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HomeMy WebLinkAboutC2025-127 - 7/15/2025 - Approved CDBG SERVICE AGREEMENT NO. 6578 CDBG - Garcia Softball Fields Fence N 1852 THIS CDBG - Garcia Softball Fields Fence Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and April L. Trejo dba Alice Lawn Care ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide CDBG - Garcia Softball Fields Fence Services in response to Request for Bid/Proposal No. 6578 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall complete CDBG - Garcia Softball Fields Fence Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. The term of this Agreement is three months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for completion of performance, if necessary, provided, the parties do so in writing prior to the expiration of the original term. 3. Compensation and Payment. This Agreement is for an amount not to exceed $129,474.50, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable Service Agreement- Garcia Softball Fields Fencing (CDBG) Page 1 of 8 SCANNED P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Community Development Block Grant Funding. Contractor understands that this Agreement is funded with Community Development Block Grant (CDBG) funds and agrees to comply with the federal requirements, as shown in Attachment C. Contractor further agrees to the following provisions: (A) Contractor shall submit a construction schedule at least 10 days before starting construction. (B) The Contractor shall keep full and detailed accounts of materials, labor, and equipment utilized for the Services. Subject to prior written notice, the City shall be afforded reasonable access during normal business hours to all of the Contractor's records related to the Services. The Contractor shall preserve all such documents for a period of three years following final payment. (C) Contractor and its subcontractors are required to comply with Davis-Bacon wage rates ("Davis-Bacon Wage Rates") and must submit weekly certified payrolls using the form shown in Attachment Cl. (D) Contractor shall install a CDBG project sign at the job site in a visible location and include all required documents that must be displayed and/or described, as detailed in Attachment C2. (E) Contractor must use its best efforts to afford minority-owned business enterprises and women-owned business enterprises (51% or more owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of these Services for this project. 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Liza Nino-Elizalde Parks & Recreation Dept. Phone: 361-826-3026 Email: lizan@cctexas.com 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' Service Agreement- Garcia Softball Fields Fencing (CDBG) Page 2 of 8 advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment D, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond and/or performance bond is/are required of the Contractor to be provided to the City under this Agreement before performance can commence, Contractor shall use the bond forms included in Attachment D. (C) In lieu of the Contractor not having workers' compensation coverage for himself/herself as an individual person performing the Services for the City, the Contractor agrees to execute the "Release of Liability and Covenant Not to Sue" document, a copy of which is attached to this Agreement as Attachment D-1 and the contents of which, as a completed instrument, are incorporated by reference into this Agreement as if fully set out here in its entirety. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment E by the manufacturer, for the period stated in Attachment E. Attachment E is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services shall be performed in accordance with the standard of care used by similarly situated contractors performing similar services. Service Agreement-Garcia Softball Fields Fencing (CDBG) Page 3 of 8 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the work required by this Agreement as an independent contractor and furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may not utilize the work or services of subcontractors in the performance of this Agreement. 13. Amendments. This Agreement may be amended or modified only in writing, dated, and executed by an authorized representative of each party. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Nino-Elizalde, Contracts/Funds Administrator Parks & Recreation Dept. 400 Mann St., Suite 200, Corpus Christi, TX 78401 Phone: 361-826-3026 Service Agreement-Garcia Softball Fields Fencing (CDBG) Page 4 of 8 Fax: N/A IF TO CONTRACTOR: April L. Trejo dba Alice Lawn Care 283 County Rd 233, Orange Grove, TX 78372 Phone: 361-227-1660 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR WHICH RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. Service Agreement-Garcia Softball Fields Fencing (CDBG) Page 5 of 8 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions, if available, for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such purchased products or equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. Each party's maximum liability under this Agreement is limited to the total amount of compensation shown in Section 3 of this Agreement. In no event shall either party be liable for incidental, consequential, or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. CDBG Federal Requirements; B. this Agreement (excluding attachments and exhibits); C. its attachments, in order of appearance; D. the bid solicitation document including any addenda (Exhibit 1 ); then, E. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271 , Texas Government Code, Service Agreement- Garcia Softball Fields Fencing (CDBG) Page 6 of 8 Contractor verifies that Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this agreement, and the Contractor agrees that the agreement can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Remainder of page left blank] Service Agreement- Garcia Softball Fields Fencing (CDBG) Page 7 of 8 CONTRACTOR Signature: 414 Printed Name: Pci1 1tJO Title: 0(1 Vn Date: I ilL212.626- CITY OF CORPUS CHRISTI J I 7/I6 /Z5 '� TTEST, n Sergio i lasana Date AEBECCA HUERTA Director, Finance & Procurement CITY SECRETARY Appr ved s to legal f rm: M C ,I' ')Q r�S-oc l�L -AUTHORIZED Assist City Attorney Da a BY COUNCIL 1 I5 a6 SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Community Development Block Grant Federal Requirements Attachment D: Insurance and Bond Requirements Attachment D-1 : Release of Liability and Covenant Not To Sue Attachment E: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 6578 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-Garcia Softball Fields Fencing (CDBG) Page 8 of 8 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Parks & Recreation Department is seeking the demolition of existing fencing and installation of 6' tall chain-link fences for four softball fields at Garcia Park. The Contractor shall provide all materials, labor, supervision to complete the scope of work as described below. 1.2 Scope of Work 1 . The Contractor shall provide demolition of existing fencing and installation of 6' tall chain-link fences for four softball fields pictured in Exhibit 1 . 2. The Contractor shall determine linear foot needed. A job walk will be required prior to work commencing. 3. All fencing materials must be galvanized chain link. Line posts 8' apart. Specifications/Materials: SS40 posts and back mowing gates at each softball field are 12' wide, 9 Gauge knuckle/knuckle material for fence fabric, corner terminals 4" SS40. Gate frame and top rail is 1-5/8" SS40, line posts 2-3/8" SS40. 3' depth, 12" diameter for concrete, concrete 6" below finish grade. 4. A total of three walk gates must be installed at each softball field, at the currently existing locations. 5. Existing backstops and dugouts will remain in place and require no work. 6. The Contractor shall properly dispose of trash and debris at the end of each workday. 1.3 Work Site Locations The work is to be performed at Garcia Softball Fields, 4409 Greenwood Drive, Corpus Christi, Texas 78416. Locations shown on maps in Exhibit 1 . 1.4 Contractor Quality Control and Superintendence The Contractor shall ensure that the product and services meet quality standards and are acceptable to the City's Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. Page 1 of 3 1.5 Warranty The work and materials provided must be warrantied for one year after installation of each gate. 1.6 Federally Funded Contract This work is federally funded by the Community Development Block Grant (CDBG) Program. The CDBG program requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the CDBG program are included in these contract documents. CDBG requirements will govern in the event any conflict exists between the CDBG requirements and any other provisions of the Contract Documents. Page 2 of 3 Exhibit 1 r r, (s:}„'O:id 1.i;,..-i v `Park 4..• 15 *10 . . i '' :iiiii. CI Arr A A , go X Yellow Lines = Walk Gates, 12' Double Gates Red Lines = Mowing Gates, 12' Double Gates Page 3 of 3 ATTACHMENT B: BID/PRICING SCHEDULE 4,CP14:7; CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT BID FORM � :82 RFB No. 6578 CDBG - Garcia Softball Fields Fence PAGE 1 OF 1 Date: ,mine 17 202.9 Authorized Bidder: April [. Trejn- Signature: 140.-A----7-17.11/47 DBA Alice Lawn CAre 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Qty* Unit Unit Price Total Price 1 1 Fencing Project Field 1 1 EA $31 ,568.75 $31 ,568.75 2 Fencing Project Field 2 1 EA $31 ,568.75 $31 ,568.75 3 Fencing Project Field 3 1 EA $31 ,568.75 $31 ,568.75 4 Fencing Project Field 4 1 EA $31 ,568.75 $31 ,568.75 5 Walk Through Gates 3 EA $1 ,066.50 $3,199.50 Total $129,474.50 *City may decide to decrease quantities due to funding ATTACHMENT C CDBG FEDERAL REQUIREMENTS This project is being funded in whole or in part by the Community Development Block Grant Program (CDBG). All federal CDBG requirements will apply to the contract. Contractor and subcontractors are required to comply with the President's Executive Order No. 11246 & Order No. 11375 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Contractor and subcontractors must comply with Title VI if the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act, the Contract Work Hours and Safety Standards Act, 29 CFR 5.5, and 40 CFR 33.240. The contractor must also make positive efforts to use small and minority-owned businesses and to offer employment, training and contracting opportunities in accordance with Section 3 of the Housing and Urban Development Act of 1968. Section No. Title FR-1 Byrd Anti-Lobbying Amendment FR-2 Clean Air Act and the Federal Water Pollution Control Act FR-3 Contract Work hours and Safety Standards Act FR-4 Copeland "Anti-Kickback" Act FR-5 Debarment and Suspension FR-6 Equal Employment Opportunity FR-7 Program Fraud and False or Fraudulent Statements or Related Acts FR-8 Section 3 Compliance FR-9 Davis-Bacon Wages Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-1 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-2 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the U.S. Department of Housing and Urban Development, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the U.S. Department of Housing and Urban Development, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$33 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. Special Conditions for CDBG Rev 6/2025 E. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part. Reference: 29 CFR § 5.5(b) Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-4 COPELAND "ANTI-KICKBACK" ACT A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. B. Subcontracts. The contractor or subcontractors shall insert in any subcontracts the clause above and such other clauses as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Reference: 29 CFR part 3 Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-5 DEBARMENT AND SUSPENSION A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. C. This certification is a material representation of fact relied upon by City of Corpus Christi. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of Corpus Christi, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-6 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitation or advertisements for employees place by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. C. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of labor, or pursuant thereto, and will permit access to its books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and order. F. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, Special Conditions for CDBG Rev 6/2025 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. G. The contractor will include all portions of this section in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 2014 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. H. Contractor will comply with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. Reference: 41 CFR part 60-1.4(b) Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-7 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 Special Conditions for CDBG Rev 6/2025 FEDERAL REQUIREMENTS: FR-8 SECTION 3 COMPLIANCE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Special Conditions for CDBG Rev 6/2025 G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Certification Forms: Business Concern Self-Certification Worker Self-Certification Targeted Worker Self-Certification Special Conditions for CDBG Rev 6/2025 Section 3 Business Concern Certification for Contracting Instructions: Enter the following information and select the criteria that applies to certify your business' Section 3 Business Concern status. Name of Business: Address of Business: Name of Business Owner: Section 3 Business Concern means a business concern as defined in 24 CFR 75.5, as may be amended from time to time, and means a business concern meeting at least one of the following criteria, as documented within the last six-month period through self-certification or other means acceptable HUD: ❑It is at least 51 percent owned and controlled by low- or very low-income persons; or ❑Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 Workers; or ❑ It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8- assisted housing. Is your business owned (51% or more) by individuals whose household incomes are BELOW 80% of Area Median Income (AMI)? See chart below. I affirm that the above statements are true and accurate to the best of my knowledge. I understand that businesses misrepresenting themselves as Section 3 concerns may face contract termination and be barred from future opportunities. Under penalty of law, I certify that the following information is correct. Print Name: Signature: Date: *Certification expires within six months of the date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5 Section 3 Worker Certification Form ELIGIBILITY FOR PREFERENCE A Section 3 Worker seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested,that the person is a Section 3 Worker, as defined in Section 135.5. I , (Print Name) am a resident of (City, County, State) and qualify as a Section 3 Resident because I am a public housing resident OR because my household income does not exceed the income guidelines by family size as published at the bottom of this form*. Name: Telephone: Address: (will be verified) FY 2024—HOUSEHOLD INCOME GUIDELINES Place a Check on the line Family Size Low Income * that is applicable ❑ 1Per 50%AMI $27,650 ❑ 1 Per 80%AMI $44,250 * Circle the appropriate column based on household size and income—income limits are attached and/or can be requested from Alvin Witcher at AlvinW(a cctexas.com. I hereby certify that the information provided by me to be true and correct and understand any falsification of any of the information could subject me to disqualification from participation and punishment under the law. Signature Date Print Name Section 3 Targeted Worker Certification Form ELIGIBILITY FOR PREFERENCE A Section 3 Targeted Worker seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested,that the person is a Section 3 Targeted Worker, as defined per 24 CFR 270. I , (Print Name) am a resident of (City, County, State) and qualify as a Section 3 Resident because I am a public housing resident OR because my household income does not exceed the income guidelines by family size as published at the bottom of this form*. Name: Telephone: Address: (will be verified) FY 2024—INCOME GUIDELINES Place a Check on the line Size Very Low& that is applicable Low Income * ❑ 1 per 50%AMI $27,650 El 1 per 80%AMI $44,250 * Circle the appropriate column based on individual income—income limits are attached and/or can be requested from Alvin Witcher at AlvinW@cctexas.com. I hereby certify that the information provided by me to be true and correct and understand any falsification of any of the information could subject me to disqualification from participation and punishment under the law. Signature Date Print Name FEDERAL REQUIREMENTS: FR-9 DAVIS-BACON WAGE RATES A. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week at rates not less than those contained in the wage determination of the Secretary of Labor, which is attached. B. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. C. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). D. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein. Reference: 40 U.S.C. 276a Special Conditions for CDBG Rev 6/2025 DAVIS-BACON WAGE RATES "General Decision Number: TX20250288 03/14/2025 Superseded General Decision Number: TX20240288 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 03/14/2025 * BOIL0074-003 01/01/2025 Rates Fringes BOILERMAKER $ 33.17 24.92 ELECO278-002 08/25/2024 Rates Fringes ELECTRICIAN $ 30.80 8.97 ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 32.35 13.10 IRON0084-011 06/01/2024 Rates Fringes IRONWORKER, ORNAMENTAL $ 28.26 8.13 * SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 ** 0.00 CEMENT MASON/CONCRETE FINISHER $ 15.33 ** 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 ** 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 ** 0.00 LABORER: Mason Tender - Brick $ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 ** 0.00 LABORER: Pipelayer $ 12.49 ** 2.13 LABORER: Roof Tearoff $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 ** 0.00 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 ** 0.34 OPERATOR: Forklift $ 14.83 ** 0.00 OPERATOR: Grader/Blade $ 13.37 ** 0.00 OPERATOR: Loader $ 13.55 ** 0.94 OPERATOR: Mechanic $ 17.52 ** 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 ** 0.00 OPERATOR: Roller $ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 ** 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 ** 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 TILE FINISHER $ 11.22 ** 0.00 TILE SETTER $ 14.74 ** 0.00 TRUCK DRIVER: Dump Truck $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck $ 12.50 ** 0.00 TRUCK DRIVER: Water Truck $ 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" Attachment C- 1 U.S. Department of Labor PAYROLL iIi1© Wage and(-lour Division (For Contractor's Optional Use;Sec Instructions at www.dot.govfwhdiformslwh347instr.htm) Cs.\1L1,•,and Hour INA-.ion Persons are nor reoured to rasp nd to eae ciwectan of nmtannu;;crr unless,r mapuys a cur,'O'Y`,nand OMB c wrc;nurnner Rev.Dec.2008 FOWL OF CONTRAC TOR LII OR afeooerrRACTOR❑ ADORE 55 OMB No:1235-0008 Expires: 02/2812018 PAYROLL NO FOR WEEK ENO1NG PPr•.1-,'^.^.'47A'Ir'•; PROJECT OR CONTRACT NO Ili (2) i3;. 4!DAY AND DATE 16) 161 i7t 191 IL g R K DEDUCTIONS NAME AND INOMDUAL IDENTIFYING NUMBER r.441AT ot� - AMOUNTGROSS WR WAGES )e g.LAST FOUR DIGRTS OF SOCIAL SECURITY # WORK TOTAL RATE AMOUNTHOLDING TOTAL PAID NUABERI OF WORKER iKw CLASSIFICATION ,.OURS WORKED EACH DAY HOURS OF PAY EARRNNEDD// FICA TAX OTHER DEDUCTIONS FOR WEEK / ///:../ s / u / /I' While completion d Earn Mt 3.7 is octant.It is mandatory for covered contractors and subcamad en peaoenr work on Fide ady Foamed a/saanded canntrudim cadets N respond n the irdormalnn collector weaned in 29 C.F.R§§3.3.5 Nay The Copeland Ad lee U.S.C.y 3146)contractors and sulacentracdrs performing work on Federally Fnaneed er aaseled cmeau[am contracts to Lmah weeny a stalernent anti leaped In lie wagef pad each employee Aaag the preceding week.•U S.Department of Labor(DOL)regulate["at 29 C F.R.§5 S(4I(3 ni)regale contractors le suentit weeldy a copy of el payrolls l0 the Fetch agency Wnhadng Ice or rnanceg the mMbncton pro nvt vnpaiied by a signed'Statement of Carplence'.doing h al the payrode are correct and complete and that each laborer or inch nd ran been pad eel lean than are prope Dever Bacon attains;wage rale for fie wort performed DOL and!edeei contracting agencies recereng this tnfirmaicn renew the nformaeon to determine trot employees have ri._:ed tegey regtaed wages and huge benefits Potato tc Burden Statement We esemat that is eel take an avenge of 56 menden In ralipkle des mkdtn,including bee Mr reverting nslruloeee seeding evsang dale%castes gain dg ad meedsring the data needed.and mnpkerg aid revewng the coneolon ci adennann If you nave any mamvtn regeedng these enemas or any aloe aspect of Vie cdkraon.+laudi g suggesmm for terkndng this harden.send nee n the Meseta alor.Wage and Hoar Division.U.S.Oapannena of Labor Roam S3502 200 Cantinann Avenue.N.W Washington.D.C.20210 icon) Date (b)WHERE FRINGE BENEFITS ARE PAID IN CASH l ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid. (Name of Signatory Party) (Tide) as indicated on the payroll.an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as Lsted n the contract.except as noted in section 4(c)below. (1)That I pay or supervise the payment of the persons employed by (c)EXCEPTIONS on the (Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION ;that during the payroll period commencing on the (Building or Work) day of and ending the day of all persons employed on said project have been paid the full weekly wages earned. that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages warred by any person,other than permissible deductions as defined in Regulations.Part 3(29 C F.R Subtitle A).Issued by the Secretary of Labor under the Copeland Act.as amended(48 Stat.948. 63 Stat.108,72 Stat.967,76 Stat.357:40 U.S.C.§3145).and described below. REMARKS (2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete.that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated Into the contract;that the classlfIcations set forth therein for each laborer or mechanic conform with the work he performed. (3)That any apprentices employed in the above period are duly registered in a bona tide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a State are registered with the Bureau of Apprenticeship and Training.United States Department of Labor. (4)That. (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS.FUNDS.OR PROGRAMS NAME AND TITLE SIGNATURE - in addition to the basic hourly wage rates paid to each laborer or mecfraruc listed in the above referenced payroll.payments of fringe benefits as listed in the contract TIE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CNIL OR CRIMINAL PROSECUTION.SEE SECTION 1e01 OF TITLE(BAND SECTION 231 of TITLE r OF THE UNITED STATES CODE. except as noted n section 4(c)below. Attachment C-2 FIELD REQUIREMENTS: CDBG Project Sign & Documents to be Posted All posting, documents must be placed in a visible location at the job site on a notice board ;lcccssihle to worker's view! Davis-Bacon Poster: WH Publication 1321 Davis-Bacon Prevailing Wage Rates: Displays the Federal Wage Rates that apply to each individual type of project. Department of Labor's Job Safety and Health Protection Poster: The Occupational Safety and Health(OSH)Act was enacted to "assure safe and healthful working conditions for working men and women." Workers Compensation Information: Contact information for workers' compensation