HomeMy WebLinkAboutC2010-157 - 5/25/2010 - Approved
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CITY flF CURPUS CHRISTI
Neighborhood Services Department)
Community Development Division
Agreement far Weatherizatian Assistance Program (WAP}
Construction Services --Energy Efficiency
Section 1. Parties tv Agreement
This agreement {"Agreement"} is made and entered into by and between the City of
Corpus Christi {"City"} and B & ]Services ["Contractor"), a Texas general partnership.
The parties tv 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. Ali performances and
obligations by the parties tv this Agreement relate tv the U. S. Department of Energy
("DBE"} and the State of Texas Weatherizativn Assistance Program ("WAP"}, as
administered by the City.
Section ~. Agreement Period
The period for performance of this Agreement shall commence May 25, tai a, and be in
effect for a period of one year, unless sooner terminated under the provisions ^f 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 2D09 ("ARRA"}.
Section 3. Contractor's Per#'ormance
{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"} only a5 set out in Exhibit "B,"
both 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 DOE 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 fallowing performance
criteria:
{1} At all times, Contractor shall have qualified personnel who are
able tv understand and follow the WAP and ARRA guidelines.
{2} Contractor shall have a full and complete understanding of all
applicable D~EITDHCAIWAPICITY program regulations,
procedures and standards and must operate within established
2010-157 federal, State and local program requirements.
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B & ,] Services ~~OG~~
Agreement for Weatherization Assistance Program {WAP}
{3} As per this Agreement, Contractor will only be reimbursed for
D~EfTDHCA eligible materials as specified by the Priority List
(Exhibit "B"}.
{4} Contractor shall not be reimbursed far dwelling unit expenses in
excess of the established per case maximum materials and labor
cost.
{5} Prior tv undertaking work, Contractor shall receive a written
authorization from the City. Contractor shall not proceed with
weatherization work on any dwelling until authorized by a
designated staff member.
{b} 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" condition.
{7} Contractor shall not permit any self help heating or coaling work
by clients under this Agreement.
{8} Contractor shall not delegate work under this Agreement to
another entitylfirm without prior written approval of Community
Development, a division of the City's Neighborhood Services
Department.
{9} Contractor shall obtain and pay necessary fees for all required
permits and inspections and furnish a copy of all receipts to
Community Development.
{lU} Contractor shall provide detailed, program-required assessment
documentation and detailed and itemized cost statements for each
dwelling unit far work completed.
{ 11 } Contractor shall not enter into any side, collateral, or ancillary
agreements for additional work on any dwelling unit or far the
provision of any materials beyond those specified in the Priority
List at any time prior to the final inspection or where notice to
proceed has been provided and where labor is to be performed or
materials are tv be supplied or installed.
{ 12} Contractor shall not be expected to perform services in a health or
safety hazard environment. In the event that Contractor believes
any dwelling unit or building may constitute a health or safety
hazard environment, Contractor shall promptly notify Community
Development of same.
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Agreement for Weatherizativn Assistance Program tWAP}
Section 4. Additions! Contractual Requirements
(A} Contractor agrees tv the following additional contractual requirements:
[1} Contractor shall prepare a separate file, including all applicable
information, far each dwelling unit served.
(2} The material and labor price for each item of work shall be the
preliminazy 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, 2D1 d, by 5 p.m. The
final bid price sheets to be submitted by Contractor are subject to
acceptance by the City. This Agreement is expressly contingent
upon Contractor's submission of, 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 material
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 tv perform
and document heating and coaling assessments in accordance with
program guidelines.
(4} All heating, ventilation, and air conditioning ("H~7AC"} work
completed by Contractor shall be warranted for one year from the
date of final inspection. Contractor shall, within 10 working days
from the date of notification by the City, correct any discrepancies
or 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 or misuse of materials,
fire, storm, vandalism, theft, ar other damages that are clearly not
the Contractor's responsibility.
~S} Contractor shall give federal and State funding agencies and the City,
through their respective designee, access to and the right to reproduce all
records pertaining to Contractor's performance under this Agreement.
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(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 are closed. Contractor acknowledges that this requirement is
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Agreement for Weatherizativn Assistance Program (WAP)
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. Na draws or
advances will be provided under this Agreement or any subsequent
agreement.
(B} Before submitting a cost statement and in~oicelrequest far payment,
Contractor shall ensure that all work far 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 34
days of submission, contingent upon the City's timely receipt of program
funds from TDHCA.
(E} City shall not be liable for any casts incurred by Contractor in the
performance of this Agreement which have not been billed to the City
within 30 days following the termination of this Agreement, along with
any extensions or renewals hereto.
Section 6. Insurance and Bonding Requirements
(A} Contractor shall, at all times while this Agreement is in effect, carry
adequate general commercial and auto liability insurance cv~erages for
personal injury and property damages for purposes of protection against
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 tv
this 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 shall accordingly revise its coverage within
thirty (3D} days of written notice tv 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 ^f
coverage before performing any work under this Agreement.
Section 7. Agreement Administration
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(A} City shall process and verify applications for services from prospective
clients and will make the determination of eligibility for the WAP.
Agreement far Weatherization Assistance Program SWAP}
(B} City shall review and approve assessments {as 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 Contras#or
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, ante approved, Contractor's invoices are processed
in a timely manner.
Section 8. Independent Con#ractar; 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 Contractor as an independent contractor. Contractor
expressly agrees tv indemnify and held harmless the TDHCA against all 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. To the extent allowed by law, Contractor
expressly agrees to indemnify and hold harmless City, its officers, officials,
employees, representatives, and agents against al! injuries, damages. claims,
actions, suits, and any disallowed costs yr other claims asserted by any person,
including third parties, in connection with the services to be performed under
#his Agreement.
Section 9. Authority to Contract; Legal Use of Funds Cer#ificativn
The Contractor assures and guarantees that it possesses the legal authority, pursuant to an
official motion, resolution, or action passed or taken, to 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 vn
Contractor's behalf hereby warrants that helshe has been fully authorised to execute this
Agreement and to legally bind the Contractor to all the terms, performances, and
provisions set forth in this Agreement. Contractor certifies, as a condition tv receiving
funds under this Agreement, that the funds will be used in accordance with State and
federal laws.
Section 14. Known or Suspected Fraud or Abuse
Page S
Any known or suspected incident of fraud or program abuse involving any Contractor or
Contractor's employee or agent must be reported #v the appropriate program officials
with the DOE, TDHCA, and City.
Agreement for Weatherizatian Assistance Program (WAP}
Section 11. Compliance with Federal Lawl~rder 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 ^f a
conflict between such laws, regulations, and rules and the terms and conditions of this
Agreement, precedence shall be given to the Iaws, regulations, and rules.
Contractor agrees to comply with all requirements of the Equal Employment Opportunity
Act {41 CFR Part 6~} 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, color, religion, sex, national origin, age, handicap, yr political affiliation
or belief.
Contractor covenants that neither it nor any member of its governing body presently has
any interest or shall acquire any interest, direct ar indirect, which would conflict in any
manner or degree with the performance of this Agreement. Contractor further ca~enants
that, in the performance of this Agreement, no person having such interest shall be
employed yr appointed.
Nv person who is an employee, agent, consultant, officer, or official of Contractor and
who exercises yr has exercised any functions or responsibilities with respect tv
Agreement activities yr who is in a position to participate in adecision-making process ar
gain inside information with regard tv such activities may obtain a personal or financial
interest yr beneFt, direct ar indirect, in any Agreement, subcontract, or other agreement
with respect thereto yr the proceeds there under, either for themselves yr those with
wham they have family or business ties during their tenure.
Contractor's employees, officers, agents, and consultants shall neither solicit nor accept
gratuities, favors, or anything of monetary value from the DOE, DOE personnel, the
TDHCA, TDHCA personnel, the City, City personnel, or the City's clients.
Contractor agrees that nv funds prv~ided under this Agreement may be used in any way
to influence in any manner a member of Congress to favor yr appose legislation or
appropriations by Congress ar for lobbying State legislators or local elected officials.
Contractor shall ensure that na funds under this Agreement are used either directly or
indirectly in the support of any religious ar anti-religious activity, warship, or institution.
Section 12. Additional Specific Compliance with Law
(A} Contractor shall comply with the requirements of all applicable laws,
regulations, and rules relating to this Agreement including, but not limited
to, the fallowing:
{l} Title VI of the Civil Rights Act of 1964 and all applicable
Equal Employment Opportunity laws and regulations;
{2} Davis-Bacon Act;
{3) Copeland (Anti-Kickback} Act;
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Agreement for Weatherization Assistance Program ~WAF}
(4} Agreement Work Hours & Safety Standards Act
(CWHSSA};
~S} Fair Labor Standards Act (FLSA}; and
(6) Cvde of Federal Regulations, Title 29, Part 1, 3, 5 & 7, and
all other parts as applicable.
(B} Should funding under this Agreement and any amendments or extensions
exceed One Hundred Thousand Dollars ($IOD,DDD}, Contractor shall also
comply with:
(1 } Section 3Dfi of the Clean Air Act (42 USC 187Sh};
(2} .Section Sd6 of the Clean Air Act (33 USC 1368};
(3} Executive order 11738, providing for administration of the
Clean Air Act and the Federal Water Pollution Control Act
with respect to federal agreements, grants, and loans; and
{4} Environmental Protection Regulations (44 CFR Part i S}
5eetivn 13. Suspension and Termination of Agreement
~A} In the event Contractor fails to comply with any terms of this Agreement,
the City may, upon written notification to Contractor, suspend this
Agreement in whole or in part, withheld further payments to Contractor,
and prohibit Contractor from incurring additional obligations for funds
under this Agreement.
(S} City may terminate this Agreement, in whole or in part, at any time City
de#ermines that there is cause far termination. Cause far termination
includes but is not limited tv Contractor's failure tv comply with any term
of this Agreement, any law, yr any applicable DBE or TDHCA regulation
yr rule. City shall notify Contractor in writing of such determination prior
to the fifth [5"'} 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 ^f the Agreement
to be terminated.
(C} Nothing in this section shall be construed so as to limit the City's authority
to immediately suspend performance and withhold payment under this
Agreement in the event the City identifies possible instances of fraud,
abuse, fiscal mismanagement, or other serious deficiencies in
performance.
