ORDER NO. 28707 AWARD CONTRACT SEPTIC TANK MITIGATION IN OAK GROVE MHP Came to be heard this the 12~' day of July 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, the sum of $35,395 out of the current phase Contract number 721075, and subject to the approval of Office of Rural Community Affairs of the amendment to Texas Community Development Program Contract Number 722141, allowing the transfer of an additional sum of approximately $14,007.00, for a total amount of $49,402 ,~<~IC~C COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom. Jr.lTruby Hardin OFFICE: Road & Bridge MEETING DATE: July 12, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC} Consider Amendment to Texas Community Development Proeram Community Development Fund Project Approve and sign, resolution for same EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} NAME OF PERSON ADDRESSING THE COURT: Leonard Odom, Jr./Truby Hardin ESTIMATED LENGTH OF PRESENTATION: 10 minutes --- ~ PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: n, All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opporhxnity. See Agenda Request Rule Adopted by Commissioners' Court. TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT BUDGET MODIFICATION FORM MODIFICATION # 1 Contractor: County of Kerr Contract No. 718257 Activity Original Current Present Revised Budget Budget (+!-) Budget $ Chan e Street Improvements Drainage Improvements 36, 567.00 38,750.00 36,567.00 38,750.00 -10,280.20 -10,592.45 26,286.80 28,157.55 Engineering General Administration 875.00 7,574.00 875.00 7,574.00 -875.00 0.00 0.00 7,574.00 TOTAL $83,766.00 $83, 766.00 -$21, 747.65 $62, 018.35 In accordance with Section 16(D} of all TCDP Contracts, the above-mentioned Contractor Locality certifies that this request, as identified in the Budget (Exhibit B), meets all of the following conditions: The cumulative dollar amount of the contract as outlined in Section 4(C) is reduced by 26%, because of reasons set forth in Section 4(A} 6 8~ 7. The reduction of funds wilt not change the scope or objective of the projects funded through TCDP contract. REASON: 1. Some activities caused an eminent threat to health, safety and welfare of the citizens of Kerr County and were completed before the contract was signed. 2. The Walk Bridge in the Park could not be completed before the FEMA contract deadline. It will be completed with Kerr County Funds at a later date. 3. Some projects were completed under budgeted amount. Date: Signed: Pat Tinley, County Judge RESOLUTION A RESOLUTION OF THE KERB COUNTY COMMISSIONERS COURT AUTHORIZING THE SUBMISSION OF A CONTRACT AMENDMENT REQUEST FOR THE COMMUNITY DEVELOPMENT FUND CONTRACT N0.718257 BETWEEN KERB COUNTY AND THE OFFICE OF RURAL COMMUNITY AFFAIRS. WHEREAS, the County of Kerr entered into a contract with the State of Texas for funding under the Fiscal Yeaz 2002 Texas Community Development Program. WHEREAS, Kerr County completed some activities prior to signing the contract because of the eminent threat to health, safety and welfare of the citizens of Ken County. WHEREAS, Kerr County completed some of the approved activities under budget. THEREFORE BE IT RESOLVED BY THE COMMISSIONERS COURT OF KERB COUNTY, TEXAS. 1. That Commissioners Court authorizes a contract amendment request to be submitted to Texas Community Development Program for exclusion of the following activities: Verde Creek Road Silver Creek Road Kenning Road Spanish Oak Road Witt Road Engineering for Drainage Projects 2. That Commissioners Court designates the County Judge as its Chief Executive Officer to execute all necessary documents as may be required to initiate and process this contract amendment request for Fiscal Year 2002 Texas Community Development Program Contract No. 718257. PASSED and APPROVED on this 12th day of July 2004. ct ~~ Gl~~ Buster Baldwin, Co~missioner Pct. 1 Pct. 3 A,.s~ l . . >~ill Williams, Commissioner Pct. 2 d~ Dave Nicholson, Commissioner Pct. 4 P~ uiley, County Judge CONSTRUCTION SPECIFICATIONS For KERRVILLE SOUTH SANITARY SEWER PROJECT TCDP CONTRACTS # 721075 and # 722411 OAK GROVE MOBILE HOME PARK SEPTIC TANKS MITIGATION Prepared for COUNTY OF KERB :` •,$ 94x: ~ _ ..... ~ -- y~~`&Oil JS'~aee ~.y ~4?ce~a a. ~jn ~~~~~ G R~ TETIZ.A TECH, ]NC 501 Soledad .- San Antonio, Texas 78205 Phone ? 