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C2009-425 - 8/25/2009 - Approved
BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT ARCHITECT: CHUCK ANASTOS ASSOCIATES, LLC PO BOX 3883, 78463-3883 901 SOUTH STAPLES STREET, 78409 CORPUS CHRISTI, TEXAS ~I TEL: 361.884.4422 FAX: 361.884.4419 EMAIL: caaincarch@aol.com FOR CITY OF CORPUS CHRISTI, TEXAS Phoae: 361/826-3500 Fax: 361/826-3501 .i ~xoJECT Na : 3 3 61 ~~gt~D qq~ iis `g Lis H. Ay y~~ i* WO =Qe 9~0 ~ DRAWING NO : PBG- 7 4 3 ~ ~ `A~t ... ,~ ~'~- o~ ` °' '~ 'r + aF 2t ray ~avq DEPARTMENT OF ENGINEERING. SERVICES ~~ .. ~' ~~ ErrH w. as' ,, ~ ,: ~; ••.c,~ . ~o.••' y .. .~ _- ~•...__ ~. Z~ _ oq (Revised 6/27/99) BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 CITY PROJECT NUMBER 3361 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/2000) NOTICE TO CONTRACTORS - A Insurance Requirements (Revised May 2006) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services A l ~~F~e~ s~e~~-~~'~~~-~=~~ NOT USE D A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds ~~ ~_, ~_ m___ r_...-.....~_ ..-. NO LONGER APPLICABLE (6/11/98) _r-~T vcamcv xu:_ -__.___L _-___ A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution Page 1 of 5 ADDENDUM NO. 2 ATTACHMENT N0.1 Page 1 of 5 A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents r ~~ ~ ~ T.,_~ T . , ; ~, _ r__ _ _, n_ NOT USED A-36 Other Submittals ~~ € NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates 3~ n, ~__..._ Ta______.-- NOT USED - 1 A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As Built Dimensions and Drawings (7/5/00) NOT USED A 9~ ~z Cyst s~~i~-a~r~ ~~~€+•~~a~.~~~=;~~•e , ~ ~ ~ ~ ~ „ ~ NOT USE D A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Windstorm Certification' A-51 Amended Prosecution and Progress Submittal Transmittal Form Attachment 1- Project Sign PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART C-1 - FEDERALLY REQUIRED LANGUAGE PART T - TECHNICAL SPECIFICATIONS DIVISION 2 Section 02050 Section 02230 Section 02315 Section 02320 Section 02362 Section 02466 Section 02755 Section 02821 - SITEWORK - Selective Demolition - Partial Site Clearing - Excavation and Fill - Backfill - Termite Control - Drilled Piers with Underreams - Pavement Markings - Aluminum Fencing and Gates DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03130 - Permanent Insulating Section 03164 - Void Forms Concrete Forming System ADDENDUM NO. 2 Page 2 of 5 ATTACHMENT N0.1 Page 2 of 5 Section,~3200 Section 03300 Section 03370 DIVISION 4 Section 04100 Section 04820 Concrete Reinforcement Cast-in-Place Concrete Concrete Curing MASONRY Mortar and Masonry Grout Reinforced Unit Masonry Assemblies DIVISION 5 - METALS Section 05500 - Metal Fabrications Section 05801 - Expansion Joint Covers DIVISION 6 - WOOD AND PLASTICS Section 06112 - Framing and Decking Section 06192 - Prefabricated Wood Trusses Section 06200 - Finish Carpentry Section 06400 - Architectural Woodwork DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 07140 - Liquid-Applied Vapor Retarder Air Barrier _ Section 07214 - Foamed-In-Place Insulation Section 07311 - Asphalt Shingles Section 07460 - Soffits Section 07531 - Single-Ply Roofing - Mechanically Attached Section 07531 - Appendix to Section 07531 - Manufacturer's Roofing Details Section 07600 - Flashing and Sheet Metal Section 07840 - Firestopping Section 07900 - Sealants and Caulking DIVISION 8 Section 08110 Section 08212 Section 08333 Section 08400 Section 08710 Section 08800 DOOR AND WINDOWS Standard Steel Doors and Frames Flush Wood Doors Overhead Coiling Doors Aluminum Entrances and Storefronts Door Hardware Glazing DIVISION 9 - FINISHES Section 09220 - Portland Cement Plastering(Stucco)and Interior Veneer Plaster Section 09260 - Gypsum Board Assemblies Section 09300 - Tile Section 09510 - Acoustical Ceilings Section 09520 - Acoustical Ceilings - Direct Mechanical Mounting Section 09650 - Resilient Flooring Section 09900 - Paints and Coatings Section 09960 - ICF Finish System Exterior - Textured Acrylic Finish System DIVISION 10 Section 10100 Section 10170 Section 10261 Section 10440 Section 10523 Section 10800 - SPECIALTIES Visual Display Boards Plastic Toilet Compartments Corner Guards Signs Fire Extinguisher Cabinets Toilet and Bath Accessories ADDENDUM NO. 2 Page 3 of 5 ATTACHMENT N0.1 Page 3 of 5 DIVISL Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section ON 15 15010 15020 15030 15058 15060 • 15070 • 15075 15080 • 15140 15150 15180 15190 15410 15575 • 15671 15720 15760 15810 15820 15830 15850 15860 15975 15990 -Mechanical Mechanical General Conditions Starting Of Plumbing and HVAC Systems Mechanical Demolition Access Doors Hangers and Supports Vibration Isolation Mechanical Identification Mechanical Insulation Domestic Water Piping Sanitary Waste and Vent Piping Refrigerant and Condensate Drain Piping Natural Gas Piping Plumbing Fixtures Flue Gas Venting Air Cooled Condensing Units Air Handling Units Fan and Coil Units Ducts Duct Accessories Fans Air Outlets and Inlets Air Cleaning Devices Automatic Temperature Control Systems Testing, Adjusting, And Balancing DIVISION 16 - ELECTRICAL Section 16010 - Special Provisions For Electrical Work Section 16100 - Access Doors Section 16110 - Raceways Section 16111 - Conduit And Fittings Section 16120 - Wire And Cable - 600 Volts And Under Section 16131 - Junction And Pull Boxes Section 16134 - Outlet Boxes Section 16140 - Wiring Devices Section 16144 - Surface Metal Raceway Section 16150 - Motors, Controllers And Electric Powered Equipment Section 16170 - Disconnect Switches Section 16190 - Supporting Devices Section 16411 - Underground Services Section 16440 - Metering Section 16450 - Grounding Section 16472 - Load Center Panels Section 16476 - Fuses Section 16501 - Lighting Fixtures Section 16603 - Empty Raceway Systems Section 16611 - Transient Voltage Surge Suppressors Section 16711 - Public Address System Section 16720 - Fire Alarm System Section 16910 - Temperature Controls Section 16996 - Electrical System Startup APPENDIX A - GEOTECHNICAL INVESTIGATION LIST OF DRAWINGS Sheet #1 TITLE SHEET Sheet #2 SITE PLAN Page 4 of 5 ADDENDUM NO. 2 ATTACHMENT N0.1 Page 4 of 5 Sheet #3 SITE GRADING PLAN & DETAILS Sheet #4 TOPOGRAPHIC SURVEY Sheet #5 ACCESSIBILITY DATA SHEET Sheet #6 DEMOLITION PLAN Sheet #7 FLOOR PLAN Sheet #8 ROOF PLAN & DETAILS Sheet #9 REFLECTED CEILING PLAN, FLOOR FINISH/ FURNITURE PLAN Sheet #10 EXTERIOR ELEVATIONS Sheet #11 BUILDING SECTIONS, INTERIOR ELEVATIONS & ENLARGED PLANS Sheet #12 INTERIOR ELEVATIONS & DETAILS Sheet #13 WALL SECTIONS & PARTITION SCHEDULE Sheet #14 WALL SECTIONS Sheet #15 ROOM FINISH SCHEDULE, DOOR & WINDOW SCHEDULES & DETAILS Sheet #16 DETAILS Sheet #17 STRUCTURAL NOTES Sheet #18 FOUNDATION PLAN Sheet #19 FLOOR FRAMING PLAN Sheet #20 DETAILS Sheet #21 ROOF FRAMING PLAN Sheet #22 MEP SITE PLAN Sheet #23 HVAC DEMOLITION Sheet #24 HVAC FLOOR PLAN Sheet #25 HVAC SCHEDULES Sheet #26 HVAC SCHEDULES Sheet #27 HVAC DETAILS Sheet #28 HVAC DETAILS Sheet #29 ELECTRICAL NOTES & SYMBOLS Sheet #30 ELECTRICAL DEMOLITION PLAN Sheet .#31 ELECTRICAL POWER & SIGNAL PLAN Sheet #32 ELECTRICAL LIGHTING PLAN Sheet #33 FIRE ALARM & SECURITY PLAN Sheet #34 ELECTRICAL SCHEDULES & DETAILS Sheet #35 ELECTRICAL DETAILS Sheet #36 PLUMBING DEMOLITION PLAN Sheet #37 PLUMBING RENOVATION PLAN Sheet #38 PLUMBING SCHEDULES Sheet #39 PLUMBING DETAILS Sheet #40 PLUMBING DETAILS Sheet #41 PLUMBING DETAILS AND RISERS Sheet #42 LANDSCAPE PLAN Sheet #43 IRRIGATION PLAN NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND ADDENDUM NO. 2 Page 5 of 5 ATTACHMENT N0.1 Page 5 of 5 NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: BROADMOOR SENIOR CENTER IN~ROVEMENTS - 2008, Project No. 3361: Consists of all Work for an addition and remodel of existing facility including demolition of existing interior walls and roofing. The addition shall include site clearing and stripping; termite control; insulated concrete forms; cast-in-place concrete; suspended structural concrete slab on void forms and drilled piers; metal fabrications; rough carpentry; finish carpentry and architectural wood casework; liquid applied vapor barrier; blanket insulation and foamed-in-place insulation; cement board soffit; EIFS; Portland cement plaster; gutters and downspouts; single ply roofing and composition shingle roofing; fire stopping; joint sealants; standard steel doors and frames; flush wood doors; aluminum store front; door hardware; glazing; gypsum board assemblies; ceramic tile; VCT flooring and rubber flooring; paint and coatings; mechanical systems; plumbing system and fixtures; electrical power system and lighting fixtures; final site clean-up and proper disposal of debris/waste and is partially funded by CDBG Community Development Block Grants; complete in accordance with the plans, specifications, and contract documents; will be received at the office of the City Secretary until 2:00 PM on Wednesday, June 17 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wednesday, June 10 2009, beginning at 2:00 PM, at the Engineering Services Main Conference Room, 3r Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will be available for questions and answers. 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 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 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 bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 ADDENDUM N0.2 ATTACHMENT N0.2 Page 1 of 1 N Z O ~ ~ p~ F' F 2 W O ~W QO I O m W N U Op N ~ ~- ? ~ O HO Z W Z 00 0WQ _ 5 OX~ Z F-UZY s00~ W mZ~~ W U ~ W ~k 0 ^~^ {.iW a ~-^J V Z~ J_ Z~ W W ~ 4 r U X :~ Z W W O i- Q UQy ~ W Q ~ Q N J 1 WOO 3Q ~ZD hOQ J J ~ d d ?~U XZ~~ Z O~Q Wtzaw cai~ >~ O~Z ~vwu~i :r amp W 2 0 V ,w ~~ M y Q~IN ~i M N f p o W ~ O M o N f f Iil ~ i o f i = H N y f N o o UI t N ~ i i _ ~ O O W '~ Q p V H M V1 Y O J ~~ ~/~ __ N ~• t ~~ V v ~° ~~ ~~ W = i {~ ~ N t~ W V D W F O S y W C ~ i V V }O 1~ v C~ ~] pN . Z <~ PATCH AND REPAIR STUCCO AS REQUIRE & REFINISH CONTINUOUS BACKE ROD & SEALANT, EA. SIDE .t Npp Z ~ ~ O ~=N <~ SPRAY ON INSULATION AS SPECIFIED NEW 2 X 6 WOOD STUD JAMB, EA. SIDE NEW GYPSUM BOARD NEW STOREFRONT ENTRY DOOR & FRAME AS SCHEDULED EXISTING WALL 8 STOREFRONT -JAMB DETAIL 15 15 SCALE: 3"= 1'-0" ~~~~ ~~ ~~ ~~ J~, ~0 13 ~ 16 JUNE 2009 W Z W V H ~~ N O '~ WW ~ N~ ~~ W v ~ N ~- G O m n in - e a ap W " O d O -~ ~ C Q w a ¢ m a x n ~ ~ v K~ m o m ~ ~ a O ~ ¢ x o O W ~ 6 P v 1- ~~ J O; ~., L W v v 0 v W .L 6 (~ ~ N r W V ~ ~ 6 - 0 2 V W 6 = 6 - I^ y ~ ~ ~ ~~~ ~W V ~ o o V ~1~ pN Z ~ ~ W V ,w ~ < W .~ ~ H~ W i~ ~ _ ~ O SPRAY ON INSULATION AS SPECIFIED NEW 2 X 6 WOOD STUD JAMB, EA. SIDE m PATCH AND REPAIR STUCCO AS REQUIRE & REFINISH CONTINUOUS BACKS ROD & SEALANT, EA. SIDE EXISTING WALL 9 STOREFRONT -HEAD DETAIL 15 15 SCALE: 3"= 1 ~-0" NEW GYPSUM BOARD NEW STOREFRONT ENTRY DOOR & FRAME AS SCHEDULED N N f M • W ~' O M • '~ N f N ~ ! • f ! S n ~ v ~ N N • O N ~ • V{ ~ N ! _ C ,. ! o O vxr f s o v e- r ~, J O, ~- N W ac v 0 ~ „ v . W = ! Q ~ N t W y D W F O Z i V W ! _ ! ~h o~ ~ ~ o '~ €~ I.C.F. WALLS AS BUCKS 6 TRTD SPECIFIED ~ ~ BLOCKING AS REQ'D E.I.F.S SYSTEM \ ~ ' v WRAP OPENING R WITH FLASH ~ v ~ MEMBRANE - ~~ ~ ~~ -- ~- ~ ~r ALUMINUM -~ STOREFRONT AS SCHEDULED 2" ~ 5" 1'-1" ~e pN . Z~ ~ 1 , o ~ ~ Win vz < ~~ ~ N ~~ W 2 N O 0C m INTERIOR VENEER PLASTER, PTD. 6" STOREFRONT WINDOW 10 HEAD DETAIL JAMB SIMILAR 15 15 SCALE: 3"= 1'-0" .n N - . « W ~ O « O N • f MI G t O f t .j ^ . K N y • O O ~ e W K G N r ~ C ~ O O W d. d P y r a ~ ~ O, ~., M L W - ac - v " 0 ~ „ v W .L C ~ „ F W y O W - 0 _~ V W 6 = `- V 'g O c `~ 16 JUNE 2009 VERTICAL CONSTRUCTION JOINT ONLY AS SHOWN. PREFER MONOLITHIC POUR OF WALL nstr. joint tine n ``` 1 '. ~ .,~~~ .~ ., ~~ \w4°~ ~~ ~2-~©~ _.. 1 ~~ ~~ "_'~ 1 • / 1 1 1 t - 1 1 t 1 1 ~~ 1 Q~T 1 1 1 ( i 1 1 ...'i~ ~ H CONSTRUCTION JOINT 2O ZO NOT TO SCALE M M - a a m W ~ o a m -~ v a M ~- ¢ m a e = ~ t- y e x M m O ~ m m vi ~ ~+ ~ o_e„~ o O W .o C P V H M /{ ~ O J 1- ~/1 ~ m 0 V W z ~ N H W V ~ W H O S y W e Z e - f/~~ m ~I ~ ~ ~ 2 y U ~ ~ ~ a y of ~WW V F- e q" c O m 4 ~ ~ m ~~~ a N p ~ Z '- ~~ H Z LsJ V <~ ~ Z N W~ ~ N~ O ~ a ~~ N 0 a 0 m City of Corpus Christi Community Development ~ ~ ....,. City of Corpus Christi U.S. Department of Housing and Urban Development Federal Requirements for CDBG Construc#ion Contracts Community Development Grants (CDBG) ADDENDUM N0.2 Attachment No. 3 2009 Page No.1 of 102 ~~~ City of Corpus Christi Federal Requirements for Community Development Block Grant ~CDBGj Construction Contracts This project is funded with U.S. Department of Housing and Urban Development (HUD) Community Development Grant (CDBG). Prime Contractor and Subcon#ractors shall abide to City of Corpus Christi, Community Development (CD} and U.S. Department of Housing and Urban Development (HUD) Federal Requirements for HOME funded projects. These requirements are in addition to other requirements included in the Construction Con#ract Documents. NOTE: Federal Requirements section entitled "Federal Requirements for CDBG Construction Contracts" shall be included in the Architect/Engineer Project Manual for Construction and wil! form part of the Construction Contract Documents for this project. City of Corpus Christi Community Development Department Federal Requirements CDBG Funded Projects wwww~~w w~wr~~ ~ ri TABLE OF CONTENTS 0 Contract Provisions B9 aid Exhibits and Certifications • Federal Wage Rates (Exhibit} • CDBG Federal Requirements Certification • Disclosure of Interest Certificate -(Exhibit) Byrd Anti-Lobbying Certification {II Insurance nand Bonding As per Contract Requirements t!1 Labor Statutes and Rules -- ®avis bacon Section DOL Statutes and Rules • Davis-Bacon and Related Acts Payroll Form HUD -347 Forms and Form HUD-11 • Contract Work Hours and Safety Standards Act • Copeland "Anti-Kickback" Act • Weekly Payrolls Sub-Section 1/ EE® Requirements Section • Equal Employment Opportunity • Section 3 -Sub-Section • Affirmative Action • Accessibility Standards ~!I Environmental Requirergrents • Clean Air Act and Clean Water Act • Energy Policy and Conservation Lead Based Poisoning Prevention Act VII Site Requirements • Project Sign Posting Requirements Vlll Project Reporting Requirerrnents • Form HUD 4770 • Form HUD 2510 • Form HUD 60042 ~ ^ ~ntr~~m~-~c Pro°~ ~ irons r ,q~e aw~r e~ rorv ~we» City of corpus C1~risEi Federal Requirements for Community Development Block Grant {CDBG) Funded Projects Contract Provisions Contractor shall comply with the following Federal requirements Contract Provisions. - A11 contracts, awarded by the subrecipient (agency) including small purchases, shall contain the following provisions as applicable: 1. Davis-Bacon Act, as amended (40 U.S.C. 27Ba to a-7) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7} and as supplemented by Department. of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"}. Under this Act, contractors shall be required to pay wages #o laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. fn addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported viola#ions to HUD. Construction contracts in excess of $2000 awarded by subgrantees* required by CDBG or HOME Federal grant program legislation) Federal Wage Rates. Shall be displayed for or employee view in a visible location at fhe job site. Payroll Forms - Weekly Payroll and Certification Form WH-347: Submitted weekly for prime contractor and all sub-contractors who have started on the job. The first time a worker is shown on the payroll, his full name, address, social security number, and his work class must be entered. Authorization for Si~anature of Payrolls: Must be submitted by Prime Contractor with the first uayrolis of the prime and a!I sub- contractors. payroll deduction authorization must be submitted for each employee for the f rst time they work on the project . Orig[nais signed Payrolls to be submitted to City of Corpus Christi designated staff for r®view and file. i/ 2. 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 construction contracts and in excess of $2500 for other contracts #hat involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333}, as supplemented by Department of Labor regulations {29 CFR part 5). Under Section 102 of the Act, each contractor shelf 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 less than 1 1/2 times the basic -rate of pay for al! hours worked in excess of 40 hours in the workweek..8Section 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. (Apply to Construction contracts awarded by subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) 3. Copeland "Anti-Kickback" Act {18 , U.S.C. 874 and 40 U.S.C. 276c) All contracts and subgrarrts in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"}. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. Ail contracts and subgrantees in excess of $2000. 4. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. _ 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federa{ Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Sets forth the anti-discrimination policy Parts II & III are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Shall be posted by the contractor in an accessible and visible location at the job site on a notice board. (Apply to al construction contracts awarded in excess of $10,000 by contractors or subgrantees*) 5. Section 3 - Economic Opportunities for Low and Very-Low Income Persons: Training, employment and contracting opportunities shall be made available, to the greatest extent feasible, to low and very-low income area residents and Section 3 cover businesses. Ali Section 3 covered contracts shall include this clause. ~~ 6. Affirmative Action Regulations and Plan - An Affirmative Action Plan must be submitted by the prime con#ractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view. Must include percentage of AAP goals. 7. Accessibility Compliance -HOME and CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communication barriers .Section 504 0# the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. S. Debarment and Suspension {E.O.s ?2549 and 92689)-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 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 pnncipa! 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. 10. Rights to Inventions Made Und®r a Contract or Agreement-Contracts or agreements for the perFormance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. 11. Clean Air Act (42 U.S.C. 7401 et seq.} and the Federal Water Pollution Control Act (33 U.S.C. ?25? 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 Po{lotion 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). Lead Base Paint and other environmental regula#ions apply. 12. Byrd Anti-Lobbying Amendment (3? U.S.C. ?352)-Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies #o the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attemp#ing 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 shalt 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. 13. Energy Policy and Conservation -Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act 14. Reporting -- Compliance with Reporting to (City) requirements and HUD regulations pertaining to reporting.. 15. Access to Records -All contracts awarded by recipients shall include a provision to the effect that the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for .the purpose of making audits, examinations, excerpts and transcriptions. 16. Records Retention - Aii project documentation is required to be kept on records for three years after grantees subgrantees make final payments and all other pending matters are closed. 17. insurance and Bonding ;Prime Contractor and Subcontractors shall comply with the Insurance and Bonding Requirements as per City of Corpus Christi. Below are some statutory minimum requirements. The City has additional Insurance requirements . Refer to Project Manual for Insurance Requirements for this project . Workers' Compensation -- A statutory requirement for the Prime Contractor and all Sub-contractors. Prior to construction-work start, the contractor shall be responsible for submitting documentation as proof of workers compensation coverage for the prime Contractor and any and all subcontractors used on the project site providing services for the project for the duration of the project, unti4 is completed and accepted by the City. General Liability and Auto Insurance -Mandatory for all contracts and subcontractors .Bid Bond, Performance and Payment Bonds, the bonds shall be obtained from companies .holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the U.S. 1$. Project Sign and Federal Documents Site Posting -Site Requirements Contractor shall construct a sign as drawing specifications in this section . Contractor shall comply with Federal requirements about postings federal documents for public information on the job site. Debarment and Suspension After bids are opened, the selected Bidder shall submit a list of proposed subcontractors. The ~ City will check that the selected Bidder, (Prime Contractor) and aA his/her proposed Subcontractors are not included in the General Services Administration's List of Parties Excluded from Federal Procurement Programs, according to E.O. 12549 and 12689 "Debarment and Suspension." No contract shall be made to aarties listed in the GSA debarred or suspended list. Exhibits and Certifications City of Corpus Christi Community Development; Block Grants(CDBG~ ~~ ~1ty oi' ~Ul'~~U.S ~~~ll"151:):. Federal Requirements Certification In accordance with the applicable statutes and regulations governing the federal requirements and contract provisions for construction contracts for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) the primary contractor certifies here that he/she shall: Comply. with ail applicable federal regulations and contract provisions for CDBG construction Contracts contained in the project manual. Insert appropriate provisions in all subcontractors covering work under this contract to ensure compliance by subcontractors. Nat enter into any subcontract with any person ar firm debarred from Government contracts pursuant to Executive Order 11246 and that he/she is not debarred from Government contracts. Signature/ Authorized Official: Title: Date: Company: City's Disclosure of Interest To be submitted with Bid a' >Z3..~. f~ ~ N' P~ ~wy(!~ CITY OF CORPUS CI#RISTI -DISCLOSURE OF INTERESTS r`'ty of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the f lowing information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for Ls Disclosure of Interest in Section II -General Information. C- '1IvIPANY NAME: .. O. BOX: STREET: k'1RM is: 1. Corporation { 4. Association { CITY: ZIP: 2. Partnership ( ) 3. Sole Owner S. Other { ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a 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" ime Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ~ mership in the above named "firm." Dame Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting or mare of the rnership in the above named "firm „ Name Board, 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 trie subject of this contract-and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." ame Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not laiowingly withheld disclosure 'any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. .,artifying Person: Title: Deffnitions for the Disclosure of Interest Form "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "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. - . "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 nonprofit organizations. "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. ~. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommer-dation. ~. /~ CONTRACTOR CERTIF[CATION Byrd Anti-Lobbying Byrd An#t-Lobbying Amendment (3i U,S.C. 1352}-Requires that ail Contractors who apply or bid for an award of more Than $100,000 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, grantor any other award covered by 31 U.S.C. 1 X52. Each tier shall also disclose any lob_ hying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up #o the recipient. firm Name: Street: City: _ .Zip; Firm is : 1. Corporation 2. Partnership 3. Sate Owner 4. Association 5. Other: CERTIFICATE Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). 1, certify to •the tier above #hat t wii! not and has not used Federal appropriated funds ~o ._ 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 gran#•.or any other award covered by.39 ~ U.S.C. 1352. Also t understand that l shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Certifying Person .; (Type or Print ) Signature of Certifying Person: Title: • Date: Insurance and Bonding (As per Contract Requirements) Labor Statutes and Rules Davis Bacon Section Department of Labor Requirements Table of contents o Contractor`s Guide to Davis- Bacon o Summary of Labor Statutes $ Rules Davis Bacon Act Contractor Work Hour and Safety Standards Copeland {Anil-Kickback Law) o Labor Standards Provisions o Wage Decision o Addi#lortiai Classifications o Subcontractors o Weekly Payrolls and instruction for Completion o Permissible Payroll Deductions o Authorization to Sign Payrolls o Payroll Form WH•347 and No-Work Performed Statement o Employee Interview Form HUD-9'[ o Posters and Field Requirements o Authority Ladder FOR DAMS BACON & LABOR STANDARDS PROVIStoNS Visit: OFFICE ~4F LABOR RELATioNS at HUD HQM E age: http~/lwww. h u d.g ov/off i ~e/o I r SUMMARY OF LABOR STATUTES & RULES 1. Summary of Labor Sta#utes 8~ Rules Includes a summary of Labor Statutes & Rules an outline of the: Davis Bacon Acf Contractor Work Nour and Safety Standards Copeland {Anti-Kickback Law) 2. Labor Standards Provisions These labor standards provisions are a part of the construction contract, and by signing the contract the Prime Contractor agrees to abide by them, Ali contracts between the Prime Contractor and Subcontractors, or Subcontractors and Lower-tier Subcontractors, must contain these provisions together with a copy of the prevailing wage rates. 3. Contractors Guide to Davis-Bacon The Contractors Guide to Davis-Bacon fully outlines each step. in meeting labor standards responsibilities. First time HUD assisted project contractors will benefit by reading and using this 'guide to review payrolls. To obtain a copy at HUD's website blip:// ww.hud.gov/offices/oir or HUD's Customers Service Center at (800) 7b7-7468 4. Wage Decision Ail Subcontractors must have a copy of the wage rates as weal as the Federal Labor Standards provisions. These should be a part of all contracts between the Prime Contractor, Subcontractors and Lower-tier Subcontractors Only tf needed, please submit a signed letter listing additional classifications and rates you will require. Upon review these will be submitted to the U:S. Department of Labor (DOL) for approval. Additional Classification rates are not .official until approval is received from DOL. This process takes 30 to 45 days. 5. Subcontractors The Prime Contractor must famish a list of ail Subcontractors and update it as necessary (form attached). A/! Subcontractors and Lower-tier Subcontractors must #urnish weekly payrolls: 6. Sample Payrolls and Instructions for Completion A sample WH-347 and instructional aids for filling out payrolls and the Statement of Compliance forms are attached. 7, Permissible Payroll Deductions A memorandum outlining permissible deductions is attached. All other deductions are not acceptable unless approved by U.S. DOL. Voluntary deductions (health insurance, retirement, etc) must be documented with the workers written authorization. 8. Authorization To Sign Payrolls Unless the owner/corporate officer signs payrolls, all contractors must submit a letter stating who in the firm is authorized to sign the certified payrolls. More than one person in a firm may be authoNzed. A new letter must be submitted when the authorization changes 9. WH-347 Payroll Form and No Work Performed Statement All original payrolls are to be submitted within seven days of the repotting period to the Prime Contractor. The Prime Contractor submits ail payrolls to the agency representative. Include full name, address, and social securi number on the f;rst payer( on which the employee appears. After that, unless there is an address change, only the name and sodas security number is necessary. "Work Classification" must be one that is shown on the wage decision or additional classification form. Show hourly wage paid, daily and total weekly number of hours worked and a[iowable dedu~tfons (FICA, state taxes) on every payroll. If "other" deduction box is used, be sure to describe the deduction in detail on the face of the payroll. (Refer to previous attachment for allowable deductions and INSTRUCTIONS FOR COMPLETING PAYROLL l=ORM, WH-347, Column 8 & 9.) Depending on whether fringe benefits are paid into athird-party. trust or in cash, check box "a" or "b" on the back of the farm. If a combination of "a" and "b" is used, explain In detail in box "c." If these are not checked, we w111 assume they are paid in cash. Payrolls must be submitted weekly as emp/oyees mt-st be pa/d weekly. If payrolls are numbered consecutively, "no work" payrolls or letters. are not required. Where there are gaps between non-consecutively numbered payrolls, contractors should either state on the first payroll foilowing such a gap that. to the best of his/her knowledge, no employee worked on the project during the gap or submit the attached "No Work Performed" statement for each gap. Indicate "Initial" on the first payroll and "final" on the last one. The payroll form may be copied with the repeating information (name of project, names and addresses of employees, name of firm, etc.) entered on the "master." Ali payrolls submitted must have an ori~fnal ink signature. The signature may not be copied or.stamped~ For computeNzed payrolls, make sure all data on the WH-347 Is shown on the printout. Often, the trades and days and hours worked are entered by hand. Attach a completed WH- 348 or the reverse side of the WH-347, to the computer printout. 11. Employee Interview Form (HUD-11) This is the form used by the project inspector to make on-the job interviews. Interviews are compared to payrolls to ensure they match the payroll data. Please alert employees that they may be interviewed. All interviews are confidential. 12. Poster(s) Past the attached poster(s) on the job site In a conspicuous place .along with the wage rates, including any additional classification .rates. 