(D} The parties may mutually terminate this Agreement, in whale yr in part,
when both parties agree that the continuation of the WAP activities funded
under this Agreement would not produce benefit commensurate with the
further expenditure of funds, provided that both parties agree, in writing,
upon #ermination conditions, including the effective date of such
termination and, in the case of partial termination, the portion of the
Agreement to be terminated.
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Agreement far Wea#heriaation Assistance Program (WAP}
Section 14. 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 ar 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, or
conditions of this Agreement shall be by amendment in writing and signed by both
parties tv this Agreement. Nv oral changes are permitted.
Section 15. Notices
(A} All notices, demands, requests, yr 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} by deposit
with the United States Postal Service as certified ar registered mail, return
receipt requested, postage prepaid; t3} by prepaid telegram; (4} by deposit
with an overnight express delivery selvice, 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 Postal Service. Notice by telegram or
overnight express delivery service will be deemed effective one (1}
business day after transmission to the telegraph company ar overnight
express carrier. Notice by fax transmission will be deemed effective upon
transmission, with proof of confirmed delivery.
(C} All such communications must only be made to the following:
If tv the City: If to the Contractor:
City of Corpus Christi
Attn: Administrator, Community Dev
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 82fi-31$6 Office
(3 fi 1) 844-1740 Fax
With a ea~Y to:
City of Corpus Christi
Attn: Director, Neighborhood Services
P. ~. Bvx 9277
Corpus Chrtstl, Texas 78469-9277
~3fi1} 826-3044 Office
X361 } 825-3011 Fax
B & J Services
Attn; Barbara Herod, Partner
5042 Last Creek Drive
Corpus Christi, TX 78413
(361} $53-4x33 Office
(351 } 853-4099 Fax
With a couy to•
B & ]Services
Attn: Jack Houston, Partner
102 Boat Ramp Circle
Mathis, TX 7$368
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Agreement for Weatherization Assis#ance Program (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~ days after the address is changed.
Section 16. Disclosure of Interests
In compliance with Section 2-34g of the City's Code ^f ordinances, Contractor shall
complete the City's disclosure of Interests form, which is attached to this Agreement as
Exhibit "E," and the con#ents of which, as a completed form, are incorporated into this
Agreement by reference as if fully set out herein in its entirety.
Section 17. Confidentiality of Privileged Information
The Contractor recognizes and acknowledges that helshe will have access tv certain
privileged and confidential personal and financial information of the clients, held on 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
this Agreement disclose any such privileged and confidential information to any person,
firm, association, corporation, or other entity for any reason ar purpose whatsoever,
except tv authorized representatives of the City, TDHCA, or DBE.
Section 18. Nondiscrimina#ivn
Contractor shall ensure that na person, an the grounds of race, color, religion, sex,
national origin, age, disability, political affiliation yr belief is excluded from participation
in, denied the benefits of, or subjected to discrimination under any program ar activity
funded in whole or in part with funds made available under this Agreement.
Section 19. Use of Alcoholic Beverages
None of the funds provided under this Agreement shalt he used for the payment of
salaries tv any employee or for wages to any hired worker why uses alcoholic beverages
while an active duty. No funds provided under this Agreement shall be used for the
purchase of alcoholic beverages.
Section 20. HB1196 Certification
Contractor certifies that it does not and wilt oat knowingly employ an undocumented
worker, where "undocumented worker" means an individual who, at the time of
employment, is not lawfully admitted for permanent residence to the United States or
authorized under law to be empivyed in that manner in the United States. If, after
receiving 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,
oat later than the 12fl~' day after the date TDHCA notifies City ar Contractor of the
violation.
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Agreement far Weatherization Assistance Program (WAP}
Section 21. SBGflB Certification
Under Section ~2G1.U53, Texas Government Code, 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.
Section Z2. Requirement to Pvst Notice of Whistleblower Rights and Remedies
Any employer receiving funds under this Agreement shall post notice of the rights and
remedies afforded whistleblowers under Section 1553 of the ARRA.
Section 23. Debarred and Suspended Parties; Certification and Notice
Contractor certifies that neither it yr its principles is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency. Failure by Contractor to adequately
perform under this Agreement may result in penalties up to and including debarment
from performing additional work for TDHCA and City.
Section Z4. Na Waiver of Provisions or Compliance
No right yr remedy given to City by this Agreement shall preclude the existence of any
other right or remedy, nor shall any action taken in exercise of any right or remedy be
deemed a waiver of any other right or remedy. The failure of the City to exercise any
right or remedy an any occasion shall not constitute a waiver of the City's right to
exercise that ar any other right or remedy at a later time.
Section 25. Severability of Provisions
If any clause or provision of this Agreement is held invalid, illegal, ar unenforceable
under present or future federal, State, or local laws, including, but oat limited ta, the
City's City Charter, City's Cvde of Ordinances, ar other City codes, then and in that
event, it is the intention of the parties to this 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 ar provision of this Agreement that is
invalid, illegal, or unenforceable, there be added as a part of this Agreement a clause or
provision as similar in terms to such invalid, illegal, or unenforceable clause ar provision
as may be possible, that is legal, valid, and enforceable.
Sec#ion 2b. Interpretation
In the event any disagreement or dispute should arise between the parties pertaining to
the interpretation ar meaning of any part of #his 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 DOE and TDHCA for matters of compliance,
shall have the final authority to secure or render an interpretation.
Page 1 [
Agreement for Weatherization Assistance Program (WAP}
Section 27. Entire Agreement
This Agreement, along with the attached and incorporated exhibits, constitutes the final
and entire agreement between the parties hereto and contains all of the terms, pro~isivns,
and conditions agreed upon by the parties. No other agreements, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed tv exist or to 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 to 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 Chrlstt, Nueces County, Texas.
ATTACHMENTS:
Exhibit "A" -General Conditions
Exhibit "B" - TDHCA Priority List
Exhibit "C" - MaterialslLabor Sid Sheets
Exhibit "D" -Insurance Requirements
Exhibit "E" -Disclosure of Interests
Page 1 l
(EXEC[ITION PACES FOLLOW)
Agreement fvr Weatherizatian Assistance Program (WAP}
APPROVED AND ACCEPTED: CONTRACTOR - B & J SERVICES
A THDRIZED SIGNATURE
DATE: ~ ' ~ ~ ` ~ ~
AUTHORIZED SIGNATURE
DATE: ~`~~' ~Jla
ACI{NOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL SY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ~-~ , 2010,
by , a partner f 8 & J Services
~"Cont ctvr"), a Texas general partnership.
~--~
STATE DF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
Page 1
(EXECUTION PAGE FOLLOWS}
ACKNOWLEDGMENT
Thi instrument w acknawl dged before me vn ~ , 2010,
by ~ ~~p.,~ ~ , ~, _~ , a partner of & J Services
{"Contractor"), a Texas general partnership.
Agreement for Weatherization Assistance Program (WAP}
APPROVED AND ACCEPTED: CITY DF CORPUS CHRISTI
`Ange scabar
City Manager
DATE: ~ ~ D
ATTEST:
Armand~- Chapa
City Secretary
DATE: ~ ~~ ~
Appr~~ed as to form: , 2~ 1 ~
Eliza t R. Hundley
Assis City Attorney
for the City Attorney
s ~~ 10~ ~~p~,u~~tok~~z~
~ ~~r~c~~ . ~~1 a~~ !~u--
S£~it€'fAR1r
Page 1
GENERAL CGNTRACTUAL REC~UIREMENTS FOR THE CGNTRACTBR
[INCLUDES 5C4PE OF WDRK~
Genera! Conditions
Contractor{s} will attend a briefing to be conducted by NSDICD personnel to assure that
contractors have full and complete understanding of all Texas Department of Housing and
Community Affairs {TONGA} and U.S. Department of Energy (DCE} program regulations,
requirements and procedures. Contractor{s} must be prepared tv ^perate within
established program guidelines. Assignment of weatherization work to a contractor will be
made by NSDICD staff based on a rotation basis & work performed by the contractor must
be completed within three {3} to five {5}days after assignment has been made.
2. Contractor{s} must provide all materials, tools, building permits if applicable, and labor
needed to accomplish weatherization work projects. All materials must comply with the
2x09 Standards for Weatherization Materials specifications {to be provided at Pre
Construction}.
3. Contractor{s} will be required to attend training and technical assistance workshops. The
City of Corpus Christi will reimburse registration fees {if applicable} and per diem tv offend
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 Lobar and any additional requirements TDHCA
imposes above and beyond the federal requirements.
5. Contractor{s} will need tv provide transportation and have a representative on site far
supervision during work, at final inspection of work performed vn each dwelling unit and
participate in the completion of required reports.
fi. NSDICD wilt provide a detailed assessment for each dwelling unit which will determine the
scope of work. Contractor{s} will adhere to such assessments without deviations.
Assessments will 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
^utside the scope of work will not be paid by City unless Contractor{s} have received
written approval from NSDIC^ staff.
7. Contractor must provide itemized material and labor invoices immediately after each
project is completed. Materials standards documentation for weatherization materials
purchased under the WAP {must meet requirements of Appendix A of 1 Q CFR 446}.
8. Must provide proof of general liability insurance and other applicable insurances.
9. All weatherization work must be done to comply with DCEITDHCA requirements.
10. Cost for weatherization repairs is based on Texas Department of Housing and Community
Affairs mandates and funding allocations. Eligible dwelling units are allocated from
approximately $2,5D0 to $6,500 to address h nergy consumption burden.
EXHIBIT
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11. It is the Contractor{s} responsibility to secure job site materials during the construction
phase. Contractor{s} will be solely responsible far replacing materials left unsecured ^r
exposed to the elements.
12. Contractor{s} and staff wilt be required to obtain certification as Lead Safe Weatherization
Workers, Lead Safe Renovators, and Lead Safe Renovatorsllnspectors. Contractor{s}
must have a Certified Renovator on every pre-1978 home. Environmental Protection
Agency will require all contractors to be certified by April 22, 2Q10, or prior to any
construction work performed.
13. All work performed must comply with ^avis Bacon Act requirements and prevailing wage
determinations as set forth by the TDHCAID~L.
14. Contractors must comply with DQL Davis Bacon Act requirements and ^CL Wage Decision
Determination.
15. Contractor{s} shall retain all records for a minimum period of four {4} years after NSDIC^
makes final payment and all other pending matters are closed. This requirement is to
ensure fair settlement of disputes of complaints that may arise, as well as to fulfill federal
audit requirements, specifically, but not limited to: invoices, ^avis Bacon weekly payroll,
etc.
