Loading...
HomeMy WebLinkAboutC2010-156 - 5/25/2010 - Approved'yi ~; 1 ~ ~~ r~ CITY 4F Cl3RPUS CHR1iSTI Neighborhood Services Department! Community Development 1]ivision Agreement for Weatherizativn Assistance Program {WAP} Construction Servicea --Energy Efficiency 5ecfian 1. Parties to Agreement This agreement ("Agreement"} is made and entered into by and between the City of Corpus Christi ("City"} and Accurate Assessment Services,llLC ("Contractor"}, a Texas limited liability company. The parties to this Agreement have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations and to the performances and accomplishment of the tasks described in this Agreement, All performances al~d obligations by the parties to this Agreement relate to the U. S. Department of Energy {"DpE"} and the State of Texas Weatherization Assistance Program {"WAP"}, as administered by the City. Section 2. Agreement Period The period for performance of this Agreement shall. commence May 25, 201U, and be in effect for a period of one year, unless sooner terminated under the provisions of this Agreement. This Agreement may be extended by the parties for additional periods, up to and including an additional year, contingent upon funding being available from and authorized by the Texas Department of Housing and Community Affairs ("TDHCA"), pursuant to the federal American Recovery and Reinvestment Act of 24U9 {"ARRA"). Section 3. Contractor's PerFvrmance {A} Contractor shall comply with the general conditions specified in Exhibit "A" and complete for each assigned housing unit the items identified in TDHCA's Priority List ("Priority List") are as set out in Exhibit "B," bath exhibits being attached to this Agreement and incorporated herein by reference as if fully set out in their entireties. The Priority List consists of items as defined in the program guidelines of the DaE and TDHCA, and strict adherence by the Contractor to the Priority List is required under this Agreement. {B} Contractor must also meet and maintain the following performance criteria: {l) At all times, Contractor shall have qualified personnel who are able to understand and follow the WAP and ARRA guidelines. {2} Contractor shall have a full and complete understanding of all applicable DDECI'DHCAIWAFlCITY program regulations, procedures and standards and must operate within es#ablished federal, State and local program requirements. 2010-155 M201Q-126 45125/10 Accurate Assessment Svcs. ~N~E~~ r ~ ~ ' Agreement for Weatherizativn Assistance Program (VVAP} {3} As per this Agreemen#, Contractor will only be reimbursed far D~ElTDHCA eligible materials as specified by the Priority List {Exhibit "S"]. (~4} Contractor shall not be reimbursed for dwelling unit expenses in excess of the established per case maximum materials and labor cost. {5] Prior to undertaking work, Contractor shall receive a written autharizativn from the City. Contractor shall not proceed with weatherization work vn any dwelling until authorized by a designated staff member. (~} Contractor shall, at all times, keep dwelling units and progress free from accumulations of waste materials and rubbish, and shall, at the completion of the work, remove all debris, tools, and surplus materials from and around the each dwelling unit and shall leave each dwelling unit in "broom clean" conditavn. {7] Contractor shall net permit any self help heating ar cooling work by clients under this Agreement. {8} Cvntrac#or shtall net delegate work under this Agreement to another entitylfirm without prior written approval of Conununity Development, a division of the City's Neighborhood Services Department. {9] Contractor shall obtain and pay necessary fees far all required permits and inspections and furnish a copy of all receipts tv Community Development. tl ~) Contractor shall provide detailed, program-required assessment documentation and detailed and itemized cost statements for each dwelling unit for work completed, {1 l) Contractor shall not enter into any side, collateral, yr ancillary agreements for additional work on any dwelling unit ar for the provision of any materials beyond those specified in the Priority List at any time prior to the rival inspection yr where notice to proceed has been provided and where labor is to be performed or materials are to be supplied yr installed. (l2} Contractor shall not be expected to perfazm services in a health yr safety hazard environment. In the event that Contractor believes any dwelling unit vt building may constitute a health or safety hazard enviranrnent, Contractor shall promptly notify Conununity Development of same. Page 2 t ~ J ~ ~ ~ ~ h Agreement for VVeatherixation Assistance Program [WAP} Section 4. Additional Contractual Requirements [A} Contractor agrees to the following additional contractual requirements: [ 1 ~ Contractor shall prepare a separate file, including all applicable information, for each dwelling unit served. [2} The material and labor price for each item of work shall be the preliminary bid price sheets submitted by the Contractor as Exhibit "C," which is attached to this Agreement and is incorporated herein by reference as if fully set out in its entirety. Contractor shall submit the final bid price sheets, with all completed information, not later than Friday, May 28, 2010, by 5 p.m. The final bid price sheets to be submitted by Contractor are sub,~ect to acceptance by the City. This Agreement is expressly contingent upon Contractor's submission vf, and acceptance by the City of, the final bid price sheets, once submitted and accepted, the final bid price sheets, by mutual agreement of the parties to this Agreement, shall supersede and take the place of the preliminary hid price sheets and become the new Exhibit C for all intents and purposes under this Agreement. Contractor shall honor the materia! and labor bid prices contained in the final bid price sheets for the program year in which this initial Agreement is made and during any extension of this Agreement regardless of any date limitation applicable to pricing that may be stated in the final bid price sheets. [3} Contractor shall have HVAC-licensed personnel able to perform and document heating and cooling assessments in accordance with program guidelines. (4} All heating, ventilation, and air conditioning ("HVAC") work sample#ed by Contractor shall be warranted for one year from the date of final inspection. Contractor shall, within 14 working days from the date of notification by the City, correct any discrepancies ar exception identified by City and Contactvr's funding source. This warranty applies under normal use and conditions and shall not be construed as including user abuse ar misuse of materials, fire, storm, vandalism, theft, ar other damages that are clearly oat the Contractor's responsibility. (B} Contractor shall give federal and State funding agencies and the City, through their respective designee, access to and the right tv reproduce alt records pertaining tv Contractor's performance under this Agreement. Page ~ (C) Contractor shall retain all records for a minimum of Four [4) years after the City makes final payment and all other pending matters related to this Agreement arc closed. Contractor acknowledges that this requirement is ~ ~ ~ ~ Agreement for Weatherization Assistance Program {'L~VAP} tv ensure Fair settlement of disputes or complaints that may arise, as well as to fulfill federal audit requirements. Section 5. Method of Payment (A) All WAP work is performed on a reimbursement basis. No draws ax advances will be provided under this Agreement or any subsequent agreement. (B} Before submitting a cast statement and invaicelrequest for payment, Contractor shall ensure that ali work for which payment is requested has been completed in a satisfactory and workmanlike manner. (C} Prior to payment authorization, Contractor will obtain a completion report signed by the homeowner or tenant ["client"} and City representative. {D} Contractor's requests for payment shall normally be processed within 3D days of submission, contingent upon the City's timely receipt of program funds from TDHCA. (E} City shall not be liable for any costs incurred by Contractor in the performance of this Agreement which have not been billed to the City within 3U days following the termination of this Agreemen#, along with any extensions or renewals hereto. Section f. Insurance and Bonding Requirements (A} Contractor shall, at ali times while this Agreement is in effect, carry adequate general commercial and auto liability insurance coverages far personal injury and property damages for purposes of protection agains# the hazards arising out of or in connection with carrying out the Contractor's performances under this Agreement. The required insurance minimum coverage amounts, types, and related requirements that the Contractor must observe are shown in Exhibit "D," which is attached to flue Agreement and incorporated herein by reference as if set out in its entirety. (B} Contractor acknowledges and understands that the minimum insurance coverage requirements may be increased at TDHCA's option. If increased by TDHCA, the Contractor chalk accordingly revise its coverage within thirty (3Q} days of written notice tp the Contractor of such requirement. The City shall be listed as an additional named insured on all insurance policies required under this Agreement. Contractor shall provide proof of coverage before performing any work under this Agreement. Sec#ivn 7. Agreement Adroiniatration Page 4 (A} City shall process and verify applications far services from prospective clients and will make the determination of eligibility for the WAP. ~ r ~ Agreement for Weatherizatian Assistance Program (WAP} (13} City shall review and approve assessments tas applicable) on a timely basis and shall authorize Contractor to proceed with agreed-upon WAP tasks and activities. (C} City shall ensure eligible dwelling units are available. City and Contractor shall review monthly production and establish objectives so that work under this Agreement proceeds in an organized, efficient, and expeditious manner. {D} City shall ensure that, once approved, Contractor's invoices are processed in a timely manner. Secflan $. Independent Contractor; Indemnification It is expressly understood and agreed by both parties to this Agreement that the TDHCA is contracting with the City as a subrecipient entity and that City is contracting with [vntractvr as an independent contractor. Contractor expressly agrees tv indemnify and held harmless the TDHCA against a!1 Liability, and associated claims, including disallowed costs yr other claims which may be asserted by any third party, in connection with the services performed by Contractor under this Agreement. Tv the extent allowed by law, Contractor expressly agrees tv indemnify and hold harmless City, its officers, offlclals, employees, representatives, and agents against all injuries, damages, claims, actions, suits, and any disallowed costs or other claims asserted by any person' including third parties, in cannectivn with the services to be performed under this Agreement. Section 9. Authvrliy fa Contract; Legal [ise of Inds Certification The Contractor assures and guarantees that it possesses the legal authority, pursuant to an of~ficiat motion, resolution, ar action passed or taken, tv enter into this Agreement, receive the funds authorized by the Agreement, and perform the services to which it is obligated under this Agreement. Furthermore, the person signing this Agreement on Contractor's behalf hereby warrants that helshe has been fully authorized to execute this Agreement and tv legally bind the Contractor to ail the terms, performances, and provisions set forth in this Agreement. Contractor certifies, as a condition to receiving funds under this Agreement, that the funds will be used in accordance with State and federal laws. Section ld. Known yr Suspected Fraud or Abuse Page S Any known yr suspected incident of fraud or program abuse involving any Contractor ar Contractor's employee or agent must be reported to the appropriate program officials with the DDE, TDHCA, and City. . ~ ~ , Agreement for Weatherizatian Assistance Program (WAP} Section I1. Compliance with Federal LawlDrder Precedence; Conflict of Interest In rendering performances under this Agreement, Contractor shall comply with the requirements of all applicable federal laws, regulations, and rules. In the event of a conflict between such laws, regulations, and rules and the terms and conditions of this Agreement, precedence shall be given to the laws, regulations, and rules. Contractor agrees to comply with all requirements of the Equal Employment Opportunity Act (4l CFIt Part 6p) and further covenants that no person providing services under this Agreement will be excluded from participation or otherwise be subject to discrimination because of race, valor, religion, sex, national origin, age, handicap, ar political affiliation or belief. Contractor covenants that