13. Authority Ladder The Prtrne Contractor is responsible for reviewing all payrolls before submitting them to the agency representative. Fee! free to use this sample as a guide for reviewing payrolls submitted by Subcontractors and Lower-tier Subcontractors. Please try to submit as correct as possible payrolls by requesting corrections from Subcontractors before submitting to the agency representative. This process may delay submittal to the agency representative; however, late, corrected payrolls are better than timely submitted incorrect ones that will have to be returned for correction. If It becomes apparent to the agency representative that the Prime Contractor is not reviewing payrolls, they may be ietumed to the Prime Contractor for review and resubmission prior to further scrutiny. The agency representative contract is with the Prime Contractor. Therefore, Subcontractors should ~ address the agency representative through the Prime Contractor and Lower-tier Subcontractors should go through the respective Subcontractor ~ with whom they have a contractual agreement. Normally, Subcontractors and Lower-tier Subcontractors should not contact the agency representative directly. clrr co.. PRIME CONTRACTOR SUBCONTRACTORS; (including Lower Tier) Monitor al[ labor standards Review payrolls as required Provide training & assistance General enforcement Distribute aN forms Submit ail payrolls to City (or HUD) Review all payrolls Request additional classifications from the local Agency Post wage decision on job site and other DOL Posting Post alt required posters General compliance of employees Submit weekly payroils to Prime Request additional classifications through ~ Prime General compliance of employees ' Davis-Bacon Act [Publtc -- No. 403-74th Congress] [S.3303~ A N 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 Stares of Rmerlca in Congress assembled, That the Act entitled "An Ad: relating to the rate of wages for laborers and mechanics employed on public build[ng of the United States and the District of Columbia by contrad:ors or subcontractors, and for other purposes," approved March 3, 1933, is amended to read as follows: "That the advertised spedflcatlons for every contract in excess of X2,000, to which the United States ar the District of Columbia is a party, for construction, alteration, and/or repair, inducting 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 n:quin~ or invdves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various dosses of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of t abor to be prevailing for the corresponding dosses of laborers and mechanics employed on projects of a character similar to the contract work In the dty, town, village, or other dull subdivision of the State in which the work is to be performed, yr In the District of Columbia if the work is to be performed there; and every contract based upon these spedflcations shall contain a stipula#ion that the contractor or his subcontractor shaft 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 theme stated in .the advertlsed spedflcations, 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 shalt be posted by the contractor In a prominent and easily accessible place at the site of the work; and the further s#ipulafiion that there may be withheld from tfie 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 cantract•wtthin 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 oontracor or any subcontractor diredfy on the site of the work covered by tfire 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 Govemment thereby. "Sec. 3. (a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to this Act; and the Comptroller General of the United States is further authorized and is directed to distribute a Ilst to all departments of the Government giving the names of persons or firms whom he~ has found to have disregarded their obllgabons 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 assodation 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 ternns of the contract, as aforesaid, are insuffident 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 bylaw 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 spedflc wage rates. "Sec. 5. This Ac# shall take effect thirty days after its passage, but shalt 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 ii, 74th Congress), are hereby made ava(lable for the fiscal year ending June 30, 1936, to the Department of l.abar 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 i of the Act errtlded "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, ind for other purposes," approved March 3, 1931 (46 Slat. 1494), as amended, is further amended by stoking out the words "States of the Union ar the District of Columbia" and inserting In lieu thereof :"States of the Union, the TerNtory of Alaska, the TerNtory of Hawaii, or the District of Columbia";and by striking out the words "or other dull subdivision of the State" and inserting in Ileu thereof "or other dull subdivision of the State, or the TerNtory of Alaska or the TeMtory of Hawaii". Sec 2. The amendments made by this Act shah take effect on the thirtieth day after the date of enactment of this Act, but shalt not affect any contract f n existence on suds effective date of made thereafter pursuant to invitations for bids outstanding on the date of enactment of this Act. Approved, June 15, 1940. [40 U.S. Code, sec. 276a-7] The fact that any contract authorized by any Act is entered into without regard to section 5 of Tttie 41, or upon acost-plus-a-fixed fee bass 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, 194i, i2 noon, ch. 26, 55 Stat. 53; Aug. 21, 1941, ch. 395, 55 Stat. 658. AMENDMENT 3ufy 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 8e It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section i 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 tfils Act the term 'wages' , 'scale of wages' , 'wage rates' ., 'minimum wages' , and 'prevailing wages' shall Include - "{ 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 antldpated in providing benefits to laborer-s and mechanics pursuant to an enforceable commitment to carry out a flnandally responsible plan or program which was communicated In writing to the laborers and mechanics affected, for medics! or hospital care, pensions on retirement or death, compensation for iniur(es or Illness resuitlng from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness Insurance, or acddent insurance, for vacation and holiday pay, for defraying costs of appren~ceship or other similar programs, or for other bona~flde fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local law to provide any of such benefits: provlded_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 refer-ed 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 fn paragraph (2)(B), or any combination thereof, where the aggregate of dry 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) shalt be deemed to be the rate computed under paragraph {1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing wage applicable to him under this Act, such regular or basic hourly rate of pay (or such other alternative rate) shat) 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 i5{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(x} 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.C. 276a -- 276a-5)," after tfie 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 shat! not affect any contract in existence on such effective date or made thereafter pursuant to invitations far bids outstanding on such effective date and the rate of payments spedfied by section i(b)(2) of the Act of March 3, 1931, as amended by this Act, shall, during a peNod of two hundred and seventy days after such effective date, become effective only in those cases and reasonable dosses 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. NOTICE TO ALL lr:,MPLOYEES working on Federal or Federally financed Construction Projects i ~T ~~I~~v You must be paid not less than the wage rate in the schedule ~~5 posted with this Notice for the kind of work you perform You must be paid not less than one-half times your basic rate ~~ ~ of pay for all hours worked over 40 a week. There are some exceptions . '"'~I Apprentices 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: US Department of Housing and Urban Development ATTN: LABOR RELATIONS SPECLA-LIST 106 South St. Mary Street, Ste 502 San Antonio, Texas (210) 4b5-6806 ®r you may contact the nearest office of the ~4Jage an t#tour Davasnon, i7.S. Department of ~.abor. ~'he Wage and ~oaar Dlvnslon leas offices en several la>undrecl com><numities throaa~glaoa~t tlr<e coa~ntay. 'Il'hey are listed an the U.S. 6sovernment section of most telephone directories t~n~ler: ~.LS. Department of ]Labor -I Publication 1321 imp®yment StaB-dards t~dmini~$ra$i®n U.S. Depaetmcnt of Labor Employatiout Standards icevised January 1986 Administxation Wa a and 1-tour Division Federal labor Standards Provisions FORM HUD 4010 Federal Labor Standards Provisions u.s. Department of Housing and Urban Development Office of Labor Relations Applicability Ti Pro]ect or Program to which the construction work covered by his contrect pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions arp inducted In this Contract pursuant to the provisions applicable to uch Federal assistance. A. 1. (f) Minimum Wages. All laborers and mechanics em- ployed orworking upon the efts of the work will be paid uncondi- tic wily and not less oaten than once a week, and without subse- q~ nt deduction or rebate on any account (except such payroll deauctions as are permitted by regulations issued by the Secre- tary of Labor under the Copeland Act (28 CFR Part 3), the full ar aunt of wages and bona fide fringe benefits {or cash equiva- le s ihereot)~due at time of payment rcomputed at rates not less than those contained fn the wage determination of the Secretary of tabor which is attached hereto and made a part hereof, re- gr- Mess of any contractual relationship which may be alleged.to e~ ~t between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticpated for bona fide irtr+ge beneNts under Section t(b)(2) of the Davis-19acon Act on br elf of laborers or mechanios are considered wages paid to se h laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv}; also, regular contributions made or costs incurred fo* more than a weekly period (but not less often then quarterly) ur er plans, funds, or programs. which cover the particular weeky pc. od, are deemod to be constructively made or incurred during such weekly period. S~ .h laborers and mechanics shall be paid the appropriate wage ra ~ and fringe benefits on the wage determination for the ciassl- fication of work actually performed, without regard to skill, except as provided in 28 CFR b.ti(a)(4). Laborers or mechanics per- fc ping work to mare than one classification maybe compensated a1 he rate specified for each dassiNcation for the time actually worked therein: Provided, That fhe employer's payroll records accurately set forth the time spent in each ciassltlcaifon in which w k is performed. The wage determination (including any addi- ti~ ~.at classification and wage rates conformed under 29 C1=R 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 th work in a prominent and accessible, place where it can ba e~- ,fly seen by the workers. (iij (a) Arty class of laborers or mechanics which is not listed In tk-. wage determination and wh~h is to be employed under the c. tract shall be classiRed in conformance with the wage deter- m-a~atton. HUD shall approve an additional classification and wage rats and fringe benefits therefor only when the following criteria h, a been met: (~., The work to be performed by the classification requested is not performed by a ctasstffcation in the wage determination; and (?` The dasslfication is utilized in the area by the constriction it ustry; and (~Cf The proposed wage rate, including any bona fide trtnge ben- efits, bears a reasonable relationship #o the wage rates contained it he wage determination. (1 _ if the contractor and the laborers and mechanics to be em- ployed in the classification (ff known), or-their representatives, aid HUD or its designee agree on the classification and wage r r (including the amount designated for fringe benefits where appropriate), a report of the sctbn taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Admtntstratfon, U.S. Department of La- bon, Washington, D.C.20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional ctasslficatlon action w{thin 30 days of receipt and so advise HUD or its designee or will nottty HUD or its designee within the 30-day period that additional time is necessary. {Approved by the Office of Management grid Budget under OMB control number i 215- 0140.) {c) In the event the contractor, the laborers or mechanics to be employed in the classifioation or their representatives, and HUD or its designee do not agree on the proposed dasafficstton and wage rate (lnduding the amount designated for fringe benefits, where appropriate}, HUD or its designee shall referthe questions, inducting the views of sit intere~ed parties and the recommenda- tion of HUD or its designee, to the Administrator for determtna- tion. The Administrator, or an authorized representative, wH! 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- 01 ao.} (d) The wage rate (lnduding fringe benoffts where appropriate) determined pursuant to subparagraphs (1)(fi)(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 ie per- formed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics inductee a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage~determinatfon or shah 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 coats rea- sonably anticipated in providing bona tide frirtfle 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-Baca 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 shat) upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to btl withheld from the con- tractor under this contract or any other ~~deral 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 avant of faNure to pay any laborer or mechanic, lnduding any apprentice, trainee or helper, employed orworking on the site of the work. all or part form HUD-4010 107/2003) .- __. . . POMO 1 .,e a rel. Handbook 1344.1 of -'re wages required by the contract, HiJD or Its designee may, afi r written notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such vii ttions have ceased. HUD or its designee may, after written nc ~e to the contractor, disburse such amounts wRhhetd for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall m ;e such disbursements in the case of direct Davis-Bacon Act cc, .Taste. 3. (lj Payrolls and basic records. Payrolls and basic records re'-ting thereto shall be maintained by the contractor during the cc rse of the work preserved for a period of three years thereaf- ter nor ail laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rit number of each such worker, his or her correct ctassiflcation, he rly rates of wages paid (including rates of contributlona or costs antrcipated for bona fide fringe benefits ar cash equfvalentsihereof of the types described in Section t(b}(2)(B) of the Davis-bacon Ar_ _, daily and weekly number of hours worked, doductionb made ar actual wages pall. Whenever the Se:retary of Labor has found under?9 CFR 5 a (a){1)pv) chat the wages of any laborer ar mechanic ::;.,.......: he ar,ioun# of any casts reasonably anticipated in rovitting benefits under a plan ~r ~r^!!rAm described r» Sec- tlc 1(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 iinancialty re- sF ~sibie, and that the plan or program has bean communicated in rlting to the laborers or mechanics affected and records whidt show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or, trainees ur sr approved programs shall maintain written evidence of the re _ stratfon of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and thA rattan and wage rates prescribed in the applicable programs. (P proved by the Office of Management and Budget under OMB C+_ ..trot Numbers 1215-0140 and 1215.0017.) (Il) {a) The contractor shall submft weekly for each week in which ar -contract work is performed a copy of all payrolls to HUD or Rs de ~pnee >f the agency is a party to the contract, but if the agency is not such a party, the contractor wilt submft the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to 'UD or its designee. The payrolls submitted shall set out ac- c~_ ~tely and completely alt of the information required to be main- tained.unde:29CFR b.5(a)(3)(t).Thfslnformation may be submit- ted in any form desired. Optional Form WH-347 is avaNable for th purpose and may be purchased from the Superintendent of D+ uments (Federal Stock Number 029-005-00014-1 ), U.S. Gov- ernment Printing Off[ce, Washington, DC 20402. The prime con- iractor is responsible for the submission of copies of payrolls by al subcontractors. (Approved by the Office of Management and 8t get under OMB Contra! Number 1215-0149.) (b) Each payroll sutxnitted shall be accompanied by a "Staie- m rt of Compliance; signed by the contractor or subcontractor or hl ~r her agent who pays or supervises the payment of the per- sons employed under the contrail and shall certify the fallowing: {i) That the payroll for the payroll period contains the Information re Tired to be maintained under 29 CFH 5.5 (a)(3){i) and that sc 'a Information is correct and complete; (2) That each laborer or mechanic (including each helper, ap- pr^~tice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without re- bate, either directly or indirecity, 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) ~ Thai each taborer or mechanic has been paid not less than the applicabfe wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the app11- 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 sutimisaion of the "Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) Thefalsificatlon 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 Tltie 31 of the United States Code. (Iii) The contractor or subcontrr3cto- ~!:;-'; ,,,,,ke, me records re- ~++r-ed under suhra~dgraph A.3.{i) available for inspection, capy- fng, or lransoriptlon by authorized representatives of HUD or ks designee or the Department of Labor. And QhAu ^^•^-" -~.,^w .o.• reseMativc:a to inia~~:i;~• .•^^;},~ayeses during working hours on the ~~o. if the contractor or subcontractor #ails 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 adios as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure io submft the required records upon request or to make such records available may be grounds for debarment action pur- suant to 28 CFR 5.12. 4. Apprentices and Trainees. (I) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona ltde apprenticeship program registered with the V.S. De- partment of Labor, Employment and'fi'aining AdrMnistration, 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 fn his or her first 90 days of probationary employment es an apprentice in such an apprenticeship•progrsun, who is noi~individualiy registered in the program, but who has been cerNfted by the Offke of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The aNowable ratio of apprentices to journeymen on the job site in any crett classificettion shall not be greater than the ratio permitted to the contrailor 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, shaft be paid not less than the applicabfe wage rate on the wage determination for the ctasslfica'tton of work actu- ally performed. !n addition, any apprentice performing wolfs 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 determinaticn 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 shat[ 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 • form HUD-4010(072003} urneymen hourly rate specified in the applicable wage determi- ~tion. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the appren- r~ceship program does not spedfy fringe benefits, apprentices must paid the full amount of fringe benefits listed on the wage deter- ~ination for the applicable classification. If the Administrator de- termines that a different practice prevags for the applicable ap- ^~entice classification, fringes shall be paid In accordance with .at determination. in the event the Office of ApprentlceshipTrain- ,,.$, Employer and Lobar Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- •enticeship program, the contractor will no longer be permitted utilize apprentices at less than the applicabte predetermined rate for the work performed until an acceptable program is ap- proved. ') Trainees. Except as provided in 29 CFR 5.16, trainees will 't 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- •oval, evidenced by formal certification by the U.S. Department Labor, Employment and Training Administration. The ratio of trainees to journeymen on the Job site shall not be greater than r~rmltted under the plan approved by the Employment and Train- 9 Administration. Every trainee muss be paid at not less than _-.e rate specified in the approved program for the trainee's level of progress, expressed as a peroentage of the Journeyman hourly -^te specflied in the applicabte wage determination. Trainees shall pall fringe benefits in accordance with the provisions of the .. •~tnee program. N the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits "ated on the wage determination unless the Administrator of the 'age and Hour bivislon determines that there is an apprentice- a~~ip program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full inge benefits for apprentices. Any employee listed on the pay- ~II at a trainee rate who is not registered and participating in a training plan approved by the Employment and 7i~ainfng Adminis- tratlonshall be paid net less than the applicabte wage rate on the age determination for the work actually performed. in addition, ,y trainee periotming 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 determinxtfon for the work ;tually perbrmed. In the event the Employment and 'fiiaining ministration withdraws approval of a training program, the con- tractor will no longer be psrmftted to utilize trainees, at less man the applicable predetermined rate for the work performed until an ~ceptable program is approved. ~~I) Equal employment opportunity. The utilization of appren- tices. trainees and journeymen under 29 CFR Part 5 shall be in ~nformity with the equal employment opportunity requirements t Executive Order 11246, as amended, and 29 CFR Part 30. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR b.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 wNh Davis-9acon and Related Act Requirernents. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Paris 1, 3, and 6 are herein incorpo- rated by reference In this contract 9. Disputes concerning tabor 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 shalt 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 V.S. Department of tabor, or the employees or their repre- sentatives. i0. {i) Certlficatlon of Eligibility. By entering Into this contract the contractor certNfes 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 tc be awarded Government contracts by virtue of Sect[on 3(a) of the Davis•Bacon Act or 29 CFR 5.12(x)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (1l) No part of th[s contract shall be subcontracted to any person or firm fneligibie for award of a Government contract by virtue of Section 3{a) of the Davis-Bacon Actor 29 CFR 5.12(x}(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. {111) The penalty for making false statements is prescribed In the U.S. Criminal Code, it3 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 to any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be fates..... shall be fined not more than 55,000 or imprisoned not more than two years, or both 11. Complaints, Proceedings, or Testimony ny Employees. No laborer or mechanic to whom the wage, salary, or other tabor standards provisions of th[s Contract are applicable shalt be dis- charged or in any other manner discriminated against by the Con- tractor orany subcontractor because such employee has filed any complaint ar instituted or caused to be instituted any proceeding or has testNied or Is about to testify in any proceeding under or relating to the labor standards applicable under this Contract io his employer. B. Contract Work Hours and Safety Standards Act. The provi- sions of this paragraph 8 are appiiraibie .only where the amount of 5. Com fiance with Ca stand Act re uirements. The contras- the Prime contract exceeds 5100,000. As used in this paragraph, the P P q terms Waborers and "mechanics" include watchmen and guards. for shall comply with the requirements of 29 CFR Part 3 which are (1) Overtime requirements. No conlraE~sor or subcontractorcon- icorporated by reference in this contract Iracting for arty part of the contract work which may require or irwofve _. Subcontracts. The contractor or subcontatctor will Insert in the employment of laborers or mechanics shalt require or permit any any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic In arty workweek in which he or she is Trough 11 of this paragraph A and such other clauses as HUD or employed on suc~i work to work in excess of 40 hours in such worts s designee may by appropriate instructtona require, and a copy week unless such taborer or mechanic receives compensation at a .,f the applicable prevailing wage dedsion, and also a clause re- rate net less than one and one-hail times the basic rate of pay for alt quiring the subcontractors to include these clauses In any lower hours worked In excess of 40 hours in surd workweek. "' er subcontracts. The prime contractor shall be responsible for (2) Violation; IiabiHty for unpaid wages; liquidated damages. ie compliance by any subcontractor or lower tier subcontractor In the event of any violation of the clause set torch in subpara- .With all the contract clauses in this paragraph. form HUD-4010 {07/2009) g; ~h {t } of this paragraph, the contractor and any subcontractor re ~onsibte therefor shall be liable for the unpaid wages. in addi- tion, such contractor and subcontractor shall be liable#o the United States (fn the case of work done under contract for the District of C° umbia or a territory, to such District or to such territory), for tic idated damages. Such liquidated damages shall be computed wlth• respect to each irtdivtduai laborer or mechanic, including watchmen and guards, employed In violation of the clause set fo win subparagreph (1) of this paragraph, in ihs sum of S10 to of h calendar day on which such individual was required or permit- ted to work in excess of the standard workweek of 40 hours without pe~ment of the overtime wages raqulred by the clause set forth in st paragraph (1) of this paragraph. (3, Wlthholdinp for unpaid wages and liquidated damages. HUD or its designee shall upon Its own action or upon written re cast of an authorised representative•of the Department of La- bc withhold or cause to be withheld, from any moneys payable on account of work pertormed by the contractor or subcontractor under any such contract or any other Federal contract with the se_ `'.e prime contract, or any other Federally-assisted contract sc ;act 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 ilabNities of such con- trc nor or subcontractor for unpaid wages and liquidated damages as ~rovfded !n 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 {t ~ through {4) of this paragraph and also a ciaues requiring fhe sub- contractors to Include these dauaes in any lowetr tier subcontracts. The prime contractor shalt be responsible far compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subpar~raphs {i) through {4) of this paragraph. C. Health and Safety The provisions of this paragreph C are ap- plioable only where the amount of the prime contract exceeds ~~oa,ooo. (1) No laborer or mechanic shall be required io work in surround- ings or under working conditions which are unsanitary, hazard- ous, or dangerous to his health and safety as determined under conatrudbn safety and health standards promulgated by the Sec- retary of labor by regulation. (2) The Contractor, sicall comply with aU regulations issued by the Secretary of Labor pursuant to Title 29 Part 1826 and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act, 40 Usf ,~7(~1 et sea. (3) The Contractor shall include the pravislons of this para- graph in every subcontract so thect such provisions will be binding on eadt subcontractor. ~ The Coninccctor shall take such, action with respect to any subcontract as tits Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Corm HIJD-4010(07/2003) _ .e~ cJs..Ah..n4 iZdd_1 Copeland "Anti-kickback°° Act TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring. dismissal from employment, or by any other manner whatsoever Induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or In part by loans or grants from the United States, to give up any part of the compensation to which he !s entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than flue years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948}, which was codified as 40 U,S.C. 27fib prior to Its repeal by 62 Stat. 862, eff. Sept. 1, 1948. J TITLE 40, U.S.C. (as amended} Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecutton, completion or repair of public buildings, public works or buildings or works financed in whole or In part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." j40 U.S.C. 276c, ~ as amended (48 Stat. 948 as amended by 62 Scat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 317fi, 64 Stat. 1267., 5 U. S.C. 1332 note}: "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agendes, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Weekly Payroll Forms Subdivision Web site to obtain weekly fll-able payroll form: v~vwvv.dol.~ov/esalforms/wbdlwb347,ndf Payroll Forms 0 ~~ t 0 0 U O L p _g ~F Q '~ ,~ ~~ 5 ~ ~ ~ 'o ~. ~, ~ tU ~ oQ~ v7 O ~~ N w Z~ in (~ W D a s Q !~ Y N W ` ~ ~~3 3 O F W 0 N ~~ 0 ~ ~I ,p I W >_ ~~ ~o ~. 0 o 1- z ~ . ~ 3 '161!0'20 O In O N O N O YI O ~/+ O N O N O M Q v ~ 3 SNOI1dN13X3 'JN10'IOHMJIM d0'ON Ty~j Z yWWy~~ Q ~+ ~ J J p ~ C OQ w~'o ~~ E ~~~ W~. a~ ~ s ~a ~~ ~.~~~ ~~~~ ~~ '~ ~ ~ ~ ~~.~ ~ ~~ .~ a ~ n ~, ~ ~ ~ .~ ~ ~° ~ ~~~ ~~~ ~ ~ '~ ~ ~~ ~ ~~ ~~~ ~~ o ~.~ r ~~~~ ~~~ ~~ ~° ~~~ ~~ ~ .~ ~~ ~~ ~_ ~~:~ ~ c ~ n ~ .~ a E LL .~ ~m~ ~~~ ~ ~8~ ~ E ~ ~ ~ m Q ~~.~ ~°3 ~ ~ ~ ~~ .~~~g ~=s ~~~ ~~ ~ M mm~ ~. ~ 4mn ~ ~ ~ O $ ~ ~ ~ d is ~ r~7 g ~ ~~. 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Properly filled out, this form will satisfy the requirements ` Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts. pis form meets needs resulting from the amendment of Davis-Bacon Act to include fringe benefits provisions. .,rider this amended law, the contractor is required to pay not kess than fringe benefits as predetermined by the Department of Labor, in addition to payment of not Less than the predetermined rates. The contractor's '~Ilgation to pay fringe benefits may be met. either by payment of the fringes to the various plans, funds or -ograms or by making these payments to the employees as cash In lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll ail monies to the employees, fiether as basic rates or as cash fn lieu of fringes and provides for the contractor's representation in the .,~aternent of compliance on the rear of the payroll that he is paying to other fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: ontractor or Subcontractor: Fil{ in your firm's name and check appropriate box. "ddress: Fill in your firm`s address. Column 1 -Name, Address,'and Social Security Number of Employee: The employee's full name and social Security Number must be shown on each weekly payroll submitted. The employee's address must also be sown on the payroll covering the first week in which the employee works on the project. The address need not _a shown on subsequent weekly payrolls unless the address changes. olumn 2 -Withholding Exemptions: This column Is merely inserted for the employer's convenience and is ~t a requirement of Regulations, Part 3 and 5. "olumn 3 -Work Classifications: List classification descriptive of work actually performed by employees. onsult classification and minimum wage schedule set forth in contract specifications. if additional c~assifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one dassiflcation provided accurate breakdown or hours so worked is Maintained and shown on submitted payroll by use of separate entries. Column 4 - Houra worked: On all contracts subject to the Contract Work Hours Standard Act enter as _vertime hours worked in excess of 8 hours per day and 40 hours a week. Column S -Total: Self-explanatory oiumn 6 -Rate of Pay, including Fringe Benefits: in straight time box, list actual hourly rate paid the employee for straight time worked plus In cash In Ifeu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. his is of assistance In correctly computing overtime. See "Fringe Benefits" below. in overtime box shown vertime hourly rate paid, plus any cash In lieu of fringes paid the employee. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid Is required for overtime under the ~'antract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined rate for the ossification which the employee works, the contractor shall pay to approved plans, funds or programs or shall ray as cash In lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS" below. RINGE BENEFITS -Contractors who pay ail required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined In the applicable roage decision of the Secretary of labor shall continue to show on the face of the payroll the basic cash hourly •ate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statemenC on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classlflcation in the applicable wage derision. Inasmuch as it is not necessary to pay time and a half on cash paid In lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time ~remlum on basic or regular rate, plus the required cash in fleu of fringes at the straight time rate. In addition, .he contractor shaft check paragraph 4(b} of the statement on the reverse of the payroll to Indicate .that he is paying fringe benefits in cash directly to his employees. Any exceptions shaft be noted in Section 4(c). lse of Section 4(c), Exceptions '1ny contractor who fs making payment to approved plans, funds, or programs in amounts less than the wage letermination requires is obliged to pay the deficiency directly to the employees as cash In lieu of fringes. Any ~xceptfons to Section 4(a) ar 4(b), whichever the contractor may check, shall be entered In section 4(c). Enter in the Exception column the craft, and enter fn the Explanation column the hourly amount paid the employee as :ash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall gay, and shall show that he 'is paying to each such employee for ail hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount »ot less than the predetermined rate plus cash in lieu of fringes as shown in Section 4{c). The rate paid and amount of cash paid ~ lieu of fringe benefits per hour should be entered In column 6 on the payroll. See paragraph on "Contractors .rho pay no fringe benefits" for computation of overtime rate. :olumn 7 -Gross Amount Earned: Enter gross amount earned on this project. If part of the employees' ieekly wage was earned on projects other than the project described on this payroll, enter fn column 7 first the amount earned on the Federal or Federally assisted project and then the grass amount earned during the week ~n all projects, thus $63.00/$120.00. column 8 -Deductions: Five columns are provided for showing deductions made. If more than frve deduction should be involved, use first 4 columns; show the balance deductions under "Other" column; show actual total ender "Total Deductions" column: and in the attachment to the payroll describe the deduction contained in the Dther" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his •-reekly gross wage, but indicate that deductions are based on his gross wages. Column 9 -Net Wages Paid for Week: Self-explanatory 'otais -Space has been left at the bottom of the columns so that totals may be shown if the contractor so .~esi res. ;tatement Required 6y Regutations, Parts 3 and 5: While this form need not be notarized, the statement n the back of the payroll is subject to the penalties provided by 18 U5V 1001, namely, possible imprisonment of 5 years or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge of +•he facts represented as true. space has been provided between item (1) and (2) of the statement for desa-ibing any deductions made. if all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in tie payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions concerning Oiling out paragraph of the statement. 'tote: In order to view, fill out, and print PDF forms, you need AdobeQ Acrobat® Readers version 5 or later, Which you may download for free at http:L/www.adobe,com/productslacrobatlr~ad~tep html. To save the completed forms on your workstation, you need to use the "Save..As" method to save the file. For example, move your mouse curser. over the PD1= fink and click on your "RIGHT" mouse button. This will cause a menu to be displayed, from which you will select t#~e proper save option -- depending upon which browser you are using: For Microsoft IE users, select "Save Target As" For Netscape Navigator users, se#ect "Save Link As" Once you've selected the proper save option for your browser, and have saved the file to a location you specified, go to your program menu and start the Adobe Acrobat® Reader. Once open, locate the PDF file you saved and open it directly in Acrobat®. Electronic Code of Federal Regulations (e-CFR) e-CFR Data is current as of April 20, 2007 Tifie 29: Labor B,FQWge Previous i ~rovuse Next ~ 3.5 Payroll deductions permiss[bte without application to~ or approval of the Secretary of t~rbor. Deductions made under the drex~mstances o< M fhe situaftons desaibed in the paragraphs d this section may be made Wnhaat application to aid approval d the Sea+etary d tabor: {a) Any dedudion made in oompNance with qie requirements of Federal, State, or focal law,. such as federal or State wiihholdirg irxome ta~aes and Faders[ social security tara~s. (b) Any deduction of sump pr~ev[ously paid to the employee ad a bona tide prepayment of wages vuhen such prepayment is made wlUiout discount or interest. A bona ode p~apaynrerrt of wages k considered to .have been made only vuhen cash or Its equlvalorrt has been advanced to the person employed In such menrrer as-to glue him complete freedom d disposltivn d t#te advanced funds. {c) Any dedudion d amounts r+equlred by court process to be paid to another, unless the deduction is In favor d fhe wtaracxor, subcontractcr, or any alliiiated person, or when coilusion or ooflaboratlon exists. {d). Any deduction coradtuting a oonWbution on behalf of the person emptoy+ed b fund establshed by the empk~yar a representatives d employees, or bo8r, for the propose d provldinp either fr+otn prMdpal or tnoome, or both, medicml.or tat care, pensions or annuities on retirement, death benefits, oompensa9on fcr h~uries, mess, axxfdeds, sidlaress, or disaligNy, a for irouranoe to provide any of the foregoing, or tmemployrnent - benefits, vacattlon pay, saNr~s accounts, or similar paymertts for the benetit d employees. theiriam~ies and dependents: Provided, howetnar, That tha.fdlowing standards are met: • (1) the dedudion >s not othenMse prohibited hY law; (2) it is either. (i) Voluntarily consented to by the employee in wridng and in advance d the period in which the work is to be done and such consent is not a condition either for the obtaining d or fqr the continuation demploymerd, or ;: -~ (n) provided for in a bona fide collective bargaining agreement between the contractor ~or subcontractor and representatives dIts employees; (3} No profit or other benefit k otherwise obtained, dIr+ectly or indirecdy, by the contractor or subcontracdor or any afti~aded person in the form d commission. dividend, or ottieruuise; and (4) The deductions shall serve the convenience and interest d the employee. i..\ e.....~..r..~ss~........F.[F..Ainn Mv~rt li...........t~........s ~ ~..a...r c~a..a__ ri~~.~~~ ca~~.._ ..r (f} Any deduction requested by the employee to enable him io repay loans to or to purchase shares In cxedlt unions orgardzed and operated In accardanoa with Federal and State credit union statutes. (g) Any deduction vduntarity authorized by the employee for the maWng of contributions to governmental or quasi-goverruunedtai agencies, such as the American Fled Crass, (h) Arty dedudion voluntarily authorized by the employee for the maWng of cor~rlbutions to Community Chests, tJnlted Givers Funds, and ~simUar charitable organizattons.~ (i) Any deductions to Ray regular urifon inttlaBon fee's and membership dues. not inducting frnss or spedal asses~ients: PJrovt~ded, boweger, That a ooliedive tiargaiNn9 a~gredem ~ actions and the deadudiorwaboontr ~o n ~protiibited by Mn+vPi p Q) Any deduction not more than for the "r~sa>abte cost' of board, [oc~ing, or other fadl'Ries meeting the. req rt ~ ~~ title. Wh n~such a dediucti~on~ts maths ad~dlfio~rtat~recor~ds amended and pa required under §516.25(a) of this Ude shag be kept. (k) qny deduction for the cost of safely equipment of nominal value purchased by the ernptoyee as his own proper~- iar Ns pasanai pro~teotion In his wait, such as ssiety shoes safety gtasses.'safety gkw~ and hard hats, 8 suoh~ equipment is nct nxiulred by law b be famished by the ernplcyer~ lE such deduc~on ~ not violative o! the Fair Labor' Standards /pct ~or proNWted by other law. U the oust on which the dedudton is based does n6t o~acaed .the aduat cost to the employer where iha equipment Is Qurohased from him and does, not inducts _any direct or trtdired monetary tetum to the empbyer where the equipment is pined from a third person and >E the dadudion is either {1) vdthe wo~iic is t done a~rxf such c onsentiis not aoondltionaeilher f the obtat ngni of v~filch employment or its ooMinuance; or {2) Provided far to a bona fide ooQectiva bargaining agreanent b~itir3en tha contractor or suboontrada and representatives of its employees. [29 FR 97, Jan. 4.1964, as amended at 96 FR 9770. May 28.'19711 For quoslians or comments regardi~ o~FR editotiat ooMord, teaGxt`s, or de:~n, emdt nar~naraaoy. For questions ooncerninp s-Ci'R ProA~~ and delivery issues. snail 9¢oaov. l.asl updated:~February 19,.2007 A~TTKORYLATION F(}R ~TCNATiJR_F,~,OF PAYR01'. ,~ Froject Name .~ Name of Company Date .. I. ~ - . ~ (Company Representative Name-Pleasc Print} ~ (Uriginal Sire-in bl~ inlc) . authorize __ _. _ -- ~ . tP,ayroll AccouAtant Namc-Please Print} ~ (Qrigina} Signatutrc-in blue ink) to sign the employee payrolls for my company. oa this project.. .; :~, . Payroll Deduction Authorization ~r`~is is authorization to the to deduct from my ~r ~ .. paycheck $ `.. This is for item numbertsl:. tcircte item number(s-}. ~; 1 Loan Retirement 3. Advance on Wages 4. Savings ! Savings Bonds . ~~~ Uniforms ~iiS deduction is to be made; ` (Check appropriate box} F~epayment ofs 7. Credit Union 8. Profit .Sharing 9. Donations to Agencies 10. Insurance Premiums 11. Union Oues 12. One Time Only 0 Weekly Q 8I-Weekiy 0 For +. .Weeks -ate~ ~mpioyee's Signature: Printed or Typed Name: _?ro;ect Name: BUD Project Number: 1, Payrotl #: . Project Name: . project Number. -City: .E For Work Week Beginning: And Ending:. ______ ___. Contractor: Signature and Date: ,~ ,. ~E .~O#'CI Of U.S. Department of Housing OMB Approval No. 2501-0009 and Urban Development ~ (exp. 1013112010) :mployee Interview Office of Labor Relations ubt ~eporting burden for this collection of information Is estimated to average 1t3 minutes par response, Incfuding the time for reviewing instructions, searching existing data sources, rth ~g and maintaining the data needed, and completing and reviewing the cdtecUon of InformeNon. This agency may not collect this IntorrnaNon, and you are not required to complete is form, unless it d(splaya a currently vaAd OMB control number. The Information is co98cted to ensure compliance with the Federel labor standards by recording interviews with >nsiructlon workers. The Information colleged will assist HUD in the conduct of compliance monitoring; the information wNl be used to test the varacky of certified payroll reports ibr ' ~~ed by the empioyer. 8ensltlve IrNormation. The Infonnatton collected on this form k considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these :ca ~ be maintained with appropriate administrative, technical, and physical sefsguaMs to ensure their securttyand contiderttiallty. In addition, these records should be protected fah .any anticipated threats or hazards to their security or Integrity that could resort In substantial harm, embarrassment, inconvenience, or unfairness to any Individual on whom the formation Is maintained. The information collected herein is votuMary, and any information provided shall be kept coMldenNal. a. 28: b. Project Number 2b. Employee Phane Number (inclucfing area coos) c. ~nlractor or Subcontractor (Employer) 2c. Employee Home Address & Zip Code _ 2d. Verif~ation ~ Identification? Yes ® No ^ a. ~ ~w long on this 3b. Last date on this 3c. No. of hours last 4a. Hourly rate of pay? 4b. Fringe Benefits? rb i Job before today? day on this Job? Vacation Yes ^ No ^ Medical Yes ^ No ^ Pension Yes ^ No ^ . Your job classification(s) (list sit) ---continue an a separate sheet if necessary 1 ar 4c. Pay stub? Yes ^ No ^ . T^~is or equipment used . A you an apprentice or trainee? . Are you paid for all hours worked? Y ^ ^ N ^ 10. Are you paid at least time and'/z 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? Y ^ ^ N ^ ^ 2a. Employee Signature 12b. Date 3. Duties observed by the Interviewer (Please be specific.) a. , :smacks 5a ;nterviewer name (please print) 15b. Signature of Interviewer 15c. Date of interview ~z roll Examination f). Remarks 7z Sf~nature ot`Pavroll Examiner J 17b. Date us editions are /, EEO Requirements Section § so-1.4 Equal opportunity clause. {a) Government contracts. Exc~t as otherwise provided, each contracting agency shall include the fottowtng equal opportunity dause contained in section 202 of the order in each of its Government contradts (and modifications thereof if not included in the original contract): During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee yr applican# for employment because of race, odor, religion, sex, or nationa! origin. The contractor will take affirmative action to ensure #hat applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origtn. Such action shalt include, but not be limited to the followir~: Employment, upgrading, demotion, or transfer, recruitment or reavitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprerrticeship. The contractor agrees to post in conspicuous places, avaflabie to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination dause. (2) The contractor will, in alt sdldtations or advertisements for employees placed by or on behalf of the contractor, state that all quaiified applicants wilt receive consideration for ernptoyment without regard to race, cdor, 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 contractor's commitments under section 202 of Executive Order 11245 of September 24,1965. and shall post copies of the notice in conspicuous pieces ava€lable to employees and applicants for employment. (4) The contractor will comply with ail provisions of Executive Order 11246 of September 24, 1965, and of the ruses, regulations, and relevant orders of the Secretary of Labor. (5) The conUactor will ~ furnish ail information and reports required by Executive Order 11246 of September 24, 1985, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and wiR permit access to his books, records, and accounts by the conVacting 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 non-compliance with the nondiscximination clauses of this contract or with any of such rules, re~utatlons, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor. may be declared ineligible for further Government oontrac~s in acxordance with procedures authorized In Executive Order 11248 of September 24,1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 11246 of Sep#ember 24,1965. or by rule, regulation, or order of the Secretary of Labor, or ss otherrn~se provided bylaw.. (7} the contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regula#ions, or orders of the Secretary of labor issued pursuant to section 204 of Executive Order 11248 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of labor as a means of enfordng such provisions including sanctions for nonoomptiance: Provided, however, that in the event the contractor becomes invdved in, or is threatened wi#h, litigation with a subcontn~ctor or vendor as a result of such direction, the contractor may request the United States to enter into such gtigation to protect the interests of the United States. {b) Federa!!y assisted cottstructlon contracts. (1) Except as otherwise provided, each administering agency shall ranidrQ tha inrJiicinn of the fdlc~wfne IArmtladA AA a t~i5nrlifinn of a.r. n.n..f .,....~.....~ ~...~.. ~...,...,......... ..............a.... The applicant hereby agrees that it wilt incorporate or cause to be incorporated into any contract for construe#ion work, or modihcatlon 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 #unds 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 invdving such grant, contract, loan, insurance, or guarantee, the fof[owing equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employes or applicant for employment because of race, cdor, 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 indude, 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 past In conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solidtafions or advertisements for employees placed by or on behalf of the contractor, state lhat all qualified applicants will receive considerations 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 v~ith which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post espies of the notice in conspicuous places available to employees and appllcanls far employment. (4) The contrator will comply with all provisions of Execwtive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of I..abor. (5) The contractor will furnish all infonnatiots and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the adminlstering agency and the Secretary: of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order-s: (6) In the avant of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions 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 bylaw. (7) The contractor wilt indude the portion of the sentence immediately preceding paragraph (1) and 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 11246 of September 24, 1865, so that sucfi provisions will be binding upon each subcontractor or vendor. The contractor wail take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enfcxdng such provisions, inducting 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 s+sah litigation to protect the interests of the United States. T-,o snn~ir~ant further agrees that it will be bound by the above eaual opportunity clause with respect to its the applicant so participating is a State or local government, the above equal opportunity douse is not appiicabie 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 viii assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subconVactors with the equal opportunity douse and the rotes, 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 derrronstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for viofatbn of the equal - opportunity douse as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to IPart ll, Subpart D of the Executive order. In addition. the applicant agrees that iF it falls or refuses to comply with these undertakings, the adminfstering agency may take any or all of the fdlowing actions: Cancel, terminate, or suspend In whole ar in part this grant (contract, loan, insurance, guarantee}; refrain from extendlnp any further assistance 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. (c) Subcontracts. Each nonexempt prime c~ntrador or subcontrador shall indude the equal opportunity douse in . each of Its nonexempt subcontrads. (d) lncorporatlan by reference. The equal opportuNty douse may be incorporated by reference In all Government contrails and subcontrads, including Government bills of lading, transportation requests, coMrads for deposft of Government funds, and contracts for Issuing and paying U.S. savings bonds and notes, and such other contrails and subcontrads as the Deputy Assistant Secretary may designate. (e) Mcorporatfon by o~penatlon of the order. By operation of the order, the equal opportunfty douse shall be constderBd to be a part of every contred and subcontract n3quired by the order and the regulations in this part to indude such a douse whether or not ft is physicaily irioorporated in such contrails and whether o< not the contract between the agency and the coMredor is written. •~ (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity douse as shall be appropriate to identify properly the parties and their undertakings. {43 FR 49240, Od. 20, 1978, as amended at 62 FR 66979, Dec. 22, 1997) SECTION 3 -Sub-Division 24CFR Part 135 (Job Opportunities for Low and Very L.ow Income Persons) 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 subje~` to the requirements of section 3 o f the Housing and Urban Development Act of 1968, as as~:~°~ .ded, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment • .other economic opportunities generated by HUD assistance or HUD-assisted projects cove;.-P:t ' y ~~r~ti~~ ' ^'~^" *o the greatest extent feasible, be directed to low- and T':i~- ' ; ~~_in: .,.;~, rPrsC~~: ,. _ .-~~.:~a,r L~-'~Jl-~ who are r~~' its of HUD assistRnc~ r,r ~~' ~ ,~. '*'-+P pa+~' .~ ctus contract agree to comply with HUD's regulations in 24 CFR part 135, which imrternent section 3. As evidenced by their execution of this contract, the parties to this contract :ert~fv that they are under no contractual or other impediment that would prevent them from cr~~-iying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may. result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 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 Aot (25 U.S.C. 450e} also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible {i) preference and opportunities for training and employment shall be given to Indians, and {ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section '7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). // SECTION 3 (24CFR Part 135} Job opportunities for Low and Very Low Income People Electronic Code of Federal Regulations (e-CFRj e-CFR Data is current as of October 7, 2005 Title 24: Housing and Urban Development PART 135--ECONOMIC OPPORTUNiT1ES FOR LOW- AND VERY LOW- . INCOME PERSONS Subpart A--General Provisions § 135.1 Purpose. (a) Section 3. The purpose of section 3 of the Housing and Urban Deve{apment Act of 1988 (12 U.S.C. 1701u} (section 3) fs to ensure that employment and other economic opportunities generated by certain HUD finanaal assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local caws and regulations, tie directed to loves and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low-income persons. (b) Part 135 The purpose of this part is to establish the standards and procedures to be followed to ensure that the objectives of sectiorr3 are met. § 135.2 Effective date of regulation. The regulations of this part wilt remain in effect until the date the final rule adopting the regulations of this part with or without changes is published and becomes effective, at which point the final rule will remain in effect. [60 FR 28326, May 31, 1995] § 135.3 Applicability. {a} Section 3 covered assistance. Section 3 applies to the follovving.HUD assistance {section 3 covered assistance): (1) Public and Indian housing assistance. Section 3 applies to training, employment, contracting and other economic opportunities arising from the expenditure of the following public and Indian housing assistance: {i) Development assistance provided pursuant to section 5 of the U.S: Housing Act of 1937 (1937 Act); (fi) Operating assistance provided pursuant to section 9 of the 1937 Act; and (iii) Modernization assistance provided pursuant to section 14 of the 1837 Act; (2) Housing and community development assistance. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance (including section 8 assistance, and including other housing assistance not administered by the Assistant Secretary of Housing) and community development assistance that is used for the following projects; (i) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); (ii) Housing construction; and {iii) Other public construction. (3) Thresholds--{i) No thresholds for section 3 covered public and Inafian housing assistance. The requirements of this part apply to section 3 covered assistance provided to recipients, notwithstanding the amount of the assistance provided to the recipient. The requirements of this part apply to all contractors and subcontractors performing work in connection with projects and activities funded by public and Indian housing assistance covered by section 3, regardless of fire amount of the contractor subcontract. {ii) Thresholds for section 3 covered housing and community development assistance-{A) Recipient thresholds. The requirements of this part apply to recipients of other housing and community development program assistance for a section 3 covered projects) far which the amount of the assistance exceeds $200,800. (B) Contractor and subcontractor thresholds. The requirements of this part .apply to contractors and subcontractors performing work on section 3 covered projects) for which the amount of the assistance exceeds $200,000; and the contract or subcontract exceeds $100,000. (C) Threshold met for recipients, but not contractors or subcontractors. If a recipient receives section 3 covered housing or community development assistance in excess of $200.000, but no contract exceeds $100,000, the section 3 preference requirements only apply to the recipient. {b) Applicability of section 3 to entire project or activity funded with section 3 assistance. The requirements of this part apply to the entire project or activity that is funded with section 3 covered assistance, regardless of whether the section 3 activity is fully or partially funded with section 3 covered assistance. (c) Applkability to Indian housing authorities and Indian tribes. Indian housing authorities and tribes that receive HUD assistance described in paragraph (a) of this section shall comply with the procedures and requirements of this part to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). (See 24 CFR part 905.) (d) Other HUD assistance and other Federal assistance. Recipients, contractors. and subcontractors that receive HUD assistance, not listed in paragraph (a) of this section, or other Federal assistance, are encouraged to provide, . to the greatest extent feasible, training, employment, and contracting opportunities genera#ed by the expenditure of this assistance to loves and very low-income persons, and business concerns owned by low and very low income persons, or which employ low- and very ~~~- income persons. § 135.5 Definitions. 'The terms Department, HUD, Indian housing authority (IHA), Public housing agency (PHA), and Secretary are defined in 24 CFR part 5. Annual Contributions Contract (ACC) means the contract under the U.S. Housing Act of 1937 (1937 Act) between HUD and the PHA, or between HUD and the IHA, that contains the terms and conditions under which HUD assists the PHA or the IHA in providing decent, safe, and sanitary housing for low income families. The ACC must be in a form prescribed by HUD under which HUD agrees to provide assistance in the development, modernization and/or operation of a low income housing project under the 1937 Act, and the PHA or IHA agrees to develop, modernize and operate the project in compliance with all provisions of the ACC and the 1937 Act, and all HUD regulations and implementing requirements oral procedures. (The ACC is not a form of procurement contract.) Applicant means any entity which makes an application for section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency, Indian housing authority, Indian tribe, or other .public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dh+idend sponsor, builder, properly manager, community housing development organization (CHDO), resident management corporation, resident council, or cooperat'~ve association. Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity. Business concern means a business entity formed in accordance with State law, and which is Licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Business concern that provides economic opportunities for low- and very. low-income persons See definition of "section 3 business concern" in this section. Contract. See the definition of "section 3 covered contract° in this section. Contractor means any entity which contracts to perform work generated by the expenditure of section 3 covered assistance, or for work in connection with a section 3 covered project. Employment oppartunfties generated by section 3 covered assistance means all employment opportunities generated by the expenditure of section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in §135.3(ax1)). With respect to section 3 covered housing and community development assistance, this term means ail employment opportunities arising in connection with section 3 covered projects (as described in §135.3(a)(2)), including management and administrative jobs connected with the section 3 covered project. Management and administrative gobs include architectural, engineering or related professional services required to prepare plans, drawings, specffications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation spedatist, payroll dark, etc. Housing authority (HA) means, collectiv~y, public housing agency and Indian housing authority. Housing and community development assistance means any financial assistance provided or o#herwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement, or contract, and includes community development funds in the form of community development block grants, and loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty. Housing development means low-Income housing owned, developed, or operated by public housing agendas or Indian housing authorities in accordance with HUD's public and Indian housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild programs mean programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. Indian tribes shad have the meaning given this term in 24 CFR part 571. JTPA means the .lob Training Partnership Act (29 U.S.C. 1579(a)). Low-income person. See the definition of "section 3 resident" in this section. Metropolitan area means a metropolitan statistical area (MSA), as established by the Office of Management and Budget. Neighborhood area means: (1) For HUD housing programs, a geographical location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in ordinances, or other focal documents as a neighborhood, village, or similar geographical designation. (2) For HUD community development programs, see the definition, if provided, in the regulations for the applicable community development program, or the definition for this term in 24 CFR 570.204(cx 1). New hires mean full-time employees for permanent, temporary or seasonal employment opportunities. Nonmetropolitan county means any county outside of a metropolitan area. Other HUD programs means HUD programs, other than HUD public and Indian housing programs, that provide housing and community development assistance far "section 3 covered projects," as defined in this section. Public housing resident has the meaning given this term in 24 CFR part 963. Recipient means any entity which receives section 3 covered assistance, directly Pram HUD or from another recipient and incudes, but is not limited to, any State, unit of local government, PHA, IHA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, ar cooperative association. Redpient also includes any successor, assignee or transferee of any -such entity, but does not include any ultimate beneficiary under the HUD program to which section 3 applies and does not include contractors. Secflon 3 means section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u}. Section 3 business concern means a business concern, as defined in this section- { 1) That is 51 percent or more owned by section 3 residents; or (2) Whose permanent, full-time employees include persons, at least 30 percen# of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1 } or {2) in this definition of "section 3 business concern:' Section 3 clause means the contract provisions set #orth in §135.38. Section 3 covered activity means any activity which is funded by section 3 covered assistance public and Indian housing assistance. Section 3 covered assistance means: (1) Public and lndian housing development assistance provided pursuant to section 5 of the 1937 Act; (2) Public and Indian housing operating assistance provided pursuant to section 9 of the 1937 Act; {3) Public and Indian housing modernization assistance provided pursuant to section 14 of the 1937 Act; (4) Assistance provided under any HUD housing or community development program that is expended for work arising in connection with: (i) Housing rehabilitation {induding reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacemen#); (ii) Housing construction; or (iii} Other public construction project (which indudes other buildings or improvements, regardless of ownership). Section 3 covered contract means a contract or subcontract (induding a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work arising in connection with a section 3 covered project. "Section 3 covered contradts" do not indude contradts awarded under HUD's procurement pr~ram, which are governed by the Federal Acquisition Regulation System (see 48 CFR, Chapter 1). "Section ~ 3 covered contracts" also do not indude contracts for the purchase of supplies and materials. However, whenever a contract for materials indudes the installation of the materials, the contract constitutes a section 3 covered contract. For example, a contract for the purchase and installation of a.furnace would be a section 3 covered contract because the contract is for work (f.e., the installation of the furnace} and thus is covered by section 3. Section 3 covered project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which indudes buildings or improvements (regardless of ownership) assisted with housing or community development assistance. Section 3 joint venture. See §135.40. Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: {i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(bx2) of the 1937 Act defines this term to mean families (induding single persons) whose incomes do not exceed 80 per csntum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per' centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or lovwincome families; or (ii) A very low-income person, as this term is defined in section 3{b}(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a{b)(2)) defines this term to mean families {including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher ar Power than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Section 8 assistance means assistance provided under section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G. Service area means the geographical area in which the persons benefitting from the section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which tha section 3 covered assistance is expended. In HUD's indfan housing programs, the service area, for IHAs established by an Indian tribe as a result of the exercise of the tribe's sovereign power, is limited to the area of iriba[ jurisdiction. Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of section 3 covered assistance, or arising in connection with a section 3 covered project. Very low-income person. See the definition of "section 3 resident" in this section. Yauthbuild programs. See the definition of "HUD Yauthbuild programs" in this section. [59 FR 33880, June 30, 9994, as amended at 69 FR 5206, Feb. 9, 1896] § 135.7 Delegation of authority. Except as may be otherwise provided in this part, the functions and responsibilities of the Secretary under section 3, and described in this part, are delegated to the Assistant Secretary for Fair Housing and Equal Opportunity. The Assistant Secretary is further authorized to redelegate functions and responsibilities to other employees of HUD; provided however, that the authority to issue rules and regulations under this part, which authority is delegated to the Assistant Secretary, may not be redelegated by the Assistant Secretary. § 135.9 Requirements applicable #o HUD NOFAs for section 3 covered programs. (a) Cert~cafion of compliance with part 135. All notices of funding availability (NOFAs) issued by HUD that announce the availabfliry of fundir~ covered by section 3 shall include a provision in the NOFA that notifies applicants that section 3 and the regulations in part 135 are applicable to funding awards made under the NOFA. Addltionafly the NOFA shall require as an application submission requirement (which may be specified in the NOFA or application kit) a certification by the applicant that the applicant will comply with the regulations in part 135. (For PHAs, this requirement will be met where a PHA Resolution in Support of the Application is submitted.) With respect to application evacuation, HUD will accept an applicant's certification unless there is evidence substantially challenging the certification. (b) Statement of purpose in NOFAs. {1) For competitively awarded assistance in' which the grants are far activities administered by an HA, and those activities are anticipated to generate significant training, employment or contracting opportunities, the NOFA must include a statement that one of the purposes of the assistance is to give to the greatest extent feasible, and consistent with existing Federai, State and local laws and regulations, job training, employment, contracting and other economic opportunities to section 3 residents and section 3 business concerns. (2) For competitively awarded assistance involving housing rehabilitation, construction or other public construction, where the amount awarded to the applicant may exceed $200,000, the NOFA must include a statement that one of the purposes of the assistance is to glue, to the greatest extent feasibie, and consistent with existing Federal, State and local laws and regulations. job training, employment, contracting and other economic opportuni#ies to section 3 residents and section 3 business concerns. (c) Section 3 as NOFA evaluation criteria. Where not otherwise preluded by statute, in the evaluation of applications for the award of assistance. consideration shall be given to the extant to which an applicant has demonstrated that it will train and employ section 3 residents and contract with section 3 business concerns for economic opportunities generated in connection with the assisted project or activity. The evaluation criteria to be utilized, and the rating paints to be assigned, will be specified in the NOFA. § 135.11 Other laws governing training, employment, and contracting. Other laws and requirements that are applicable or may be applicable to the economic opportunities generated from the expenditure of section 3 covered assistance indude, but are not necessarily limited to those !fated In this section. (a) Procurement standards fcr States and focal governments (24 CFR 85.36),-(1) General. Nothing in this part 135 pn3scrlbes spec~tic methods of procurement. However, neither section 3 nar the requirements of this part 135 supersede the general requirement of 24 CFR 85.36{c) that all procurement #ransadions be _conduded in a competitive manner. Consistent with 24 CFR 85.36(cx2), section 3 is a Federal statute that expressly encourages, to the maximum extent f~slbce, a geographic preference in the evacuation of bids or proposals. (2) FlexAble Subskiy Program. Multifamily project mortgagors in the Flexible Subsidy Program are not required to utilize the methods of procurement in 24 CFR 85.36(d), and are not permitted to utilize methods of procurwnent that would result to their award of a contract to a business concern that submits a bid higher than the lowest n3sponsive bid. A multifamily project mortgagor, however, must ensure that, to the greatest extent feasible, the procurement practices !t selects provide preference to section 3 business concerns. (b) Procurement standards for other recipients (OM6 Circular No. A-910). Nothing in this part prescribes specfic methods of procurement for grants and other agreements with institutions of higher education, hospitals, and other nonprofit organizat~ns. Consistent with the requirements set forth in OMB Circular No. A-110, section 3 Is a Federal statute that expressly encourages a geographic preference in the evaluation of bids or proposals. (c) Federai latwr standards provisions. Certain construction contracts are subject to compliance with the requirrenent to pay prevailing wages determined under Davis-Bacon Act (40 U.S.C. 276a-276a 7} and implernenting U.S. Department of Eabor negulations in 29 CFR part 5. Additionaity, certain HUD-assleted n3hab)titation and maintenance activities on public and Indian housing developments are subjec# to oomptiance with the requirement to pay prevailing wage rates, as detennlned or adopted by HUD, to laborers and mechanics employed in this work. Apprentices and trainees may be utilized on this work only to the extent permitted under either Department of Labor reputations at 29 CFR part 5 or for work subject to HUD-determined prevailing wage rates, HUD potides and guidelines. These requirements indude adherence to the wage rates and ratios of apprentices or trainees to journeymen set out in "approved apprenticeship and trainir~ programs," as described in paragraph (d) of this section. (d) Approved apprentfcesh~ and trainee programs. Certain apprenticeship and trainee programs have been approved by various Federal agencies. Approved apprenticeship and trainee programs indude: an appn~ticeship program approved by the Bureau of Apprenticeship and Training of the Department of Labor, or a State Apprenticeship Agency, or an on-the~ob training program approved by the Bureau of ~prenticeship and Training, in accordance with the regulations at 29 CFR part 5; or a training program approved by HUD in accodance with HUD policies and guidelines, as applicable. Participation in an approved apprenticeship program dces not, in and of itself, demonstrate compliance with the regulations of this part. (e} Comp/lance with Executive Order 11246 Certain contractors covered by this par# are subject to compliance with Executive Order 11246, as amended by Executive Order 12Q86, and the Department of Labor regulations issued pursuant thereto (41 CFR chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Fedora! or Federally assisted construction contracts. Browse Previous ~ Browse Next Subpart B Economic Opportunities for Section 3 Residents and Section 3 Business Concerns § 135.30 Numerical goals for meeting the greatest extent feasible requirement. (a} General. (1) Recipients and covered contractors may demonstrate compliance with the "greatest extent feasible" requirement of section 3 by meeting the numerical goats set forth in this section for providing training, employment, and contracting opportunities to section 3 residents and section 3 business concerns. (2) The goats established in this section apply to the entire amount of section 3 covered assistance awarded to a recipient in any Federal Fiscal Year (FY), commencing with' the first FY following the effective date of this rule. {3) For recipients that do not engage in training, or hiring, but award contracts to contractors that will engage in training, hiring, and subcontracting, recipients must ensure that, to the greatest extent feasible, contractors will provide training, employment, and contracting opportunities to section 3 residents and section 3 business concerns. (4) The numerical goats established in this section represent minimum numerical targets. (b) Training and employment. The numerical goals set forth in paragraph (b) of this section apply to new hires. The numerical goals reflect the aggregate hires. Efforts to employ section 3 residents, to the greatest extent feasible, should be made at all job levels. (1) Numerical goals for section 3 covered public and Indian housing programs. Recipients of section 3 covered public and Indian housing assistance (as described in §135.5) and their contractors and subcontractors may demonstrate compliance with this part by committing to employ section 3 residents as: {i) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995; (li) 20 percent of the aggregate number of new hires for the one period beginning in FY 1996; (iii} 30 percent of the aggregate number of new hires for one year period beginning in FY 1997 and continuing thereafter. (2} Numerical goals for other HUD programs covered by section 3. {i) Recipients of section 3 covered housing assistance provided under other HUD programs, and their contractors and subcontractors {unless the contract or subcontract awards do not meet the threshold specified in §135.3(a}{3)) may demonstrate compliance with this part by committing to employ section 3 residents as 10 percent of the aggregate number of new hires for each year over the duration of the section 3 project; {ii) Where a managing general partner or management agent is affiliated, in a given metropolitan area, with recipients of section 3 covered housing assistance, for an .aggregate of 500 or more units in ariy fiscal year, the managing partner or management agent may demonstrate compliance with this part by committing to employ section 3 residents as: {A)10 percent of the aggregate number ol` new hires for the one year period beginning in FY 1995; (6} 20 percent of the aggregate number of new hires for the one year period beginning In FY 1996; (C) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997, and continuing thereafter. (3) Recipients of section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in §135.3(ax3)) may demonstrate compliance with the requirements of this part by committing to employ section 3 residents as: {i) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995; {ii) 20 percent of the aggregate number of new hires for the one year period beginning in FY 1996; and .. _. ... (iii) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997 and continuing thereafter. {c) Contracts. Numerical goals se# forth in paragraph {c) of this section apply to contracts awarded in connection with all section 3 covered projects and section 3 covered activities. Each redpient and contractor and subcontractor {unless the contract or subcontract awards do not meet the threshold specified In §135.3(a)(3)) may demonstrate compl[ance with the requirements of this part by committing to award to section 3 business concerns: (1) At least 10 percent of the total dollar amount of all section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or far building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and (2) At least three (3) percent of the total dollar amount of all other section 3 covered contracts. {d) Safe harbor and compliance determinatlons. (1) In the absence of evidence to the contrary, a recipient that meets the minimum numerical goals set forth in this section will be considered to have complied with the section 3 preference requirements. (2) In evaluating compliance under subpart D of this part, a recipient #hat has not met the numerics! goals set forth in this section has the burden of demonstrating why it was not feasible to meet the numerical goals set forth in this section. Such justification may include Impediments encountered despite actions taken. A recipient or contractor also can indicate other economic opportunities, such as those Fisted in §135.40, which were provided in its efforts to comply with section 3 and the requirements of this part. § 135.32 Responsibilities of the recipient. Each recipient has the responsibility to comply with section 3 in its own operations, and ensure compliance in the operations of its contractors and subcontractors. This responsibii[[y includes but may not be necessarily limited to: {a) Implementing procedures designed to notify section 3 residents about training and employment opportunities generated by section 3 covered assistance and section 3 business concerns about contracting opportunities generated by section 3 covered assistance; (b) Notifying potential contractors for section 3 covered projects of the requirements of this. part, and incorporating. the section 3 clause set forth in §135.38 in all solicitations and contracts. {c) Facilitating the training and employment of section 3 residents and the award of contrar.~~ to ~c~rtlan 3 business concerns by !.~~~~'^~taking ~ctfvi+?;;;, ~~~ch as aaacrlptsc7 in the Appendix to this part, as appropriate, to reach the ~,als set forth in §135.30. Recipients, at their own discretion, may establish reasonable numerical goals for tF:~ training and employment of section 3 residents and contract award to section 3 business concems that exceed those specified in §135.30; (d) Assisting and actively cooperating with the Assistant Secretary in obtaining the compliance of contractors and subcontractors with the requirements of this part, and refraining from entering Into any contract with any contractor where the recipient has notice or knowledge that the oonb~actor has been found in violation of the. regulations in 24 CFR part 135. (e) Documenting actions taken to comply with the requirements of this part, the results of actions taken and impediments, if any. (f) A State or county which distributes funds for section 3 covered assistance to units of local governments, to the greatest extent feasible, must attempt to reach the numerical goats set forth in 135.30 regardless of the number of local govemments receiving funds from the section 3 covered assistance which meet the thresholds for applicability set forth at 135.3. The State or county must inform units of focal government to whom funds are distributed of the requirements of this part; assist local governments and their contractors in meeting the requirements and objectives of this part; and monitor the performance of local governments with respect to the objectives and requirements of this part. § 135.34 Preference -for section 3 residents in training and employment opportunities. {a) Order of providing preference. Recipients, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training artd employment opportunities generated from the expenditure of section 3 covered assistance to section 3 residents in the order of priority provided in paragraph {a) of this section. (1) Public and Jndian housing programs. In public and Indian housing programs, efforts shall be directed to provide training and employment opportunities to section 3 residents in the following order•of priority: (i) Residents of the housing development or developments for which the section 3 covered assistance is expended (category 1 residents); (ii) Residents of other housing developments managed by the HA that is expending the section 3 covered housing assistance {category 2 residents); {iii) Participants in HUD Youthbuild programs being carr':ed out in the metropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is expended {category 3 residents); (iv) Other section 3 residents. (2) Housing and community development programs. In housing and community development programs, priority consideration shall be given, where feasible, to: {i) Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents); and (ii) Participants in HUD Youthbuild programs (category 2 residents). (iii) Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood In which the section 3 covered project is located shall be given the highest priority; (iv) Other secfson 3 residents. (3) Recipients of housing assistance programs administered by the Assistant Secretary for Housing may, at their own discretion, provide preference to residents of the housing development receiving the section 3 covered assistance within the service area or neighborhood where the section 3 covered projec# is located. - (Q) Recipients of community development programs may, at their own discret[on, provide priority to recipients of government assistance for housing, including recipients of certfficates or vouchers under the Section 8 housing assistance program, within the service area or neighborhood where the section 3 covered project is located. (b) Eligibility for preference. A section 3 resident seeking the preference to training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a section 3 resident, as defined in §135.5. (An example of evidence of eligibfliiy for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.) (c) Eligibility for employment. Nothing in this part shall be construed to require the employment of a section 3 resident who does not meet the qualifications of the position to be filled. § 135.36 Preference for section 3 business concerns in contracting opportunities. (a) Order of providing preference. Recipients,. contractors and subcontractors shall direct their efforts to award section 3 covered contracts, to the greatest extent feasibte, to section 3 business concern's in the order of priority provided in paragraph (a) of this section. {1 } Public and Indian housfng programs. In public and Indian housing programs, efforts shall be directed to award contracts to section 3 business concerns in the following order of priority: (1) Business concerns that are 51 percent or more owned by residents of the housing development or deve{opments for which the section 3 covered assistance is expended, or whose foil-time, permanent workforce includes 30 percent of these persons as employees (category 1 businesses); (ii) Business concerns that are 51 percent or more owned by residents of other housing developments or developments managed by the HA that is expending the section 3 covered assistance, or whose full-time, permanent workforce includes 30 percent of these persons as employees (category 2 businesses); or (iii) HUD Youthbuild programs being carried out in the metropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is expended (category 3 businesses). (iv) Business concerns that are 51 percent or more owned by section 3 residents, or whose permanent, full-time workforce includes no less than 30 percent section 3 residents (category 4 businesses), or that subcontract in excess of 25 percent of the #otal amount of subcontracts to business concerns identified in paragraphs (a)(1xi) and (a)(lxii) of this section. {2) Housing and community developmenf programs. In housing and community development programs, priority consideration shall be given, where feasible, to; {i) Sec#ion 3 business concerns that provide economic opportunities for section 3 residents in the service area or neighborhood in which the section 3 covered project is located (category 1 businesses); and (ii) Applicants {as this term is defined in 42 U.S.C. 12899) selected to carry out HUD Youthbuild programs (category 2 businesses); {iii) Other section 3 business concerns. (b) Eligibility for preference. A business concern seeking to qualify for a section 3 contracting preference shall certify or submit evidenoe, if requested, that the business concern is a section 3 business concern as defined in §135.5. {c) Ability to comp/efe contract. A section 3 business concern seeking a contract or a subcontract shall submit evidence to the recipient, contractor, or subcontractor {as applicable), if requested, suffic(ent to demonstrate to the satisfaction of the party awarding the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the prflposed contract. {The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36 (see 24 CFR 85.36(b)(8)).) This regulation requires consideration of, among other factors, the potential. contractor's record in complying with public policy requirements. Section 3 compliance is a matter properly considered as part of this determination. § 135.38 Section 3 clause. Ail 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 fs to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, whtch 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, ff any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number. and job tides 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 shat! begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance wi#h 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 regula#ions in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this con#ract 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 Setf-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 anti employment shall be given to Indians, and (li) 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 derogafion of compliance with section 7{b). § 135.40 Providing other economic opportunities. (a) Genera! In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low income persons, a recipient is encouraged fo undertake efforts to provide to lovesincome pennons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b} Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority-resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is respansibie for a dearly defined portion of the work to be performed and hdds management responsibilities in the Joint venture; and (ii} Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Bibwse Previous ~ Browse Next Subpart C [Reseltved] Browse Previous ~ Browse Next Subpart D--Complaint and Compliance Review § 135.0 General. (a) Purpose. The purpose of this subpart is to establish the procedures for handling complaints alleging noncompliance with the regulations of this part, and the procedures governing the Assistant Secretary's review of a recipient's ar contractor's compliance with the regulations in this part. (b) Definitions. For purposes of this subpart: (4) Comptainf means an allegation of noncompliance with regulations of this part. made in the form described in §935.76(d). (2) Complainant means the party which files a complaint with the Assistant Secretary alleging that a recipient or contractor has failed or refused to comply with the regutations.in this part. (3) Noncompliance with section 3 means failure by a recipient . or contractor to comply vtith the requirements of this part. (4) Respondent means the recipient or contractor against which a complaint of noncompliance has been filed. The term "recipient" shall have the meaning set forth in §435.7, which includes PHA and IHA. § 135.72 Cooperation in achieving compliance. (a) The Assistant Secretary recognizes that the success of ensuring that section 3 residents and section 3 business concerns have the opportunity to apply for jobs and to bid for contracts generated by covered HUD financial assistance depends upon the oooperation and assistance of HUD recipients and their contractors and subcontractors. Ali recipients shall cooperate fully and promptly with the Assistant Secretary in section 3 compliance reviews, in investigations of allegations of noncompliance made under §'135.76, and with the distribution and collection of data and information that the Assistant Secretary may require in connection with achieving the economic objectives of section 3. (b) The recipient shall refrain from entering into a contract with any contractor after notification to the recipient by HUD that the contractor has been found In violation of the regulations in this part. The provisions of 24 CFR part 24 apply to the employment, engagement of services, awarding of contracts or funding of any contractors or subcontractors during any period of debarment, suspension or otherwise ineligible status. § 135.74 Section 3 cornpiiance review procedures. (a) Compliance reviews by Assistanf Secretary. The Assistant Secretary shall periodically conduct section 3 compliance reviews of selected recipients and contractors to determine whether these recipients are in compliance with the regulations in this part. (b) Form of complfance reWew. A section 3 compliance review shall consist of a comprehensive analysis and evaluation of the recipient's or contractor's compliance with the requirements and obligations imposed by the regulations of this part, inducting an analysis of the extent to which section 3 residents have been hired and section 3 business concerns have been awarded contracts as a result of the me#hods undertaken by the recipient to achteve the employment, contracting and other economic objectives of section 3. (c} Where complfance review reveals noncompliance with section 3 by recipient or contractor. Where the section 3 compliance review reveals that a recipient or contractor has not complied with section 3, the Assistant Secretary shall notify the recipient or contractor of its. specific defiGencies in compliance with the regulations of this part, and shall advise the. recipient or contractor of the means by which these deficiencies .may be corrected. HUD shall conduct a follow up review with the recipient or contractor to ensure that action is being taken to correct the deficiencies. (d) Continuing noncompliance by recipient or contractor. A continuing failure or refusal by the redpient or contractor to comply with the regulations in this part may result In the application of sanctions specified in the contract through which HUD assistance is provided, or the application of sanctions specified in the regulations governing the HUD program under which HUD financial assistance is provided. HUD will notify the recipient of any continuing failure or refusal by the contractor to comply with the regulations in this part for possible action under any procurement contract between the recipient and the contractor. Debarment, suspension and limited denial of participation pursuant to HUD's regulations in 24 CFR part 24, where appropriate, may be applied to the recipient or the contractor. (e) Conducting complfance review before the award of assistance. Section 3 compliance reviews may be conducted before the award of contracts, and especially where the Assistant Secretary has reasonable grounds to believe that the recipient or contractor will be uneble or unwilling to comply with the regulations in this part. {f} Consideration of compla/nts during compliance review. Complaints alleging noncompliance with section 3, as provided in §135.76, may also be considered during any compliance review conducted to determine the redpient's conformance with regulations in this part. § 135.76 Filing and processing compia[nts. (a) Who may file a complaint. The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging nonoompfiance with section 3: {9) Any section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities generated from the expenditure of section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more section 3 residents; (2) Any section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of section 3 covered assistance from a recipient or contractor, or by an individual representative of section 3 business concerns. {b) Where to file a complaint. A complaint must be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC, 20410. (c) Time of fling. (1) A complaint must be received not later than 180 days from the date of the action or omission upon which the complaint is based, unless the time for filing is extended by the Assistant Secretary for good cause shown. (2) Where a complaint alleges noncompliance with section 3 and the regulations of this part that is continuing, as manifested in a number of incidents of noncompliance, the complaint viii be timely if fled within 180 days of the last alleged occurrence of noncompliance. (3) Where a complaint contains incomplete information, the Assistant Secretary shall request the needed information from the complainant. in the event this information is not furnished to the Assistant Secretary within sixty (80} days of the date of the request, the complaint may be dosed. (d) Contents of complaint--(1) Written complaints. Each complaint must be in writing, signed by the complainant, and indude: (i) The complainant's name and address; (ii) The name and address of the respondent; (iii} A description of the acts ar omissions by the respondent that is sufficient to inform the Assistant Secretary of the nature and date of the alleged noncompliance. (iv) A complainant may provide information to be contained in a complaint by telephone to HUD or any HUD Field Office, and HUD wi!! reduce the information provided by telephone to writing on the prescribed complaint form and send the form to the complainant for signature. (2) Amendment of complaint. Complaints may be reasonably and ~fairiy amended at any time. Such amendments may indude, but are not limited to, amendments to cure, technical defects or omissions, including failure to sign or affirm a compiaint, to clarify or amplify the allegations in a complaint; or to join additional ar substitute respondents. Exaapt for the purposes of notifying respondents, amended complaints will be considered as having been made as of the originai filing date. (e) Resolution of complaint by recipient. {1) Within ten (10) days of timely #iiing of a complaint that contains complete information (in accordance with paragraphs {c) and (d) of this section), the Assistant Secretary shall determine whether the complainant alleges an action or omission by a recipient or the recipient's contractor that if proven qualifies as noncompliance with section 3. if a determination is made that there is an allegation of noncompliance with section 3, the complaint shall be sent to the recipient for resolution. (2) If the recipient believes that the compiaint leaks merit, the recipient must notify the Assistant Secretary in writing of this recommendation with supporting reasons, within 34 days of the date of receipt of the complaint. The determination that a complaint sacks merit is reserved to the Assistant Secretary. (3) If the recipient determines that there is merit to the complaint, the recipient wilt have sixty (80) days from the date of receipt of the compiaint to resolve the matter with the complainant. At the expiration of the 60-day period, the recipient must notify the Assistant Secretary in writing whether a resolution of the complaint has been reached. if resolution has been reached, the notification must be signed by both the recipient and the complainant, and must summarize the terms of the resolution reached between the two parties. (4) Any request for an extension of the 60-day period by the recipient must be submitted in writing to the Assistant Secretary, and must include a statement explaining the need for the extension. (5) if the recipient is unable to resolve the complaint within the 60-day period (or more if extended by the Assistant Secretary), the compiaint sha11 be referred to the Assistant Secretary for handling. (f) informa! resolution of complaint by Assistant Secretary-~1) Dismissal of complaint. Upon receipt of the recipient's written recommendation that there is no merit to the complaint, or upon failure of the recipient and complainant to reach resolution, the Assistant Secretary -shall review the complaint to determine whether it presents a valid allegation of noncompiiance with section 3. The Assistant Secretary may conduct further investigation ff deemed necessary. Where the complaint fails to present a valid allegation of noncompliance with section 3, the Assistant Secretary will dismiss the compiaint without further action. The Assistant Secretary shall notffy the complainant of the dismissal of the compiaint and the reasons for the dismissal. (2) informal resolution. Where the allegations in a compiaint on their face, or as amplified by the statements of the complainant, present a valid allegation of noncompliance with section 3, the Assistant Secretary will attempt, through informal methods, to obtain a voluntary and just resolution of tf~e complaint. Where attempts to resolve the complaint informally fail, the Assistant Secretary wilt impose a resolution on the recipient and complainant. Any resolution imposed by the Assistant Secretary will be in accordance with requirements and procedures concerning the imposition of sanctions or resolutions as set forth in the regulations governing the HUD program under which the section 3 covered assistance was provided. " (3) Effective date of Jnforma! resolution. The imposed resolution will became effective and binding at the expiration of 15 days following notification to recipient and complainant by certified mail of the imposed resolution, unless either party appeals the nesolution before the expiration of the 15 days. Any appeal shat! be in writing to the Secretary and shall include the basis for the appeal. (g} Sanctions. Sanctions that may be imposed on recipients that fail to comply with the regulations of this part include debarment, suspension and limited denial of participation in HUD programs. (h} Investigation of complaint. The Assistant Secretary reserves the right to investigate a compiaint directly when, in the Assistant Secretary's discretion, the investigation would further the purposes of section 3. and this part. (i) Intimldatory ar retaliatory acts prohibited. No recipient or other person shall intimidate, #hreaten, coerce, or discriminate against any person or business because the person or business has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing or judicial proceeding arising thereunder. Q) Judlcia! relief. Nothing in this subpart D precludes a section 3 resident or section 3 business concerning from exercising the right, which may othennrise be available, to seek redress directly through judicial procedures. (Approved by the Office of Management and Budget under control number 2529-0043) Browse Previous j Browse Next Subpart E----Reporting and Recordkeeping § 135.90 Reporting. Each recipient which receives directly from HUD financial assistance that is subject to the requirements of this part shat) submit to the Assistant Secretary an annual report in such form and with such information as the Assistant Secretary may request, for the purpose of determining the effectiveness of section 3. Where the program providing the section 3 covered assistance requires submission of an annual performance report, the section 3 report will be submitted with that annual performance report. if the program providing the section 3 covered assistance does not require an annual performance report, the section 3 report is to be submitted by January 10 of each year or within 10 days of project completion, whichever is earlier. All reports submitted to HUD in accordance with the requirements of this part will be made available to the public. (Approved by the C+ffice of Management and Budget under con#roi number 2529-0043) § 135.92 Recordkeeping and access to records. HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program under which section 3 covered assistance is provided or otherwise made avaHable to the recipient or contractor. Appendix to Part 135 !. Examples of Efiforfs To Offer Training and Emp/oymenf Opportuniffes to Section 3 Residents (1 }Entering into "first source" hiring agreements with organizations representing Section 3 residents. (2) Sponsoring aHUD-certified "Step-Up" employment and training program for section 3 residents. (3) Establishing training .programs, which are consistent with the requirements of the Department of Labor, for public and Indian housing residents and other section 3 residents in the building trades. (4) Advertising the training and employment positions by distributing flyers (which identify the positions to be flifed, the qualifications required, and where fiD obtain additional information about the application process) to every occupied dwelling unit in the housing development or developmenrts where category 1 or category 2 persons (as these terms are defined in §135.34) reside. (5) Advertising the training and employment positions by posting flyers {which identify the positiorys to be filled, the qualifications required, and where to obtain additional information about the application prooess) in the common areas or other prominent areas of the housing development or developments. For HAs, post such advertising in the housing development or developments where category i or category 2 persons reside; for all other recipients, post such advertising in the housing development or developments and transitional housing in the neighborhood or service area of the section 3 covered project. (ti) Contacting resident councils, resident management corporations, or other resident organizations, where they exist, in the housing development or developments where category 1 or category 2 persons reside, and community organizations in HUO-assisted neighborhoods, to request the assistance of these organizations in notifying residents of the training and employment positions to be filled. {T) Sponsoring (scheduling, advertising; financing or providing in-kind services) a job informational meeting to be conducted by an HA or contractor representative or representatives at a location in the housing development or developments where category 1 or category 2 persons reside or in the neighborhood or service area of the section 3 covered project. (8) Arranging assistance in conducting job interviews and completing job applications far residents of the housing development or developments where category 1 or category 2~ persons reside and in the neighborhood or service area in which a section 3 project is located. {9} Arranging for a location in the housing development or developments where category 1 persons reside, or the neighborhood or service area of the project, where job applications may be delivered to and collected by a recipient or contractor representative or representatives. (10) Conducting job interviews at the housing development or developments where category 1 or category 2 persons reside, or at a location within the neighborhood or service area of the section 3 covered project. (11 } Contacting agencies administering HUD Youthbuiid programs, and requesting their assistance in recruitng HUD Youthbuiid program participants for the HA's or contractor's training and employment positions. (12) Consulting with State and local agencies administering training programs funded through JTPA or JOB5, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 residents for the HA's or contractor's training and employment positions. (13) Advertising the jobs to be filled through the local media, such as community television networks, newspapers of general circulation, and radio advertising. (14) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferebly one of the section 3 business concerns identified in part 135), that will undertake, on behalf of the HA, other recipient or contractor, the efforts to match eligible and qualified section 3 residents with the training and employment positions that the HA or contractor intends to fill. (15) For an HA, employing section 3 residents directly on either a permanent or a temporary basis to perform work generated by section 3 assistance. {This type of employment is referred to as "force account labor" in HUD's Indian housing regulations. See 24 CFR 905.102, and §905.201(a)(6}.) (18) Where there are more qualified section 3 residents than there are positions to be fiiled, main#aining a file of eligible qualified section 3 res[dents far future employment positions. (1T} Undertaking job counseling, education and related programs in association with local educational institutions. (18) Undertaking such continued jab training efforts as may be necessary to ensure the continued employment of section 3 residenrts previously hired for employment opportunities. (19} After selection of bidders but prior to execution of contracts, incorporating into the contract a negotiated provision for a specific number of public housing or other section 3 residents to be trained or employed on the section 3 covered assistance. (20) Coordinating plans and implementation of economic development (e.g., job training and preparation, business development assistance for residents) with the planning for housing and community development. i1. Examples of Efforts to Award Contracts to Section 3 Business Concerns (1) Utilizing procurement procedures for section 3 business concerns similar to those provided in 24 CFR part 905 for business concerns owned by Native Americans (see section III of this Appendix). (2} In determining the responsibility of potential contractors, consider their record. of section 3 compliance as evidenced by past ac#ions and their current plans for the pending contract. (3) Contacting business assistance agencies, minority contractors associations and community organizations to inform them of contracting opportunities and requesting their assistance in identifying section 3 businesses which may solicit bids or proposals for contracts for work in connection with section 3 covered assistance. (4) Advertising contracting opportunities by posting notices, which provide general informs#ion about the work to be contracted and where to obtain additional information, in the common areas or other prominent areas of the housing development or developments owned and managed by the IiA. (5) For HAs, contacting resident councils, resident management corporations, or other resident organizations, where they exist, and requesting their assistance in identifying category 1 and category 2 business concerns. (6) Providing written notice to all known section 3 business concerns of the contracting opportunities. This notice should be In sufficient time to allow the section 3 business concerns to respond to the bid invitations or request for proposals. (7) Following up wi#h section 3 business concerns that have expressed irrterest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities. (8) Coordinating pre-bid meefings at which section 3 business concerns could be informed of upcoming contracting and subcontracting opportunities. (9) Carrying out workshops on contracting procedures and specific contract opportunities in a timely manner so that section 3 business concerns can take advantage of upcoming contracting opportunities, with such information being made available in languages other than English where appropriate. (10} Advising section 3 business concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance. (11) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways to fac~itate the participation of section 3 business concerns. (12) Where appropriate, breaking out contract work items into economically feasible units to facilitate participation by section 3 business concerns. (13) Contacting agencies administering HUD Youthbuild programs, and notifying these agencies of the contracting opportuni#ies. {14) Advertising the contracting opportunities through trade association papers and newsletters, and through the local media, such as community television networks, newspapers of general circulation, and radio advertising. (15) Developing a list of eligible section 3 business concerns. (16) For HAs, participating in the "Contracting with Resident-Owned Businesses" program provided under 24 CFR part 963. (17} Establishing or sponsoring programs designed to assist residents of public or Indian housing in the creation and development of resident-owned businesses. {18) Establishing numerical goals (number of awards and dollar amount of contracts) for award of contracts to section 3 business concerns. (19) Supporting businesses which provide economic opportunities to tow income persons by linking them to the support services available through the Small Business Administration (SBA), the Department of Commerce and corparable agendas at the State and local levels. (20} Encouraging financial institutions, in carrying out their responsibilities under the Communiiy Reinvestment Act, to provide no or low interest loans for providing working capital and other financial business needs. (21) Actively supporting joint ventures with section 3 business concers. (22} Actively supporting the development or maintenance of business incubators which assist Section 3 business concerns. Ill. Examples of Procurement Procedures That Provide for Preference for Section 3 Business Concerns This Section III provides specific procedures that may be followed by recipients and contractors {collectively, referred to as the "contracting party") for implementing the section 3 contracting preference. #or each of the competitive procurement methods authorized in 2a CFR 85.3ti(d). (1) Small Purchase Procedures. For section 3 covered contracts aggregating no more than $25,000, the methods set forth in this paragraph (1) or the more formal procedures sst forth in paragraphs (2) and (3) of this Section III may be utilized. (i) Sollcltafian. (A) Quotations may be solidted by telephone, letter or other informal procedure provided that the manner of solidtation provides for participation by a reasonable number of competitive sources. At the time of solicitation, the parties must be informed of: Browse Previous For questions or comments regarding e+CFR editorial content, features, or destgn, email ecf~nara.oov. for questions concerning a-CFR programming and delivery Issues, email w~team~r2oao.aov. Laet updated: July 27, 2005 SECTION 3 NOTICE EMPLOYMENT OPPORTUNIT, IES 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 and Urban Development Act of 19b8, as amended. TO THE MAXIMUM EXTENT FEASIBLE, OPPORTUNITIES FOR T'F;AINING AND JOBS ARISING IN CONNECTIONS WITH HUD-ASSISTED PROJECT, WILL BE GIVEN TO LOWER INCOME RESIDENTS OF THE PROJCT AREA. TO THE MAXIMUM EXTENT FEASIBLE, WE WILL UTILIZE SMALL BUSINESS CONCERNS LOCATED IN, OR SUBSTANTIALLY OV~JNED BY, RESIDENTS OF THE PROJECT AREA, IN THE .AWARD OF CONTRACTS AND PURCHASE ~OF SERVCES AND SUPPLIES .Any Lower income resident seeking training qr employment or any other business concern located in or substantially owned by persons residing in the project area (Marion County) seeking contract opportunities who alleges noncompliance, may fide a grievance: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 3 Summary Report Economic Opportunities for . _ow-and Very Low-Income Persons See back of page for Public Reporting Burden statement . RacipieM Name & Address: (street, city, state, Zip) til.S. Department of Housing ~ Approval No. 2b2g-0043 and Urban Development (exp. sr3w2ooa) Office of Fair Housing and Equal Opportunity HUO Fietd Office: 2. FederalldentHlcetlon: (contract/awerd no.) ~ 3. Dollar Amount of Award: 4. Conlac~ Person: 6. Reporting Period: 5. Phone: (Include area code) 7. Date Report Submftted: ~t. Program Code: (Uss a separate sheet 9. Program Name: for each program code) serf I: Employment and Training ("" Include New Wtres in columns E & F.) - A Job Category t3 Number of New Hires C Number of New Hires that are Sec. 3 Residents D 9'0 of Aggregrete Number of Stett Hours of New Hires that are Sea 3 Residents E" °h of Total Statf Hours for 5ectfon 3 iW mployees and Trainees F" ----- Number of Section 3 Employees and Trainees Professionals Technicians Office/C(erical Construction by Trade (List) Trade Trade Trade Trade Trade Other IList) rdtal "Program Codas 3 = Public/Indfan Housing 4 =Homeless Assistance 1 = Flexible Subsidy A =Development, 5 =HOME 2 ;Section 202/811 B =Operation S =HOME-State Admi»istered C = Modemlzation 7 = CDBt3-Entitlement Pat7e1 of 2 8 = CDBQ-State Administered 9 =Other CD Programs 10=Other Housing Programs form HUQ-80002 {G/2001) ref 24 CFR 13b Part II: Contracts Awarded ~ t . Consiruction Contracts: A. Total dollar amount of all contracts awarded on the project I ~ B. Total dollar amount of contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses p, Total number of Section 3 businesses receiving contracts 2. Non-Consiruction Contracts: A. Total dollar amount of all non-construction contracts awarded on the project/activity 8. iota! dollar amount of non-construction contracts awarded to Section 9 businesses , $ o~ C. Percentage of the total dollar amount that was awarded to Section 3 businesses ~ ~° D, Total number of Section 3 businesses receiving non-construction contracts f`~rt llil: Summary , indicate the efforts made to direct the employment and other economic opportunities generated by HUD finanaal assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income parsons, particularly those who are recipients of government assistance for housing. (Check all that apply.) _„_ Attempted to recruit tow-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training ar employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youihbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. ~biic reporting burden for this collection of Information is estimated to average 2 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering 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 displays a currently valid OMB control number. action 3 of the Housing and Urban Development Act of 1868, es amended, 12 U.S.C. 1701 u., mandates that the Department ensure that employment ~d other economic opportunities generated by ks housing and community development assistance programs are directed toward low- and very Iow- nrcome persons, particularly those who are recipients of govemment assistance for housing. The reguiatlons are found at 24 CFH Part 135. The informatlon will be ussd.by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts +~ meet the statutory obiectives of Section 3, to prepare reports to Congress, and by recipients ss a self-monkoring tool. The data is entered into a data use and will be analyzed and distributed. The collection of Information involves recipients receiving Federal financial assistance for housing and immunity development programs covered by Section 3. The informatlon will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6} of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensRive questions. Data is cumulative; -8rsonal Identifying information is not Included. form HUD-SOOQ2 (812001} Page 2 of 2 ref 24 CFR 135 Form,HUD-G0002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-income Persons. structions: This form is to be used to report annual accomplishments garding employment and other economic opportunities provided to low- and very iow-income persons under Section 3 of the Housing and Urban Development Act of 1966. The-Section 3 regulations apply to any public ~d Indian Noueing programsthat receive: (1) development assistance ~rsuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Sectton 9 of the U.S. Housing Act of 1937; or (3} modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 ~d to reNpfents of housing and community development ess-stsnce excess of sg00,000 expended for: (1 }housing rehabilitation (Including ,eduction and abatement of lead-based paint hazards); (2) housing con- struction; or (3) other public construction projects; and to contracts and ~bcontracts In excess of ai00,00D awarded #n connection with the action-3-covered activity. Form HUD-80002 has three parts which ere to be completed for all programs covered by 5aotion 3. Part I relates to employment and tra/ning, ~e recipient has the option to determine numerical employment/training >als either on the basis of the number of hours worked by new hires ccouumns B, D, E and F} or the number of new hires utilized on the Section 3 covered project {columns B, C and F). Pert II of the form relates to ~ntrectfng, and Part III summarizes recipients' efforts to comply with action 3. Recipients or contractors subject to Section 3 requirements must main- tain appropriate documentation to establish that HUD financial assistance r housing and community development programs were directed toward w- and very low-income persons.' A recipient of Section 3 covered asslatance shall submit two copies of this report to the local HUD Field Office. Where the program providing assistance requires an annual perfor- ance report, this Section 3 report is to be submitted at the same lime the 'ogram performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January t 0 and, H the project ends before Recember 31, within 10 days of project ~mptetion. Only Prima f3ecfplents ere required to report to HUD. The :part must Include accomplishmepts of all recfp/eats and their Sec- ..on 3 covered contractors end subconlrecMrs. HUD Field Office: Enter the Field Office name forwarding the Section 3 report. Recipient: Enter the name and address of the recipient submitting this report. Federal lderttification: Enterlhenumberthatappearsontheawardform (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the doNar amount, rounded to the nearest dollar, received by the recipient. & 5. Contact PersoNPhone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementa- tion of Section 3. Reporting Period: Indicate the tams period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. ubmlt two (2) copies of this report to the to the HUD Ffetd Offk:e of Fair ~.ousing and Equal Opportunity, Program Operations and Compliance Center Director, at the same time the performance report is submitted to the rogram office. For those programs where such a report is not required, the action 3 report is submitted by January 10. Include only contracts ..xacuted during the reporting period specified in Item 8. PHAs/HAs are to report all contracts/subcontracts. The terms "low-income parsons" and "very low-income persona" have the ame meanings given the terms in section 3(b){2) of the United States :,cueing Act of 1937. tow-income parsons mean families (including single persons) whose incomes do not exceed 80 per centum of the median icome for the area, as determined by the Secretary, with adjustments for Pr 8. Program Code: Enter the appropriate program code as fisted at the bottom of the page. 9. Program Name:Enter the name of the NUD Program corresponding with the "Program Code" In number B. Part I: Employment and Training Opporlunitles Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (6e., supervisors, archttecte, surveyors, planners, and computer programmers). For con- struction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: Enter the number of new hires far each category of workers Identified fn Column A in connection with this award. New Hire refers to a person who is not on the oontraotor's or recipient's payroN for employment at the time of selection for the Sectton 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: Enter the number of Ssation 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column 11: Enter the percentage of all the staff hours of new htres (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (Including new hires) connected with this award. Include staff hours for pert-time and full-time positions. ColumnF: Enterthe number of Section 3 residents that were employed and trained In connection with this award. Part It: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/ program. item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with thts projecUprogram awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/ program. item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part Ili; Summary of Efforts - Sali-explanatory smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings such that variations are necessary be- cause of prevailing levels of construction costs or unusually high- or low- income families. Very lanwlncome parsons mean low-income famiEfes {including single persons) whose incomes do not exceed 50 par centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or Tower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. form HUO-130002 {6/2001) ige i ref 24 CFR 136 Environmental Requirements All Construction Contracts Over $IOO,ddd.dd Section 306 of the Clean Air Act, Section 508 of the Clean .Water Act,- and EPA Regulations of. Non- Exempt Federal Contracts The Contractor shalt comply with ail applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h) ); Section 508. of the Clean Water Act (33 USC 13fi8}, Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR, Part 15), which prohibit the use under Non-Exempt l=ederal contracts, grants or loans of facilities included on the EPA List of Violating l=aciiities. Violations will be reported to HUD and to the USEPA Assistant Administrator for Enforcement (EN-329 Summary of the Clean Arr Act 42 U.S.C. §7401 et seq. (1970) The Clean Air Act (CAA) is the .comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this taw authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants. One of the goals of the Act was to set and achieve NAAQS in every state by 1975 in order to address the public health and welfare risks posed by certain widespread air pollutants. The setting of these pollutant standards was coupled with directing the states to develop state implementation plans (SIPs), applicable to appropriate industrial sources in the state, in order to achieve these standards. The Act was amended in 1977 and 1990 primarily to set new goals (dates) for achieving attainment of NAAQS since many areas of the country had fa[led to meet the deadlines. Section 112 of the Clean Air Act addresses emissians of hazardous air pollutants. Prior to 1990, CAA established arisk-based program under which only a few standards were developed. The 1990 Clean Air Act Amendments revised Section 112 to first require issuance of technology- based standards for major sources and certain area sources. "Major sources" are defined as a stationary source or group of stationary sources that emit or have the potential to emit 10 tons per year or more of a hazardous air pollutant or 25 tons. per year or more of a combination of hazardous air pollutants. An "area source" is any stationary source that is not a major source. For major sources, Section 112 requires that EPA establish emission standards that require the maximum degree of reduction in emissions of hazardous air pollutants. These emission standards are commonly referred to as "maximum achievable control technology" or "MACT" standards. Eight years after the technology-based MACT standards are issued for a source category, EPA is required to review those standards to determine whether any residual risk exists for that source category and, if necessary, revise the standards to address such risk. See also :PDF of CAA. from U.S. Senate {465 pp, 1.iMB, About PDF) EPA's CAA Home Paae. EPA's Plain English Guide to the Clean Air Act. Office of Regulatory Policv and Management ~ Office of Policy. Economics. and Innovation ~ Laws, Regulations, Guidance, and Dockets Home EPA Home Privacy and Security Notice i Summary of the Clean Water Act 33 U.S.C. §1251 et seq. {1972) The Clean Water Act (CWA} establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surFace waters. The basis of the CWA was enacted in 1948 and was called the 1=ederal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1977. Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. We have also set water quality standards far atl contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharae Elimination.~ystem (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or rnan-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. See also: PDF of CWA, from U.S. Senate (234 pp, 5711<, About PDF) CWA History The EPA Watershed Academy's Introduction to the Clean Water Act. Back to the "Laws that EPA Administers" pane. Office of Regulatory Policy and Management ~ Office of Policy. Economics, and Innovation ~ Laws Regulations, GuidanceR and Dockets Home EPA Home Prlvac~and Security Notice Comply with Energy Po#icy and Conservation Act Mandatory Standards and Policies relating to energy efficiency which are contained in the State Energy Conservation Plan. issued in compliance with the Energy Policy Conservation Act. (12 Energy Policy and Conservation: Mandatory standards and policies reta ng to energy efficiency which are contained in the state energy conserva#ion plan issued in compliance with the Energy Policy and Conservation Acf (Pt~b. !.. 94-163 89 Stet. 871). Comply with Lead Based Poisoning Prevention Act. Lead Based Paint is prohibit in this Project LEAD=BASED PAINT POIS4NING~ PREVENTION ACT TITLE 42 -THE PUBLIC #fEALTH AND 1NELFARE CHAPTER 63 -LEAD-BASED PAINT POISONING PREVENTION SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT Prohibition by Secretary oPNealth and Human Services in application to cooking, drinking, or eatlRg u!