in Texas. EEOC/Executive Order 112461: Sets forth the anti-discrimination policy of this project. Parts II & III are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: Must be submitted by the prime contractor and all sub-contractors who have sub-contracts of$10,000.00 or more on the project. CDBG PROJECT SIGN 8' • Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Background 4 1 Community Development Block Grant (CDBG) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) Contractor: Architect or Engineer: Blue Address: Address: Background Phone Number: Phone Number: Locate sign where it is most visible to the public. Fix sign is made from 4 feet x 8 feet sheet of plywood. Sign should be posted at a minimum of than 3' 6" high from ground SIGN DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT MAY USE PORTABLE SIGNS (Changes on size to be approved by PCDD) Color and Information to be the same • • • • ORKING ON FEDERAL OR FEDERALLY ASSISTED oNsTRucTioN pRo JECT lw requires employers to display this poster where workers can readily AILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision K ES with this notice for the work you perform. !TIME You must be paid not less than one and one-half times your basic rate of pay for all hour worked over 40 in a work week. There are few exceptions. 1RCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon c clauses allow contract termination and debarment of contractors from future federal cor for three years. A contractor who falsifies certified payroll records or induces wage kickk may be subject to civil or criminal prosecution, fines and/or imprisonment. !ENTICES Apprentice rates apply only to apprentices properly registered under approved federal o apprenticeship programs. LIATION The law prohibits discharging or otherwise retaliating against workers for filing a compla cooperating in an investigation, or testifying in a proceeding under the Davis-Bacon and Acts. ER PAY If you do not receive proper pay, or require further information on the applicable wages, the Contracting Officer listed below: i 1 1 E TIRABAJAN EN PROYECT CONSTRUCCloN FEDERA ON ASISTENCIA FEDERA xige que los empleadores coloquen este cartel en un lugar donde los trabajadores puedan verlo faci IIOS No se le puede pagar menos de Ia tasa de pago indicada en la Decision de ►LECIENTES Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempena. ETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa basica de pago pi todas las horas trabajadas en exceso de 40 en una semana laboral. Existen K excepciones. LIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reci salarios y el pago de sobretiempo debidos, y se podria aplicar danos y perjui si no se cumple con las exigencias del pago de sobretiempo. Las clausulas contractuales Davis-Bacon permiten Ia rescision del contrato y la exclusion c contratistas de futuros contratos federales durante tres arias. El contratista q falsifique los registros certificados de las nominas de pago o induzca devoluc de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento. JDICES Las tasas de aprendices solo se aplican a aprendices correctamente inscrito; programas federales o estatales aprobados. ESALIAS La ley prohibe despedir o tomar represalias contra los trabajadores por pres€ una queja, cooperar en una investigacion o testificar en un procedimiento ba. Ley Davis-Bacon y Leyes Relacionadas. APROPIADO Si no recibe el pago apropiado, o precisa de informacion adicional sobre los aplicables, pongase en contacto con el Contratista Oficial que aparece abajo All workers have the right to: Employers must: • A safe workplace. • Provide employees a workplace free from • Raise a safety or health concern with recognized hazards. It is illegal to retaliate your employer or OSHA, or report a work- against an employee for using any of their related injury or illness, without being rights under the law, including raising a retaliated against. health and safety concern with you or with OSHA, or reporting a work-related • Receive information and training on injury or illness. job hazards, including all hazardous substances in your workplace. • Comply with all applicable OSHA standards. • Request a confidential OSHA inspection • Notify OSHA within 8 hours of a of your workplace if you believe there are workplace fatality or within 24 hours of unsafe or unhealthy conditions. You have any work-related inpatient hospitalization, the right to have a representative contact amputation, or loss of an eye. OSHA on your behalf. • Provide required training to all workers • Participate (or have your representative in a language and vocabulary they can participate) in an OSHA inspection and understand. speak in private to the inspector. • Prominently display this poster in the • File a complaint with OSHA within workplace. 30 days (by phone, online or by mail) • Post OSHA citations at or near the if you have been retaliated against for place of the alleged violations. using your rights. • See any OSHA citations issued to On-Site Consultation services are your employer. available to small and medium-sized employers, without citation or penalty, • Request copies of your medical through OSHA-supported consultation records, tests that measure hazards programs in every state. in the workplace, and the workplace injury and illness log. This poster is available free from OSHA. AIL Contact OSHA. We can help. �. • �f4, J1/ • e trabajo seguro. Proveer a los trabajadores un lugar a su empleador o la OSHA sobre libre de peligros reconocidos. Es ileg6 iones de seguridad o salud, o contra un empleado quien ha ejercic �a lesion o enfermedad en el trabajo, derechos bajo la ley, incluyendo hab Dpresalias. preocupaciones de seguridad o salu )rmacion y entrenamiento sobre o con la OSHA, o por reportar una IE s del trabajo, incluyendo sustancias enfermedad relacionada con el traN su sitio de trabajo. Cumplir con todos las normas aplicE nspeccion confidencial de OSHA de la OSHA. r de trabajo si usted cree que hay Notificar a la OSHA dentro de 8 hoi s inseguras o insalubres. Usted una fatalidad laboral o dentro de 24 recho a que un representante se de cualquier hospitalizacion, amput con OSHA en su nombre. perdida de ojo relacionado con el tr o su representante puede participar) Proporcionar el entrenamiento regL ccion de OSHA y hablar en privado a todos los trabajadores en un idior ►ector. vocabulario que pueden entender. una queja con la OSHA dentro Mostrar claramente este cartel en e (por telefono, por internet, o por de trabajo. asted ha sufrido represalias por Mostrar las citaciones de la OSHA derechos. lugar de la violaciOn alegada. ieras citaciones de la OSHA emitidas Servicios de consulta en el lugar de ti )ador. estan disponibles para empleadores c is de sus registros medicos, pequeno y mediano sin citacion o mu ae miden los peligros en el trabajo, de los programas de consulta apoyad de lesiones y enfermedades por la OSHA en cada estado. as con el trabajo. disponible de la OSHA para gratis. i NOTICE TO EMPLOYEES CONCERNING WORKERS' COMPENSATION IN TEXAS COVERAGE: Effective on [effective date of certificate] [name of employer] has been certified by the Texas Department of Insurance, Division of Workers' Compensation (Division) as a self-insured employer providing workers' compensation insurance in the event of work-related injury or occupational disease. Claims for injuries or occupational diseases which occur on or after that date will be handled by [name of third party administrator] . An employee or a person acting on the employee's behalf, must notify the employer of an injury or occupational disease not later than the 30th day after the date on which the injury occurs or the date the employee knew or should have known of an occupational disease, unless the Division determines that good cause existed for failure to provide timely notice. Your employer is required to provide you with coverage information, in writing, when you are hired or whenever the employer becomes, or ceases to be, covered by workers' compensation insurance. EMPLOYEE ASSISTANCE: The Division provides free information about how to file a workers' compensation claim. Division staff will answer any questions you may have about workers' compensation and process any requests for dispute resolution of a claim. You can obtain this assistance by contacting your local Division field office or by calling 1 -800-252-7031 . The Office of Injured Employee Counsel (OIEC) also provides free assistance to injured employees and will explain your rights and responsibilities under the Workers' Compensation Act. You can obtain OIEC's assistance by contacting an OIEC customer service representative in your local Division field office or by calling 1 -866-EZE-OIEC (1 -866-393-6432). SAFETY VIOLATIONS HOTLINE: The Division has a 24 hour toll-free telephone number for reporting unsafe conditions in the workplace that may violate occupational health and safety laws. Employers are prohibited by law from suspending, terminating, or discriminating against any employee because he or she in good faith reports an alleged occupational health or safety violation. Contact the Division at 1 -800-452-9595. Notice 7 101/13 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS COMPENSATION Rule 110.101(e)(2) employer] ha sido certificado por el Departamento de Seguros de Texas, Division de Compensacion para Trabajadores (Texas Department of Insurance, Division of Workers' Compensation — TDI-DWC, por su nombre y siglas en ingles) (Division) como empleador auto asegurado (self-insured employer, por su nombre en ingles), para proporcionar un seguro de compensacion para trabajadores para protegerle en caso de una lesion o enfermedad ocupacional relacionada con el trabajo. Las reclamaciones por lesiones o enfermedades ocupacionales que ocurran en o despues de esta fecha seran manejadas por [name of third party administrator] . Un empleado o una persona que actue en nombre del empleado, debe notificar al empleador sobre una lesion o una enfermedad ocupacional a no mas tardar de treinta (30) dias, a partir de la fecha en que ocurrio la lesion o en Ia fecha en Ia que el empleado se entero o deberia de haberse enterado de la enfermedad ocupacional, al menos que la Division determine que existio una buena causa para que no se haya notificado al empleador dentro del tiempo senalado. Su empleador tiene Ia obligacion de proporcionarle a usted informacion por escrito sobre la cobertura cuando usted es contratado a cuando su empleador adquiere o deja de tener una cobertura de seguro de compensacion para trabajadores. ASISTENCIA AL EMPLEADO: La Division proporciona informacion gratuita sobre como presentar una reclamacion de compensacion para trabajadores. El personal de la Division contestara cualquier pregunta que usted pueda tener sobre la compensacion para trabajadores y procesara cualquier solicitud de resolucion de disputas relacionada con una reclamacion. Usted puede obtener este tipo de asistencia comunicandose con su oficina local de Ia Division o Ilamando al telefono 1 -800-252-7031 . La Oficina de Asesoria Publica para el Empleado Lesionado (Office of Injured Employee Counsel — OIEC, por su nombre y siglas en ingles) tambien ofrece asistencia gratuita a los empleados lesionados y ellos le explicaran cuales son sus derechos y responsabilidades bajo la Ley de Compensacion para Trabajadores. Usted puede obtener Ia asistencia de OIEC comunicandose con un representante de servicio al cliente de OIEC en su oficina local de Ia Division o Ilamando al 1 -866-EZE-OIEC (1 -866-393-6432). LINEA DIRECTA PARA REPORTAR VIOLACIONES DE SEGURIDAD: La Division cuenta con una linea gratuita telefonica que esta en servicio las 24 horas del dia para reportar condiciones inseguras en el area de trabajo que podrian violar las leyes ocupacionales de salud OY - '. ��z� Know Your Rights : .,,_.r °y Workplace Discrimination is Illegal ., 4,, %/T v GOtft