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.
Laws Page
FDA Home Page, Search FDA Site, FDA A-Z Index, Contact FDA' Priva~, Accessibility
FDA Websife Manaqement Staff
IIWWW.fda.~ov/oDacomIlSlW<!np~ula...+ J..-.
Contract and Subcontract
Activity Report
(H U D-2516 FORM)
...
....
5~
~s::
~.~ ~
'"
11 t
~! !
~~ i
r
o
z
Ol
>
e
0-
ft
en
~
o
~
">
1:)
~
t)
e
-
c
o
(,)
.c
:J
en
~
as
S
l!
-
6
o
"
~
-g
"
:
c
s
..
"
..
;;
'"
c:
c;
s
-5
E ~
~~
~~
~g
i~
()
t~
,,0
~:!2
i!
~i
~ll
-.
ff
.....
s-j
lle:
.s~
z~
as
f~
It
~ E
~8
~s
zJ
2't
Jg
- S
j[
I;
l!~
j~
is
",!!
f;
.=
B~
)8
il
J!~
j~
j~
S~
OJ!
lie
IJ
f~
j"
JJ
II
c
.
E
g.
J
.
a
c
.
i!
::J
"
C
.
a
c
..
::J
o
:c
'0
C
.
E
1::
.
Go
.
Q
u)
:;;
~
g "!
B ~ ~
g~ ~
:r II ~
~! ~
!l ~
.~ -t g-
e: g ~
~e ..
EO R ~
.El: ....!
.5 e as
~~ ~~
0; ! ~"g
~" ~&
~.s ()o
g.g s~
so!:
i ~ CIJ &
0- '" i ~
~ e ~:a
eO. ::1_
~ 0 - i
"'- ~ ,,"
I~ ~.~
]j il
-t"'" - 8
o lij .~ 5
~3a Eg,
1i~i E~
=:;5 0=
i :io i ~
.!Jj, .5e
'i ~.. '"
~ 3 !~
I~ i f~ ~
..~.g Si~'"
~o! ~-.::;::;
li:Sw .::> i
'-I~: j! i
Z~3~ -;]' o_i-
~-!I! 5!
~ Il~ ~~ t
liill S2 .3
lit! .-u
-<!w ~ i
i~~J ii
u. 'j... ~~
Ilj; ,8"i
~lii Eli ~
",mile: :s::>
i!1! II! ~!
.4!lI ..c:.
~ e-: oS gtj
"O.lS~ .:;,
-:5"'0 50
ii~J ;)
.-iJ"V j.
jjf! .l~
if!; Ji
~J~l ~.a
~l!!J .:3J
~f f8
~~8o ::>i
~'!i~~ '"O:!:
aJ", . Ii.
E~.!!E 2'~
~ffll~
~~~f "2! g
j ~i i I j l
"cQ,~Q .:. ~
";~iJ ~o ~
~il~ i~ ~
-2 I BiN 0
~Jt i~ f
iI,l il'
dfl n f
~ "
e&j
g!~
& ~ g
.l! ~ a
~ .8 'fi
" - :
1 ; ~
~ -g ~
_ 0 .
o - .
z 0 .c
~ .9 ;
~ ~ S
O.!fa.
~ It :
~ . .
~ : :
.. .. :>
.;
-.-
ii
~ ~
.ml'
.~
i: ~;j
J~ -< ~o
011. ;!; 10
...
.-
~
o
..
~
..
c:
'6
"
!
~
c:>
Z
-
c:
o
.c
Q.
~
a
S
...
j
~
o
I
:i
I~
5
I~
.8
II
If
,C
r[j l
"
<
"
c
..
i
z
~--
~"
J
.,
ij
u
~
a
"
j
~
J
..
?:-
o
I
'"
f
Ii
"
c
e:
~
o
'"
i
z
.;
...
'"
;::
It
III
Ol-
~
.:
"
~..
Ol
~
it
c:j.!
8 ~
- z
!c
..1
;::
Uili~
~~ .!I
~j ~ I
hlu~~
8!-l !'1
c.. i'
rnJ1!~
1->-0-1
lJ
o1i~
- S c:
~c:j
EO"
..o~
f.
~ ii
ij!I
fJli ·
h,J
C!l ,f
~ -I-----
~
e
o
~
..
e
a. -;:;-
'" e:
.5 a. CI
~ i~
x ~5
j j;fJ:
! ~~~
~ ~".5
,g ~ 7]!
.a uOJj
~ <3~.[
"
i MUM
OI~lD"'"
c:
.. -<
l co ~
~ ~ ~
i. ~
J ~ -gi
_ '6 '" E
:~i;'~ t
"V .S) 0 II
8 ,;~~~
~ l~ al
aSKI"
1. ~il01
. . . .
.0 ....N(W) 'lit
QO
'"
5
'"
~
~
~
.e
i J
8j-slJ
~ .J!]Ji
~. ~l~.!! ~
! ~:1ij !
>lZlZ:r J:
;j......
~ -C\f(W)"CI"aftfD
--
..
a!
.. -! 0..
3-=.t
il~~c "
c.. E!'
OUJ co
J~!~~
It!iB~8
I . . . .
it .. co ..... G) en 0
t.5 "
~ il~
% ..
l ~ ~ ~
"':IIC- .c
; \<'Hij!
s::c~~o.."fe
t- 'i . :I. . .
",Z01r1/)1L .
.. 0 . " . . . ~
/!.. %-N"''''l/l i
.g
G
I
I
IL
fl
ji
QIJg
.....
()-Nft
,il6j.oS~~.: 133
~c C eClllD>. Co.
l Q- C - 41
3:c~~~,:-E.. ,~
..Q~E..~~~~ gs
iiO!.!f...i,c '" ~I!
!i · f. e j i If l~: ll:
'1;~:2 :1..,<: - ~~ c .a-(
E~~!! eJ!. ~;S e ~ ilJ:
f>"l"~E -;:"i;~ ~~
· .. =.""0 B=" '"x
~1i2.'Olo;l.cEc~ tlQ.
!il~lE"i~lo~ 8 g'
~iiO ijg=~gE~ c~
i:S~ 8a-~!J:~~ g~
-s1l.8.5!!iJ;:~~1il:Sfl lica
Ci.s;c, ~~c!i.2j~ liC
3:1!~i~!I1:o'1;"iJ C "':~
~;:2~1!~~. [. 8 ~~
0.- ~~..'". .c", E~
....'}.co.RO)E ;ISo 0 i~
jlg~~li~~i[~ ~ii
;.'O!g~iJ!fl!-g.2 Q~
(0) .!i . 0 '2 ~ ..!! "C ~ ":l
~.~E:i!C'Il- -S!ij 1;"
3=.!!8.E".~3'Oca", a'i..
"ogo~ ~=.~:~ ~ 1l~9
~-!~jJ~~~Slf'" 8~~
~ : ! ~ J :z O-~. N. ~ ~ ;. ~
.: I ~~ -E .. ~ <I ~ 0'= ~ a. ~ il
.g;lO ....C.!l ",_. ...,.
:Ic.......2."'o_ .C:I
:o~,;Cc,.;~> e'2!.: ~811
'" .. !l = *' = <>..c .0. E 8. .. '" 5
~ ! j ~ d.E ~ ~ ~ ~ ~ 8 l' ~ ~ 8
..~ .!!ol!oc"j1:i "r-:o"~
ESE ~ 0 . .. i .c -< 'i &l e =S
I!CI) g,:jKi:!l!'.::~~~
rl!' Sl,"o'O.5!j~."o""'Jl
c",,;. i,_..~ 1:" :StlJ.
e "..,. i...... ~ .. -< s..
.Ot" e~"'.;:J. >ca e=
Is ~e !!i:ieJ1~ ..;,
· e.:!ZI!....:J.:S
C'Il ~ Wij-i2rl e~ ,"'0-
J ~ ~ E.!! 5 ~ .. d~ ~.; I :z ~
~dl El!Jl5~~~ l~i:'!.
I~ g I ~ '0 E ~ f~ fi,g ~ '" li,i
x. lS"l. j~~ 8~ ~I
....1. >=C5-.._
1~"lf.fjfig l~l;f
Iii ~I.lf:jtJii 1ifJ~
fit.. .l~ ~ l! i f;) at !
1t! 1-~.Kj'l5 "'I,ie~
jil ifIJ~!j~ I:!~.E
~1:",1l .so.JI.t!OI-liliJl
!sf~l'i!ilti Ji!fl
J;:EE~jj~!~!Eo.s;8 %
'! - Is ~ - ~ . 'fi e .
~ 8 8Jljit:sl:~ ~i!l"=
~ fI)- R81 =;-1. ~
I~J jlfAI>-1!j~ tffl~f
E~.fi~ ~ ~l~f,jiJ i
g....<(o~ ~o~:Jt=E3..0
j:-iili !I illlt~~
'.!!.jlO ec ie..<lE.!!
S!.!!~~. g8 ~&~o..o:!
'''51<j ii~ . ea:-IO
j1S~6~ ~fi ~i~2t~Z
-, 0.. __ 3eQ.~., ::)
~ :I ~ ~ i ~~ it! i 12: x
l! ODOX, 8c s8.E-~ E
o - xii 'i - S d g. ~E I 0
~JJf! i If :j 1 " ii
e tC!Jii! c. ~Sl~'...
1 ~j,g!1:c 8i~j:~~
jll~~i~ jl ~lg~iII~
~;:J-"O 8 :go iJe"l
11~11(;!j! ~~~Isl~fo
~ 8i.s~..s.l!il_8
"f!Alt 11{ Ifj;;i..
I hIijip.hHH
,fill" J I) If" i If!l.
!lllel I~~! f
o ': ~ E t. ~ & fi
Clg .i;~ 0 Qt. .
~E Q~f; e 1] -g
it; ~~ 0; ~5 ~
c g so.. ~ 0 ~ e
~i ~~ ~ f j 11
~ t... G; 5~e ~ ; =
~ e ~,~ .; ~ ~ i! ~ e . ~
-fl io.g' gi E~; ! ~ C'Il
~ ~[4: eg !o... :3 C'Il Ii
~ 2 i 0 e 0' ;0 ~ ,0 ~ c :
EU 2..&~~.t.& ~Gl.! .;;
! ~ c... ~ <>. 0 E ~.. 0 0 0 e 0 33
cae :>x...;:) ii-3. "l:Z~ z....
08 ".8-g<>'-:lJ: <ilc'J! :.o~zo ..",
....0 =.::.t: ~ . i! ~~ :I (j.Q C
4..;, -~~cQ.G) Q' ....e.S.-
g'3 ~,c;e;[:~~{:.~ ti~:::.:.~
..~ ~u.!c:tS!cEe wc..e ....
~~ ct:!io.&fi~!!~~ ;;::.,g B~
:J:S "8. ~= '~~;:2 .~.:ia .:is
~Ii~~iJt5!jjij.5 ~i~~ ~~
ct:jc:s "wee,. w ";:oe oc
- 8. Q. w .. '" " :J:' :::, 1II;: 1;:g 1; 0
!:,~lllli~~fj I!~I ~I
e ~ 8. ~ ~ a.. l!' ~ l! ~ 0 .... 0 09.. 1: .. .. :i..
.. .! .. ~ .. p · a..,~ C 'l; : . e :l c e e c jj e
'~ .. '"0":::'''''' cl!."OOl!o~~
~ ! ~ f~ i ~ r ~ ie ~ ! ~ ! ! i : ~ ~ i ~ ~
="l!'a...Otra..o ..c...lIIca...U0a1o..CI)UG..
~~~ . .a u,; e..: Q~
a.a..-o"": M..;.wi,... ,...,........ ,...,...,...,... ;:::;:::-
~ ~ !~ ~ i~ ~
= i ~8'l'5 e ~ !
.2.J ~Q:. ~ g ;:)
a ~ ~& ~ ~ ~ ~
! i ~ li ~ i! l!
II Q.. . ~"E ~ = :z
~ (; ~ .;~ ~ ~l! E. i
~ ~ r 8~ E~:Z ~ !; C'Il
E ~ 0.. i" 0.. .. :z ~ ..
-; ~ 0 ~o- io~ o~ c i
~ 0 &-.;ro:.& ~iI 1: ~
>. · '- 0 II:L 0 5..... 0 II) o.E 0"
g it:!fi~;:) ~fi :I:Z" z-<
~ ~ 8. " , ~ J: .., U >- t :; z:; i
i =1!"'E15lt-~.i.eli .!~:!g :!i'
· li.!! ~i"ll!i -a eZ
- 6 J ~ , · C!" c: e c: w - .... c "-
j .. ti",c :z ,~f i ~ c1 ii 8. .. ~ ~ ~
j~ e I: il .' 1 ~ .:Z ~ :z l : i .5 u W s
E.~eSt5.!j"@Je .5=c~ c!
O.A co' c 1: 10 5 .. I 0 i S_
i:.toil..jw~~~ ! :~;~!g
~ati~i'l:.!iZec:...; 1C-.. SA
~-!2'~i:'oio8t. eJ8~ 8'
8 ~ ~ i. IL at () 2'~ ci ~ ~ & ~ .. I!.. .. ~..
r~!&)il!;~lo i..lil&J~ lil~
liaI8~lJI~!!118!~IJ81
~~r n.";~ ~:!~ ~~~~ ;::;::-
r iij ~1: ~~Z i !~~.. i ~jj jg~
c] ~i.! s~ ~!o_ .!lOflo. ~~t ~Xo..
&. -i ~ i: i ~ Il ~ 3' ~! I ~ 1: ~ ~ ~~ !
~ E -w~ -g! 8~1-= jlOl!"s g.s ~ilj
~.E ~ ~! ~ g ~ ~ ~: j o.!! · 2 ~ i ~ ~-g 1
g'~ i~: ~~ :~fl ifi~5~;;j i!2
! i ~~~ i! ~s8~ {!g~oili ~~i ~!;i
i: ~ ~J;F ~~ .s;J~~ ~~~li te:: 'iii
- No. -1: 101'1:0 :J eC 0; "'.i5'"
i 2 l~. ~s..: .!...:~ ~~I~Sl ':f~ li,~
E", .'To?; .~li .:s s.,,,.i5 ;I ii c-"
E ~ ~ l! :S-!J;1i.:.. ..... Ii: 0" . Wiio'
~ (; 0!1 ~>8 j'!!~ ~~ ~~ ~ ~.~ c:.!!
&. ~ e c2 .E~l W!",Eo Ow~.e oj.... ci
'0 ~ ~! ~ w;- l ~ l '! ~ .i! fi ~ ; : c e~ ~ E ~ ~ j ~
'i" 0. Ii E g 8 .. . a. IS Q ;: . is · "Of I It >- J J!:!Z 0 ~,! "1'" 0
=''U ~ li.o 0'- ()~. ...e'" II_=Z .
~ ~ :i: g ~! ~ ~ ~ } J !ll } ~ 11 ; ~!; f ~ 8.1 Q :
l!-i:JO. joJ!l ijtl~lfi WQj~a;j"oJ.
HuP di!.'IEhHf jhI:iU!~
IHIi:ffUfjdfluHi iHUIHH
1 ~ ~f!jil!U Hili mli,! !lJ!!la!
;;;
~
~
'"
....
Q
J
z:
~
J!
Ii
..
l
o
s
i
f
0..
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.
II)
c
o
~g
'0
Gl
o
E
:l E ~
&j~
~
~ ;>,
C1l '0 C1l
a::: a.
@:
j! r?
~ ~
S
III
o
'0
C
CQ
>-
CQ
o
.....
~
(J
Ol-oenl-
..... ~ :l
a~o
.....
t!. ·
6
S ::J t
{:l. 'i! t
o i
...
Ql
8
Cl
c:
i5
'0
.c
f:i
~ ~
I-
<(
~ :I:
r
~
:I:
o
:i
o
w
~
a:::
~
~
::l
o
:t:
'iVt!
S~f~J c
~ III B :!
III Ql 0
Z en
-
LLC)
o CI)
w
o
11
E S
~ g
f ~
.... f
a> 0
Q. ~ .e.
o 0. 'O:J0
'<t 0 G) 0> U)
.... .cq::e
g> " .c.... 0>
=0 B :s;g-
<l> n. ;> >- Jll .
<l> ::J U) 00>
o C~...C
X U .2~~E
~ ~ U.c...:J
o c ::JOEO
C'O 0 '0 '00
.b U Q)'Q)LC
C Q) 'Oc-.-
8 .c ro'O:2ro
"'0 - o5~o
C "''''.c-
<l> 0 . ."'Q)
'e- '0 ~ g j f;
0. -* gucro
.!a 0 U::J::J::J
:5 ~ ::J'Ooo-
C ....U) i~EQ)
o '0 (u'O
~ g 'O~B~
::J .c U)G)0.c
o <l> OG) -C/)
.c E" Q) n. 0 Q) ....
'0 E~'A.ca>
CD ..... +-' 0 - ~
E a> - ... .. ... 0 C/)
.- E.c.c~O>f:! C
16 E .Ql..Ql 0 :u _ (U
>~~,g8.c.ga>
OOCl)C/)CI)WCl)~
u:
<!i
x-=
....
a>
~
(tI
c
....J
c:{
Z
u..
c
E
~
a>
.c
-
CI)
~
co
a.
Q)
:5(1)
C (I)
o ~
" f! :g
e! :
"5 Q. I>
o-COC
-0 e Q) co
>. Q)Q)Eo
~ Etu~;
c: 'f:0""C/) >Q)
CD Q) -....
::J Q).oQ)o
.o-.Q.E~E
Q)a>=rn:J'-Q)
~~~~c:~~
C~Gl~€Q).9
L. Q) Q.L; -= Q.
.e.o1;;edQ)E
CEt\l;>Q)EG>
CD:J-;:~CI)_CD
x~ c.:J f (ij -.c
OG)O _1:-
.0 '.0 >. 0 ~ L.
2U)~:g~Q). ~
~:JL.CO'l:)-=t::
8~.E~ti:g~
~=~"Om::>:>
~~CL.!..
.cCOQ)~'O
OQ.=W~
<Ii oci
.e
i::
3:
c
o
..
co
c:
E
~
CD
'0
a>
:5
c:
o
f!
(U
Q)
Q.
Q.
\\l
~
o
CO
>.
'0
CO
~
C
o
:p
B
!E
(I)
C/)
CO
'0
Q)
.c
.....
.!:
u:
ui
I I
Z
0
~
.
j
s
, !
2
z
0
f
w
I 0
~ ! en
:x::
0::
<(
. ~
W
0::
I
c~
;:
E
..
:-
j
L
<(
-
o
C
1Il
~ 41
~f;
41 c:
= 0
41
~
~
1Il
i
'0
~
,
!
,
:Ii
J
ii
t=
--
...
......
;>,
.0
"0
~
a.
E
41
CI)
c:
o
f!
41
Q.
II>
6
-!~ 0::....
.Q ~ ~ ~
0.
i~ &~
~ = M -
c: ~ ~ ~
~ 5 ~ ~
!5j .;!1
1ij1l 5~
f>41 ~~
'0 ~ ~i
~>'o>~ ~-g
~ ~ ~ ~ C 41
~ u i
e 41 CI)
o ~ (Q ~
c "tfJ2
cv : c:( II
6 ~"'tJ
C fij Gl
l ~!li
~ -6 8 ~
on ., GJ 'tJ
41'5& ~61?
6i;'~ ;Qliiev
a'tJ>." 1l~~
o>:l;:i E...~
~ 1:.0 ~.8.
c ='iij 'L:'c~~
~ .;!.c ~~o<l?
E 1I>1l IQ~~~
-.::-8 6c .gfiJ9~
~'8 ~t ~~~r;j
J11zii ~Ui
~ P!'6f~~Bre
IbZ!if~ -8il!
,{caE' ~......E-,J9
,a. Gl 1'<(1)
. :g'tJ fi CI)" J::!
......1ii =~E 8.g_
I:; 01 C fi! 0 Ill.g GO
~041~ ~(f)~
....
o
E
:g
"5
@
f Gl Gl
IU = 6
~~tii
!:J~i
~.!!uE
.8g~.g
: f 8 !
6 IV 41 II>
....Efi.c
J?f,gt:
i 5 c ~
l::i~41
E c j 6
.g-1!6
ill:
.9tJcl
~ c -
~ IV c
"Eti~
CT ., (Q .Q
f E .E fii
05E'fi
~ ~ ~ ~
gC""
.8 II 0
~ C'll 01 ...
€ - ~ f
".E .8
~ on >..!!!
5 ~ fij ii
tI t! c II>
f)CD-1I
! Oli.e
II ~ c c
~Zj!f
:1 1V 8 Z
~ ~ J fi.
~.; I! .E
~ - li
CIl ~ 8.,~
- 8 I '
~ l~ t
~!~J
8 ~ '8
a>
L..
;:)
ro
c
.2'
(/)
411
~
i=
't:l
C
ro
CD
E
C'll
z
Q. .... "
1: 0 C
II ~ IV
8.15 0.
:z>~1:
e '0 8
8:.....:z>
. C C
11 ~ f
!I e 8:
(I) IV c:(
t'G i '0
60;:)
'i CI) IV
" oS f
f J!I ;:)
S(l)a:l
.!ljZ
~ C 6
~~~
't:l Q ~
f ~ E
QI - ~
" l!1 'ii
o~-
"t: 't:l QI
tl C E
0. 1\1 f
~ .e. C'll
.8 ii .
QI ~11
tl :z:, J!I
6cCl),g
.E~tVIV
io.c-I
~'<:-'5
_O~..
o.::I'itc
EC'lltiCl
i,~ ~ E
~il!
i:li j J
:!r~
c - '2
.. c i!
. ~ c
t= e '6 ;:)
€ ~ i. $!I,-
c g 'E
~lt:~
o
N
~ a
~1
~-g
c III
8~
CD 411
6~
0-0
II>
go
<II~
>'c
CUo
Etl
.f}Gl
C <II
ECI) 411
4>
.!en
J!I.
01 c:
4> 0
>'I:l
.813
III Gl
lIl~
Sa.ai
o~8
~ECI)
~E1!
o....S
coCf.)
0-
:p>'tJ
ijU~
lI:,gc
Vi....::>
~~4>
_106
i?.b'15
~ 8M
ClDII>
f=~:;
co
CI)
~
~
(!)
o
0::
n.
0::
o
vi
o
2:
~
vi
z
~
n.
o
~
o
0::
n.
~
12
o
~
W
0::
oe(
~.
IL.
W
Z
w
(Q
w
(!)
z
if
f
.u
~
......
.!!
.......
~
...;
c
CD
E
B iU'
-0 Q.
"iij q: X
a. CD e
~ &i ~
CD .D L-
~ '0 0
i3 CD 2-
~Q.Ec
c.cC'OOl
CD$t5Cii
.D ~ 0 0
~ ._ c .;
-0-0.......4)
e E Cii .N
....~C:C
.... c: .- 0
o '- .OJ ~
(/) c C :J
CD '- 0 C'O
E.. .
C'O "
C CD
c .c
"; t5
.... :J
1: E
3: CD
cd 5
....
(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". PAGE DDB