1fi. Contractor{s} are responsible for the provision of and transportation of tools and
workerslemployees tv all job sites.
17. Upon completion of each project, all debris must be removed from jab site and disposed of
at Contractar(s] expense. Construction site will 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 adequate, fully trained, on-site
supervision of all work per#vrmed under the contract. Contractor{s}, why are awarded this
contract, will not subcontract work out to another entity, unless approved in advance in
writing by City.
19. Contractor{s} will report units that are at 9g°/° of completion tv NSDICD so a final blower
door test can be conducted in an effort to save time in the event that addi#ivnal work is
required.
2Q. Contractor{s} are expected to conduct themselves in a professional manner at all times
when dealing with City and its clients. Contractor{s} and crews shall present themselves in
a manner that is helpful and respectful and one which gives the City a good image in the
community.
21. Contractors{s} shall have the financial capability to wait 3D days for reimbursement of
services after date of foil inspection of completion of work.
22. As the Weatherizativn Assistance Program is federally funded, any known yr suspected
incident of fraud or program abuse involving any ContractorlSubcantractor or their
employees will be reported immediately by the City to the U.S. Qffice of Inspector General
for appropriate action.
CONTRACT PRQVISIDNS
City includes, in addition to provisions to define a sound and complete agreement, the
following provisions in all contracts and subcontracts:
City will give the Contractors} written notice of deficiencies by providing copies of reports of
unsatisfactory services performed yr unsatisfactory goads received, NSDIC^ will maintain an
effective inspection system; therefore, the Contractor shall be conclusively presumed to have
actual knowledge of work not performed. In default or damaged material, non-performed work
or unsatisfactory goods received, NSDICD:
A. May, as its option, afford the Contractor an opportunity to complete the non-performed
work or correct the deficiencies in goads received within three hours of the Contractor
being advised that helshe will be afforded the opportunity, in the case of daily services;
ar 24 hours in the case of all other services; or,
B. May, as its option, perform the services or obtain the goads through another contractor.
The Contractor wil! be invoiced for the non-performed items at the cost, plus 10 percent
adminis#rative fee; or, the Contractor will be deducted far non-performed items plus 10
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 1 D percent administrative charge; or,
D. Repeated instances of non-performed or unsatisfactory work will be cause for
termination. This provision will be appAed after the second written nvtificativn is sent to
the Contractor. The third notice will be a contract cancellation notice and a deduction of
10 percent administrative charge applied tv the last invoice due to the Contractor.
E. Breach of Contract: City will terminate this contract in whole or in part at any time
NSDIC^ determines that the Contractor failed to observe the terms of the contract,
forms, andlar duty tv protect property.
F. N5DlCD may terminate the contract, in whole ^r part, at any time NSDICD determines
that there is cause far termination. Cause for termination includes, but is not limited to,
Contractor's failure to comply with the contract.
G. Should the Contractor's entity cease to exist, become legally incapable of performing its
responsibilities, yr Ivse its status as a business entity, the contract wilt be subject 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, to terminate and bring to an end all per#ormances to be
rendered under this contract by notifying the other party hereto, in writing, given a 10-
day notice.
I. The Contractor will indemnify the City of Corpus Christi and its employees.
FEDERAL REQUIREMENTS
All contracts, including small purchases, awarded by the City of Corpus Christi and their
CantractarslSubcontractors contain the following procurement provisions as applicable:
a. Equal Employment Opportunity
All contracts shall contain a provisions requiring compliance with E.O. 1145, "Equal Employment
Opporiuni#y," as amended by E. O. 11375, "Amending Executive Order 1124fi Relating to Equal
Employment Opportunity," as presented in Appendix 4 and as supplemented by regulations at 41 CFR part
fiD, "Office of Federal Contract Compliance Programs, Equal Programs, Equal Employment Opportunity,
U.S. Department of Lobar" As presented in Appendix 5.
b. Copeland "Anti_Kickback" Act {18 U.S.C. 874, "Kickbacks fro public works employees," presented in
Appendix 6 and 4i1 U.S.C. 276c, "Regulations Governing Contractors and Subcontractors," presented
in Appendix 7)
All contracts and subgrants in excess of $ 2,OOfl for construction or repair awarded by the City of Corpus
Christi and its subrecipients shall include a provisions for compliance with the Copeland "Anti-Kickback"
Act {18 U.S.C. 874}, as supplemented by Department of Labor regulations 29 CFR part 3, "Contractors and
Subcontractors on Public Building ar Public Work Financed in Whole or in Part by Loans or Grants from
the United States" presented in Appendix 8. The Act provides that each contractor ar subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
c. Danis-Bacon Act, as amended {4U U.S.C. 27Ga to a-7}
When required by Federal program legislation, all construction contracts awarded by the City of Corpus
Christi and its subrecipients of more than $2,~Qd shall include a provision far compliance with Davis-Bacon
Act {4d U.S.C. ~7fia to a-7 presented in Appendix 9} and as supplemented by Department of Labor
regulations (29CFR part 5, "Labor Standards Provisions Applicable to Construction" presented in Appendix
10}. Under this Act, contractors shall be required t4 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. Tn addition,
contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation and the award
of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report
all suspected or reported violations to the Federal awarding agency.
d. Contract Wark Hours and Sa#'ety Standards Act {40 U.S.C. 327-333)
Where applicable, all contracts awarded by the City of Corpus Christi in excess of $2,000 far construction
contracts and in excess of $2,504 for other contracts that involve the employment of mechanics yr laborers
shall include a provision for compliance with Sections 102 and 107 of the Contract Wark Hours and Safety
Standards Act {40 U.S.C. 327-333 presented in Appendix 1 i}, as supplemented by Department of Labor
regulations {29 CFR part 5 presented in Appendix 10}. Under Section 102 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 '/x times the basic rate of pay far all hours worked in excess of 40 hours in the work
week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies yr materials or articles ordinarily
available on the open market, yr contracts for transportation ar transmission of intelligence.
e. Rights to Inventions Made Under a Contract or Agreement
Contracts or agreements far the performance of experimental, development, yr research work shall provide
for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37
CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," presented in Appendix 12, and any
implementing regulations issued by the awarding agency.
f. Clean Air Act (42 U.S.C. 7401 et seq.} and the Federal Water Pollution Cantral Act (33 U.S.C. 1251 et
seq,), as amended
Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders yr regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401 et seq., illustrated in appendix 13} and the Federal Water Pollution Control Act as
amended {33 U.S.C. ] 251 et seq., illustrated in Appendix 14}. Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency {EPA}.
g. Byrd An#i-Lobbying Amendment (3X U.S.C. 1352}
Contractors why apply or bid for an award of $100,000 or mare shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person
or
organization for influencing or attempting to influence any officer or employee of any agency, a member ^f
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
15. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
h. Debarment and 5uspensian (E.~.s 12549 and 12689)
No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded
from Federal Procurement or Non-procurement Program is accordance with E.O.s 12549 and 126$9,
"Debarment and Suspension" as presented in Appendix 1 and Appendix 2, respectively. This list contains
the names of parties debarred, suspended, ar otherwise excluded by agencies, and contractor declared
ineligible under statutory ar regulatory authority other than E.O. i 2549. Contractors with awards that
exceed the small purchase threshold shall provide the required certification regarding its exclusion status
and that ^f its principal employees.
1-e~tzillate: FA Special Terms ar~d Conditions
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.' • ~ = :~ r . UAViS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause )CX, Contrad Work Hours and Safety
Standards Act, and Clause )bC, Recipient Functions, the following definitions are applicable:
(1] Award means the Award by the bepartment of Energy (pq€] to a Recipient that includes a
requirement to wmply with the labor standards douses and wage rate requirements of the
pa~is-Bacon Act (DBA] for work performed by all laborers and mechanics employed by
Subrecipients, Contractors and subcontractors on projects funded by or assisted in whole or
in part by and through the Federal Go~emment pursuant to the Recovery Act.
(2) "Construction, n[teration or repair' means all types of work done by laborers and
mechanics employed by the 5ubrecipient, construction cantrador ar construction
subcontractor on a particular building or work at the site thereof, including without
limi tation-
{a} Altering, remodeling, installation {rf appropriate) on the site of the work of items
fabricated off-site;
[b] Painting arxi decorating; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site
of the building yr work.
(3] Contrrr# means a written procurement contract executed by a Subrecipient for the
acquisition of property and services for constru[tian, alteration, and repair under a Subaward
Far purposes of these Clauses, a Contract shall include subcontracts and lower- tier
subcontracts under the Contrad.
[4) Contracting Offirermeans the pQE official authorized to execute awards on behalf of bOE
and who is responsible far the business management and non-program aspects of the
financial assistance process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses,
Contractor shall include subcontractors and lower-tier subcontractors.
(6] Recipient means any entity other than an inditidual that receives Recovery Act funds in
ttte form of a grant direcdy from the Federa} Government. Fhe term includes the State that
receives an Award from DOE and is linancially accountable for the use of any pQE funds or
property, and is legally responsible for carrying out tF+e terms and conditions of the program
and Award.
[7] "Site of the work"-
[a} Means--
{i] The physical place or plares where the construction called far in the Award,
Subaward, or Contract will remain when work an it is completed; and
[i] Any other site where a significant portion of the building or work is constructed,
provided that such site is established speciRcally far the performance of the project;
[b] Except as provided in paragraph (c] of this definition, the site of the work includes any
fabrication plants, mobile factories, hatch plants, borrow pits, job headquarters, tool
yards, etc., provided-
[1] They are dedicated exclusively, or nearly sa, to performance of the project;
and
(2} They are adjacent or virtually adjacent to the site of the work as defined in
paragraphs (7](a](i} or {7}[a}(ii] of #eis definition; and
[c] Does not include permanent home vffires, branch plant establishments, fabrication
plants, or tool yards of a Contractor or subcontractor whose locations and continuance in
operation are determined wholly without regard to a particular contractor Federal Award
^r project. In addition, fabrication plants, batch plants, barrow pits,job headquarters,
yards, etc., of a commercial or material supplier which are established by a supplier of
materials For the project before opening of bids and not on the project site as defined in
paragraphs (7l(a}{i] or (7}(a}[ti} of this definition, are not included in the "site of the work:'
Such permanent, previously established facil'sties are not a part of the "site of tFre work"
even if the operations for a period of time maybe dedicated exclusively yr nearly so, to
the performance of an Award, Subaward, or Contract.
[8} 5u6trward means an award of financial assistance in the farm of money, or property in lieu
of money, made under an award by a Redpient to an eligible Suhredpient or by a
Subrecipient to a Idwer- tier sut]recipient. The term includes financial assistance when
provided by any legal agreement, even if the agreement is called a rnntrart, but does not
include the Recipient's procurement of goads and services to carry out the program nor does
i# include any form of assistance which is excluded from the definition of `Award" above.
(9} 5erf~recipienf means anon-Federal ent'sty that expends Federal awards received from a
pass through entity (Recipient] to carry out a Federal program, but does not include an
individual that is a benefiaary ^f such a program. Ttse term includes a Community Action
Agency [CAA}, local agenry, or other entity to which a 5ubaward under the Award is made by
a Redpient [hat includes a requirement to comply with the labor standards clauses and wage
rate requirements of the ^i3A work performed by all laborers and mechanics employed by
contractors and subcontractors on projects funded 6y or assisted in whole or in part by and
through the Federal Garremment pursuant of the Recovery Att.
8. Qnvis-8~con Act
{1][a] All laborers and mechanics employed yr working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate vn any account {except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act {2g CfR Part 3]], the ful! amount of wages
and bona fide frirx}e benefits [or cash equivalents thereof] due at time of payment computed
at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract arxi made a part hereof, regardless of any
contractual relationship which may be alleged tv exist between the Recipient, a SubrecipienF,
ar Contractor and such laborers and mechanics.
[~] Applicable to Redpient Only. Privy to the issuance of the Subaward or
Contract, the Recipient shalt notify the Contracting Officer of the site of the work
in order for the appropriate wage determination to be obtained by the
Contracting officer from the Secretary of Labor.
f i] If the Subaward or Contract is or has been issued without a wage
determination, the Recipient shalt notify the Contracting Officer immediately of
the site of the work under the Subaward or Contract in order far the appropriate
wage determination to be obtained by the Contracting Q€ficer from the Secretary
of Labor.
(b] Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1{b][2} of the 08A on behalf of laborers ^r mechanics are considered wages
paid to such laborers and mechanics, subject to the prvrrisions of paragraph 8[4] 6elaw;
also, regular contributiortis made or casts irxurred for more than a weekly period (hut not
Tess often than quarterly} under plans, funds, yr programs which cover the particular
weekly period, are deemed to be wnstructi~ely made ar incurred during such period.
{c] Such laborers and mechanics shall he paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classifrcation of work actually
performed, vrrithout regard to skill, except as pro~rided in the paragraph entitled
Apprentices and Trainees, Laborers or mechanics perform'sng work in more than one
classification may be compensated at the rate specified for each dassification for the Lime
actually worked therein; prorrided that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed.
(d] The wage determination [ncludirrg any additional classifications and wage rates
conformed under paragraph B(2} of this Clause] and the basis-Bacon poster{WH-1321}
shall be pasted at all times 6y the 5ubrecipient and Contractor at the site ^f the work in a
prominent arxi accessible place where it can 6e easily seen 6y the workers.
(2](a} The Contracting pfficer shall require #hat any lass of laborers ar mechanics which is not
listed in the wage determination and which is tv be employed under tI•+e Subaward or
3
Contract shall be classified in conformance with the wage determination. The Contracting
Officer shall approve an additional classiFicatian and wage rate and fringe benefits
therefore onfy when all the following criteria have been met:
(] The work to be perFormed by the classifcation requested is not performed by a
classification in the wage determination.
(i] The classification is utitized in the area by the construction industry.
[iii] The proposed wage rate, includirx~ any bona fide Fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
{b] If the Subrecipient [and Contractor, when applicable] and the laborers and mechanics
to be employed in the classifcation cif known], ar their representatives agree on the
classification and wage rate [induding the amount designated for fringe benefits, where
appropriate},the 5u6recipient shall notify the Recipient. The Redpient shall notify the
Contracting Officer of this agreement. If the Contracting Officer agrees with the
classification and wage rate (ncluding the amount designated for fringe benefits, where
appropriate], a report of the action taken shall 6e sent by the Contracting Officer to the
Administrator of the:
Wage and Hour pivision
Employment Standards Administration
U.S. department of Labor
Washington, DC 20230
The Administrator yr an authorized representative will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
{r] In the event the Subrecipient {and Contractor, when applicable], and the laborers or
mechanics to 6e employed in the classification, ar their representatives, dv not agree on
the proposed classification and wage rate {including the amount designated €vr fringe
benefits, where appropriate], the Subrecipient shall notify the Redpient. The Recipient
shall notify the Contracting t7fficer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the rerommendatian
of the Contracting Dffscer, to the Administrator of the Wage and Hvur pivisivn for
determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting Officer or will
notify the Contracting Officer within the 30-day period that additional time is necessary.
{d] The wage rate [ncluding fringe benefits, where appropriate] determined pursuant to
subparagraphs f3{2](b] ^r fi{2](c] of this Clause shall he paid to all workers performing
work in the slassif:cation under the Award, 5ubaward, or Contract from the first day on
which work is performed in the classification.
4
[3] Whenever the minimum wage rate prescribed in the Award, Subawarcl, or Contract for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly
rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent
thereof.
(4] If the Subrecipient ar Contractor does not make payments to a trustee or other third
person, the Subrecipient or Contractor may consider as part of the wages of any laborer ar
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program; provided, that the Secretary of Lobar has found, upon the
written request of the Subrecipient or Contractor tf-at the applicable standards of the ^avis-
Bacon Act have been met. The Secretaryaf Labor may require the Subrecipient ar Contractor
to set aside in a separate account assets far the meeting of obiigatians under the planar
program.
C. Rates of Wages
{1} The minimum wages to be paid laborers and mechanics under the Subaward ar Contract
irwolved in perfarmarxe of work at the pro}ect s+te, as determined by the Secretary of Labor
to be prevailing for the corresponding dosses of laborers and mechanic employed an
projects of a character similar to the contract warlc in the pertinent locality, are included as an
attachment to the Award, 5ubaward, or Contract.
[2] If the 5ubaward or Contract has been issued without a wage determination, the Recipient
shall notify the Contracting Officer immediately of the site of the work under the 5ubaward or
Contract in order for the appropriate wage determination to be obtained by the Contracting
Offrcer from the Secretary of Labor.
D. Payrolls artd basic Records
[1.} Payrolls and basic records relating thereto shall be maintained by the Recipient,
Subrecipient and Contractor during the course of the work and presenred for a period of 3
years thereafter #vr aR laborers and mechanics wor#cing at the site of the work. Such records
shelf contain the name, address, and social security number of Bath such worker, his yr her
correct dassificatian, hourly rates of wages paid [inc3uding rates of contributions or costs
anticipated for bona fide fringe hene€its or cash equivalents thereof of the types described in
section 1[h][2][B} of the aavis-Bacon Act], daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever die Secretary of tabor has found, under
paragraph [4] of the provision entitled (]avis-bacon Act, that the wages of any laborer ar
mechanic include the amount of any casts reasonably anticipated in providing benefits under
a plan or program described in section 1{b](2]{B] of the pools-Bacon Act, the $ubrecipient ar
Contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs antidpated or the actual cast incurred in providing such
benefits. The Subrecipient or Contractor employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
[2](a] The Contractor shall submit weekly for ea[h week in which any Contract work is
performed a copy of all payrolls to the Subredpient. The 5u6reeipient shall submit weekly far
each week in which any 5ubavrard or Contract work is performed a copy of all payrolls tv the
Recipient. The Recipient shall submit weekly for each week in which any 5uf~award or
Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls
submitted shall set out accurately arxi rompletely all of the information required tv be
maintained under paragraph D(1] of this Clause, except that the fu11 social security numbers
and home addresses shall not be intluded an weekly transmittals. Instead, the payrolls shall
only need tv in[lude an individually identifying number for each employee (e.g., the last dour
digits of the employee's social security number}. The required weekly payrv€I information
may be submitted in any form desired. Optional Fame WH-347 is available for this purpose
from the Wage and 1-lour Division Web site at
i vw.dol. v whd forms wh 47' ~tm or its successor site.
[b] The Recipient is responsible far the ensuring that all 5ubrecipients and Contractors
submit copies ^f payrolls and basic records as required by paragraph D, Payrolls and Basic
Retards, of this Clause. The Subreeip'sent is responsible far ensuring all Contractors,
including lower tier subcontractors submit copies of payrolls and basic records as required
by paragraph D, Payrolls and Sasic Records, of this clause. Subrecipients and Contractors
shall maintain the full social security number and current address of each [overed worker,
and shall provide them upon request for transmission to the Contracting Officer, the
Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. The Recipient shall
also obtain and provide the full social security number and current address of each wvered
worker upon request by the Contracting Officer or the Wage and Hvur Division of the
Department of Labor for purposes o(an investigation yr audit v# Compliance with prevailing
wage requiremenu. It is not a violation of this sect'son far a Recipient to require a
5ubrecipient or Contractor to provide addresses and social security numbers to the
Recipient Far its own retards, without weekly submission to the Contracting Officer.
(c] Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
tr+e Recipient, 5ubretipient ar Contractor or his ar her agent why pays yr supervises the
payment of the persons employed under the 5ubaward or Contract and shall certify --
fi] That the payroll far the payro€I period contains the information required to be
maintained under paragraph D(2)(a] of this Clause, the appropriate infvrmat'san is
being maintained antler paragraph ^[1] of this Clause, and that such information
is correct and complete;
[ii] That each laborer or mechanic [including each helper, apprentice, and trainee]
employed on the Subaward yr Contract during the payroll period has been paid
the fulE weekly wages earned, without rebate, either directly ar indirectly, and that
nv deductions have been made either directly ar indirectly from the full wages
earned, other than permissible deductions as set forth in the Regulations, 29 CFR
Part 3; and
b
[ii} That each laborer or mechanic fias been paid not Tess than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as speafied in the applicable wage detenninatian incorporated into
the 5ubaward or Contract.
[d} Ttte weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement far submission of the
"Statement of Compliance" required by paragraph p[7]{c} of ibis Clause.
[e} The falsification of any ^f the certifications in Paragraph R, Payrolls and Basic Records,
of this Clause may subject the Recipient, Subrecipient ^r Contractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United
States Cade.