10.226.2922 / Pax 210.2''6.8497 ADVERTISEMENT AND INVITATION FOR BIDS FOR CONSTRUCTION The County of Kerr will receive bids for Septic Tanks Mitigation in Oak Grove Mobile Home Park in Kerrville, Texas, until 5:00 p.m. on June 11, 2004, at 700 Main, Kerrville, Texas 78028. The bids will be publicly opened and read aloud at 10:00 a.m. on June 14, 2004, at 700 Main, Kerrville, Texas 78028. Envelopes must be marked on the outside of the envelope "Sealed Bid" and must be mailed to the Kerr County Clerk, 700 Main Street, Suite #122, Kerrville, Texas 78028. Bids are invited for work as follows: Mitigation of fifty four (54) 500-gallon tanks, two (2) 1,000-gallon tanks and two (2} 1,500 gallon tanks per -- Kerr County Environmental Health Department rules and regulations for proper tank abandonment. All wastewater shall be removed by a registered transporter, tops shall be crushed and tanks filled to ground level with fill material (less than three inches in diameter) which is free of organic and construction _ debris. Disturbed areas shall be graded for positive drainage and reseeded. Contractor will be responsible for all fees and permits and coordination with the Kerr County Environmental Health Department. The work shall be completed within sixty (60) calendar days from the date when the contract time commences. If the work is not completed within this time, the contractor shall pay to the county - liquidated damages in the amount of $500.00 for each calendar day of delay until work is completed. The contractor and his surety shall be liable to the county for the amount thereof. _ Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The contractor, by the execution of the contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The county will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. _ A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the County of Kerr or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. - Performance and Payment Bonds, requires all prime contractors which enter into a formal contract in excess of $25,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before _ commencing with work and a performance bond for public works contracts in excess of $100,000. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the _ locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a - more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund. - There will be no pre-bid conference. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and _ Related Acts) wage rate, as issued by the Office of Rural Community Affairs must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age, or national origin. - The County of Kerr reserves the right to reject any or all bids or to waive any informality in the bidding. Bids may be held by County of Kerr for a period not to exceed 30 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidders qualifications prior to the contract award. Kerr County Pat Tinley, County Judge Date: May 24, 2004 All contractors/subcontractors, which are debarred, suspended or otherwise, excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full in this project. INSTRUCTION TO BIDDERS FOR CONSTRUCTION Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use. 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to the locality or engineer no less than seven (7) days prior to the -- bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five (5) days prior to bid opening. It is, however, the bidder's responsibility to make - inquiry to any addenda issued. All such addenda shall become part of the contract documents and all bidders bound by such addenda, whether or not received by the bidders. - 3. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint himself with the - existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The bidder should thoroughly examine and familiarize himself with the drawings, technical specifications and all other contract documents. The contractor, by the execution of the contract, shall -- in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The city/county will be justified in rejecting any claim based on lack of - inspection of the site prior to the bid. 4. Alternate Bid Items - No alternate bids or bid items will be considered unless they are specifically requested by the technicai specifications. 