neither it nor any member ^f its gaveming body presently has any interest ar shall acc}uire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement, Contractor further covenants that, in the performance of this Agreemen#, no person having sueh interest shall be employed or appointed. Na person who is an employee, agent, consultant, officer, or official of Contractor and who exercises or has exercised any functions or responsibilities with respect to Agreement activities or who is in a position to participate in a decision-making process or gain inside information with regard to such activities may obtain a personal or financial interest yr benefit, direct or indirect, in any Agreement, subcontract, ar other agreemen# with respect thereto or the proceeds there under, either far themselves or those with whom they have family or business ties during their tenure. Contractor's employees, officers, agents, and consultants shall neither solicit nor accept gratuities, favors, ar anything of monetary value from the DDE, DDE personnel, the TDHCA, TDHCA personnel, the City, City personnel, or the City's clients. Contractor agrees that no funds provided under this Agreement may be used in any way to influence in any manner a member of Congress to favor or oppose legislation ar appropria#ivns by Congress ar for lobbying State legislators ar local elected officials. Contractor shall ensure that no funds under this Agreement are used either directly or indirectly in the support of any religious or anti-religious activity, worship, or institution, Sectlon f2. Additional Specific Compliance with Law {A) Contractor shall comply wi#h the requirements of all applicable laws, regulations, and rules relating to this Agreement including, but not limited to, the following: (1) Title VI of the Civil Rights Act of 1944 and all applicable Equal Employment Opportunity laws and regulations; (2) Davis-Bacon Act; {3} Copeland {Anti-Kickback) Act; Page 5 5 ~ ~ 1 Agreement for Weatherizatian Assistance Program {WAP) {4) Agreement 'Work Hours 8c Safety Standards Act (CWHSSA); {5} Fair Labor Standards Act {ELBA}; and (ti) Cvde of Federal Regulations, Title fig, Part 1, 3, 5 Sc 7, and all other parts as applicable. (B} Should funding under this Agreement and any amendments yr extensions exceed pee Hundred Thousand Dollars ($144,400}, Contractor shall also comply with: (1} Section 346 of the Clean Air Act {42 USC 1875h}; (2} .Section 54ti of the Clean Air Act {33 llSC 13b$}; (3} Executive order 11738, providing far administration of the Clean Air Act and the Federal Water Pollution Cvntroi Act with respect to federal agreements, grants, and leans; and (4} Environmental Protection Regulations (44 CFR Part 15) Section 1.3. Suspen$ioru and Terminativn of Agreement {A) In the event Contractor fails to comply wi#h any teens of this Agreement, the City may, upon written notification to Contractor, suspend this Agreement in whale yr in part, withhold further payments tv Contractor, and prohibit Contractor from incurring additional obligations for funds under this Agreement. {B) City may terminate this Agreement, in whale or in part, at any time City determines that there is cause for termination. Cause for termination includes but is not limited tv Contractor's failure tv comply with any term of this Agreement, any law, ar any applicable IaCE yr TDHCA regulation ar rule. City shall notify Contractor in writing of such determination prior to the fifth (5th) day preceding the date of such termination, state the reason for such termination, include the effective date of such termination and, in the case of partial termination, state the portion of the Agreement to be terminated. {C) Nothing in this section shall be construed so as to limit the City's authority tv immediately suspend performance and withhold payment under this Agreement in the event the City identifies passible instances of fraud, abuse, fiscal mismanagement, yr other serious defciencies in performance. {l]) The parties may mutually terminate this Agreement, in whole yr in part, when both parties agree tha# the continuation of the WAP activities funded under this Agreement would not produce benefit conunensurate with the further expenditure of funds, provided that bath parties agree, in writing, upon termination conditions, including the effective date of such termination and, in the case of partial termination, the portion of the Agreement t4 be terminated. Page 7 3 ' a r Agreement for Weatheri~atian Assistance Program {WAP} Section t4. Changes and Amendments The parties expressly agree that any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulations. Except as otherwise specifically provided in this Agreement, any other change in the terms, provisions, ar conditions of this Agreement shall be by amendment in writing and signed by both parties to this Agreement. No oral changes are permitted. Section 15. Notices (A} All notices, demands, requests, or replies provided far or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: {1} by personal delivery; {2} lay deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3} by prepaid telegram; (4} by deposit with an overnight express delivery service, for which service has been prepaid; or (5} by fax transmission. (B} Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2} business days after deposit with the United States Fostal Service. Notice by telegram or overnight express delivery service will be deemed effective one {i ) business day after transmission to the telegraph company ar overnight express carrier. Notice by fax transmission will be deemed effective upon transmission, with pmof of confirmed delivery. (C} All such communications must only be made to the following: If to the City: City of Corpus Christi Attn: Administrator, Community Dev P. ~. Box 9277 Corpus Christi, Texas 78469-8277 {361 } 826-31$d Office (361} 844-1744 Fax th a ca ta: City of Corpus Christi A#fi: Director, Neighborhood Services P. 4. Hox 9277 Carpus Christi, Texas 78469-9277 (361) 826-3044 Office {361} 826-3411 Fax If to the Contractor: Accurate Assessment Serv., LLC Attn: Manager P. ~. Box 632658 Nacogdoches, TX 75963 (832} 372-3454 Office {936} 564-6995 Fax With a co Accurate Assessment Serv., LLC Attn: Manager 3996 County Rd. 724 Nacogdoches, TX 75964 Page $ Z ~ p ~ Agreement for Weatherization Assistance Pmgram (WAP) (D} Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 1 d days after the address is changed. Section 16. Disclo$ure of Interests In compliance with Section 2-349 of the City's Code of Ordinances, Contractor shall complete the City's DJsclosure of Interests form, which is attached to this Agreement as Exhibit "E," and the contents of which, as a completed form, are incorporated into this Agreement by reference as if fully set out herein in its entirety. Section I7. Can#iden#iality of Privileged Information The Cvntractar recognizes and acknowledges that helshe will have access to certain privileged and confidential personal and financial information of the clients, held an their behalf by the City, and that such information constitutes unique, confidential, and privileged property of the City. The Contractor will not during and after termination of #liis Agreement disclose any such privileged and confidential information to any person, firm, association, corporation, or other entity for any reason or purpose whatsoever, except to authorized representatives of the City, TDHCA, or DOE. Section I8. Nondiscrimination Contractor shall ensure that no person, an the grounds of race, color, religion, sex, national origin, age, disability, political affiliatioe yr belief is excluded from participation in, denied the benefits of, or subjected to discrimination under any pmgram ar activity funded in whole ar in part with funds made available under this Agreement. Section ].9. Use of Alcoholic Beverages None of the funds provided under this Agreement shall be used far the payment of salaries tv any employee or for wages to any hired worker who uses alcoholic beverages while on active duty. No funds provided under this Agreement shall he used for the purchase of alcoholic beverages. Section 2U. HB119G CertiRcation Contractor certifies that it does not and will oat knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted far permanent residence tv the United States ar authorized under law to be employed in that manner in the United States. If, after ~neceiving a public subsidy, Contractor is convicted of a violation under 8 U.S.C. Section 1324a, Contractor shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the bath day after the date TDHCA notifies City ar Contractor of the violative. Page 9 f ~ Agreement for VVeatherization Assistance Program (WAP} Section 21. SS6a8 Certifica#lon Under Section 2251.053, Texas Government Cade, Contractor certifies that it is not ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 5eetlvn 22. Requirement to Past Notice of Whlstleblawer Rights and Remedies Any employer receiving funds under this Agreement shall post notice of the rights and remedies afforded whistleblawers under Section 1553 of the ARItA. Section 23. Debarred and Suspended Parties; Certificafian and Notice Contractor certifies that neither it ar its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department ar agency. Failure by Contractor to adequately perform under this Agreement may result in penalries up to and including debarment from performing additional work for TDHCA and City. Section Z4. No Waiver of Pro~visivns or Compliance No right or remedy given to City by this Agreement shall preclude the existence of any other right ar remedy, nor shall any action taken in exercise of any right ar remedy be deemed a waiver of any other right ar remedy. The failure of the City to exercise any right ar remedy on any occasion shall not constitute a waiver of the City's right tv exercise that or any other right yr remedy at a later time. Section 2S. Severabiiity of Provisions If any clause or provision of this Agreement is held invalid, illegal, or unenforceable under present or future federal, State, or local laws, including, but not limited tv, the City's City Charter, City's Code of Ordinances, or other City codes, then and in that event, it is the intention of the parties to #his Agreement that such invalidity, illegality, or unenforceability shall not affect any other clause or provision hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal, or unenforceable clause or provision was never contained herein; it is also the intention of the parties hereto that, in lieu of each clause or provision of this Agreement that is invalid, illegal, yr unenforceable, there he added as a part of this Agreement a clause or provision as similar in terms to such invalid, illegal, yr unenforceable clause or provision as may be possible, that is legal, valid, and enforceable. Section 2ti. ~nterpre#atlon In the event any disagreement yr dispute should arise between the parties pertaining #a the interpretation ar meaning of any part of this Agreement or the governing law, rules, regulations, codes, or ordinances pertaining to performance of this Agreement, the City, as the party ultimately responsible to the DBE and TDHCA for matters of compliance, shall have the final authority to secure or render an interpretation. Page 10 Agreement for VVeatherization Assistance Program (WAP) Sectlan ~7. Entire Agreement This Agreement, along with the attached and incorporated exhibits, constitutes the final and entire agreement between the parties hereto and con#ains all of the terms, provisions, and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or tv bind the parties hereto unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties. Section 2$. Texas Law #a Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this Agreement are performable in Corpus Christi, Nueces County, Texas. ATTACHMENTS: Exhibit "A" - General Condi#ions Exhibit "Ii" - TDHCA Priority Lieu Exhibit "C" - MaterialslLabor $id Sbee#s Exhibit "D" -- Ins+arance Requirements Exhibit "E" -Disclosure of Interests Page 11 {EXECi]TION PAGES FULLDW) Agreement for VVeatlserization Assistance Program t WAP) APPROVED AND ACCEPTED: Servlces, L>GC T ORIZED SI A LIRE DATE: ~ 4/(~ STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , X010, by a manage 'rector of Accurate Assessments Services, LLC (" tor"), a Texas limited liability company. S 1 ti~`"'ii+~+p e,*" Y.,s~ IAURf5A LYNN $Af~llK ;'' •H~ Notary Public, State of Texas ~r;~r d My Commissi0n Expires '`•',~~ F;1`••~ March 09, 2U11 STATE OF TEXA5 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on 2U 10, by a manage tar of Accwrate Assessments Services, L ("Contractor"}, a Texas limited liability company, ,a~i"r''r'gly,, LAURlSA IYNN AAI(L1lt Notary 'c, State of Texas ~~;• • • `~ Notary public. State of Texas ')~,`, Myf+ndrCh109, 201lir~s CONTRACTOR - Acculrate Asse~menta AUT RIZED GNATURE DATE: _ ~ =~~ ~ ~ ~J ~C> ACKNOWLEDGMENT Notary lie, State of Texas ACKNOWLEDGMENT Page 12 {EXECUTION PAGE FOLLOWS) ~~ Agreement for Weatherizatian Assistance Program (WAP} APPRD'WED AND ACCEPTED: CITY QF CQRPUS CHRISTI r ~Angc scalar City anager DATE: „-,~?~~~, .~~, ATTEST: 't ~~ ~~~ AUTH~RItK~ 3Y ClJt,HCfl ..~.,~~~~~w .r....,.-~..-......._.,~.....~..1.~ Armando Cl~apa Clty Secretary SECRF1'RRY~• ~ ~--7 ~ ~ DATE: f Appra~ved as to form: 201 ~ ~n. [ _ . r -~ l ~ lln Page 13 E2ixah~t R. Hundiey Assis f City Attorney far the City Attorney a~ ~ ~ ~ ~ CEb1ERAL CONTRACTUAL REQUIREMENTS FCR THE CONTRACTOR ~IiVCLUDES SCOPE OF WORK) General Conditions 1. Contractor{s} will attend a briefing to be conducted by NSDICD personnel to assure that contractors have full and cvmple#e understanding of all Texas Department of Housing and Community Affairs (TDHCA} and U.S. Department of Energy {DDE} program regulations, requiremen#s and procedures, Contractor{s} mus# be prepared to operate within established program guidelines. Assignment of weatherization work to a contractor will be made by NSDIC^ staff based on a rotation basis & work performed by the contractor must be completed within #hree {3} to flue {5}days after assignment has been made. 2. Contractor{s} must provide all materials, #ools, building permits if applicabl®, and labor needed to accomplish weatherization work projects. All materiais must comply with the 2009 Standards for Weatherization Materials specifications {ta be provided at Pre Construction}. 3. Contractor{s} will be required to attend #raining and #echnicai assistance workshops. The City of Corpus Christi will reimburse registration fees {if applicable} and per diem to attend approved workshops. Applicable only after the Contractor has been selected and approved by City Council. 4. Contractor{s] must comply with the federal Davis Bacon Act and follow federal labor laws as determined by the U.S. Department of Labor and any additional requirements TDHCA imposes above and beyond the federal requirements. 5. Contractor{s} wii! need to provide transportation and have a represents#ive on site far supervision during work, a# final inspection of worft performed on each dwelling unit and participate in the cvmple#ivn of roequired reports. 6. NSDICD wilt provide a detailed assessment for each dwelling unit which wil! determine the scope of work. Contractor{s} will adhere tv such assessments v~ithvut deviations. Assessments wiq be processed using an Energy Audit andlar Priority List. If needed, NSDICD will re-evaluate scope of work in the event additional work is required to stop air infiltration. As a result, additional work may be requested; however, any work performed outside the scope of work will not be paid by City unless Contractor{s} have received written approval from NSDICD staff. 7. Contractor must provide Itemized ma#erial and Isbvr in~aices immediately after each project is completed. Materials standards documents#ion far waatherization materials purchased under the 1NAP {must meet requirements of Appendix A of 10 CFR 4~id}. 8. Must provide proof of general liability Insurance and other applicable insurances. 9. Ali weatherizaiivn work must be done to comply with D~EITDHCA requirements. 10 Gast for weatherize#ion repairs is based ^n Texas Department of Housing Affairs mandates and funding allacatians. Eligible dweNing units are approximately $2,500 #o $6,5D0 to address the energy consumption burden. and Community allocated from c~ 11. It is the Contractors} responsibility #o secure job site materials during the construction phase. Contractvr~s} will be solely responsible fvr replacing materials left unsecured or exposed to the elements. 12. Contractors} and staff will be required to obtain certification as Lead Safe Weatherizativn Workers, Lead Safe Renovators, and Lead Safe Renavatorsllnspectors. Contractor{s} must have a Certified Renovator on every pre-1978 home. Environmental Protection Agency will require all contractors tv be certified by April 22, 2010, yr prior tv any construction work performed. 13. All work performed must comply with Davis Baron Act requirements and prevailing wage determinations as set forth by the TDHGAIDOL. 14. Contractors must comply witty DOL Davis Bacon Act requirements and DOL Wage Decision Determination. 15. Contractar~s} shall retain all records for a minimum period of four [4} years after NSDICD makes #inal payment and all other pending matters are closed. This requirement is tv ensure fair settlement of disputes of complaints that may arise, as well as to fulfill federal audit requiremen#s, specifically, but not limited tv: invoices, Davis Bacon weekly payroll, etc. 16. Contrac#vr(s} are responsible for the provision of and transportation of tools and workerslemployees tv al1 job sites. 17. Upon completion of each project, aN debris must be.remvved from job site and disposed of at Contraator~s) sxp®nse. Construction site wilt be in a clean and orderly condition throughout the construction process. At the conclusion of construction, the project shall be properly cleaned in accordance with NSDICD staff approval, clean exterior such as removal of debris from landscape, driveways and walkways. 18. Contractor{s} will be responsible for the provision of adequat®, fully trained, an-site supervision of all work performed under the contract. Contractors}, who are awarded this contract, will not subcontract work out to another entity, unless approved in advance in writing by City. 19. Cvntractvr(s} will report units that are at 90°/° of completion to NSDIC^ so a final blower door test can be conducted in an effort tv save time in the event that additional work is required. 20. Contractvr~s} are expected to conduct themselves in a professional manner at all times when dealing with City and its clients. Contractors} and crews shall present themselves in a manner that is helpful and respec#ful and one which gives the City a goad image in the community. 21. Gontractors[s] shall have the financial capability to wait 3D days fvr reimbursement of services after date of ful! inspection of completion of work, Z2. As the Weatherization Assistance Program is federally funded, any known ^r suspected incident of fraud or program abuse involving any ContractorlSubcontractvr yr their employees wilt be reported immediately by the City to the U.S. Office of Inspector General far appropriate action. ;. coluTil~icT P~ovlsloNs City includes, in addition to provisions to define a sound and comple#e agreement, the following provisions in all contracts and subcontracts: City will give the Contractor(s) written notice of deficiencies by providing copies of reports of unsatisfactory services performed ^r unsatisfactory goods received. NSDICD will maintain an effective inspection sys#em; therefore, the Contractor shall be conclusively presumed to have actual knowledge of work no# pertvrmed. In default ar damaged material, non-performed work or unsatisfactory goods received, NSDICD: A. May, as its option, afford the Contractor an ^ppvrtunity tv complete the nnn-performed work or correct ##~e deflcienci®s in goods received within three hours of the Contractor being advised that helshe will be afforded the opportunity, in the case of daily services; or ~4 hours in the case of all ether services; or, 8. May, as its option, perform the sen-ices yr obtain the goads through another contractor. TIZe Cvntrac#or will be invoiced for the non-performed items at the cos#, plus 'I D percent administrative fee; or, the Contractor will be deducted for non-performed items plus 'iU percent administrative fee; or, C. Will deduct from the Contractor's invoice any damages to City equipment or perishable items Ivst due to negligence plus 1g percent administrative charge; or, D. Repeated instances of non-performed ar unsatisfactory work will be cause for termination. This provision will be applied after the second written notification is sent tv the Contractor. The third notice will be a contract canceliativn notice and a deduction of 10 percent administrative charge applied to the last Invoice due tv the Contractor. E. breach of Contract: City will terminate this contract in whole or in part at any time NSDICD determines that the Can#ractvr failed to observe the terms of the contract, forms, andlor duty tv protect property. F. NSDIC^ may terminate the contrac#, in whole or part, at any time NSDICD determines #hat there is cause for Termination. Cause for termination includes, but is not limited to, Contractor's failure tv comply with t#~e contract. G. Should the Contractor's entity cease to exist, become legally incapable of performing its responsibilities, or lose its status as a business entity, the contract will be subtec# to termination. H. Either of the parties hereto shall have the right, at such party's sole discretion and at such party's sole option, tv terminate and bring to an end all performances tv be rendered under this contract by notifying the v#her party hereto, in writing, given a '!0- day notice. !. The Contractor will indemnify the City of Corpus Christi and its employees. ;: FEDERAL REQUYREINEN'TS All contracts, including small purchases, awarded by the City of Corpus Christi and their ContractorslSubcontractors contain the following procurement provisions as applicable: a. Equal Employment Opportunity All contracts shall contain a provisions requiring compliance with E.O. 1124d, "Equal Employment Opportunity," as amended by E. O. 11375, "Amending Executive Order 1124b Relating to Equal Employment Opportunity," as presented in Appendix 4 and as supplemented by regulations at dl CFR part 6~, "Office of Federal Contract Compliance Programs, Equal Programs, Equal Employment Opportunity, U.S. Department of Labor" As presented in Appendix 5. b. Copeland "Anti-Kickback" Act t18 U.S.C. 8T4, `~Kickbacka fro public works employees," presented In Appendix 5 and 40 U.S.C. 27Gc, "Reguiatians Governing Contractors and Subcontractors," presented in Appendix 7} All contracts and subgrants in excess of $ 2,00 for construction or repair awarded by the City of Carpus Christi and its subrecipients shall include a provisions for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. $74}, as supplemented by Department of Labor regulations 29 CFR part 3, "Contractors and Subcontractors on Public Building or Public 1Nark Financed in ^Vhale or in Part by Loans or Cxrants from the United States" presented in Appendix $. The Act provides that each contractor or subrecipient shall be prohibi#ed from inducing, by any means, any person employed in the construction, completion, ar repair of public work, to give up any part of the compensation to which he is otherwise entitled. Tlae recipient shall report all suspected or reported violations to the Federal awarding agency. e. Dads-Bacon Act, as amended (44 U.S.C. 27Ga to a-7} When required by Federal program legislation, all construction contracts awarded by the City of Carpus Christi and its subrecipients of mare than $2,UU{1 shall include a provision far compliance with Davis-Bacon Act (4U U.S.C. 276a to a-7 presented in Appendix 9} and as supplemented by Department of Lobar regulations (29CFR part 5, "Labor Standards Provisions Applicable to Construction" presented in Appendix I0}. Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages oat less than once a week. The recipient shall place a copy of the current prevailing wage detenninatian issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency, E-. ~. d. Contract Work Hanrs and Safe#y Standards Act {44 U.S.C. 327 333) Where applicable, all contracts awarded by the City of Corpus Christi in excess of $2,444 for construction contracts and in excess of $2,540 far other contracts that involve the employment of mechanics or laborers shall include a provision far compliance with Sections 142 and 147 of the Contract Work Hours and Safety Standards Act (44 U.S.C. 327-333 presented in Appendix 1 i}, as supplemented by Department of Labor regulations {29 CFR part 5 presented in Appendix 14}, Under Section 142 of the act, each contractor shall be required to compute the wages of every mechanic and laborer vn the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %z times the basic rate of pay for all hours worked in excess of 44 hours in the work week. 5ectivn 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 6e required to work in surroundings or under working canditi~ns which are unsanitary, hazardous or dangerous. These requirements do not apply t4 the purchases of supplies or materials or articles ordinarily available vn the open market, or contracts for transportation or transmission of intelligence. e. Rights to It~ventians Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, development, ar research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 441, "Rights to Inventions Made by Nonprofit Qrganizations and Small Business Firms llnder Government Crrants, Contracts, and Cooperative Agreements," presented in Appendix 12, and any implementing regulations issued by the awarding agency, 1: Clean Air Act {42 U.S.C. 74D1 e# seq.) and the Federal Water Rallutlun Control Act {33 U.S.C.12S1 et seg.}, as amended Contracts and subgrants of amounts in excess of $144,440 shall contain a provision that requires the recipient to agree to cdmply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act {42 U.S.C. 7441 et seq., illustrated in appendix 13} and the Federal Water Pollution Central Act as amended {33 U.S.C. 1251 et say., illustrated in Appendix 14}. Violations shall be reported to the Federal awarding agency and the Regional Uffice of the Environmental Protection Agency (EPA}. g. Ryrd Anti-Lobbying Amendment (31 U.S.C.13S2} Contractors why apply or bid for an award of $144,404 yr 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 ax I ~ organization for influencing or attempting to influence any officer or employee of any agency, a member of Congress, officer or employee of Congress, or any employee of a member of Congress in connection with obtaining any Federal contract, grant or any ether award covered by 31 U.S.C. 1352, illustrated in appendix 1 S. Each #ier shall also disclose any lobbying with non-Federal funds that takes place in cornet#ion with obtaining any Federal award. Such disclosures are Forwarded from tier to tier up to the recipient. h. debarment and Suspension (E.O.s 12Sg9 and 12G89j IVo contract shall be made to parties listed vn the General Services Administration's List of Parties Excluded from Federal Procurement or Nan-procurement Program is accordance with E.a.s 12549 and 12489, "Debarment and Suspension" as presented in Appendix 1 and Appendix 2, respectively. This list Contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractor declared ineligible under statutory or regulatory authority o#her than E.4. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certifoation regarding its exclusion status and that of its principal employees. 'E ' "f Bl7tplRte: FA-Special Terms aitid Cnnditivnss 8.2r}-~[1G4 FZNA1. [APPR0118b $Y Ixi7L} FA-TC-DOSS l~~triptit•,ri:3lsClude .ForAttRAAwards v~hen 4'JACSC RACE t~F(Zt11RCiVII~tL'1. [3r~[~Eft 5>=CTiAfV 3.N.[76 G'F TiiF AM[:Ri(:A:IJ Ctf:CC11~EftY FiNtr f{E€s~kVF;YI+RFN-t AC"~' ;'RF.CC7VEft±ACT'? Cfatrses as'c: r~xquir4tl. [:i.AtiSE }C][, ~u411ifS iIsAGQN.AC7 ltEQU71REMENTS A. CrflMtLonr. For purposes of this Clause, Clause 3U( Cantract.Wvric Hours and Safety Standarris Act, aixf Clause ~ fssocipisnt Functions. dse {allavrhng tiefiniHvns eta e}7pticable: [1):Awnrrl means the Award by the 6apartmant of Energy ([1t]E] to a fiecipient that includes a r'ettulrerpent tia•Qprhply with the [abvristandards clause's-and Wage rate requirements of the QaviF-Bacon Act (Q8A] forwnrk performecJ by all fal~orers and mecttaniics ernplo~jred by Suhrstciplents, Contractors arkf sulitontcecoar~ vn projecta funded ey ar assisted in whole or ih`part by Sind through tFtia Federal Gaviemr~nt pursuant td t}trt fi~caVeCjr Ask ~}-'Const-uCt~Oorr, c7herarion or r~epalr' means all grpes of work done by laborers and mecharii~. st~npla~:d by the Sutir+~Cipie.nt constructfan ovntre~ctor ar canstructfofi subooritracforon a partlcularbuilding vrvrork at the site thereof, includirg wfthput I imitativn- (a) Altering, relnodeiing, installation pF appropriate) on the site ^f the work of items fa6r'icatad off-alts: [b) Painting and davoreting; qr (c) Manufacturing ar famishing of materials, artiEles, supplies, or equipment nn th~a site o~ th:e building flr wank. (3) Control means a written procurement cnritract exewted by a St,kiredpient for.tha a~uisition of p.rnperty and aen±icea for construction, alteration, and rapair.under a Subaward~ Fnr purpvsea of d~gse Clauses, a Contract shall in[iude sui'rantrects and lower= tier suhr~ontracts under the ConGrpct• [4). Corii+Y+rtiny Officer means: the dOE ofFidml autharixed to execute awards on behaiF of ppE and uuhq is responslt~le for the business rr-anagement and nan-prergram aspens of the financial asslstanca process. .(5} ContrRctor• means an entity thp(-enters info a Contract. Fvr purposes of tFresa C1aus6s, Contracbor.shall•lncluda subcantractors.end tower-tier sutswnt-actors. (fs) Recipient means any entity other than an individual that rrgaeives RacaveryAet funds in the fonia of a grant directly from the Federal Gvvemmant The term Indudes ti7a Starts that { 1.-s r ~ i. i receives an Award from QOE and 'ss financially accountable for the use of any DDE funds ar property, and is legally responsible far cariyirg out the terms and canditi4ns of the progfam ancf Awarcf. ~ '3ire of ;he work {~ Mesns-- ~] The plrysiral place or places whore the canstruttion.Ealfedfor in.theAward, Subaward, yr ~ontratt will remain when w4rie on it is 4ompl4ted; and [ii) Ariy.vthersite Where a significant portjgn of the. bu}Iding orwgric is sonstruc~; provided thatsuchsite is establishedspeciPcallyfor-the performance of the project; {b} t'~ept as provided in paragraph [c} of this definition, .file siGa of the work includes any #abr`[cat'ron plants, mobile facmlies, batch plants, 64rr4w pits, jab headquarters; tool yards, etc;, provided- [}.} They are dedicated exclusively, or Hearty sv, td performance of the project; .and [~] Thay are ar#jacent or virtually adjticsnt tv the site of the work as defined in paragraphs t7j[a)[i} pr {7}~aj~ii] of this definltiprt; and [t] Dons not Inclttdp pem~-aneht home offices, Branch plant.QSra~Pfshments, febrl~tiort plants,-or tool yards of a Contractor ar subcontractor whose locations and:continuance in apersti4nare determirtieEd wholly v~rt-taut.re~ard tv.a partfcular.aontra4t or Federal Award yr project, In adtildnn, fabrication plants, batcfr plants; borrow pits; jv6 headquarters; yards,etc.,-of a commercial or material supplier which are established b1+a supplier of rrrateritiis-foa• the project before opening bf bids and iiivt.6ri the prdject Sits ~ de~tt~ iri paragraphs [71(a](i} ar f"11[a}Cs? of tills defrniticsn, are Hat Eniludad in tfte site.of fire work." Such permanent, previously establlr;hed fadlitias are not s part.4F'tha "s'~te of the wvr{~' even if the operations for a period of time may be dedicated exclusively or nearlyso, trr the performance of an Awards Subawartl; ar Contract; (8) Sulhawurd meam an award of financial assistance in the form of money, orpropertyin lieu of-nx~ney; madatirtdei• an award bya~Reclpierit tv an.ellglEile 5ubreopierit;.vr }~)r.a ~u}~r~iple{rt tv ~.kivvar- dersubheGipfanR The.tarm'iht:fudtis #jnene]'a1_as5ist~nc~when provided by.any legal agrfeement, even if the agroementis called a contract, buCdoes Hat 1nGludQ the RecipisiiYs pitiicurtz~nartt of goads ant services to carryout Ilia progPam'rlo~cfoes it include any farm of assistancee whit} is ettcluded from the dafin;tfan ssf'!gvYard" above: ~l 5ubreclpfenrmeans anon-Federal entity tfutt expands Federal awar(fF received from a .pass-through entity [fterlpient] to tarry out a Federal program; but does not include an irxlividtta! that is a henaf+ciaryvf such a program. The term Inciudes.a CommunityAction ~@ncY [CAA1..faEa1 agency, 4r other entity to which a Su6awarri under the Award ]s fnade by a Rsdpient that includes a raquiremBnt to comply with the labor standards clauses and wage rate requirements.vf the ©9AwQrk perfomxtd by all laborers and mrFa]ianics omployac# by r .: . i J~ r ti'!.' ~- t ~f contractors and subcontractors on projects funded by or assisted in whole ar in parr by and through the Federal Csovamment pursuant Qf the Recoeery Act. ti. Dovfs-BacorrAee [1]{aJ All laborers and mechanics employed or working upon the site of the wtxtc.will be paid uncanditionaliyond oat less often than artca.aweek, and wltlivut.subsequent deducfJon or rebaW on.eny account {except.such payroll deduciloru as are permitted by regulations.issued by the 5ernatary of Labor urder the Copeland A~t.[~3 CFft Part 3)), tr(e full amount of wages .and bona fide friiige.fjenefits {oreash equi~aler# thereof} clUa at time of.payrnvnt ootnputed at rates not less than those mntairled in the wage determination of the Seclrftefy of Latior which is attached to the 5ubaward ox Contract and made a part hereof, regardless-vf.any centractpal refationsh3p which.retay be apaged to exist bvtwaer the fisclplettt, a Subracipient, orCvntractor and such laborers and mechanics. ~) Applicalsfe to fledpient Only. Prior to the issua~xe of the Subaw,ard or Contract, rite lteapient aha11 notify the Contracting Of[icer of the site of the work in order for ttte appropriate wage determinaton to be obtained by ttw contracting []fficer from the Secretary of Lahvr. i}i) If the Su6awarci orContract is arhas beQn issued without a wage det¢r~-ttation,-the Rsac~plent shelf notify the Contracting tltfioer lmmetllately of the sltia of-the work under the Subaward~or Contract in-order For the appropriate wage determlr-atiori to be obtained itythe Contracting .gfficer from the Secretary of Lobar. [b] Contributions made orevsts reasonalsly anticipated for bona fide fringe benefits under sectipn 1{b)i2} .of the i]BA on bel~elf ~f laborers or mechanics are eon:iiierad wages paid m such laborers and mechanics, subject to the provisions of paragraph fi{r}} below; also, regular eontribukions made or costs incurred far mono than a weakly perigd [but not less often than quarterly] under plane, funds, or prvgnams:which carer. ttta particular weekly period,.are.deamed to be constructi-~ely made yr incurred during such period. [r}Such labvrera and mechanics sl~lf.lie paid n6t.less than the appropriate wags rate.and •F~inge.benefits in the wags-.dletermination Far the t:lassiflcation af•work aetua]ly ~er#orritstf, withpilt re~arci: ro. skill, except at: provitieid iti the :paragraph entitigd Apprentices and 1'ra'snses. Laborers or r~dianics pertcrmingvsroik ln' mvro than one dassfficetlon mrry be compensated at the rate specified for each dassificaSon fortire time ttcttHallywerked dlereln; prvyldad that the employeYs payroll revords accurately set forth rite Lima spent 3n eadrdasslficatien in which worir is performed. [d} rho wage deterhlinatlvn [ntiading any additianalclessifiGations and NCdgB rates conformed under paragraph B[~} of this.Clause) and th¢ Davis-6aevn poster {VdFf-1.32] sha116s pasted at all times by the Subrecipient end Contractor at thQ:its of the work in a prominent and acpessibfe piers wirers it can be easily seen by thewvrkers. [2}[a} the Confractir~.pffiger shall regti[ne that anydass of fabaners or rmachanlcs which is not listed in the wage detennlnatian and which is to be ertlpfoyed [inderthe 5utiaward ar i _ ,f, r. ., :t .. ~: Contract shall be classified in confarmarrce witlt the wage determination. The Contracting OFfiQer shall approve an additian0l classifirativn and wa~e.rate end fringe. benefits therefore only when ail the following criteria have been met: W Th9. work ao be p,elFamtad by the classification requested is not performed b~+e classification In the wage detannlnation. [fi] The ciassi#ication is utilized irr ttie.araa bythe oanstruCtion industry. (iiif The propomd wage rate,.irxiudi-x~ arty burro fid4 frngo 6enefife, bears a reasonable relatiansiiip. tie the wage rates contained 1n the wage determinatian. ro} If the Subrrecipient {and Contractor, When applicakile} ar,d the ~tlborers and mechanics tQ ba empivyed in the tiiassifiaa64n (i€ krwwnJ,gr their representaiivasagree gnthe dssslfi,taitinn~nd wage rate {inc}wiiing thearrtvunt desfynated:forfringe~i:anafits, v+ihere apprgprlata], the 5ubn3apiantshel} notify the Recipient. 7'he Reaplent shall notify the Cotitracting.i]fflcar o.F this a~rQarneht. N the Cvntractlhg.pfficar aghees with ~ cl~siffsat#o-r3 erxi•wage rate' Gltduding G_,e amaynt:deslgnat$d forfriT]g@.12e{tefitg, wham appropriate}, a report of the action token shall ba sent bx the Gantracfing:Officer to t#te AdministrBtor of the: Wage-and.Hour pivision Employment.satanderds AdminustrAtion tf.5: f)epartment of tabor Washington, f7C ZDZ1D The Administrlatar or an authorixxd representative will gpprove; modify, Rr disppprave every additional classification action within 30 days of receipt end•ao advise the Coritractiriq Officer' ^rwlll notify the. Cnntractii~g Officer within the 3D-day prsrigd tEiat additional time is necessary. (c).lln tfje avant the Subreei@tent.(atir! ~ntrfxctor,wht~n applicaiile}, and.the laborers ar machanfo3 6v 4a.emplays~ in thq:clasr~iRcatipn, or-- their repreaerit~tives, do.n4t agree on the proposed classifiveNan and wags rats (lndudii-g the.amount ctasignatad fvrfr}nge benefit, wher@ appropriate}, the 5ubreclpiant.shpll rio#ify.titg R~dpient. Tim Redpierll: shelf notify ttte:Cantratting i7fficer of the dlsagrooment, Ths Cgnfracdng Officershali referttte questions, in[luding the views of.all interested pArtieS.a~ tF~ heoi5riimendatlan of the Canpr$cting. Offixer, to the Administrator of tf,e. Wage ancf Hour pivieiQn fcr clef:prmination.'fhe.Administrator.Oran authoriz+ed representative, will issue a cfa;erminatipn Within-3f) dpys of r2e:eipL and sa ad-+ise.the Ca~ntreetErrp Offig2l' or will notify the Contracting t]fficer wkhirz the 3D•day p$rigti that add{tianel'-tune is necessary: (d] The wage-rate: t'intaiuding fringe.~ane#;ts,tyftere.~apprapriete] deten'niried pursuant to sut~paKagrapiia It(~(trJ or B(2}(c} of thisCfaUSe shall be paid t4 all wvrfsars;i5ar#ormi.ny work in the dasslficatfon under the Award: 5ubaward, or Contract from the first day qn •whi~t vrork is perfarme.d in dte dassificatiop. • ; {3} Whenever the minimum wage rata prescribed in the Award; Subaward, ar Contract far a sloes ~pflatrarers or rnet~anicsincludes a fringe lienefit u~ich is not expressed as an hourly rate, the Sutrrecipient and Contractor shall either pay the heneFit as stated in the wage determiruttlvn vrshall pay another bona fide iringe benefit qr an hvurlycash.equivaient fllereof. [4} if the Suhrecipient or Contrector does not make payments .tv a trustee•or other third p$rspp, the:5ubredpie~t qr Contractor rn~ty consider as part dF the wages of any laborer or mechanic the amount of any costs reasanablyanticipmtad In plovlding bana.ficie fringe benefits under a plan ar program; pr~svided, that the Secretary of LaldQrhas found, upon the written request of #se Subraciplent'orContractor -t-at the applita6le standprds of ~s Davis- Bacon Act have been met. the Seccetaryof LahQr may require tl'~ Subrecipient-or Contractor tc+ set aside in a.saparate account'assets for the me~tinp a{ vtiligations under the plpn or program. G Rotas v f Wry#s {I} the minimum wages to be paid lehorers and mechanics under the Subaward or Coniratt i~vlved in parfarmaiioe of-work at the project site, as deterrriinad-bY the Se.6atetary of tabor babe prevalliitg far the carreapgndTng lasses aYla~orers and.meshanics emplgyed on projects of a character similar to:tha cvmractwork in the pertinent Iocallty, are included as an attachment to the Award, Subaward, orCvntratt. {2) If the 5ubaward or Contract has boon issued witheut.a wage determination, the Recipient shrill rwtify the Contr~tirig officer [mtnedfate[y of the_siDe cf the wvrkunder the Suba~vard or Cvnti'aet U order for the afipropriate Waga detenninatiorrto haobt~ined by the Gontr4aiitg dfRoer from the Secretary of Lobar. ~ Fayro!!a and ~psfc Itecvrds {i) Rayro[is and basic retards relating thereto shall.treme[ntained:by the Redpient, 5ular8tlplent and Contractor dudnq the rouse of the work and preserved fora period of 3 years thereafter for all latrvrers and machanlcs working at the site of thework. -Such records shall ~ntt;in tFie.rtame, address:, and socipl seourilty nlimt>er of astir sudl wvrlcer, his. yr tier carrect_dassification, hourly rates pf wages paid {including rates of contributions yr cast; anticipated far buns -fide fringe benefits or cash equivalents thereof of fhe types described in ~etitsir 1{ba{~){g} of tlys bay±is-~94vn Act}, daffyand vueekly number of hdurs:vyorked, decfuctivns made. and actual wages paid. Whenever file Sacretary,af lobar has' found, under par~grapli`[4} of tFia proY~siara entitled Ds~s•Bacan Pick„that th@ wa~ka of eriy latad.r~r yr m~hbnk include ~ls emoynt of anyrasts reasvrwb.ly:antlcipated.in prgviding baneflt%under a plan yr program described in aettian 1tp}[2)(B) of {fie l3avia-Bacon•Act, ~e 5ubrec[~ent or Cantractbi• shed rrtaintali, records Nitiith shQwthat.tha cpCrllrlltCnerit.ta. provide such k~.eriefits -s anfarceab[s#; that t~+e plan 4r program, is financially responsihla, and that Ehe plan.or p+~gramhas been communicated in writlnq to the laborers or mechanics affettad, and rac4rda wfiich show the posts ahtir3pated grthe adual eo3tineurred in providing-such berieflts. The 5ubreapient arCantraetor employing apprentices or trainags-under approved programs shall maintain written evidence of the registration of apprent'roeshlp programs and i' ;' , ~`' certification of trainee programs, ttre reg'sstratian of the apprentEOes and trainees, and the ratids and wage rates prescribed in the applicable programs. [~[a} The C'^ntrectar shall submit.waekly far each weak in which any Contract work is performed a.copy af.all payrolls to tk+e SubrRdpl~ant The S~b~ecipiant,sftall sirbntit vreekly far eaek+ week in which any 5ubawoard ar.Contrect wa~rk is performed a sopy of aIF payroll: to the Recipient. The Recipient shall submit Weeleiyforeacli week in wwch any 5t~bi4vrard pr Contractw~rit is perforrried a copy of aA payrolls to the Cantractlr~~Ffirer. TIiQ payealls submitted shall.setout accuratelyai'td vompletely all of the informatvn required to be rnairitairied.underp~r~graph n[i) of this Uausa, Qx[ept that the full sodsf security numbers and home addresses shall not ba irsclud_ed pn w~eafc~y transmittals. instead;•the payrallsahall only need to include.an individually-identifying number for each employee ie.gy the last flour digits of the er~+playse's s^pa1 security nur~b,erj. The requir~f w,eak[y.payroll lnformadpn may be submitted in any form desired. ~ptianal F~srm VMIH•347 is.available for this purpose from the Wage and Hour t}ivlsion Web site at ]1~IIL•L(~yylyyy,T~Q,~;QaV/~~j~ f^rmsJy~~¢~[ristr.htm or its suctessvr site. [b} The Recipient is resparBible fQr the ensuring that a115uhrecipients and Contractors supmit capi~s of payr+plls.and basic racortfs.as ro9quirad byparagrapfl f7; Payrolls anal Basic Records, of this Clause. The 5ubredpient.ls responsible forensuring all Contraetorg, irielieding~lowes: tier- subcontiaetors submit,oopies of pbyralls.and basle'records as naquired by paragmph ~; Payrolls and Basic Records, of this cleua~, Subreelp9ents ~ndCantractors shall maintain the full social securitynumber and current address of each Levered vrarlrer, and aha11 pr3vida thetn:upvn rec}uast fw transiriissisfn'tti the e4atTactirrg Offlcer, rile Recipient, yr the Wage and Haur 17ivisian of the Department of Labor for purposes of an ittvestii}stivn oraudit of cvmplianca with prevailing wage roquirerrients. 1'he Ftaclp.iant shall also obtain-.and provide the full social security number end ~arrent ad¢rass of eath covered worker upon request by the Contracting t7iflcer or-the Wage and Hour Wivisl.on of the Qepartmerit of labor for purposes of an.lnvesti~ation oraudit of dompliaTlCe with prevailing wags requirerrwnts. It is not a violation of this~5ectiofl fora Recipient to require a 5ubrecipient.or Contractor to pr+ovkda addresses andsvclal security numbers to the Recipient for its awn reat2rds, without weakly subn'fsdon to the Contracting (~fFlcer. [c) Each-payroll submitted sha11 he ecoompanied by a "Statement.af Camplianoe,":sFgned by the Recipient, SybrRapient ar Cvntractgr ar hid a.r her agent why pays or gupervises the. payment of the persons emplvyad under the 5ubawertf or Cat~tract.and Shall certify -- {i} That the psyinll for [Yre payroll period contains the infarmiition required td be maintained under paragraph d[~}{@} of this ClausQ, the apprnpr~ate information is being maintained under paragraph i7[1} of this Clause, and that such information is correct end complete; (ii} That sack[ laborer yr mechanic (including $ach helper, apprentice, and 4rairtiea) employed on the 5ubawarcF orCanttact during.'the'payroil period has 4et3n'pai~l the fyll weeklyvragas aarr~c#, withvut re~ate,aitherdirectly orindlrgctly, and that no.deducNons have been made either directly or indirectly from the full wages earned, other than permissible deductions es set forth in the Regulations, 29 CI:R Part 3; and i; [ii] That each laboreror mechanic has been paid not less than the applicable wage rates and fringe benefits ar cash equivalents for the.;lassif)~ation Qf vrvf.k performed; as specified in the applicable wage determination incorporated lnte the 5ubaward orContraGt. [df The vraekly•submiaslan of a property ewecutad cardfieation setforth on dte reverse skte aF Qptional Farm WFF•347,shdll satisfy the n3qui?enient forsubmissian of the "5taternent of Compliance' requlreii by paragraph p(2}[cy of this clau6p. [e] The falsificetran af.any of the certificatipns in Paragraph 0, Payrolls end Basic Records, of thk Clause may supJect the. fiacapienti.Subrecipient.or'Cantra~ggr to. civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 oFTide 31 of the-tJnitad Stt:tvs Code. [3} The Recipient, Sutaresipient, orContra~bar shall crake the recer[iC rat~uired under paragraph D{X} of this Clause availaisie.farinspection; copying, artranscriptibnby the Gontract[ng.Offiter, puthaPPxed:repYesen`tad-res of ttie Contracting bffi~r, 9r the I]epsirtment of Labor. Tile Suhredpient nr Cnntractar shelf perrnlt the Cantracting.Officer,-authorized representatlves.of the Cantraeting.4fflcar ax the RQp6rttnent of Labor ip Iritan~uremplayees during wracking hours an.the3ob, If the Raciplenti Subreciptent or Cantrac6oT fails m submit the required records.or-- tv mt2ke them avaAahlaR the Contracting officer may, afparwritten riptlre to the Re,dpient, 5u#ireoiplent, or Coritractpr talc@;surh action as maybe necessary to cause the suspension of any further payment, advance, ar guarantee of funds. Furthermore, failure to suhiri~t the required iecards-upvrrrei~uest or tri. make such records available maybe grour-ds for deberrnent action pursugnt to 29 CFI4 5.17. E. Wftlrhafdirtp of 14rrrds [1l The p¢E C-vntracting Officers~ll, open his or.hgr yr its awn action or upon written request of an autharined representative of the aapartment of Labor, withhold oresuse to be i~yitFsheld from the Reclpier]t or eryy other contract nr Federtif Awsrif innttl the sam@ Redpient, on.shis or any other federally.assissed Award suti~ect to 15av1s=Baoan.prevaiiing wage requirarnvnts,.v~iiit is held i7yths same Redpiei-t sa.much of ttie..atxrued pgyn'ients.ar advArxesag may be consiiferecJ necessary to-paY Iaba?ers dntJ mechatfiGS, including .apprentices, trainees, and helpers, employed by she Subrecipiant ar a Cvntraatar the full amountoFvrages r~ai~uirud by the PiSyard or5utsavvard or'.a; Crintract: In the.event of fa8ure tv pay any:labtsrer ar mechanic, including anyapprentice, traine~,'or helper, employed ar working nn thesite of the work; e11•or part of the wages required by fire Award ar Subaward ara..Cpntratt, the ~ntrectfng Offioerntay, aftervtiritten notice Uo the:Recipient take such action as maybe necessary to reuse the suspansion.of any funher payment, advance. or guarantee of funds until such Violations have ceased. [1~} The Recipient sha11, upon its pwn.eption or upon written. request of the q~E Cortitraeting ~7fftcsr.aran authorized representative of the Qepar[ment of lahor,withhold 4r cause to tie tvithhaJdfrom any.5ubrecipient vrCantrgrctnrsv much vi ~e sou•ued payments a~.advanoEis as may be considered neeassary to paylabarers and mechanics induding apprentices; traihees, and helpers, employed by the Subrecipierit or Cvntrr~etdr the foil amount of wages required by the SubawaM or Cvntrac~t, fn the event of failure to pay any laborer ar mechanic, S .. ~ ~,. 1.- •- Including-arty appnantice, trainee; or helper, employed orworydng vn the site of dte wvrfc, all or part pf the wages rr£quineti by tltg 5~ibaward. ~r Contrast, the Recipient ts-ay. afrer -Vr3tteh naiice to the 5ubredpient orCantract^r, tafoa such.acdon as maybe necessary to cause tfle suspension ofany further payment, advanoa; w'guarantee.of funds until such violatans Piave teaser! or the Gnvrirnrrrpnt maycau~ the suspension of any further paymenli ender arty ^ther•t~vntral:t ar Federal -award with ;dw same 5ubradpfent or Contractor. nn any other federally.assystedAward:subjett to f7aviS•Baoon prevaliing wage requil'ements,vrhichis held by ty,e same Subrecipient or Contractor, F. Ap~-'eneke+ cited 'rrraf-raes 4~ Apprentices. ia} An. appren~rce vrrifl h$ permitted trr work ar Tess than lira pro~determined rate Fbr the work they perforrytied when they are.entpl0yed- - (r} Pursuant to and iricli~itliratiy re~fatered in a bona fide apprenfsceship.erogram registered-nth the 4J.5.0¢pprtmaht of tpbnr, Empl^yrltgnt and Trainhx~ Adminlsp~ation, Office-ofApprenilcashlp ara<I Training, Employer, end.Letror 5errlices (OA7EL5] ^r with a State Apprenticeship Agenryrevognited by the 4ATEl:S; or Fii} 1n the first 9o days ^f pcohatignary ernplvyment'ea an apprantise in such an apprenticeship pragmm, even though net irtdivldualfy registered in the program, if certified by the QATELS or a State Approntiteship Agency;where appropriate] tq tae eJigil)le for prvb~tianary erripl^yment ss an apprentice, (b} The alkrwabie ratio of apprantloes to journeymen on the job site fn.any craft classiflcatiari sliali not 6e gra~at:er•ttran the: ratio•perrrritted to the ~u}rreapfant.ar Contractor as to the entire work force under the registeretf'program. (c}•Artyworkar Iistied on a payroll at:an apprenti~.Wage rate, wh9 is riot registered or fltherwisa.:emplpyed as stated in paragraph F(1} of this Clarke; shall: ire paid not less then the appiieabfe wage determination far the classificadvn of work actually performed. 1n addition, any apprentice performing work qn the job site in er~cess of tyre ratio perfi7ittegl under the registered program shall be paid not less than the applieabia wage rate:vn the wage. daterminaticrn far the.work actually performed. [d} Y1-hare @ Suf~raelpiant-or Coritcactor is parfarrr(ing oarbstr.