<enslls ~ ' §4839. Use of lead-based•patnt •~ {a) The Secretary of Health and Human~Secvices~shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the dpplication of lead-based paint to any cooking utensil, drinking utensil, or.eating utensil manufactured and distributed after . January 13, 1979. • (b) Prohibition by Secretary of Housing and Urban Development of use in residential structures constructed or rehabilitated by Federal Government or with Federal assistance The Secretary of Housing and Urban Development shall take steps and Impose such conditions as may be necessary or appropriate to .prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Govemmer}t, or wifh Federal assistance in any form after January 13, 9971. . (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 such• conditions as may be necessary or appropriate to prohibit the application of lead-based~paint to any toy or furniture article. aw e FDA Home P,~,oe ~ Sgar~h FDA Site ~ FDA A-Z Index (Contagt FDA ~ Privacx ~ Accessibility ~A Webstf~ Management ~ff Site Requirements CDBG PROJECT SIGN PROJECT NAME Red Project Address Background White t_etters CITY OF CORPUS CHRISTI COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) White Background U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Buck t esters (HUD) CDBG Funds: $ Total Project Cost: $ Contractor: Architect: Address: Address: e11e Phone Number: Phone Number Background White Letters Locate sign where it is most visible to the public. Sign is made from a 4 feet x 8 feet sheet of 3/" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. FIELD REC,~UIREMENTS: POSTERS Ali posting documents must be pieced in a visible location at the job site on a notice board: Davis-Bacon Poster: WH Publication 1321; Must be placed in a visible location at the job site on a notice board. Should be displayed at the job site on a notice board .with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wasxe Rates: Displays the Federal Wage Rates that apply to _ each individual type of project. Federal wage rates must be displayed for employee view. Must be placed in a visible location at the job site on a notice board. HUD Form 4010 Federal Labor Standards Provisions: Description of requirements of Davis-Bacon, Copeland, and Contract Work Hours and Sa#ety Standards Acts. Must be placed in a visible location at the job site on a notice board. Section 3 Notice: To inform workers of Economic Opportunities for Low And Very-Low Income Persons. Must be placed in a visible location at the job site on a notice board. Executive Order 112461': Sets forth the anti-discrimination policy of this project. Parts II 8~ III are applicable along with Executive Order 113?5 concerning employment discrimination on the basis of race, color, sex, religion and nations! origin. Mus#. be placed in a visible location at the job site on a notice board. Affirmative Action Plan: Must be submitted by the prime contractor and all sub- contractors who have sub-contracts of $10,000.00 or more on the project. These must be displayed on the project bulletin board for employee view Workers Compensation information CDBG PROJECT SIGN Protect Sinn: Contractor is responsible to install in a visible location as selected by the Owner, a CDBG Project Sign prior to commencement of construction. Dimensions and design is included in the construction project manual. The freld location will be determined prior to work start. Texas Workers' Compensation Commission Rules To be Posted Rule 110.110. Reuortin~ Requirements for Building or Construction Protects for Governmental Entitles. "REQUIRED WORKERS' COMPENSATION COVERAGE" '' ~ lie 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 e- -uiprnent or materials, or providing labor or transportation or other service related to the project, regardless of tl..: identity of their employer or status as an employee." " all the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal r<..luirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."; (U~ contractually require each person with whom it contracts to provide services on a project, to: (. )provide coverage based on proper reporting of classification codes and payroll amounts and filing of any c., verage agreements for all of its employees providing services on the project, for the duration of the project; (: } provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (L} provide the contractor, prior to the end of the coverage period, ~ a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the d_ ration ofthe project; (F) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and ( 1 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 p~oject; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; {~ )notify the governmental entity in writing by certified wail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any F°rson providing services on the project; and (I= contractually require each other person with whom it contracts, to perform as required by paragraphs (A} - (I r„ 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: (1) provide coverage for its employees providing services on a project, for the duration of the project based on pr per reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to bE ;inning 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 w 1 provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with tl commission`s Division ofSelf-Insurance Regulation. Providing false or misleading information may subject -the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (~ provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (S ~ obtain from each person providing services on a project under contract to it, and provide as required by its cnntract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (: y 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 eertifcate df coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; ( i 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 10 d -ys after the person knew or should have known of the change; and (8) contractually require each other person with whom it cantracts to: ( .) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration ofthe project; { ) provide a certificate of coverage to it prior to that other person beginning work on the project; (") include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; ~) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the .,average period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; t,~) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: ~x) a certificate of coverage, prior to the other person beginning work on the project; and i) prior to the end of the coverage period, x new certificate of coverage showing extension of the coverage Period, if the coverage period shown on the current certificate of coverage ends during the durarion of the contract; fir) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; s) notify the governmental entity in writing by certified mail or personal delivery, within 14 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Sri} contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (I-~, with the certificate of coverage to be provided to the person for whom they are providing services. tI? If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions Qr applicat~ns of this rule that can be given effect without the invalid provision application, and to this end the provisions of this rote are declared to be severable. /Q} This rule is applicable for building ~or t~nstruction contracts advertised for bid by a governmental entity on 4 ;after September 1, 1994. This rule is also applicable fior those building or construction contracts entered into on or after September 1, 1994 which are not required by law to be advertised for bid. ~ )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 ^cidental insurance coverage pursuant to Texas Civil Statutes ,Article 6675c, §4{j}. (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who r-eet the requirements of the Act, §406.497(c) and who are explicitly excluded from coverage in accordance ith the Act, §406.097(x) (xs added by House Bill 1489, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an °surance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or ier January 1, 1996. ffective Date: September 1, 1994 Amended Effective Date: November 6, 1995 Project Reporting Semi-Annual Labor Standards Enforcement U.S. Department of Housing and HUD FORM 4710 Report/- ocai Contracting l~enciss {HUD Urban Development OMgppprov~{~umber2501-0019 Progr~ims) ~ Office of Labor Relations tom. a9raonolo} .~ency Name: Agency Type: State: LR2000 Agency i~.~., ~,Dhc,. Pt~n.-rowrnr+n3 (HUD Use Only) Period Covered: Check Ons and Enter Year(s) ^ Period 1: October 1, to March 31, ^ Period 2: April 1, to September 30, _ Agency Contact Person: PART I -CONTRACTING ACTIVITY" Pertains ONLY to protects awarded during the repvrting period. 1. Number of prime contracts subject to the Davis-Bacon and Related Acts (DBRA) and/or the Contract Worit Hours and Safety Standards Act (CWHSSA) awatded this eriod i~4ote: £.~c r+ot inGiude contraats included in prs?viotts ~:errti-altnt`tal reports 2. Total dollar amount of prime contracts reported in item 1 above ~ 3. List for each contract awarded this period: Project Contract Wage Decision Wage Decision Lock-In Date Name/Number Amount Number -rAINpLE: "FL040001/Mod 3, °07102/04 btd open date" ~ Lock . ay'a Club Renovation # CD54008.06" "i0,000,000.00" 6126!04, Building" se s a pages necessary WHAT IS THE LOCK IN DATE? For contracts entered into pursuant to competitive bidding procedures, the bid Qgenina date "locks-in" the wage decision provided that the contract is awarded within 90 days. If the contract is awarded more than 90 days after bid opening, the contract award date locks-in' the wage decision. For contracts, purchase orders or other agreements for whtch there is no bid opening or award data, use the const{ygtion start date as the lock-In date. However, for protects receiving assistance under Section 8 of the U.S. Housing Act of 1937 or contracts involving a protect wage determination, the lock-in rules may vary from above. See Department of Labor Regulations, 29 CFR, Part 9, Section 9.6 and/or HUD Handbook 9344.1, or consult the HUD Labor Relations staff. WHAT IT ISN'T: Don use the wage decision publication date, unless that happens to correspond to one of the trigger events described above. If you are not sure about any of this, please feel free to contact the Labor Relations staff in your state or region. Previous versus obsdete Page 1 or 2 form HUDd710 (11120041 i ~ ~ 8~ x ~ ~~ ~ ~ A N ~ .r •E ~' $ ~~ ~ ~ ~ ~ ~ ~~g ~. O ~ { U S O S A E ~ ~ ~ ~ fl~ ~ ~ ~~ .~~ ~ rn~ ag~ ~_$$C ~~`~ ~~ ~; ~ ~_ ~ ~~ ~ ~~' ~~ ~ ~~ ~ 9~ ~~ $ ~ ~~ ~ .~ ~. ~_~ g ~~ ~,~ ~ g~ ~' ~ ~ ~~ ~ ~ ~, ~ g .e ~ ~ ~ '~ ~~ ~ p~~ ~ ~ °~ $~° ~ ~~~ ~~ ~:~ E~ ~ ~ _ ~' m ~ ~ ~~ a $ v m~o 3~` ~~ ~~~ ~~ ~ Z~ ~~~ ~ ~ ~' 5 ~ a ~ ~ 8 ~ ~z~ ~.~ - g a o„ ~~~ ~~ C ~ w. ~ ~ ~~ m ~ S R ~~ ~~.$ °' mg._ ~~ ~~ o ~ ~S ~~ m ~ a ~~~ ~a x `~ g jyY~~ g $ _ ~ ~ n L f+ ~~~ $ (2 ~ b N 0 emb ~~~ Y) a & d ~ ~ ~ _ I g ~ ffi p pl~1 ~LJ C . Q?y Z p~~j P V l p ~" ~ g U G ~ , z °'g a~ ELz°~ f ~$ i~, ~ i. ~ ~ ~ ~ . ~^ ~ ~EB~~ ~ ~ <~ s g ~~ o .~ n ', c ZIl~ m~3~ ` 5 e 0 .p n~~ € Z ~ o w .~ ~ ~~ ~ ~ $ "~ ~~~ k U II N ~O T~ '_ C s ~' ~ ~~~~ `~ II II U II YI ~NM O ~~ ~~ ~ ~~~~ ~~~ M U II II U A .-NMQN @a ~~ ~~~ ~ ah.wa~o U 11 II U 11 ~~~~o v e ° ~ ~ ~~ ~~$~~~ y pp t II II R II P T'-NW V N ar •~ ~ ~~ ~ Z W O Y .In ~~~ ro ~ ~~ A d a L° p^ V S G ~~ ~ ~ ~ ~ N ~~~ ~~ ~~~ ~L A ~~~~E~~~~~ ~ ~°~ ~~~~~~ S ~ ~~ ~ ~~r~$ ~ ~ ~# ~~ ~~ ~ .r~ m• a m 'S w ~ ~~ ~~~~~ E ~.R,@~~ ~s e w ~ eE qe~ # ~ n a~i av~gm a f ~ ~~ »~ ~ ~~'~~ ~,~~ ~~~~ w ~a ~~ eCC~ ~ ~ ~ ~~ ~a ~~ 1p0~ $~p, HH ~m~~d~W ~ E~.~ ~s~-~~~~~~ ° ~~~ q7 ~~~~ ~~'~ ~W~ . ~ ~ o~Q~p R~ ~9 m~~p~ ~n b O LL m Q bn c~> O >~ ~JN &~~s 88 a~, ~~m S ~~ ~' ~~ ~~ ~~d ~ ~ ~ ~ ~~ -~ ~ g ~# 9~~~~~s ~~ ~~ ~~ W 4 ~~$~:~& w ~E~~~s ti$ ~ ~ E d~yi~~~~ ~ ~{~~~g~~ p ~ 0 ~ .. ~ q ~ ss F 4~ a... ~e '83 p p O 5 ~ " a ~ v u ~ p ~ p~ ~ g ~ ~ ~ ~ ~ ~ o ~g ~ ~ ~ E ~ ~ ~ E ~ .~ 8~ ~~W ~ € ~ ~ N ~ ~ ~ ~ ~ s~ g o'~ dg's ~ ~ ~@ g ~ ~ ~ ~ i' ~~ ~ ~ ~ c 5~ m ~ ~ w'~ ga e w w r' w~`~~~ ~8~$~~$ a ~~~ 8 ~ LL o ~ ~ w °p' ~ U a V ~ ~ ~ a / °~ ~' a ~ U ' O CS ~ ~ ~ E 8 IS ~ ~ fb ~ ~ 3 ~ N d ~ y w LO d ~ a ~ 8 a ~ ro ° € ~ ~ ~ ~ a o~ q° $ 0 0. d U N E ~ p ?E~ ® ~ S E `o (p N ~ ~ d Z +tp " g = •i ~y p C § ~ SM ~ k~ n ~ m ~~ O Cw ~ GG O ~ ~ ~ ~ W C ~' ~' ~ 'oQ _ ~ ~ O ~ 4 ~ ~ ~ ~ ~ VVV $ ~ ~ V " ~qe L7 N y d ~ ~ ~ ~ ~ ~ ~ ~ $t~~~~~i a3~ ~ ~o. $ r VJ V N A F n A n~ ~^ n ~ ~ m ~ ~ p ~ 5 ~ ~ ~ ~ '~ ~ ~ E $£ ~ ti 33 G 3t c~ ~Z N ZS£ 07 ~ 8~5 B~~ '~jn ~~ ~ ~ ~~~ ~` s v ~ W a 5 ~ ~ w o ,~' ~ ~8~ @ ~ dig ~ r ~~. ~ ~ "o ~`o ~s Yu°.~ 2'~ ~Q a ~ ~rf E ~ Ga a~ ~$ E l5 v c3~ ~ ~ o ®® z S~+ction 3 Summer Re ort u.s. Department of Housing OMB Approval No. 2529-0043 Y p and Urban D;s4elopment (exp. 6/3012004) Economic t~pportunities for Office of Far Housing L ~w- and Very Low-income Persons and Equal Opportunity HUD Fleld nice: See back of page for Public Reporting Burden statement _ i - '~eciplent Name & Address; (street, Illy, state, zip) 2. Fedsralldentlitcatlon: (contract/award no.) 3. Qollar Amount of Award: 4. Contact Parson: 5. Phone: (inolude ared code) 6. Reporting Period: 7. Date Report Submitted: 8. Program Code: " (flee a separate sheet 9. Program Name: _ for each program code) • F rt 1: Employment and Training "" Include New Hires in columns E 8 F.) A B C D E** F"* Number of Number of New % of Aggregrats Number °6 of Total S-aft Hours Number of Section 3 Job Category New Hles Wires that are of Staff Hours of New Hires for Ssctbn 3 Employees Employees Sea. 3 Residents that are Sea 9 Residents' and Trainees and Trainees Professionals - ~chnicians OfflcelCigrical ~ instruction by Trade (List) rade Trade 'rade Trade f'rade :her .(Last) '~ ~'rogram Codes 3 = Publit:Jindian Housing 4 =Homeless Assistance 1 =Flexible Subsidy A =Development, 5 =HOME 2 =Section 2021811 B =Operation 6 =HOME-State Administered C = Modernization 7 =CDBG-Entitlement S =CDBG-State Administered 9 =Other CD Programs 10=Other Housing Programs Pagel of 2 form HUD-800AZ (si2uot) ref 24 CFR 135 a.. II: Contraat~ Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project B. Total dollar amount of contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses a~ D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Toisl dollar amount of ail non-construction contracts awarded on the projecUactivity B. Total dollar amount of non-construction contracts awarded to Section 3 businesses I $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part fill: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) __ Attempted to recruit low-income residents through: local advertising media. signs prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the metropolitan area (or nonmetropolkan county) in which the Section 3 covered program or project Is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program ar other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. ~blic reporting burden for this collection of Information is estimated to average 2 hours per response, including the time for reviewing instructions, ~arching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of inoormation. This agency may not collect this information, and you are not required to complete this Form, unless it displays a currently valid OM8 control number. erection 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u., mandates that the Department ensure that employment Zd other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very #ow- come parsons, particularly those who are reciptenis of government assistance for housing. The regulations are found at 24 CFR Part 135. The triformation w#It be used by the Department to monRor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as a self-monitoring tool. The data la entered into a data tease and will be analyzed and dlstdbuted. The coflection of information Involves recipients receiving Federal Nnancial assistance for housing and immunity development programs covered by Section 3. The {nformation will be collected annually to assist HUD In meeting its reporting requirements nder Section 808(e)(6) of the Falr Housing Act and Section 918 of the HCDA of 1992. An assurance of confldentlality Es not applicable to this form. ?'he Privacy Act of 1974 and OMB Circular A-106 are not applicable. The reporting requirements do not contain sensftive questions. Data is oumulative; personal identifying Information is not included. form HUD-80002 (6/2001) Page 2 of 2 ref 24 CFR 135 arm HUD-60002, Sectlon 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. tnstructions: This form Is to be used to report annual accomplishments ~~garding employment and other economic opportunhies provided to low- 1d very low-income persons under Section 3 of the Housing and Urban 1evelopment Act of 1866. The Section 3 regulations apply to any public and Indian Hausing programs that receive: {1) development assistance `ureuani to Sectlon 5 of the U.S. Housing Act of 1937; (2) operating ssistance pursuant to Sectlon 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuantto Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assisfance °i excess ois200,000axpended for: (1) housing rehabilitation (including eduction and abatement of lead-based paint hazards); {2} housing con- struction; or (3} other public construction projects; and to contratcts and subcontracts !n excess o/ 1cf00,000 awarded in connection with the - -sction•3-covered activity. Form HUD-60002 has three parts which are to be completed for alt programs covered by Section 3. Part I relates to amp/oyrnantandtraln!-tg, The reclplent has the option to determine numerical employmentltralning gals either on trie basis of the number of hours worked by new hires alumna B, D, E and F} or the number of new hires utilized on the Sectlon 8 covered project (columns B, C and F). Pert II of the form relates to contracting, and Part III summarizes recipients' sflorta to comply with action 3. Recipients or contractors subject to Section 3 requirements must main- tain appropriate documentation to establish that HUD financial assistance for housing and community development .programs were directed toward w- and very low-Income persons.' A reclplent of Sectlon 3 covered tsistance shall submit two copies of this report to the local HUD Field Office. Where the program providing assistance requires an annual perfor- mence report, this Section 3 report is to be submitted at the same time the ogrem pertormance report is submitted. Where an annual performance port is not required, this Section 3 report is to be submtted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Pr/me Recipients are rsqu)red to roport to HtlD, The rport must fnclude eccompllshments of at/ recipients and their 8ec- ~n 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name forwarding the Section 3 report. Recipient: Enter the name and address of the recipient submkting this report. 2. Federal Identification: Enter the numberthat appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. a. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. & 5. Contact Person/Phone: Enter the name and Telephone number of the person with knowledge of the award and the recipient's tmplementa- tion of Section 3. ~ Reporting Period: Indicate the time period (months and year) this report covers. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name:Enter the name of the HUD Program corresponding with the "Program Code" in number e. Part I: Employment and Training Opportunities Column A: Contains various Job categories. Professionals are defined as people who have special knowledge of an occupation (i.e., supervisors, architects, surveyors, planners, and computer programmers}. For con- struction positions, list each trade and provide data in columns 8 through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: Enter the number of new hires for each category o} workers identified in Column A In connection with this award. New Hire refers to a person who Is not on the contractor's or recipient's payrotl for employment at the time of setectlon for the Sectlon 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: Enter the number of Section 3 new hires for each category of workers identified in Column A In connection with this award. Section 3 new hire refers to s Section 3 resident who (s not on the contractor's or recipient's payroll for employment at She time of ~lectlon for the Section 3 covered award or at the time of receipt of Sectlon 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Sectlon 3 employees and tralneas (Including new hires) connected with this sward. Include staff hours for part-time and full-time positions. Column F: Enter the number of Section 3 residents that were employed and trained in connection with this award. Part II: Contract Opportunities Stock 1: Gonstructlon Contracts Item A: Enter the total dollar amount of aN contacts awarded on the project/ program. item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. item C: Enter the- percentage of the total dailar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dailar amount of ell contacts awarded on the project/ program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dailar amount of contracts connected with this projeCUprogram awarded to Section 3 businesses. item D: Enter the number of Section 3 businesses receiving awards. Pert tit: Summary of Efforts - Seif-explanatory ~bmh two (2) copies of this report to the to the HUD Field Office of Fair smaller end larger families, except that the Secretary may establish income cueing and Equa{ Opportunity, Program Operations and Compliance callings higher or tower than 80 per centum of the median forthe area on the `center Director, at the same time the performance report is submitted to the basis of the Secretary's findings ouch that variations are necessary be- program office. For those programs where such a report is not required, the cause of prevailing leveis of construction costs or unusually high- or iow- :ctian 3 report is submitted by January 10. fnclude only contracts Income families. Very totwincome persona mean low-Income families cecutad during the reporting period specified in item 8. PHAslHAs are to (including single persons) whose incomes da nprexceed 50 per centum of report all contracts/subconirsets. the median family income for the area, as determined by the Secretary with " The terms "low-Income persons" and 'very low-Income persons" have the adjustments for smaller and larger families, except that the Secretary may ime meanings given the terms in section 3{b){2} of the United States establish income ceilings higher or lower than SO per centum of the median Busing Act of 1937. Low-Income personsmean families (including single for the area on the basis of the Secretary's findings that such variations are `parsons) whose incomes do not exceed 80 per centum of the median necessary because of unusually high or tow family incomes. income for the area, as determined by the Secretary, with adjustments for form HUD-80002 (8/2001) Page i ref 24 CFR 135 (r City of Corpus Chrlstl .-w :~llDi~ NllUNi Vt=). 1 June 12, 2x09 `I~O: ALL PR()Sl'EC LIVE BIDDERS SLB.IEC"T: I3RC):'~~iQt)R Si?N1l~R C'[;NTCR EMPRt)VEVIENTS PROJECT NO: 3361. Prospectit-e bidders are herzb~ notified of'thc [ollo~~~ina iitoditications to the contract clc}cttmeitts. "these rnoditications si]all becortte ~~ part of the COIttT~1Ct dOC11111ei1t5. ~ Ile' itrovistons ~t tine contract documents not specitieail~ aftect~d b}~ tf~e addendt~t~~ shaft rt>tn~in t-ncltar-sf~d. 1. NOTICE TO BIDDERS AND PART A -SPECIAL PRQVISIQNS A. BID DATE CHANGE Prospective Bidders are hereby advised that the scheduled Bid Opening date has been postponed one (1) week, from Wednesday June 17. 2009 at 20Q p.m.. t~11Ved~Ls~a. +~June 24 2Qt}S at 2.00 a.m. * T{ME AND PLACE OF BiQ QPEN{NG SHALL REMAIN UNGHANGEQ. To access this r~ddznduni online, gc~ to: t«a=~v.ccens~ rc~ ects.ccani Prc~spccti~~e bidders arc hcr-eb~• notified of the follot~~iin~ modifications to thr contract documents. 'I~hese mocliifications shall beeo ~ f the cantr•aet dacurncnts. All pro~~iisians of the contract documents ~ ;ected b`° the Addenda shall remain unchanged. ~ ~~ Q~~ ~ ~~9 '~ i ~,~.r-_ ~ Q Chuck Anastos, AlA Chuck Anastos Associates, irrc. AtlQ~tipt.~•t \~. ! S P E C I A L P R O V I S I O N S S P E C I F I CAT I O N S A N D F O R M S O F C O N T RAC T S A N D B O N D S F O R BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT ARCHITECT: CHUCK ANASTOS ASSOCIATES, LLC PO BOX 3883, 78463-3883 901 SOUTH STAPLES STREET, 78404 CORPUS CHRISTI, TEXAS TEL: 361.884.4422 FAX: 361.884.4419 EMAIL: caaincarch@aol.com FOR DEPARTMENT OF ENGINEERING SERVICE CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT No : 33 61 ~~A~D Aqc ~h v~S N. Aryq yIJ- ~~~Q ~NAt DRAWING NO : PBG- 7 4 3 ~C ~. ~`z~ - Oq ~~ (Revised 6/27/99) BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 CITY PROJECT NIIIdBER 3361 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/2000} NOTICE TO CONTRACTORS - A Insurance Requirements (Revised March 2009) NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies A-12 Maintenance of Services _ _ ___ __~ r,,.,,,,~~_t~__.,..___, NOT USED A-14 .Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required A-24 Surety Bonds A~~ ^-' == m~~-~____-x - NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders Page 1 of 5 A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents __ i n...,.. - ---~- NOT USED. ~ ~c c ~F- A-36 Other Submittals r ~n ,a e'a~rrscai:~~RFe~fa ~-.L_~.9.. c...$cc T~ ~ n~al} a~Z -°~~ a NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates NOT USED A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As Built Dimensions-and Drawings (7/5/00) ^ ~ **= +9~~~~e€~-i~Ee= "~o~ NOT USED ~^~. ~~~~®~~®~t" ~"--o-- ..~: "~:o "~T NOT USED A-48 Overhead Electrical Wires (7/5/00} A-49 Amend "Maintenance Guaranty" (8/24/00} A-50 Windstorm Certification' A-51 Amended Prosecution and Progress Submittal Transmittal Form _. - PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T'- TECHNICAL SPECIFICATIONS DIVISION 2 - SITEWORK Section 02050 - Selective Demolition Section 02230 - Partial Site Clearing Section 02315 - Excavation and Fill Section 02320 - Backfill Section 02362 - Termite Control Section 02466 - Drilled Piers with Underreams Section 02755 - Pavement Markings Section 02821 - Aluminum Fencing and Gates DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03130 - Permanent Insulating Concrete Forming System Section 03164 - Void Forms Section 03200 - Concrete Reinforcement Section 03300 - Cast-in-Place Concrete Section~03370 - Concrete Curing DIVISION 4 - MASONRY Section 04100 - Mortar and Masonry Grout Section 04820 - Reinforced Unit Masonry Assemblies Page 2 of 5 DIVISION 5 - METALS Section 05500 - Metal Fabrications Section 05801 - Expansion Joint Covers DIVISION 6 - WOOD AND PLASTICS Section 06112 - Framing and Decking Section ..06192 - Prefabricated Wood Trusses Section 06200 - Finish Carpentry Section 06400 - Architectural Woodwork DIVISION 7 - THERMAL AND MOISTIIRE PROTECTION Section 07140 - Liquid-Applied Vapor Retarder Air Barrier Section 07214 - Foamed-In-Place Insulation Section 07311 - Asphalt Shingles Section 07460 - Soffits Section 07531 - Single-Ply Roofing - Mechanically Attached Section 07531 - Appendix to Section 07531 - Manufacturer's Roofing Details Section 07600 - Flashing and Sheet Metal Section 07840 - Firestopping Section 07900 - Sealants and Caulking DIVISION 8 Section 08110 Section 08212 Section 08333 Section"08400 Section 08710 Section 08800 DOOR AND WINDOWS Standard Steel Doors and Frames Flush Wood Doors Overhead Coiling Doors Aluminum Entrances and Storefronts Door Hardware Glazing DIVISION 9 - FINISHES Section 09220 - Portland Cement Plastering(Stucco)and Interior Veneer Plaster Section 09260 - Gypsum Board Assemblies Section 09300 - Tile Section 09510 - Acoustical Ceilings Section 09520 - Acoustical Ceilings - Direct Mechanical Mounting Section 09650 - Resilient Flooring Section 09900 - Paints and Coatings Section 09960 - ICF Finish System Exterior - Textured Acrylic Finish System DIVISION 10 Section 10100 Section 10170 Section 10261 Section .10440 Section 10523 Section 10800 - SPECIALTIES Visual Display Boards Plastic Toilet Compartments Corner Guards Signs Fire Extinguisher Cabinets Toilet and Bath Accessories DIVISION 15 - Mechanical Section 15010 - Mechanical General Conditions Section 15020 - Starting Of Plumbing and HVAC Systems Section 15030 - Mechanical Demolition Section 15058 - Access Doors Section 15060 - Hangers and Supports - Section 15070 - Vibration Isolation Section 15075 - Mechanical Identification Page 3 of 5 Section 15080 Section 15140 Section 15150 Section 15180 Section 15190 Section 15410 Section 15575 Section 15671 Section 15720 Section 15760 Section 15810 Section 15820 Section 15830 Section 15850 Section 15860 Section 15975 Section 15990 Mechanical Insulation Domestic Water Piping Sanitary Waste and Vent Piping Refrigerant and Condensate Drain Piping Natural Gas Piping Plumbing Fixtures Flue Gas Venting Air Cooled Condensing Units Air Handling Units Fan and Coil Units Ducts Duct Accessories Fans Air Outlets and Inlets Air Cleaning Devices Automatic Temperature Control Systems Testing, Adjusting, And Balancing DIVISION 16 - ELECTRICAL Section .16010 - Special Provisions For Electrical Work Section 16100 - Access Doors Section 16110 - Raceways Section 16111 - Conduit And Fittings Section 16120 - Wire And Cable - 600 Volts And Under Section 16131 - Junction And Pull Boxes Section 16134 - Outlet Boxes Section 16140 - Wiring Devices Section 16144 - Surface Metal Raceway Section 16150 - Motors, Controllers And Electric Powered Equipment Section 16170 - Disconnect Switches Section 16190.- Supporting Devices Section 16411 - Underground Services Section 16440 - Metering Section 16450 - Grounding Section 16472 - Load Center Panels Section 16476 - Fuses Section 16501 - Lighting Fixtures Section 16603 - Empty Raceway Systems Section 16611 - Transient Voltage Surge Suppressors Section 16711 - Public Address System Section 16720 - Fire Alarm System Section 16910 - Temperature Controls Section 16996 - Electrical System Startup APPENDIX A - GEOTECHNICAL INVESTIGATION LIST OF DRAWINGS Sheet #1 TITLE SHEET Sheet #2 SITE PLAN Sheet #3 SITE GRADING PLAN & DETAILS Sheet #4 TOPOGRAPHIC SURVEY Sheet #5 ACCESSIBILITY DATA SHEET Sheet #6 DEMOLITION PLAN Sheet #7 FLOOR PLAN Sheet #8 ROOF PLAN & DETAILS Page 4 of 5 Sheet #9 REFLECTED CEILING PLAN, FLOOR FINISH/ FURNITURE PLAN Sheet #10 EXTERIOR ELEVATIONS Sheet #11 BUILDING SECTIONS, INTERIOR ELEVATIONS & ENLARGED PLANS Sheet #12 INTERIOR ELEVATIONS & DETAILS Sheet #13 WALL SECTIONS & PARTITION SCHEDULE Sheet #14 WALL SECTIONS Sheet #15 ROOM FINISH SCHEDULE, DOOR & WINDOW SCHEDULES & DETAILS Sheet #16 DETAILS Sheet #17 STRUCTURAL NOTES Sheet #18 FOUNDATION PLAN Sheet #19 FLOOR FRAMING PLAN Sheet #20 DETAILS Sheet #21 ROOF FRAMING PLAN Sheet #22 MEP SITE PLAN Sheet #23 HVAC DEMOLITION Sheet #24 HVAC FLOOR PLAN Sheet #25 HVAC SCHEDULES Sheet #26 HVAC SCHEDULES Sheet #27 HVAC DETAILS Sheet #28 HVAC DETAILS Sheet #29 ELECTRICAL NOTES & SYMBOLS Sheet #30 ELECTRICAL DEMOLITION PLAN Sheet #31 ELECTRICAL POWER & SIGNAL PLAN Sheet #32 ELECTRICAL LIGHTING PLAN Sheet #33 FIRE ALARM & SECURITY PLAN Sheet #34 ELECTRICAL SCHEDULES & DETAILS Sheet #35 ELECTRICAL DETAILS Sheet #36 PLUMBING DEMOLITION PLAN Sheet #37 PLUMBING RENOVATION PLAN Sheet #38 PLUMBING SCHEDULES Sheet #39 PLUMBING DETAILS Sheet #40 PLUMBING DETAILS Sheet #41 PLUMBING DETAILS AND RISERS Sheet. #42 LANDSCAPE PLAN Sheet #43 IRRIGATION PLAN NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 5 of 5 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for:. BROADMOOR SENIOR CSNTER 2MPROVBMSCITS - 2008, Project No. 3361: Consists of all Work for an addition and remodel of existing facility including demolition of existing interior walls and roofing. The addition shall include site clearing and stripping; termite control; insulated concrete forms; cast-in-place concrete; suspended structural concrete slab on void forms and drilled piers; metal fabrications; rough carpentry; finish carpentry and architectural wood casework; liquid applied vapor barrier; blanket insulation and foamed- in-place insulation; cement board soffit; EIFS; Portland cement plaster; gutters and downspouts; single ply roofing and composition shingle roofing; fire stopping; joint sealants; standard steel doors and frames; flush wood doors; aluminum store front; door hardware; glazing; gypsum board assemblies; ceramic tile; VCT flooring and rubber flooring; paint and coatings; mechanical systems; plumbing system and fixtures; electrical power. system and lighting fixtures; final site clean-up-and proper disposal of debris/waste; complete in accordance with the plans, specifications, and contract documents; will be received at the office of the City Secretary until 2:00 PM on wedaesday, Juae 17 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for wedaesday, Jtuie 10 2009, beginning at 02:00 PM, at the Engineering Services Main Conference Room, 3 Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid meeting will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will be available for questions and answers. 