5. Bids a) All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b) All bids must be regular in every respect and no interlineations, excisions or special conditions may be made or included by the bidder. c) Bid documents, including the bid bond, and the statement of the bidders' the qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", project number, name of bidder and the date and time of bid opening. d} The locality may consider as irregular any bid on which there is an alteration of or departure from the bid form and, as its option, may reject any irregular bid. e) If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. IB-1 6. Bid Modifications Prior to Bid Opening a) Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the city/county prior to the closing time, and provided further, the city/county is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the city/county until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. - b) Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final - prices or terms to the city/county until the sealed bid is open. 7. Bid Bond - a) A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as per value) may be submitted in lieu of the Bid Bond. b) The bid bond or its comparable will be returned to the bidder as soon as practical after the opening of the bids. 8. Statement of Bidders Qualifications - Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The locality shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the locality all such information and data for this - purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the locality that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of - overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as _ the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 10. Corrections Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids - Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after - the time fixed for opening, but before the reading of all other bids is completed, and it is I B-2 shown to the satisfaction of the locality that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids - The locality shall, at the time and place fixed for the opening of the bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by - communicating his purpose in writing to the locality. Upon receipt of such notice, the unopened bid will return to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly. 14. Award of Contract/Rejection of Bids a) The contract will be awarded to the responsive, responsible Bidder submitting the - lowest best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b) The locality reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract. 15. Execution of Agreement/Performance and Payment Bonds _ a) Performance and Payment Bonds, requires all prime contractors which enter into a formal contract in excess of $25,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a - performance bond for public works contracts in excess of $100,000. b) The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re- advertisement, the defaulting bidder shall have no claim against the locality for a refund. - 16. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis-Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the bidder to inform themselves as to local labor conditions. IB-3 D R' CONTRACTOR 429 PETERSON DRIVE KERRVILLE. TE?;AS 78028 Phone: 830-2i7-3739 Fax: 830-2~7-3740 Proposal Submitted To Couni~~ of Kerr Street 700 Mait1 Suite #122 -' Cin~ I~ern~ille, Texas 78028 We hereby submit specifications and estimates for: Phone Date 896-9020 June 9. 2004 Fax ?vfobile 792-4903 Job Name Septic Tanks Mitigation Oak Grove Mobile Home Park Kerrville. Tai Furnish labor and material for septic tank mitigation in Kerrville South at addresses attached on Exhibit "A". Mitigation as follows: Pumping and removing existing waste material from septic tanks. _ Crushing of lids and filling septic tanks with non-organic material. We propose hereby' to furnish material and labor -complete in accordance with above specifications, for the sum of: lJort~-nine thousand four hundred :~~o dollars and nol1QQ ............................................ (S 4S,4Q2.00} Payments io be made as follows: _ Monthl~~ draws as job progresses All material is guazanteed to he as specified..Al] work to he completed in a workma~ilike manner according to standard practices. .Any alteration Or deviation from above specifications involving extra costs will be executed only upon w7itten orders, and will become an extra charge over and above the estimate. All ageentents contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessar}~ insurance. Our workers are full}~ covered h}~ Workmen's Compensation Insurance. ACCt;ptanCC Of PCOpOSaI - T7te above prices, specifications and conditions are satisfacton~ and are hereby accepted. You are autttorized to do the work as specified. Payment will be made as outlined above. Proposal Authorized ~ ~~ _ I ~~ ' ~ ~ - ~ 1 i Signature Note: This proposal ma}~ be withdrawn by us if not accepted with 30 days. Signature Signature Date of .4cce lance: r RC1M : DlJ ELECTP. I C CO. FRX N0. :830-257-3740 Jun. 29 20D4 03:21PM P2 D W CONTRACTORS '-' 429 PETERSON T).RIVI; ICERI2VILLE, TEXAS 7802R P~onc: 830-257-3'139 Fax: 83U-257-3740 Sttbmittad To Phone Hate _ County of Kerr R9G-902(1 3une 29, 2U04 Su'cct F~jx 17obilc 740 Mutt, Sui1c ;st:t22 792-4903 City doh Name _ Kerrville, Texas 78028 Septic Tanks Mitigation Oak Crrove Moriile I~omc :Hark - Pltase I Kerrville, 'I'X ME1VI0 Furnish labor and material for septic tArtk mitigAtEon of Kerrville South :Phase ~1- _ at tht^ following addresses only: .10:1. Wood 301. Wood 502 Wood 102 :Ripplewood 102 Wood 304 Wood 504 Wood 104 Ripplewood 107 Wood 305 Wood 506 Woad 108 Ripplewood 108 Wood 306 Wood SO$ Wood 1.10 Ripplewood 109 Wood 308 Woad 110 Wood 310 Wood 102 Greenme0dow 103 Greenmeadow 201 Wood 105 Greenmeadow 202 Wood 106 Greenmeadow 203 Wood 108 Greenmeadow 204 Wood 404 Wood 1.09 Greenmeadow 205 Wood 4A6 Wood 11.1 Greenmeadow 206 Wood 408 Wood 1.1.2 Greenmeadow 20R Wood 1.14 Greenmeadow 209 Wood 116 Greenmeadow Thirty-five thousand three hundred ninety-five dollars and no/100,,,..... (~ 35,395.00} w FROM 'DW ELECTRIC CO. FAX N0. :830-257-3740 Jun. 29 2004 03:21PM P3 I1 W CONTRACTORS - 429 PETERSON .DRTVE KERRVILLC, 'TEXAS 7802K Phone: R30-257-3739 Fax' 830-257-3740 3ubmitspdT~ Fhone i)xtc - County o('Kerr 896-9020 Junc 29, 2004 Street Fxx ?vtobiio 700 Main, Suitc #1.22 792-4903 City Job Name _ Kerrville, T'caas 78028 Septic Tanks Mitigation Oak Grove Mobile Tiomc P;~rk -Phase II Kcmfillc, TX MEMO Furnivh lobar and material for septic tank mitigation of Kerrville South Ph II - at the following addresses only: 103 Waod 101 Sweetwater 107 Sweetwater 104 Wood 103 Sweetwater 108 Sweetwater 105 Wood 1.04 Sweetwater 109 Sweetwater 105 Sweetwater 1 ] 0 Sweetwater - 106 Sweetwater 112 Sweetwater (2)1000 gallon tanks (2)1500 gallon tanks Fourteen thousand seven dollars and no1100 .................... ($ 1x,007.00) FP.OM :DW ELECTRIC CO. FRX N0. :830-257-3740 X4/23/2964 12:11 2102268497 TETRa TECH N~+me Name Number Street Ann Racy June LandrQ#h 167 ; q5 Wood Wood pon Dodsr~n 109 Vdootl Clinton C'reerl .Modesto Marzingz 11Q Z01 Wonr~ Wood Pe#e Bro#hy Ino name Z02 203 Wood Wood Jack Canturell 2D4 IfJood ~ROn ~impaon 20~i lrVaod ;Allen Howard 2p6 Waod Ffo d Janes 208 Woad Brian Caurtn®y _ 2Q9 Wood Kenneth Slbbitt a01 WQOd n 'La~van e Harrison 304 Wood Sharon Mor an 305 Wood ~~Marion Thorn 308 Wood .- , F~obert Borman 308 Wood d i I_~rry Mosel 310 Wood vacant Susan eaxtw~r 404 Waod Barbara Aianis 406 _ Waad Marcie TerrOll 40;3 Wood ,loan Cu~ rrtmin~s X02 1Nood hr~sel Bishop _ fiD4 Waod Luoinda Means 506 WCOd ~iRamona Hammon 508 Wood James Cow il; wa~Ildn't ®ive name vacant Maur Smatman Allen Bel! Pearl Cole Y Robert ~arnandez vacan± Qer~roe C3arrOwman Trod, Perkins Ralph Sin letary Ralph Sin late, ~ t2;-zf tar MpSaj I-""' Diana Wood IJohnn - VUa{~ace Sall Alter ~MiahQlle Ayala Dnrlpne Mertlnez Batt Jo{litt Mlke Ernst K~rifh Couch . SI1e I Hill Fred Cann~ll Richard B. Ernst ~ Nelda Parks 'Stephen Moone Loretta Treadwaf! ',E{ease La Bonct ~Josoahlne gholm Rosia betas 5antoa Jesn Marlln Apr. 2E~ 2004 01:24PM P3 PAGE 02/02 N.~mSer -.'"~ Stra~f ~c~ 1 p2 Creonme d 103 ~roenmaagq~ ., 10~ ~~reQnmp~ggw 106 Gresnrneadaw "--,. 