The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you've been discriminated against at work or in applying for a job,the EEOC may be able to help. Who is Protected? What Organizations are Covered? • Employees(current and • Union members and • Most private employers • Educational institutions former), including managers applicants for membership • State and local governments (as employers) and temporary employees in a union (as employers) • Unions •Job applicants • Staffing agencies What Types of Employment Discrimination What Employment Practices can be Challenged are Illegal? as Discriminatory? Under the EEOC's laws,an employer may not discriminate against All aspects of employment,including: you,regardless of your immigration status,on the bases of: • Discharge,firing,or lay-off •Obtaining or disclosing • Race disclosure of genetic tests, • Harassment(including genetic information of •Color genetic services,or family unwelcome verbal or employees medical history) conduct) •Requesting or disclosingmedical • Religion physical q g • National origin • Retaliation for filing a • Hiring or promotion information of employees charge, reasonably • Assignment •Conduct that might reasonably •Sex(including pregnancy, opposing • discrimination, discourage someone from childbirth,and related medical or participating in a • Pay(unequal wages or opposing discrimination,filing conditions,sexual orientation, discrimination lawsuit compensation) a charge,or participating in an or gender identity) investigation,or proceeding • Failure to provide investigation or proceeding •Age(40 and older) reasonable accommodation • Interference,coercion,or •Conduct that coerces, pregn ancy, • Disability threats related to exercising for a disability;pg y, intimidates,threatens,or rights regarding disabilitychildbirth,or related medical• interferes with someone Genetic information 8 8 g condition;or a sincerely-held (including employer requests discrimination or pregnancy exercising their rights,or for,or purchase,use,or accommodation religious belief,observance someone assisting or or practice encouraging someone else • Benefits to exercise rights,regarding •Job training disability discrimination • Classification (including accommodation) • Referral or pregnancy accommodation What can You Do if You Believe Discrimination has Occurred? Contact the EEOC promptly if you suspect discrimination. Do not delay,because there are strict time limits for filing a charge of discrimination(180 or 300 days,depending on where you live/work).You can reach the EEOC in any of the following ways: Submit an inquiry through the EEOC's public portal: Visit an EEOC field office(information at https://publicpor tal.eeoc.gov/PortallLogin.aspx www.eeoc.gov/field-office) Call 1-800-669-4000(toll free) E-Mail infoPeeoc.gov 1-800-669-6820(TTY) ❑ •t❑ tiie.•. 1-844-234-5122(ASL video phone) Additional information about the EEOC, ',,,wy'- including information about filing a charge of ..,S'-s;: discrimination, is available at www.eeoc.gov. ;t - 0pa. EM pi. O j. ' �� a y�SA Conozca sus Derechos: zr 4o�r i! ,�2 La Discriminacion en el Lugar de Trabajo es (legal %try CO. ' La Comision Para Ia Igualdad de Oportunidades en el Empleo (EEOC, por sus siglas en ingles) de los EE. UU. hace cumplir las leyes federales que to protegen contra la discriminacion en el empleo. Si cree que ha sido discriminado(a) en el trabajo o al solicitar un trabajo, Ia EEOC puede ayudarle. ZQuien esta Protegido? ZQue Organizaciones estan Cubiertas? • Empleados(actuales y anteri- • Miembros de sindicatos y • La mayoria de los • Instituciones educativas ores),incluyendo gerentes y Solicitantes de membresia empleadores privados (como empleadores) empleados temporales en un sindicato •Gobiernos estatales y locales • Sindicatos •Aplicantes de trabajo (como empleadores) •Agencias de empleo ZQue Tipos de Discriminacion Laboral son ZQue Practicas Laborales Pueden ser Ilegales? Discriminatorias? Segun las leyes de la EEOC,un empleador no puede Todos los aspectos del empleo,incluyendo: discriminarlo,independientemente de su estatus migratorio, • Despidos •Obtencion o divulgaciOn de por motivos de: •Acoso(incluyendo conducta informaciOn genetica de los • Raza •Tomar represalias por presen- fisica o verbal no deseada) empleados • Color tar un cargo,oponerse razon- • ContrataciOn o promotion •Solicitud o divulgaciOn de • Religion ablemente a Ia discriminaciOn •Asignaciones informaciOn medica de los o participar en una demanda, empleados • Origen national investigation o procedimiento • RemuneraciOn(salarios •Conducta que podria desalen- • Sexo(incluyendo embarazo, por discriminaciOn desiguales o compensation) tar razonablemente a alguien parto,y condiciones medicas • Interferencia,coercion o Falta de proporcionar adapts de oponerse a Ia discrimi- relacionadas,orientaci6n sex amenazas relacionadas con clones razonables para una nation,presentar un cargo o ual o identidad de gnero) el ejercicio de los derechos discapacidad;embarazo, participar en una investigation • Edad(40 anos o mas) relacionados con Ia discrimi- parto o condition medica o procedimiento • Discapacidad nation por discapacidad o la relacionada al embarazo o •Conducta que coaccione,intim acomodacion por embarazo parto;o para Ia observancia ide amenace o interfiera con • Information genetics o practica de una creencia ' (incluyendo solicitudes del religiose sincere el ejercicio de sus derechos por empleador para Ia compra, parte de alguien,o alguien que el use o Ia divulgaciOn de • Beneficios ayude o aliente a otra persona pruebas geneticas,servicios • Formation profesional a ejercer sus derechos,en rel- geneticos o historial medico • ClasificaciOn aciOn con Ia discriminacion por familiar) • Referencias discapacidad(incluyendo las adaptaciones)o adaptaciones por embarazo ZQue Puede Hacer si Cree que ha Ocurrido Discriminacion? Comuniquese con la EEOC de inmediato si sospecha discriminaciOn. No demore,porque existen Iimites de tiempo estrictos para presentar una denuncia por discriminaciOn(180 o 300 dias,segun el lugar donde viva o trabaje). Puede comunicarse con Ia EEOC de cualquiera de las siguientes maneras: Presenter una consulta a traves del Portal Publico de Ia EEOC: Visite una Oficina de Campo de Ia EEOC(information en https://publicportaLeeoc.gov/Portal/Login.aspx www.eeoc.gov/field-office) Llame 1-800-669-4000(numero gratuito) Corre Electronico: info(a)eeoc.gov (j `, ,_ 0 1-800-669-6820(TTY) Information adicional sobre Ia EEOC,incluyendo ;Ltd 1-844-234-5122 (Video Telefono de ASL) information sobre como presentar un cargo de • .. . discriminaciOn,esta disponible en www.eeoc.gov/es. Q ti - 0... AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing &Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified All Equal Opportunity posters will be displayed as required has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment#2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry,as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTI LIZING LOWER INCOME RESIDENTS,MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees,apprentices and workers(if qualified)to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments#2 and#3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION,DEMOTION,PAY RATES,LAYOFFS,ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color,religion,sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Attachment D: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2025 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 03/07/2025 Risk Management - Legal Dept. There are no bond requirements. Page 3 of 3 ATTACHMENT D-1 RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS § COUNTY OF NUECES § This release of liability and covenant not to sue ("Release") is executed on the date indicated below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by April L. Trejo ("Contractor"), an individual, in providing services to and for the City, which is the subject of the attached contractual agreement ("Agreement") between the City and April L. Trejo. This Release serves to relinquish and forever waive certain legal rights to which Contractor may be entitled by law or in equity. As such, Contractor is encouraged to consult with an attorney of his/her own choosing and at Contractor's sole expense prior to signing this document; however, Contractor may voluntarily choose to sign this Release without obtaining such consultation. I, April L. Trejo/Contractor, in exchange for the City allowing me to forego the condition of providing workers' compensation insurance coverage (which includes covering myself or obtaining a separate health policy covering myself) as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1 . I acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no workers' compensation benefits, health benefits, disability benefits, nor other insurance benefits of any kind which might be available to full-time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement; 2. I acknowledge and understand that there may be risks involved in participating in the Agreement, I voluntarily and knowingly assume any and all such risks, and I shall rely solely on myself and not the City in determining what those risks are and the extent of and exposure to the risks involved. I understand and agree that I am participating in this Agreement at my own risk, and I hereby release, waive, and in all ways relinquish any and all present and future claim(s) against the City that I, my heirs, successors, permitted assigns, or any other person or entity (as used collectively here and hereinafter as "I") may assert, have, or acquire as a result of any bodily injury (including serious injury resulting in death), property damage, or loss of any kind whatsoever to myself or to my real or personal property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City; 3. I hereby release the City from all liability and waive and relinquish any and all such claims which may arise, and I further covenant not to file any lawsuits against nor join in Page 1 of 2 any lawsuits with others to sue the City for any such claim, injury, loss, damage, or expense from participating in the Agreement regardless of whether the same may arise, result from, or be caused by any negligence or gross negligence of the City; 4. I acknowledge that the services I provide pursuant to the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may, at times, be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City; • 5. I desire and agree that this Release shall apply to any and all activities during or in any way connected with my individual participation in the Agreement and my performance under such Agreement; 6. I agree that this Release shall be governed by and be enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where the Agreement is performed and my services are provided; 7. I acknowledge and fully understand that I am required by State law to provide workers' compensation coverage for any person(s) that I employ who participate in providing or performing any of the services under the Agreement and agree to so obtain the required workers' compensation coverage as mandated under this Agreement; and 8. I hereby acknowledge that I have been informed in writing that I may consult an attorney prior to signing this Release. I have carefully and thoroughly read the foregoing provisions of this Release of Liability and Covenant Not to Sue and, intending to be legally bound, voluntarily accept each of its terms and conditions and willingly agree to the covenants to which I am bound. EXECUTED this ) (f,) day of J o_b (J� , 2025. i. Vf Apri L. rejo STATE OF TEXAS § COUNTY OF NUECES § This i strument was acknowledged before me on j c.thl� f(l 2025, by April L. Trejo. Notary Public s ignature - - a e•°" LORI LANDIN '* --A"" *= My Notary ID#134817858 °•',F of ,;; Expires March 21,2028 '""" Page 2 of 2 ATTACHMENT E: WARRANTY REQUIREMENTS 1 year workmanship and 1 year material warranty Page 1 of 1