-action arts project €rr a locali~r.ather than-that-in •which its program is registered; the ratios:and wage rates [e]grtt~ssed }.n pet'oantaQe~;.af t~journaymens-hquroy`ratef-sy3~dlfad In tk~_5ubrecipyent's ar Contractor's reglsbsred progrern shall be observed. 'Evaryapprenticemust be paid at net less them rile rate specified iri the ndgistered prggrarn forthe e~pprssritiee~ level of Progress. expressed as a paroantag@ of the-Journeyman hogrly rate specJFred in.dre applicable wage determination. {e} Apprgnticas. shell be paid fringe benefits in aec+ordante with the proviaipns of thR apprenticeship pmgrem, ff ~e apprenticeship program does nvtspedfy fringe benefits, ~~ ~ .. apprentices must ba paid the full amount of fringe benefits listed an the wage determination for the applicable dassificativn.lf the Administrator determines that a dfferent practice prevails ftir th~a applicable apprentice classification, (tinges shall be paid in accorcianoe with that cletermirlativn- [f):In the avant QATELS, yr a State Apprenticeship Agency remgnixed by QATELS, withdraws approval-af:dh apprentiteshlp Fl'ro9'ren1 the Subrecipiantor Cotttractorwill no lorsger be permitted bo utdixe appTentic~s at less than the applicable predetermined rate far the wprk performed until sn acceptable.program is approved. {3] Trainees. {e7 Except as provided in 29 CFR 5.16, trainees will not by permitted to work at: less than the predetermined rata for the work parfonrtad unlass~ thayar~p enr,pi4yac# purstlenY tv and indivjduallyregistered in a-program wl'fi4h-ha¢ reQeiyed prior approvpl, eVldenced by banal certification by {OATEL'S]. The ratio of trainees tojoumeymen an the job site shall not kte.greater than permitted under tile. plan approved by QATELS. {b} Every. trainee must be paid at not less than the ratQ.specified in the appraved.program for tl~ trainea3.level of pr'o~rass, expra3sed as a purteiit'age of the jbumeyrrian hourly rate spedfied in the applicable wage determination. Trainees shall be paid fringe benefits In accoiKlanra with-the previsions wf the trainee-program. If the trainee pragrarri does not Tneht+tsti;frir~tja b.9naflts,.tralrtees sh!#I! 1;-e paid th#.fu)I arrxzunt df (rings beFt-~ffts listed in the wage determination artless tfie Administrator of the 1Nage and Hour 1?Ivision datar-nines That tl7ere'is an gppPa'rxtkeship/treinin~ Rrngrani $ssv~iateil with the czoreespanding journeyman wage rate lt1 the uvagB determination which:provides for less than full fringe benefits for apprentines. Any employee listed on the pay[ofl at a trainee rAte who is not registered and partlc4pating in a training plea appro-raCi by the t7ATEL5 shall ba paid not less than the applicable wage rate in the wage determination for the classification of work actually performed, in addltian, any trainee performing work on the job site in excess of the ratio permitted.uritfer'the registered program sha11 be pall net less then the applicabla.wage rete.inthe wage determination for the work aetually perfdrrrietf. (c}. [n .the eventOATELS withdraws approval of a training pragrany the 5uhreciplent or C[rntrettor will na lenger 6s {SQmtittacf to u{i~ixv ireinoes ae teas tii8n t1Se apQ!'icpiOle predetarminpd. rata forfhe wok perforMeti anti! an aCCeptable program is approved. [3} Equa4 employment vppvrtuniry: The utHixation vf.apprranticas, trainees, and journeymen ulxisrthl~ ~iat~se•shall ba 1.n apr5farmitywltlt the $quaL~ti~ploymapt opportunity requirements of E>oecutiva order 11346, as amended, and 39 CFR Fart 3Q. G. Cbmpf[ance Wlfh Copeland ti4ct R.grtlmrrsrrts The Recipient, Suhreclpient or Contractor shall comply vrith the requirernants of 39 GFR Part 3 Wltfeh era hereby inwrporaie(i by reference in tF~e Award, Subaward or Contrac4 N SriLarvards and Cantnaefr ,.. ~. (_! y. • ~~ i {]~ The Redpient the 5ubrecipient and Contractor shall insert in the Subaward or any Contracts. this. Qause.entitled "aavis Bpco.n.ACt Rsquirerriarits^~nd sprit other tiauses as the Contractir~:afFicer may require. The Retiplentshail be responsibla.for:ensuring oampfiance by any Subreci~tient or CBntraatorwith ail of the requirements sarttained in this:ClBuse. The 5ubn3cipleptshdll be respo~ible for the compliance by Cgntractarwith a!I of .the requirements:aontalned En thla Clause, {~] 1M4hin 14 days after issu$nae of a 5ubatnrard;the Reeip}ant sha11 deliYer to the Contracting Officer-a campieted Standard Form {5 F] 1413, 5-tafement anti Acknowladgmentr fareadt Suliaward.ansi Contract fvr tonstiuctibn within ttie.Unlted 5tabes; incitrding'tiii3 SilbYsoipiertt~ acid Cantrattar's signed and-dated acknowledgment that this Clause] has betsn included in. the' 5ubaward and anyContrads. The SF 1413 is available from the Contracting dfFicer prat http~//contacts.gta:gov/vwabf orrns.nsf/Q~7Q84872 016E 695A78 5256,Ax60p+iF7 FABrjf ilelsf~4x 3`e.pd f . V~lithln 14 days .after issuance of a Cona~act-or lower- tler subcantrectr the 5ubrecipient sha[I deliVsrYo. the Riicipierlta completed Standard Foriri {gf] 1413, 5tstament-end Atknawlad~rnprit; fpr gash-CcsntCa[t.and;iowpr-tier subcontract far tonstru~tion twithin the liiiited Statas~ including the Contractor-and lower- der submntractar'ssigned-and dated aeknowledgn-ent.that=thls Clause furs•bs}en in'Ctuded in any Contract e-td lavrerv dersulytontratts. 5F 1419 is a+/itiieE~le fham tiie Corttrticttng officer ar at http:/~eontacts•9sa,gavlwebfarrns.nsf~[?~7Q84872D~.G£ESSA78S256A76004F71:Ao8($file~dfL413 e,pd f. The- R@tipiant.shall immediaieiy prorP,da to the DBE Contracting p,Ffiear phs mrRtplated Standaref :Forms (SF} 1413. 1. ~Canrr~prt Tlerlri2ROttorr -- naamtenr A breach of these provisions ntiay be grounds fpr terminatian of the Awoarcl, Subarvard, or Contract and far debarment as a Cgntraetaror subcvntra~taras provided in 23 CFR 5.12. J. Campflanre wtrh rpovFs-Baran and.Relataad Rst Re~uiatFons All nili-x~¢ and'interpretatians of ths.i']avls-Bacon and Related Acts contained In 29 CFR Parts x, i3; and dare hereby incprpornted by rsferenta in.the Award,. Subaward ar Contrast. ft. Dtsputra Conea]rting Lobar Sfurri-ards The United States L7epartment of Labor has set forth in 29 CFR Parts 5, ti, and ~ protedurss for resolving disputes raQnoerr>ing labor standards regtii?ements. Such eisputes-shall ba resolved in acaordartot+with those procedures.and shall not be subjett to any other dispute prevision that may 6a contained in the ~4ward, 5ubaward, and Contrast. Disputes within the rr~anirtg of this CJa~jss induda disputes between the Recipient 5ubr!etipient (ncluding anyContractar].and the f)epartment.af Energy, the U.S: Qapartmentof Labor.•, pr the employees ar ths]r repreieztitativas [. cartlRcae(ar of BIlQt6utq. {i) By entering lnta.thls Award,;Subaward. arContract {asappllwl;fe], the Recipient, 5ubrecipiertt. ar Contractor, respectively tertiFtes that neither it [nor he or she) nor.~sny parson arfiinrwwha has an interest in the Recipient, Spbrecipient, or Cantractors:.flrm, is a person, t~ntlty; ar firm ihel.igih.le Itl to ba awarded Government contracts or Govemment awards by virtue of section 3[a} aF the Davis•Bacan pet or Z9. CFR 5.12{aj(1j. (2} Nv part of this.Avrard, Subaw~ard arCootract-shrill he subcontracted to any person or firm inefigikile for award of a Government eontrect Gr Government award iay virtue of secoan 3(a} of the Qanrls-Remo Act or 29 CFR ~a.12(e}(1}, [3} The. penalty far making false statetrwnts is prasrribed in the U.S. Criminal Coda, 18 l1,S.C. 1001. M. 1~yrotra! of Wage Antes AI! s..traight dme yraga rates; and overtime rates based ttiei~etin, far laborers and nrechdnics engaged: in work under do Awa-d, subaward or.CuntraGt. musi tse.submitte~l far approval in wrifing hY theheacf of the federal contracting aciivityara representative expressly_ desl9nated for .this pur~posa, if tFre:str~sight time wages;astcee~ the rates fvrcorn:spanding dtissific8tiohs contained in the applicable Davis-Bacon Acct rrrinimum wage determination included in the Rward, 8tibaward.vr Contreet: Anyambunt paid by the Sutireci~ientorContracwr'ta anylahoier yr mechanic in-excess of the agency approved wage rate shall he at the expense of the•~uf~regpient or Contractor and shall natbe reimbursed 6y the Recipient or 5ubrecipient. If'tl,@ i;vvemment refuses to authari~e. ttie U~e.pF the overtime, the S.ubrec3pient or Contractor is not rel~aaed from the obligation to payemplvyees at the required overtime rates for any overtime actually worked. Clause ]i7(]i: Car~raet Work Hours and S~tfaty S4antlards-Act This Clause en$tled "'Contract aAlork HQUrs and Safety standards -4ct (CWHS.$q}'s.hell. app'iy, to any Subaward or Cantractin an amount in excess af-X100,000. As used in this CW1i5SA Clause, the terrris laborers and mecharires indude watchrrienand.guards. A. overtime requirements, [~lv SuhredpigntarCantrarxar aar,tracting faring part of the Ssrbaward vrdrk which mayrequira vrfnvalva the.ergplayrrient of 1a6arbrs.ar machanics.thrail inquire or permit any'such iabvner or mod~ranit in any vroricvweek in whlrh lta or the is employed on such work to work in essoess of forty hours in suds wortirnreek unless suds lal]oreY or mec}teniG receives compensation ~t s rate not less than.ane.and one-half times the basic rate of pay Far all hours worked in excess of fvrtyhotan: in,such•wvrkweek. a, ~oiation; liability for unpaid wages; liquidated damages. In the event of anyvialetian of the clailse set Furth in paragraph B herein, the Su}tr~edp'ient.vr Contractor Yes{ronsitila therefor shall be liablQ for tha.unpaid yVagas.In addition, su51i 5ul2reclpient.vr Cr~ntractgr shall 4e liabl~a to the United States Qn the.case of svork Bono undera Suhaward or Coritract.farthe~District of CdGmhl9 ar a tgrrib~ry, to such Uistrytt-nine such ten3tary}, fgr.ligtlidated darrtgges. ,Sutli. liquidlafad'damagesihall-6e computed vtith•respec~-ta each lrtdividual~laborer•vr medoanic, incfuding watchmen and guards, employed in viblatian af'the provision set forth In CIIII$$pL4 paragraph ~ in the sum of 310 fvrttach calendar dey'on,whidt such incllvidual was.requi.red ar permitted to work in-excess of the standard•workweek offorty-.hours without payment of the overtime wages required lay theclauseset forth in paragraph fW ofth'i's seition. G. Withholding for unpaid wages and liquidated damages, I1 ~. -~ .. {1} The OOE Cvntratlir3g Officer sha11 upon its own action or upon written request of an authvr'izerf representadva of the pepartment of labor withhold yr otiuse to be -~tiliheid, from any moneys payable on accauntof vu~oric performed by.the Recipient on this yr any vtl'ier Fattera1141~ird 4r Federal toitdract wf d~ tha.same Reclpient.on any other f@dardliy-assisted.Avrard or contrsrtt sutyjgct tv ikte ~WFiSSA, yaftith iF held by tEte 3.arr}e. Recipient such sums as maybe determined to be ne~oassery.to.satisfy any pabilities.vf such R.aclplent for unpaid wages and ligti'idatad damages s&:prpv3~jed 1n dte clausq sot fvTth in CvUWSSF~,.paragraph B of this Clause. ¢] The Recipient shall, upop lts own action ar upon written request of the :f]C3f: ContraeGng UfElter oran.autNvrixed representative ofthe f7epartment.of labor, withhold pr cause from any moneys payable on. sccaunrpf virdrk perf~rrried hythe 3uhreapient or Cvritractaron:this or any other~federally assisted subaward or wntract subject t4 dtQ LWW55A, which is held by the same-5gbrevipiQnt.or Contractor such sums-as may be tEeterminecl to tae necessary tv satisfy any liabilities of such. Suhr~edpient or Contractor for unpaid wages and liquidated damages as provided in clause set ivrt?t in CWW55A, paregfapl7 f3 of this ~Clausa. El, Suboantracts. The 5ubreaipientahallinsert in a t:antract•and a Contractor shall insert in any IdVuer tier. sui5tvntracts, the deuces yet forth in tftese CyVHSSA par,Bgl"8phs.{A] tliraugh [Q}and also a.pravision requiring Eha GantracGgrs tv. include this:CWiiSS(1 ClausQ in arty lower tier subavrrtrads. The Regpieritshail bra responsible fareomplianea by.any 5ubrscipient or ContfActvt.l+~tlti the CIM1+HSSA j~afagraphs A through Q. Tire 5ubfeeipi$nt shell t}e respvt5sible for cornplianfle by arty Cbntractor.(ihcluding Iower- tier subwntractars}. E The Subredpisnt 9r Gontractorshall main#ain payrolls and baste payrolls in aooordartcewith Cause ?Q4 I]avis• Bacon Act Requirements, for all laborers and mechanics, including.guards and watchmen working.on.the Subaward or CantrBCts. These records are su1{jaet.ty the requirements set forth•in Cisuse ~ Da-Is 8.acan Requirements, Clst-sa]UO{)f. RECIPIENT FUNCTfONS {1} Qn 64helf of the ~partr-~nt of Energy {~L7E}, Iter~pleiltshalf perform the fol3awing functions: {a] Obtain, maintain, and ntdnitor aN ^l3A caitifted payroll records subrrmittei~ by the Su6r~cipients and Contractors at any tlerurtder this Award; [b~ Review all []f!A eartifled payroll records for compliance with l3BR requirements, including ,appl'ir„abla QOL wagir determinetians; (e}' Notify 110E of any non-.comp]€anee witfi l~~A naquiremerits by Subrecip'Gents or Contractors at any tier; irttiuding any non-compliances identified as the result.nf reviews.perfbrmed pursuant to paragraph {b} ahrnre, 12 ,: .- .. {d} Addr~ass any Subredpient and arvy Contnectar DBA nqn-cnmplianoe i~ues;.lf DiiA r-an-apfnplienCe',.ssuei ognhot bla i~e8olvecl in a timely manlier, forwafd rnmplalntsssumrrraryof irwestigattons ar~d aTf relevant ~nfomlatton fo []~6; [e] Prbtida DQErVitt~ detailed infarrriativn regardinf~ this resolution of er~y. i78A non- tornpli~ncv jssuesj {f] Perform services in support of DOE irrve~tigstions of aompiaints tiled r~ardlnq nor]~onnplia~e by 5trbreapierrts arx! Cor~tractoorzwith ~1~A-requirements; [g] F'oerfomn auditservices as necessary to ensure oomplience by 5ubrodpients aid Coritractars with OBA rec{uirerrierits aiid as requested by tiSe Cantractin~ Officer, and fir] Provide copies of ell rewnds upon request by QfJE ar l]Dl in a timely manner. {2] All.reGOrt~ maintained on behalf flf #je ~pE.iri 6oCOrtlailoa. With paregrepli {1] sgpve $re-fad.pral government f I~bE].owned records. 15t]>. or an auth~r+zed representetlve shelf ba grunted ereeeess Go .the records at all times. {3]: in the event of;arxi in reaponsa to sny-Freedom of information Act; 5 =U:S.C. 552, requests sut~rnitted to 17(?E, Retiplent shall provide-such records-ta. ~E-withln.5 businesy days of receipt Qf a request From TIDE, 13 ~: ~1 ~ ~ ~ i. it - i; L ..1 Texas Department o~ Housing & Com[nunity Affairs ARR~ Weathexixation Assistance Program Pt'iorl#y List for Single-Family and Stmall, Mu1H-Family Buildings 1. Infiltration Reduction, Maximum chat ^ SSOQ in IECC Tone 4 • 3400 in IBCC Zane 3 • SI90 in IBCC Zone 3B e 5250 in IBCC Zone 2 2. Duct Sealing 3. Attic Insulation • For homes with natural gas space heating and ranm air conditioners, with existing R-19 attic insulation o Insulate to R 30 in IBCC xonas 3 & 4 e Add na insulation in IBCC zone 2 ~ For ail other homes o In~u Late to R-38 in IECC zone 4 n lns~tlate to R-3Q in II;CC zones 2 & 3 4. Cl~[,s S. Stuart Thermostat • Clionts must be educated aiaout the therntcsstat's functionality ^ Is not be warranted if clients cannot be adequately trained 6. Sidewalllnsulation • insulate wall cavities to R-15 7. Refrigerator Replacement • Meter units prior to replacement to meet 1 a% rule • Pt+e-I493 units can be replaced without metering, as Long as the year of manufactture is documented Replaced units need to be de-manufactured. Materials need to ba recycled. Refrigerant needs to be reclaimed. S. 1=1oorlFoundatian insulation • Insulate exposed crawlspace flours to R 30 in 18CC aotte 4 • Insulate exposed crawlspaee floors to R-14 in IBt~C zone 3 • Insulate exposed crawlapace floors to R-i I in IBCC none 2 9. Sun Screens in IBCC zones 2 & 3B (Abilene, Bl Faso, Midland, 8c 5an Angelo} ^ Bast-, west-,and south-facing windows are cost effectir+e when the cost is 5490 per square foot or less. 1 U. Heat Pump Replacement • Replacement cart only occur in all-electric home; carnal have gas space heating, including space heater, fltrnace, ar boiler ^ Name trust already Ita~e ducts Texas Priority List-w.doc Created an I21I 112009 4:05 PM E7LHIBIT t, .tt- P51o~s Texas 1Dei-artroent of Housing & Community Affa#rs • Manual !calculations must lte completed to appropriately size the heat pump with higher order Weatheriaation measures included • Must have existing equipment in place ^ Heat pumps with a SEER o€ IU.t} may be replaced with equipment and installation costs limited to ^ $3,SQQ in IECC zones 3 $c4 ^ S2,5D0 in IECC torte 2 + lqv replacement of room air conditioners {RAC) }!'central air cottditianer or heat pump are replaced • Replacement room aix~oonditioners a Cnly C3~teral and High-use RAC are cost-ef>f'ective to replace ^ No more than three roam air conditioners can be replaced per home ^ Replacement RAC{s} must have an IxER of 1 i+ a Maximum of $150 for RAC in IECC done ~4 for 6.g kStvlh o Maximum of $175 for RAC in lECC done 3 for 6-S kStultr a Maximum of 5225 for RAC in Il~CC done 2 for b-8 kBtulh 1 ] . Water Heater Replacement • Replace electric tank water heaters with heat pump water heater (HPWH}. • Household $hauld have a minimurrt of three persons, ^ Replacement cost is limited to Sl,5tH1 ^ Replacement HPWH should have warranty of at least 1~ years • HPWH must ftavc an EF of at least 2.~ • If home dues not here air-conditioning, HPWH can only be installed in exterior closets or other unconditioned spaces. The HPWH requires protection from the elements. + If the home has air-conditioning, HPWH can be installed in conditioned or unconditioned spaces • HPWH wi11 need: ^ a condensate drain o adequate air flow for Tito evaporator ^ Avoid replacing water heaters next to sleeping spaces since the compressor will create noise. 12. Misc~llarteaus Repairs • Maximum cast of 54fl4 ^ Includes costs related to installed Weatherixation measures * Materials include lumber, shingles, f]ashing, siding, masonry supplies, mirror window repair, gutters, downspouts, paint, stains, and sealants. trtslances, for Carnple~litg Site Specifle ~'-eer~y Audet • Ducts in the crawlspace a Heating is other than natural gas, propane, ar electricity Texas Priority List-w.doe Greeted on 121] I12UU9 4:DS PM ~~a~s TDHCA A1~A i~VAP Privritication Counties by ~orae Zone ZA Anderson Carnal Houston Nucces Angelina Corycll Jefferson Orange Aransas DeWitt Jinn Hagg Paik Atasrosa Duvai Jinn Weils Refugiv Austin Falls Karnes Robertson Bastrop Fayette Keneay San Jacinto Bee Fort Bend Kleberg San Patticio Bell Freeatvn6 LaVaCa Starr Bexar ^alvestan Leo Travis 9vsque 4aliad Leon `l~inity Hra~r~ Gonxales Liberty Tyler 8raaas Grimes E.imestane Victoria Hmvks Guadalupe Live Oak Walker Burleson Hardin Madison Waller Caldwell Harris Matagorda Washington Calhoun Hays Mclennan Wharton Casneran Hidaiga McMullen Wiilacy Chambers Hill Milam Williamson Chez<okee Jackson Montgomery Wilson CalQmda Jasper Newton Zone ZB eandera Kinney Real Zapata Dimmitt La Salle Uvalde Zavala Edwards Maverick Val Verde Fria Medina Webb Zone 3A Archer firath Earner Sabine Blanca Fannin Lampasas San Augustine Bowie Franklin Llano 5aa Saba Brown Gillespie Maripn Shelby Burnet C}raysvn Mills Smith Camp CAB Montague Semerveli Cass Hatnitwn Morris Stephens Clay Harrison Nacagda~hes Tarrant Collin H~deraon Navarro Titus Comanche Hvad Falo 1'lnta Upsitur Cooke Hopkins Fanola 'fan Zandt Dallas Nunt Farker Wichita Delta Jack Rains Wise Denton Johnsaa Red River W ~d Eastland Kaufman Ractcweli Young Ellis Kendall Rusts `~~ 3p~5 TDHCA ARiftA VHAF Prloritixativn Zone 3B Andrews El Paso Icing Schleicher Baylor Fisher Knox Scurry Bolden Foard I.vr+ing Shackelford Brewster Gaines Lubbock Sterling Callahan Gana Lynn Stvnewal! Childress Glasscock Martin Sutton Cake Hall Mason Tayivr Coleman Herdsman McCulloch Terrell Coliingawarth Haskell Menard Terry Concha Hemphill Midland Thmcktnorton Cottle Howard Mitchell Tom Green Crane Hudspeth Motley Clpton Crockett lrivn Nvlari Ware! Crosby 3ePF Danis Pecos Wheeler Culbersnn Zones Pnesidio Wilbargar Dawson Kant Reagan- Winkler Dickens Kerr Reaves ECtor Kimble Runnels Znae 4B Armstrong Deaf Smith Hockley Farmer Bailey Donley Hutchinson Patter Briscoe Floyd E,amh Randall Carson Gray Lipscomb Roberts Castro Hale Maa3re Sherman Cochran Hansfnrd ~chiltree Swisher Dallam Hadley aldham Yoakum ~~ ~ ~F ~ a pg 5~5 rw ~ 1 Ol .~ °~~ m :,~ $ ~~~ ~~ ~~ ~~ ~ ~ ;~ ~~ ~ , ..r .~ R o N ~N qW~ g W ~ v ~ ~ ~ ~ ~ ~ ~ ~' 3 S ~ w R: cn cn [n to ca w a L, ~ ~ ~ y. ~ ~ ~ ~ S, ~ ~ CSC W N 9a fy/'~' ~ 1 a c~ v v v o v v ` V ~ h ~1 ~ ~ `1 t" ~ ~ ~ R V ' ~ 1 s Q ~ ~ ~ p1 ~ ~~ ~ ~~~. r ~ ~' g ~ ~- ~~ 53, 3' d .~ EJCHIBIT . ~s m w R+ 'a G c ~' ~~,:~: ~. ~ ~ Q m ~ ~. ~ a ',~: '~53Ss' .~' :ry~;> w~ 's~. N ~ A N X Lb N x # --~ x ^+ ~ x 00 -* ~j b5 ~ ~ M ~ ~ ~ „} a .~ O [+~I~- W ~ 4J U -. ~ ~ ~ ti~ r, ~ ~l ~~ ` ti 1 4 `~ ~ D , Q cs o G a ~ k• .~ ~ ~ h ~ ~ ti! ~ V ~ ~ d ~ .. ~ v 4 a v v cy o a ~ ~ ~. ~ ~ ~' t0 Rl 1'F7 B"i ~~ ~~ ~g 8 ~. ~ ~_ .~ C C ~ ..f .. :.j i ~ ~ ~ ~ ~' 'D ~ ~ ~ ~ ~ ~ R3 ~ w A W ... ~ ~ ~ ~ ~ iG rY' ..l Q ~ rd J p ..- C r~ O ~ ~ L.~ ~ C S ~ Vg ^ ~~ ii tV ~ ~~ n. ~ ~ ~ ~ ~ ~ N ^ [~ A`~'j ~ ~ ~ ~ ~ ~ ,~ ~ ~ p wv ~~ ~ ~ ~ t a c+ Ky p a o v a o v 1+., Vii ~-,,. ~ ~ ~ _~ ~ ~ a c to a a o p a v a ~" `G _~ _ ~ ~ ~ ~ ~ € ~ ~ m _ N C ~ _ C C C ~ G a v a o rs ti ~ ~ +` ~t ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ r~ ~ 4 .. Q ra n o nl v~ a a ~ ~ ' ~! ~ ~ '~ a . ~ ~ N ~ ~~ ~ ` ~ , ~ ~. ~ a ~ ~~ ~ ~ ~ ti ~ v a o 0 o a o N ~ v a to ~: C ~: ~~ H .» a ~. ~ A tf' ~. m ~ ~ ~ ~i ro S ~.• m a ~~ ~~ r' ..rv IiS "'¢ c W ®' -~ c L7 ~ `• ~iS ~ v v -~ T t7i n v C) wi '~ m 1 o C ~O R1 D C7 'O n N C] g ~ r ~~ --~ a ' 2 ~ ~ °~~ ~, a+ ~• ~ _ ~ 7 ~ ~ m ^SD ~ ~ P . w cn ~, rr to to cn cn ~, ~ ~ ~ ~ `~ V r ~ ~~ ~ ~ ', ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. p O O 4 o a d d C] o t. ~ ~ ~ t+S ~ 5 ~ 5f ti ,' S `~~ ~ ~ ~ ~ V ~~ ~ '~ ~ ~ ~ °1 O_ 4 G C7 _ d Q 0 0 0 O } O" p~ i5 1~ ~. Ii~ A=A ~ j ~ ~ ~ A7 N p S O S S S. ~ O {, ~ ~' ~ ~ ~ ~ ~ ~ ~ ~ cn en to v~ cn c°Dn a v v ~, ~ ~j ~, ~ \ ~ ~ t ` ~~` ~ ~ ~~ ~ ~. a ~ f='s ~ ~ ~, _ ~ ~ a -~ C r ~ t o v o c a v o c a ~V~~ ~ ~ ].J ~ ~ , V ~ , ` ~ F- ~ ~ ~ ~ V d ,' ~ ~V ~ ~ ~' - ~ - ~ ~y C. a ~ ~ 4 3 ~ ~~ . ~ O O o G 4 O O O O N ` w y }Y~` g~ f ~A Q C ~ ~ ~.:;, a ~~~ ~ ~ ~ rr ~~ ~ m W ~ 9 t Q n 6~ a ~' a g w ~. L~~ 4 .; l~ Y! }~ S ~m° F N A4 O T C ~ ~ ..... ~~ M 4 Q~ V xy_~x 7• m • ` . ~ • , ;' lrt8ulaffon-invfud®e islxking db. Attic Inaulalian Agfa_ InsulaligA bat Nlsll Insulation FtaCr'lnsulation tnautalian aT attic hatch ~ venRtattpn gat11B vents Btat+C VentB InstaiatlGn cost per bag inataUatian vpa! par haft ira9taliatlon Last per aq. R. lrrataljaiivn GDSi per aq. it. lahar to lnsul9Uan attlc hatch cast to Install gable went GGa! tG install stattc vent 17vora RtipldGing poor, to indUde dno- unit, rvG~ceBt, deadbon, nor viewer,.hftlgett, and stain FtepeMh-g Dotty Windows Wlnddwa.ReplnGarr:ent t:nsl per wstdow to irlsialt f3epair YYfndow Cost per window w repair Rt3pleCetnant C31$ae CUat.per aheal of glass $tar[n IM1IindUws call per s[vm1 to install Wet9tnsrstripping tarp-up cost to lost@N Jam•up tt+rasttald Ghat 1a install threahvid dao[ ttotiom east to inetatl door hoitvm Mi'aCSVaneoua infAiration foan3 tape cast per rttti b Install cauAc oast per lutte lD install vratl & outlet lnsulatvrs cast per insulators #o install gaskel,oavArB door atop! inst811ed opSt per IinAar it. Instefietr Fie~lth $a $a{ely C4 deteotG[ OUSE per deteCl0r t0 inslau 9rnake ttetectar coat per detector to inslslt val'Itlrl!} wBtBf #la8lar 008E t0 irtBtall ventlr-g ventlrtg water FtBaler! cost to hued Closet and install venting mat. buHdktg Closet included Itepaira shlnQle rvaF list rvUls Cast per 5 gallon U1 roof coaling Inslallod ahaetrock-inchtdas tnping oast per sheet ineialfed and pa}nting rnlsc, tutnher repairs poet per sneer f#. r f._;: i` •`j• .. ~~: l~S n r- Attachment 1-b City of Gorpus Christi Haa#ing and Gvolirtg Price iIARRAf i.is# Sills are far material listed. No substitutions are ailawed. All #ietds moat be oom feted. ~..s~ afar a ST. PRICE PER ITEM Bid UNIT Matarlal and Ir~kall qTY Extension L PER UNIT HOUR _ MATERIALS LABOR w~T+~ns x anr~•axr . Insulated to 1"Thick ~~ ~~ ~" ~ Per 1 Gr , ~,D~y ~ ~ .3~' - ~ ~ sheet Duotboard 1" 2 • Per al Mastik 1 ~~~' '~ ~~ 5~ ~~r~ Per roil Metal Duct Ta ~ lQ~ ~ ~+~ ~ ~~ '~ 1=A. +t"Kt3" R Istar #loor wall or ceilin 1 ~i1''~ 3 3' ~ ~~ ~ >=A. 4"x16°' Re later #loar wa11 or ceilln 1 ~.]"•' :35~ ~ ~~- ~ Per ft. ~" re lace ilex duct 8;tic ar flay 2 ~ ~ ~'~ ~ ' Per ft. B" r lace #lex duct attic or floor 2 r ~ ~~ ~ Per ft. 8" rre lace flex duc# attic or floor 2 ~'~ 1 • ~ o Per ft. 10" re lace flex duct attic or floor 3 7_ ' ~a~' ~ OC7 ~ Per #t. 12" re ace flex duc# attic or flcar 3 ~' 1• ~ 1 ~( ~~f' ~ ~~],' ~ ~-' EA. 4 tan condensln unEtlarmor flex , ~7~' ~ ~~ ~ f r `f 7J f EA. 5 tan condensln unitlarmor flex 1 9 ~ ~~~ ~ ~ ~ ~~~ r' ~ 7 ~' EA. z tan condensin unitlarmnr flex 1 ~ ~~~' ~ ~' ~~' ~ ~~ EA. 2.5 tan condensln unitlarmcr flex 1 r 1 ~ D~11~~ ~~~~ y7p' EA. 3 ton condensin unltlarmor flex i `~ Z~~' ~ ~ ~ ~ j + ~ ~ • EA. 8.5 ton condensin unitlarmor flex 1 L:A. '# ton eve oratin coils 1 ~ ~~~1~ ~-]~ti~ 7~ r~ ~~~' ~ ~~t~ ~ ~~; ! EA. 5 ton eve oratin coils 1 ~ ~ ~.1. ~~i~~. ~ 3~~ i=A. ~ tan eve oratin coils 1 1 ~ti l ~ ' ~ i '" ~ ~{ EA. ~.5 ton eve arati coils ~ 1 C~ ~`~~ ~ ~ ~~ r ~~~'r EA. 3 ton eve oratin coils ~ ~ ~ ~ a '~ ,~'~~ ~ ~ ~ ~~~~ EA. 3.5 ton eve oratin coils 1 TOTAL Bit] E][TENT103d tPage Sub- total] ti.~ !~ .'rY~~~H,. . a ~.: k:rt1: G~TY. ran i ~; rapt [:~ ._. F~n ~+ it,r, cc~m •i7 I'n :r 1F711 rnm_pr 1'~A :i '.+ thl ti ,4plYl :~~:, 1:n 1rnslnE! ftl11N .__ .: 1_n s:IrAr~nlSe F.n t :Faar~rt r~r[~ SBr~•, f.-11 _ l~~~rii c~Etd sot to 1[~:!Ir~on r n ~ ~, st[rtf r;~i~u, w r n r;,slrtlt ~i.T~l,l1h-lri 1:n 1~,s~no ~3_ ~'~ AtfieChr'1'!r.-.. - ~- ~, . '~ ~ v~fur;: Chrts~4 ~r---.' ~ ~ :~ .~ov~ing Price [ARRAj Llst .;- ~. ~~'~- ~~r~~ P1~R i~em era f~~'Y _ _ 1»7[t@nston 'r~NTIG~N .f: .. , -~.+~~{'..~r~1AF.~ !.A®OR nrar+tAax ~ " Qnr~~xr . _:~.._._.: ~_-w_...__ . i ~. i J ~~ ! r ~ ~~ `y~` • ., ~ ~,.~~~ ~`~~a ado rk i , ~' ~ __-._._._ r----- -T :: :f ~ d[~nd~7sln •~ i~ ~ 1 ~Gy . .• Y. L't'laorif{~ _...._.