{3) The Recipient, Subrecipient, or Contractor shall make the records required under
paragraph D{1) of this Clause available #or inspection, copying, or transcription by the
Contracting Officer, authorized representatives of the Contractirxa Difcer, or the Department
of Labor. The 5ubredpient ar Contractor shall permit the Contracting Officer, authorized
representatives of the Contracting Officer or the Department of Labor to interview employees
during working hours on the job. If the Recipient, Subrecipient, or Contractor fails tv submit
the required records yr to make them available, the Contracting Dffscer may, after written
notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary tv
cause the suspension ^f any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available maybe
grounds for debarment action pursuant to 29 CFR 5.12.
E Withholding of Funds
{1) The DOE Contracting Officer shall, upon his or her or its own action or upon written
request of an authvri=ed representative of the Department of Labor, withhold or cause tv be
withheld from the Recipient or any other contract yr Federal Award with the same Recipient,
on this or any other federally assisted Award subject to Davis-Baron prevailing wage
requirements, which is held by the same Recipient sv much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full
amount of wages required by the Award or 5ubaward yr a Contract In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by the Award or 5ubaward
or a Contract, the Contracting Officer may, after written notice tv the Recipient take such
action as maybe necessary to cause the suspension of any further payment, advance, nr
guarantee of funds until such violations have ceased.
[2} The Recipient shall, upon its awn action or upon written request of the DOE Contracting
Officer or an authorized representative of the Department of labor, withhold ^r cause tv be
withheld from any Subrecipient or Contractor so much of the accrued payments or advances
as maybe considered necessary tv pay laborers ar+d mechanics, inducting apprentices,
trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages
required fay the 5ubaward or Contract. In the event of failure tv pay any Taborer or mechanic,
7
including any apprentice, trainee, ^r helper, employed orwark'sng on the site of the work, all
^r part of the wages required by the 5ubaward ^r Contract, the Recipient may, after written
notice to the Subrecipient or Contractor, take such action as maybe ne[essary to cause the
suspension of any further payment, advance, yr guarantee of funds until such violations Dave
ceased yr the Government may cause the suspension v# any further payment under any
^ther contract yr Federal award with the same 5ubrecipient or Contractor, on any other
federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held
by the same 5ubrecipient or Contractor.
F. Apprentices and Tmirrees
{1} Apprentices.
{a} An apprentice will be permitted to work at less than the predetermined rate for the
work they performed when they are employed-
{iJ Pursuant tv and individual#y registered in a bona fide apprenticeship program
registered with the U.S. Department of Lobar, Employment and Training
Administration, Caffice of Apprenticeship and Training, Employer, and Labor
Services {pATELS] ar with a State Apprenticeship Agency rewgnixed by the
OATELS; yr
(i} In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not irtdividua#ly registered in the program,
if certified by the OATELS yr a State Apprenticeship Agency (where appropriate]
tv be eligible far probationary employment as an apprenti[e.
(b} The allowable ratio of apprentices to journeymen vn thejob site in any craft
classification shall not be greater than the ratio permitted to the 5ubrecipient yr
Contractor as to the entire work force under the registered program.
{c} Any worker listed vn a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph F{~} of this Clause, shall be paid not less than
the applicable wage determination for the classification of work actually perfom~ed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination far the work actually performed.
{d} Where a 5ubrecipient or Contractor is perforrning co nstrudion on a project in a
locatity other than that in which its program is registered, the ratios and wage rates
{e~ressed in percentages of the journeyman's hourly rate) specified in the Subrecipient's
or Contractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprent"sce's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination.
[e} Apprentices shall 6e paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
8
apprentices must he paid the full amount of fringe benefits listed an the wage
determination for the applicable classification. if the Administrator deterrines that a
different practice prevails for the applicable apprerttice classification, fringes shall be paid
in accordance with that determination.
(F] In the event DATELS, or a State Apprenticeship Agency recognized by DATELS,
withdraws approval of an apprenticeship program, the Subrecipient or Contractor will nv
longer be permitted tv utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(2} Trainees.
(a} Except as provided in 29 CFR 5.1fi, trainees will not Ize permitted to wvrfc at less titan
the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approva4, evidenced by
formal certification by (OATfLS}.The ratio of trainees tajourneymen on thejob site shall
not be greater than permitted under the plan approved by DATELS.
(b} Every trainee must 6e paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall be paid fringe benefits
in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall he paid the full amount of fringe benefits listed in
the wage determination unless the Administrator of the Wage and Hour Qivision
determines brat there is an apprenticeship training program associated with the
corresponding journeyman wage rate in the wage detenninativn which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the DATELS
shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the
jab site in excess of the ratio permitted under the registered pmgram shall be paid oat
less than the applicable wage rate in the wage determination for the wor#c actually
performed.
(c} [n the event DATELS withdraws approval of a training program, the 5ubrecipient or
Contractor will no longer be permitted tv utilize trainees at Less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(3} Equal employment opportunity. The utilization of apprentices, trainees, and journeymen
under this Clause shall be in mnformitywith the equal employment opportunity
requ'srements of Executive Order 1124fi, as amended, and 29 CFR Part 30.
G. Compliance with Cope[ond Ari~ Requirvemerrts
The Recipient, 5ubrecipient or Contractor shalt comply with the requirements of 29 CFR Part 3
which are hereby inrorparated by reference in the Award, 5ubaward yr Contract.
H. Su6awards grid Canf-ncts
[1] The Rerapient, the 5ubrecipient and Contracor shall insert in the 5ubaward or any
Contracts this Clause entitled "Davis Bacon Act Requirements" and such other clauses as the
Contracting Officer may require. The Recipient shall be responsible for ensuring rompliance
by any 5ubrecipient or Contractor with all of the requirements contained in this Clause. The
5ubrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
[2] Within 14 days after issuance of a 5ubawarcl, the Recipient sha11 deliver to the Contracting
officer a completed Standard Form [5 F] 1413, Statement and Acknowledgment, for each
Suhaward and Contract for construction within the United States, including the Subrecipient's and
Contractors signed and dated acknowledgment that this Clause] has been included in the
5ubaward and any Contracts. The SF 1413 is available from the Contracting Officer or at
http:Ilrontacts.gsa.govlwebforms.nsfID17Q84872 Q1fiEE95A785256A260QdF7Fr481$file/sF1413_e.pd
f . Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall
deliver to the Recipient a completed Standard Form {5F] 1413, Statement and Acknowledgment,
for each Contract and lower-tier subcontract far construction within the United States. including
the Contractor and lower- tier subcontractor's signed and dated acknowledgment that this Clause
has beers included in any Contract and lower- tier subcontracts. 5F 1413 is available from the
Contracting Officer yr at
http:llcontacts.g saga v/webforms. ns fI017084872 016 E E95A78 52 56A26004F7 EA8/$fi l e/sf 1413_e.pd
f. The Reapie:tt shall imtttediately provide to the QC1E Contracting Officer the completed Standard
Forms [SF] 1413.
1. Caotrac# Tem~rirmtian -- Debarment
A breach of these provisions may 6e grounds for termirsatian of the Award, 5ubaward, or Contract
and for debarment as a Contractor yr subcontra~tar as provided in 29 CFR 5.12.
J. ComptiaRCe with Dads-Bacvvrt and Rr[ated Rrt Regr~latians
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3
and 5 are hereby incorporated by reference in the Award, 5ubaward or Contract.
K. Disputes Concerni-tg Labor Standards
The United States Repartment of Labor has set forth in 2R CFR Parts 5, 5, and 7 procedures far
resolving disputes roncerning labor standards requirements. Such disputes shall be resolved in
armrdance with those procedures and shall not be subject to any other dispute provision that
may be contained in the Award, Suhaward, and Contract. Disputes within the meaning of this
Clause include disputes between the Recipient, 5ubrecipient [including any Contractor] and the
Department a# Energy, the U.S. Qepartment of Lobar, or the employees or their representatives
L. Crrti}ecatian of Hiyibiuty.
[1] sy enierirtg into this Award, 5ubaward, or Contract [as applicable;, the Recipient, Subrecipient,
or Contractor, respectively certifies that neither it {nor he or she) nor any person or firrn who has
an interest in the Recipient, 5ubrecipient, or Contractor's firm, is a person, entity, or firm ineligible
10
to be awarded Government contracts ar Gvverriment awards by virtue of section 3{a} of the
Davis-8acvn Act yr 29 CFR 5.12(a][1}.
(2] No part of this Award, 5ubaward or Contract shall be subcontracted tv any person or 5rm
ineligible for award of a Government contract yr Government award by virtue vF section 3(a} of
the Davis-Bacon Act or 29 CFR 5.12{a}{i1].
[3} The penalty for making false statements is prescribed in the U.S. Criminal Cade, 18 U.S.C. 1001.
M Apprarraf Qf Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics
engaged in work uixler an Award, 5ubaward or Contract mus[ be subm'stted far approval in
writing by the head of ttte federal contract'sng activity yr a representative expressly designated far
this purpose, if the straight time wages exceed the rates for corresponding classifications
contained in the applicable Davis-6acan Act minimum wage determination included in the Award,
5ubaward ar Contract. Any amount paid by the 5ubrecipient yr Contractor to any laborer or
mechanic in excess of the agency approved wage rate shall be at the expense of the 5ubrecipient
^r Contractor and shall not be reimbursed by the Recipient ar 5ubrecipient. If the Government
refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from
the abtigation to pay employees at the required overtsme rates for any overtime actually worked.
Clause X][]C. CoMracE Work Hours and Safety Standards Act
This Clause entitled "Contract Work Hours and Safety Standards Act (CWH55A]' shall apply to any
5ubaward or Contract in an amount in excess of 3100,000. As used in this CWH55A Clause, the
terms laborers and mechanics indude watchmen and guards.
A. Overtime requirements. fVa 5ubrecipient or Cantradar contracting far any part of the
5ubaward work which may require yr involve the employment of laborers or mechanics shall
require or permit any such la4arer yr mechanic in any workweek in which he yr she is employed
^n such work to work in excess of forty hours in such workweek unless such taborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay Tor all hours worked in excess of forty hours in such workweek.
6. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph 6 herein, t3te Subrecipient or Contractor responsible therefor shalk
be liable for the unpaid wages. In addition, such 5ubrecipient yr Contractor shall be liable to the
United States {in the case vT work done under a 5ubaward yr Contract Tor the District of
Columbia yr a territory, to such District or to suds territory], far liquidated damages. Such
liquidated damages shall be computed with respect La each individual laborer or mechanic,
including watchmen and guards, employed in violation of the provision set forth in CW55HA
paragraph A, in the sum of 310 for each calendar day on which such individual was required or
perrnitted tv work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph {A} of this section.
C. Withholding for unpaid wages and liquidated damages.
I1
[1] The DOE ContraRing Dfficer shall upon its own action or upon written request of an
authvrixed representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the Recipient vn this or
any other Federa! Award or Federal contract with the same Recipient on any other
federally-assisted Award or contract subject to the CWHSSA, which is held by the same
Recipient such sums as maybe determined to be necessary to satisfy any liabilities of
such Redpient Far unpaid wages and liquidated damages as provided in the clause set
forth in CWFf55A, paragraph 8 of this Clause.
{2} The Recipient shalE, upon its own anion ^r upon written request of the DDE
Contracting Officer or an autharixed representative of the Department of Labor,
withhold or cause from any moneys payable on account of work perfonned t,y the
5ubrecipient or Contractor an this or any other federally assisted subaward ar rontract
subject to the CWH55A, which is held by the same 5ubrecipient ar Contractor such
sums as may 6e determined tv be necessary to satisfy any liabilities of such
5ubrecipient or Contractor for unpaid wages and Liquidated damages as provided in
clause set forth in CWH55A, paragraph B of this Clause.
D. Subwntracts. The 5ubrecipient shall insert in a Contract and a Contractor shall insert in any
lower tier subcontracts, the douses set forth in these CWHSSA paragraphs {A] through {D] and
also a provision requirirx~ the Contractors tv include this CWWSSA Clause in any lower tier
subcontracts. The Reapient shall be responsible far compliance by any 5ubrecipient or
Contractor, with the CWHSSA paragraphs A through p. The 5ubrecipient shall be responsible
far tvmpliance by any Contractor (including lower- tier submntradars;.
E. The 5ubredpient or Contractor shall maintain payrolls and basic payrolls in accordancewith
Clause 7(X, Davis• Bacon Act Requirements, for ail laborers and mechanics, including guards and
watchmen working vn the 5ubaward or Contracts. These records are subject to the
requirements set fortis in Clause )C)C, Davis Bacon Requirements.
Clause }f~C}C. RECIPIENT FUNCTIONS
{1} pn behalf of the pepartment of Energy [DQE}, Recipient shalt perform the following
functions:
{a] Obtain, maintain, and monitor all DBA certified payroll retards submitted by the
Subrecipients and Cvntradors at any tier under this Award;
{b} Review all DBA certiFaed payroll records for compliance with DBA requirements,
including applicable DDL wage determinations;
[c] Not'sfy DDE of any non-compliance with DBA requirements by Subredpients or
Contractors at any tier, including any non-compliances identified as the result of
reviews performed pursuant to paragraph {b] above;
12
{d} Address any Subreapient and any Contractor DBA non-compliance issues; if DBA
non-compliance issues cannot be resglved in a timely manner, forward
complaints, summary of investigations and ali relevant information to DOE;
(e} provide DDE with detailed information regarding the resolution of any DBA non-
compliance issues;
{f} Perform services in suppor[ of DO>: investigations of complaints filed regarding
ngncvmpliance by Suhrecipients and Contractors with DBA requirements;
{g} perform audit services as necessary tv ensure compliance by Suhrecipients and
Contractors with D8A requirements and as requested by the Contracting Offscer,
and
{h} Provide copies of all records upon request by DOE or DoL in a timely manner.
{2] All records maintained on behalf of the DOE in accordance with paragraph {~} above
are federal government (DdE) owned records. DOf or an authorized representative
shall be granted access to the records at all times.
[3] In the event of, and in response to any Freedom of information Act, 5 U.S.C. 552,
requests submitted to DOE, Recipient shall provide such records to DOE within 5
business days of receipt of a request from DQE.
13
Texas Department of Housing & Cammuuity Aft'airs
AItRA Weatheri~ation Assistance Program Priority List far
Single-Family and 5ma11, Multi-Family Buildings
I . infiltration Reduction, Maximum cast
• $St70 in IECC Zone 4
• $4Qt) in IECC Zane 3
^ $l9Q in IECC Zane 3B
m $26U in IECC Zone 2
2. Duct Sealing
3. Attic Insulation
Far homes with natural gas space heating and room air conditioners, with existing R-t 9
attic insulation
^ Insulate to R-3p in IECC zones 3 & 4
^ Add no insulation in IECC cane 2
^ For all otlter homes
^ insulate to R-38 in IECC zone 4
^ insulate to R-3~ in IECC cones 2 & 3
4. CFLs
5. Smart Thermostat
* Clients must be educated about the thermostat's functionality
^ is not be warranted if clients cannot be adequately trained
6. 5idewa l I I nsu loll vn
• Insulate wall cavities to R-15
7. Refrigerator Replacement
^ Meter units prior to replacement to meet 10°!° rule
^ Pre-1993 units can be replaced without metering, as long as the year of manufacture is
documented
^ Replaced units need to be de-manufactured. Materials need tv lie recycled. Refrigerant
needs to be reclaimed.
8. FloarlFaundativn Insulation
• Insulate exposed crawlspace floors to R-3fl in IECC zone 4
^ Insulate exposed crawlspace floors tv R-i9 in IECC zone 3
^ Insulate exposed crawlspace floors to R- I 1 in IECC wne 2
9. Sun Screens in IECC zones 2 & 38 {Abilene, EI Pasa, Midland, & San Angelo]
^ East-, west-, and south-facing windows are cast effective when the cast is $4.9U per
square foot or Iess.
10. Heat Pump Replacement
• Replacement can only occur in all-electric home; cannot have gas space heating,
including space heater, furnace, yr boiler
^ Horne must already have ducts
Texas Priority Lift-w.dac Created an 121111Z0~3 4:a5 PM
ExHiBir
,~ ,~
G~I~fS
Texas Department of Hausir~g & Co-nmunity AtIE'airs
• Manual J calculations must be completed to appropriately size the heat pump with higher
order Weatlterization measures included
o Must have existing equipment in place
o Heat pumps with a SEER of I0.0 may be replaced with equipment and
installation costs limited to
• $3,50(1 in IECC canes 3 &4
• $2,500 in IECC zone 2
• No replacement of room air conditioners {RAC} if central air conditioner or heat pump
are replaced
^ RepIacement room air-conditioners
o Qnly General and High-use RAC are cost-effective to replace
o No more than three room air conditioners can be replaced per borne
o Replacement RAC{s} must have an EER of I I-~
a Maximum of $1 S0 for RAC in IECC Zone 4 for 6-8 kHtulh
o Maximum of $t 75 for RAC in IECC Zone 3 for 6-8 kBtulh
o Maximum of $225 far RAC in IECC T.ane 2 for 6-8 kBtullt
1 I . Water Heater Replacement
^ Replace electric tank water heaters with heat pump water heater (HPWH}.
^ Household should have a minimum of three persons.
^ Replacement cast is limited to $ i ,50t7
^ Replacement HPWH should have warranty of at least ] 0 years
• HPWH must have an EF of at least 2.0
^ If home does not have air-conditioning, HPW H 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 will need:
o a condensate drain
a adequate air flow for the e~aparator
* A~aid replacing water heaters next to sleeping spaces since the compressor wilt create
noise.
12. Miscellaneous Repairs
^ Maximum cast af$400
^ lncludes costs related to installed Weatherization measures
• Materials include lumber, shingles, flashing, siding, masonry supplies, minor window
repair, gutters, downspouts, paint, stains, and sealants.
Instances, far Completing Sife Sperifir E-rergy Audi
^ Ducts in the crawlspace
• Heating is other than natural gas, propane, or electricity
Texas Priority List-w.dac
Created on 1211112p09 4;05 PM
~~~o~CJ
TllHCA ARRA 1~VAP 1'rivritication
bounties by done
Zane ZA
Andersen Corral Houston Nueces
Angelina Coryell Jefferson Orange
Aransas DeWitt Jim Hogg Polk
Atascosa >~u~aI Jim Wells Refugio
Austin Falls Karnes Robertson
Bastrop Fayette Kenedy San Jacinto
Bee Fort Bend Kleberg San Patricia
Bell Freestone Lavaca Starr
Bexar Galveston Lee Travis
Basque Goliad Leon Trinity
Brawria Gonrales Liberty Tyler
Braves Grimes Limestone Victoria
Brooks Guadalupe Live yak Walker
Burleson Hardin Madison Waller
Caldwell Harris Matagorda Washington
Calhoun Hays McLennan Wharton
Cameron Hidalgo McMullen Willacy
Chamlaers Hill Milam Williamson
Cherokee Jackson Montgomery Wilson
Colorado jasper Newton
Zone 2B
Bandera Kinney Real Zapata
Dimmitt La Salle Uvalde Za~aia
Edwards Mat+erick Val Verde
Frio Medina Webb
Zone 3A
Archer >;rath Lamar Sabine
Blanco Fannin Lampasas San Augustine
Howie Franklin Llano San Saba
Brown Gillespie Marion Shelby
Burnet Grayson Mills Smith
Camp Gregg Montague Samerveil
Cass Hamilton Morris Stephens
C1aY Harrison Nacogdoches Tarrant
Collin Henderson Navarro Titus
Comanche Hood Pain Pinto [Jpshur
Cooke Hopkins Panola Van Zandt
Dallas Hunt Farker Wichita
Delta Jack Rains Wise
Denson Johnson Red lti~er Woad
Eastland Kaufman Rockwall Young
Ellis Kendall Rusk
~ f ~~ ~
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Tl]HCA ARR~- WAP Priaritizatian
Zone 3B
Andrews El Pasa Icing Schleicher
Baylor Fisher Knox Scunry
Borden Foard ia~ing Shackelford
Brewster Gaines Lubbock Sterling
Callahan Garza Lynn Stonewall
Childress Glasscock Martin Sutton
Coke Hall Mason Taylor
Coleman Hardeman McCulloch Terrell
Collingsworth Haskell Menard Terry
Cancho Hemphill Midland "F'hrockmarton
Cattle Howard Mitchell Tom Green
Crane Hudspeth Motley Upton
Crockett Trion Nolan Ward
Crosby Jeff Davis Pecos Wheeler
Culbersan Jones Presidia Wilbarger
Dawson Kent Reagan Winkler
Dickens Kerr Reeves
Ectar Kimble Runnels
Zone 4B
Armstrong Deaf Smith Ho~kley Parmer
Bailey Donley Hutchinson Potter
Hriscoe Floyd iamb Randall
Carson Gray Lipscomb Roberts
Castro Haie Moore Sherman
Cacltran Hansfard Gchiltree Swisher
Daliam Hartley Gidham Yoakum
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Attachment 1-b
City of Corpus Christi Hea#ing and Caai[ng Price {ARRAj list
Bids are far material listed. No subsdtutlons are aNowed.