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 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 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 ao/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 non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the-City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCS MINIMUM INSIIRANCS COVSRAGS 30-Day Notice of Caacellatioa required oa Bodily Iajury aad Property Damage all certificates PSR OCCIIRRSNCS / AGGRSGATS Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors g. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY] $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term ® NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED -~ .. F rf ~'~ __ ^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 nay questions regarding insurance requirements, please contact the Contract-Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS -- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of I 1 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building orconstruction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) 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-81, form TWCC-82, form TWCC-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 personsproviding services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project (subcontractor m §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 includes but is not limited to independent contractors,~subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing 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 penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2} as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before 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 certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose. stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (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 the project; and (B) 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 all 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 Actor other commission rules. This notice must be printed with a title in at least 3Q point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the 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: (1) provide coverage for its employees providing services on a project, for the duration of the project-based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information 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, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person 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 project; Page 5 of 11 (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 knew 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 filing 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) obtain 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 (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 contract; (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 person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a 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. Page 6 of 11 (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, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §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, 1996. Source Note: 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 Page 7 of 11 T28S 110.110(d)(7) "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 or 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 512-490-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 Tagsl lo.l lo(~)(~) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certiftcate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in,¢406.096) -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 includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor`s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, f le a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) 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 the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certiftcate of coverage ends during the duration of the project. Page 9 of I 1 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 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. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,- prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new 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; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all 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 1 D 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 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certiftcate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page I O of I 1 Insz~rance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PAf`+~ A SPECIAL PROVISIONS A-4 Method of Award The bids will be evaluated based on the Following priority, subject to availability of funding. 1. Total Base Bid, or 2. Total Base Bid plus Additive Bid Alteraate #1 3. Total Sase Bid plus Additive Bid Alteraate #1 plus Additive Bid Alteraate #2 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, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid 8oad (Must reference Broadmoor Senior Center Imvrovemeats - 2008, Project No. 3361 as identified in the Proposal} (A Cashier's Check, certified check, money order or bank draft from nay State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement ?,-6 Time of Completion/Liquidated Damages The. working time for completion of the Project will be 270 calendar days. The Contractor 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. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are. not capable of precise proof.- The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers.' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the -Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the Section A - SP (Revised 12/15/04) Page 2 of 23 requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. •Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. 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 to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wade Rates (Revised 7/5/00) Labor preference and wage rates for BIIILDING CONSTRIICTION. NL1S17.mlAtt Prevailing Wage Scales ~ Corpus. Christi City Council has detexmi.ned the general prevailing m;ninnan hourly wage rates for Nueces County, Texas as set out in Part C. The Caritractor and arty subcontractor must not 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, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor acid each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, arxi mechanics employed by than in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll sukznittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls fran all subcontractors and others working on the Project. These documents will also be submitted to the City ErxJineer bi-weekly. (See section for Mia~ority/Mirx~rity Business Enterprise Participation Fblicy for additional requirements concerning the Prr~'-r• form and ccmtent of the payroll submittals.) C~ and one-half (1~5J times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week arui for all hours worked on Sundays or holidays. (See Section $-1-1, Definition of Terms, and Sectiari B-7-6, Working Hours.) A-11 CoaQeratien with Public A~cies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating - • within the limits of the Project. The Contractor' shall provide a forty-eight {48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any Section A - SP (Revised 12/15/04) Page 3 of 23 facility by using the DIG TESS 1-800-344-8377, the Irnie Star Notification Ccc~any at 1-800- 669-8344, and the Veri2,on Dig Alert at 1-800-483-6279. For the Cantractor's convenience, the following telephcme rn.m~bers are listed. City IIx~ineer' 826-3500 Project Architect 884-4422 {946-0069 mobile) Chuck Anastos Associates, Li.~ Traffic Engineering 826-3540 polite Department 882-1911 Water Department 826-1880 (826-3140 after hours} Wastewater D~artment 826-1818 (826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Stone Water Department 826-1881 (826-3140 after hours) Parks & Recx+eation Depart~r~ent 826-3461 Streets & Solid Waste Services 826-1970 Municipal Information Systems (M.I.S.) 826-3740 A E P 299-4833 .(693-9444 after hours) AT&T/S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic IACate 826-1946 826-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624} KMC (Fiber Optic) 813-1124 (Pager 888-204-1679} ChoiceCan (Fiber Optic) 881-5767 (Pager 850-2981) CAPF2fJCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maiateaance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, .utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location. and nature of underground utilities, etc. xowever, 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 of 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 that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer; at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Sectioa A - SP (Revised 12/15/04) Page 4 of 23 A-13 Area Access and Traffic Coatrol (Not IIsed) , r <~ Ee~r~aete=-~ ~_= seet~~e-~e--s:eees A 14 Conatructioa Equipment Spillage and Trackiag 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"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. SeotioII A - SP (Revised 12/15/04) Page 5 of 23 A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequeace of Coastructioa The Coritractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Coastructioa Project Layout aad Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. 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 Engineer 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. If, 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 Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. Section A - SP (Revised 12/15/04) Page 6 of 23 The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a .maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes;. • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow Line) (TXDOT and RR permits). c t l,rm..r~ tar - • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-20 Testing and Certification All tests 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 retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor .must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must furnish and install 1 Project signs. The description and example of the sign required will be issued by addendum. 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. Section A - SP (Revised 12/15/04) Page T of 23 A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b: Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments. from such an enterprise in the manner hereinafter set forth: 1. owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (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 51.0% or more of the total profits, bonuses, dividends, Section A - SP (Revised 12/15/04) Page 8 of 23 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% 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. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for. the Contract award are as follows: Minority Participatioa Minority Busiaess Enterprise - (Percent) Participation (Percent) 45 ~ 15 ~ b. 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 substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. 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. b. 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. Section A - SP (Revised 12/15/04) Page 9 of 23 A-23 Iaspectioa Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended. in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Soads Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (l0%) 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 reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who. is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) c i ~ i, a-: ~-,.a.~a i - - ~i..,. ..t , r r ' Section A - SP (Revised 12/15/04) Page 10 of 23 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 covenants 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 shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (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 employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Section A - SP (Revised 12/15/04) Page 11 of 23 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, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible.- The City must be named additional insured on any policies providing such insurance coverage. 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 any such lien 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 far the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's. Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (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, Section A - SP (Revised 12/15/04) Page 12 of 23 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. 2. 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. T`he 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 ffigiaeer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A 30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction 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. A schedule of anticipated monthly payments for the Project duration. 5. 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 be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. 'T'his 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. SectioII A - SP (Revised 12/15/04) Page 13 of 23 The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that. a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of-the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (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 cn tetra 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 $25,000.00 must. also be approved by the City Council. A-32 Amended "Barecutioal 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, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so'will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-l. Section A - SP (Revised 12/15/04) Page 14 of 23 A-34 Precedeace of Coatract 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 Requiremeats (NOT IISSD) bier to-~e~€e}erg vae~3~ at a~.~~ - - -_ _ , _ ~l ~,~.. ~"ce~F3cEz3Gi~6~',-~~'-rrc-~~~'e~3~i''c"te~ei''9, a ,•1.• ,.F - -- -- --L,' -s --- y- may. l ' a ..tea e~..~~- . L 1-~ a.. lYrt r ~ r Ei~~-t.'~te~ Depa~tm~~~ Pe~ee~el - - o3ie~t~~ie~t PreQ~am vail=-be effe~e ~ S r aa'~-' l F t' F..... ~-.. 1~~~.~~L.... ... s. 1 ~. re~~~a~~e~-s--gei-sei~re~--~t~s~ s d}fi aea~ eebe~e~ ' F "„ "_ "~''°~ e ~~r~-a~a-r3~e, ~~~e, e~ da ~ ~~ ' le ~e~es F" ^,..,} , e e ev G- Ee~~~e•~e~ s~a~~-P~ ~ r . . - , _z •' •~ arre -~~ e~tts ^....•~,^F,.Y y 3 8e~~~ae~e~' ~tttls~ ~e~ tree a~ ~~e~es m~s~ p --~~a=z~ ~ a • ~ ~'~A~ s}fie, as --~3.1 Ee=:c~~ae~e~ ~e } ~ ~ *T ..~~- ,~~'..-.~ va ~ ~~~~-e~ea~~-la~e~e se a=is6a~e~--a~-8-~'l -c r ' ti t e~ r . `i~'-ec~tiizo ~ eee - r st2 E ,3 vcz i ~ ' ' *- e~ d-~~C-}~~-~da - ~~, rf 4 a !l , ~ ~}ea~~e~s n^TT1T i rTT D[TT /1DC CC )N'~'}~61~ ~T~~irriT-z ;4 i T/'~/1TTT G~Tm T(1TT\ ~ ~ } a' F.....,~. }~e~ fie } ..,~a: ~....,.. ,.,,., s ~e - were ~~l~es, ~~~ , ~ ~ y~ese-mac ~r rr i , ~„ ..,a r ~ ~ ''- ~'egt#~i~'e~~-`vi== ^ -+- ,rsr e~3 a~-~rca-sc ..H.,.,. ,, ~•. _ ....4T rY Sectioa A - SP (Revised 12/15/04) Page 16 of 23 3 ~~e-~-~e~ae~ael~ e~ga~ed €~ the €~e e€ we~~e ^r^^~ F~ ^'' herete €e~-a-~least~r~ea~s- 4 . ~Fe ~ a ~ a .,r^F ' . 5. ~ .-,.,. nv ,. a ~ .- ~ .- ,, ~ ; r arse-~,xp~etae~~}erg t~3e apee}€}e ee„~te~a, }~TL'S'-~-aixa a die ems, €elly-sta€€ed ~' ^~ 9e~*~ee €aeil}t • ~,, • ~ ~„ ~ , F ~.,. n ~ +. -g.l~eZ9 m~~-rat-a€~, ~epai~, eal}bate • F: a ,......,.,.:.., ~ . -~I~-shall----cgarpifle~3t vahieh-i,T-the-P~ed~e€ a€ ene met-~~ae€}eal--~.~-~~€gme~€ a€---a gives t~~e~Pi~1=x~~ ~la~t will be used in ",,."'":"" e~ ~- ~e~~~egrama ~he~x~:,--~.o=z~ F }w • ., r.-^=.~ 9 '£he--~'e~t~ae~e~ shall ^,~..^., , , F • , , ^a „~ ~ .. blee#s req~i~ed to sheva the ,6EA£~§ system 34ttaehed }s---an--~ , F "' r a~a-~}vea to the ^ • '' ~'" $~?e--~3~e~~33~-P~3$se '~'~3eM.•}~ ,.• a. ' s^ r~-l.a~--ctixu ia--~~e~rde~te aheva all ~`'^ ~ '' "'"^^'"" "'~'^ Eeat~~e~e~--va}ll~~evid " ~', "^,'" °°~ A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. , c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify .the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Section A - SP (Revised 12/15/04) Page 17 of 23 d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f... Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and 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 on-site test data within the specified time to the City Engineer for 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 IISBD) 6 xv zasazi icaocixc aiaR cx~ yc - - 1 °- --- ---- ---- --. - Section A - SP (Revised 12/15/04) Page 18 of 23 A 38 Worker's Compensation Coverage for Building or Coastructioa Projects for Governmeat 8atities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy aad Fiaal 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 Ameadmeat to Sectioa 8-8-6: 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 Ozoae Advisory {NOT IISBD) 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 2ndemnificatioa & Hold Harmless Under "General Provisions and .Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, 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. Sectioa A - SP (Revised 12j15/04) Page 19 of 23 A-44 Chaage 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 (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.).. This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) 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 to substitutions/field changes. {2) Changes in equipment and dimensions due to substitutions. {3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT IISED) F,,,., d 1} } zest=~-a~=~ ~ee ~ rr ne ea sa ~ ~i}1 be used €e~ f ehle~~ ~- h l ls l h} ~u the water; p . . eve o ~- g ar~iet~lar }ssible limits €ei~ diseha~ge-~to d th @~3.31i3rcctxvi3, aad e~e~m Wray-c9Eeee }11 be the eeut3•aeter' ^ -~ ~~'^~ , , } ~t Ems r ¢ge~re}es sueh as w e , e T£H~EC, ,.~...,, w„ ~ F a. ., .., „F ~„~k~u h ~ ~ the g}ty-€e~ a~~ ere r ~ e~*al T r r A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT IISED) F~~=mot}ag-P}Peli~~es daft}eh-~a~allel and a-r~e withr~ ~e~ €eet--rl~~-ef r -r__...a _ -.., . -- - -- ^P the-P~eTeet, n,..-.~..,. ,.F ,. ~.t,-,, , ..~-.. ...a ,.. ~.. : a e~}€i~g-~}peliaesu at-a--~~~~ o= 399 €ee~ A E and Eeat~ae€e~ shalley ~-€e et-~~itt A . E . 1~#ies't~~~3~ the n F , , -.+-e a l a , , ,.w app~e~l~tate scat}eu the~ee€, al~t¢==ee'} to the--~avemee~ eea~e~l}tee-aud Ple*aat}arts e€ the `'~ ^F ~~:.,~r,:N~,_ section A - SP (Revised 12/15/04) Page 20 of 23 A-48 Overhead Electrical Wires (~/5/00) Contractor shall comply with alI OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. 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 to overhead lines whether shown in the plans or not. A-49 Ameaded "Maintenaace 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 individual or entity." A-50 Windstorm Certification The entire new addition, reroof and structural modifications of the existing building shall be inspected during construction by the project structural engineer (Wilkerson & Sanders, Inc.) (Certified Windstorm Inspector) that it complies with the requirements of the State Board of Insurance, Engineering Division, for the TCPIA. Contractor shall provide the services of the project structural engineer (Wilkerson & Sanders, Inc.) for this' certification and include the cost in the Total Base Bid. A Form WPI-1 (Inspector Application) shall be submitted to the Texas Department of Insurance prior to commencing construction and a Form WBI-2-BC-5 shall be submitted to the Texas Department of Insurance indicating the certified Windstorm Inspector (Wilkerson & Sanders, Inc.) has inspected the building for issuance of a WPI-8 by the Texas department of Insurance. The WPI-8 shall be provided to the Owner with the close-out documents. Section A - SP (Revised 12/15/04) Page 21 of 23 A-51 Amended Prosecution aad Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City request remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04? Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008; PROJECT No. 3361 OFTN'ER: CITY OF CORPUS CHRISTI ENGINEER: CHUCK ANASTOS ASSOCIATES, LLC CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAFTING SUBMITTAL NUi~ER: SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 25TH day of AUGUST, 2009, 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 as "City," and L®oncito's, Inc. termed in the Contract Documents as "Contractor," upon these terms, - performable in Nueces County, Texas: In consideration of the payment of $997,573.62 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BROADMOOR SENIOR CENTER IMPROVEMENTS 2008 PROJECT NO. 3361 (TOTAL BASE BID + ADD.ALTS.#1: $997,573.62) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT NO. 3361 BASS BID I II III IV BID 4TY & BID ITEM SXTSNSION DESCRIPTION ITEM UNIT 1. 1 L. S. Consisting of all work for the renovation of the existing building .and addition, as shown and in accordance with the plans, specifications and contract documents; complete and in place $ 961 , 439.62 per LUMP SUM. TOTAL BASS BID: $ ADDITIVE ALTERNATE BID #1 I II III IV BID 4TY & BID ITEM 8XT8NSION DESCRIPTION ITEM UNIT A1. 1 L. S. Consisting of all work to provide irrigation for the landscaping (refer to sheet N0.41}, as shown and in accordance with the plans, specifications and contract documents; complete and in place $ 22, 134.00 per LUMP SUM. TOTAL ADDITIVE ALTERNATE BID #1: $22 , 134.00 ADDITIV$ ALT81tNATS BID #2 I II III IV BID ~R~ & BID ITEM EXTENSION DESCRIPTION ITEM UNIT A2. 1 L. S. Consisting of all work to remove 5 existing windows and replace with 5 new impact resistant aluminum storefront windows (refer to sheet No.15) As shown and in accordance with the plans, specifications, and $14, 000.00 contract documents; complete and in place er LUMP SUM. TOTAL ADDITIVE ALTERNATE BID #2: $ 14.000.00 PROPOSAL FORM PAGE 3 OF 7 BID 3UNII~iARY TOTAL BA38 BID: $ 961.,439.62 TOTAL BASE BID + ADDITIVE BID ALTBRNATB #1: $ 983.573 67 TOTAL BASE BID + ADDITIVE BID ALTBRNATB #1 + ADDITIVE BID ALTBRNATB #2: $ 997,573 6- PROPOSAL PORM FAGS 4 OF 7 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 270 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary CITY OF CORPUS CHRISTI By: _ Oscar Martinez, sst. City Mgr. of Public Works an Utilities APPROVE AS TO LEGAL FORM: r By: Asst. City Attorney By : ~ -- Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Leonci to' s Inc .~ n _ By : tQ~ ,~ [~ Title : ~~.r/1~c 400 S.P.I.D., SUITE 104 (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/299-1742 * 361/299-1730 (Phone) (Fax) Agreement Page 2 of 2 ®"~'~.~.. AUTHORiIEir dT COdR~II ,. ~ ~ cf P R O P O S A L F O R M F O R BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT NO. 3361 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPIIS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 7 P R O P O S A L Place: Date: June ~4 2009 Proposal of Leoncitos In ' a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: SROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT NO. 3361 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: PROPOSAL FORM PAGE 2 OF 7 BROADMOOR SENIOR CENTER IMPROVEMENTS - 2008 PROJECT NO. 3361 BASE BID I II III IV BID QTY & BID ITEM EXTENSION DESCRIPTION ITEM UNIT 1. 1 L. S. Consisting of all work for the renovation of the existing building .and addition, as shown and in accordance with the plans, specifications and contract documents ; complete and in place $ 9.61 , 4 3 9.6 2 per LUMP SUM. TOTAL SASE BID: $ ADDITIVE ALTERNATE BID #1 I II III IV - BID QTY & BID ITEM EXTENSION DESCRIPTION ITEM IINIT A1. 1 L. S. Consisting of all work to provide irrigation for the landscaping ' (refer to sheet N0.41), as shown and in accordance with the plans, specifications and contract documents; complete and in place $ 22, 134.00 per LUMP SUM. TOTAL ADDITIVE ALTERNATE BID #1: $22 , 134.00 ADDITIVE ALTERNATE BID #2 I II III IV BID "QTY & DESCRIPTION BID ITEM EXTENSION ITEM IINIT A2. 1 L. S. Consisting of all work to remove 5 existing windows and replace with 5 new impact resistant aluminum storefront windows (refer to sheet No.15) As shown and in accordance with the plans, specifications, and $14 , 000 .00 contract documents; complete and in place per LUMP SUM. '~ TOTAL ADDITIVE ALTERNATE BID #2: $ 14.000.00 PROPOSAL FORM PAGE 3 OF 7 BID SIIi~II~lARY: TOTAL BASE BID: $ 961,,439.62 TOTAL BASS BID + ADDITIVE BID ALTERNATE #l: $ 983.573 62 TOTAL BASE BID + ADDITIVE BID ALTERNATE #1 + ADDITIVE BID ALTERNATIs #2: $ 997,573 62 PROPOSAL PORM PAGE 4 OP 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (a.s required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluatioia purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 270 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Addenda #1 & #2 ($F.AT, - IF BIDDER IS a ..G3~ion) :,~i~~ :~ ~~~ .• = - - • . = :' • .~ ~~~~ NOTB: Do not c{e~~c bid from other papers. Respectfully submitted: Name• Co B,Y . ~ IGNATURB) Address: 400 SPID Suite ins (P.O. Box) (Street) Corpus Christi, TX 78405 (City) (State) (Zip) Telephone: 361-299-1742 PROPOSAL FORM PAGE 5 OF 7 Bond #: 4373736 P E R F O R M A N C E B O N D STATE OF TERAS ~ COUNTY OF NUECES ~ KNON ALL BY THESE PRESENTS: TIiAT L®oncito's, Inc. of NUECES County, Texas, hereinafter called "Principal", and SureTec Insurance Co. a corporation organized under the laws of the State of Texas , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of NINE HUNDRED NINETY-SEVEN TBOUSAND, FIVE HUNDRED SEVENTY-THREE_ AND 62 3.00($997,573.62} DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THL CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 25TH of AUGUST 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: BROADMOOR SENIOR CENTER IMPROVEMENTS 2006 PROJECT NO. 3361 {TOTAL BASE BID + ADD.ALTS.#1: $997,573.62) 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 void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this band, 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 -This bond is given to meet. the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite. notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7,..19-~., Vernan's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 9 copies, :each one of which shall be deemed an original, this the 8th day of September ~ ~p 09 , PRINCIPAL Leoncito's, Inc. By: ~ r G V e ~ (Print Name & Title) AT h-e Cm ~ -T" ~ l~c.y ----- . tPrint Name & Title) SURETX` SureTec Insurance Company BY : _ ~. Attorney-in-fact Barbara Newcomb Print Name) _ ..:..... The RaN~ident Agent oP the 3etp in N~xscea C+nty, Tena,s, ~'or de2iv~gry of notice aG.nd sarvice of proc•ss is: Gp; Keetch & Associates Contact .Persc3st Mike Rh n~ e 4 1 ~y Address: ....1718 Santa Fe Corpus Christi, TX 78404 Fhox~te Nu~aber: 361-883-3803 (NOTE: Date at' Performance ~anci must not be prior to date. Qf contract}(Revised 3/08} Performance Bond Page 2 of 2 Bond #: 4373736 P A Y M E N T B O N D STATE OF TE7CAS ~ IU•iOW ALL BY TRESS PRESENTS COUNTY OF NUECE3 § THAT Leonaito's, Ina. of NUECES County, Texas, hereinafter called "Principal", and SureTec Insurance co. , a corporation organized under the laws of the State of Texas , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of NINE HUNDRED NINETY-SEVEN THOUSAND, FIVE RUNDRED SEVENTY-THREE AND 62/100($997,573.62) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF IBIS OBLIGATION IS SUCK TRAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 25TH day AUGUST 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: BROADMOOR SENIOR CENTER IMPROVEMENTS 2008 PROJECT NO. 3361 (TOTAL BASE BID + ADD.ALTS.#1: $997,573.62) 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 Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given tozneet 'the requirements of Article 5160,. Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and an whom service of process may be had in matters arising out of such suretyship, as prouided by Art... ', 7.19--1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each ane of which shall be deemed an original, this the 8th day of September ~ 2p 09 PRINCIPAL Leoncito's, Inc. By• f (~l(l0. ~1k5~ ~1~3 ~~eSr dewy (Print Name & Titlej ATTE -T~,~e Lm~ ~T -~? I ~.~-,Gy (Print'Name & Title) SURETY SureTec Insurance Co. By• - Atto ne i -fact BarrbaYxa Newcomb {Print Namej .:_ The Resident Agent of the Surety in l~ecetlt C't,~. T~,e, far dsi3very ~af sxataEQe snd e~erv:~cae of pxo~aet~e is Agent,; Keetch & Associates Contact Fesson:_ _Mike Rhyne Address:' 1718 Santa Fe rar ,,~ r ,-; ter; , Tx 7sgoa Phane hl~mber: 361-883-3803 {NpTE Rate of Payment sang ~sust not be prior to date o£ contract) {Reused 3/OS) Payment Bond Page 2 of 2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 POA #: 4221025 ~ure'~'ec Insurance ~+~nlpany LIIVTTED PaWER C)F AT'Tt~RNE' Knave All Mere by These Presents, 'T`hat. SURETEC INSLTRAt~ICI~ Ct3MPANY (the "Company"}, a corporation duly organized and existing under the taws of the State of Texas,. and having its principal office in Houston, Harris County, Texas, does by theme presents make,: constitute and appoitrt Paul G. Adam, Peter S. Batjer, Joseph P. O'Connor, Randall Severance, Lisa W. Friends, Annelle U. Smith, Barbara Newcomb, Susan D.B. Muniz, Kari N. Wirth its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its naive, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed , Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its. Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: ,fie it Resoled, that ihs Yresidsnt, any Vice-Presdt, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full. Bawer and :authority to appoint any one or more suitatsle persons as Attorney{s)-in-Fact to represent and act for and on behalf of the Company subject to the following grovisicuis .4tznrne,~in Face may be given full Bower akd authority for and in the.. Hams:. of and of behalf of the Corrrgany, to execute, ackrowledge and deliver, any and ail bands, recognizences contracts, agreements or indemnity and other cunditiortal or obligatory undertakings and arty and. all notices aver documents canceling or tetniinating the Company's liability therearnder, and any such instruments so executed by any such Attorney-in-Fact shall bs binding ugon the Company. as ifsignsd by the-President and sealed and effected by the Corporate Secretary. Be it 14esaJverl, that the signature of any authorized ofFieer and seal: of the company hereto fore. or hereafter affixed. to any mower of attorney or any certificate relating thereto by facsimile, and any power ofattorney or certifrcate bearing facsimile signature or:facsimile seal shall be valid acid binding upon the Company with respect to any bond ax undertalang to which it is attached,.. {,4dopterl at a meeting held on 7!?'k of Aprrt, L999) In l~ta¢ss Wh~r~a, f, SURETEC INSCJRA.AIC~`TT Ct~MPANY has caused these presents to be signed iiy its President, and its corporate seal. tcs be hereto affixed this 28th. day of October, A.11. ?Ot18, 4 ; . SURETEC )(NS ~~ Ct3MP AIVX ~-;~, `,~ z~ ; . ~~ ~,~ ; ~~ ~ B.J'.:~i estdent ~. State ofTexas ss: ` ~° ~'~ ~ `' County of~k~xxi ~' 1 -~ t~3n this 2gh day of tktaber, 201#8 before me personally carne B.J. King, to me known, who, being by me duly sworn, did depose ~d say, that he resides in Houston, Texas, that he is President of SURETEC I1V5IJRANCE C(}MPANY the sxtrripany described in and which executed-the above instrument, that he knows the seal of -wild Gi>rrsgarty; titer the seal afl'rxsd to said insErumstit is such cnrgtrrrate seal;. that it was so affixed by order of the Board of 1lirectois ofsaid Company; and that hs signed his name thereto. by like orrice. (~it+Flefit# Michelle Denny, Notary P .lie My commission expixes August 27, 2012 1, M. Bn;nt Beaty, Assistant Secretary of SURETEC 11ti1SiTitANCE COMPANY, do hereby certify that the above and foregoing is a true and correct Logy of a Power of Attorney, executed by said Gomgany, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the P©wsr .nf Attorrrsy are in fall €orec and. effect. Given tinder eery-hand and the seal of said Gotr~pany at Houston, Texas this ~~ day ofJ`~ ~° e , 0~, A.D. M.Brent ~tyAssts ntSecretary Any instrument. issued in excess of the penalty stated above is totally void and without any validity: For verification of the authority o€ this power you may call t'1~S3j 812-0t#t30 any ttuslness day between 8:00 am arsd S:ot) pm C3T, CITY OF CORPUS CHRISTI DgFARTMBNT OF ~tGIN$ERING SSRVIC&S P.O. 80X 9277 CORPUS CHRISTI, TEXAS 78469-9277 RB: Certification of Power of Attorney for Performance sad Payment Bonds Contract Name • Broadmoor Senior Center Improvements 2008 # 3361 Surety Company : SureTec Insurance Company __ Gentlemen: I, Paul B. Robinson (mate of Q~ Of surety} , hereby certify that the facsimile power of attorney submitted by Barbara Newcomb ,, __, _,_ _______ (Attorney-In-Pact) far _____ Leoncitos, Inc. (Contractor} , a copy of tihich ie attached to this c®rtificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in €ull farce and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7} days thereof at the following address: City of Corpus Christi Degartment of }engineering Services Attn: Contract Administrator P.O: Box 9Z'77 Corpus Christi, Texas 78469-927'7 Signed this 8th day of September ~ ~~ 09 .! _ , Name: Title: Sworn and subscribed to before me on this 8th day of September 2 p 09 , ~~'"~ -. Traci Dianne Ban'OW r~~ ~ ~ ~ ~~ pug ~. a. ~,f~j~ i Notary PubNe S tr a t ~ ~ f _ Texas 'ti• ~^'~ p*t rAyCo~memiss~eE~icp'Kes °IY ru~;•:=-~ ~'-^-'r; u:;~ires: April 7, 2013 • ~~.'!~a~!'.~'f April 07, 2013 (Revfred 7/00} ATTACHMENT 1 1 OF 1 CITY OF CORPtIg CHRISTI DEPARTMENT OF ~1GIN~+ERING 8R7tVICSs P.O. BOX 9a?? C~EPU3 CY~RTS'i'I, TB7IA8 7846P-9277 8E: Certificstign of pow~ar og Attorney for 8erformapae $s}.d Payutant 8as-ds Pxoject 3aarne/A7o.:8roadmoor Senior Center Improvements 2008 Proj #: 3361 surety company; sureTec insurance Company c3entlemex~ I, Robert D. Cave (as~ta o! Q Eiger of surety) hereby certify that the facs3.mile power of attorney submitted by Barbara idewcomb (Atfo7tstey-2a~Fsat) fox L ' (Ceatractor),'a copy of which is a~i:aehod to bhis aert3fieate, is a true and cari'ECt cagy of the o}^igiaal power of attorrney on file iu the records of the surety company is its home a#f~.ce, nee got been amended oz abxidged, is still in fgli force and effect, and said designated agent is currently in good standing with the surety. In the eveat: of aancgllatxaa of this power of attorney, the City of Carpus Christi sha11 Ise aotified 3.n writing by oertified mail with3.~a seven (7) days t}iexeaf at the foiiowing address: City of Corpus Christi Department ot: Engineering Sezwices ACrn: Contract Adminfstxator P.4. Box 9277 Corpus Christi, T$7C$75 78969-8277 29 09 . ~ n t I+fiotary Public State of Texas My Coaaraission Expires • APriI 7, 2013 (Revised 910x} ~.,~ TfSC1 Dianne 88R~OW * i~N~ ~t0°r App OT, 2013 signed this 8th day of September 20 09 , ._._r._r__ ~~`~ Name . Robert D. Cave Title: Sr Vice Presideirt Sworn and subscribed to i~afoxe me on this 8th day of Se_...E.~mber , ATTAC~EN~' I 1 OF 1 Fill in with ink and submit complete with attached papers. (Revised august 2000) CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answerwith °NA". FIRM: Leoncitos, Inc. STREET: 400 SPID, Suite 104 CITY: ('c~r~»c hri G ..i ZIP: 78405 FIRM is: 1. Corporation X 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. 1. 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 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `arm". Name Title N/A 3. 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 Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name `Consultant N/A CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingy withheld disclosure of any information requested; and that supplemental statements will be promptty submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: C o r i n a C a s i 11 a s Title: President - (Type or Print) PROPOSAL FORM PAGE 6 OF 7 ~`1~ ~ ~ ~~~~~~' Date:- June 24 2 Signature of Certifying Person: ~ ~ ~ 0 0 9 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. °ConsultanY'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation., PROPOSAL FORM PAGE 7 OF 7 4F LIABILITY INSURANCE ~~~ CERTIFICATE L~O CCl~ ~ DATE(I~BUDD/YYYY, . N 09 10/09 THIS CERTIFICATE IS ISSUED AS A MATTER O INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF~ATE Swantner b Gordon ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone:361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC# ~ INSURER A: Re ublic Llo s 19208 INSURER B: Southern Insurance Co 19216A 2nc Leoncitos INSURER c a.~uu~ o4a.~ss.n ~. co 24538 , ~ ~TX4 Cor usPCh i I"SURER D: Texas Mutual Ins Co 22948 78405 s i r p INSURER E: ~n~~rs ar_rc TH'e POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENi. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TFIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF CE POLICY NUMBER DATE (MAiDWYYW? DATE (MM~D1YwY) LBYr3 GENERAL LUIBILITY EACH OCCURRENCE $ 1, OOO , OOO A X cOMMERCIALGENERALLIABILITY CMP550414700 08/26/09 08/26/10 PREMISES (Eaocclrerxe) $ 100,000 CLAIMS MADE a OCCUR / MED EXP (AnY one Persan) $ 5 , 0 ~0 X COntr$Ctttal Liab ~/ ° PERSONAL & ADV INJURY 1 , 000 , 000 X Broad Form PD GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 2 , OOO , OOO POLICY XPIERCT LOC B ALrTOMOBILE ~~~ X ANY AUTO BAP550414800 08/26/09 08/26/10 COMBINED SINGLE LIMIT (Eeeccident) 1,000,000 ALL OWNEDAUTOS / BODILY INJURY $ SCHEDULED AUTOS / (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILRY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILrfY F?,CH OCCURRENCE 1, OOO , OOO C X occuR ~ cLaMSMADE UMB550414900 08/26/09 6/10 08/2 AGGREGATE $ 1,000,000 / $ DEDUCTIBLE V $ X RETENTION $1 O , O O $ W O TiON ' X TORY LIMITS ER D LIABILRY AND EMPLOYERS ANY PROPRIETOR/PAR'R•ER/EXECUTIVE 0 TSF0001161990 10/08/08 10/08/09 E.LEACHACCIDENT $ 1,000,000 OFFICERIWR EXCLUDED? (Me~ery M N{I) E.L. DISEASE - EA EMPLOYEE $ 1, OOO , O OO If yes, describe ~xder SPECIAL PROVISIONS belaN E.L. DISEASE -POLICY LIMB $ 1 , 000 , 000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES /EXCLUSIONS BY ENDORSEMENT 1 SPECAL PROVISIONS RE: Broadmoor senior Centez 2008 Project No. 3361 Additional insured in favor of the City of Corpus Christi applicable to General Liability ~ Auto Liability. r~orll:u-arc lung nca CANCELLATN7N SIiOULD ANY OF THE ABOVE DESCRIBED POLICEiS BE CANCELLED BEFORE EXPIRATION CICC-CO DATE THEI~OF. THE ISSUMIG INSURER WILL ENDEAVOR TO MA0. 30 Y DAYS WRTrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of Corpus Christi IMPOSE NO OBLIGATION OR LIABILITY of ANY KMO UPON THE MSURER, TrS AGENTS OR Engineering Services Rr~RESENrATIVES• Attn: Contract Administrator A.~ P.O. Box 9277 Corpus Christi TX 78469-9277 arnon ~s i~nnoxN- 1988-2009 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the cert~cate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~CORO® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MMIDD/YYYY) 09/21/2009 -HIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON -HE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR 1LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 20DUCER NAM PHONE 361-814-0123 )NTACT PERSON AND ADDRESS ~A/~~ COMPAN-' NAME AND ADDRESS NAIL NO: ZURICH ENNIS TREVINO f10 WEBER ROAD FARMERS SERVICES INSURANE AGENCY UITE 11-D 3041 COCHRAN STRET ORPUS CHR-STI, TX 78413 SIMI VALLEY, CA 93065 c Nor 361-814-1193 I A ~E : dtrevino farmersa ent.com IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH )DE 41 sue coDE: 389 Poucw TYPE ~ENCV 19/41/389 BUILDERS RISK . ~$~11c1C I ~MED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER ONCITOS, INC. N/A ER68821448 )0 SPID SUTIE 104 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL ORPUS CHRISTI, TX 784S05 09/10/2009 09/10/2010 TERMINATED IF CHECKED )DITIONAL NAMED INSUREDS) THIS REPLACES PRIOR EVIDENCE DATED: ITY OF CORPUS CHRISTI, DEPARTMENT OF ENGINEERING ROPERTY INFORMATION Use REMARKS on a e 2 if mores ace is re wired O BUILDING OR ~ BUSINESS PERSONAL PROPERTY CATION/DESCRIPTION ROADMOOR PARK SENIOR CENTER, 1651 TARLTON STREET, CORPUS CHRISTI, TX 78415 'HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 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 EVIDENCE OF PROPERTY INSURANCE MAY 3E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS )F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E INFO ~MMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: S 1 15O OO O DED: 1 ,000 YES NO NIA ~ BUSINESS INCOME ^ RENTAL VALUE X If YES, LIMIT: Actual Loss Sustained; # of months: .ANKET COVERAGE X If YES, indicate value(s) reported on property identBed above: S :RRORISM COVERAGE X Attach DisGosure Notice! DEC ISTHERE ATERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X MITED FUNGUS COVERAGE X If YES, LIMIT: DED: 1NGUS EXCLUSION (If "YES", specify organization's form used) )( .PLACEMENT COST X POLICY LIMITS ,REED VALUE INSURANCE X ffYES, % ]UIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT: DED: ~DINANCEORLAW -Coverage for loss toundamageoportionofbldg X - Demolition Costs X If YES, LIMIT: DED: -Incr. Cost of Construction X If YES, LIMIT: DED: ~RTH MOVEMENT (If Applicable) X If YES, LIMIT: DED: _OOD (It Applicable) X If YES, LIMIT: DED: IND /HAIL (If Subject to Different Provisions) X If YES, LIMIT: DED: RMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE DEDER PRIOR TO LOSS X COULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO AIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~ITIONAL INTEREST MORTGAGEE I CONTRACT OF SALE LENDERS LOSS PAYABLE X OTHER TY OF CORPUS CHRISTI _PARTMENT OF ENGINEERING 01 LEOPARD STREET ~RPUS CHRISTI, TX 78401 LENDER SERVICING AGEN7 NAME AND ADDRESS NONE CORD 28 (2006107) Page 1 of 2 ~' '-'~AL'ORD CORP The ACORD name and Joao are registered marks of ACORD All rights reserved. 4CORO® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE °~~`"""°°~'"' `~ 09/21 /2009 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR 4LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. R DU ER NAM PHONE 361-814-0123 ONTACT PERSON AND ADDRESS ~A/~~ COMPANY NAME AND ADDRESS NAIC PIO: IENNIS TREVINO 410 WEBER ROAD TEXAS WINDSTORM INSURANCE ASSOICATION UITE 11-D P.O. BOX 99090 :ORPUS CHRISTI, TX 78413 AUSTIN, TX 78709-9090 c no): 361-814-1193 i A ~IESS: dtrevino farmersa ent.com IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH JDE: 41 sue CODE: 389 POLICY TYPE ~eNCV 19/41/389 BUILDERS RISK . .ISS4M> 4ME0 INSURED AND ADDRESS LDAN NUMBER POLICY NUMBER EONCITOS, INC. N!A 1554027-00-3 OO SPID SUTIE 104 EFFECTIVE DATE EXPIRATION DATE •ORPUS CHRISTI, TX 784S05 09/20/2009 09/20/2010 CONTINUED UNTIL TERMINATED IF CHECKED ~DITIONAL NAMED INSUREDS) THIS REPLACES PRIOR EVIDENCE DATED: :ITY OF CORPUS CHRISTI, DEPARTMENT OF ENGINEERING ROPERTY INFORMATION (Use REMARKS on page 2, if more space is required) L7 BUILDING OR D BUSINESS PERSONAL PROPERTY ~CATION/DESCRIPTION .ROADMOOR PARK SENIOR CENTER, 1651 TARLTON STREET, CORPUS CHRISTI, TX 78415 fHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING \NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY 3E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS )F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. n VFI?A(:F IAIFnRMATlnl~i DCDII C IAI CIIDCn X RACK wDnAn RDCCIAI DMMERCIAL PROPERTY COVERAGE AMOUNTOF INSURANCE: S 1 OO O,OO O DED: 1O OOO YES NO NIA j BUSINESS INCOME ^ RENTAL VALUE X ff YES, LIMIT: Actual Loss Sustained; # of months: _ANKET COVERAGE X If YES, indicate value(s) reported on property identified above: $ RRORiSM COVERAGE X Attach Disclosure Notice/ DEC IS THERE ATERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X MtTED FUNGUS COVERAGE X If YES, LIMIT: DED: JNGUS EXCLUSION (If "YES", spec'dyorganization'sfonn used) X .PLACEMENT COST X POLICY LIMITS ;REED VALUE DINSURANCE X If YES, $O ~UIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT: DED: RDINANCEORLAW -Coverage for loss to undamaged portion of bldg X -Demolition Costs X If YES, LIMIT: DED: -Incr. Cost of Construction X If YES, LIMIT: DED: >RTH MOVEMENT (If Applicable) X If YES, LIMIT: DED: .OOD (If Applicable) X If YES, LIMIT: DED: IND /HAIL (If Subject to Different Provisions) X If YES, LIMIT: 1 OOO OOO DED: 1 O OOO RMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE DLDER PRIOR TO LOSS ~( ANCELLATION 10ULD A Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO AIL 3~ DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ~ LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. )DITIONAL INTEREST y MORTGAGEE ~ CONTRACT OF SALE i LENDERS LOSS PAYABLE ! X I OTHER TY OF CORPUS CHRISTI PARTMENT OF ENGINEERING 01 LEOPARD STREET )RPUS CHRISTI, TX 78401 ~ORD 28 (2006/07) LENDER SERVICING AGENT NAME AND ADDRESS NONE AUTFIO>D REPRESENITATI ~' ~. ~'tl~a AJ~1~ Page 1 of 2 ®ACORD CORPORATION 2003-2006. All rights reserved. The ACORD name and loco are registered marks of ACORD {YIIOE{f ^K{ KA{ '~''"~ CERTIFICATE O F ~ NSURANCE ~~ ~- This certificate is provided as evidence of insurance' under policy # 68821448 of the company named herein. Additional Insured Name and Address CITY OF CORPUS CHRISTI, DEPT, OF ENGINEERING 1201 LEOPARD ST. CORPUS CHRISTI, TX 78401 Insured Name and Address LEONCITOS, INC. 400 SPID. STE. 104 CORPUS CHRISTI, TX 78405 Amount of Coverage Per Building (Completed Value)$ 1,150,000 Premium $ 6,337.00 Effective Date (Date Construction Began) 09/10/2009 Term: 1 year Description and Location of Property to be Insured 1651 TARLTON CORPUS CHRISTI, TX 78415 This is to certify that the above is an insured under a builders risk policy issued by a company of the Zurich Financial Services Group, covering property identified above from the inception date shown, subject to all terms and conditions contained in the policy. Insurance as provided under the aforementioned policy is subject to all terms, conditions and limitations thereof and shall in no event extend beyond date of termination of the insured's interest in the articles described herein. e Dated ont , Da and Year) Authorized Agent Agency Producer Number A0031404 Agency Name FARMERS SERVICES INSURANCE AGENCY Mailing Address 3041 COCHRAN STREET City SIMI VALLEY State CA Zip Code 93065 ZURICH The Inland Marine Declarations, Common Policy Conditions, Commercial Inland Marine Conditions, Coverage Form(s) and INLAND MARINE DECLARATIONS Endorsement(s), if any, issued to and forming a part thereof, complete the Commercial ASSURANCE COMPANY OF AMERICA Insurance Policy numbered as follows: A Stock Company Administrative Office: 1400 American Lane ©New Polic y ER68821448 Schaumburg, IL 60196 ^ Renewal of ^Rewrite of THIS IS A COINSURANCE CONTRACT. In return for the payment of the premium, and subject to all the terms of this policy, we agree Please read your policy. with you to provide the insurance as stated in this policy. 1. Named Insured and Mailing Address: 2. Producer Information LEONCITOS, INC. A) Name: P.O. BOX 270898 .FARMERS SERVICES INSURANCE AGENCY 2621 HOLLY RD. 3041 COCHRAN STREET CORPUS CHRISTI, TX 78427 SIMI VALLEY, CA 93065 #A0031404 B) Telephone #: 3. Polic Period -From: 09/10/2009 To: 09/10/2010 y C) Fax #: D) Zurich Producer #: A0031404 12:01 a.m. Standard Time at your mailing address above. E) Field Office Name: Farmers F) Field Office Code: 698121155 Farmers Policy Number 4. Form of Business: ^ Individual ^ Partnership ®Corporation ^ Joint Venture Other 5. Limits of Insurance either One-Shot or Re rtin Form as indicated below ^ Reporting Form (continuous policy) ©One-Shot (non-reporting form/single structure policy) ^ Annual Rate ^ Monthly Rate (RBIs - 4) ^ 1-4 Family Dwelling ©Commercial Structure Property Location: 1651 TARLTON CORPUS CHRISTI, TX 78415 A) Any one structure $ B) Property temporarily at any other $ New Construction premises A) Any one structure $ 0 C) Property in transit $ B) All covered property at all locations $ 0 D) All covered property at all locations $ (same as A unless otherwise noted) E) DevelopmentlSubdivision Per Report Remodeling Fences/Walls or Signs C) Renovations and Improvements $ 1,000,000 F) Rate Per Report D) Existing Buildings or Structures $ 150,000 G) Premium Per Report Additional Coverage 8 Final Premiums H) Total Taxes and Surcharges Per Report E) Property temporarily at any other premises $ 10,000 (per attached endorsement) F) Property in transit $ 25,000 I) Total Fully Earned Policy Premium Per Report G) Development/Subdivision $ 0 Fences/VNalls or Signs H) Rate $ 0.551 I) Premium $ 6,337.00 J) Total Taxes and Surcharges $ 0.00 (per attached endorsement) K) Total Fully Earned Policy Premium $ 6,337.00 (minimum premium applicable) 6. Deductible: ^ $500 ©$1,000 ^ $2,500 ^ $5,000 ^ Other T. Forms Applicable To All Coverage Parts: IL1201 (11/85), 47681(09/93, U-GU-630-C(12/07), U-GU-766-A(12/07), U-GU-767-A(01/08), CM0001(09/04), IL0017(11/98), 40471(11/02), CM01 12(09/00), HBIS-35(11/02), HBIS-37(09/07), HBIS-67(11/02), HBIS-79(09/07), IL0003(08/02), IL0171(09/07), IL0288(10/01) / Countersigned: ~~f' / C~ ~ ~ By: ~0 ~o~ni ~ ~~ D to Au ed Re rese nta iv FM-170001 (09 07) Sep-22-2009 09:5Zam From-SWANTNER ~ GORDON INSURANCE 3618440101 T-567 P.004/Dfl7 F-446 CMP5SO414700 Republic Plus+ General Liability. n _ p ncrrrnent; ortarnent This endo'senrent G-an9es the poly. Please read It carefully. j This endorsement modifies insurance pn3vided under the following: Conrmerdal General UlaWlity Coverage Fo-m With respect to coverage provided by this endorsement, the provisions of the Coverage arm apply unless modified by the endorsement 1. Medical Payrrisr+ts 4. iNorr-Owned Watera'aR Subject to the terms of Secxion 111- Limits of the Medcal Expense Limit is the Insurance Exclusion ~_ of Section 1- Coverages, Coverage A Bodiro rnury a ebn9 ~~ ~ 61n e aft ve d , higher oi: a is fe et er wat r n apply neither: a. $10.000; or a_ Owned by you; nor b. Ths amount shown in ttie Declarations for Medical Expense L'xTiit. b. Beim used to ~'Y persons or property for a charge. Under Section I -Coverages, Coverage C - tUledical Payments, paragraph 1.a. (3j, This addsr'tr'onal insurance; is excess over airy other th t subparagraph 2, is amended bo read as fellows ® e to valid and oolleatibie insurance awdflab insured whether primary, excess, or contingent. (2) The expenses a~ incurred and reported to us within two years of the S_ Broad Not~Ce of Orxurrence data of acddan# Paragraph 2.a. of Section IV - Commercial 2. Supplementary Payments inked Limits General Lability Coriditioris is deleted and replaced by the iolbwing: Paragraph 1 of Section 1-Coverages, Supplementary Payments • Coverages A and B Is 2. You must see to i# that we are notified as soce " " amended as fooows: or an o~ixrence as predicable of an Offense which Wray result in a claim. b. Up to $2,00 for the cost of bail bonds required because of accidents o< traffic law Knowledge of alt "ocam~ertoe" or an offense by Yoh "empbyees" sltail not, in itself, violations ~n~g out of the use of any vehicle to which ifie Bodily injury Liability Coverage cxtr>s6hl#e knowledge th you unte~ your partners. "exesa~llre officers', direabors, h i r k h apprise. We do not have to furnish these manage s a s insttraltoe manager or r have ac~,auy ret~ived notice. To the extent finds. reement or act A t d b C ~ possible, notice should include: , g r y on 3. Additional Insure ~/ Permit (1) How, when and where the'bccurrerioe" or offense took place; Section ll - Who is an' Insured, is amended to include as an insured any raison or organization you are required by a written contract, The ~ and addresses of an (2) Y insured persons and witnesses; and agreement, or permit to name as an insured, but only with rasped to "bodily injury" or "funperiy S The nature arui location of any lri)ury or {) " " damage" arising out of such person or or ~~ ari~sin out of the occurrence 9 organizaUori's vicarious fiabitty for your negligent ofi®nse. acts or omissions cornmitbed in the course of your ongoing operations performed for such person or The fdlowing is added ~ Paragraph 2. of Section organization, and excluding any negli~en#ads or IV - Cammerdal General Usbility Canditiorts: omissions of such person or organization. e. ff you fail to give us no#ioe of an "occurrence", This Insurance does not apply LD such person. or otfense, claim Or "suit", soleiy~due to your' organization unless the contract, agreement or reasonable and documented belief that the permit is made prior to when the "bodily Injui~' or "pro[~erty damage" occurs. CG 8029 060 Catt~n6 Copyrlphlad Mat9tl61 wMh Permlaelan, Pi10o ~ of 3 u~wranoa Sorvim"a oetoe Sep••11-2009 09•:53am 'From-SWANTNER & GORDON INSURANCE "bodily injury" or "property dam " is not covered under this policy, vve wi~nat deny covet'age under this pdicy solely because of suchfa0ure. 6. lJnirtenlfonal Failure to Disclose Hazards The following is added to P raplt 6. of Section (1/ _ CamtercBl General t_iabi y Conditions' If you should uninUentionally fall to disdc~e all existing hazards at the inception date of this policy, we win not deny coverage under this potiCy solely because of such taasture 7. Addldonat Insured -Blanket Yendiors Seddon II - Who is an Insured is amended to include as an insured any person or organization ('wendo~'~ with whom you agreed under a written coMtact or written agreement to ptovide insurance, but only with r+esped tp "bodily injury' ~ "P~rty damage" ansing out of produces' rvhlc~+ are dishibuted or in the regular course of the "vendor's" business, sum to the io0owing addtiional exclusions: a. The ir>suranoe afforded the Brenda"' does not apply tie: 1. "Bodily inJur>r' or r+operty damage" for which the "vendo~is obOgabe3d to pay damages by reason of the assumption of f~~~ m a contract or agreement. This e'ron does not apply to Gab~_i'ty for damages thatthe "vartdor" woulldd pave in the absenk~ of the contract or agreement; 2. Any express warranty unauthorized by Your 3. Any physical or chem~al change in the pnxJuct made intentionally by the 'Y~idor; q, Repackaging, unless unpacked Solely for the purpose of Inspection, demonstration, testing or the substi~' n of parts under instruction from the manufar~urer, and then repackaged in the original container. 5. Anyfailure to make such inspection, adlustrnerits, bests or senr~ing as the "vendor' has egr+eed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; 6. Demon, installation, serviang or repair operations, except such operations pertormed at the 'tirendor's" 3618440101 T-587 P.005/fl07 F-446 premises in connection w~h the sale of the ud {this exception does rmt ap ->m the e~entthat subparagraph g. is applicable); or 7. Products which, after distribution or sate by you, gave been labeled or relabeled or used as a container, pert or ingredient of any other thing or substance by or far the "vendor'. b. This pprroovision, Addttlorral Insured - Btanket.Vendors, does not apply to any person or organiration from whom have acquired any products, induct ng arry ingredient, dart or ooMainer entering Into, accompanying or oorttaining "your f~~-- c. This provision, Adklapplia' y ~ l~ynsured - B1an does not 'wendo>"' included as an insured by an endorsement issued by us and made a part of this Pd~Y- d. This provision, Additional Insured - Blanket does not apply if "boddv injury' or •` i uded m the "prnduclis~~~d operatics hazard" is othenNise excluded under the policy, including this or any other endorsement_ 8. Fire, Lightning, Explosion and Sprinkler Leakage ti Daniages loo Prarnises Rented to You under 5edion i -Coverages,,coverage A Bodily InJury and Property Damage rs not ~ excluded under the policy, including this or any other endorsement, the fiolkmnng applies: a. The last subparagraph of aragraph 2. Exckaslons of Section I -Coverages, Coverage A Bodily Injury and Property Damage is amended to read: Exclusions c through n_ da not apply to damage by fire, lightning, explosion or sprinkle? leakage to p2rnises while rented to you or temporarily occupied by you with the permission of the owner. A separate Omit of msurance applies to this age as described in Sedon III -Limits of insurance. b. Paragraph 6. Qf Section Ill - Limits of Insurance rs amended td read: 6. Subject to 5. above, the Damages to Premises Rented to You Ltiriit is the most we wit pay under Coverage A for damages because of "property you or temporarily CG R429 0604 Conml~ COpyAgMed M~erlal wllh Pe-Ri+s~on PABa 2 er 3 InSUraftG! Sentloe6 k~ Sep-22-2009 09•:54am From-SWANTNER & GORDON INSURANCE occupied bbl you with permission of the owner, ans,ngg out of damage" to premises, wM'ie rend to any one fine, lightning, ex~loslon ar sprinlder leakage °ootxirrence . Submit to aA the teems of Sectior- III - lim~s of Insurance, t#~e Dames to Premises Rented to You Limit is the grater of•. a. x250,000; or b. The amount shown in the Dedaradons for Damages to. Premises Rented tDo You Limit. C. Paragreph 4.b.1 _b. of Section IV - Commercral General l.iat~ty Conditions Is amended to read jbJ That is Ftre, Lightning, Explosion, Sprtntcer Leakage or any similar insurance coverage for premises rented th you or temporarily occupied by ynu with permission of the owner, or 9. tCktendsd Properly Damage ~xclusian 2.a, aF Section I -Coverages, Coverage A EiodNy I 'urX and Property Damage is replaced by the fdrg: a. °soculy jury" or " roperty damage" expected or intended ir+an the standpoint of the insured. This exclusion does not apply to °badilY injury" or "property damage" resulting from the use oi` n~asonable force th protect persons or ProP~Y- 10. Newly Formed or Acquired Organizations h 4. ot` Section It -Who is an insured, is replace by the folbwing: 4. llny organizatlon you newly acquire or fonts, other than a partriersltip, joint venttee or limited liability company, and ov®r which you meimtain ownership or major. rrdsrest, will qusiity as a Named insured if there rs no outer similar insurance available to that organization. However: 3618440101 T-587. P.006/007 F-446 a Coverage under t,~iis provision is atiorded onlyy until the 1 day after you acquire or farm the organization or the snd of the policy period. whichever is eerlie~; b, Coverage A does not apply to "bodily injury" or "property damage" itiat occurred befor8 you aequrred orfom-ed the organzation; and c. Coverage B does not apply th "personal and advertising injury" arising out of an ar tortned the fitted b~iore.Yvu aaluued organization. 11. Blanket Waiver of Subrogation Section N -Commercial Genera! Liability Conditions. Item 8.1.4 reeplaoed Witlr_ 3. Transfer of Fights of Recovery A~autst Qthers to us and Blanket Wanner of Subrogation ff the insured has rights to mover all ~ pert of any~FF ant we have made under this C~o~+ age Part, these right are Uansfemad to us. The insured must do nothing niter loss th impair those , rights. At our request, the insured will bnnp "Solt" Or transfr+r those nghtS to us and help us enforce them. If n~rirt:d by a written insured conirdri" signed prior to an oocurrence or of6ense, we waive any nght or recovery we{nay haws against any person or organzation because of pa~rnents wa make for "bodily rtt1ur~', properly damage" or. "personal and advertising injury" arising our vF your operations or work that person or organization. CG R0~ 0804 Con~ina Ga~pyrlgrmad Material wMh Penniealon, Papa 3 of 3 Ineuranr~ Servlees O~ioa Sep-22-2009 09:54am From-SWANTNER 8, CORDON INSURANCE POLICY NUMBER: aAP 5504148 00 Gp1AMERC1Al, AUTO CA 04 0~ 0604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITtQNAL tNSUREQ Thhiss endor~ment mod~ies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRfER COVERAGE FORM TRUCKERS COVERAGE FORM 11Vith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy efTective on the inception date of the policy unless ano~er date is indicated below. Endorsement Effective: 08/26!2009 Named Insured: LEoNCITOs INC 3618440101 T-587 ' P.007/007 F-446 Caurrtersigned sy: SCHEDULE Name and Address of Additional insured: CITY OF CORPUS CHRISTI P 0 HQX 9277 CorAus Chsisti,TX 7$4fi9-9277 (Authorized Representati+re) (If no entry appears above, iniorrnatior- required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. WFw is An insured (Section ~) is amended to include as an insured" the person(s) or organiza~ lion(s) shown in the Schedule, but only vVltf't re- spect to their legal liabihly for ads ar omissions of a person for whom Liabii'dy Coverage is afforded under the policy. B. The add'itbnai insured named in the Schedule or Declarations is not required to pay for arty prem'r urns stated in the policy or earned from the policy. Any return premium and any dtvtdeertd, if applica- ble, declared by us shall be paid ~ you. C. You are auti~onzed to act far the additional insured named in the Sd~edule or Declarations in ail mat tars pertaining to this insurance. D. We will mail the add'~#ional insured named in the Schedule or ~ciarations notice of any cancella- lion of this policy. if we cancel, we wUl give 10 days notice to the add'ih'anal insured. & The additional insured named in the Schedule or Declarations will retain any right of recovery as a claiman# under this policy. CA f~ 43 06 04 ©ISO Properties, inc., 2003 Pam 4 of 4 ^ Sep-Z2-2009 OZ:49pm From-SWANTNER 8 GORDON INSURANCE 3618440101 T-591 P.002/002 F-46Z COMMERCIAL GENERAL LIABILITY CG 02 05 OX 96 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAR,Ei'ULLY TTXAS CHANGES - AMENDIVIE~IT OF CANC;ELLATYON PYtOVISIONS OR COVERAGE CHANGE endorsement modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART ~I LIQUOR LIABXI.IT'Y COVERAGE PART OWNERS AND CONTRA.C'X'ORS PROTECTIVE LIABII.ITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILiT7C COVERAGE PART RA.R,.ROA.D PROTECTIVE LTABII..IfY COVERAGE PART the event of cancellation or material change that reduces or restricts the insurance afforded by this average Part, we agree to rx-ail prior written notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineering Services Attn: Contract Adminisuatoar P. O. Box 9277 Corpus Christi, T~ 78469-9277 Number of days advance notice: THIRTY (30) arced Insured: Leonextos, Inc. icy Number: CMP5504I4700 Date of This J, 09/21/09 (Prirrted): R. M. Lee (Printed): lVlanaging Partner ATTACHMENT 3 (pI/g~ 1 OF 3 . Sep-22-2009 02:~8pm From-SWANTNER & GOROON INSURANCE 3618440101 T-591 _ P.001/ROZ F-462. TE 02 02A CANCELLATION PRQ'VTSION OR COVERAGE CHANGE ENDORSEMENT endorsement modifies inS,n-an~P provided under the following: BUSTI~ESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM endorsement changes the policy effective on the inception date of the policy unless another date is ated below: dorsemenc Effective Policy Number ~ /21/09 B 14800 ~ armed Insured / eoncitos, Inc. / Countersigned by / (Authorized Representative) d [RTY (30) days before this policy is canceled or zmaterially changed to reduce or restrict coverage will mail notice of the cancellation or change to: city of Carpus Christi Dept. Of Engineering Services ,A,xm: Contract Administrator P. O. Box 9277 Corpus Christi, T~ 78469-9277 axxae (Printed): R. M. Lee itle (Printed): Managing Partner TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile E~udorsement ' (Ed. Effective 3/92) ATTACHMENT 3 2QF3 From:Karen Silkwood FaxID: Page 2 of 2 Date:9222009 10:45 AM Page:2 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 Ol (ED. 7-85) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: ~ City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to prepazation of the policy.) Endorsement Effective: 49/21/09 Policy No. TSF0001161990 ~ Endorsement No. Insured Leoncitos, Inc. Insurance Company Texas Mutual Ins. Co. Premium $ Countersigned By: WC 420601 (Ed. 7-84) Name (Printed): R. M. Lee Title {Printed): Managing Partner ATTACHMENT 3 30F3