^..._.. ~ .sue -__ 6'!~- rjl® ~ y~ e 3 ,] i .~. ~ , , ir~o- ~~ - .-new fiitar _. _~ _. ~ .. _ . ~~_.. _,.__~ ,'~ ~ ~l Ly ........_.. i. .. .. .__... i i .~ -=W~j~`$pb-total} ~~ ;: }r ~... _ -~~~.. •'r. . '-'_'+' ,~r~.`LStF ~.._ ti Heeltin ar~r.~ ': .~.cs I~rice ~ARRA] List ~ ~, . ~-__ -, - - - PRICE PER ITI~M tlllll'I' CJ,'i .' E;.xtensifln E~~,r. Qrr.~ ~-Q.~x~l~I~r~©~s ~~ .. ; ~~_:~ 1J~iIT . , ~rou~ ~~~ .. . . -:~~~ ERIA~S t.A~D#2 arts,.aexa rn~exT ,- , w~ ~~ n ~i~~ & float . _ i~ Dr - t A . - ~~ Ut~t1=8 _._- -___. t~sm fate _ _~_ ~ -_. ~_»~~ S~+ ~ .~f ~ s• f .~ 3 .t]D~-8 4~r, a _ ` 1 ~ .~ i ~ ~' I ~~~ :A #13 In 'I.. ve .Motor - ~ ~ ~~~ ~~'~ 9a ~! 4~' ~ ~'~ A ,~~ l~, ~' ~ -: 471Jy F.V$ 1YfQt~~ -... _-Y ~-.--- ~~~ ~ ~~ ~ ~, ~~~I ~ f I'ni li _ Go~7 ~C fb _ ..__ ..~ - -- __._ ... !Y a~,b ~.~W ,~j ~ ~N" i ~~ d •i I n llr~lra Iron' er frame ~ _ ' _ _... ~ `~' ~ ~~' ° ~ ~~ ~ ~ _ _ . . ~, ... I n filnvver . - :_~ ~ 3xi I ~.~: ~-- ... _. ~ ~~~ ~ w 7 ' ~t 1f~ ~ r' n v I~l - ~ ~~a 's ~. ! •~~ rs ~ f owar s ~~i - -~. p -- ' o - - .. - - . ~•:~ _. _. r n 11r-aaEprov _ ~ i ~ 1~ ~'~ ?~ 1~' ~~r r ,... ...._... ~____. I _..-. . ~ ~ ~~~t• ~ ~ r ~~ r I n ~s~hrn~rlne ~ 1b 1 y ~~`~ ~ "D' I n x I•~Irtttflc roof ~ 1:~ . 1• ` , - . ~ 7 ~~~,. ~~I ~~~~~ w. ~ ~ . ~ ----...- ._ ._ -- i It I n [llsirlhutar -' ~~'~ - - __ 1.._ ::~ ~ ' ~ Fs ~,- I n .; th 1° ~ . ._ 1 i _ _._ ~ v` ~'~ ~ ~''-~' ~ ~' ~~ ~~ row aw c :. x~5x . . - ,f a ~~ ~~ ~ ~ ' ~ ~ iV( I n I ~~ ray Axed . 1: __. ~_._. ~ ..__. E'A. lfrrras fHt{n ii4. ' z .P 'fQTAI.Bl~ ;x:: N''=:Ij#~I'~e'Es9uf~-tntelij =~` ~, ; r, x• _• ~i~1-o# C~rp~l~ G~•:t•~~~. , ..... ,, r.rra ~:vv1[ng Price tARRA3 List r~ I r2:: - ;; ,! : - E T•.~~~.} .., . ~ .-~.rii~fGl= PAR ITEM Bid LIl~i17 [QTY M1ea t 1"xtt3ri8 !3111. „~.,. ~.....~~ •~.=r.;i~11= ... .. Ir.. Cs~te~-i,.u 1_A$DR em•~xr ...i_r. LA. :i'r,flllt713•CU. nsctiorla ~._~,.._ ~ ~r ~' ~,$~ 3 '. ' _ ~ i EA 'd I,lltill i37 - neCtions ~ ....._. ~~ a ~ ~ f3~ ~~ ._ _ , Bpi li~ii IxifRbf ~ ~ ~~ ~f ~ '7 7~1 ds LII. 1~rlurUp ill ~-~ .._..._...... --~~-` ~f~ S' ~ t~ l:n. '3111 •.-+ wti~ tii9 ` _.._ L__._ . f ~~ ' ~. '~ 1~n .~_._-- . En t:tttll-13tH} _ il•~. ~;: _....'.._..-f--- o-;:r 1-A I i~tiH ttuvEtt:1~ .._ i.....- ~_ _ ~.'~r_¢ ~~1' ~ 1 y. y,. i• n 111Itu t![i[li~l I'61~ ;;~~,`~:~~:: . _.. ~ _... ~ _ ~~ ~ .~J i ~" s.~; .r • - .~.~ ~ ~I,. i"n i I1111Nt¢I mars :`- '~~ ~: _ _..M. ' ~ ^~ r .~ Vsttvli8 111~C. ~::-: ' 1:=n I:IfI11nE11111ftiB a~_ _" ~IV~~ ~ ~f r 7~~' t:n. I i' I:rxltl~f film ~ ..~.. _~.'....-...#.~~~~~ ~~a ~' ~r¢ r I.. f' 1 klllltlt3 wal! ___.___ .._.~__~_~_ g ~ p Ian E I n urlClt 11v1'N1BtY .?:,'':'4: ^ _ --- ?- - -- ~ I~---:~' .:7'~' °~ `.y~r~ 1~ 1 i Irl" iliUllial~lOli• 'Y• ~__.....^ ~' ~-_. '..~ff '~.... ! a" ~~~vv 1= l , '"' IIL`silltltiUR ptir - '~ N~ ' F _~ ..... r' ._...'.»...1. ± ~~ $"' I i"n luul~u:u tai tail ~; ';. - ._ _.__ ..~ ~ ~ ~ ~• ~~ ~~ f_!1. lUlltllllt] 11t1li1B ~ ~ uffl _~,,. - ..__ ; .~~~~ .~ 1.=n I :Itrnn. (:ra1k liGO. - __ __... 3 _.. ~~ `!' ~..r ~~~11 ' ~~ . - ; - - _.._. __.~. w _. ff.~~ .- --- ---_-~ _. ..._ . _ - •t- 7 _ _ ...,.. _.._.....---- .... E ~ Tom' ~' ~ ~... ra•rni.l~liu ~ y .•£,~P~I¢~~$ab-total) ) ~ ,;. ~, ~'T.~ . ,,~. Fn rn ~n r-'r „ sY ~~~~t~• 3 =~#ty ~ i~ivrprus 1Ni~r3~~; 3~?~~~`~:-.- :.-...: ~:~~talir+~ Prlca ijARRA) List t f=~~;~'.~, -• .~FpF~iCE PER !'TEM . "~~~ ~ . Q'fY. ?( ~]['f'1nN7[C3Cd =.,v . '~iM HOUR - • ,.. ~. ~':.:,~:'FE:RIALS .~, .'. LAE3vR MAT+I.AB x RTY=ExT I •v~ar. [:nnlsr ~} ~ z ~OC# ~iGv to 230 itr•+ tinftar Bxt3:tgl .~ f ..'..._. _ .._ i ~±. ~ ` ! ~~r~ ~` `~ r f ~' `~~f f ~ `~i ~Or ~ ...- .. ~. _...._.. .._..~.,,... --•-..._ - • ... i j~ ~ r~~v I rt-~+ diffuse[ 1. --'- ~~-:~~ _.7AxB _-- ..-_ ~ __ ...~._..___ ~Ir F~incfri~l • v~r I~ ~'~~ ~ ~ ~~'~ I~~ _. :+° Il" F][1 dB 11 e1i]nwA .... ... ... ~.-.._,..~__c~` 1'r r~ _..... .-. .-. - r~ ~ ~'7~ srU f _ _ f .. -. ......-.-. ...-._~ y• ._.._.~..» -___... ~- ~....- ......r _. - - 1 . - i. ~: ~ .: .. ~'P' Attachment 7-b -~,~= f City of Cvrpua Christi Heating and Cvniing Prise ~AkRA] Lint ;''~~r ~3 [': r U V [x G u e { u ~~ ~~P x x ~. -- nn Vr ~ ~ ~ C a j .. '~, •- ~ ~ .~^ p `r ~. r ~ ~ ~ t ~~ ~ W Q ~ ~ ~ . ~ ~ ~ ~ x 4 ~ I ~ U rA I Ir I 7 r A N ~ M ~" oo ~ Qg~ v]` ~ ~ o x ~, ~ n ~~ ~ W ~~ 0 k1! ~ {{ l~ ~ d 0 h D ;~~{; . ~j ~r .. ;~ . .., a ~ i -: -:fir 9 C: C: C M ~ R1 7 ~ D ~ ~ ~ ~ ~ n ~ m ~ ~; ~ [~ ro ~ ~ ~ °~ ~ Id -~ ~ ~ w t~s s ~ 4~ s s o ~' ~ ~. a ~ ~. R ~ ~ ~ ~ ~ 4 f F F 1 ~ ~ ~ o TM ~ ° 4 ~ ~. ~ ch ~ ~ ~ ~ Q ~ ~ x ~ ~ n ~ ~ f `i ~ ~ .~ 0 ~~ ~° ~~ ~~ 0 Q [7 ~. I ~ r J' i; ~. - ~ is C ~`i i> r ~' c r U. C r. t: u. ~ ~ ~ a ~ ~ n ~ a` ~ ~ ~ o ` G ~ ~ ~° ~ ~' ~ y ~ ~ c ~ ~ ~ c a o r ~ 3 ~ ~ ~ t ~ ~- IJ H I i M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r n ~ ~e -~ + n w~ 1 n a b 97 a ~~~ ~~ :. ... ~' ~ ~i ., c CI. V. U. w i/. r r. n v la ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i N ~ ~ n ~ ~ ~ b 1 .~ 4. ~'y ,~ _ Z ~. ~ ~' ~ U _ ~ ~ ~' 4 ~' ~,~, ~, r o ~ , -~ ~ W d D z~r<< CJs ~. .. ~~ .. •, f. 1 CGN C LIABILi Y URANCE Contractor must not commence work under this agreement until all insurance required herein has been obtained and suc insurance has been approved by the City. The Contractor must nct allow any subcontractor to commence work until all similar insurance required of the subcantractc has been so attained. Contractor must furnish to the City's Risk Manager, two {2} copies of Certificates of Insurance, ahawin~ the fallowing minimum coverage by insurence company{s} acceptable to the City's Risk Manager. The Clty must be named a an addittonal insured for the General liability policy. A waiver of subrogation in favor of the City of Carpus Christi is required on all applicable policies. TYPE QF INStfR-4NCE MINIMUM INSURANCL~ COVERAGE 3d•Day Written Notice M Cancellation, non• 8adily Injury and Rroperty Damage renewal, material change or terminatlan required ifor all pollclQS - certlficatss CCMMERCfAL GENERAL I.tABILI7Y including: $300,Q00 CaMBINEta 51NGLE LIMIT 1. Commercial Broad Form 2. Premises --Operations 3. Products! Completed opera#[ons Hazard 4. Contractual Liability 5. Broad Farm Property Damage 6. Independent Contractors ALJTflMOBILE LIABILITY-AWNED NQN-OWNED $30Q,Q00 CCMBINEI3 SINGLE LIMIT OR RENTED PCLLUTIDN LIABILITY $1,0OO,Ot70 CQMBiNED SINGLE LIMIT WHICH COMPLIES WITH THE T!r)CA5 1NCRKERS' GOMPENSATIt?N VlfaRl(ERS' CCMPi=NSATIQN ACT AN^ PARAGRAPH 11 ^F THIS l=][HIt31T EMPLOYERS' LIABILITY $10Q,0001$50Q0001$1fl0,Q00 In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accident within ten {1 d] days of any accident. EXHIBIT r,. M ~• ADDITIQNAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company In accordance with Texas law. The contract far coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B, Contractor's financial integr[ty is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain In full farce and effect far the dura#ion of this Contract, and any extension hereof, at Gontractor's sale expense, insurance coverage written an an occurr®nce basis, by companies authvri~ed and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive.cvpies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, ar modification of particular policy terms, conditions, iimitatlons w exclusions {except where policy provisions are established by Saw ar regulation binding upon either of the parties hereto or the underwriter of any such policies). Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of Insurance to City at the address provided below within 'it) days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article steal! be 91ven to City at the following address: City of Corpus Christi Attn: Risk Management P.Q. Box 8277 Corpus Christi, T>< 78!{89-9277 (381 ] 8284555 Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain ^r be endorsed to contain the following required provisions: o {Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or an behalf of, the named insured pertomned under contract with the City, with the exception of the workers' compensation and professional liability polices; • 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 spawn on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide #hirty {3oJ calendar days advance written notice directly to City of any suspension, cancellation, nan- renewal ar material change in coverage, and not less than ten {tOj calendar days advance written notice far nonpayment of premium. E: .Within five {5y calendar days of a suspension, cancellatavn, ar non-renewal of coverage, Successful Bidder sha11 provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractors performance should there be a lapse In coverage at any time during this contract. Failure to provide and to maintain the required insurance sha11 constitu#e a material breach of this contrac#. 1". In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance ar policy endorsements to the extent and within the time herein required, the City !pall have the right to order Contractor to stop work hereunder, andlor withhold any payments} which become due Dp Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages tv persons ar property resulting from Contractors or its subcontractor's performance of the work covered under this agreement. H. It Is agreed that Contractor's insurance shall be deemed primary and non•cantributory with respect to any insurance or self Insurance carried by the City of Carpus Christi far liabitiiy arising out of operations under this contract. s' - ~ ~ i ' ~ .~ , It is understcod and agreed that the insurance required is in addition to and separate from any ether obligation contained in his contract. ~--- SUPPLIERNUMBER ti TD BE ASSIGNEQ BY CITY "^~' PURCWASINO DIVISION City of Caxpus Christi ., , ExHIEiiT E C1TY aF CORPU5 CHRISTI D1SCL~SEIRE flF INTEREST City of Carpus Christi Qrdinance 17112, as amended, requires all persons ar firms seeking to dv business with the City to provide the following €nfarmatian. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certification and definit€vns. COMPANY NAME: L' 'U -s~~~~-~~ - r~~« P. D. Sox: ~ 3 a ~`~•~ STREET ADDRESS: cJ [~~ C~ 7~ CITY; - C~~ ZIP: .7~~ ~ FIRM iS: 1. Corporation ^ 2. Partnership ^ 3. Sole Owner ^ 4. Association ^ 5. tither ~ ~L G if additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City at Corpus Christi having an "ownership interest" constituting 3% ar mare of the awnersh€p in the above named "firm " Name ,lob Title and City i]epartment {if known] -~~ _.. - f - ~ 2. State the names of each "afficial° of the City of Carpus Christi having an "ownership interest" constituting 3°/° yr more of the ownership in the above named "fimti." Name ~ Title 3. State the names of each "board. member" of the. City of Gorpus Christi having an "awnershfp interest" constituting 3°I° or more of the ownership in the above named 'firm.' Name Board, Commissivri or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of th€s cvntrac# and has an "ownership interest" constituting 396 ^r more of the ownership in the above named °firm:' Name Consultant Page I of 2 FILING REQUIREMENTS if a person who request official action on a matter knows that the requested action will confer an economic benefit an any City a#iicial or employee that is distinguishable from the effect that the action will have on members of the public in general ar a substantial segment #hereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or empbyee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [~thias Ordinance Section 2-3491dy] CERTIFICATION I certify that all information provided is true and Garrett as of the date of this statement, that i have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occ f Certifying Person: ~~411 ~1^.~~~ Title: ~ C~'~~~T" Signature of r} ~ Certifying Person: II ~ Date: ___J "' ~~ -- a~C7/C~ _..._._ DEFINITIONS a. "Beard member." A member of any board, commission, yr committee appointed by the Cify Council of the City of Corpus Christi, Texas. b. "Economic benefit." An action that Is likely to affect an economic interest i# it is likely to have art effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employer! by the City of Carpus Chris#i, Texas either vn a full or part-#ime basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce yr deal with a product or service, including but hat limited to, entities operated in the farm of sole proprietorship, as se#f-employed person, partnership, corporation, joint s#ock company, joint venture, receivership or trust, and entities which far purposes of taxation are treated asnon-profit organi~ativns. e. "Official."The Mayor, members of the City Council, City Manager, €7eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Carus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such in#erest is held through an agent, trust, estate, or holding en#ity. "Constructively held" refers to holdings or control established through voting trusts, proxies, yr speoial terms of venture yr partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi far the purpose of professional consultation and recommendation. 7 cj° a-~~e. Page Z aP 2