1Q~ Greenrnea~oU~ 708 ~reenm~adow -_ _ 11 Greenr~ee~dow 11~ GreenmeadQw ~~ i 14 Grennmeadow homd)1E Greenmerpdow 120 ~ " , 102 RI'p 12wopq'~ 104 Rip,{EV,~oatl 1D8 Ri plewnod '170 Ri pl?wood ~ C i Sweetwater ~1D3 sweetwa#er 104 Sweetwater 905 ~wectwaier 1 G6 Sw®®>:w~t4r 1 D7 Swegtwa#er ~ 0 B Sweetwater 1 D9 5w~etwater 110 Sweetwater i 12 awe®twater 10'1 Wood 'I D2 Wood 103 Wood 10~ VVOed 105 V~ood NA~rIGATORS INSURANCE COMPANY' One Penn Plaza New York, New York 10119 Bid Bond KNOW ALL MEN BY THESE PRESENTS: That Iwsen the uautc uud address. or legal tide, ni the Pnucipali Bond No.: 1140-3 D V1' Contractors 4_'9 Peterson Drive, Kerrville, Tfi 7808 as Princilal, hereinafter called Principal, and NAVIGATORS INStTRANCE COMPANY, a corporation, hereinafter referred to as Suren', organized and existing under the laws of the State of New York and authorized to do business in the State of Teas, are held and firmly bound unto (laeen dtc nalnc and address. or legal tide, of the Obligee i~ Kerr County 700 Main Street, Suite #L2, Kerrville, T~ as Obligee, hereinafrer called Obligee, in the penal sum of Fn'E PERCENT (S%) OF AMOUNT BIDDollars (~S% OF AMOL>N''I' BID) lawful mone}~ of the United States of America, for the payment of which sum, well and trul}~ to be made, we bind ourselves our Executors, Administrators and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for (Insen pnpen desenption and location beloa~> Septic Taal: Mitigation in Oak Grove Mobile Home Park NOW, THEREFORE, if the contract is awarded to the Principal (for Private Works, that the Surett~ has been prv~~ided with sufficient proof by the Obligee of acceptable fmancing for the project), and the Principal has, within such time as may be specified, (for Private Works, u1 no event later than 60 days after such award) entered into the contract in writinb, and provided a bond with Suret~~ acceptable to the Obligee for faithful performance of the contract; or if the Principal shall fail to do so pa}~ to the Obligee the difference not to exceed the penalt~~ hereof between the amount specified i1i the bond and such larger amount for which the Obligee may in Rood faith contract with another part} to perform the work covered by the bid, then this obligation shall be void; other~~ise to remain in full force and effect. -~~ Signed and sealed this 8th da}~ of June ,2004. (Seal if applicable) D ~' Contractors (Print or [ype name of P~ ci~)~~~'/~"' L~ B~ . ~~' (Signature of authorized representative) David VVahrmund, President (Type u:uue and title) (scan NAVIGATORS INSURANCE COMPANY By: (Attontey-iu-Fact I Da~~id E. Sund (Name Typed) ~~~IG~TOF:S I1SUt~->1~C'E CO~•IY:~NI' One Penn Plaza. New 1 ork, NY l Ollt1 ~12-34d-2333 LI!1'IITED PO«'ER OF ~TTOR`v'E~' K?~IUV+' ALL R~1EV' Bl' THESL- PRt~SENTS: That the ?rA`~`IG:AT'CiRS fNSUP~.ANCE ~_'ON1P.'.N`~ . u corporation orgarnzed and exisunR by virarr- of the laws n. the State o' Neu l~orl_ ("Company" or "Corporation"e, does hereby nominate, :;onsutute anc appwnt, David E. Sued, Lana Sued. and 1{imher•h~ Ftuoni of Ltsurancr ('uncepts of San antoniu, Inc. , us vue ana lawf'u, _t.ttomeyts rip-fact [o mane. ezecum. attest, seui ana deliver [ur and on us hehali. as surea~. and as its ac: and deed. where requuec, am. and al! bonds, undrak:nas, recoRmzanees and ~~Trtten obh~~anun_ m the nature the:~eui; the pupa] sum o~ no one of whech is en am_ event to exceed `~~ ..000.OUti.UG Such bonds and undcrtahmes. whenduly executed by the aforesaid Attorneys?-m-fact shall be bindm~ upon the said Company as fully and ro the same extent a5 i~ such bonds and unciena;:ings were signed bti the Prestdent and Secretan~ of the Compam and sealed wnh its corpurate seal. Thts power of Attorney is ~~ranted and s signed bv_ facsimile under and ~.~y the authurit} of the following Resoluuar sdopted by the board of Directors of the Company on the 7th day of June, 20U2 IZESOL`:'CD, tl;at the Prestdent, or am' Vice President of the Company or any Person designated b} any one of them is hereby authorized to execute Powers of .Attorne}' q,ualifymg :he attorney named rn the etven Power of Attorney to execute on behalf of dte Companti-, bonds. undertakings and all contracts of suretyship, and that an}~ Secretan~ or any .assistant Secretarc of the Cumpany be. and that each or any of them hereby is authenzed to attest the execution of any such Power of Attorne}~, and to attach thereto the Seal of the Company, anct it was FURTHER P.ESOL~')JD, that the signature of such officers and the Sea! of the Company may be affixed to any such Power of Attorney or to am_ certficate relating tltereto,by facsrmile, and any such Power o' