Loading...
HomeMy WebLinkAboutC2006-035 - 1/31/2006 - Approved2006-035 01/31/06 M2006-025 Australian Courtworks , 4 CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 FARTMENT OF ENGINEERING SERVICES 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 From: Angel R. Escobar, P.E. Director of Engineering Services ✓„1"` Date: January 13, 2006 Pages: 14 (including cover sheet) Subject: H E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 Project No. 3276 Addendum No. 2 Comments: This fax transmission contains the signed, sealed addendum from Dykema Architects, Inc. The addendum modifies the Special Provisions and Agreement, adds a boxed note to the drawings and provides a REVISED Proposal Form. 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. iFIZ City of Corpus Christi ADDENDUM NO. 2 January 13, 2006 TO: ALL PROSPECTIVE BIDDERS PROJECT: HEB TENNIS CENTER IMPROVEMENT PROJECT Project No. 3276 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 addendum will remain unchanged. I. PART A- SPECIAL PROVISIONS A. PARAGRAPH A -4 METHOD OF AWARD: DELETE: the order of priority subparagraph following the first sentence. ADD: the following subparagraph: "Total Base Bid A and Total Base Bid B, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1 & 2, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2 & 3, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2, 3 & 4." B. PARAGRAPH A -4 METHOD OF' AWARD, sub - paragraph Explanation of Award: 1. DELETE: first sentence "Base Bid ". ADD: new first sentence "Base Bid A ". 2. ADD: new subparagraph following subparagraph entitled "Base Bid B" as follows: "Base Bid B Repair and Asphalt overlay of four (4) courts with dividing membrane and painted surface. Remove existing netposts and nets and provide new netposts and nets. Remove existing and provide new fence fabric. New windscreens. Remove existing and provide and paint new backboards." i "tiri fl, ? c .as 7)064.9277 • L {r. 1) 880 -350() tVISW ADDENDUM NO. 2 Page 1 of 3_ 1I. C. PARAGRAPH A -6 TIME OF COMPLETION /LIQUIDATED DAMAGES: DELETE: the first subparagraph follow in�g the first sentence. ADD: the following subparagraph following the first sentence: "Total Base Bid A and Total Base Bid B, or 90 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, or 105 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1 & 2, or 105 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2 & 3, or 120 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2, 3 & 4." 150 Calendar Days D. PARAGRAPH A -18 SCHEDULE AND SEQUENCE OF CONSTRUCTION: DELETE: the subparagraph Iollovv ing the first sentence. ADD: the following subparagraph following the first sentence: "Total Base Bid A and Total Base Bid B, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, or Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1 & 2, or 90 Calendar Days 105 Calendar Days 105 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2 & 3, or Days Calendar Days 120 Calendar Da ys Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2, 3 & 4." E. PARAGRAPH A -41 OZONE ADVISORY: DELETE: "NO[, USED" and strikeout Tines. CLARIFI( ATION: This paragraph is activated and will become part of the Contract for Construction. DRAWINGS: A. SHEET 2 OF 9— EXISTING SITE PLAN ADD: the following boxed text: THERE IS LIMITED LAYDOWN /STORAGE AREA ON THE EXISTING SITE. EXISTING PARKING LOT SHALL NOT 13E USED. LAYDOWN /STORAGE AREA IS AVAILABLE IN THE CITY PARK LOCATED ACROSS SHELY STREET FROM THE SITE. CONTRACTOR SHALL ( OORDINATE THE LOCATION AND SIZE OF LAYDOWN /STORAGE WITH THE CITY ENGINEER, CITY PARKS AND RECREATION DEPARTMENT AND THE USER LA\ DOWN /S"FORAGE AREAS SHALL BE FENCED AND SECURED AND C( )NTRACTOR IS RESPONSIBLE FOR RESTORATION OF SUCH AREAS Tt) THEIR ORIGINAL CONDITION PRIOR TO INSPECTION FOR SUBSTANTIAL, COMPEL- LION. CONTRACTOR SHALL COORDINATE ACCESS TO THE SITE WITH THE USER SO AS NOT TO INTERRUPT NORMAL OPERATIONS OF THE FACILITY. ADDENDUM NO. 2 Page 2 of 3 1I1, AGREEMENT, Page 2 of 2: A. DELETE: the first paragraph of this page in its entirety. B. ADD: the new first paragraph as follows: "The Contractor will commence work within ten (10) calendar days from the date they receive written work order and will complete same within: "Total Base Bid A and Total Base Bid B, or 90 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, or 105 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1 & 2, or 105 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2 & 3, or 120 Calendar Days Total Base Bid A and Total Base Bid B PLUS Additive Alternative No. 1, 2, 3 & 4." 150 Calendar Days to finish job after construction is begun. Should Contractor default, Contractor may be liable for liquidated damges as set forth in the Contract Documents." IV. PROPOSAL /DISCLOSURE STATEMENT A. DELETE: the current Corm in its entirety. B. ADD: Revised Proposal Form (Attachment 1). Please acknowledge receipt of this addendum in the appropriate place in your revised PROPOSAL FORM. END OF ADDENDUM NO. 2 01.13/06 attachments: No. 1, Rel,ised Proposal Form Jerry A. Hunt, Jr., AIA Project Architect DYKEMA ARCHITECTS, INC. ADDENDUM NO. 2 Page 3 of 3_ PO ' F O R M H E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 �l<' F'.I r ?NS,1 ;EE _; ?.EFv1''ES REVISED) PROPOSAL FORM Page 1 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 1 of 10 f a at en P R O P O S A L '_ace: Ia gu i zed ani existing under the laws of the OR ridu a i Joing business as TO: The City of Corpus Christi, Texas tiem.en: The znders..gn-d het by proposes to furnish all labor and m -::.er a Ls , toc 1 s, an i nt ce:_ sary equipment, and to perform the work H E B TENNIS CENTER IMPROVEMENTS PROJECT BOND 2004 th 1e °a-r_isn s e� �,t,� k the plan and specifications and in strict anc -, with The oni rar_ r l�Lcuments for the following prices, to -wit: REVISED' PROPOSAL FORM Page 2 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 2 of 10 H E B Tennis Center Improvements Project Bond 2004 TOTAI, BASF BID A (H.E.B) $ (Item PEA -1 thrcigh BBA -7) Note: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. REVISED' PROPOSAL FORM Page 3 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 3 of 10 Ii III IV V BID ITEM QTY & DESCRIPTION UNIT TOTAL PRICE UNIT PRICE IN IN FIGURES FIGURES I- B_3A- i L. 1 I! Dui ,1 rplet 1n 1 pF IMF SUM $ $ B-A Ferr.:•_ t::n r_spal _;rts 8, �� place �_ rll } 1- i n� 1 � 1 e 3 B-A Ov- y, . : -ind Fill, 1 e ,rE>. it r ; _-!i end F ii; Ling t(' u1 s , 1 12, ,, 21, 2 C UU F.T $ B:3A 4 r' , F .tcl r'r3ckr , Fill Bird Eilt :s & <esl.rf 3 ; ',_karts 1, _, 5, r, ', 1( 1 6J > �, r 1 t S „t_ D U I f a 1n g and cc its icr • yli,- finish, c:nklEte aru in place per CLURT $ $ B to 1 Pemcve is Reinstall Existing Fence Fa t i ( w th rie.a i cA tom rai [ , reuse ex1 t :ic; Wdt is -teen for oar1 ;us _ T. ur t _ , nd :.r :-r1 ,1e new fence Al _ :uurt 25 as 3h :wry, , omplete and in place pe LUMP SUM $ $ BBA h 1 Id El- tri-c 1 [ °, re: r=emove 4 light p :les, r use 1 pc -s and pr: - ide n : essar; el =c' rival work as shown, complete and in place per LUMP SUM $ $ BE-A - 1 25 Parki::I Dt In 1 ai i associated work, cpplet_ and in place per LUMP SUM $ $ TOTAI, BASF BID A (H.E.B) $ (Item PEA -1 thrcigh BBA -7) Note: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. REVISED' PROPOSAL FORM Page 3 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 3 of 10 H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE #1 - Tennis Courts 13, 14 & 15 I II III IV V BID ITEM QTY DESCRIPTION UNIT TOTAL PRICE & UNIT PRICE IN IN FIGURES FIGURES i_. ■ Pamt, at(:1 Tr-o'kH, Fill E-Ird Eh. S. Re l_t-e -Jurts 1:, 11 1, _ _.• .■ 2 oat :; • *--i:r :HiCir-0 ar: _I 2 ril:Th, c:.:mplPte and in b_ac p,- $ $ F:r,=,v_ide Ne,, F,slio c-ind Wind :c:den drts 13, 14, and 1E, .m. let-- r-1 1.,,,:e per 111IMPSUM $ $ ADDITIVE ALTERNATE NO. 1 Sub-Totat Items A1-1 through A1-2) ADDITIVE ALTERNATE NO. 2 - New Fence Fabric & New Windscreen I II III IV V BID ITEM QTY DESCRIPTION UNIT PRICE TOTAL PRICE & UNIT IN FIGURES IN FIGURES i_. P.I.'71Je lew Fenco Fabric an•i Windsn is shDwn, compie and in Lac,H per LUMP SUM $ $ ADDITIVE ALTERNATE NO. 2 Huh-Tota I.Lem A2-I) REVISEDI PROPOSAL FORM Page 4 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 4 of 10 H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE NO. 3 - New Court #24 I 11 III IV V BID ITEM QTY DESCRIPTION UNIT TOTAL PRICE & UNIT PRICE IN IN FIGURES FIGURES IN FIGURES I-- wand Fi1, Pr-ptati n and PaJntLng ,1, .Litiplete anc . in plic(- ar DURT $ $ Demo lit on :. .-)isp(=sal for C)urts 3 and 4, omi:_e- aHd in p1 a: per 'LUMP ST: $ $ Fer e '_- Fence Fa.nri,- dtr is:---e'. .,- Mown, ,7:mc1te ]r c - p,: 22212 SUM $ $ ncret Ki:verLa16 Sand Fill, 5]rfa'7e PrEpaatlin and Painting 1.:1 . _)u,ts . 4, .-(,mplete and in place p-r CJURT EL-ctri al ,;--Lk - keuse Exiting 2 de 2 new light Eile, a..d :1; iL.:,. Hiated ,-'1,(:tr2 'al ,.7k shown, _mplete an _:n .1a e pe/ LUMP SUM $ $ 1.-: New Fen e a:Id Fabric, and ail ed I- ea *,-=:, ,:,_r k as :Jmplet. anl J:1 place per LJMP SUM ADDITIVE ALTERNATE NO. 3 (Sub-Total Items A3-1 through A3-3) Alternate #4 - Overlay Courts 3 & 4 and Backboard Repair I II III IV V BID ITEM QTY DESCRIPTION UNIT TOTAL PRICE & UNIT PRICE IN IN FIGURES FIGURES 1-1 Demo lit on :. .-)isp(=sal for C)urts 3 and 4, omi:_e- aHd in p1 a: per 'LUMP ST: $ $ .---:: r.' ncret Ki:verLa16 Sand Fill, 5]rfa'7e PrEpaatlin and Painting 1.:1 . _)u,ts . 4, .-(,mplete and in place p-r CJURT $ 1.-: New Fen e a:Id Fabric, and ail ed I- ea *,-=:, ,:,_r k as :Jmplet. anl J:1 place per LJMP SUM $ $ 1 2e1 :t Ex.s,1:]-4 Light Py and ,..-ss :ed ,1,:_,I.trical w ,rk as ---1-7c,../n, dm,ele md in ota per $ $ ADDITIVE ALTERNATE NO. 4 $ (Sub-Tdtri Items A4-1 through A4-4) REVISED' PROPOSAL FORM Page 5 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 5 of 10 H E B Tennis Center Improvements Project Bond 2004 BASE BID B (C.D.B.G I II III IV V BID ITEM QTY DESCRIPTION UNIT PRICE TOTAL PRICE & UNIT IN FIGURES IN FIGURES BBB-1 I1S — Asphalt overlay, surface $ $ preparation and painted surface. New netposts and net. New fence fabric. New windscreens. Remove and provide new painted backboards for 4 courts, complete and in place per LUMP SUM TOTAL BASE BID B (C.D.B.G.) $ (Item BBB -1) REVISED' PROPOSAL FORM Page 6 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 6 of 10 H E B Tennis Center Improvements Project Bond 2004 BID SUMMARY TOTAL BASE BID A (H E B) + TOTAL BASE BID B (C D B G) $ (Items BBA -1 through BBA -7) (Item BBB -1) TOTAL BASE BID A } ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) TOTAL BASE BID A AND TOTAL BASE BID B ADDITIVE ALTERNATE NO. 1 (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) AND ADDITIVE ALTERNATE NO. 3 $ (Items A3 -1 thru A3 -3) TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) AND ADDITIVE ALTERNATE NO. 3 (Items A3 -1 thru A3 -3) AND ADDITIVE ALTERNATE NO. 4 $ (Items A4 -1 thru A4 -4) REVISEDI PROPOSAL FORM Page 7 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 7 of 10 Y. Lgr. e> :r1 I:e z r- vela' -_ri_1 t � tr. trs . JC_ K, rr l i ic, I Id a / «L.'s -, x• _ I -r _ ly; ent -n , r t ti s I) 1.3 nr.st -hid ..e t=il id 3 -by lec that he has visited the site he p r :s, specifications and contract rk cL veed by his bid or bids, that he .-:t no representations made by the City are mere estimates for the guidance of the award of =tract, we will within ten the i_;r:rlal contract and will deliver a i_r es_i) The faithful performance of this (as required) tD insure payment for all 1 bond Htfached to this proposal, in the mount bz_ is to become the property of the e ✓ent the contract and bonds are not set_ f_rth: s liquidated damages for the th r Minority /Minority Business Enterprise Participation: The o.v .,ids r shull, within five da ys or receipt of bids, submit Er ', nee , ] ng, the name, and addresses of MBE firms Trd an description of the work to be for id evaluation purpose. Number of Signed Sets of Documents: The contract and all be red in not less than four counterpart (original Time of Completion: The undersigned agrees to complete the k 90 Calendar Days for Base Bids A and Base Bid B, OR 105 Calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1, OR 105 Calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1 & 2, OR 120 Calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1, 2 & 3, OR 150 Calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1, 2, 3 & 4, 111 -he gate design :Led hv a Work Order. Phe under igr ed 1 r -_her 1 ' :aces that he will provide all yes , 10 a i l he work and furnish all materials d : ; -r 'tl, ir,.r r( -,ui t arry u, the above mentioned work covered 1_roo�al, s. ri_` ,--cord with the contract documents and u eme- t : p, t.i r.. there* for the sum or sums above set NOTE be. ) RecE, o- t'IF' lowing addenda is acknowledged (addenda Re.;Lectfull submitted: Iame . By: L T BLL, �r _ ;n : 1 fl ss : I'`__ LF_r (SIGNATURE) (P, . Box) (Street) (_._ ✓) (State) (Zip) one. REVISED' PROPOSAL FORM Page 8 of 10 (He -- °:sod august 2000) ADDENDUM NO. 2 Attachment No. 1 Page 8 of 10 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 "NA" FIRM NAME STREET: CITY: ZIP: FIRM is: 1 Corporation 2. Partnership 3. Sole Owner 4. Association 5 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) 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 Title State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Roard, Commission or Committee 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 interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld 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: Signature of Certifying Person: (T,pe or Print) REVISED] PROPOSAL FORM Page 9 of 10 Title Date: ADDENDUM NO. 2 Attachment No. 1 Page 9 of 10 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 entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official ". 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. f. "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. REVISEDI PROPOSAL FORM Page 10 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 10 of 10 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: January 6, 2006 Pages: 13 (including cover sheet) From: Angel R. Escobar, P.E. � Director of Engineering Service 7/Z. I t, e'D•Gc- Subject: HEB Tennis Center Improvements Project Project No. 3276 Addendum No. 1 Comments: This fax transmission contains the three (3) page, signed, sealed addendum and Attachments one (1), two (2), and four (4) from Dykema Architects, Inc. The entire addendum, including all attachments (89 pages total), will mailed via Regular Mail today to your firm. The addendum modifies the Notice to Bidders, Special Provisions, Part C- Federal Wage Rate and Requirements Section, Technical Specifications, and Drawings. 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. City of Corpus = Christi ADDENDUM NO. 1 January 6. 2006 TO: ALL PROSPECTIVE BIDDERS PROJECT: HEB TENNIS CENTER IMPROVEMENT PROJECT Project No. 3276 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 addendum will remain unchanged. I. NOTICE TO BIDDERS A. DELETE: the current Notice to Bidders, in its entirety. B. ADD: New NOTICE TO BIDDERS (see Attachment No. 1). II. PART A- SPECIAL PROVISIONS A. PARAGRAPH A -21 PROJECT SIGNS: DELETE: the paragraph body in its entirety. ADD: the following paragraph: "The Contractor must furnish and install 2 Project signs as indicated on the following drawings: (Attachment I & II). One sign shall be provided at the HEB Tennis Center, 1520 W. Shelly Street as indicated on the following drawings: (Attachment I) and One sign shall be provided at the West Oso High School, 5202 Bear Lane, Corpus Christi, Texas as indicated on the following drawings: (Attachment II). The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer." (see Attachment No. 2) ADDENDUM NO. 1 Page 1 of 3 Engineering Services P.O.Box 9277 • Corpus Christi, Texas � 84 69 -9277 • (361) 880 -3500 III. PART C- FEDERAL WAGE RATES AND REQUIREMENTS A. DELETE: the part in its entirety. B. ADD: New Part C (Attachment No. 3). IV. PART T- TECHNICAL SPECIFICATIONS ADD: New Section 13132 - WEST OSO TENNIS COURTS (Attachment 4). V. DRAWINGS 4. SHEET 1 OF 9 - TITLE, INDEX & LOCATION MAP ADD: the following boxed note: "THIS PROJECT IS FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT FY 2002 &2003. PARTICIPATION IN THIS PROJECT WILL REQUIRE COMPLIANCE WITH FEDERAL REGULATIONS. THE FEDERAL WAGE RATES AND GUIDELINE ARE INCORPORATED IN PART C OF THE CONTRACT DOCUMENTS AND SUPERCEDE ANY SECTION OF THE CONTRACT IN CONFLICT THERE WJTHIN." B. ADD: Sketch Sheet 1 of 4 -SITE PLAN (Attachment No. 5 -1). C ADD: Sketch Sheet 2 of 4- TENNIS COURTS (Attachment No. 5 -2). D. ADD: Sketch Sheet 3 of 4- DETAILS (Attachment No. 5 -3). E. ADD: Sketch Sheet 4 of 4- DETAILS (Attachment No. 5 -4). ADDENDUM NO. 1 Page 2 of 3 NOTE: THE CDGB PORTION OF THIS WORK WILL BE BID AS A SEPARATE ITEM OF WORK. ADDENDUM NO. 2 WILL FOLLOW AFTER THE PRE -BID MEETING AND WILL INCLUDE A NEW PROPOSAL FORM. Please acknowledge receipt of this addendum in the appropriate place in your PROPOSAL FORM, END OF ADDENDUM NO. 1 Jerry A. Hunt, Jr., AIA Project Architect DYKEMA ARCHITECTS, INC. 01 /Q6 /06 Attachments: No. 1, NOTICE TO BIDDERS —1 page No. 2, PROJECT SIGNS — 2 pages No. 3, PART C- FEDERAL WAGE RATES AND REQUIREMENTS — 72 pages No. 4, SECTION 13132 -WEST OSO TENNIS COURTS — 6 pages No. 5 -1, SHEET 1 OF 4 - SITE PLAN —1 page No. 5 -2, SHEET 2 OF 4 - TENNIS COURTS —1 page No. 5 -3, SHEET 3 OF 4 - DETAILS —1 page No. 5 -4, SHEET 4 OF 4 - DETAILS — 1 page ADDENDUM NO. 1 Page 3 of 3 i NOTICE TO BIDDERS Seale) proposals, addressed tc the City of Corpus Christi, Texas for: HEB Tennis Center Improvement Project Bond 2004; consists of Base Bid for the construction of a post tension, concrete overlay system over 8 existing asphalt tenni. courts and :esurfacina of 7 additional existing asphalt tennis courts rciu inq surface 1: eparation, crack repairs, patching and painting. Alternate Fed L ems iaciade to 3 -rdditianal concrete court overlays and resurfacing of 3 a dit. na1 .art ehistinq asphalt courts, subject to availability of funding. Other ,ac,, k i nc] ud, s ohain link fence repair and replacement, windscreen replacement, removal and installation of new net posts, tennis court lighting 1epaiT:_ and upgrader and the construction of a handicap ramp at the The project also includes Community Development p p parking lot. four (4) tennis courts located at West OsooH High BSchool, 5202 Bear Lane, Corpus is Christi, Texas. All work o be in accordance with the plans, specifications and contract documents. will ie received t tyre office of the City Secretary until 2:00 p.m. on Wednesday, January 18, 2006, and then publicly opened and read. Any bid received after ,losing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m. Wednesday, January 11[ 2006 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street Corpus Christi, TX. Each bidder shall meet the qualifications referred to in Specification Section 13130, 1.4 Qualifications, A, B & C and Specification Section 13131, 1.5 Qualifications, A, F & C. This project is funded in part through the Community Development Act of 1974 by funds approved in FY 2002 -2003. Approximately 16% of the total estimated project cost will 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 non- responsive proposal which will Lot be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City wi *him two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of b d 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 :f "taborer," "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 C t, and in the best nterest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary ADDENDUM NO. 1 Attachment No. 1 Page 1 of 1 1 N XN ADDENDUM NO. 1 Attachment No. 2 Page 1 of 2 Rod Background White Background Blue Background T PROJECT NAME White Letters Project Address C8y of Corpus Christi Corn unity Development Blodk Grant Program *sent of Housing & Urban Development i Black Letters unds: That Project Cost: kontra or Architect Addres : Address: umber. Phone Number White Letters !: Locate sign where it Is most visible to the public. Sign Is niade 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 "). ADDENDUM NO. 1 Attachment No. 2 Page 2 of 2 0520 /1i.E.B. TENNIS CENTER IMPROVEMENT PROJECT SECTION 13132 WEST OSO TENNIS COURTS I.00 DESCRIPTION Contractor shall furnish all materials, labor, tools, and equipment necessary to renovate four (4) asphalt based tennis courts with a dividing membrane, hot mix asphalt overlay and an Advantage Color Coating System, net posts, center tie down anchors, fence fabric, windscreen and net. 1.01 RELATED DOCUMENTS If Architectural or Engineering specifications and or drawings are involved those specifications will take precedence over the following where noted and determined suitable for the project. 1.02 SUMMARY The court(s) will be laid out for game lines according to the USTA. 1.03 GOVERNING BODIES Codes and standards will follow the current guidelines set forth by the (USTA) United States Tennis Association and The (ASBA) American Sports Builders Association tennis court construction manual will be the reference source for all guidelines for construction. 1.04 SUBMITTALS A One copy of the color coating manufacturer's product specification sheet. B One synthetic surface and color sample. C One copy of the Material Safety Data Sheets (MSDS) for each product to be used. D One copy of the certificate that the Contractor is a member of the American Sports Builders Association in good standing. 2.01 APPARATUS REMOVAL A All athletic equipment should be removed and or moved out of the way of the areas to be worked on. Items such as bleachers, nets, divider nets, benches. B. Any other items that are sitting on the surface to be worked on that are not permanent fixtures. West Oso Tennis Courts 13132 - 1 0520 /H.E.B. TENNIS CENTER IMPROVEMENT PROJECT 2.02 GROUNDSKEFPINC, A. All flora must be eradicated from the subject battery of courts prior to placing the divorcing membrane. Apply any commercially available herbicide (such as Round -Up) to all existing flora. Reinspect flora and reapply herbicide ten days after initial application in order to eradicate any new sprouts. Reinspect and reapply every ten days until such time as the divorcing membrane fabric has been placed. The court battery must be tree 01 all flora prior to placement of the divorcing membrane fabric. Thoroughly remove all dead flora, loose aggregates, mold & mildew and all other deleterious material from the existing battery surface. The existing surface must be free of flora (either dead or alive) and all other loose material prior to placing the divorcing membrane fabric. B. Any deposits of caked on dirt must be removed and cleaned. Built up dirt can trap moisture and may take days to completely dry out after cleaning and washing of the surface area. 2.03 SECURITY A . The staff at the school shall be notified of the dates the court(s) will be closed. Especially gym classes that may use the courts during the renovation period. B. The work area shall be secured as best as possible by locking all gates that will not be used and placing signage warning of the court being closed during renovation. 3.01 COLOR COATING APPLICATION A. The acrylic color coating shall be an Advantage 100% acrylic color coating system specifically designed for installing on concrete and asphalt substrates or approved alternate. 13 The color coating material will have silica sand added to it for the desired speed of play. C Note: Unless otherwise requested the speed of play will be medium. Fast or slow speeds shall be installed at the owner's request. 3.02 SYSTEM COMPONENTS A VEGETATION STERILANT: (Roundup or equal) shall be used to control vegetation along edges and in cracks as needed. B ASPHALT EMULSION CRACK SEALANT: Vance Brothers Asphalt Emulsion crack sealer shall be used for cracks in the substrate or approved equal. C. LATEX BASED CRACK SEALANT: Vance Brothers Advantage 100% latex Crack Flex shall be used on the smaller surface cracks or approved equal. LATEX BASED WITH SAND CRACK SEALER: Vance brothers Advantage 100% West Oso Tennis Courts 13132 - 2 0520 /1-1.E.B. TENNIS CENTER IMPROVEMENT PROJECT latex based crack sealer with sand added as a fortifier and for texture shall be used in larger cracks or approved equal. Note: The above crack sealers will be used as determined by the Contractor and /or Architect All or just one may be used per job surface conditions, weather and temperatures. PATCH BINDER PATCHING MATERIAL: Advantage 100% acrylic latex patch binder shall be used to fill bird bathes and other imperfections. It will be used for irregularities that need to be filled or evened out and smoothed over. This product also will be used to fill very large thermal and structural cracks. All water ponding areas which are found to be deeper than 1/8" shall be patched and leveled such that their depth is less than 1/8'' i LATEX PRIMER: Advantage concrete primer will be used to prime bare asphalt both old and new prior to applying any color coating. H ADVANTAGE ACRYLIC FILL: The acrylic resurfacer is used to prime, level and create a uniform surface to apply the color coating to. It also will black out the courts to hide color bleed through if colors are going to be changed. ADVANTAGE SPORT COLORING SYSTEM: Advantage color coating is a 100% acrylic concentrate designed specifically for color coating sport courts both indoor and outdoor. The concentrate is diluted with potable water and sand is added for texture and the desired speed of play. J ADVANTAGE LINE SHARP: Line sharp is used to seal the tape down prior to applying line paint. The product is clear in color. This helps to prevent bleed through. K ADVANTAGE LINE PAINT: Line paint is 100% latex heavy -duty paint specifically designed for striping game lines on a colored surface. 4.01 QUALITY ASSURANCE A Pre - construction meeting. A meeting will be held on the courts prior to any work beginning. The Contractor will go over the scope of work with the owner and answer any questions. The owner will sign off on a production sheet attesting to the fact that this meeting took place. 13 Material check off. The material will be inventoried with the owner to determine that the right amount of material and the right colors have been shipped or brought to the job site. C The owner's representative will be contacted daily by the Contractor to give a progress report A meeting will be held after the surface has been installed to ok the surface. A production sign off sheet will be reviewed with the owner at which time the owner will approve the project by signing off on the production sheet. West Oso Tennis Courts 13132 - 3 0520 /11 . E.B. TENNIS CENTER IMPROVEMENT PROJECT 4 02 SUBSTRATE (B.A.SE; A. Install SS IH oil as an adhesion promoter between the old and new surface. B. Install Petro tack on all cracks greater than l "4" or approved equal. ('. Install Petro chemical fabric to the entire surface area to be overlaid or approved equal. 4.03 ASPHALT SURFACE FINISH COURSE Install a 2" lift of hot mix after compaction, as the finish course. 13. Surface tolerance of not more than 1/8" variance in any 10 `direction. �'- Finish course aggregate will be 1/2" or smaller. D. NOTE: The aggregate shall be washed twice to reduce the amount of clay. This will help prevent pockmarks from clay balls washing out of the surface and will reduce the alkaline and shale content. E. NOTE: Add 1% more asphalt binder to the standard State road mix to help eliminate stripping. This will help reduce the break down of the binder surrounding the aggregate since there will be no wheel traffic to continuously pack the asphalt. 4.04 (`LEANING A, The entire surface areas to be coated shall be blown off using high - pressure wind machines. Any areas that need additional attention shall be wire brushed as needed. Heavily soiled areas may be power washed if deemed necessary. 4.05 REPAIR OF LOW SPOTS A An acrylic patch binder, "patching primer" will be used to prime low areas. B All areas needing patched will have an acrylic patch binder mix applied. C The patched areas will be sanded prior to color coating. 4.06 ACRYLIC RESURFACER Two (2) coat of "Advantage" fortified, 100°%o acrylic fill will be applied over the entire surface or approved equal. B. Silica sand will be added to the coat at a 60 -80 mesh. West Oso Tennis Courts 13132 - 4 0520 /H E.B. TENNIS CENTER IMPROVEMENT PROJECT 4.07 COLOR COATIN�3 Two (2) coats of "Advantage" fortified, 100% acrylic color coating will be applied or approN ed equal 11 The color coat will be applied perpendicular to the primer coat. Sample color sheet of choices will be submitted. NOTE: Blue inbound and Red outbound is expected 4.08 LINE STRIPING A The courts will be laid out for striping according to the U.S. Tennis Association. B Textured white line paint will be used. 4.09 JOB SITE CLEAN UP A The court area will be left "play" ready. 13 All job related waste will be disposed of properly. 4.10 WARRANTY A There will be a three -year warranty on materials and labor. Color coat only. All other work will carry a one (I) year. 4.11 NET POST INSTALLATION: A Removal: 1 An 18" x18" square around the net post center point will be dug out. 2 The existing footing material will be removed and the existing net post. Net Post Footings 1 An 18 "x18 "x 36" deep bell shape footing will be dug. The top will be 18 "x 18 ". The base will be 2'6" x 2'x6 ". 2. New. heavy steel, net post sleeves will be placed in the wet concrete footings. 3. See attached diagram for details. C. Footings, Center Tie Down: 1. The existing center tie down will be removed. Z w o West Oso Tennis Courts b 13132 -5 2tw 0520'H E.B. TENNIS CENTER IMPROVEMENT PROJECT D,g a 12" x 12" top x 15" deep x 15" x 15" base bell shaped footing. Pour concrete into footing flush with court surface and insert the new heavy steel center tie down anchor. 1) Net Posts New net post will be installed. 2. Edwards Wimbledon, 3.15" square box section steel, with brass internal wind mechanism will be used. Green or black polyester powder- coated paint will be used. 3. A 1'x 1. square center tie down anchor will be installed flush mount centered. 1 Net 1 An Edwards 3OLS Net with strap will be installed. F Fence Fabric: 1. See Specification Section 13130. G. Windscreen: 1 See Specification Section 13130. END OF SECTION West Oso Tennis Courts 13132 - 6 PART C FEDERAL WAGE RATES AND REQUIREMENTS Addendum No. 1 Attachment No. 3 Page 1 of 72 General Decision Number TX030039 06/13/2003 TX39 Superseded General Decision No TX020039 State. TEXAS Construction Type; HEAVY County (ies) : NUECES SAN PATRICIO HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 06/13/2003 COUNTY(ies): NUECES SAN PATRICIO SUTX2052A 12/01/1987 CARPENTERS (Excluding Form Setting) CONCRETE FINISHER ELECTRICIAN LABORERS: Common Utility POWER EQUIPMENT OPERATORS: Backhoe Motor Grader Rates $ 9.05 7.56 13.37 5.64 7.68 9.21 8.72 Fringes 2.58 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)) In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination http : / /www.wdol. gov /wdol/scafiles/davisbacon/TX39. dvb Addendum No. 1 Attachment No. 3 Paee 2 of 72 12/9/2005 * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling �n 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 Cons.ti_tu.tion Avenue, N. W. Washington, D. C. 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 Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 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 to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 0 http://www.wdol.gov/wdoUscafiles/davisbacon/TX39.dvb Page 2of2 Addendum No. 1 Attachment No. 3 Paee 3 of 72 1 'loi'nnc FEDERALLY REQUIRED LANGUAGE Addendum No. 1 Attachment No. 3 Pate 4 of 72 EEO Certification Addendum No. 1 Attachment No. 3 Page 5 of 72 Equal Employment Opportunity Certification Fvicerpt From 41 CFR §60- 1.4(b) U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Department of Veterans Affairs 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 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that 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 pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause The contractor will, in all solicitations or advertisements for sniployees 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. (3) 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 conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regu- Iations and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports re- quired by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compli- ance with such rules, regulations, and orders. Finn Name and Address (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be 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 Executive 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 (1) and the provisions ofpara- graphs (1) 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 employment 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 will 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 discharge 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 subject to Executive Order 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 by rn 0 ZZN big tone Huo -92010 (1n2) 1 VA form 26-421 ° y u w d-04 upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the F'oocutive order. In addition, the applicant agrees that if it fails or es to comply with these undertakings, the administering t.b_acy may take any or all of the following actions: Cancel, terminate, or suspen d 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 200.410Definition of term "applicant ". (a) In multifamily housing transactions where controls over the mortgagor are exercised by the 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 Opportunity 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 performance of this contract, the contractor agrees u follows: Al) 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 treated 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 ofpayorother forms of compensation; 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 contractor will in all solicitations or advertisements for employees placed by or on behalf of the 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 which he 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 contractor's commitments under this section, and shall 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 of March 61961, as amended, and of the regulations, and relevant orders of the President's Commit- ** on Equal Employment Opportunity created thereby. (5) The contractor will furnish all information and reports required by Executive Order 10925 of March 6, 1961, 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 rind 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 of the 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 the 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 involved. 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 indefinite 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 z z commercial supplies and raw materials, or $ 10,000 in the E a c case of all other contracts and subcontracts. o o v form HUD - 92010 (V$2) y g a+ VA form 2e-421 Q d Section 3 Certification Addendum No. 1 Attachment No. 3 Page 8 of 72 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 he /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. Signed: Date: Title: COMPANY: Addendum No. 1 Attachment No. 3 Page 9 of 72 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. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic o HUD assistance or HUD- assisted projects covered by section 3, shall, to the 1egr atesta extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing. 13. 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, notice advising the labor organization or workers' representative of the contractor's mmitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment p yment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment p oP o rtunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. Addendum No. 1 Attachment No. 3 Page 10 of 72 F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(1)). Addendum No. 1 Attachment No. 3 Page 11 of 72 Executive Order 11246 Equal Employment Opportunity Addendum No. 1 Attachment No. 3 Pate 12 of 72 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 11 - 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 this 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. ESec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B - Contractors' Agreements SEC. 202. Except In contracts exempted In accordance with Section 204 of this Order, all Government contracting agencies shall include 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 will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, 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 will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice; to be provided by the agency contracting officer, advising the labor union or workers' representative of the contra'ctor's commitments under Section 202 of Executive Order No 11246 of September 24, 1965; and shall past copies of the notice in conspicuous places available to employees and applicants for employment. -.,M 4Z°n o E M E� TS et el TS -tt (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 leptember 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, 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. 2301 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 shall 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 shall Include such information as to such labor union's or agency's practices and policies affecting compliance as 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 authorized 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 . nformation, to the effect that the signer's practices and polides do not discriminate 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 recruitment, 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 national interest so require, exempt a contracting the provisions of Section 202 of this Order in any the Secretary deems that special circumstances in the agency from the requirement of including any or all of 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, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 - 77144] 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 Govemment contractor or subcontractor to determine whether or not the contractual provisions specified 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 Govemment contractor or subcontractor which allege discrimination contrary to the contractual provisions specified 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 supervIsI►g 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. [Sec. 207 amended by E0 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 208. The Secretary of Labor, or any agency, 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 D - 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 published, 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 rules, regulations, 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 Order, 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 agency, 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 contracts, or extensions or other modifications of existing contracts, with any non complying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry 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 conference, conciliation, mediation, and persuasion before proceedings shall' 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. ti ) [Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., o d P•, P. 230] Z z t: SEC. 210. � � © Whenever the Secretary of Labor makes a determination under Section 209, the Secretary 0 e a shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary b g and shall report the results of the action it has taken to the Secretary of Labor within such time as the d d Secretary shall spedfy. If the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. [Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] SEC. 211. If the Secretary shall 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. [Sec. 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)(5) 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 111 - 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, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Governmment 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 provisions 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 I1, Subpart D, 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 D, of this Order. Sec. 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, rehabliitation, alteration, conversion, extension, or repair of buildings, highways, or other Improvements 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 includes 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 performance 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 recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity 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. Addendum No. 1 (Sec. 401 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Attachment No. 3 Page 18 of 72 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 5n-sonnet 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. [Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264] 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. Addendum No. 1 Attachment No. 3 Paee19of72 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 follow and the good 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 COMPLIANCE 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 company officials; 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. ;. omplaints 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 involves 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 flied 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 conciliation 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 affirmative action requirements may have a formal hearing before an administrative law judge. If condliation is not reached before or after the hearing, sanctions may be imposed. For example, a contractor could lose its govemment 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. Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs. Addendum No. 1 Attachment No. 3 Page 21 of 72 Affirmative Action Plan Attachments Addendum No. 1 Attachment No. 3 Page 22 of 72 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the Job location for the benefit of interested parties, and all subcontractors will be so notified All Equal Opportunity posters will be displayed as required. -- — has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower - income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. ll use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on therHUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and /or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $ 10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. subcontractors will determine by craft and /or position the approximate manpower needs to complete the project. al The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer (prim) Name of EEO Officer COMPANY NAME: ADDRESS: PHONE NO.: SIGNATURE DATE SIGNATURE DATE Addendum No. 1 Attachment No. 3 Pape 23 of 72 Attachment #1 Anddpated and Actual Subcontracts Project #: Sponsor: The following list is intended to provide information on anticipated subcontracts and to provide a record of actual subcontracts. The final recd rd will be provided to HOD Equal Opportunity Division for their use as desired and to reflect affirmative compliance by this company. COMPLETE FOR SUBMISSION WITH BID I THIS PORTION IS FOR RECORD KEEPING PURPOSES AFTER RECEIVING CONTRACT Craft/ Specialty Approximate $ Amount ✓Date(start/end) Subcontractor (Name - Address) Proj. Area Business Yes 1 No Minority Owned Yes I No Sex/Race (Codes) Total: Goals for Subcontracts * Total $ to Area Businesses Total $ to Minority/ Women Businesses * Set dollar amount goals for awarding of contracts to Small or Disadvantaged. Area Businesses. Also set dour goals for awarding of contracts to businesses owned by minorities and women. 'Date - Approximate start and ending date of construction. *,. Racial Codes: I - Indian M - Male B - Black F - Female 11 - Hispanic W - White 0 - Other Addendum No. 1 Attachment No. 3 Page 24 of 72 )ate: Attachment #2 CURRENT EMPLOYMENT Company: Project #: Sponsor: Contract #: )ur company (Is) or (is not) located In and (is) or (Is not) owned by residents of the Project Area. he positions and employees reflected below represent the present employment of the Company As vacancies occur or new positions are established, ue will attempt to maintain at least • % of the workforce from the Project Area. C Use figures arrived at on Attachment #3.) Position Name & Address Project Area Resident Yes No Sex/Race (Codes) ■ peed: !e: Rude al employees related to this job including administrative and clerical staff. Racial Codes: I- Indian M - Male B- Black F - Female H - Hispanic W- White 0- Other Addendum No. 1 Attachment No. 3 Page 25 of 72 ATTACHMENT # 3 PROJECTED WORKFORCE NEEDS COMPANY PROJECT # SPONSOR CONTRACT # : 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 of 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 'Total Read Journeyman Apprentice Trainee THIS SECTION FOR RECORD KEEPING PURPOSES ONLY Number from Project Area (Goals) Journeyman Apprentice Trainee prox ma e Racial Codes: I - Indian B - Black S /A� Spanish American W White 0 - Other M - Male F - Female o e: ee b men exapm e o notification to recruitment sources. *Minority & Women Goals • Low income Resident Goals Set Goals as indicated above for submission with bid. Addendum No. 1 Attachment No. 3 Pave 26 of 72 Attachment # 3A SAMPLE LETTER TO RECRUITMENT SOURCES Gentlemen: (Connector 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 recruk 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 designated area of the project is : The City of Corpus Christi. The crafts (by classification) shown below reflect our primary needs for manpower. i Craft Journeyman .Apprentice Our hiring office is located at:. Your assistance In our recruiting efforts will be appreciated. Sincerely, Addendum No. 1 Attachment No. 3 Paee 27 of 72 Affirmative Action Quarterly Report Addendum No. 1 Attachment No. 3 Pape 28 of 72 AFFIRMATIVE ACTION PLAN QUARTERLY REPORT Name of Company: Date: Address: Project No. : Project Name: Telephone: Location: SUGGESTED QUARTERLY REPORT A Quarterly Report will be submitted to the Equal Opportunity Office of HUI /three months ale alkir 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. MU1 cA NT FLOW: IE t M1 NATI ON,. DATA: 111111111111123 1111111111111111 White Non - Minority i-Iked Female Hispanic Male FASO S FOR TERMINATIO Female Black Male Female Other Male Female • Total Female Addendum No. 1 Attachment No. 3 Paee 29 of 72 Appendix A to Part 84— Contract Provisions Title 24: Housing and Urban Development PART 84— UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGR,EMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON - PROFIT ORGANIZATIONS 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—Au 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) —All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shalt 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 Pubic 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 U.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 Goveming 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 Tess 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 determination. The recipient shall report all suspected or reported violations to HUD. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) —Where applicable, all contracts awarded by recipients in excess of $2000 for Addendum No. 1 Attachment No. 3 Page 30 of 72 construction contracts and in excess of $2500 for other contracts that involve the empbyment 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 permissible provided that the worker is compensated at a rate of not Tess 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 performance of experimental, developmental, or research work shall provide for the rights of the Federal Govemment 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 Govemment Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. 6. C lean 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 Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 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, 'Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by Addendum No. 1 Attachment No. 3 Pape 31 of 72 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 Addendum No. .1 Attachment No. 3 Pane 32 of 72 Workers Compensation Coverage Is an Statutory Requirement for the Prime Contractor and all Sub- contractors. Prior to construction work starts 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 project for the duration of the project, until is completed and accepted by NSD. All certificates of insurance shall be accepted by City of Corpus Christi Risk Management 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. Addendum No. 1 Attachment No. 3 Pave 33 of 72 Debarment and Suspension 24 CFR 84 OF Addendum No. 1 Attachment No. 3 Page 34 of 72 m > J > CFR Home 1 ;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 E TH INSTITUT ONS OF HIGHER EDUCATION HOSPITALS OTI R NON - PROFIT ORGANIZATIONS Subpart B— Pre -Award Requirements Browse Previous j Browse Next § 84.13 Debarment and suspension; Drug -Free Workplace. (a) HUD 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 CFR part 24. This common rule restricts subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. (b) HUD 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 CFR part 24, subpart F. $rowse Previous J3rowse Next For questions or comments regarding e-CFR editorial content features, or design, email ecfr@nara.gov. For questions concerning e-CFR programming and delivery issues; email wgigianagouny. Last updated: February 18, 2004 Pilief:fr.gpoaceess.eov /Oei/t/t xt/ text- itherte =e finercii,Y= n7fAA21.02C01.7[Fn .cI 771(17_ 1 1 _1 n Addendum No. 1 Attachment No. 3 Page 35 of 72 EPA Requirements Addendum No. 1 Attachment No. 3 Pape 36 of 72 All Construction Contracts Over $100,000.00 Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, and EPA Regulations of Non - Exempt Federal Contracts The Contractor shall comply with all applicable 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 rohibit the use under Non - Exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. Violations will be reported to HUD and to the USEPA Assistant Administrator for Enforcement (EN -329 Addendum No. 1 Attachment No. 3 Pave 37 of 72 FDA How 1 ar F_ DA_ Site 1 FDA A -Z Intel( FA 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, drinkin eating utensils g, or §4831. Use of lead - based. paint • (a) The Secretary of Health and Human Services shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead -based aint any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after January 13, 1971. P to • (b) Prohibition by Secretary of Housing and Urban Development constructed or rehabilitated by Federal Government or with Federal assistance The Secretary of use in residential structures of Housing and Urban Development shall take steps and impose such conditions as may be ry necessary or appropriate to prohibit the use of lead -based paint in residential structures constructed or rehabilitated by the Federal Govemment, or with Federal assist y after January 13, 1971. assistance in any form • (c) Prohibition by Consumer Product Safety Commission in application to toys or furniture articles The Consumer Product Safety Commission shall take such steps and impose conditions as may be necessary or appropriate to prohibit the application of lead such paint any toy or furniture article . p to FDA Home Pang ws P �_ 1 Search FDA Site I FDA A` x I Cont_FDA 1 Pnyaw I Acce— s_ si_bility FDA Website Ntanaaemeni Staff / www .fda.gov /ovacom/lawcnPA.to,,, Addendum No. 1 Attachment No. 3 Pave 38 of 72 Contract and Subcontract Activity Report (H U D -2516 FORM) Addendum No. 1 Attachment No. 3 Page 39 of 72 S. 1 9 1 0 1 a b E i 2 a a a 8 z g L' U • a a 5 5 I 8 4 ifs aal is t511. am v c°1123 = u tw zw o .. Zc e � o °" �E a o trc 3 .V by Tci i.gO1 4 C El ° 1- Oleo �r e7 r “!1.1 ¢u 11131 is s e d ri v e n n n n n` n n n n 11'6 A t o E; o i i 11.141111,111 p j w y o c a c > > °a E 3 a a a o U , n 4111111P t e x U E WeViiiii o` ti n s°' i ' m w '" E • E _ g : ° a r n : r i : _ h 3 E - m E ° E • r wolifyill a / U E Iii U i i E� 8 � ��p � $m °E oy i ia1w , „ °a = col, : Z, Z< gg F • � w 11.1. � hH � I) o€ i _ is „ifikpil ,..,, ...._i__,t9,, i , ,I hin - p I.. hilifillii i 81.1,0,, , ei .i ie n n n° g h n n g' c E E thini Ii'i;jH +e �$ �i�9 r1 °� �� $� E �Sp o La°i a iE =d w °LL ' to * ? qt s oil ! WI! �•I o u0: WIn g' � ; E ilg 121 °= i° • i l l � E •. 8 i . • •. . 'pw £ I t 1 n1 o EZ, E. 7 E ° E E Catv of a 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 are 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 Tess 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 Part 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 I(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 Tess 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. (1i) (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 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, wit 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 classification 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 30 -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)(1i)(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. (iii) 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 OMB 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 Addendum No 1 Attachment No. 3 D....... A 1 ..C'77 of the wages required by the contract, HUD or its designee may, after wrten 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 the 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 I(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)(1)(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 I(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 affected, 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.) (11) (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 tts 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 for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB 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)(1) 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. (1) 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 (07/2003) ref. Handbook 1344.1 Addendum No. 1 Attachment No. 3 D... -.. A 1 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. (11) 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 formal 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 tasted 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. (111) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 6. 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 thls paragraph. 7. Contract termination; debarment. 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 CFR 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. (1) 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 Davls -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. (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of 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, utters 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 thls 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 shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work In excess of 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.) 344.1 Addendum No. 1 Attachment No. 3 Poem AA ..f '71 graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for 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 of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such Individual was required or permit- ted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of 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 necessary to satisfy any liabilities of such con- tractor or subcontractor for unpaid wages and liquidated damages as provided in the clause 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 safety and health standards promulgated by the Sec- retary of 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 Page 4of4 form HUD -4010 (07/2003) ref. Handbook 1344.1 Addendum No. 1 Attachment No. 3 Pape 45 of 72 Field Requirements and Project Sign Addendum No. 1 Attachment No. 3 Pape 46 of 72 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 CDBG 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. Addendum No. 1 Attachment No. 3 Pave 47 of 72 NOTICE TO ALL EMPLOYEES Working on Federal or Federally Financed Construction Projects MINIMUM WAGES OVERTIME APPRENTICES 7PER PAY led March 2004 +SUblication 1321 You must be paid not Tess 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. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. 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. U.S. Department of Labor Employment Standards Administration Wage and Hour Division Addendum No. 1 Attachment No. 3 Page 4R of 72 SECTION 3 NOTICE EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH HUD ASSISTED PROJECTS This project is covered by the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended. g TO THE MAXIMUM EXTENT FEASIBLE, OPPORTUNITIES FOR TRAINING AND JOBS ARISING IN CONNECTION WITH HUD- ASSISTED PROJECT, WILL BE GIVEN TO LOWER INCOME RESIDENTS OF THE PROJECT AREA. TO THE MAXIMUM EXTENT FEASIBLE, WE WILL UTILIZE SMALL BUSINESS CONCERNS LOCATED IN, OR SUSTANTIALLY OWNED BY, RESIDENTS OF THE PROJECT AREA, IN THE AWARD OF CONTRACTS AND PURCHASE OF SERVICES AND SUPPLIES. Any lower income resident seeking training or employment or an other business concern located in or substantially owned any residing in the y caned by persons g 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 Addendum No. 1 Attachment No. 3 Page 49 of 72 Red Background White Background Blue Background Locates 9h where it is most visible to the public. Sign is ade from a 4' x 8' sheet of 3/4" plywood. White Letters Black Letters White Letters Addenddm No. 1 Attachment No. 3 Page 50 of 72 Addendum No. 1 Attachment No. 3 Page 51 of 72 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 dasses of laborers and mechanics which shah 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 dvil 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. spedfications, 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 easily 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 employed by the contractor 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, terminate 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 Addendum No. 1 Attachment No. 3 Page 52 of 72 contract any wages found to be due laborers and mechanics pursuant to this Act; and the Comptroller 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 Numbered 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." Approved, August 30, 1935. AMENDMENT AN ACT To require the payment of prevailing rates of wages on Federal public 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 relating 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 Columbia ";and by striking out the words "or other dvlf 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 t� invitations for blds outstanding on the date of enactment of this Act. Addendum No. 1 Attachment No. 3 Page 53 of 72 Approved, June 15, 1940. f40 U.S. Code, sec. 276a -71 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 -5 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, 55 Stat. 658. AMENDMENT July 2, 1964 AN ACT To amend the prevailing 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 amended; 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 following new subsection (b); "(b) 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 amount 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 program; and (B) the rate of costs to the contractor or subcontractor which may be reasonably antidpated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a finandally responsible plan or program which was communicated in writing to the laborers and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sidmess Insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide 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 contractor 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 commitment 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 payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to In paragraph (2). "In 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 computed) 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 Addendum No. 1 Attachment No. 3 Page 54 of 72 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." Sec. 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 Davis- Bacon Act, as amended (40 U.S.C. 276a -- 276a -5)" after the words "Secretary of Labor, ". Sec. 3. Section 212(a) of the National Housing Act, as amended (53 Stat. 208, as amended; 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.0 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, during 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. Addendum No. 1 Attachment No. 3 Page 55 of 72 SAMPLE of Prevailing Wage Rates Addendum No. 1 Attachment No. 3 Page 56 of 72 GENERAL DECISION; TX20030063 12/24/2004 TX63 Date: December 24, 2004 General Decision Number: TX20030063 12 :24/2004 Superseded general. Decision Number TX020063 ate T -x r?str _ct is Types: Bui ld: ng 7aunties; Nieces and San 1atri-.io Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Butial`n5 (Pro d Modification Number Publication Date 06/13/2003 02/13/2004 05/28/2004 12/24/2004 * BRTX0001 -005 07/01/2004 Rates Fringes Bricklayer $ 17.95 5.20 ELECO278 -001 09/01/2003 Rates Fringes Electrician $ 17.25 5.28 IRON0066 -002 01/01/2003 Rates Fringes Ironworker .................. .$ 16.10 4.65 PAIN1008 -002 07/01/2002 Rates Fringes Painter. $ 12.50 1.30 SUTX1987 -002 03/01/1987 Rates Carpenter $ 9.96 Cement Mason /Finisher... ..... $ 12.50 Laborer $ 5.56 Mason Tender $ 7,14 Plumbers and Pipefitters (Including HVAC) ... $ 10.05 Power equipment operators: Backhoe. ....$ 7.84 Roofer .........................$ 9.20 Truck Driver $ 7.50 Fringes WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. sage=== sxeees.e —ez Addendum No. 1 Attachment No. 3 Page 57 of 72 http : / /frwebgate. access. gpo .gov /cgi- bin/getdoc.cai ?dbname= Davis- Bacon &docid= TX2003.._ 6/10/2005 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5 . 5 (a) (1) (ii)). rage 01 i J. the listing above, he "SU" designation means that rat listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designatio indicate urions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1 Has there been an initial decision in the matter? This can be an existing published wage 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 dontact 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.) 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 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. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Addendum No. 1 Attachment No. 3 Page 58 of 72 http: //f webgate. access. gpo .gov /cgi- bin/getdoc.cgi ?dbname= Davis- Bacon &docid= TX2003. _ . 6/10/9On Washington, DC 20210 Page 3 of 3 4..1 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Addendum No. 1 Attachment No. 3 Page 59 of 72 http: / /frwebeate. access.e no .eovicei- bin/¢etdoc.cai ?dbname= Davis - Bacon &docid= TX2(Nl1 6/1 n/)nnS GENERAL DECISION: TX20030122 02/25/2005 TX122 Date: February 25, 2005 General Decision Number: TX20030122 02/25/2005 State: Texas nstruct ic Types: Heavy and Highway Counties: Nueces, San Patiicio and Victoria Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS texcluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number SUTX2005 -007 11/09/2004 Publication Date 01/28/2005 02/18/2005 02/25/2005 Rates Fringes Asphalt Distributor Operator. .$ 12.42 0.00 Asphalt paving machine operator$ 11.57 0.00 Asphalt Raker ........... .... .$ 9.36 0.00 Bulldozer operator.,..... $ 10.90 0.00 Carpenter. ........ $ 10.71 0.00 Concrete Finisher, Paving.... $ 12.18 0.00 Concrete Finisher, Structures $ 11.16 0.00 Concrete Rubber $ 10.50 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator.. .............. $ 12.55 0.00 Flagger $ 7.17 0.00 Form Builder /Setter, Structures$ 11.47 0.00 Form Setter, Paving & Curb$ 9.65 0.00 Foundation Drill Operator, Truck Mounted $ 15.32 0.00 Front End Loader Operator. $ 10.05 0.00 Laborer, common $ 8.35 0.00 Laborer, Utility $ 9.09 0.00 Mechanic $ 13.17 0.00 Motor Grader Operator, Fine Grade $ 13.78 0.00 Motor Grader Operator, Rough$ 15.00 0.00 Pipelayer $ 9.00 0.00 Roller Operator, Pneumatic, Self - Propelled ................ $ 8.57 0.00 Roller Operator, Steel Wheel, Flat Wheel /Tamping..........., $ 8.57 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement........ ... $ 9.49 0.00 Scraper Operator...... $ 9.67 0.00 Servicer $ 10.75 0.00 Structural Steel Worker $ 14.00 0.00 Truck driver, lowboy - Float. $ 14.15 0.00 Truck driver, Single Axle, Heavy $ 11.39 0.00 Truck driver, Single Axle, Light $ 9.00 0.00 Truck Driver, Tandem Axle, Semi - Trailer $ 9.39 0.00 Page 1 of 3 http : / /frwebgate. access. gpo .gov /cgi- bin/getdoc.cgi ?dbname= Davis -B acon &dncid= Tx2nnl Addendum No. 1 Attachment No. 3 Page60of72 F/1 n /'(Inc tent AcU di ~Welder $ 18.00 Work Zone Barricade Servicer$ 8.97 0.00 0.00 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needel for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (19CFR 5.5 a) (1) (Li`). In the listing above, the "SU" designation means that; 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. Page 2 of 3 WAGE DETERMINATION APPEALS PROCESS 1 Has there been an initial decision in the matter? This can he • an existing published wage 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.) 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 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. httn:! /ffwebgate. access. eno .gov /cgi- bin/eetdoc.cgi ?dbname= Davis -R acnnBrdnoid= TX ?nnl Addendum No. 1 Attachment No. 3 Page 61 of 72 f /ifIonns 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department cf Labor 20C Constitution Avenue, N.W. Washington, DC 20'10 All decisions by the Administrative Review Board are final. END OE GENERAL DECISION Page 3 of 3 Addendum No. 1 Attachment No. 3 Page 62 of 72 http: / /frwebgate. access. gpo .gov /cgi- bin/getdoc.cgi ?dbname= Davis- Baam &dncid= TX2nn1 6/1 nminc HUP-li FORM (TO BE COMPLETED BY CONSULTANT A/E OR CONSTRUCTION OBSERVATION PERSONNEL) for use when conducting Contractor - Employee Interviews Addendum No. 1 Attachment No. 3 Page 63 of 72 Record of U.S. Department of Housing Employee Interview and Urban Development Office of Labor Relations Public reporting burden for this collection of information is estimated to average 15 minutes per response, Including the time for reviewing instructions, searching existing data sources, gathedng 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 this form, unless it daptays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers. The information collected will assist HUD in the conduct of compliance monitoring; the information will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive information. The Information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained The information collected herein Is voluntary, and any Information provided shall be kept confidential. OMB Approval No. 2501 -0009 (exp. 08/31 /2007) 1a ProJect Name J 2a Employee Name 1b. Project Number 1c. Contractor or Subcontractor (Employer) 3a. How long on this ob? 2b Employee Phone Number (including area code) 2c. Employee Home Address & Zip Code 2d. Verification of identification? Yes n No n 3b. Last date on this job before today? 3c. No. of hours last day on this job? 4a. Hourly rate of pay? 5 Your job classiflcation(s) (list all) — continue on a separate sheet if necessary 4b. Fringe Benefits? Vacation Yes ❑ No ❑ Medical Yes ❑ No ❑ Pension Yes ❑ No ❑ 4c. Pay stub? Yes ❑ No ❑ Are you an apprentice or trainee? 1. Are you paid for all hours worked? 2a. Employee Signature 10. Are you paid at least time and % for all hours worked in excess of 40 In a week? 11. Have you ever been threatened or coerced Into giving up any part of your pay? 12b. Date 3. Duties observed by the Interviewer (Please be specific.) 4. Remarks Y N ❑ ❑ ❑ ❑ 5a. interviewer name (please print) 15b. Signature of Interviewer 15c. Date of Interview 'ayroll Examination 5. Remarks 'a. Signature of Payroll Examiner 17b. Date vious editions are obsolete Page I of 2 Addendum No. 1 Attachment No. 3 Page 64 of 72 form HUD -11 (08/2004) Instructions General: This forth is to be used by HUD and local agency staff for recording information gathered during on -site interviews with laborers and mechanics employed on projects subject to Federal prevailing wage requirements. Typically, the staff that will conduct on -site interviews and use this form are HUD staff and fee construction inspectors, HUD Labor Relations staff, and local agency labor standards contract monitors. Information recorded on the form HUD -11 is evaluated for general compliance and compared to certified payroll reports submitted by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement actions in the event of labor standards violations The thoroughness and accuracy of the information gathered during interviews is crucial. Note that the interview itself and the information collected on the form HUD -11 are considered confidential. Interviews should be conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer's request. The 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) Completing the form HUD -11 Items 1 a - 1 c: Self- explanatory Items 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 license) 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 stub is consistent with the information provided by the employee. Items 5 — 7: Be certain that the employee's responses are specific. For example, job classification ( #5) must identify the trade involved (e.g., carpenter, Electrician, Plumber) — responses such as "joumeyman" or "mechanic" are not helpful for our purposes. terns 8 — 12b: Self - explanatory terns 13 — 15c: These items represent some of the most important information that can be gathered while conducting on -site interviews. tease' be specific about the duties you observed the employee performing. It may be easiest to make these observations before initiating the nterview. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was working with a crew, tow many workers were in the crew? Was the employee evasive? the level of specificity that is warranted is directly related to the extent to which interview(s) or other observations indicate that there may be notations present. If interviews indicate that there may be underpayments involving a particular trade(s), the interviewer is encouraged to nterview as many workers in that trade(s) that are available. tams 16 — 17b: The information on the form HUD -11 may be reviewed for general compliance, initially. For example, are the job classification tnd wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties Ibserved by the interviewer consistent with the job classification? Moe the corresponding certified payroll reports are received, the information on the HUD -11 shall be compared to the payroll reports. Any ttscrepancies noted between the HUD -11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are toted, follow -up actions to resolve the discrepancies must be taken. tvious editions are obsolete Page 2 of 2 Addendum No. 1 Attachment No. 3 Page 65 of 72 form HUD= 11(08/2004) Addendum No. 1 Attachment No. 3 Page 66 of 72 Authorization for Signature of Payrolls Name of Company: Project Name: City. (contractor/ employer) authorize to sign the payrolls for my employees who work at the project. Signature Date Additional person(s) authorized for signatures of payrolls: Initial ( Initial ( ) (03/04) Addendum No. 1 Attachment No. 3 Page 67 of 72 Payroll Deduction Authorization This Is authorization to the to deduct from my Name of Enploye:0 paycheck $ 1 Loan 2 Retirement 3 Advance on Wages 4. Savings 5. Savings Bonds 6. Uniforms • This is for Item number(s): (circle item number(s)). Repayment of 7 Credit Union 8. Profit Sharing 9. Donations to Agencies 10. Insurance Premiums 11. Union Dues 'This dsducaon Is to be made: (Check appropriate box) 0 On e lime only Date: Employee's Signature: Printed or Typed Name: Project Name: 12. HUD Project Number: Weekly 131 - Weekly For Weeks Addendum No. 1 Attachment No. 3 Page 68 of 72 1 0 z 8 € Oh/ 0 0 0 Egg 610 O 2 A O 0 N O N O O O n 0 N 0 O n O O 0 6 8,51g A -5 U.S. Department of Labor Wage and Hour Division STATEMENT OF COMPLIANCE Form Approved Budget Bureau No. 44 -R1093 (Name of signatory party) ('title) do hereby state: (1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) that during the payroll period conunencing on the__ day of , 19 and ending the day of , 19__, all persons employed on said project 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 weekly wages earned by any person and that no deductions have been made either (Contractor or Subcontractor) directly or indirectly from the full wages earned by any person, other than pernussible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as Amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage det5ennination incorporated into the contract; that the classifications set forth therin for each laborer or mechanic conform iwht the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprentice- ship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United State Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll payments of fringe benefits as 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 DEach Laborer or mechanic listed in the above referenced 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 A-6 Addendum No. 1 Attachment No. 3 Page 70 of 72 EXCEPTIONS (CRAFT) Remarks Name and Title Signature ( ralithl fat estim (Any of the above atal may subject the contractor or subcontracts to civil or criminal portion. See section 1001 of title 18 and ...kn 241 of die 31 of the United States code. Form WH-thtR rilian v.;..r.... NJ. e,:... Yom. _ _ a:..__. A-6 Addendum No. 1 Attachment No. 3 Page 70 of 72 For Week Ending IT y C O 3 .rs t 3 = 8 IT, V o gr L. r o .p4 0 o ° N m to gmr E :g'` >t•jom .00 0 oo (,) w v� t- u: 6 i- O Li o z o w it 0. c o O C N O E .0 t E 0 .c v I co o 5aa) c •. o'NaC O O o N 0 ?. o .) Eo 0 To 0. O 0. L 0 �4 o 41) m ma ;c3> 13 c W o O �o m a �Y Fo o cE2 E o 6= o = G Y_ C o 0 p 8 y 0 n1;1'• c a6W F dao cad ui 0 im I t I c c v 10 N co Q .a e c n v i o c a m m . g t a a S � • Y N € ` N • c = cs. E ii E ° 2 g m z� O O -0 ,6 1 a .9 . I V 0aE1„3 bi jiilitt`'' if m . 1.tri k v ri elf 110°' r 2 M � g W v c c E V iv C N if o oo E$ 8 • { am ci ON S co Et w E 1 � c 8 I! Td, a a e cci P. fi 11 a a o � S 4 v C r„ M .O O r ` C Z C o E gam, N c r- ig of a �Q> o 'O a a m X m `m JD 46 o O • E c O 0 Q) • w E c 0) v E c N ,4 C C O O • 'C C O • E • • c h c E 2 C O. U 6 2 c gC C9 co a o _ gipp L $ C E a U r O aa) 2 J1�sOj o o z E E 0§ t8 Z $ a c N g N c a a. O ES i t 7, a W a7 > fx E 7 Yi a e • v II i E O ••B n 7 i t m m U c 0 • of z • O .„,ciki U E .t a'! a Vi N C t g -5 " _ 1- co 1Yi E g W ih 5. c a W t $ o f, a to Z m t a 0 1 1 1 g e ri oaf RI Page 1 of 1 ILl9- LO9(t9f) w►9L S 3i 'uswH3 Snd 1 O Ph 330 loll 6OOMUOS 6UN000J6U3 JO juOw.JOdaC SVX31 I1SldH0 S(idd00 JO .1110 , J aLiq Ni Iv �I II 1 - i NI a ti i s 3 1 i H 3 H V v w aA A a 103!Odd 1N AOddWl 3 d31N33 SINN31 83H Page 1 of 1 M1ANOS 610.10011j6U3 JO ;uwupodap SV'X31 11S121H0 Slidd00 to All0 gamoo 9IU1 IDOL ON08 103rOdd 1N3M3A0tVell d31N30 SINN31 83H I 10 to 0 tag .0G -.LC .V; Vf IOU SNP N .-I N Ill O W • 2 RI u W N • a, ADDENDUM NO. 1 SKETCH SHEET 3 Attachment No. 5 - 3 Page 1 of 1 1 ILLY- LSPIPC) *WM SVX31 'uSwla Sne 100 314110 141300 1011 ee01AJ9S 6Upeeu!6U3 Jo ;U9U4J0dea SvX31 11SldHO Sr1d21O0 Jo Alla 911Y.130 4. % V C `" I 1 N! ' S 1 73 1 I H 2i d d W 3 N X d • *00Z QN08 103rOdd 1N3W3A02IdWl 2131N30 SINN31 83H a, ADDENDUM NO. 1 SKETCH SHEET 3 Attachment No. 5 - 3 Page 1 of 1 1 tua- sa(tx) POW svxaz •acute sna cso MHO nv33o IOU *sows 6upoougou3 jo juau .Jodaa S1+�X31 I1S1dH3 Srld2103 Jo A110 Q,�d 'f '� Is 4. 1 :JN1 'SLM1H�HV VIIRNA4 1O3rOdd 1H3M3AO JdWl el31N30 SINN31 83H -- 1 i S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S OF' C O N T R A C T S A N D B O N D S F O R HEB Tennis Center Improvement Project Bond 2004 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 3276 IDRAWING NO: PBG-691 t.evised 7 ;loo) HEB Tennis Center Improvement Project BOND 2004 Table of Contents NOTICE TO BIDDERS Re. isea 7/5/0( NOTICE TO CONTRACTORS - A Rev sed Sept 200 I� S1 ranc€> Requirements NOTICE TO CONTRACTORS - B (Pevl sed 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For : iovernment Entities PART A - SPECIAL PROVISIONS Time and Place of Receiving Proposals /Pre Bid Meeting Definitions and Abbreviations Description of Project Meth?d of Award Item:_ to be Submitted with Proposal. Time of Completion /Liquidated Damages Workers Compensation insurance Coverage A 9 Faxed Proposals A 9 Acknowledgment of Addenda A 10 Wage Rates (Revised 7/5/00) it Cooperation with Public Agencies (Revised 7/5/00) A 12 Maintenance of Services A 13 Area Access and Traffic Control A 14 Construction Equipment Spillage and Tracking A i5 Excavation and Removals 6 Disposal /Salvage of Materials A 17 Field Office NOT USED A .8 Schedule and Sequence of Construction A 19 Construction Project Layout and Control A 20 Testing and Certification A 21 Project Signs A 22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (Revised 7 /5/00) NOT USED A 24 Surety. Bonds r- S- -Saks -Tax Exemption - -NO LONGER APPLICABLE (6/11/98) A 26 Supplemental Insurance Requirements A--17 Responsibility €er Damage Cl-aims NOT USED A 28 Considerations for Contract Award and Execution A 29 Contractor's Field Administration Staff A- i0 Amended "Considerat. ion of Contract" Requirements A 31 Amended Poicy on Extra Work and Change Orders A {2 Amended "Execution of Contract" Requirements A33 Conditions of Work A-34 Precedence of Contact Documents A 3- City Water Facilities Specia --t- Requirements NOT USED A ?6 Other Submittals (Revised 9/18/00) A -_7 Amended "Arrangement and-- Charge for Water Furnished—by the City" NOT USED A 8 Worke s Compensat on coverage for Building or Construction Projects for Government Entities A Certi`icate of Occupancy and Final Acceptance 40 Amendment to Section B -8 -6: Partial Estimates A- 41 Ozone Advioory NOT USED 142 OSHA Rules & Regulations 43 Amended Indemnification & Hold Harmless (9/98) A 44 Change Orders (4/26/99) A 45 As -Built Dimensions and Drawings (7/5/00) A 46 Disposal of Highly Chlorinated Water (7/5/00) NOT USED A 47 Pre C_ NOT USED A 48 A. 49 Overhead Electrical Wires (7/5/00) Amend "Maintenance Guaranty" (8/24/00) Attachment I -- Project Sign PART B - PART C - GENERAL PROVISIONS FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS SECTION 01100 SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES SECTION 01300 ADMINISTRATIVE REQUIREMENTS SECTION 01330 SUBMITTAL PROCEDURES SECTION 01400 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS SECTION 01600 PRODUCT REQUIREMENTS SECTION 01700 EXECUTION REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS SECTION 02225 - MINOR DEMOLITION FOR REMODELING SECTION 02821 - CHAIN LINK FENCES AND GATES SECTION 03300 - CAST -IN -PLACE CONCRETE SECTION 13130 -- POST TENSION CONCRETE OVERLAY TENNIS COURTS SECTION 13131 - RESURFACE - TENNIS COURTS LIGHT POLE PIER FOUNDATION Si- El LIGHT POLE DETAIL LIST OF DRAWINGS TITLE, INDEX & LOCATION MAP EXISTING SITE PLAN PROPOSED SITE PLAN SECTIONS & SITE DETAILS SECTIONS & SITE DETAILS TENNIS COURT OVERLAYS (COURTS #20, #21, #22 & #23) TENNIS COURT OVERLAYS (COURTS #7, #8, #11 & ##12) 8 NEW COURT DESIGN TYPICAL DETAILS AND GENERAL NOTE SHEET NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: HEB Tennis Center Improvement Project Bond 2004; consists of Base Bid for the construction of a post tension concrete overlay system over 8 existing asphalt tennis courts and resurfacing of 7 additional existing asphalt tennis courts including surface preparation, crack repairs, patching and painting. Alternate Bid Items include up to 3 additional concrete court overlays and resurfacing of 3 additional court existing asphalt courts, subject to availability of funding. Other work includes chain link fence repair and replacement, windscreen replacement, removal and installation of new net posts, tennis court lighting repairs and upgrades and the construction of a handicap ramp at the parking lot in accordance with the plans, specifications and contract documents wili be received at the office of the City Secretary until 2:00 p.m. on Wednesday, January 18, 2006, and then publicly opened and read. Any bid received after closing time will be returned unopened_ A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, January 11, 2006 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. Each bidder shall meet the qualifications referred to in Specification Section 13130, 1.4 Qualifications, A, B & C and Specification Section 13131, 1.5 Qualifications, A, b & C. A bid rond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two week:> of receipt of bids. Plans, proposal form;;, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a eon- 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 tit; 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 "it•' and in the test interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of coverage in he following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1 Commercial Form 2 Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. Independent Contractors 10. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH I1 OF THIS EXHIBIT $ 1 00,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include Long -tern environmental impact for the disposal of contaminants BUILDERS' RISK $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED Page l of 2 )The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. )The name of the project must be listed under "description of operations" on each certificate of insurance. )For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal_ Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES T-xas law requires that most contractors, subcontractors, and others :providing work or services for a City building or construction pro ec : must be covered by worker's compensation insurance, authorized self- _-.surance, or an apprcved worker's compensation coverage agreem r_t . Even if Texas yaw does not require a contractor, subcontractor or others performing project services (including deliveries to the job site 3 provide , of the 3 forms of worker's compensation coverage, the _Yv will require such coverage for all individuals providing work or e ::ices on this Project at any time, including during the main:t: ante guaranty - period. _ -rotor carriers which are required to regs.._*r with the Texas Depar:::ent of Transportation under Texas Civil Statut_s Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not . r':a'ide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees t3 comply with all applicable provisions of 7")(as Administrative Code Title 28, Section 110.110, a copy of which s attached and deemed incorporated into the project contract. Please -cote that under section 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contractors required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. By s :_c.:ing this Contract, the Contractor certifies that - will timely comb_.. -4ith these Notice to Contractors "B" requirements. NOTICE :C CONTRACTORS - 6 (Revises 1/13/98) Page 1 of 7 3/7 198 Title 2S. INSU_R� CE Part II. TEXAS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUIRED NOTICES OF COVERAGE Subchapter B. EMPLOYER NOTICES § 110.110 Reporting iReauirements for Building or Constriction Projects for Governmental Entities (a) The following words and terms, when used in this ruie, shall have the following meanings, unless the context clearly indicates otherwise. Terns not defined in this rule shall have the meaning defined in the Texas labor Code, if so defined. (1) Certificate of coverage (certificate copy of a certificate of i surance, a certificate of autiloriry to set- insure issued by the commission, cr a workers' compensation coverage agreement (TWCC -81, TWCC -32, TWCC -83, or 'I\VCC -S4), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, :or the duration of the project. (2) Building or construction -Has the meaning defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor -A person bidding for or awarded a building or construction project by a governmental entity (4) Coverage- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 401,011(44 (5) Coverage agreement -A written agreement on form TWCC -31, form TWCC -82, form DWG-83. or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties 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 responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been compieted arid accepted by the governmental entity. CT) Persons providing services on the prole^ ( "subcontractor" ii, § 406.096 of the Act)-With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This inciudes 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 services on the project. "cervices" includes but is not hu -uted http-ri ww scs_ state r.. ,vtac/2 11U1 i 0/B/1 10 110 htrrd NOTICE TO CONTRACTORS Revised 1/13/98) Page 2 of 7 8/7/98 T Cr runs c ,_ dervering equipment or m__.,r:ais. or cr cviding labor, transno:oa :icn, or other • ser ,c_ . to a proles:. 'Services' does not t .::::ce a ctrYlt.es unrelated to the proiec-, _;:ch s rood ,_,,.e ,�e vendors cx ce supply deliveries, ao.P. delivery of sortable toilets. (8) Pr ..: ec _crudes the cr: vision of all services re:a;ed to a bui ring or construction co :tact for a zovetoraema entity (b) Pro \iciinz or causing to be provided a certinez :e of coverage pursuant to this rule is a epres^ta c : by the insured that all employees of :he insured who are providing services on the proiec: are covered by workers' compensation coverage, that the coverage is based on proper reportmE of ciassifcation codes and payroll amounts, and that ail coverage agreements have been filed with the aperocriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or ;ailing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative cenalties., criminal penalties, civil penalties, or other civil actions. (c) A L'ever^m ental entity that enters into a building or construction contract on a project shall: (1) znc:ude in the bid specifications, all the provisions of parar apla (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of :he contract, 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 contracor 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 the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current 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 cerafcates of coverage to the commission upon request and to any person entities :o them oy law; and (7) use :he lar:_,rage contained in the following Fi2ur e i for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation-. T28S 1 I J. 1 1 0(c)(7) tbl httpl /.raw sos.state.tx_us./tacil'_S7111110f13/110 110 html NOTICE TO CONTRACTCRS - 3 Revised 1/13/98) Page 3 of 7 8/7/98 :; , A contractor snail :) provide coverage for its employees providing services on a project, for the duration of the project :sea on proper reporting of classiiication codes and payroll amounts and lr.2 of any coverage agreements; 2) provide a certificate of coverage snowing workers' compensation coverage to the governmental ritity prior to beginning work on the Droject; r3) provide the governmental emir;, prior to the end of the coverage period. a new certificate of overage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: ( A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on project; and ( 3) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain alI required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed 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 English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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. This includes persons providing, hauling, or delivering equipment or materials, or providing labor cr transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." http://www ww sos. stat e_ tx. u s/tad28/II/ 1 10/B/ 110.1 10. htmi NOTICE: TO CONTRACTORS - B Revised 1/13/90) Page 4 of 7 8/7/98 (8) contractually re :sire each „erson with when~ :: contracts : rovide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroii amounts and filing of any coverage aff eerrents for ail of its employees providing sevices on the project. for the duration of the project; (B) provide a certificztc of coverage to the contractor prior to that person beginning work on the projec (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section. (D) provide the contractor, prior to the end of :rte coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the corn: actor: (i) a ce.-tificate of coverage, prior to the other person beginning work on the project; rid (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 duration of the project: (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days 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 each other person with whom it contracts, 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 services. (e) A person 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 T.o beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage hap sos.state.tx usitad28/11/110/8/110.110.html NOTICE TO CONTRACTORS - B Revised 1/:3/98) Page 5 c1 7 8/7198 for u..e u :anon of oroiect, that the coverage will be 'cased on proper reporting of classification codes and payroll a::.ounts, and that ail coverage agreements will be filed with the appropriate insuran: carrier or, the case of a self - insured, with the commission's Division of Self- Insurance Retaliation. Providing false or misleading ir. ormation may subject the contractor to administrative penalties. criminal penalties, 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, it-the coverage period shown on the certificate of coverage ends during the duration of the projec (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proier.; (6) retain all required certificates 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 affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person imew or should have 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 fling of any coverage agreements 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 coverage ends during the duration of the project; (E) ootam from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ti) 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: /lwww sos.state.tx us/tac/28/11/110/B/110.110.html NOTICE TO CONTRACTORS - 8 Revised 1/13/98) Page 6 of 7 8/7/98 duration of :he contras (F) retain ail reauued certifica :es of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days 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 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 circ insurance 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 governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law 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 Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4G1). (i) The coverage requirement in this 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 from coverage in accordance with the Act, § 406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, I996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index http : / /www sos.state.tx.usitacl2S/II/1 1 dB /1 14 110 htmi NOTICE TO CONTRACTORS - B Revised 1/13/981 Page 7 of 7 8/7/98 PART A SPECIAL PROVISIONS HEB Tennis Center Improvement Project BOND 2004 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposal:; will be received in conformity with the official advertisement inviting kids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, January 18, 2006. Proposals mailed ->hould be addressed in the following manner: City of Corpus laristr City Secretary':, Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - HEB TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, January 11, 2006 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall; 1201 Leopard Street, Corpus Christi, TX. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section 8-1 of the General Provisions will govern. A -3 Description of Project This project consists of Base Bid for the construction of a post tension concrete overlay system over 8 existing asphalt tennis courts and resurfacing of 7 additional existing asphalt tennis courts including surface preparation, crack repairs, patching and painting. Alternate Bid Items include up to 3 additional concrete court overlays and resurfacing of 3 additional court existing asphalt courts, subject to availability of funding. Other work includes chain link fence repair and replacement, windscreen replacement, removal and installation of new net posts, tennis court lighting repairs and upgrades and the construction of a handicap ramp at the parking lot in accordance with the plans_, pecifications and contract documents A -4 Method of Award The Lids will be evaluated based on the following order of priority subject to the availability of funds: Total Base Bid, or Total Base Bid PLUS Additive Alternative No. 1, or Total Base Bid PLUS Additive Alternative No. 1 & 2, or Total Base Bid PLUS Additive Alternative No. 1, 2 & 3, or Total Base Bid PLUS Additive Alternative No, 1, 2, 3 & 4. Contractor shall guarantee bid for 60 days. The Cit, reserves the right: to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/04) Page 1 of 22 HEB Tennis Center Improvement Project BOND 2004 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Seale, proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, January 18, 2006. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - HEB TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 A pre bid meeting is echeduled for 10:00 a.m., Wednesday, January 11, 2006 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of Base Bid for the construction of a post tension concrete overlay system over 8 existing asphalt tennis courts and resurfacing of 7 Additional existing asphalt tennis courts including surface preparation, crack repairs, patching and painting. Alternate Bid Items include up to 3 additional concrete court overlays and resurfacing of 3 additional court existing asphalt eourts, subject to availability of funding. Other work includes chain fink fence repair and replacement, windscreen replacement, removal and instal atic n of new net posts, tennis court lighting repairs and upgrades and the : onstruction of a handicap ramp at the parking lot in accord, :ince with the plans, specifications and contract documents A -4 Method of Award The b,ds will be evaluated based on the following order of priority subject to the availability of funds: Total Base Bid, or Total Base Bid PLUS Additive Alternative No. 1, or Total Base Bid PLUS Additive Alternative No. 1 & 2, or Total Base Bid PLUS Additive Alternative No. 1, 2 & 3, or Total Base Bid PLUS Additive Alternative No. 1, 2, 3 & 4. Contrat.or shall guaran'_ee bid for 60 days. The Ci;y reserves tee reght to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/04) Page 1 of 22 Explanation of Proposal Base Bid Concrete overlay of eight (8) courts with reinstalled fencing and windscreens. Patch, paint and repair of 7 courts. Relocation of 2 existing tight poles and removal of 2 additional light poles. Additive Alternate #1 Paint Repair & Resurface Courts 13, 14 & 15 Additive Alternate #2 New Fence Fabric & New Windscreen w /electrical work Additive Alternate #3 New Court #24 w /new fence new fence fabric & new windscreen Additive Alternate #4 Overlay courts 3 & 4 and Backboard Repairs A -5 Items to be Submitted with Proposal The fc =flowing items are required to be submitted with the proposal: 1 5% Bid Bond (Must reference Proiect Name 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.) Disclosure of Interests Statement Each Bidder shall meet the qualifications referred to in Technical Specification 13130, 1.4 Qualifications A, B & C and Specification Section 13131, 1.5 Qualifications A, B & C. A -6 Time of Completion /Liquidated Damages The working time for completion of the project will be as follows: Base Base Base Base Base Bid, or Bid PLUS Additive Bid PLUS Additive Bid PLUS Additive Bid PLUS Additive Alternative Alternative Alternative Alternative No. No. No. No. 1, or 1 & 2, or 1, 2 & 3, 1, 2, 3 & 90 Calendar Days 105 Calendar Days 105 Calendar Days or 120 Calendar Days 4. 150 Calendar Days The Contractor shall r:;ornmence work within ten (10) calendar days after receipt_ of written, notice from the Director of Engineering Services or designee ( "City Engineer to proceed, but not before Monday March 13, 2006. Special precautions must be taken by the contractor to minimize disruption to adjacent courts not under construction. For each calendar day that- any work remains incomplete after the time specified in the contract or completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damage: are not imposed as a penalty but as an estimate of the damages that the C ty wi i ! _sustain from delay in completion of the work, which damages by their nature e not capable of precise proof. The Director Section A - SP (Revised 12/15/04) Page 2 of 22 of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If tne Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and eplacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rat- esewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will le assessed and paid even if the permitted time to complete the Project has hot expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B 2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non receipt. Since addenda can have significant impact on the proposal, failure o acknowledge receipt, and a subsequent interpretation of non receipt, coulc have an adverse effect when determining the lowest responsible bidder A -10 Wage Rates (Revised ?/5/00) Labor preference and wage rates for Heavy Construction. Minirrnun Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must net pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workmar:, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid tc each .ahrker Section A - SP (Revised 12/15/04) Page 3 of 22 The Contractor will make pi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. iSee section for Minority /Minority Business Enterprise Participation PolLc) for addition requirements concerning the proper form and content of the payroll uhnit gals ) One and one -half (13 times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See section B - -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall operating within the (48) hour notice to vicinity of any faci Company at 1-800-669- convenience, the foil. cooperate with all public and private agencies with facilities limits of the Project. The Contractor shall provide a forty -eight any applicable agency when work is anticipated to proceed in the lity by using Dig Tess 1- 800 - 344 -8377, the Lone Star Notification 8344, and the Verizon Dig ALERT 1- 800 - 483 -6279. For the Contractor's )wing telephone numbers are listed. City Engineer Dykema Architects, 'nc Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department: Streets & Solid Waste Services - CEP B C 'ity Street Div for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) (Fiber Optrc) C'APROCK (Fiber Optic; Brooks Fiber Optic (MAN) 880 -3500 882 -8171 880 -3540 882 -1911 857 -1880 857 -1818 885 -6900 857 -1881 880 -3461 857 -1970 299 -4833 881 -2511. (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) 857 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 -753 -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 Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction ci this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his ;_operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense In the event cf damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency tat .wns the utilities - Section A - SP (Revised 12/15/04) Page 4 of 22 Where existing sewers are encountered and are interfered with (i.e. broken, cut etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or around surface and 1ontractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also he Contractor's responsibility to make all necessary repairs, rel°ca ions and adjustments to the satisfaction of the City Engineer at no increase in the lont-act price. Materials for repairs, adjustments or relocations of sewer service vines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and tr: provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department ent All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation therefere, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 22 A -16 Disposal /Salvage of Materials Excess excavated other unwanted mat removed from the considered subsid Contractor material, broken erial becomes the site by the Con i.ary therefore, A -17 Field Office NOT USED The Contractor must furninh 4i-el-II-office at the construction site. The 12G-square -feet t - u-sea -le spade-se-941e- and-heated - and --must de-furnished with an -least 3011 x a0" and two- 4-24 chairs. The off -eE on the site ao required by the Cit The-field office must -be furnished with answering service} -and FAX machine mid f separate pay-item for the € -i-eld office. asphalt, concrete, broken culverts and property of the Contractor and must be tractor. The cost of all hauling is no direct payment will be made to field office incli Contractor y a— telephone or by the Contractor. must conta -in- at shall move the least field (with 24 hour per day There i3 no A -18 Schedule and Sequence of Construction The Contractor shall eubmit to the City Engineer the following: Base Bid, or Base Bid PLUS Additive Alternative No. Base Bid PLUS Additive Alternative No. Base Bid PLUS Additive Alternative No. Base Bid PLUS Additive Alternative No. a work plan based 1, or 1 & 2, or 1, 2 & 3, or 1, 2, 3 & 4. only on 90 Calendar Days 105 Calendar Days 105 Calendar Days 120 Calendar Days 150 Calendar Days The (eetractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed, but not before Monday March 13, 2006. Special precautions must be taken by the contractor to minimize disruption to adjacent courts not under construction. This Tian must detail the schedule of work and must be submitted to the City Engineer at east three (3) working days prior to the pre- construction meet ire. The p -an must indicate the schedule of the following work items: 1 lnitial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule -or review 2 :terns to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped tivities. dentity the first work day of each week. ubmittal Dates: indicate- submittal dates required for all submittals. 4 -e- Submission RtviSe and resubmit as required by the City Engineer. eriodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The d•awings may depict but not necessary include: lines, slopes, grades, sections, measurements. bench marks, baselines, etc. that are normally re quir °d to onst ru °t a project of this nature. Section A - SP (Revised 12/15/04) Page 6 of 22 Major: controls and two 2) bench marks required for project layout, will be provided by the City or Consultant Project Architect. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer =48 hours notice so that alternate control points can be established by the City or Consultant Project Architect as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. 4f, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Architect prior to deviation. If, in the opinion of the City or Consultant Project Architect, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Architect to revise the drawings. The Contractor sha -1 -- tie- in-or reference existing and proposed, for -b - .. ._ _ __ ' the-e_...r'_etion of thc paving process Also, the City or Consultant Project Engineer may require that -thc Contractor furnish a maximum of two (2) perSen e4- -for the purpose -e€- assisting- the me-a • The " shall provide-the following eertifieatien for decumentation of compliance with the Contract Documents, plans and cpeci€ -i otion3. Said compliance certification ahall be provided and prepared by a Third Party licensed in thc state -of Texas retained and pa-id by the Ceftraetor. The Third Party R.P.L.£. shall-be approved by the City prior to any work. Any diserepancics shall be noted by the Third arty Surveyor and certify compl egu- latory perm4 -bee Foliewing -is the m4nimuf- sehhedule of dee„me - 'an required: Streets: • 1 -- Al 4- curb returns at peint e-f tangency /- pe-int of circumference 2- Curb and gutter flow line both sides of street on a 200' interval, 3- Street crowns on a 200' - 4ntorva-l- -arid- at alb 4ntc p��T Wastewater: 4 Ali-elm /invert elevations at manholes, 5- All intersecting lines in R a c-n-, 4 Caning elevation., (t p of pipe and -flow line) (TXDOT and RR permits). Watcr. 7. A11 top of valves-hex; $ Valves vaults rim 9- Caving elevations (top of --pipe and flow line) ( TXDOT and RR perrnit3). stormwatcr: T All rim /invert ctcvations at maa,,h ta; -1-1. All t-j - lines i-n fnnhelee 12. Casing elevat4— s -l- top -ef pipe and flow line) Section A - SP (Revised 12/15/04) Page 7 of 22 A -20 Testing and Certification Ali rests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over After corrective measures have been taken, and the cost of rete -ring will be borne by the Contractor and deducted from the payment to the o ntractor The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must furnish and install 1 Project sign as indicated on the following drawings. (Attachment I) The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by The City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) Policy [t is the poi icy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for ninority and female participation by trade and for Minority Business nterprise _'ef init ions Prime Contractor. Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract_ Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing .pork, labor services, supplies, equipment, materials or any ombination of the foregoing under contract with a prime contractor on a City contract Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons ric7ude Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific ,slanders. For the purposes of this section, women are also considered is minorities. Minority person(s) must collectively own operate and /or actively manage, and share in payments from ;Lich An onterprise ire the manner hereinafter set forth: Cwnec a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority oeeson Section A - SP (Revised 12/15/04) Page 8 of 22 +b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). c) For an enterprise doing business as a corporation, at least 51.0% 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(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive ,1.0% or more of the total profits, bonuses, dividends, ;nterest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority See definition under Minority Business Enterprise. e_ Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women or a corporation at least 51.0% of whose assets or interests n the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded Lo carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority ioint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3 Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be subs tantL illy uniform throughout the length of the Contract and in Section A - SP (Revised 12/15/04) Page 9 of 22 each trade the transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a• Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. t. The Contractor 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 the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation _information as required. A 23 - T...t-..._ 4 r °'r-Re. i ed- (Reviocd 7/5/00) NOT USED The— Contractor shall eau-r-e the Build: permit complct Occupancy, when applicable. Section B 6 -2- amended in that --,rac CityLs Building _ --1-nspe 4 water / r "� '` �� anetcr feel and -tap fees A -24 Surety Bonds Paragraph two (2) if Section B -3 -4 of he General Provisions is changed to read as follows. 'No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured be any reinsurer may not exceed ten percent (10 %) of the r +'insurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Sarety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all The above requirements The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the dace the bond was issued." Section A - SP (Revised 12/15/04) Page 10 of 22 A -25 Sales Tax Exemption (NOT USED) Ccction B 6 22, Ta following Substituted in lieu thereof. Contracts far impr� Christi do not qualify for exemptions of Bales, Excise, and Use Taxes unless the—Contractor elects to operate under a separated contract an defined by 'ection -- -3.291. of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the ff the ,-e-r- lcct3 to operate under a separated contract, he shall. +. Obtain the -- necessary sales tax permits from the State Comptroller. Identify in the appropriate space on the "Statement of Materials and Other Charges" in the proposal form thc cost of materials physically incorporated into the Project. Provide resale ccrtifi ate3 to suppliers. 4: — Provide thc prepesa -1. -value of materials. 4- f -- -he- Contractor dee-a- not must -pay for all Sales, Excise, Subcontractors are eligible for sales tax exemptions if the subcontractor also compile., with the abevc requirements. The Contractor must issue a resale certif-i -eate to the subcontractor and the subcontractor, in turn, issues -a-resale- -- ccrtifi ate to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: in the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer ovenants to mail prior written notice of cancellation or material change to: 1 Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor steal provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all Section A - SP (Revised 12/15/04) Page 11 of 22 employees of the Contractor employed on the Project described in the Conti act For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual lability insurance coverage obtained in accordance with Section B -6 - -11 a) of the Contract, the Contractor shall obtain an endorsement to r hi coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees; for or on account of any injury to any person, ,r any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this 'ontract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or ether fault of the City, its agents, servants, or employees or any >erson indemnified hereunder. A-27 Responsibility for Damage Claims NOT USED Paragraph - Ea_ -)- General Liability-of Section B -6 11 of the Cencral Provisions 45-amended to «- [antra too must prs idc Builder's Risk vcragc - -€fry t.hc to -rm-84 t City finally acceptn the Floater -e-e - e-- ;R t--- be r sts ncccssar -4_e- procure such =ns anee coverage, including any >dditiona1- insured amen policies or Installation Floater innurancc 3 deductible. The City munt be named A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1 Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two ( 2) years The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If drr/ such Len has not been released, the bidder shall state why the claim has not been paid, and 2 Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the c''aim, and an explanation why the claim has not been paid. A bidc:er may also be required to supply construction references and a financial statement prepared no later than ninety (90) days prior to the Section A - SP (Revised 12/15/04) Page 12 of 22 ity Engineer's request, signed and dated by the bidder's owner, president or ->ther authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff. superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements. and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval >f the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A -30 Amended *Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1 A list of the major components of the work; 2 A list of the products to be incorporated into the Project; 3 A schedule of values which specifies estimates of the cost for each major component of the work; 4 J schedule of anticipated monthly payments for the Project duration. Section A - SP (Revised 12/15/04) Page 13 of 22 The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will he required it the Contractor is an MBE. If the responses do not -learly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer., that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably :_ossible. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that ,:ill perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. [n the event that a subcontractor previously listed and approved is Sought to be substituted for or replaced during the term of the contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in he Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure ,,f the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the ,, "ity Engineer at the pre- construction conference; 8 Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the 'ontractor's 'ield Administration Staff. 9 documentation as required by Special Provision A -35 -K, if applicable. 10. Within 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 Under "General Provisions and Requirements for Municipal Construction Contracts" B -8- 5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following contractor acknowledges that. the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of x25,000.00 must also be approved by the City Council. Section A - SP (Revised 12/15/04) Page 14 of 22 A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3- 5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, unti the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself completion of the Project. Failure obligation to carry out the provisions attend the Pre -Bid Meeting referred to fully with the conditions relating to the to do so will not excuse a bidder of his of this Contract. Contractor is reminded to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order A -35 City Water Facilities: Special Requirements (NOT USED) �. — iaitor /Contractor Orientation Prior --to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on thci _ _ - ng their prior attendance at a Vi.,itor City—Mater Department Orientation Program Department personnel for those persons who de- not have zueh a card, and-who-A4-re-to perform any work within any City water facility. For additional information refer to Attachment 1. Personnel. A Visitor / Contraetor Safety The Contractor shall not start valve, equipment, related to Ci -ty operated by an operator or other authorized maintenance employee of the City Water Department. Section A - SP (Revised 12/15/04) Page 15 of 22 The City must deliver water o all times. in-the job sit Depar 9-. —Gen-fe All- materials and equipment transportation, other-Items, -hIch-could come into eenfe to American Nati nal StandaFels Sanitation Foundation (ANSI/NSF) Standard 61 Standard Specifi ations. gueh-materialn --i-nekude-ail_se thred-easy-minds- coatingo, or--- hydraulic equipment. must-ant-be-used-unlcon they unaesn such -4 personnel immediately prior te-use,- Institute/National a described in the Thane itemn Thc Contractor shall provide pee- of ANSI/NEF Standard 61 approval for all materials -which could come into contact with potable water. - -11-anda4ng- ancl-Di-spaaal--of---Traah C. provide telephones Plant telephone-3 arc not available for Contractor 1.130,- Work-i-ng-heurc will be- 7:00 to 4:00 P.M., Monday thru Friday. Contractcr -must -not ue any City facility restrooms. Contractor must provide own-sanitary facilities. All -t-r-ash-generated by thc c4beentaeters, must bc contained at all timed at thc water faciIIty site,- glowing trash will not be allowed. The Contractor kccp work C-914T-RAC2f-0111g- -024---09-113-141-EPARA-T-1-014 Contractor's personnel must w ar t-nail-o-range7- blue, or white. eempany---nasie- All -Gantractor- vehicles must be parked at designated site, as designated by : f. All Contractor vehicles must bc clear-1y- labeled with company name. vehIeles-are allowed at 0. -1.1,--g-teeffs---wt-er personnel must be -In compan- contraeter employees must not 1 aye area --ele-r-wander thf,ouqh-any-buildings :. No private employee Treatment Plant. All thc designated construction other than for required work Section A - SP (Revised 12/15/04) Page 16 of 22 -as- directed by evacuation K. C ntraetor Qualifi- eatiens 11CQUI S I T IGN-} Any work t be 30 SCADA E-SUPERVISORY CONTROL AND DATA werk- includes, -but c is not mited te modifica-tiens, additions, programming, customising, opera -t 4-n all -h-a these spesif -e bons . The Contractor or h debugging, ca1 ibrat ing , er plae-ing in work must be able to demonstrate thc following: 1 —Hc is- af4 -ee t r -o1 2. --He - 44e has performed work on Systems of comparable size, type, three prior projects. -- �I herein for at Ie employs a Systems Engi p,^ rfer... th He employ Trenc 1 ast 5 y ars. Registered Prefer completed -a- manufacturer's and implementing the software proposed for thc Contract. training course in configuring - Ic '^*^^ a permanent, fully n°rviee 4- aeility within 400 miles maintain repair; calibrate, and specified herci -n. - He sly -1- furnish equipment manuf aeturer nF - practical, all equipment of a given type will be the preduct of one manufacturer. -Prior performance at the O. N. Stevens Water Tr atmcnt Plant will be used subee - The Contractor shall blocks required to requi -red t� S£ADA ;ys -t-em. Attached is an example of the required programming -b-1 and given to thc City staffed and of thc Project program the equipped site to systems which is the product of one in evaluating which Contractor or produce all filled out programming the programming Yba -Thc attached sheet is an example and i :: net intended to show- -all of thc required sheets. The E «_>ntrae -tor will provide all programming blocks used. A41 trenching for this project at the O. N. Stevens Water Treatment Plant shall be perf number of existing shall be i —owed on --the project. oar-hand digging due to the Section A - SP (Revised 12/15/04) Page 17 of 22 A -36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: �• Quantity': Contractor shall submit number required b the Cit/ Engineer or his designated representative. by the City to o. Reproducibles: In addition to the required copies, the Contractor drawing;; shall also submit one (1) reproducible transparency for all shop . Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier: pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. C'ontractor's Stamp: Contractor must apply appropriately signed or initialed, which cer certifies Contractor's that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Marking: products, Contractor must mark each copy to identify applicable models, options, and other data. manufacturers' standard data to provide information unique p o ethis Project. Varat?ons-;: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h Space Requirements: Contractor must provide adequate space for Contractor- and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 1- Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and 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 Engineer's selection of manufacturers' standard colors, textures, and patterns for City on Pest and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3. copies of all shop test data, and repair report, and all )n site test dat> within the specified time to the City Engineer for Section A - SP (Revised 12/15/04) Page 18 of 22 approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "General 13--6 - ge for Water Furnished by the City, add the following. • "Thc Contractor must Conservation a4— includes Himp4,einenting conditions. - • comply with- the City of Corpus Christi's Water water conservation measures established for changing a- -the o - -- o- meeting. The Contractor will keep•a copy of the Plan )n thc Projeet site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B -8- 9. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED Priming and hot -- un osene advisory has been issued, ,except for repairs. The City Engineer will netify Contractor about ese.nAs alert. If a delay such- as this is experienced, the day will not be counted as a work day and thc Contractor will be compensated at the unit price indieated in the proposal. A -42 OSHA Rules & Regulations It: is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, r-rmployees, attorneys, and agents from any and all damages, injury or liability what:soever from an act or omission of the contractor, or any Section A - SP (Revised 12/15/04) Page 19 of 22 subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or Liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order iunit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall he submitted by contractor as a basis for the price of the change order A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and 7ertical of all facilities. b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: 1 Horizontal and vertical dimensions due substitutions /field changes. to '2) Changes in equipment and dimensions due to substitutions. {' "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made, A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED The -Contractor shall bc responsible for the disposal of water used for testing, o' • _ - line flushing in an approved manner. Contaminants in the waters-- particularly high- levels of chlorine, will bc used for et-ier and may e-Yee-? thc pere-i -ss4494e limits for discharge into wetlands or environmentally sensitive ar as. Thcac arc regulated by numerous agencies - uo= -a3 T)RCC, EPA, -etc. It will bc the Contractor's responsibility to comply with the-requirements of all regulatory agencies in thc disposal of adI 1..ater -- used - -fn the project. f-- the - -it-y--for approval. There shall be no separate-pay for . disposal of highly chlorinated water. Contractor shall not -use the City' - for disposal of c ntaminatc'd -water Section A - SP (Revised 12/15/04) Page 20 of 22 A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED Prior to any construction whatever on thc project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 feet of posed pipelines = - o -- _ - or shall survey thc exact vertical £ - horizontal locat -ien of a neh- pipeli .- For existing pipeiinoo whieh parallel and arc within tea feet (10') of prepesed- pipelines of the pr at a maximum of 30, €eet O.C. and Contractor shall survey 1 and veti -eal 1e ations of said parallel pipelines at 300 feet maximum O. Contractor sha31 indicating the Owner of approximate station — thereof, elevation, e€ the t distance submit it to thc City for approval to thc pavement centerline and Genf- _- ,-..t... - -shall perform no construction work on the project until all ewer .eper_ted- to —tom report: Exploratory excavations repair a ociatcd with exploratory cx avations shall be paid for according to the established until price e€ pavement patching. Contractor shall provide all his - --awn- survey work effort A -48 Overhead Electrical Wires (7/5/00) Contractor shali comply proximity of construction are many overhead wires construction etc., operators overhead to route ensure of with all OSHA safety requirements equipment beneath overhead electrical wires. There crossing the construction route and along the Contractor shall use all due diligence, precautions, that adequate safety is provided for all of his employees and equipment and with regard to ensuring that no damage to existing electrical wires or facilities occurs. with regard to Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not It shall be the Contractor's sole responsibility to provide for adequate safety with regard co overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 - -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other i ndividual or entity." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: HEB TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: Dykema Architects, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 22 of 22 ATTACHMENT I 1 \/2^ /'-/ 1/s^ /'—/0 7/2^ w � m m 2'-0^ X 8' -O" POSTS ° 2'-0" BOND 2004 PROJECT SIGN PART C FEDERAL WAGE RATES AND REQUIREMENTS =eneral Decision Number TX030039 06/13/2003 TX39 •persede. General Dec:si_oi No. TX020039 'ate TEXAS 'onstruct on Type: HEAVY 'ounty( e )_ UHECES SAN PATRICJO HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line construction and Drainage Prof ects ) Modification Number Publication Date 0 06/13/2003 COUNTY(ies) NtJECES SAN PP.TRICIO SUTX2052A 12/01/1987 CARPENTERS (Excluding Form etting) CONCRETE FINISHER ELECTRICIAN LABORERS: Common Htili ty POWER EQUIPMENT OPERATORS: Backhoe Motor Grader Rates $ 9.05 7.56 13.37 5.64 7.68 9.21 8.72 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5,5(a) (1) (ii) ) In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be * an existing published wage determination * a survey underlying a wage determination http: - 'www.wdol.gov/wdol/scafiles/davisbaconJTX39.dvb 12/9/2005 a Wage and Hour Division letter setting forth a positior on a wage determination matter a conformance (additional classification and rate) ruling Or survey related matters, initial contact, ncluding 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, D. C. 20210 F'.. 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 Part 7). Write to: Wage and Hour Administrator U,S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 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 to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http: / www. wdol. gov/ wdol /scafiles /davisbacon/TX39.dvb Page 2 of 2 1') /ON)nnc A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT Is entered into this 31ST day of JANUARY, 2006, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents "City," and Australian Courtworks, Incorporated termed it the Contract Documents as "Contractor," upon these terms, performable in Nuece:- County, Texas: In consideration of the payment of $535,600.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: H E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 - PROJECT NO. 3278 (TOTAL BASE BID A + TOTAL BASE BID B + ADD.ALT.#1 & #2: $535,600.00) according to the attached Plans and Specifications in a good and we kmanliKe manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 1-?1 ;2006 1 :26 3E1: 2E.501 ENG= ,NEERING H E B Tennis Center Improvements Project Bond 2004 BASE BID A (H.E.E PAGE 07/14 = :- III IV V BID : E-M .. i UNIT PRICE IN FIGURES TOTAL PRICE `N7T DESCRIPT?'ON I'N F2 GURE S I 1=A -1 _.,rids / J ZSur ance comp o __ - -- n -_ac per :7MP SUN s 4,500.00 4,500.00 ac'A -_ Demolitl.on Disposal for Cc__ts 8 1'0 ,< 23 complete and ___ =lace er LJME SUM $ 3,800.00 $ 3,800.00 ?A -? $.:37,000.00 :oncrete overlay, Sand F.-_11, Eurrace 2reparaticn and ?ain_Lna --) ''our_s -, 3, 11, 12, 21, 22 s^ �, c mpi -_tp any in -� _ter - place - CnrRT $ 296,000.00 Pint, match Cracks, Fi__ ?=-+ °aths Resurface Courts 1, 2, 5, c, °, 11, 16 w/2 coats res_ =acing _rd 2 c :ats acrylic finis:., complete and in place per CC?_RT ?EA -4 — $ 5,000.00 $ 35,000.00 1 2-A -c - '- remove t Reinstall Existing e st_nc _ nr_e =abric •,ith new bottom rails. reuse existinc Windscreen for var cus Courts, and provide new fenc= on Court 22 as shown, complete and in place per LUMP SUM $ 27,500.0 $ 27,500.00 BEA -6 L7 Electrical Work - Remove 4 __ght poles, reuse 2 poles and providn necessary electrical work as shown, complete and in place per LUMP SUM $ 7,000.OU 7,000.00 BEA_ -7 LS Parking lot and all associated wczk, complete and in place per LUMP SUM $ 3,500.00 $ 3,500.00 TOTAL BASE EID A (H.E,H) $ 377,300.`00 (Items 3BA -1 through BSA -7) Note: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, etc_, to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid, item. The above quantities are approximate, include an additional 5' is none cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM Page3of10 ALOCEDDIK 110. 2 attaeumat Pig . 1 Pegs 3 of la 1 Provide New Fence Fabric and Windscreen as shown, complete and in place per LUMP SUM H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE #1 -- Tennis Courts 13, 14 & 15 I I1 r at J6 i14 BID QTY ITEM & 1 UNIT -2 1 LS DESCRIPTION Pant Parch Cracks, Fill Bird I Baths & Pesrface Courts L3, 14 S 1 15 wz ccats resurfacing and coats acryLJc finish, complete and In p1.3ce per Court UNIT TOTAL PRICE PRICE IN IN FIGURES FIGURES $ 5,000.0 15, complete New Fence and Windscreen on north end of Courts 13, 14, and complete in place per LUMP SUM $ 4,000.00 $ 4,000.00 ADDITIVE ALTERNATE NO. 1 $ 19,000.00 (Sub -Total Items A1-1 through A1-2) ADDITIVE ALTERNATE NO. 2 - New Fence Fabric & New Windscreen II III Iv UNIT PRICE IN FIGURES $ 44,300.00 v TOTAL PRICE IN FIGURES $ 44,300.00 ADDITIVE ALTERNATE NO. 2 (Sub -Total Item A2 -1) PROPOSAL FORM Page 4 of 10 SAA,300.00 1--- ADDIeNDUN/ No . 2. Attarlaaent No. 1 Page 4 of 10 H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE NO. 3 -- New Court #24 I II T QTY BID I ITEM UNIT F GE kH; 1.a DESCRIPTION UNIT PRICE IN TOTAL IN F Concrete Overlay, Sand Fill, Surt; ~e Preparation and Painting For C ;cur :.s 24, Complete and in place per COURT New Fence with New Fence Fabric LS and W,.ndscreen as shown, complete in place per LUMP SUM $ 18,.600.0.0 LS Electrical. Work - Reuse Exis light poles, provide 2 new poles and all associated electrical work as shown, . �. and in Place per L P UM Alternate #4 - Overlay Courts 3 & 14,900.0 14,900.00 LTERNATE NO. 3 $ 83,000.00 aJ. Items A3 -1 through A3 -3) Backboard Repair BID ITEM QTY UNIT UNIT PRICE IN FIGURES v TOTAL PRICE IN FIGURES Disposal for Courts 3 e to and in place per $ 2,000.00 $ 2,000.00 CT A.4 -.: to Overlay, Sand Fill, ce Preparation and Painting . Courts 3 & 4, complete and in lace per COURT $37,000.00 74,000.00 New Fence and Fabric, and all associated fence work as shown, complete and in place per LUMP SUM Relocate Existing Light Pole and all associated electrical work as shown, 7omplete and in place per Court $ 12,800.00 $ 12,800.00 $ 5,500.00 $ 5,500.00 ADDITIVE ALTERNATE NO. 4 S 94,300:00 (Sub -Total Items A4 -1 through A4 -4) PROPOSAL FORM Page 5 of 10 F-... noDBNdobd NO. 2 Attachment No. 1 Page 5 of 10 H E B Tennis Center Improvements Project Bond 2004 BASE BID B_(C.D.B.G), I I II BID 1 QTY ITEM UNIT ass -1 zzz IV v DESCRIPTION 1 LS UNIT PRICE IN FIGURES As halt overla surface preparation and painted surface. New netposts and net. New fence fabric. New windscreens. Remove and provide new painted backboards for 4 court*, complete and in 'Mace per LUMP SUM 95,000.00 TOTAL PRICE IN FIGURES $ 95,000.00 TOTAL BABE BID B (C. D.B.G.) $ 95,000.U0 (Item BBB -1) 1RE$Ec PROPOSAL FORM Rage 6of10 AbDERmf1M NO, 2 Attachment No . 1 Page 6 oX 10 1 f4GE 11/ i4 H E B Tennis Center Improvements Project Bond 2004 TOTAL BASE BID A (H E B) Itesas BBA -1 through BHA -7) BID SUMMARY + TOTAL BASE BID B (C D B G) $ 472,300.00 (Item BBB -1L TOTAL SASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2-1) AND ADDITIVE ALTERNATE NO. 3 $ 618,600.00 (Items A3 -1 thru A3 -3) AND TOTAL BASE BID B $ 491,300.00 $ 535,600.00 TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru Al -2) AND ADDITIVE ALTERNATE NO. 2 (Item A2-1) AND ADDITIVE ALTERNATE NO. 3 (1tems A3 -1 thru A3 -3) AND ADDITIVE ALTERNATE NO. 4 $ 712,900.00 (Items A4 -1 thru A4 -4) PROPOSAL FORM Page 7of10 ADDENDUM NO. 2 Attaohment NO, 1 Page 7 of 10 Th :ontractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 105 CALENDAR DAYS after constmcflon is begun. Should Contractor default, C ntractc(.7 may be iab(e for liquidated damages as set forth in the C, ,ntract Documents. City will pay; -ont ractor in current funds for performance of the o -r ntract in accordance pogresse: Signed in above, ATTEST: tv Secretar with the Contract Documents as the work parts at Corpus Christi, Texas on the date shown AP VED AS TO LEGAL FORM: .itv Attorney () 3 fr,( 40 &(' As ATTIT* (If Corporation) 4e (No f Pou signing or co n a not Presi t, at ` " apy of authorization to ^ai n) CITY OF CORPUS CHRISTI By: Ronald F. Massey, Asst. City of Public Works and Utilities By: Ange Escobar, P.E. Dir ctor of Engineering Services CONTRACTOR Australian Courtworks, Incorporated By: Title: 1030 HWY 471, SUITE 105 -A (Address) BRANDON, MS 39042 (City) (State) (Zip) 601/825 -1108 * 601/825 -9044 (Phone) (Fax) Agreement Page 2 of 2 1atitoie j P P 0 P 0 ti ,t r ray_: F 0 R M PAGE 05/14 E E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 DE ?ARTMENT OF ENGINEERING SERVICES OF CORPUS CHRITI, TT7XAS r REVvSmq PROPOSAL FORM Page 1 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 1 of 10 r HH PAGE O6/ 1a P R O P O S A L P' acre : Brandon, Mississippi Date: January 17, 2U06 AUSTRALIAN CUURTWORKS, INCORPORATED h )rati c n organized and existing under the laws of the State nf Mississippi OR a Partnership ;,r Individual doing business as TO: The City of Corpus Christi, Texas nC:e:1e The under:'igned hereby proposes to furnish all labor and teLiai_ , to, i ,, and necessary equipment, and to perform the work lui r-e d for: R E 8 TENNIS CENTER IMPROVEMENTS PROJECT BOND 2004 the lc cations Set ou II b-, - t.he plans and specifications and in strict ° ,Drdance with the nnhtract documents for the following prices, to -wit: [REVIeED, PROPOSAL FORM Page 2 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 2 of 10 i _HOE c 16 3G 18 63`01 ENC -, iEr7�ING H E B Tennis Center Improvements Project Band 2004 BASE BID A H. E.31 PAGE 0,7•/14 - III 17 v S LJ -7m Q3"_ i UNIT TOTAL. PRICr `. T - DESCRIPTION PRICE MI LET FIGURES FIGURES _ nds I au-_.._a, complete =lace p - _ MP SC:i, , 4,500.0u $ 4,500.00 EA -_ >mo_it_-. . Disposal for `,_s g, _-. _0 , 22. complete and - place =; LUmF SUM $3,800.00 S 3,800.00 ^ _cncrets C-rerla , San E:1. =u face ?reparation, and ?a- ._._na oU mpi -_ e�an�1 n 12, c_ace _L� 2i $. :37,0-00.00 S 296,000.00 CC JRT 2EA-4 ?a_nt, 7atc: Cracks, 7i__ 3aths & Resurface Courts 1, 1, 5, �, ?, 1, 1.6 w/2 coats r_su__acina end 2 cca tc acrylic = _n__., s 5,000.00 s 35,000.UU complete and in place per C=T_PT r?EA`� r- Femcce Reinstall Ex =stinc =enr_a :Fabric • -ith new bottom rail., reuse ex sting Windscreen for Tari =us Courts, and provide new fence on Court 2 as shown, complete and in $ 27,500.00 $ 27,500.00 mace per L2M2 SUM B_A -5 L= Eiectri:al Work - Remove 4 _gat ocies, muse 2 poles and provid,1 necessary electrical work as shown, $ 7,000.00 $ 7,000.00 complete and In pLace per LUMP SUM ggA_? — LS Parking Lot and all associated woz }; c= mplete and in place per LUMP SUM $ 3,500.00 $ 3,500.00 TOTAL BASE BID A (H.E,B) $ 377,300.`UO (Items 3BA -1 through BEA -7) Note: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, arc _ to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid, item. The above quantities are approximate, include an additional. 5% is some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM Page 3 of 10 ADDENDUM ms. 2 Attacbmeat No. 1 Pogo 3 of 10 L 1 H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE #1 - 'tennis Courts 13, 14 & 15 I I BID ITEM UNIT IV PAGE as/ 14 V DESCRIPTION Paint, Patch Cracks, Fill Bizd Bats & Resurface Courts 13 14 w/, ccats resurfacing and 2 coat:s acrvi c finish, complete and in piece oex Court UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES $ 5,000.00 15,000.00 Provide New Fence and Windscreen on north end of Courts 13, 14, and 15, complete in place per LUMP SCUM 1 $ 4,000.00 $ 4,000.00 ADDITIVE ALTERNATE NO. 1 $ 19,000.00 (Sub -Total Items A1-1 through A1-2) ADDITIVE ALTERNATE NO. 2 - New Fence Fabric & New Windscreen I BID ITEM V QTY UNIT DESCRIPTION UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES Provide New Fence Fabric and Windscreen as shown, complete and in place per LUMP SUM 44,300.00 44,300.00 ADDITIVE ALTERNATE NO. 2 ‘Sub-Total Itetr. A2 -L) immED+ PROPOSAL FORM Page 4of10 $ 44,300.00 i ADDENDUM NO. 2 Attachment No. 1 Pogo 4 of 10 EL i 1l H E B Tennis Center Improvements Project Bond 2004 ADDITIVE ALTERNATE NO. 3 - New Court #24 F'AGE 09/ 14 BID j ITEM QTY TJNIT DESCRIPTION �.3 2 'oncr te Overlay, Sand Fill, Tuzfa.e I er;ara�icn and Painting for aurr�� -� - cmplete and in place per COURT 1 New Fence w _h Jew Fence Fabric LS and Windscreen as shown, :omplet in place per LUMP SUM Alternate # Eleot :ical Work - Reuse Exis light poles, provide 2 new piles and a]1 associated electrical works as show c' and in Place per LUMP J 83,000.00 - Overlay Courts 3 BID ITEM UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES ii Demolitio and 4, co MP SUM isposal for Courts 3 ete and in place per $ 2,1100.00 2,000.00 e Overlay, Sand Fill, ce Preparation and Painting Courts 3 & 4, complete and in ace er COURT $74000.00 New Fence and Fabric, and all associated fence work as shown, complete and .n place per LUMP SUM Relocae E=:i_:ting Light Pole and all associated electrical work as show-1, co!riete and in place per Court 12,800.00 $ 12,800.00 $ 5,500.00 $ 5,500.00 ADDITIVE ALTERNATE NO. 4 $ 94,31)0.00 (Sub-Total Items A4 -1 through A4 -4) REv PROPOSAL FORM Page 5 of 10 f ADDENDUM NO. 2 Attaohmont No. Page 5 of 10 1 {; 1-'41-1E 1 Fu 14 H E B Tennis Center Improvements Project Bond 2004 BASE BID B C.D.B.G) 1 11 BID QTY ITEM UNIT BBB -1 III IV DESCRIPTION 1 LS UNIT PRICE TN FIGURES Asphalt overlay) surface EreEar'ation and painted surface. New netpos is and net. New fence fabric. New windscreens. Remove and provide Heir painted backboards for 4 courts, complete and in place per LUMP SUM 95,000.00 v TOTAL PRICE IN FIGURES $ 95,000.00 TOTAL BASE BID B (C.D.B.G.) $95,UUU.UO (Item BBB -1) 1 REIME14 PROPOSAL FORM Page 6of10 1 ADDENDUM NO 2 Attaehmmnt No, 1 Page 6 0. 10 H E B Tennis Center Improvements Project Bond 2004 BID SUMMARY TOTAL BASE BID A (H E B) + TOTAL BASE BID B (C D S G) $ 472,300.00 Items BHA -1 through BBA -7) (Item BBB -1) TOTAL BASE BID A + AND TOTAL BASE BID B ADDITIVE ALTERNATE NO. 1 (items A1-1 thru A1-2) $ 491,300.00 ADDITIVE ALTERNATE NO. 1 (Items Al -1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 (Items Al -I thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) AND ADDITIVE ALTERNATE NO. 3 $ 618,600.00 (Items A3 -1 thru A3 -3) AND TOTAL BASE BID B TOTAL BASE BID A + ADDITIVE ALTERNATE NO. 1 AND TOTAL BASE BID B (Items A1-1 thru A1-2) AND ADDITIVE ALTERNATE NO. 2 (Item A2 -1) AND ADDITIVE ALTERNATE NO. 3 (Items A3 -1 thru A3 -3) AND ADDITIVE ALTERNATE NO. 4 (Items A4 -1 thru A4 -4) PROPOSAL FORM Page 7of10 $ 712,900.00 ADDENDUM NO. 2 Attachment No, 1 Page 7 of 10 -----] ADDENDUM NO, 2 Attachment No. 1 Page 8 of 10 P-;GE The undersigned hereby declares that he has visited the site nd has carefully examined the plans, specifications and contract sc mer _-s relatiru to the work covered by his bid or bids, that he :agrees to d`' the work, and that no representations made by the City are any '=ens© 3 waLrar!ty but are mere estimates for the guidance of the `Jo h he if ration of award of contract, we will within ten c erlda_ 1a.s execute the formal contract and will deliver a r m,nce Bone ;as re uired` ;,r roc and Payment Bond (as required)altof insure f payment for tall materials. The bid bond attached to this proposal, in the amc nr_ r 55t, of tho highest amount bid, is to become the property of the of Corpus Christi in the eent the contract and xer u' e i within, a bonds are not e i ar_ - ++ he time above set forth as liquidated damages for the .. n. 1 work caused thereby. Minority /Minority Business Enterprise Participation: The pparen l da. bidder shall, within five days of receipt of bids, submit he iity Engineer, in writing, the names and addresses of. MBE firms anticipating in he contract and a description of the work to be •- "rformed and its dollar %vajue for bid evaluation purpose. • Number of Signed Sets of Documents; The contract and all ?nds will be prepared in not less than four counterpart (original ;urea) sets, Time of Completion: The undersigned agrees to complete the rl within: 90 Calendar Days for Base Bids A and Base Bid B, OR 105 Calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1, OR 105 calendar Days for Base Bid A and Base Bid B PLUS Additive Alternative 1 & 2, OR 120 Calendar Days for as Bid A and Base Bid B PLUS Additive Alternative 1 2 & 3, OR 150 Calendar Days for Base aid A and Base Bid B PLUS Additive Alternative 1 2 3 & 4, 701i; the date designated by a Work Cr er. The uncle signed further declares that he will provide all "sort tools and apparatus, do all the work and furnish all materials d. .o e'rerythinq required to carry out the above mentioned work covered r"i` proposal, _n strict accordance with the contract documents and requirements pertaining thereto, for the sum or sums above set rt,F . Receipt of the following addenda is acknowledged (addenda number): # ONE 0?W1.4 Two t EAT_ 7F BT DDER IS 'orpor_:t --on NOT: Respectfully submitted: Name: Australian Courtworks, Incorporated /Max Nalder By. (SIGNATURE) Address: Y. 471, Suite 105 -A (P.O. Box) (Street) Brandon, MS 39042 (City) (State) (Zip) Telephone: 601 -825 -1108 ^.mot `Ch bi 3 rr?m gapers F;iJ Jn wi =r. i a7it: 9CLt"Fni' h =t c_he : a22.::-1 •. PROPOSAL FORM Page 8 of 10 (R=_:,ia d August ?,000) f STATE OF TEXAS § COUNTY OF NUECES § P A Y M E N T B O N D KNOW ALL BY THESE PRESENTS: THAT Australian Courtworks, Incorporated of RANKIN County, Mississippi, r ereinafter called "Principal ", and _,.• I_Z.,�• 01,0:& W,,% ,44 a corporation organized under the laws of the State of Maylyd and duly authorized to do business in the State of Texas, hereinafter called ":3urety ", are held and firmly bound unto the City of Corpus Christi, a municipai corporation of Nueces County, Texas, hereinafter called "City", and ant° all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FIVE HUNDRED THRITY -FIVE THOUSAND, SIX HUNDRED AND NO /100 ($535,600.00) DOLLARS, lawful money of the United States, to be paid in Nieces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and aucr_:essors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Caristi, rated the 31ST day JANUARY , 20 06 , a copy of which is hereto attached and made a part hereof, for the construction of: H E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 - PROJECT NO. 3278 (TOTAL BASE BID A + TOTAL BASE BID B + ADD.ALT. #1 & #2: $535,600.00) NOW, THEREFORE, 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 waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nieces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the ate of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent. Resident in Nue.es County to whom any requisite notices may be deliverer and on whom service of process may be had in matters arising _.t of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, This instrument is executed in 4 copies, each sr;e of which shall be deemed an original, this the 9th day of February , 20 06 PRINCIPAL Australian Courtworks, Incorporated / By: "-x �. it/Ax N4/_D i�G �TjcN% (Print Name & Title) ATTEST Secretary 6 - l- (/a2.4SAk�2sr��f (Print Name) SURETY Fidelity, and Deposit/Company of Maryland By: % /° Attorney -in -fact D. M. F rris (Print Name) The illisicient Agent of the Surety in Nu- eves CoU11,ty, Z'ex s, for delivery of noti "end service of process as: Agency: Insurance Service Agency Contact Person: Linda Sommers Address: 6116 Ayers St., Ste. 5B Corpus Christi, TX 78415 Phone Number: (361) 855 -3939 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02` Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Australian Courtworks, Incorporated of RANKIN County, Mississippi, hereinafter called "Principal ", and Fidelity and Deposit CarpEny of Msryland a corporation organized under the laws of the State of ty1ard and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus :'h:risti, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of FIVE HUNDRED THIRTY -FIVE THOUSAND, SIX HUNDRED AND NO /100 ($535,600.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to oe made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Cl-r.isti, dated the 31ST of JANUARY , 20 06 , a copy of which is hereto a tached and made a part hereof, for the construction of: H E B TENNIS CENTER IMPROVEMENT PROJECT BOND 2004 - PROJECT NO. 3278 (TOTAL BASE BID A + TOTAL BASE BID B + ADD.ALT. #1 $ #2: $535,600.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be :.oid; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 Thi.: bond is given to meet the requirements of Article 5160, rnon's Civil Statutes of Texas, and other applicable statutes of the ate of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on wham service of process may be had in matters arising c:t of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each 3Ne of which shall be deemed an original, this the 9th day of February , 20 06 PRINCIPAL Australian Courtworks, Incorporated By: ` it /114 it', L 4-)4.-=-7; r (Print Name & Title) ATTEST Secretary 2r1 V/44 ;A-$,A A ors &<-J- (Print Name) SURETY Fidelity and Deposit/Pgmpany of Maryland By: 4 Attorney -iii -fact D. M. Ferris (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Insurance Service Agency Contact Person: Linda Sommers Address: 6116 Ayers St., Ste. 5B Corpus Christi, TX 78415 Phone Number: (361) 855 -3939 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02? Performance Bond Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland, by PAUL C. ROGERS, Vice pursuance of authority granted by Article VI, Section 2, of the By side hereof and are hereby certified to be in full force and effec appoint J. Carlton SMITH, S. Lyle BATES, JR., W. E. F M. FERRIS, Gene HORNER, Robert L. ELLIOTT an and lawful agent and Attorney -in -Fact, to make. execute deed any and all bonds and undertakings and the shall be as binding upon said Company, as fully an acknowledged by the regularly elected officers of This power of attorney revokes that issued on b ARMSTRONG, Jerry G. VEAZEY. JR.. D. November 10, 1999. The said Assistant Secretary does here% that Section 2, of the By-Laws of said Company, d is no ident, and of said date h , Jim JOYN nd deliv ion of s y, to all in . SMITH, Assistant Secretary, in y, which are set forth on the reverse oes hereby nominate, constitute and STRONG, Jerry G. VEAZEY, JR., D. , all of Jackson, Mississippi, EACH its true and on its behalf as surety, and as its act and ds or undertakings in pursuance of these presents, and purposes, as if they had been duly executed and mpany office in Baltimore, Md., in their own proper persons. f J. Car MITH, S. Lyle BATES, JR., W. E. FRENCH, Jim A. S, G RNER, Robert L. ELLIOTT, T. L. JOYNER, III, dated Y P Y• w IN WITNESS WHEREOF, the said Vice -Pre affixed the Corporate Seal of the said FIDELI A.D. 2003. ATTEST: ct set forth on the reverse side hereof is a true copy of Article VI, and Assistant Secretary have hereunto subscribed their names and D DEPOSIT COMPANY OF MARYLAND, this 16th day of January, T E. Smith Assistant Secretary 1. State of Maryland ss. City of Baltimore FIDELITY AN By: EPOSIT NY OF MARYLAND Rog - "s Vice President On this 16th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. M Sandra Lynn Moony (i Notary Public My Commission Expires: January 1, 2004 °OA -S 164 -3526 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of Ma}, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the• company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of February 2006 ssistant Secretary ALIE i .i! CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS :;qty 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 'NA ". FIRM NAMF AUSTRALIAN CUURTWURKS, INCORPORATED ;TREE?: 1030 Hwy. 471, Suite 105 -A CITY: Brandon, MS - -- ZIP; 39042 IRM is: 1. Corporation —XX _ 2. Partnership _ 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) N/A 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 Title State the names of each "board member of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm'. Name N/A 4 State the names of each employee or officer of a matter related to the subject of this contract and ownership in the above named "firm" Name N/A Board, Commission or Committee "consultant" C Christi who e an'one h po terr Corpus nsttuting 3 %ormore of the Consultant CERTIFICATE i certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld 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: Max Na l der Title {Type or Print} Signature of Certifying Person ,4ezei„, Remo:4 r'ROPOSAL FORM Page 9 of 10 President Date; January 17, 2006 161 IEER'INE DEFINITIONS PAGE 14/14 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 entities which, for purposes of taxation, are treated as non -profit organizations. d. "Official ". 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. f. "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 10 of 10 ADDENDUM NO. 2 Attachment No. 1 Page 10 of 10 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER Bottrell Ins Agency P.O. Sox 1490 Jackson MS 39215 -1490 Phone :601- 960 -8200 Fax:601 -960 -8240 INSURED us0 71 Incorp. Brandon MS 39042 OP ID R DATE (MM /DDIYYYY) AUSTR -1 1 02/06/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER Lafayette Insurance Co. INSURER B. INSURER C INSURER D INSURER E American Home Assurance C COVERAGES THE POLICIES OF INSURANCE LISTED BELCW HAVE BEEN ISSUED TC THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE ,! POLICY NUMBER 1 POLICY EFFECTIVE , DATE (MM/DDIYY) 09/29/05 POLICY EXPIRATION I DATE (MMVDDIYY) ( 09/29/06 ." LIMITS EACH OCCURRENCE $1000000 A GENERAL LIABILITY ,Y X COMMERCIAL ;ENERAL L IABILI rY 85304648 PRE ISES(Eaoccure nce) $ 100000 GLAIMS MADE X OCCUR ,;ENT. AGGREGATE -IMIT APPLIES PER. POLICY I °-] PRO - ', I JECT i I LOC MED EXP (Any one person) $5000 PERSONAL & ADV INJURY $ ].000000 GENERAL AGGREGATE 2000000 PRODUCTS - COMP /OP AGG $ 2 0 00 0 00 A AUTOMOBILE LIABILITY X ANY AUTG ),/ 85304648 09/29/05 09/29/06 ALL OWNED Al OS V, SCHEDULED A I'JS HIRED ALIT OS NON -OWNED A, -!TOS COMBINED SINGLE LIMIT Ea accident) $1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY Ai_ITC i AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY V I—__ X OCCUR r CLAIMS MADE DEDUCTIBLE X RETENTION $ 10000 85304648 09/29/05 09/29/06 / V/ EACH OCCURRENCE V(2000000 AGGREGATE $ 2000000 $ $ $ B WORKERS COMPENSATION AND WORKERS IJABILITY ANY PROPRIETOR/PARTNEREXECUT!VE OFFICER/MEMBnd EXCLUDED, If yes describe under SPECIAL PROVISIONS belcr. 1844198 09/29/05 ! 09/29/ 6 W C S I A 1U- 01H- X TORY LIMITS I ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 5 0 0 0 0 0 E.L. DISEASE - POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: HEB Tennis Center Improvements Project Bond 2004. The City of Corpus Christi is named as additional insured as regards general liability and auto liability. nenrie.rarr u.t......, CANCELLATION City of Corpus Christi d Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 ACORD 25 (2001/08) CORPUS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WRIAMerammilt AU D RE NTATIVE ©ACORD CORPORATION 1988 02 2006 15 .7 FAA 601 9608240 BOT"IRELL AGENCY UO03 /005 COMMERCIAL GENERAL LIABILITY THYS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the followini: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Same of parson or Organisation' City of corpus Christi Deportment of Engineering Services ATTU' Ccntraet Administrator P.O. Box 9277 Corpus Christi, Texas 79469 -9277 (If no entry appears above, information required to complete this endoreemer:t will be shown in the Declaration as applicable to this endorsement.) SVC X5 AN =sun= (Section ii) is amended to include as an insured the perm= or organisation ehawn in the Schedule, but only with respect to liability arising out cf "your work" for that insured by or for you. !'soar! tnauredt Australian Courtworks, Inc. V Policy Number- 851(1464R `� Effective Date of This ersdoraetfent: 2/20/06 Authorised Representative: Bottrell Agency Cam,._ '/ lraa (Printed): Gene Horner Title (Printed): Agent CO 20 1.0 11 85 0: 2006 If,. i8 FAX 601 960-3240 FIOT'RFI 1 :3GEIvCI 0004 /005 TR990111 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: !BUSINESS AUTO COMA= FORM GARAGE COVERAGE YORK TRUCKERS cowman FORM This endorsement changes the policy effective on the inception date of the nolicv unless another date is indicated below: Endorsement Effective 2/20/06 Policy Number 85304648 ✓ Named Insured Australian Courtworks, Inc. / - Countersigned by Authorized Repr'elvntative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. City of Corpus Christi Dept. of Engineering Services Attn;' Contract Administrator P.O. fax 9277 Corpus Christi, TX 76469 -9277 (Enter Name and Address of Additional Insured.) is an inured, but -only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured his not required to pay for any premiums atatigd in the policy or earned from the policy. Any return premium and any divddend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will Rail the addi4ttenal insured notice of any cancellaCion of this policy. If the cancellation is by us, we will give ten days notice to the additional insured The additional insured will retain any right of recovery an a claim= under this policy. PORE TX 99 012 - ADDITTOiKAL ENBORED l' 9 2006 1; 17 FAA 601 968240 BO TRELl AGENC\ [6002 /005 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CART:)ULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the fo1louing: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE P3l'itT POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we ,:agree to mail prior written notice of cancellation or tl ".••� * *" , t Schedule 1. Name: SEE BELOW 2. Address: SE8 BELOW 3. Number of days advance notice: THIRTY (30) City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Named Insured: Australian Courtworks, Inc. Policy Number: 85104648 _ Effective Date of Thia Endorsement. 02/20/06 Authorized Representative: The Bottrell Agenrj Name (Printed) : Pens Horner 1 Title (Printed) :1 Agent CG0206 (11 -85) 0: 2006 i5 i9 FAA ;ns y6(,' +24 B0'I'TREI.I AGE\('\ CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following; BUMXNISB AUTO COVMRA I TORM GIVAlT COVBRXu= FORM Tzur1 v lS COMBS' FORM This endorsement changer' the policy effective an the inception date of Wie policy unless another date is indicated below:— Indorsement Effective 02/20/06 f Policy Number 85304648 '/ Named Inured Australian Courtworks,,Inc. f Countersigned by thorized Rapresti,nt ativel vjgav r (3Q) days before this policy is cancelled or vui.teritlly changed to reduce or restrict coverage we will mail notice of the cancellation or change to; S2S 9ELOW BEE BELOW (Eater Name and Address) City of Corpus Christi Dept. Or ](tiginesring Services Attn: (Contract Administrator P.O. Box 9277 Corpus!Chrieti, 'r1 78469 -9277 Authorized Representative: The Bottrell Agency Name (Printed): Gene Horner Title (Printed): Agent VQE( Ts 02 02a - CANCILLAZZOIT PZOVZIICI 01 00TXRA41 CZAR= ERDonffe EMT Texas 0tatadard Automobile Indorsement Psesartbod >treaembsr i, 1997 Z005/005 2006 22 FAX 601 96('5240 IiOTTRF:IJ AGENCY Z002 1702 O2 O2A CANCELLATION P'ROVLSION OR COVERAGE CHANGE ENDORSEbflgirr This endorsement modifies insurance provided under the fallowing: This endorsement chanson the policy affective an the inception date of tt;e policy unions another date is indicated below: 'Endorsement Effective 02/20/06 v Policy Number - 1844198 Named Insured Australian Courtworks, Inc. American International Ins Co. Countersigned by 1 2827 cae► / days or cage to: 9sE BELOW (Authorised Repreieem sative) before this policy is cancelled: we will mail notice of the cancellation SEE EET,ou (Enter Name and Address) City of Corp= Christi Dept. of K gineering Services V/ Attn: Contract Administrator P.O, Box 9277 Corpus Christi, T% 78469 -9277 Authorized Representative: N/ The Bottrell Agency Same (Printed) : Gene Horner Title (Printed): Agent