge. If condliatlon is not reached before or after the hearing, sanctions may be Imposed. For example, a contractor could lose its government contracts or subcontracts or be debarred, I.e., declared Ineligible for any future government contracts. Further Information For more Information about contact compliance, filing complaints, or compliance assistance, contact any of OFCCP's regional or district offices. All offices are listed In telephone directories under U.S. )epartment of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs, Affirmative Action Plan & Attachments Zi t"Y\fY'brYqrl \ ' C. in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Devel ment Act regarding Equal Employment Opportunity hereby gives notice that no persom 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 thai7ifY'\N"f"yl'Y'C\(\~Y\ ,&10('\ will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will he placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notijled. ,4ll Equal Opportunity posters will be displayed as re~uired. (~en i \ ~ \(j'-\, ___ has been appointed as the Equal Employment Opportunity Officer to coordinate company eft'rts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc, >\<<achment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents. mlOorities and women AFFIRMA TIVE ACTION PLAN AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment # I reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project1.i~tY'f"\(\~\rl\cl:t.OOWill use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on tl1.e 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$IO,OOO or more, UTILIZING LOWER INCOME RESIDENTS. MINORITIES AND WOMEN To the maximum extent feasible, . L\and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualifi to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employme t 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 maqe known to the resources named above. Attachments #2 and #3 shall be completed by Zjmry\py(Y\\(\Cb1s1it )C\-iO(1 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 Z\(Y)~fY'Y1(I C'CVl"\\rt If H(V' will submit all reports required in a timely fashion, The Company will also assure that all subcontractors shall submit required reports as needed. /1 . ! u\ct' 1i()~rYn.\(L_ (print) Name of Executive Officer .OY\tJ~\ ~\~("\ _ (print) Nam of EEO Officer , (2... { ~I kJJ DATE ~131101 DATE ( COMPANYNAME~IV~~~~tr~\)'\~.. ~ ADDRESS: P. (j w.., "- \-; 7 0 l PHONE NO.: )\2-~l()-~__, Attachment #1 Project #: J lrP Sponsor: 1.ntlcipated and Actual Subcontracts: Thefolklwlng list Is Intended to provide information on anticipated subcontracts and to provide a record of actual subcontracts. The final record will be rovtded to HUD Equal Opportunity Division for their use as desired and to reflect affirmative compliance by this company. COMPLETE FOR SUBMISSION WITH BID Approximate THIS PORTION IS FOR RECORD KEEPING PURPOSES AFTER RECEIVING CONTRACT Subcontractor Proj. Area Minority Name-Address Business Owned Yes No Yes No v v"" v' V V' v' V" V V V Total: ~ 1, 131. (~'j Total $ to Minorityl Women Businesses Racial Codes: I - Indian M - Male B - Black F - Female H - Hispanic W - White o - Other Goals for Subcontracts ", 4- L, ill rc- Total $ to Area Businesses ",'" ~ Set dollar amount goals for awarding of contracts to Small or Disadvantaged .Area Businesses. t+ \Iso set dollar goals for awarding of contracts to businesses owned by minorities and women. t late - Approximate start and ending date of construction. Attachment #2 CURRENTEMPLO~ENT !ate:IDLlliQ_ .._ Company: 2irnff'fJ()"Ct(\ , ~)\-n ,C\-1C\Y\ Cb. :Ire. , 3lli'") Project #: Sponsor: Contract #: . Ir oompany (Is) ~~Iocated k1 and (is) ~ by residents of !he Project Area. "he posiUons and employees reftected below represent !he present employment of !he Company As vacancles OCCUr or new positions are established, . wII attempt to maintain at least. __ % of the workforce from !he Project Area. (. Use figures anived at on Attachment #3,) Position Name & Address Project Area ResIdent Sex/Race Yes No (CocJes) ~ \ \-~\\ ,r('\pr1 -\-t\vT\l I nh ~(\yf\\~( A1= ~\ ,H(\Y\.~ H ~\ 1\\ \?f\ -f"'i' .. - - , = : d,~~^t~~~~' Racial Code,s: 1- Indian M - Male B- Black F - Female H - Hispanic w- White 0- other ::I e aU employees related to this job Including admlnlslraUve and clerical staff, ATTACHMENT # 3 PROJECTED WORKFORCE NEEDS The list of crafts (by classification or specialty) below reflects anticipated numbers of employees which will be required to complete this Company's part of the project, In accordance with Section 3 0 the Housing and Urban Development Act of 1968 and Executive Order 11246, the Company submits the following anticipated workforce needs and hereby establishes the following goals: (Include all projected positions including administrative and clerical.) COMPLETE FOR SUBMISSION WITH BID THIS SECTION FOR RECORD KEEPING PURPOSES ONLY *Total Number from Project Area (Goals) CRAFT Read Journeyman APprentice Trainee Journeyman Apprentice Trainee Racial Codes: I - Indian M - Male . B - Black F - Female SlA - Soanlsh American W - White o - other *Minorlty & Women Goals * Low Income Resident Goals .. Set Goals as Indicated above for subm.lssion with bid. Attachment # 3A SAMPLE LETTER TO RECRUITMENT SOURCES Gentlemen: {Contracjor or subcontractor} is presently participating in the construction of a project which is funded by the Federal Government. To assure compliance under various laws, we are committed to take affirmative action to recruit lower-Income workers from the defined area of this project We are also recruiting minorities and women. The area of recruitment is not limited to the project area In this case. We are an Equal Employment Opportunity Employer (male and female). The (Jeslgnated area of the project is : The City of Corpus Christi. The crafts (by classification) shown below reflect our primary needs for manpower. Craft Journeyman Apprentice i Our hiring office is located at Your assistance in our recruiting efforts will be appreciated. Sincerely, '- Affirmative Action Quarterly Report AFFIRMATIVE ACTION PLAN QUARTERLY REPORT Name of Company: Address: Date: Project No. : Project Name: Location: --- Telephone: __ SUGGESTED QUARTERLY REPORT A Quarterly Report will be submitted to the Equal Opportunity Office of HUP,three months after start of construction and every three months thereafter. Numbers in each block will represent a three months accumulation. The Report should also include the payroll records for the week the report is submitted. - WIth designations of employees race, color, national origin, or sex. APPLICANT FLOW: VVhlte Hispanic Black other Total Non-Minortty Male ' Female Male Female Male Female Male F.emale Male Female . ApplIcations , Hired TERMINATION DATA: WhIte Hispanic Black other T ot.aI Non-Minority . Male Female Male Female Male Female Male Femate Male Female ApplicaUons Hred REASONS. FOR TERMINATION: ~ Appendix A to Part 84-Contract Provisions Title 24: Housing and Urban Development PART 84-- UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION. HOSPITALS. AND OTIIER NON-PROFIT ORGANIZA nONS Subpart E-Use of Lump Sum Grants All contracts, awarded by a recipient including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity-All contracts shall contain a provIsion requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.c. 874 and 40 U.S.C. 276c)-AII contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland -Anti-Kickback" Act (18 U.S.C, 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 3. Davis-Bacon Act, as amended (40 V.S.C. 276a to a-7)-When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of .more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage detennination. The recipient shall report all suspected or reported violations to HUD. 4. Contract Work Hours and Safety Standards Act (40 V.S.C. 327 throqgh 333)-Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C, 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours, Work in excess of the standard workweek is pennissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement- Contracts or agreements for the perfonnance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." and any implementing regulations issued by HUD, 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S,C. 1251 et seq.) , as amended-Contracts and subgrants of amounts in excess of $100.000 shall contain a provision that requires the recipient to agree to comply with all applicable standards. orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C, 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)- 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 Congres~, 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. 8. Debarment and Suspension (E.O.s 12549 and 12689)-No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, -Debannent and Suspension,. as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended. or othelWise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O, 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Drug-Free Workplace Requirements- The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F Last updated: February 18, 2004 Workers Compensation Coverage Is an Statutory Requirement for the Prime Contractor and all Sub- contractors. Prior to construction work start, the contractor shall be responsible for submitting documentation as proof of workers compensation coverage for the prime Contractor and any and all subcontractors used on the project site providing services for the proiect for the duration of the proiect, until is completed and accepted bv NSD. All certificates of insurance shall be accepted bv City of Corpus Christi Risk ManaQement Department Accessibility Law: Architectural Barriers Act Enforced by the Access Board and requires that federally funded buildings and facilities be accessible to people with disabilities. Debarment and Suspension 24 CFR 84 Home Page > ExecutlYe Branch > e-CFR Home [ ;tronic Code of Federal Regulations (e-CFR) BETA TeST SITE e-CFR Data is current as of November 9, 2004 . Title 24: Housing and Urban Development PART 84- UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION. HOSPITALS, -AND OTIffiR NON-PROFIT ORGANIZATIONS Subpart B-Pre-A ward Requirements ..7Jrowse Previous I Browse Next i 84.13 Debarment and suspension; Drug-Free Workplace. a) HUn and its recipients and subrecipients shall comply with the nonprocurement debarment and suspension common rule implementing E.O.s 12549,and 12689, '"Debarment and Suspension," at 24 CPR part 24. This common rule restricts subawards nd contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. . ) J tillD and its recipients and subrecipients shall comply with the certification requirements of the Drug-Free Workplace Act of 1988 (42 U.S.C, 701), as set forth at 24 -FR part 24, subpart F. Browse Previous I Browse Next FOf questions Of comments regarding e-CFR e<frtorlal content. features, or design, emaH ecfr@>~ra.oov. For questions conoemIng e-cFR programming and delivery Issues, emaH webteam@ooo.Qov. last updated: February 18,2004 P:llecfr.mx>access.l!ov/c2iltltextftext-irlx?r.=P.r.fT~Ctit=t'7FpA2h-2'Oh,,)(:~A ~C: 1 _'70_'7" 1 IV., _~ ~ . _ .r<lgc 1 or 1 E P A Requirements All Construction Contracts Over $100,000.00 Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, and EP A Regulations of Non- Exempt Federal Contracts The Contractor shall comply with aU applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h) ); Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR, Part 15), which prohibit the use under Non-Exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facifities. Violations will be reported to HUD and to the USEPA Assistant Administrator for Enforcement (EN-329 FDA Home p~ , Search FDA Site I FDA A-Z Index I Contact FDA LEAD-BASED PAINT POISONING PREVENTION ACT TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT Prohibition by Secretary of Health and Human Services in application to Cooking, drinking, or eating utensils ~831. Use of lead-based paInt · (a) The Secretary of Health and Human Ser:vices shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of 'ead-based paint to any Cooking utensil, drinking utensil, or eating utensil manufactured and distributed after January 13, 1971. · (b) Prohibition by Secretary of Housing and Urban Development of use in residential structures constructed or rehabilitated by Federal Government or with federal assistance The Secretary of Housing and Urban Oevek>pment sharl take steps and impose such conditions as may be necessary or appropriate to prohibit the use of fead-based paint in residentlal structures constructed or rehabilitated by the Federal Government. or with Federal assistance in any form after January 13, 1971. · (c) Prohibition by Consumer Product Safety Commission in application to toys or furniture articles The Consumer Product Safety Commission sharl take such steps and impose such COOdllions as may be necessary or approPriale to prohlbft the appllcallQnollead-base,fpalnllo any toy or furniture article. 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Federal Labor Standards Provisions u.s. Department of Housing and Urban Development Office of labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions ara included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1 (I) Minimum Wages. All laborers and mechanics em. ployed or working upon the site of the work will be paid uncondi- tionally and not less often than once a week, and without subse- quent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secre- tary of Labor under the Copeland Act (29 CFR Pari 3), the full amount of wages and bona fide fringe benefits (or cash equiva- lents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, re- gardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classi- fication of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- forming work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any addi- tional classification and wage rates conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (II) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage deter- mination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe ben- efits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be em- ployed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of la- bor, Washington, D.C. 20210. The Administrator. or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives. and HUD or its designee do not agree on the proposed classificati on and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD or its designee. to the Administrator for determina- tion. The Administrator, or an authorized representative, will is- sue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 3D-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1 )(ii)(b) or (c) of this para- graph, shall be paid to all workers performing work in the classifi- cation under this contract from the first day on which work is per- formed in the classification. (Ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated In the wage determination or shall pay an- other bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided. That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate ac- count assets for the meeting of obligations under the plan or pro- gram. (Approved by the Office of Management and Budget under OMS Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to be withheld from the con- tractor under this contract or any other Federal contract with the same prime contractor. or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay- ments or advances as may be considered necessary to pay la- borers and mechanics. including apprentices, trainees and help- ers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, Including any apprentice, traInee or helper, employed or working on the site of the work, all or part Previous edition is obsolete Page 1 of 4 form HUD-4010 (07/2003) ref. Handbook 1344.1 of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance. or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts 3. (I) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by lhe contractor during the course of the work preserved for a period of three years thereaf- ter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification. hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(l )(iv) that the wages of any laborer or mechaniC include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Sec- tion l(b)(2)(B) of the Davis-Bacon Act, the contractor shall main- tain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially re- sponsible, and that the plan or program has been communicated in writing to the laborers or mechanics aHected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract. but if the agency Is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out ac- curately and completely all of the information required to be main- tained under 29 CFR 5.5(a)(3)(i). This information may be submit- ted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- ernment Printing Office, Washington, DC 20402. The prime con- tractor is responsible lor the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMS Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a .State- ment of Compliance," Signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the per- sons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper. ap- prentice, and trainee) employed on the contract during the payroll periOd has been paid the full weekly wages earned, without re- bate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the appli- cable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall sat- isfy the requirement for submission of the .Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records re- quired under subparagraph A.3.(i) available for inspection. copy- ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor. and shall permit such rep- resentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available. HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment. advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pur- suant to 29 CFR 5.12. 4. Apprentices and Trainees. (I) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. De- partment of Labor, Employment and Training Administration, Of- fice of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an ap- prentice wage rate. who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actu- ally performed. In addition, any apprentice performing work on the jOb site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program Shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the Previous edition is obsolete Page 2 of 4 form HUD-4010 (0712003) ref. Handbook 1344. t journeymen hourly rate specified in the applicable wage determi- nation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the appren- ticeship program does not specify fringe benefits. apprentices must be paid the full amount of fringe benefits listed on the wage deter- mination for the applicable classification If the Administrator de- termines that a different practice prevails for the applicable ap- prentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Train- ing, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is ap- proved (II) Trainees. Except as provided In 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior ap- proval, evidenced by lormal certification by the U.S. Department of Labor, Employment and Training Administration The ratio of trainees to journeymen on the jOb site shall not be greater than permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminis- tration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program, the con- tractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (III) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFA Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contrac- tor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained In subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require. and a copy of the applicable prevailing wage decision, and also a clause re- quiring 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 the contract clauses in this paragraph. 7. Contract termination; debarmenl A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- tract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are herein incorpo- rated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the De- partment of Labor set forth in 29 CFA Parts 5. 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor. or the employees or their repre- sentatives. 10. (I) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any per- son or firm who has an Interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFA 5.12(a)(1) or to be awarded HUD contracts or partiCipate in HUD programs pursuant to 24 CFR Part 24. (II) No part of this contract shall be subcontracted to any person or firm ineligible for award ot a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.. "Federal Housing Adminis- tration transactions", provides in part: "Whoever, for the purpose of. . influencing In any way the action of such Administration..... makes, uttdrs or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both,' 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis- charged or in any other manner discriminated against by the Con- tractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provi- sions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers' and "mechanics' include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shalf 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 40 hours in such work- week 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. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subpara- Previous edition Is obsolete Page 3 of 4 form HUD-4010 (07/2003) ref. Handbook 1344.1 graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable tor the unpaid wages. In addi- tion, 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 ot the clause set forth in subparagraph (1) of this paragraph, in the sum ot $10 for each calendar day on which such individual was required or permit- ted to work in excess of the standard workweek ot 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph (3) Wlthholdtng for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative ot the Department of La- bor 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 contract, 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 necesSHry to satisfy any liabilities of such con- tractor or subcontractor to - unpaid wages and liquidated damages as provided in the clauSEt set forth in subparagraph (2) of this paragraph (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the sub- contractors 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 subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are ap- plicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surround- ings or under working conditions which are unsanitary. hazard- ous, or dangerous to his health and safety as determined under construction satety and health standards promulgated by the Sec- retary ot Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in Imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act. 40 USC 3701 et seQ. (3) The Contractor shall include the provisions of this para- graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous edition Is obsolete form HUD-4010 (07/2003) ref. Handbook 1344.1 Page 4 of 4 Field Requirements and Project Sign FIELD REQUIREMENTS The Following Federal Forms and Publications shall be posted in a visible place at the jobsite during all construction duration: 1 POSTERS · WH Publication 1321: Davis Bacon Poster · Prevailing Wage Rates · HUD Form 4010: Federal Labor Standards · Section 3 Notice: Opportunities for low and Very-Low Income People · Executive Order 11246: Equal Employment Opportunity · Affirmative Action Plan: Use of Low Income, Minority and Women 2. CDSG HOME SIGN · Sign as per contract SPecifications shall be placed where visibility is not hindered . Final selection of sign location site at construction field can be done at Pre-construction Meeting. NOTICE .TO ALL EMPLOYEES 'Working on Federal or Federally ..Financed Construction Projects v1INIMUM WAGES JVERTIME You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are NO exceptions. APPRENTICES Apprentice rates apply on'y to apprentices properly registered under approved Federal or State apprenticeship programs. t :>PER .AY If you do not receive proper pay, contact the Contracting Officer listed below: Or you may contact the nearest office of Wage and Hour Division, U.S. Department of labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under: Department of labor Employment Standards Administration. led March 2004 ~ublication 1321 U.s. Department of Labor Employment Standards Administration Wage and Hour Division -.--..----- ---.-- SECTION 3 NOTICE f:MPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH HUn ASSISTED PROJECTS This project is covered by the provisions of Section 3 ofthe Housing and Urban Development Act of 1968, as amended. TO TIIE MAXIMUM EXTENT FEASIBLE, OPPORTUNITIES FOR TRAINING AND JOBS ARISING IN CONNECTION WITH HUn-ASSISTED PROJECT, WILL BE GIVEN TO LOWER INCOME RESIDENTS OF THE PROJECT AREA. TO TIIE MAXIMUM EXTENT FEASIBLE, WE WILL UTILIZE ~MALL BUSINESS CONCERNS LOCATED IN, OR SUSTANTIALLY OWNED BY, RESIDENTS OF THE PROJECT AREA, IN TIIE AWARD OF CONTRACTS AND PURCHASE OF SERVICES AND SUPPLIES. ' Any lower income resident seeking training or employment or any other business concern located in or substantially owned by persons residing in the project area seeking contract opportunities who alleges noncompliance, may file a grievance: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAN ANTONIO, TEXAS OFFICE 106 South St. Mary St. , Suite 502 San Antonio, TX 78205 (210) 475-6806 . ... e"I' " "" . rJ'. '"' .. Red BadqJround White Background Blue BackgrOund PROJECT NAME White letters Project Address I City of 00Ipus ChrIsti r unity Development Btock Grant Program I nt of Housing & Urban Development I Black letters CDBG Uods: Total p ect Cost: t3n or: ~ : hone umber: ArohIteot: Address: Phone Number: White Letters ....J locate s,gn where it Is most visible to the public. Sign Is made from a 4' x 8' sheet of 3/4" plyWood. Sign is mounted on (2) 4" x 4" x 8' treated posts (min. bury = 2' -0"). .. Davis-Bacon Act Davis-Bacon Act [Public -- No. 403-74th Congress] [S.3303] AN ACT To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public building of the United States and the District of Columbia by contractors or subcontractors, and for other purposes," approved March 3, 1931, Is amended to read as follows: "That the advertised specifications for every contract In excess of $2,000, to which the United States or the DIstrict of Columbia Is a party, for construction, alteration, and/or repair, Including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or Involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding dasses of laborers and mechanics employed on projects of a character similar to the contract work In the city, town, village, or other dvll subdivision of the State In which the work Is to be performed, or In the District of Columbia If the work Is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the sIte of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated In the advertised spedflcatlons,regardless of any Contractual relationship which may be alleged to exIst between the contractor or subcontractor and such labOrers and mechanics, and that the scale of wages to be paid shall be posted by the contractor In a prominent and easliy accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be conSidered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages receIved by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. "Sec.2. Every contract within the scope of this Act shall contain the further prOVision that In the event It Is found by the contracting officer that any laborer or mechanic ernployed by the c;:ontractor or any subcontractor directly on the site of the work covered by the contract has been or Is being paId a rate of wages less than the rate of wages required by the contract to' be paid as aforesaid, the Government may, by written notice to the contractor, termlnate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. "Sec. 3. (a) The Comptroller General of the United States Is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to this Act; and the Cornptroller General of the United States Is further authorized and Is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list contaIning the names of such persons or firms. "(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are Insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall have the right of action and/or of Intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and In such proceedings It shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. "Sec. 4. This Act shall not be construed to supersede or Impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. "Sec. 5. This Act shall take effect thirty days after Its passage, but shall not affect any contract then existing or any contract that may thereafter be entered Into pursuant to Invitations for bids that are outstanding at the time of the passage of this Act. .Sec. 6. In the event of a national emergency the President Is authorized to suspend the provisions of this Act. "Sec. 7. The funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 (Public Resolution Nurnbered 11, 74th Congress), are hereby made available' for the fiscal year ending June 30, 1936, to the Department of Labor for expenses of the administration of this Act. n Approved, August ~O, 1935. AMENDMENT AN ACT To require the payment of prevailing rates of wages on Federal publ/c works In Alaska and HawaII. Be It enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 1 of the Act entitled "An Act relat!ng to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes," approved March 3, 1931 (46 Stat. 1494), as amended, IS.further amended by striking out the words .States of the Union or the District of Columbia" and Inserting In lieu thereof : .States of the Union, the Territory of Alaska, the Territory of HawaII, or the District of Cotumbia";and by striking out the words "or other dvll subdivision of the State" and Inserting In lieu thereof "or other civil subdivision of the State, or the Territory of Alaska or the Territory of HawaII". Sec 2. The amendments made by this Act shall take effect on the thirtieth day after the date of enactment of this Act, but shall not affect any contract In existence on such effective date of made thereafter pursuant to In'lftatlons for bids outstanding on the date of enactment of this Act. Approved, June 15, 1940. r 40 U.S. Code, sec. 276a-7] The fact that any contract authorized by any Act Is entered Into without regard to section 5 of Title 41, or upon a cost-plus-a-flxed-fee basis or otherwise without advertisIng for proposals, shall not be construed to render Inapplicable the provIsions of sections 276a to 276a-S of this title, If such Act would otherwise be applicable to such contract. March 23, 1941, 12 noon, ch. 26, 5S Stat. 53; Aug. 21, 1941, ch. 395, 5S Stat. 6S8. AMENDMENT July 2, 1964 AN ACT To amend the prevaUing wage section of the Davis-Bacon Act, as amended; and related sections of the Federal Airport Act, as amended; and the NatIonal Housing Act as amended Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 1 of the Act of March 3, 1931, as amended (46 Stat. 1494, as arnended; 40 U.S.C. 276a), Is hereby amended by designating the language of the present section as subsection (a) and by adding at the end thereof the foUowlng new subsection (b); IOCb) As used In this Act the term 'wages', 'scale of wages', 'wage rates', 'minimum wages' , and . prevailing wages' shall Indude _ .(1) the basic hourly rate of pay; and .(2) the arnount of - (A) the rate of contribution Irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or prograrn; and (B) the rate of costs to the contractor or subcontractor which may be reasonably antldpated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a f1nandally responsible plan or program which was communicated In writing to the laborers and mechanics affected, for rnedlcal or hospital care, pensions on retirement or death, compensation for injuries or illness resulting frorn occupational activity, or Insurance to proVide any of the foregoing, for unemployment benefits, Ufe Insurance, dlsabUity and sickness Insurance, or acctdent Insurance, for vacatlon and holiday pay, for defraying costs of apprenticeship or otfier slmrlar programs, or for other bon~flde fringe benefits, but only where the contractor or subcontractor Is not required by other Federal, State, or local law to provide any of such benefits: proVided that the obligation of a <:ontractor or subcontractor to make payment In accordance with the prevailing wage determination of the Secretary of Labor, Insofar as this Act and other Acts Incorporating this Act by reference are concerned may be discharged by the making of payments In cash, by the making of contributions of a type referred to In paragraph (2)(A), or by the assumption of an enforceable commltrnent to bear the costs of a plan or program of a type referred to In paragraph (2)(B), or any combination thereof, where the aggregate of any such payrnents, contributions, and costs Is not less than the rate o{pay described In paragraph (1) plus the amount referred to In paragraph (2). lOIn determining the overtime pay to which the laborer or mechanic Is entitled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation Is cornputed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs Incurred wIth resPect to him exceeds the prevailing wage applicable to him under this Act, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually Incurred with respect to him, the amount of contributIons or costs of the types described In paragraph (2) actually Incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount Is the greater." See. 2. Section 15(b) of the Federal Airport Act, as amended (60 Stat. 178, as amended; 49 U.S.C. 1114(b)) Is hereby amended by Inserting the words "In accordance with the Davls- Bacon Act. as amended (40 U.S.c. 276a- 276a-5)" after the words "Secretary of Labor,". See. 3. Section 212(a) of the National Housing Act, as amended (53 Stat. 208, as amendedi 12 U.S.C. 1715 (c)), Is hereby amended by Inserting the words "In accordance with the Davis-Bacon Act, as amended (40 U.S.c. 276a . - 276a-5)," after the words "Secretary of Labor,". Sec 4. The amendments made by this Act shall take effect on the ninetieth day after the date of enactment of this Act, but shall not affect any contract In existence on such effective date or made thereafter pursuant to InvItations for bids outstanding on such effective date and the rate of payments specified by section 1(b)(2) of the Act of March 3, 1931, as amended by this Act, shall, durfng a period of two . hundred and seventy days after such effective date, become effective only In those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practIcable to make such rates of payments fully effective, shall by rule or regulation provide. . SAMPLE of Prevailing Wage Rates 1~ age lot j Sta'.. T0Xc ft..~,;. ~1. ~[ ~. \,1 'k \ ~~~J ~ Bu.; IJl;,,~ ~ns ~IIC.j,'",J ~('o ~ e.. c ts. ~.' ft.".,~ "'.,,29 '-'.,,1'.. '.. .;;I..IS. TRUGliO. ~~'^~~ ~;~Uft'"' II. , W. \<:~ "'I~ ~ ' 1;' "". 0'1 GENERAL DEUS I ON: TX20030063 12 U4 0004 TX63 Dat~ December 24, 2004 Geopral Decislon Number: TX20030063 12/2412004 Superseded ~enpral DeriSlon Number: TX020063 COll.'.'ructicrl Iypes: BU1ldlng ':;OLl'tles Nue,es ane: San Pat iel< Ccunt ies in Texas. BUILDING CONSTRUCTION PROJECTS (does not inClude residential construction consisting of s1ngle family homes and apartments up t and including 4 stories) Modlflcatlon Number (; Pub11catJ on Date 06/13/2003 02/13/2004 OS/28/2004 12/:'4/2004 . BRTXOOOI-OO~ 07/01/2004 Rates FrInges Br 1 cklayer . . ...:;; 17.95 5.20 --- ---- ---- ------ --- -------- --------- ----------- ELEC0278-001 09/01/2003 Rates Fringes Electrician. ...$ 17.25 5.28 IRON0066-002 Oli01/2003 ---------------------- Rates Fringes Ironworker. . ...$ 16.10 4. 65 ---- --------- -------------- --- -- --------------------------- PAINI008-002 07/01/2002 Rates Fringes Painter... . ...$ 12.50 1. 30 ---..-------- - ----------- SUTX1987-002 03/01/1987 ---------------------------------- Carpenter. .. .....,. Cement Mason/Finisher... Laborer. . . . .. ,......... Mason Tender... ......... Plumbers and Pipefitters {Including HVAC)........ Power equipment operators: Backhoe. .. ........,..... Roo fer. . .. .. . . . . . . . .. ... Truck Driver..,.......,..... Rates Fringes c 9.96 ,. .,. . . . $ 12.50 ...$ 5.56 . . . $ 7.14 .. . $ 10.05 .. . $ 7.84 . . $ 9.20 . . . $ 7.50 ----- --------- ------------------------------------------------ WELDERS - Receive rate prescribed for craft performing operation to which welding is Incidental. =:=======~====================================================== http://frwebgate.access.gpo.gOV I cgi-bin/ getdoc. Cgi ?dbname=Davis-Bacon&docid=TX2003... (ill 0/100'\ UnlIsted classifications needed for work not included within the scope of the classifica~ions lIsted may be added after award only as provided in the labor standards contract clauses (2 9(' fR 5. '" (i'J ( 1 ) (i 1 ) ) . ~;"~} In De 11S111' J above, the ":;U" designatIon means that rat' ~~ . ~;~;}. ,\ ' ~, lIsted under the identifIer do not reflect COllectIvely ~ bargained wage and fringe benefit rates. Other deSIgnatio . indl=ate unicns whose rates have been determined to be pre'JaIling WAGE DETERMINATJON APPEALS PROCESS 1.) be: Has there been an Initial decision in the matter? This can * an existing publIshed wage determination d survey underlying a wage determination G Wage and Hour Division letter setting forth a position on d wage determination matter ~ conformance (additiona] classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. [f the response from this initial contact is not satisfactory, then the process described in 2.) and '.j should be followed. With regard to any other matter not yet rIpe for the formal process described here, initIal contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR P~rt 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the deCIsion of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write tQ: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. \~~~ " -~:::~ ~:~>~,.~<~~~ l '\;~'~,\, page 2 ot J .....-c..,,-: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi ?dbname=Davis-Bacon&docid=TX?001 F./1 ()/'1()(), WashIngton DC 2021 4. I All decisions by the Adnnnistrative Review Board are final. --------------------.-------- --- --------------------------------- ----------------------------- --- -------------------------------- END OF GENERAL DECISION . ' c-';',f& ;.~...~'\ \" " ,-M ~:l",l ',r '\;' IF' ';: t~ ':~ ;:;~ ~~'li~" \(~, "i.-.'- -~(. \~:~ 'i~'f.'~ ~~.1:;; " Page 3 of 3 htto:/ /frwebgate.access.lmO.l!Ov/Cl!i-bin/l!etdoc.cl!i ?dbname=Davis-Bacon&docid=TX?001 r../l0/">ont: GENERAL DECIS10N: TX20030122 02125/2005 TX122 Date February 25, 2005 General Decisj()n Number: TX20030122 02/25/2005 Sta e Texas Construction Types: Heavy a~ j Hiqhway page 1 of 3 I I \ () l' S ~V{ tl'J ,J N" hvJo.~ V ~D~~~~ . Cou::ties: Nuees, San Patrie ,0 and Victoria Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, bUilding structures in lest area proJects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other maj r bridges) . Modltication Number \) Publlcation Date 01/z8/2005 02/18/2005 02/25/2005 Asphalt Distributor Operator...$ Asphalt paving machine operatorS Asphalt Raker........ ...$ Bulldozer operator..... .. ....$ Carpenter... ............. ....$ Concrete Finisher, Paving. .. ..$ Concrete Finisher, Structures..$ Concrete Rubber........ ... ....$ Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator. . . . . . . . . . . .. " . . . S Flagger. . . . . . . . . . . . . . . . . . .. ... S Form BUilder/Setter, Structures$ Form Setter, Paving & Curb. ...$ Foundation Drill Operator, Truck Mounted......... ..... ...s Front End Loader Operator.. . ..$ Laborer, common......... .. ...$ Laborer, Utility.. ...$ Mechanic. . . . . . . . .. ............ $ Motor Grader Operator, fine Grade. . . . . .. .............. '" S Motor Grader Operator, Rough...S Pipelayer......... .. ...... ...$ Roller Operator, Pneumatic, Self-Propelled............. ...~~ 2.57 Roller Operator, Steel Wheel, Flat Wheel/Tamping..... .... ...$ 8.57 Roller Operator, Steel Wheel, Plant Mix Pavement......... ...$ Scraper Operator........... ,..$ Servicer. . . . . . . . . . . . . . " .. ... $ Structural Steel Worker.... ...$ Truck driver, lowboy-Float. ...$ Truck driver, Single Axle, Heavy. . . " . . . . . . . . . . . . . . . . .. . . $ 11.39 Truck driver, Single Axle, Light. . . . . . . . . . . . . . . . . " .. '" $ 9,00 Truck Driver, Tandem Axle, Semi-Trailer. ............. ..$ 9.39 SUTX2005-007 11/09/2004 Pates Fringes http://frwebgate.access.gpo.f!.OV /cgi-bin/getdoc .Cgi ?dbname=Davis-Bacon&docid=TX?OO~ 12.42 11.57 9.36 10.90 10.71 12.18 11.16 10.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.55 ~! .17 11.47 9.65 0.00 0.00 0.00 0.00 15.32 10.05 8.35 9.09 13.17 0.00 0.00 0.00 0.00 0.00 13.78 15.00 9.00 0.00 0.00 0.00 u.oo 0.00 9.49 9.67 10.75 14.00 14 .15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . \\i~1, ~'\7i\;~"\ . '" ~('lt. (,.;,;:,1; ."" 'lo'I\ '~rrr" .~ '" , J~'.';?''f~( ~~~ ~~~~:Z,:,:.~. 1~) ~~).~.~<< tri"t\"~~~t0~~, ~ ,,.~' \l.'" i\...~' ,. ~ Ml ()/'){)f\~ l'age 2 elf J W;c'~der.. $ 18.00 Work Zone Barricade Servicer.. $ 8.97 0.00 0.00 ----------------------- WELDERS ReceIve rate presclibed for craft performing operatIon to which welding is incidental. ---~'------------------------,----,------------------------ _.__..... ,.- ~----- -----------.---- ------.,...-----.. ------------ -------------- Unllsted clasSificatIons needed for work not included within the scope of the classificatlons listed may be added after award only as provided in th0 labor standards contract clauses (2 c;C F'R 5 5 a (1) ! 1 J 1 I In the listlny above, the "Si}" designation means thaL listed under the identifier do not reflect collecti bargained wage and fringe benefit rates. Other desi " indicate unions whose rates have been determined to b~ prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initia declsion in the matter? This can be: * an existing published wag~ determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling * On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satiSfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. WaShington, DC 20210 2.) :::f the answer to the question In 1.) lS yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. http://frwebgate.accesS.lroO.l!OV /Cl!i-bin/ l!etdoc .cl!i?dbname=Davis-B acon&docid=TX?OOi h/l (\ /') 00, l.) : I the deoIsion 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 2021( 4.) jd} deCIsions by the AdmJ nist rat 1 ve Review Board are final. . -"------_..._."---- ---~--------- ~ --. ---- ._._-~ ----..--.....- ----------_._----~._---- -------- ------.---------- -------------------------.----------- END OF GENERAL DECISION http://frwebgate.access.gpo.gov Icgi-bin/ getdOC.ClZi?dbname=Davis-Bacon&cio{'.irl='T'Y"O(\'1 Page 3 01'3 .~ ~... r::./l f\/"\r\f\r H U D-l1 FORM (TO BE COMPLETED BY CONSULTANT AlE OR CONSTRUCTION OBSERVATION PERSONNEL) for use when conducting Contractor-Employee Interviews ~ecord of _mployee Interview U.S. Department of Housing and Urban Development Office of Labor Relations OMS Approval No. 2501-0009 (exp. 08/31/2007) Public reporting bulden for #lis collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, f1ering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete · form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standalds by recording interviews with __IStruction WOliIers. The information collected will assist HUD in the conduct of compliance monitoring; the infunnation will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive Infonnatlon The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that lhese nlCOrds be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected -tinst any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment. inconvenience, or unfaimess to any individual on whom the ! ,rmation is maintained The Information collected herein Is voluntary, and any Information provided shall be kept confidential _.._---._..~ 1a Project Name T.-----.----.-----.~-.-..-------- , 2a. Employee Name PrOject Number , r~' Employee Phone Number(including area code) ..~ 2c. Employee Home Address & Zip Code - -Contractor or-Subcontractor-(EmpJoyer)"- ;3-' it 2d. VerifICation of identification? Yes 0 No 0 How long on this 3b. Last date on this 3c. No. of hours last 4a. Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? , job before today? day on this job? Vacation Yes 0 NoD YesD No 0 Medical Yes 0 NoD Pension Yes 0 NoD 5 'our job c1assification(s) (list all) - continue on a separate sheet if necessary ) 'our duties · Tools or equipment Y N I. 'e you an apprentice or trainee? J. ~-e you paid for all hours wor1<:ed? 2,8. Employee Signature D 10. Are you paid at least time and 11. for all hours wor1<:ed in excess of 40 in a week? Y o D N o o 3. Duties observed by the Interviewer (Please be specific.) o ~. D~: Have you ever been threatened or coerced into giving up any part of your pay? !12b. Date 4. ,~emartQ; 5 Interviewer name (please print) 15b. Signature of Interviewer 15c. Date of Interview .....froll Examination 6. Remarks r. Signature of Payroll Examiner j17b. Date e 'us edltlons are obsolete Page I of2 fonn HUD-11 (0612004) Instructions ~neral This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers and mechanics lployed on projects subject to Federal prevailing wage requirements. Typically, the staff that will conduct on-site interviews and use this form :l HUD staff and fee construction inspectors, HUD Labor Relations staff, and local agency labor standards contract monitors. ,,,formation recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted by the I ;pective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement ; lions in the event of labor standards violations. The thoroughness and accuracy of the information gathered during interviews is crucial. !'i-fe that the H1terview itself and the mformation collected on the form HUD-11 are considered confidential. Interviews should be conducted i !ividually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer's request. ';..e employee's participation. however, is voluntary. Interviews shall be conducted in a manner and place that are conducive to the purposes of the Interview and that cause the least inconvenience to the employer(s) and the employee(s) ~ mpletinQ the form HUD-1j Items 1 a - 1 c Self-explanatory It ns 2a - 2d Enter the employee's full name, a telephone number where the employee can be reached, and the employee's home address. Many construction workers use a temporary address in the locality of the project and have a more permanent address elsewhere from which mail may be forwarded to them. Obtain a more permanent address, if available. Ask the employee for a form of identification (e.g., driver's Ii-- nse) to verify their name Items 3a - 4c. Enter the employee's responses. Ask the employee whether they have a pay stub with them; if so, determine whether the pay st!:!b is consistent with the information provided by the employee. it 1S 5 - 7: Be certain that the employee's responses are specific. For example, job classification (#5) must identify the trade involved (e.g., ~arpenter, Electrician, Plumber) - responses such as "journeyman" or "mechanic" are not helpful for our purposes. t, 15 8 - 12b Self-explanatory terns 13 -1Sc: These items represent some of the most important infonnation that can be gathered while conducting on-site interviews. >~se be specific about the duties you observed the employee pertonning. It maybe easiest to make these observations before initiating the n Mew. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was wof1dng with a crew, It 'many workers were in the crew? Was the employee evasive? .~ level of specificity that is warranted is directly related to the extent to which interview(s) or other observations indicate that there may be ,. ItionS present If interviews indicate that ther~ may be underpayments involving a particular trade(s), the interviewer is encouraged to 1. view as many workers in that trade(s) that are available. [(<0'"',5 16 - 17b: The infonnation on the form HUD-11 may be reviewed for general compliance. initially. For example, are the job dassification Ir wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties L~rved by the interviewer consistent with the job classification? )r> e the corresponding certified payroll reports are received, the infonnation on the HUD-11 shall be compared to the payroll reports. Any i: "epancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are a.cd, follow-up actions to resolve the discrepancies must be taken. e (1$ editions are obsolete Page 2 of2 form HUO..11 (0812004) PAY ROLL REPORT FORMS Authorization for Signature of Payrolls Name of Company2imrY'F:Y('('C\nC~truc\-tc)(\ CO ..J:(-x . , Project Name: ~n\C)r~ ~~(()f& City ~~~~~i~~ 4i I, \J\(' 'K l.i~yrY'(]r\ (contractor! employer) authorize . (\..\ \rey\ \\ 1\\10\ '_ to sign the payrolls for my employees who work at th~i()y (f:.~ IcY~O-e~~psproject. Sign~ Date Additional person(s) authorized for signatures of payrolls: Initia' ( ) Initial ( ) (03/04) Payroll Deduction Authorization This Is authorization to the ___ . ________ to deduct from my (-"'E~J paycheck $_ This is for item number(s): (circle item number(s)). Repayment of: 1. Loan 7. Credit Union 2. Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agendes 4. Savings 10. Insurance Premiums 5. Savings Bonds 11. Union Dues 6. UnlfOl1llS 12. *This deduction Is to be made: e TIme Only (Check appropriate box) DOn ~ Weekly . Bi-Weekly For Weeks Date: Empfoyee's Signature: Printed or Typed Name: Project Name: HUO Project Number: ________ 1~ 11 <( ci ~~ a. i1 " <II t> .. '0 " Cl ~:z; j~ {Sa t: ! ~~ .~~ .lQ ;~ -'" .. o o !l ~ o U .. & € ~!~~~ '" z c ~~ 1-0 g:g 0 7:. G .. oJ < ~ ~ (J '" 0 ~ 0 f: " .. ~ f ~~~ "'I- ~ 0 E &: ~~~ o~ €~ :; z ~ ~ ). g €.:!~:: ~ fi ~~ i i < f >- < ~ ~ :i Q I ~ ?( ! * ~ i 5~t; c '" 0 .. 0 .. 0 .. 0 .. 0 .. 0 ., 0 .. 0 .. o ... 0 .. ! z g ~ ~ I Ei "~ ~ 6 ~ I €~i~ ~ I ~ g ~~ j ~o ~ II ti ~ ~ ~ I! :t :: ~. ~ .5 t' ~ ~ E & c:: o -l:l (,) di 0- ~~ ~ .. co ~ :::J <<I ~ o 'l:l 8 ! ~ ~ I A-I u.s. Department of Labor Wage and HoW' Division u. STATEMENT OF COMPLIANCE Fonn Approved Budget Bureau No. 44-Rl()93 ~'-'-'-"'--~-'--"- '~"----- r,-_._ -----"'--._--~_.__._- - do hereby state: on the: ,.- that during the payroll penod conunencing on the_ day o~_, 19_ and ending the_day of --.., 19--. all persons employed on said projcx:t have been paid the full weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf on said ---- -- - ---- from the full week:Iy wages earned by any person and that no deductions have been made either (Coa~TorSWOCnn~r) - directly or indirectly from the full wages eamoo by any person. other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as Amendoo (48 Stat. 948,63 Stat. 108,72 Stat. 967; 76 Stat. 357; 40 U.S.c. 276c), and described below ---- _._...~----.- -- -..----------- ------. --- ---- ------- '---- (2) lbat any payrolls otherwise under this contract required to be submitted for the above period are corrcx:t and complete; that the wage rates for Iabonn or mechauics contained therein are not less than the applicable wage rates contained in any wage detSennination incorporated into the contract; -nat the classifications set forth therin for each laborer or mechanic conform iwht the work he performed. (3) That &DY IpIQIltices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprentice- ship ageucy recoguized by the Bureau of Apprmticesbip and Training, United States Department of Labor, or if no such recognized agency exists in a ":::tate, ~ registered with the Bureau of Apprenticeship and Training, United State Department of Labor. (4) lbat: (a> WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROORAMS Dill addition to the basic hourly wage rates paid to each laborer or mecbanic listed in the above referenced payroll payments of fringe benefits IS listed in the contract have been or will be made to appropriated programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITs ARE PAID IN CASH O Bach Laborer or mecbanic Iistedin.the above refq:enced payroll has been paid as indicated on the payroll. an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4( c) below. (c:) EXCEPTIONS .".,., ... EXCEPTIONS (CRAFI) I ~ -.... L --.- --- r .enwics ,... ... Name and TItle Signature ... 1 lwilfial &Js;~-olany of the ahem IlIbeuts may RIbject lie COIltrIIc:loI' Cluubcontractor 10 civJ1 of c:rimiuaJ prosecution. See section 1001 ottitJc ]8 and r Jon 231 ef title 31 oflhe United ~ ~. _ _ ~ ; '0 WH-348 (]/68) ~ Ibis fOdJl cIiRcIly iom IbC Supt. ofDoCuuir.Dls '--6 - e l- ~. _c Q.e .lL E- 8 .s at o ~ In E .0 u. <( o ~ ~ E 8 .cJ ::J (f) ... o o ~ ~ c 8 '0 ~ III Z ., ., e '0 ~ c o +:I g ...J '0 c CQ 1:) G> ~ n. ~ '6 c W .at: I ... .f m ci z ~ CQ Q.. ~~t~J2l o z 1) g 8 o u ., e- a. 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(I) C'O Z c 0.Ql i=CI) fbu u >< w II> € .E j u C IV ii lS tl ,g E c ~ 8 L- ., f € .8 c C'll - -j 11~ ., - s : 'tJ n - II: a II> c: :r: ~~(I) e & <S & i ~ ~ '0 Q ~~~ 5 CD w ~ ~ !!i ii 14 fn co -r- D = u: 1; ~ ~ S 14 W fi ~ : :z:, c ,(!) - f Z if if: .E II W 1.891 o C'll ~ ~ - .c L- o C'O '-' :3ea. -0 5 ~ iii .c II> a. .2 .oJ C II) U :: ~ ~ D ., C CI) :0 8 ~ ij ., p'fi.€ >.g..E C'll II> 't:l a. 6 J!! ~ '0 ~ C E :g ~ ::I n ~ II) li= f ~ ~ 411 - ., i) C Ll .Q co ., co € ~ 411 f) .... € .; ; .5 (5' ~ ~..5 ~ ~ 5 f U 0 ~ ~~ii~ 'fi i 1: 'i) 411 :J.o Epg8: ~~(Q~ ~0."6 .8 ., fi 1l tV€~C> ~fia.~ U B- tVjei W ..- ''fj&g .,06 ~ fd AGREEMENT THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT s entered into this 23RD day of AUGUST, 2005, by and b tween t ne CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, :J.e ing t h ruuo,j its dlL y author zed City Manager, termed in the C ntract Documents :is "City," and Zimmerman Construction Co., Inc. termed IT the Contr -lct Documents as "Contractor," upon these terms, r:q='r!ormab e ln Nuece CCdnty, Texas: Tn c nsideratio or he- payment f $171,000.00 by City and other et 19atior.s of City as set u herein, Contractor will construct and complete ertain imp ovements described as follows: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) - PROJECT NO. 3283 (TOTAL BASE BID: $171,000.00) ac ording to the a1 tached Plans and Specifications in a good and wcrkmanlike manner or the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, Laber and insurance as required by the attached Contract D'uments, incLuding )VerSeelcg the entire job. The Contract Documents lr lude th=-s J\greement, the bid proposal and instructions, plans and sOf"c::ificat lons, including all maps, plats, blueprints, and other drawings, the Perfoymance and Payment bonds, addenda, and related documents all of whicn constItute the contract for this project and are made a part hereof Agreement Page 1 0 f 2 SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) I II III IV -- Bid QTY " -- DESCRIPTION BID ITM EXTENSION It_ UNIT 1- 1 L.S. Consisting of all work at 7 project sites. as sbown and in accordance with the plans. t .0 specifications and contract documents; $ 1 I Ol'JO. ~ complete and in place per LUMP SUM. . . BASE BID TOTAL BASE BID (BID ITEM 1): $ I cO 1\ 000 .~X- . ADDITIVE ALTERNATE BID #1 I Bid Itea Ai. II QTY " UNIT 1 L.S. III DBSCRIPTION BID Consists or parking lot improvements at Oveal Williams Senior Center; Greenwood Senior Center; Zavala Senior Center; and Ethel Eyerly Senior Center; complete and in place per LUMP SUM. TOTAL ADDITIVE ALTERNATE BID #1 (BID ITEM AI) ADDITIVE ALTERNATE I Bid Item A2. II QTY& UNIT 1 L.S. III DESCRIPTION IV BID ITM EXTENSION Consists of new entry Greenwood Senior Center; window a fascia repairs, facade 1lIIprovements ter; complete and in $ -'1 tUJ I G,3o.~)< TOTAL ADDITIVE I ~ 310. f.!r>c~ BID #3 I Bid Itea A3. III DESCRIPTION IV BID ITM EXTBNSION Consists of a new French drain system and exterior siding replaceaent at Lindale Senior Center; new Frencb drain system at Greenwood Senior Center; and repair and replace rOOfing and roof curbs at Ethel Eyerly Senior center; complete and in place per LUMP SUM. $ I Lj ~':t: ~ I "", TOTAL ADDITIVE ALTERNATE BID #3 (BID ITEM A3): $ I J.t <0 ~~ , 0" ~'( PROPOSAL FORM PAGE ] OF 7 BID SUMMARY: TOTAL BASE BID: $ (Bid Item 1) e'l I , \ I"~ 0 . - $ TOTAL BASE BID + ADDITIVE BID AL ADDITIVE BID ALTE (Bid Item 1 pI "d : $ 2"~~ <-~o. .! A1 plus Bid Iteai A2) TOTAL ADDITIVE D ALTERNATE '1 + ADDIT BID ALTERNATE '2 + AD IVE BID ALTERNATE '3: $ ;z.. ~ .., 75\$.. 6.! "d Item 1 plus Bid Item A1 plus Bid Item 1\2 plus Bid Item A3) PROPOSAL FORM PAGE 4 OF 7 The ( ntractor wLIl commence work within ten (10) calendar days from de. thEY lecelVE~Nr tten V!(HK order and will complete same within 150 CALENDAR DAYS 3fte~^ on~tr uct 1 n is begun. Should Contractor default, trac:toi may oe 1 able for l iquida t ed damage s as set forth in the C t. rac::1 I-c'cument s , C' i t Y ,^Jill pa Cmt a t r Ln current funds for performance of the cc' cract n 3ccordancentr: the Contract Documents as the work pr Clresse~ S igneo 1 n --L :)ar~ sat Corpus Christi, Texas on the date shown at ve. ATTES~ () ({2 vJn~~ l- Cj'-y Secretary ,oF' CITY OF CORPUS CHRISTI By:~~O(n(oS"' Ronald F. Massey, Asst. Clty gr. of Public Works and Utilities By: Ass /O/lw~ By: j:,yf.l: ~/~ /c/J9-/~~ Ange~R.'Escobar, P.E. ' Direftor of Englneerlng Servlces APP CONTRACTOR y---'''' , Construction Co. Inc. Title: (Note: If Perso for cozporation is t Presiden t T attach copy of authorization to aign) P.O. BOX 366 (Address) BURNET, TX 78611 (City) (State) (Zip) 512/756-8499 * 512/756-8315 (Phone) (Fax) ~1 !&~s..:Jo.~ >l'TOV.,.; .'~( -~41. _...lQ.Jl:?{o>: Agreement Page 2 of 2 .. -:.~1,;..... _ _ _ " .AT'" ,I, ..., ..... ........ . L l-- ;~f(~~r; ;j,1" (2r PRO P 0 S A L FORM FOR SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 7 PROPOSAL Place: SENIOR CENTER IMPROVEMENTS PROJECT CITY OF CORPUS CHRISTI, TEXAS Da t e : AUGUST 10, 2005 Proposal of ZIMMERMAN CONSTRUCTION CO., INC. a Corporation organized and existing under the laws of the State of TEXAS OR a Partnership or Individual doing business as -.------ ._~_._..~_._--- TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: PROPOSAL FORM PAGE 2 OF 7 SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) I II III IV Bid OTY & DESCRIPTION BID ITM EXTENSION It_ UlUT 1. 1 L.S. Consisting of a11 work at 7 project sites, as sboWQ and in accordance with the plans, .0 specifications and contract documents; $ (, , fJfJO ~ complete and in place per LUMP SUM. , BASE BID TOTAL BASE BID (BID ITEM 1): $ DC> ill OOO.~k. . ADDITIVE ALTERNATE BID #1 I Bid I tea At. II QTY & UNIT 1 L.S. III DBSCRIPTION BID Consista of parlt.1ng 10t ilIIprovelMtllts at OveaJ. N1111aas Senior Center; Greenwood Senior Center; Zavala Senior Center; and Ethel Byer1y Senior Center; comp1ete and in p1ace $ per LVHP SUM. TOTAL ADDITIVE ALTBRNATE ADDITIVE ALTERNATE I Bid Itelll A2. II OTY & UlUT 1 L.S. IV BID ITM EXTENSION Consists of new Greenwood Senior a fascia repairs, facade iJlproveaents ter; c~lete and in $ -1 tn!J I '-3o.~l<" . .. 7~30. -r'lC~ BID #3 I Bid It_ A3. III DESCRIPTION IV BID ITM EXTBNSION Consists of a new French drain systea and exterior siding rep1acement at Linda1e Senior Center; new French drain systeDI at Greenwood Senior Center; .and repair and rep1ace roofing and roof curbs at Ethel Eyerly Senior Center; complete and in place per LUMP SUM. $ > d0- I If, lI~T ~ .....,.-., TOTAL ADDITIVE ALTERNATE BID #3 (BID ITEM A3): $ It{ CD6.G , O. ~" PROPOSAL FORM PAGE 3 OF 7 BID SUMMARY: TOTAL BASE BID: $ (Bid Item 1) o. I' \ .DtJO.- . TOTAL BASE BID + ADDITIVE BID ALTERNATE #1: $ (Bid Item 1 plus Bid Item Al) : $ ~-~~ <.30. .! Al plus Bid Iteui A2) TOTAL BASE + ADDITIVE ID ALTERNATE #1 + ADD IT BID ALTERNATE '2 + AD IVE BID ALTERNATE '3: $ A fI>'" .2..c\S~ tio! . d Item 1 plus Bid Item A1 plus Bid Item A2 plus Bid Item A3) PROPOSAL FORM PAGE 4 OF 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are tn any sense a warranty but are mere estimates for the guidance of the Contractor_ Upon notitication of award of contract, we will within ten \.10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the e,!,ent the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minori ty lHi.nori ty Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms [larticipating in the cont ract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds wi 11 be prepared in not less than four counterpart (ori'ginal signed) sets. Time of Comp1etion: The undersigned agrees to complete the work within 150 ca1endar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. number) : Receipt of the following addenda is #1 07/29/05 ~_~ <B .