All fields must be completed.
^a~
L "J
UNIT Material TYPE
[Material arsd lnstali) EST.
qTY PRICE PER [TEM BEd
Extension
Fst. qTY. X IIAATERIAI.. 8 LABOR ~ B1D
Insulated to 1" Thiclc ENTIaN PER UNIT HOUR
MATERIALS LABOR
MAT~vaa x
aTr~Exr
Per
sheet Ductboard 1" 2 45.DD 6D.D0 1DS.00 21D.00
Per a1 Mastik 1 25 . DO 54 . DO 85.00 $5.00
Per raE! Meta! Duct Tae ~ 25.00 50 . DD 85.00 170 . DD
1~A. ~"Xt3" Re Ester flppr, wall ar ceilin 1 B.OD 60 . D0 58 . DO 68.00
EA. 4"x10" Re later fluor, wall or ceilin 1 4D . DO 6D . DO 1D0 . DD 100. DO
Per ft. 4" re lace flex duct attic or fioar Z 25.00 60.OD 85.OD 17D .OD
Per ft. fi" re !etas flex duet attic yr floor 2 4D . DD b0 . DD 10D . DD 2DO . DD
Per ~. t3" re lace flex duct a#tlc yr floor 2 44 . DD 6D . DD 100 . DD 2DD .00
Per ft. 10" re lace flex duct attic yr floor 3 5S . OD 6D. DD 11S . DO 345 . DD
Per ft. 12" re lace flex duct attic or flour 3 7D . DD 6D.OD 130.00 390. D0
EA. ~l tan candensln unitlarmar flex 1 1,375.00 650.DD ,D25.DD 2,025.00
f=A. 5 tan cvndensln unltlarmor flex 1 1, 55 3 . D0 ti50 . DD , 303 . DO 2, 303.OD
EA. 2 ton condensin unitlarmar flex 1 941.25 65D.OD ,551.25 1, 551.25
Fro. 2.5 tancondensin u~itlarmorflex 1 1,005.25 fi50.OD ,656.25 1,555.25
EA. 3 ton candensin unitlarmar flex 1 1,138.75 65D.00 , 788.75 1, 788.75
EA. 3.5 tan oondensin unitlarmor flex 1 1,245.D0 650.00 , 895.00 1, 895.00
>=A. 4 tan eve gratin calls 1 522.50 20D.UD 822.50 822.50
E4. 5 ton eve cretin colts 1 7fi5 . DO 2DD .0t7 95S . DO 965.00
E4. 2 tan eve cretin coils 1 385.99 2DD.D0 585.99 585.99
F.A. 2.5 tan eve ratin calls 1 433.99 200.00 633.99 533.99
EA. 3 ton eve vratln tolls 1 459.99 200.00 b59.99 fi59.99
EA. 3.5 tan ova ratin tails 1 559.99 2DD.00 759.99 759.99
TgTAL Bl>3 E}CTENTIDN [Page Sub-
total]
17 , 584.7
Attachment 1_b
C#ty of Corpus Christi Heating and Cafll#ng Price ~ARR-~) List
C~~
UHiT 'Material TYPE
Material and install] EST.
QTY PRICE PER ITEM BId
Extension
Es
EA, t, qTY. x MATERIAL b IABVR ~ Bil] ExTEN
1.5 ton com ressor TIVH
1 PER UNIT HOUR
MATERIALS LA80R
537.25 2flD.OD
~Ar+~agx
ctrr=exr
737.2
37.25
EA. 2 tan com ressor 1
545.99
200.00
745.9
745,99
EA. 2.5 ton c~'n ressor 1 665 , 99 200. fl0 86S .9 $55.49
EA 3 ton com ressor 1
652.75
200.00
852.7
852.75
EA. 3.5 ton cam ressor 1 692.25 200.Ofl 891.25 891.25
EA. Install new filter at aft central alc work 2 8 •Dfl 60 . DD 336.0 135 . DD
E.A. CleanlService central ooolin roiislcondensin Z -0- 60.00 120.00 120.Ofl
EA. Clean and seal air return wl duct hoard 2 -0"' 60.04 120, DD 120 . DO
EA. Seal su i lenum w! mastic ~ duct board 2 25 ,00 6D .flD 370 . DD 170. DD
EA. Torch and solder 1 35.00 -D- -0- 35.Dfl
EA. Them~ostats Ht . & C 2 49.25 6fl.Ofl 109.25 218.54
EA. R Z2 Irreon 2 35 . flD -0- 30 . DO 3D .00
EA. Concrete ad 1 75 , OD 64.00 135 . Dfl 135 . DD
EA. 5 000 BTU window unit EER 10 1 125.00 35.00 160.00 160.00
EA. B,000 BTU window unit EER 10 1 I75 . Dfl 35 .fl0 210.00 210 .Dfl
EA. 12 OQO BTtJ window unit EER i0 1 324 . Dfl 35.00 359 . DO 359.00
EA. CEeanlServlce window unit coils w! new filter i -D- 6fl .00 60. DD 6fl.OD
TOTAL B1Q E]CfEHTtvN (Page Sub totaly
5,846.77
L~
Attachment 1-b
City of Corpus Christi Heath and Cooling Price (ARRAS List
C~
^~
UNIT Material i<'YPE
Material and Install ES7.
QTY PRICE Pl:R ITEM id
Extension
Est. QTY. X MATERIAL ~ LABOR ~ B1D EX7ENTION pER UHI7
MATERIAL$ HDUR
LABOR ~^T+u~sxv
~'
EA. 3,Oflfl-F,5t]fl Eva . Cooler com late 4 499.00 100 . DO 599 . DD 2 9 DD
EA. 3,QQa-fi,5D0 Eva . Cooler wl um & float 4 499 .QO 1~D0.OD 599.00 2,396.U0
EA. 3,flOfl-6,5t)fl Eva .Window unit com late 2 499.00 1DD.OD 599.DD 1,198.DD
EA. 3,000-fi,5U0 cabinet on1 1 30U .00 l0U .flD 4DO.OD 4D0.00
EA. i13 to 1 h sin le s . i 15v230v Eva . Motor 4 230. D0 100.OD 33D.00 1, 326.00
EA. i13 to 1 h sin ie twos . 115v-23flv Eva .Motor 4 230 . D4 100 . DO 33D.OD 1, 326. DD
E4. Bearln 5 s lder 3!4 to 1" i 6D • DO 60 . DO 124.44 12D. DD
EA. Pillow block bearin s 518 to i" 1 60.OD 6D • OD 120.00 12D .00
Per ft. C er tuhin 114 to 3!8 4 .38 1.00 1.38 5.52
Per it. Tubin lactic 318 to t12 1 .33 .50 .83 .83
EA. An le iron alvanized Eva .Cooler frame 1 300.00 1D0 . DD 4DD . DD 4DD.OD
FA. Roof'ack 1 18.75 18.75 37.50 37.50
IEA. Blower wheel 12x12x314 to 21x21x1 2 8D .00 6D . DO 140.00 280 . DO
EA. Bower assembl 300 cfrn to 6500 cfm 2 23D .0D 1D4.40 33D .00 fifi0. DD
EA. Mastercooi media $" and i2" 4 230.00 1DO.OD 330.OD 1 32fi.D0
lEA. 8" and 12" wet secdan oom ete 2 23D . DD 1DD . DO 330 . DD fi6D. DD
E4. Mastarcool units +L54p to 65fl0 2 23D . D4 14D . DD 33D . DO fi60.OD
EA. Belts 4fA50 to ~4LT6D 4 25.00 60.04 85 . DO 34D . DO
E4. Submarine seater 1 al. to 5 al. 1 25.00 fi0.04 85.04 $5.D0
EA. Plastic roof cement 1 a!. to 5 al. 1 8.75 fiD .00 58.75 68.75
EA. Cooler sw. 2 s 3 230.40 100.00 330.04 99D . DD
EA. Qlstributor kits 2 1DO A0 1DD .OD 2DD .OD 400.00
EA, Throw awa filters iSx18x1 to 20x25x1 5 1.25 1.25 2.50 12 . SO
EP-. Pulle #lxed 112x1 112 to i" 2 14D .4D 104.40 200 , 40 4D4.00
EA. Brass fitdr- s 114 to 1"
TOTAL B1D EX7ENTI[3H (Rags Sub-tataly 2 fi • 25 fi . 25 12 , 50 25.00
5,633.1
Attachment 1-ii
City of Carpus Christi Heating and Cooling Price 1iARRA) Llst
~~
UNIT
rfll. Mater#aE TYPE sE:ST.
Material and Install QTY
ESL QTY. X MATER L 8 LABGR = ELATION
• - ~ ~~
t ~; ~. }
~- ~7'r- x::J "y'e i
35,000 BTU waif furnace wl vent & connections 2 PRICE PER ITEM
PER UNIT HOUR
MATERIALS LABpR ArAT.iAa x
QYY~acr
890.00 6D . DD 950 . DD Bid
Extension
~, ~r>'
-
]. 902.00
EA. SD DOD BTU wa11 furnace w! vent 8 connections 2 1.213.75 ti0 . DD 1, 273.75 2, 547.50
Fro. Space heater wl at]S system
B 000 to 30,000 BTU's ran e
1
225.00
100.00
325 , DO
325 , OD
EA. Tune-u tumaoe 1 -0- 60.00 6U.UD 60,00
Fro. Dua[ watl thermostat 2 121.99 60 . DD 181.99 363, 98
EA. Sin le wa11 them}ostat 1 6 3 • ~ 7 5 D . DO 123.9 7 123.4
Ea4. Mobil home furnace 5fi DDD-80.DCD 1 2 , D8 3.99 6 D . 00 2 ,143.99 2 ,14 3.99
EA. Gas valves 2 25.00 60 . D0 85.00 170.00
EA. Pilots S eneratora 2 55 . DO fi0.00 115 , 00 230.00
EA. Thermoca Ias and misc. Z 11.00 60.00 ll. DO 142 . DO
EA. Cam-stet controls 7 140.00 60, 00 200.00 200 . flD
EA Fan cantro#s 2 18,00 60.00 78.00 156.00
EA. Limit switch t 2D . DO 60.00 80.00 $0.00
Fro. Time dale reia 1 15.00 fi0. DD 75 , DO 75 . DD
EA. Fan and #imit controls 1 88.00 60.00 148.00 148, DD
E~4. Transformers 1 15.40 60, OD 75 , 00 7S .OD
EA. Valves misc. ~ 20.04 6a.o~ 80.00 8o.D4
EA. Central furnace 50 000-750,p00 1 808.75 60.40 $58.75 868.75
EA. LP Central furnace 50 000-150,000 , 1, 840 • DD 6D. DD 1, 860. DD 1, 860.00
L.F. Double wa11 1 e 3" to 8" g 25 , 40 60.00 8S . OD 170 . DO
F,A. Fumave bonnets 2 25 , DO 64.40 85.00 170.00
FT. 1 tIZ' Insutadan ar ft. zty • 24 •20 . GD 8.00
FT. 2" Insutatlon Per ft. 20 .33 .33 , 66 13.20
EA. furnace i tail g 15.00 60.00 75.00 150.00
F~1. Mobile home Roof Jack for Furnace 2 25.00 60 . DD 85 . DD 170.00
t'-A. Chem-Ca[k 900 Caulkin a 25.00 60.00 85.00 255 . DO
TOTAL 81R FXl'EHTIOH {Page Sub-total)
2,487.39
Attachment 1-b
City of Corpus Christi Heating anti Coaling Price ;iARRA~ mist
Material TYPE l=ST. ~R[CE PER ITEM Bid
UNIT [Matertat and Install QTY Extension
Fst. QTY. X MATERWL S LABOR ~ BIO EXTENTiDN PER UNIT HDl]R
~~
- Mar+tng x ~:
~
~
, (MATERIALS LABOR QtY^ sxT s
FA Eva .Gaoler um 5,DU0-7,SDa 115v to 23t3v 2 1, DOD . DD 60.00 I, D6D . D 2,124. DD
F-A R aster Bx8 to 20x~D B 2D .4D 6D .00 80 . DO G80. DD
EA Return riNs 6xB to 2+4x24 2 G5 . DD 60 . DD 105 . DD 21D. DO
"
" 2 3fl.DD fiD.dD 9D.DD ~.Sd.DD
EA Ventoa s
-8
3
F_A floor diftu&er 10x2114 to 14x6 2 35 . DD 6D. DD 95.0[} 190, DD
EA SIG Efeotrlcaf box wlcaver 2 7D. DD 6D. D0 I30 . DD 2fiD. DO
irA 3"-8" 8D d res daublewall elbows 2 4D. DD 6D .00 1DD . DD 20D .D0
4 2.55 2.55 5.1D 2D,4D
FT. F[asbin
EA Pilfer Radc Furnace 2 85.00 6D . DO 145 . DD 290 .DD
EA ZS 2 Refri 1 6 759.OU
TOTAL Btt7 E]REI~TtDN {Page Sub-fatal]
4,7D9.4
L~
Attachment's-b
City of Corpus Christi Heating and Cavling Prise tARRAy List
C~
~~~
UNIT Material TYPE
[Material anti install] 1=ST.
pTY PRICE PER IT#yM Bid
Extension
Est L!'IY. }[ MATERIAL b LABQR ^ BID E7L"I'EH
-
r ~. Ti01V
~~_
i• ~r- PER UNIT FIal1R
MATERIALS LABOR xQTY~~xi
,~'
EA ~[ .Water heater 40 a1. 2 401.50 400 . D4 801.50 1, t5D3. D
EA ~ .Water heater 3fl al. 2 382 . SO 4D0.00 782.50 1, 555.0
EA .Water heater d0 al. 2 561.25 4DD . D0 961.25 1, 922.5
EA .Waterheater3Q a1. 2 543.75 4DD.00 943.75 1,887.5
l`A Electric water heater 40 al. i 306.25 400 , 00 745.25 1, 412.5
EA Electric water heater 34 al. 1 238.75 400.00 638.75 538.7
EA Pressure relief valves 2 23.75 23.75 47.5D 95.0
EA Ball vanes 2 8.75 8.75 17.50 35.0
tJ1 Cam late water heater kit g 46.25 40. D0 86.25 172.5
L.F. Gal. sheetmeta124 a e 2p .50 .50 1. DO 20.OD
Fa4 30 al. tat]le to electric water heater t 454.11 400.00 854.11 854.11
EA Watts 210 i 23.5D 23.SD 47.00 47.D0
F.A Watls 3L 1 23.5D 23.50 47.00 47.OD
EA Water Heater DraEt~ Pan J 2 ].1.25 11.25 22.50 22.50
EA 112"x18" as Flex tines 2 14.99 34.99 29.9$ 59.96
EA 112"x74" as Flex Lines 2 15.49 1S .49 30.98 ~ 61.9t?
FA i12"x4t3" as Flex Lines 2 19.99 19.99 39.98 79.96
1=A 112"x72" as Flex Unes 2 37.62 37.10 74.72 149.44
TOTAL BlD EXTEt~TIOH Pa a subtotal
GRAHD TOTAL BlD E7CTEHTICIV Total of A!!
Sehedufes [C1p,C1B,CZ,CSA,C3B,C4) ' 10,b73.6
S4.4b0.1
~, ,
I. CONTRACTOR'S LIABIt.ITY INSURANCE
Contractor must not commence work under this agreement until all insurance required herein has been obtained and sucl
insurance has been approved by the City.
The Contractor must not allow any subcontractor #o commence work until all similar insurance required of the subcon#racto
has been so obtained. Contractor must furnish to the City's Risk Manager, two {2} copies of Certificates of Insurance, showing
the following minimum coverage by insurance company{s} acceptable to the City's Risk Manager. The City must be named a:
an additional insured for the General liability policy. A waiver of subrogation in favor of the City of Corpus Christi
is required an all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
3Q-Day Written Notice of Cancellation, non- bodily Injury and Property Damage
renewal, ma#erial change or termination
required for all policies -certificates
COMMERCIAL GENERAL LIABILITY including: $3Dfl,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises -Operations
3. Produc#sl Completed Operations Hazard
4. Contractual Liability
5. broad Forth Property Damage
6. Independent Contractors
AUTOMOBILE LIABILITY-OWNED NON-OWNED $3D4,4D4 COMBINED SINGLE LIMIT
QR RENTED
PQLLUTIDN LIABILITY $1,444,44D COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND
PARAGRAPH II DF TH15 EXHIBIT
EMPLOYERS' LIABILITY $104,DDD 1$SDD,DDQ1$144,DD4
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 {14} days of any accident.
EJ(H1BIT
II. ADDITIONAL REgLl1REMl~NT5
A. Cantractor must ^btain workers' compensation coverage through a licensed insurance company in accordance
with Texas law. The contract for 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. Con#ractor's financial integrity 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 shaA obtain and maintain in full
force and effect for the duration of this Contract, and any extension hereof, at Contractor's sale expense,
insurance coverage written on an occurrence basis, by companies authorized and admitted to d^ business in the
State of Texas and with an A.M. l3est's rating of no less than A- [VII}.
C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page
and all endorsements thereto as they apply to the limits required ny the City, and may require the deletion,
revision, or modification of particular policy terms, conditions, limitations or exclusions {except where policy
provisions are established by law or regulation binding upon either of the parties hereto ar the underwriter of any
such policies}. Cantractor 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 1t7 days of the requested
change. Contractor shall pay any cysts incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.D. t3ox 9277
Carpus Christi, TX 78469-9277
{361 } 826-4555 Fax #
^. Contractor agrees that with respect tv the above required insurance, all insurance policies are to contain ar be
endorsed to contain the following required provisions:
• Name the City and its offcers, officials, employees, volunteers, and elected representatives as additional insured
by endorsement, as respec#s operations and activities of, or on behalf of, the named insured performed under
contract with the City, with the exception of the workers' compensation and professional liability polices;
• Provide far an endorsement that the 'other insurance" clause shall oat apply to the City of Corpus Christi where
the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City;
and
• Provide thirty {3U} calendar days advance written notice directly to City of any suspension, cancellation, non-
renewal or material change in coverage, and not less than ten {1t7} calendar days advance written notice for
nonpayment of premium.
E. Within five {5} calendar days of a suspension, cancellation, yr non-renewal of coverage, Successful Bidder shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure tv
provide and to maintain the required insurance shalt constitute a material breach of this contract.
F, In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to
order Contractor to stop work hereunder, andlar withhold any payment{s] which become due to 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 to persons yr property resulting from Contractor's 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-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this
contract.
It is understood and agreed that the insurance required is in addition to and separate from any other obligation
contained in this contract.
,. ,
~ .. ~~,
suPPUER NUMBER
- TD BE ASSIGNED BY CITY
`~`-'~~ PURGHASING DiVISIGN
City of
Carpus
Chris#i
,' ~
EXHIBIT E
CITY ^F Ct7RPU5 CHRISTI
GISGLDSLIRE ~F INTEREST
City of Carpus Christi Ordinance '17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See reverse side far Filing Requirements, Certification and
definitions.
COMPANY NAME: ~ ~ J ~~~ V t~~`~-
P. D. Box:
STREET ADDRESS: 6 ~ ~z ~.8~t C~~-CITY: Cow +c s L~~E ~~S~i Zlp: 7~f ~1
FIRM IS. 1. Corporation ^ 2. Partnership ~ 3. Sale Owner ^
4. Association [^ 5. Other ^
If additional spare is necessary, please use the reverse side of this page or attach separate sheet.
1. 5ta#e the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3°/0 or more of the ownership in the above named "firm."
Name
GU IQ--
Job Title and City Department cif known}
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3°I° or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Carpus Christi having an "ownership
interest" constituting 3°I° or mare of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" far the City of Carpus Christi who
worked an any matter related to the subject of this contract and has an "ownership interest"
constituting 3°I° or mare of the ownership in the above named "firm."
Hamer ~ Consultant
Page 1 of 2