~. 0&- .-:il- ~ acknowledged (addenda 8~<).0r- .SEAL - IV BIDDER IS a Corporation) CO., INC. ""--' (Street) 78611 (Zip) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers (Revised August 2000) PROPOSAL FORM PAGE 5 OF 7 PAYMZN~ BOND S!rAD OJ' 'DDS S DOlI' ALL BY TRESE PUSBlftS: Bond #2165992 COUHft' OF troBCBS S THAT !oi--Daaft C:ol1lb:uctioD Co.. lac. of BYJUU't County, Texas, hereinafter called "Principal", and Tnnl'>pE'nnen('1'> rQ<:II"l+y ynrl <:'lr8tj' eli., a corporation organized under the law~ of the State of exas , and duly authorized to do business in the State of Te"as, hereinafter called "Surety", are held and firmly bound l1nto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and material s in prosecution of the work referred to in the attached contract, in the penal sum of OHB BDHDRBD S~!-oMm THOUsaND AND RO/IOO ($111.000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, tor the payment ot which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and succeS9or5, jointly and severally, firmly by the~e presents: !'11m CONDI!'IION 01' nIS OBLlQA1'IOJI I9 streB 'J!'1IA1': Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 23RD day AUGUST , 20~, a copy of which is hereto attached and made a part hereof, for the construction of: SDIOR CBNDR DIPROVI:IID'TS PROJB:Cr 2004-2005 (CDBG) - P.ROJZCT RO. 3283 (TOTAL BASS BID: $171,000.00) BOW, ~roRB, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and. claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly walved, then this obligation shall be void; otherwise to remain in full force and eftec~. PRDVT.DKD raa~BZR, that if any legal action be filed upon this bond, venue shall lie in Nuece~ 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 perfo~ed thereunder, or the plans, specitications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work .to be performed thereunder. Payment Bond I?age 1 of 2 This bond is given to meet the requirements of Artic::le 5160, vernon's Civil Statute8 of Tex~e, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material I', 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 matter~ ari~ing out of such suretyship, as provided by Art. ; ,19-1, Vernon IS Taxas Insurance Code. DY W1~SS WBERlOF, this instrument is executed in 4 copies, each one of which shall be deemed an ori9inal, this the 23ra-- day of Auqust I 2dJ~ PlUHCIPAL Co. Inc. c..-- PRESIDENT I- -- stJU'!Y Independenc d Surety Company Att ey-in-fact Julie r~olinare (pr1.nt Name) !'he ....:t.deAt ~t 01 ta. S1.u:'.~ .izz Ha.ecelll CouIIt:y. 2'ex.., :o~ .~:i.veq o~ Do't1.ee ami ..rvia. of pro"... ~.: AgeI2CY: Swantner & Gordon Insurance Ccmtact Per.on: ~1ilrv Ell en Moore ~...: P.O. Box 870 Corpus Chri sti, Texas 78403 (361) 883-1711 .PJaoa. Jfaabez- r !r~f~edD~782ff Payment Bond must not be prior to date of contract I PaymQot Bond Page 2 of 2 LC.W. GROlP Insurance Company of The West The Explorer Insurance (ompam Independence Casualty and Suretv Company 1 :..55 El Canuno Real. Sm Diego. CA 9~ 1,0-20..5 PO BO\ 85563. San Diego. CA 92186-55(1) (8581 ,5(i.2400 FAX (858) 50-2~fl-; \\ W\\ iC\\ group com Bond Number 2165992 Terrorism Risk Rider Ihis nder addresses the requirements of the T trron sm Risk Insurance Act of 2002 In accordance With the above -\ct \\-e are providing tlm dIsclosure notIce for all bonds on which one ur more of the ahove ! dent I fied companies 1 s a surety Coverage for eer1ltied ac:s of terronsrn IS lDeluded In the attached bond and will be partially reImbursed by the L'nItec States under a formula established by the Act The United States will pa\ 900 n of Ci)vered terrOrIsm losses In excess of a statutory established deductible to the Insurance company issuir:',( the bond In nu v..ilV Viti! the payment fur IllSS on this bond exceed the limn of liability under this bond ThiS rider does not provide coverage for any loss that would othef\vise be excluded by the terms of thIS bond The portIon of the premIum, fix thiS bond. attnbutable to coverage for certified acts of terrorism under the Act is One 001 I aLl$ IQO) Important "Iotice: The cost of terrorism coverage is subject to change on any bond that premium is charged annllally. Principal: Zimmerman Construction Co., Inc. Project: Senior Center Improvements Project 6 2004-2005 Bid Date: Contract Date: August 23, 2005 'lio. 0004357 '" Nt ),\ 1 ,pi. IC\\ (;ROI I' I',mer of Attorn.'~ losorallct' COlllpao' of tit., \\ .'sl II". I 'plo...r II"" ra II e'" (."nl"llI~ Indt'Jlt'lldeo.'t' ('asualt) and Surety Company i rvll N i {) IIILSI 1'/(1 SL \! " 1 It hN 1:lIlc', "'''''PII'' "I' the \\ c'Sf. :I t "'pOr:lI'OII dul\ 11I."ullzed under the laws of the State of Califomia. '11,e "l' lifnlh't': i HF' Ii1Y_ :1 ( \ liTll!;\: Inl~ iul', \1);:1111 ,\..'~lllldt'l 11"\ -; nf lilt, Sl:llt' () \rl/l)1),l. ;md Inder\Clldence Casualty' and Surety Conlpany, a Corporation '\'d li'Hk' lh\ s d1't/L_' '1:\1'..' I It', (,,'Ill \',_"(1\ .1\ !\'It.T! III :IS tlH' \ prlll'inl!..:':';"I, d(\ herel'\lppoint j 1\. ~ \IAR!\" '\E ( . ('ER\CI \\ II 1.1/\ \1 II, I'll..... JR. '\OR:\1\ '\ 1'. ROllI"(.. WESI EY :\1. PillS, JOHN E. ALFORD, .Inn:... t) "CII'EI.1. ))\R\ II \\ \l\RTI'\."') E\ 1'\ \\. SE\RCE\. ,JlILlF: MOLll'ARE ;('11 tl!U 1:. ,,,-hi ,'", " i-le:.vl S j-ll -1-;1(' \\ , " all "11)r11\ " (bl~' ,-' \ ('..' I ~ t ~ ':Id " I. l,lllLen i..~U' 'tra\ ')1' surd :--hll'. :11l\ ,jatl'd ',\lh-l 1Il'["I1-- ",1~11. ~l'al, ami d,'i I \ er \ III hellal f ot Ill_l' Companies. tidelity and surety bonds, undertakings, \\ r'lt>~ \.\:, i~'oL !he ;HnpaJil ~ h;j 'C;lil:-,'j lb.. :-.c' PI'i..>~l'11h to he i..'\.l'l..'llh'd Ih duh JlltlHlrJZl'd officers thIS 16th day of January. 2001. ,M~ll,i, <!o \~SUJ9.., ~_,_floJJ-' \\{ Ii;" Q:~ oVtflOf!i4)' ..,..<:" ~. 0\' ~ o (, ,,' fC' Z .... SEAL .' a- n ',;;0 ,. ;""'; ~"1='. 0,'" 0 <- <'O.A ~ ~ f "'''J ....." '>'/ H)j\;.; r.f\'1 ,- I'liSURA'liCE COMPANY OF THE WEST THE EXPLORER INSURA:\CE COMPANY I'\DEPE'Ii()ENCE CASl!ALTY AND SURETY COMP \'liY .(~J:h:;~. t-, '''.'''7 --- w;)j_ . .~~'-'-' '-"/ Illlm I Ilannum. Executive Vice President !\I ill ~ i 'ral~.'\-';";I..;t:;lll "-l.-en_' r\ tate ,dit\)IT.;:"l Ss \11.111 '-,:11) l.l;t;',l'l )n lh-."C(T:lbt,! 2lHH, i)et~\rt' 1l11'. M~l 1 It,' P<.''1''-';iL'; ,\'hu~e 1 ~ln1t", dl'C :.;uhscnhl'd 10 tllc \\ 1 ell- ;!'c '!\i!re~ on ir:....IIUn1f.nt" -he l'!'tll\ IIpOI ('llhl'. ~o'ar\ I'uhl'e 0 personal" appeared John I Hannum and John H. Craig, personally known to me to be 'Inn IIHnllnc'nc :1I1d :Jckllowledged Illllle that they executed the same in their authorized capacities, and that by heh<.II' ld'\\I1JI.'h 'lk !~lT.;;on:-; actt'lL l'\c(ijted the in.::trun1enl IV,tlles, my hand and official seal. I.'~' r,AARYCOBB I .;.' ....-. - r'"'~1M #" 321341 ~ . - V\....,'..., , I n U . ".. ~c;r.A"., PUBUC.._:A UfJP.'NIA Ul me SAN DlE.Ge '~OUN"'Y :1 " . , My Comm1Sl>l':'" Expres I I' SEPTEMBEr:.. 20 2005 ~ \_--fj '~_, {JtJ--b6 f>.brv ( "hh. '\Iotary PublIc RES( 11 1 liON" ;111:-\ ii, (,'1 n1' \ttonle~ >... granted ~lIld :~ ';;j,sned :-;eakc ~l11d 'l()t~jllh-,d \\lth tilc~imdl' SIFILllun:_'~ and seal:,; under authority of the following resolutions adopted by he res;"" ('ij '.(': Board" nt j )lrectors)! e~H:h p~ ,he onlp,11Iie~ 'RF SOl EI nlat tiit' Pn'skk'IlL E'\l:\.'lill\l 111" "'...:(1110)' Vice Prc:';idl'1l1 ".1' thl' ~ \)]11pany, t,\gether with the Secretary or any Assistant itereb::-- aUlIHJ1Tll'd :u e'" ClIll' I'll\\l'1'-' Ill' \t1ornl'Y appollltlllg till' pers\)]1(:-:l n3111ecl JS Atton1ey(s)-in-Fact to date, execute. sign, Oil hel:a! I ',);' llll' ('Ut~ nan}, lidel il \ :l11d >';(11'('( ~ hOllds, \llldcrt:d\l1lg~. :l1ld other sllllllar contracts of suretyship, and any related -....,eC,t.:l3r\ aJ 'eal omd del. lnc ~J :nt'n: ~ 101'(;; alh! et ,hUll u,..~(\-!',\'ill_ ',1;11l1S ol'tlll' ;lPP\)11111llenl >lpml\.', In~l} hl' l:k':,im: a~ If U;H)Ll~'lh ~dT!\ qaturv--; (II ofli\'l'r::--: l11aklllt-' 111(' appl1llltlllCllt. and the ';I,Slwtllre of any officer certifying the validity na\ h' t~j(,"1111,.' ,>.'pr,:sentat101h <,rlh.'", Slgllatures; and the Signature and seal of any notary, and the repn:-"CIlLttlUt"t'-, dlllhhe sign~~tllrt':.; ~Jl:lI ~e:lls. and such LIl'silnile representations shall have the SaIne I'll t;!I.> I 1 III 1...:' l..'I,]\..'sl'ntatinll" r-.:'k1T\.:d II) hercl11 m<.lY he affixed by stanlping, printing, typing, or f< E~'()L ., Fl' !! R Ifn K Il1a! ill" Hid dlnt'nt ,eal "I tli>.' ( (TXIII./( \11 th, 10 ,k'rSlglh.'d.\", ..',1111 <;eCIT!:Il\ ,-t h "uroil' 'e ("" Ipall\ ill 1110.' \\ '.'Sl. 'n1e I 'plorcl Ill"mlllet' ( 'ilmpall\, and Independence Casualty and Surety Company. do 'c'rer.\ \,:'ttfy that tile lUTgOll1~ 1\1\\t.'r \l( \ttOlIICY!'-' hJl! lill'll' .tlld l:'tfecL ;md 11,1"':' I\,\t hl'CllIT\oked. 'nit! that the 8hnve resolutions were duly adopted by the C'spcc Boar\.b 1.,!.Dl ,',,-t()r...; \)ft:le t 't"llll';il1ie', lllL!n'.'IHI\' !ll 111111()r,--'\> '''i \\ I ',fSS \\HI RI l h:IH'''';\'\ 11"'. !1:lild l' =' 3rd ,1:1\ "I August 2005 ~ lohn Ii ('nug. Assistant Secretary l '\) \.' ~ 1 he an j 4" Ihe alithe:Hlc' ,,!'thlS hr" ," (11 \lIc"" ,v \'(l1I ma\ ~.ill ,011-' n -I I I I :md ,'" Illr Ihe <;uretv I)" 1S1011 Please reter to the Power of Attomey Number, llamed ilhllvid;I:t!(S) ::111(.1 det~lIl~ ~lrthl' hund t\' ,\:111'-.11 tIll' Pll\\cl h alt:':Kht'd hI] Int~lr1ll:111()]) l)r ti1111t: clain1s. please contact Surety Clainls, ICW Group, nn11;';1 R,'aL DIC~l \,)~! ~()-::> ;45 \)1 :i1! i"'::;:--; t ~(L:.~nu. PIlRFORMABCS SOliD S'rATE or TEXAS S DOIf .au. BY TImSit PRZSBN'tS: COUlWl' 01' NUKCZS ~ Bond #2165992 ~T Z;mm.~D Construction C~. lac. of Bu~n.~ county, Texas, hereinafter called "Principal", and Independence Casualty and Suretv Co. , a corporation organized under the laws of the State of Texas and duly au~hor1zed ~o do busine~~ in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Chri8ti, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of 0lII: RmlDlUlD ~-01d HOUSAND AND BOJ10D ($171.000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presen~s: TBE CORDI'1'ION OF -rBIS OB:t.:tGATIOB IS SUCH 'fRAT; Whereas, thQ principal entered into a ceI"tain contract with the City of Corpus Chris~1, daLed the 23RD of AUGUST , 20~, a copy of which is hereto attached and made a part hereof, for the constIuction of: sailOR CBlfrD lllInOYBIIBlftS PltOJBC't 2004-2005 (CDBG) - PROJBCT NO. 3283 (TO~AL BASE BID: $171,000.00) HOW, TBBRZFORB, if the principal shall faith!ully perform said work ~n accordance with the plans, specification:s and contract documents, includ1ng any change~, extension~, or qua~antiee, and if the principal ~hall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obliqation shall be void; otherwise to remain in full force and effect. PROVIDSD FURTBBR, 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 nge, extension of time, alteration or addition to the terms of the tract, or to the work performed thereunder, or the plans, cifications, drawings, etc., accompanying the same shall in anywise ect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms the contract, or to the work to be performed thereunder. performance Bond Paqe 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon'~ Civil Stetute~ of TeKas, and other applicable statutes of the state of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in ma~~ers ari~in9 out of such suretyship, as provided by Art:. 7.19-1, Vernonls TeJ<ae Insurance Code. DR wxTMaSS wazaaor, this instrument is executed in -A- copies, each one of which shall be deemed an oriQinal, this the 23rd day of August , 2dJ~. ,amCIPAL PRESIDENT S0R2l'Y Surety Company At ney-in-fac Julie ~1olinare I f'rl.n~ Name} ftJe .....:Ld.nt: ~t: a~ the SUrety in ~ce. COUDtv, 1'fIxa., far d8Uveq QX aotic:. azu:f ..%Tic. 0:1 proe... I.: PhcD. JJumb.Z": Swantner & Gordon Insurance Marv Ellen Moore P 0 Rnx 870 Corpus Christi. Texas 78403 (361) 883-1711 agency : COJ:1~ct PerllOD: AddnI8.: (NOTE; Date of P f (Revised 9/02} er ormanee Bond mUB~ no~ p8 prior to a.te Qf contract! Performance Bend Page 2 of 2 I.C.W. GROFP Insurance Company of The West The Explorer Insurance Compam Independence Casualty and Surety Company Il~55 E: Carruno Real, San Diego, CA 92 L;{)-2()~5 POBOX 85563 San Diego CA 9218(,-551)' (858) 35()-2~()O FAX (8~8) : ~()-2-()7 \1 W\I lCI\ group com Bond Number 2165992 Terrorism Risk Rider fhis rider addres:-es the requirements of the Terrorism Risk Insurance Act of2002 In accordance \\lTh the a!'ove Act \ve are prc)\ldmg thIS disclosure notice for all bonds on which one c,r more of the abow identified Cl)mpar11es i, a surety Coverage for cer1itied acts of tenonsrn IS included lr1 the attached bond and will be partially reImbursed by the Cnited States under a formula established by the Act The United States will pay' CJOO 0 of covered te:Torism losses In excess of a statutory established deductible to the Insurance compam hSU11!g the bond In no V\ av ,,",,111 the payment for loss on thIS bond exceed the lImIt of liability under this bond ThIS nder does not prOVIde coverage filf am lo~~ that vvould otherwise be excluded by the terms of thl s bond The portion of the premll,m, for thIS bond, attnbutable to coverage tor certified acts of terrorism under the Act is On~DoLar (SIj)JlJ Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. Principal: Zimmerman Construction Co., Inc. Project: Senior Center Improvements Project 6 2004-2005 Bid Date: Contract Date: August 23, 2005 '\0. 00043:\7 \i( n\ 'pl~! 11\' ',j) W\\ (;ROI P P"wer "I\t1"rn"~ """ ra Oft' C..ml'ao~ 01 III" \\ "sf I ii" I '1'1,,, "I' lo,orao,',' (oml""l\ lodel"'lHleo,'e Ca,uall~ aod Surely Company ! I !\ILN In IILSI "!!ISI \.1'" I It '"'''0''' ! """I""!:' dl'[II~ \\('Sl." '''P<<'''!''''! ,Jllly ,,,:canlzed lindeI' the laws of the State of California. '111e 'ij....llf{lJ .:(' tlllq ~li_'v,;1 (\'rpPI;}:I(~1 Jul' ;q;:iIH/c'd I:'l'.kl ..;. (lflb\.' Sl~jlV () \rl/I)1!::L ~Illd Independence Casualty' and Surety COll1pany, a Corporation ','d '-Idc~ th\ i\\S \,(11.(, "";,;I'l' (l' f'c'\ (,'()ikl,'!I\ 'ten III a.... tllt"('1l1i"li ;lllll...'.l, dl) ht'J"eh\ :lpp~)int \lAIH\ "E ( . CERAC!. WII 1.101.\] H. 1'111..... JR . 'OR\]\'\ 1'. ROLU,\(;. WESLEY \1. PITTS, JOHN E. ALFORD, JA\H... O. -"'CH'ELI.. IHR\ \I \\. \I\RII'\. ...TF\ 1'\ \\. SE"I.RCE\. .IULlE MOLlNARE I It'lt" I "ld (\'] md 1:1\\,(\, At "~I leYi~;1-111-I::H__ \\ h (HI :uXlt\ 'I' J:ll\.' ~11rlll::il Cnlllnh qr"lI!TI,:--:I1!p :lIlil all" dakd ,jO....l Illen:" ~ l~] 1. "l';d, ~!J Id ~k 11\ IT (Ill hdlal f of 1 11-: (\Hl1panies, tidel ity and surety bonds, undertakings, ':r \-\ ;'m:-', \\ '!::ul. 'hI:.' ( ~)llli);tJli'~'~ 11; ~ i..";:l'.l:-'l'd th,,'~\.:' prc-.tTI1"; tu bt' t'\l\,'llh:'d II, dllh "utllOri/l'd oftjcers thiS 16th day of.lanuary. 2001. ,;.;\ ~^" q. IMSUI\>4 Q:"<, 09<fOI:r4,. ""'0 o (,. ((' ~ SEAL ., ~ ~/.?ON'" ,,~.:e ~ "'IyJ ",,~~ ,..\1 ~ , ""~' l\". " ~ "SURA "liCE COMPA"IiY OF THE WEST IHE EXPLORER INSURANCE COMPA:-'-Y I'\DEPENDE:-'-CE CASUALTY A"D SURETY COMP\,\Y ,\~ 7. y ~C" it,FOl<l" ~ ,- ~ <)'"'''(I\>/ ...~- ,- :~~ r, ~(~JtC~ -- !;;m 'r~jj,L :\~-;ht;dl!<CLn.' 't"\ .luhn I llannum. Executive Vice President .U{t'i 1,IUI- ;-;s 1)11\:1 San 1 )le,L'(' )n [)CCl': ilbl ; ll~ p\:1 '-.., '\i~ '\<vlhl"e n:mK" 11('1) ~: :J:lt',ires iHllht' i, '.2003. ')cf,m' i11\. ,'vI", Cur!'. N'Hil!\ I'uhl'l personall\ "ppc,lred J"lml Hanl1ll!l1 and .lohn H. Craig. personally known to me to be :i1T ~uh~\.rlhl'J h. !Ill: \\ ihil] llI-;trUllicllt, :lIld :H.'kno\\'kdgt.'d !l11Jl(' that thl':Y executed the same in their authorized capacities~ and that by lJtl1CllL 'lw~'ntl1\ IIp('o1 heh,d, (d'\\ill\,:h rht, ptT.:;ons acted., l'\l'(illl'd the Itlstrllll1ent \Vlllle" my hand and official seaL I 1 I ...... MA.RY COBB .... .", ..... , CCMM #'321341 0 u. ~. "C;il~{ PUBl'C ~AlIf}R.'~. lA Ul fit .. SAN OtEGC :::OUN""Y () t) 4;,. ',Iv Commls~"-,o EXP',es i I SEPTEMBEr. 2C 2005 . \--!}~, C()--Ob 'clarv ( "hb, Notary Puhlic IU.S()II'IIl)N\ ihls p:, ,,~; Uf\ttollle} .., .:;.ral1leU :llld...; Si::'.lH:"d ..;eakd ~iIld ldt:IlI/\'\l \\llh bCSJllllle SJ~!I~1tllrl'S ;md ....eals under 3uthority of the following resolutions adopted by 'll':' rC~,l:\.,_t;'.'e Bnard-; or I )lrecttH-~ \':H'h {drhl' f 0111p~tI1Ie" 'RhOI ,'1'1 Tllal tilt' PI\:sld",'nL ::\ L'\t.'I-'ull\t (I! ....;...llllll Vice Prl"sldcnt (If tht' Cumpany, together with the Secretary or any Assistant ilerehy :;uI1!lI}rl/:f..:.'d tI,J l' (.cute hn,....c"I' III \ttUllK'Y appointillt; lht' per..;orH..,) named ;lS AnorneY(SI-in-Fact to date. execute. sign, 011 hehall' 11< tilt (\"1 )a11\, t'I\.Jelj1 \ JII...J ~Ult'1 \ honds. lI]l(jl'rt;d,in.!;~, ~tnd ~)thel similar contracts of suretyship. and any related "-.ecretan, ai,' "eaL :1Ih] del iOCl!m('!tl::-; I{E~;( 1I \ Ll i I iRTl1I E 111:" 'he, md ,-'Unt'll! .,1 ,'l"illS ul'the ~lppdllilinelli ..;ca! 111' Li!e ('HllpaIlY. I'la~ bt..' LI\.sill1 \on'(' <lll(! ('It"... a>., f ;l:lrQI;,lh :Ift'.... )1'I(l{l'i..'('r'VlIl _~natllr,,-'..., III Ill> ()I't"i<.'l'j',-; ll13.kjll~ tIll' app\HlllrneJlt. ~lIj(j the sl,~nalure or any' officer certifying the validity !l1a~ ht' I~h''';lmik n..:l'l'cselltatilm:..; dfthi.'f"l..' SJgIl3tUI't:s; and the slgnature and seal of any notary. and the n:prl'~el1t:il1nW' (Ii' llh'ose sign~ltllrl'':' ~1l!<.1 ''"'t',lb. and such E1csin1ile representations shall have the sanle '"1 1:1\..''';']11111' ",,-'!)r~"elll;lll(ln-; h~'h,'1Ti..'d td herein may :'1..' ,]ftixed hy stmnping, printing. typing. or l'ERTIfI(\ II [ht " ".klSlgr,cd, \SSI ,Lint Sl'lTd'lf', "I IIi'llnl!.'C (d"(pa,," "I llie' \\ l'St. n,e f 'pl,)rl'( '"suI""Ct' (.,nnpall\. and Independence Casualty and Surety Company. do ,crchJ1lfy lhat Ihe Idl"!WlIlf I\l\\c'r 0) \tto':!cy" lul' IUlCl' ,lilt! cl'teet, "'lll'"" 11,11 h',(,11 'c'\uked. "lid that the abole resolutions were duly adopted by the ;:.:':;Pfl.,:i noard~ (,IDI"'dor.., ;It'hl' '(il1111;Ulic< md 11;' ]](1\' '11 jlll) [(\1\-'\..' iN \\ i!'~~"S \\HI-R~' 'I I kl\l',^'III'\ h,lnd I 2 rd ,1.1\ dl August 2005 ~ Johl1 H Craig. Assistant Secretary ~) '. i '1 ~... II!e au!ht'!" lei" "Itlus 1'. ('\v" ,(1 ,\ll,w 'y 10" 111:1\ ,',iI I ,1)1 J-~'7 -I I I I "ud '"'' I,), [he Suretv DII ISlon Please refer to the Power of Attorney Number. IIJ.lned illdIVidl~il{sl J1H.! detall~ <.\tthl" I;\)nd 1(' ',,:I1h'11 thl P;)\\I...T IS attacl1\..'d Fi'l lI1!lH'tm1l1dTl or tIling clainls. please contact Surety Clainls, lC\V Group, I. ;11111!I\,1 Rt.:aL <;Jl1 Dlt..');p \ ;),? I ~tJ-':> ~+S UI tll (.',';;:-; ~ ,.<t),,>~OO I ,. _______.___..___________J he all; i 4" : CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with MNA". FIRM ___ ZIMMERMAN CONSTRUCTION CO., INC, STREET:---R.,O. BOX 366 300 HOLIDAY DRIVE CITY: BURNET ZIP: 78611 FIRM is: 1 5 Corporation Other 2_ Partnership 3. Sole Owner 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interesf' constituting 3% or more of the ownership in the above named "firm". Name Job Tille and City Department (if known) N/A --.--.-....-------- ---'-" "--"~-- -----'---_._-"~~-- 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Tille N/A --~-- ~"_.._._-_._..~ -----------.------ ~_.__._~..._-~ 3. state the names of each "board member" of the City of Corpus Christl having an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Board, Commission or Committee N/A "-----. ---_.. ._---._---- '._-- 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interesr constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A ._-~_._._,----- --..-"- CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that J have not knowingly withhetd disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: DICK Z Title: PRESIDENT Date: AUGUST 10, 2005 PROPOSAL FORM PAGE 6 OF ., DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis. but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional. industrial or commercial and whether established to produce or deal with a product or service, including but not limited to. entities operated in the form of sole proprietorship. as self-employed person. partnership. corporation, joint stock company, joint venture, receivership or trust and entitles which, for purposes of taxation. are treated as non-profit organizations. d. "OfflCiar. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. .Constructively held- refers to holding or control established through voting trusts. proxies or special terms of venture or partnership agreements. .Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE: 7 OF 7 0(, : /21305 3: 58 03/e9/2005 14:59 51275::0831 : 5124&7e113 [lICK ZIMMERMAN SUMMIT GLOBAL PARTl.jf PAGE 03 132 ,i ~3 / Compa"y y ~.... 'NSUIlClt .' INJ\IIIet'l r; INIURIiR 0: INlu_1iIl1ii A 'l'I4 'Ol1Cllt 0/1' 1N'~Nel L 1S'tIiO KI.OW "'Ava MlN 1e8UEO ro M INIUItIO NAMED ~ f'QI' 1M<< ~rcY I'ERIOO I~JOIC^ Tel;!: I\OTW'r~1l1".NI~H;G NfY ~lQYIMMiNT. 1'I1W Oft CQNO!TlON Of ANY CONTIW:T Ofl QTHIpl: 1;lOQl.MP4T WITH RUPeCT TO WHICH THI$ oeRllFtCA"~ ~.. y e! '"V!;' Oft W,Y Pi~T~. TMl fNlUlWiOI ~O IIY niE IIQUCIU CIICftIIID HI!I'llUI !S '~'T TO ALL THE TefllMS, !XCl..USIONt "'NO CONOIT:.oN$ OF SUC!-- ItOLlella. A~TI UMfT& ',1iOWN MAY ~ IEEN RECUC{t) IV ~AI;l ClA", .. ' " ~lC.,. '( I UNITS ,~.._-- ~~ OCCL'RFlil<CE , ...oe 'Ie 111""'10 . I4t!tI e~ 1M' - t>MlInI , ~t~, to "iJV lIIJUl'lY , GeN~Al ",(JG~EI)"'T1i . I>flOO\.CTi . CQM-IOI' ..al;1 t II ~! i QiN'L "'GO~II!(l"'TIi _1M T "" 'LI~' "e~ I ! IPOL'(;y X ~ ,7J LOC 1 ~"\lT 0lI0111.' llA,l1l.'TY .( i ,)( ~",,, ^Jrc i ~l, ow,...!: AL T06l i IQHEllU\.iD "I"TOI ~ .;0 ",VTClS ~ "lCN_!O ...~rrOll r--- ~. -1 3E2-09-S6-OtI04/0~/lOO~ (' I I COMtlINEO $INQ,~ l.Il,lrt ~ ICClal/\~ f.. O~/O'/ZOO' IICOIL1INJVM'" (Per "",_, (' 100fl Y IN,;l;IllY (1'.. -.c1ef,1It! I · .l'II!OPnTV :lAI.I^OE /Pt, _.....t I $ I , I CWll\lM uMILm , ANY "I.'TO ~ AIJTO ON. ., . IJl ACCfOl;NT '!: I;IICUCl'ISt.! IlmHTlcN CTW5R T~"N ~I.~: QIIl\, Y' Ell .,,(:~ i S Ml;i , $ . l5, UM50017SJa 04/ot/2ooS 04/Dl/2OW .( / i_ oct:UARE~QS "'~QoIlIQ" n;: : 1lCO~1IJ.A lot_"" rv ~ Q4;CUR 0 el"'~:!MIIOl! -~ c.t"1lfu'11Dll &Ill) Dll'lO"Mlta' ~TY , litoi'" """",,,rroMI"~le ~ . :>~"'='__IlICIIiiR EXC:~lJO!oi" ;+- r ............ ''"1 ; I&,",_r. R;sk ,'-- ID . H, CIII~ ' IAIM'>.O\' , i,l., \lI$ii"$e,;,~.:I"CYUMlf IS 470416 10/Ol/200~ 10/0l/z001 "roj. Alnt: - S171,OOO . / ~ (' rr ~ctible: $1 000 ~I"IOII 01' iJIltNl'1OI'oItJ LOCATk)ut! YlMIOI.IIII mlUSIClft~~tC '''If(~dII6SNCIAl. ~. 'ro.,.ct: S4t1t1er C...t.r ~t"OY""h - lOO4-IOO, (C: _ ProJect No. JZIJ · City of Corpus ~ri~ti i. ft~ as Iddit~ow.l i".u~ed Oft all Gtfteral Liability and .11 4~to i~il1ty po'i~;... ~ City of COrp.. Chri.ti yf En.i..ri.... Sel"Vi<;u .t~: Centr~t A~i"1.tr.to~ P. 0 lox 1277 Corp~. Christi, t~ 7.4., ~Ul ",tN", "'" "1cWI CleKll'!KO Pe(,JerIl$ . c:.<\"IOtu.rD ura.. TNI ~TIQW !MTI ~t!"IQJr, 'l<te ,,,ulNa fNlU"11! WL. ewDUYO. 1'614'11. .L OIln Wl'lfTTeN NOTIC!! 10 '.. CIll~TII'lO.ll N~ ~,iji1Q ro~.. UI~'. IIWIa. --I\~~.I ...-.. NMl'IIl""'lilr~NNIOCX XXX ACORD 2t (1Oe11111 ./' ~o eO""'RA TION '... j I I 05 3/2005 "3:58 0~/Og/2e8S 14:59 5127558315 51 24!;7elll.3 DICK ZIMMERMAN SUMMIT GLOBAL PARit-E PAGE 04 FAGE 03. 1):3 IMPORTANT i1 the certlfiL,te holder II an ADOT10NAL INSURED, t/1e POIIC:Y(I") must be e~dors'd, A teatemenl on thl' eertlll,~et. QOI' nol oon~tr rights to the c.ltlnoete hOlO.r in 11.1.1 of .uen indorsernel'tt(s;, /1 SU8ROGI, TION IS W,4NFO, subleet to tt'I. terrrll and eonclit.Cln. of th. pe..cy, oerte.rl pl;l!il;'.$nilY r.Qulre 11'1 ."aorMl'l'\el'lt A Il.IteI'I"lent on this cel1ific.t. d~s not COrl1et rlQtlt. to thll ~ertffiC'fe hQlder In lie, o( IUet't endornmlll"lt(S) DISCLAIMER "'he Certiflcw. of InsurarlCt! 01'1 the r~.rJ8 Bide of t;,l. form does not eo~ltltut. . CQ!'ItfllQt betWeen lhe i.,ulng i. ~U"'~('). luthori.z., ~Jlreset\tetive or produolr, 1/'10' tn. C41rt'fi~.l'told.r, "or do" it .fnrmat~y III' neg.tw.ty arnetld, ext~d or .lt~ t/'II oovereg. .ffordlt<f by h pellel.. If'ted tl'leret:t'l IlCORO u (2001,.) Hi 1120115 <1:58 :',1 ~75E~j315 DJCK ZIMMERMAN PAGE 02 Oct 10 2005 3:03PH HP LASER JET 3330 F'-c -- l.:igb"I'\~..-P~.".. u.c 101 A. V1n" a:t I SU.jt9 '61;1 I Cn......:lQ.,-, J.eOl 1::1;-. r'iw-.u.---- --7-- ~orpJK);. :'1(: 2C3~ Orchid Avtnut ,~c:A.l~"1:. '!"X 18S<l.. ACORD... CERTIFICATE OF LIABIUTY INSURANCE 1'6J7P7IIK ~~'=O'C'~'l nua c .. ..... -" It MAflM Of _OIIIMATlON OItLV I ... NeMT' UPON THR eaR11'lCATE HOLDIEK. 1'tW ....... :A.,._DOetI HOT AMDID. IXTIHO OR ntI! .... .. An"".., n ". " ...OW. N....C. _~___H_'_"_"__,___" . T>iE l"Ol.ICtE5 OF"~ ~18~ Iti.O\lI' Kl\~ 1l&E14 r8llJl;p TO TI1l1*'UMDN~MCl'\oW fI'Qft ""I ~y NNOO IlCllCATm, HO'TWIT'I"IST^NDIM<l "NY ~~. ~lW 0fI _ CW Nf'( ~CT CA 0Tl1Il'l ClOI:lUIIeII' WIn4 ~T TO WNQf,..... at~ft: ,....y fIE ISS\JUl OIl MAV I'IiRTAlH, ntII! lNfl.lA,t,HCE IIV THt! I"OUCI!I DUCIWBl....... .'**" TO AU. T~,..... ~U8lON1 AN[) CONOITI(lf\!5 OF SUCH "OUCIl!..A.~T'I!~~~ :'fI1AWIIUHReI,JeB)lI't"lIMIC&M& ,_._ _ _ I'OUCT - UIIlltI $ 1iIIO_ .~________...,____, ~liAOVaJUIn' J ~_fOA~ $ 1"IltI~.~IoQtJ.. OO\IWClllNGl.& l/WIT (&Io~ ~.~ -.L~14UTO" llODLy~ po.._J ~ ~AIJ~ ~ ~DAUroe H riC)N-'0W'N!"~AVTC8 1OOI.'f_ (r'tI~ t -l --~----, I .....~UTT +---- n __ AlITO ri 1-- .....- ~'IT:--- ; 'tfSL TH1J! aD aoe: J ~c 1 I ! 0'1 ~CnOO$ ontEll_ "1,1TO OHU; OO;:ul\Rl;NC& -lE: I~IUT'V "r- CUO,'4..- I ~ O'110/~~Oi v X 11.. w:H MlClQitf", ____ .L._._.m tl.. tllNAa. El\biIl"LOYEE , .~ CllHA5E. P:;UCV lJIMT $ ~,Qno,O~o .----..---- ." 1 , 000, D 00 1.OO?,(j~C CIftCR ~"OI'__JlCleA_, /~-ADOfI)"''' t '.1I1 r'.......--. CO'Y'erave 1. ~t.tNdadi t.o ttw 1.....-c! .~lDyw.. 01 .1t.~t. .-p1.oy.r r,...... Ope~..t.ir:;QtI onl)") I U~.rNn Ccnatruct.:.an I Co. lltf~_..v.. ..)0.20051 I V1SC~I~~ Th. C.~tjfic.~. o( raeur.nae doc. net con.titu~. & contra~t he~...n t~ 1..~~ng 1n.uxerl*) I .u~hor~%e~ I repr...nt.tivr or prodac.r. ~Q;n. e.rtifiC4te holder, nor 40<<. 1t .'tl~t~v.ly or oCgat1v.ly ...nd 6Kt6nd Or t'ter ' '-"" ~QV.''''J'' .tlorcl.a ~ the polJC'l4I. l:.t.d t"'''~''''''' ' , . CMTlf'lCA Ie HO&..Oe~ CAllCa.LA11ON ./ .......l.D__Of'?hI_OI!~~ "~~IJ MF<l1ll; 'MK '~""""'T>(Jtf 0..'" "'IIIIOl', f'll! - ,..,.. WIll. ........YOII TO lUlL H ~... W"rTT'l'H MOftCI! m "- Cfllnl'lCAtt iotOUlft "....0 TO TllE ~, 1I\1f 'A.II.UM 10 DO I<l lAAl.l - 110 cm~ Of! ~~rTY OF ........ IQPtl) \JII'ON '* ,....._ m ~"E1<'ta QI\ *'MIJl$OPIT'""U, """__T"'_ ~ ./ , r ",;>r w",,'/r S';: i ~~IJ. ::l':l:""-:.,o;, T.1" ACORD2~(2O(J1JOlJ) ; ~,..... j I ,,~ ;; ..~' "1~He9 ')2'"''1 OAC~DCOR"ORATION tOllS ;9 29 2005 11.30 FAX ~002 :: l J:~ SCOTTSDALE INSURANCE COMPANY~ Folley No BCSOI'10095 t/ Named rnsured Z:CMMER.MAN COmiTRUCTION CO. I y- '!... '* CH.eI,NGE ENDORSEMENT NO.--.QQL- COVERAGE PART IM:!'ORM4110N. Cov.rapl3 parts a~cted by this change as indicated by below. [gJ -- Effective Date: 09- 07 -0 5 l~:Oi AM , Standard Time AgentNo 42702 o CommBroic! Property Ii] COrTImeroJ.9' Gene! alli'lOilir; o Commercia/Crime $ 150_00 o Commerciadlnland Marine o _~__.~_.___ o = ..:.;;;;:;::.:======------ IN CONSIDERA'.'ION THAT THE lOLLowrNf~ .ARE EFFEC'I'IVl " CHANGE D.ESORIP110N ---., --- OF AN AtrDITIONAL PREMIUM OF $150.00, IT IS AGREED ----- CGi 20 10 GENERAL LIABILITY FORM{Sl AND ENDORSEMENT(S) ARE ADDED AND WITH THE E!i'I~ECTrVE DATE OF THIs CHANGE:: 07/04 ADDITIONAL lNiSORED - OWNERS, LESSEES OR ALL OTHl!:R TEllt1s AND CONDI'l'IONS SHALL REMAIN tJNCRANGED. ----- ..---"- -------.- PREMIUM CHANGE -.---- -- Ack:llflooZlI $ 150.00 Re-turn $ - k?~~kby '- AU I2:EO REP~~SENTATIVE - UTS'244L (6-92) lruLJr'd Cclp'1 09, 2iL' 2005 11' 31 FAX I POLICY NUUBER: BCSOO100eE. 'V @OOJ THIS ~NDORSEMENl CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 ABDITIONAL INSURED - OWNERS. LEsseES OR {CONTRACroRS - SCHEDULED PERSON OR ORGANIZATION This endorseti~ent modifies insure; nee provided unl1er the fOllowing: I COMMERfCIAL GENERAI.UAf3n ITY COVf':RAGE PART ,J NaM Of AddltiollallmirJred Person($) , Or O!mlnizatl:~ln(s): CITY OF cor~Us CHRISTI DEF'T OF EN13fNEERING SERVlOiES A1TN: CON1RACT ADMINISTRAmR ../ PO BOX 927 CORPus CHIRIST1, r:x 78469 (WE WILL NQ1T TERMINATE OR RI~DUCE COVERAGE j.IFFOROED UNDER 1 HE POLICIES SHOWN AOO'./E UNLess THIRTY '. 3Q) DAYS WRfTTEN NaP-Ice OF TERMINATION OR R&)UCTlONIHAS SEEN MAILED T':>11iE ./ PER$ON{S) ll'iR ORQANIZl\TION(I::) SHOWN IN , THE SCHEDIJ;.E) ~lion ""~~~,is Schedule, if ';;;';'wn BOO"!, will be silo;'" In the Ded.....~ -----. A. Section II .: Who Is An lnsumd is amended to inclUde as UI additIonal insured the peoon{s) or organization is) shown in the 5'::hecIule, but only wltl'll'espec8 ro liability for .bodl"~ . injUry", .property dalTl8geh 01 .Petsonal afld a ;Iverti::;ing injury" caUsed. in w.lole or in part, by: 1. Your aC~~or omissions: 01 2. The actsUJr omissions of tholia acting on YOur behalf: in the perfonnance of YOur ongOing O~'atjons for the additfonc~ insured(s) at the ,ocation(s) desig- nated above CG 20 10 07 04 SCHEDULE Location S Of COvered 0 erations SENIOR CENTER IMPROVEMENTS PROJECT #2004/2005 (CDBG) CORPUS CHRIS T, TX I B. With respect to the insurance afforded to these additiOnal inSUreds. the fOllowing additional exC/lJ- sions apply: This insurance does not apply to "bodily injury. or "property damage" occurring after: 1. All wor/<;, inclUding materials, parts or equip.. ment furniShed in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by Or on .be- harf of the additional insured(s} at the location of the COvered operations has been oompleted; or 2. That POrtion of "your 'NOrk" out of which the injury or damage arise$ has been pvt to its in- tended use .by any person or OrganizCltion other than another contractor or Subcontractor en. gaged in perfolTl'ling operations for a princIpal as a part or the same project e ISO Properties. Inc, 2004 o Page 1 of1 'EMCInsur~te ComPanies EMPLOYERS MUTUAL CASUALTY COMPANY C H A N G E END 0 R S E MEN T NAMED INS U RED *------------------------* vI* POLICY NUMBER * * 3 E 2 - 0 9 - 5 6---06 * *------------------------* PRO D U C E R POLICY PERIOD: FROM 04/09/05 TO 04/09/06 ./ - - - - - - - - - - - - - - - - - - - - - - - - - - - - ZIMMERMAN CONST CO , INC PO BOX 366 / BURNET TX 78611-0366 V . K & S GROUP, INC. 1218 SLAUGHTER LN W AUSTIN TX 78748-6374 DIRECT BILL AGENT: AI-7420-S AGENT PHONE: 512-280-5194 - - - - - - - - - - - - - - T HIS END 0 R S E MEN T C H A N G EST H E POL ICY. P LEA S ERE A D I TeA REF U L L Y. ---------------------------------------------------------------,---------- *---------------------------------------------------* * ENDORSEMENT EFFECTIVE DATES: 04/09/05 TO 04/09/06 * *---------------------------------------------------* ( IN CONSIDERATION OF THE ADDITIONAL PREMIUM THE FOLLOWING CHANGES ARB APPLICABLE TO THIS POLICY: ~ IT IS HEREBY UNDERSTOOD AND AGREED BLANKET ADDITIONAL INSURED AND BLANKET WAIVER OF SUBROGATION HAVE BEEN ADDED TO THE POLICY. FORMS TE9901B AND TE2046A HAVE BEEN ADDED AND ARE APPLICABLE AS PER THE ATTACHED. ------------------ -------------------------- .~------------------------------------- ADDITIONAL PREMIUM: $ 100.00 -------------------------------------- PLACE OF ISSUE: WICHITA, KS DATE or ISSUE: 04/15/05 : IL1201A BO. 01-86 COUNTERSIGNED BY: 015 JL ,4_~ ~/ .M' "_ ~ [J, L~ ( CONTINuED) AGEmCOPy ~EMCInsurance Companies PA E 2 EMPLOYERS MUTUAL CASUALTY COMPANY ZIMMERMAN CONST CO INC .. V T E X ASP 0 L ICY C H A N G E S CON TIN U E D POLICY NO: 3E2-09-56---06 EFF DATE: 04/09/05 EXP DATE: 04/09/06 (/ - - - - - - - - - - - - - - - - - - - - - - IT IS HEREBY UNDERSTOOD AND AGREED THAT CITY OF CORPUS CHRISTI HAS BEEN .ADDED AS A 30 DAY NOTICE ENDORSEMENT PER THE ATTACHED TE0202A FORM.V FORMS APPLICABLE: 3003C(03/02), CA7001A(Ol/S7), CA7002A(12/90), CA8145 (12/02) I IL0021(04/98), IL7131A(04/01)*, IL8044(02/00), IL8384A(09/04), IL8523 (04/04) , TE0001(03/92), TE0017(03/92), TE0039B(12/92), TE0040B(02/03), TE0202A(03/92)*, TE0401C(03/92), TE0406B(03/92), TE0409D(OS/94), TE2046A(03/92), TE9901B(03/92), TE9926B(03/92), TE9960A(03/92), TE9988(04/03) Refer to prior distribution(s) for any forms not attached REMOVAL PERMIT IF THIS POLICY INCLUDES THE COMMERCIAL PROPERTY COVERAGE PART, THE FOLLOWING APPLIES WITH RESPECT TO THAT COVERAGE PART: IF COVERED PROPERTY IS REMOVED TO A NEW LOCATION THAT IS DESCRIBED ON THIS POLICY CHANGE, YOU MAY EXTEND THIS INSURANCE TO INCLUDE THAT COVERED PROPERTY AT EACH LOCATION DURING THE REMOVAL.. COVBRP.GE AT EACH LOCATION WILL APPLY IN THE PROPORTION THAT THE VALUE AT EACH LOCATION BEARS TO THE VALUE OF ALL COVERED PROPERTY BEING REMOVED.. THIS PERMIT APPLIES UP TO 10 DAYS AFTER THE EFFECTIVE DATE OF THIS POLICY CHANGE i AFTER THAT, THIS INSURANCE DOES NOT APPLY AT THE PREVIOUS LOCATION.. ( " COUNTERSIGNED BY: 015 I t r.J, ~<ff KS CS 3E20956 0603 "'EMCInsurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY T E X A S POL ICY C H A N G E S N A M E D INS U RED *------------------------* /* POLICY NUMBER * * 3 E 2 - 0 9 - 5 6---06 * *------------------------* PRO D U C E R POLICY PERIOD: FROM 04/09/05 TO 04/09/06 V - - - - _. - - - - - - - ZIMMERMAN CONST CO. PO BOX 366 BURNET TX 78611- 0366 INC. / / V - - - - - - - - - - - _. - - - K & S GROUP, INC. 1218 SLAUGHTER LN W AUSTIN TX 78748-6374 DIRECT BILL AGENT: AI-7420-5 AGENT PHONE: 512-280-5194 - - - - - - - - - - - - - - T HIS END 0 R S E MEN T P LEA S ERE A D C H A N G EST H E POL ICY. I T CAR E F U L L Y. - ------.---.-------- ------------------------------------------------------ *---------------------------------------------------* * ENDORSEMENT EFFECTIVE DATES: 09/07/05 TO 04/09/06 * *---------------------------------------------------* IN CONSIDERATION OF THE PREMIUM CHARGED (RETURNED) THE FOLLOWING ITEM (S) : ) INSURED'S NAME ) POLICY NUMBER )EFFECTIVE/EXPIRATION DATE ) PAYMENT PLAN )ADDITIONAL INTERESTED PARTIES ) LIMITS/EXPOSURES )COVERED PROPERTY/LOCATED DESCRIPTION ) RATES )INSURED'S MAILING ADDRESS ) COMPANY . )INSURED'S LEGAL STATUS/BUSINESS OF INSURED ( ) PREMIUM DETERMINATION (X) COVERAGE FORMS AND ENDORSEMENTS ( )DEDUCTIBLES ( )CLASSIFICATION/CLASS CODES ( ) ONDERLYING INSURANCE -------------------------..----.------------------------------------------------- IS (ARE) CHANGED TO READ: (SEE PAGE TWO FOR ENDORSEMENT DESCRIPTION) --.------------------------------------ ADDITIONAL PREMIUM: $_____----..Q.O.___,_ - -- -- ---- --- - ----- -- --~--~~~-~\f.Jg ~ 110) -----.-..---- ] nt~EP _~ 2 2005 COUNTERSIGNED BY: 015 / ( \ KS AGENT COpy DICK ZIMMERMAN la)bt2J:~ C55i8o~ :?:ltj~~831~)HJ;' LASERJET :;!30 PAGE B2 ... 1 TPAa~ COIlIilIIN&ATJON AND ~ UAIIU1'V MANUAL -- fIt1rIItftv ..... ~ 1, ,. we U 01 01 .( TEXA.t NOTIOI 0fI MA TI!RIAL CHANOI! .NDOMEMiN' TI-,i. endorwment .... l1n1y = me Jnsur..-cre &HO\-..... ~ tM pofOj '*-..... T... , I .hewn ,., 111m 3,011.. ofh '''''''''tm~, ,,, ... eyerw ~ CIlNellatlal\ or od'!er ~ .... of h pOl!Gy, ... will rrau fICNMc , ~ (0 ... JMI'tOn or ~ II8IMd In !hI So-... The"urMw eIf~... .cNallCJ8 neao ' .. ~ "" tfIe~. Thit lndorIe"",u .n Mot operMe dlTlOCIy or I~ffeatfy to _enem anyone not "an ,d ,,, .". 8cNdul.. ~u.. ./ NUmber of cflys 8Cf\f'~ nOb. 2 Nab WlI.,. mMfed to: 3C) City of 00.,. eMIt; 0et*tJl~ ot..,,~ s.Mo. / *lIn; CoMrIot ~1iIb.tv, V PO b IflT1' ~ Chrt.tl, TX 1"'.tzn NaIll UM tt'I.. _C1.......,C 1fT... . ..,....111 ..... 'oA. """rftmdan ..... IncltM'PIItWr "..... ~ "".10. tJlj~ HIt)f -- .... ..0IItC'e1...., ..... ",.. -.nfl. ~,""'1 EfI'NI'n~ t~ IIIofll:y I\ta,: W$L.THP~ 0000lS01 InIYr.d; COrJ*;lt.'nc. (ClIent CO.: Z1m..".",.." CanR1JcIcln CO., ( I,,-~~: SUA."'~I'Q~ ~ntNcl. I ~~~.;2,:. _ ..~~ v- COUlII.fIIIMltCf By Rlr;t,_ N. TN...... T"'.... "'ul"II'I~ 8eMe.., Ine,'" - 05/07/2085 13:27 5127558315 DICK ZIr+lERMAN PAGE 136 GENERAL BNDORSEMBNT Name ofpmon or orgamzation lnsu.red Date this endomement takes effect _10- 1- Q 5 Bndomement Number / Policy Numbm- 4fLf 7 0 48 6 ~__ Policy Pen()d 10- 1- 05/06 Builders' Risk J Installation Floater Great American Zimmerman Construction V Name of Compmy issuing this endorsem.ent . (We win not fill in lb. above IInless _ISlluc this endommtcnt after we ilsue your polic:y) In consideration afna change in premium, add 1he following as an additional insured: City of Cmpus Christi: Department ofBniineering Services P.O. Box 92n; Attn: Contract Administrator ColpUS ChrlIti, TX 78469-9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, the irsuing company will mail 30 days written notice to the above named. Slanatmc: ~ rJ. iw'tr / Autborlzec1 Agent ATTACHMENT 4 lofl KK-OLOO RmIVED $EP-07-2DD& D2:UPM FROLt-&1 mm1 5 TO-Sumllt Global Part". 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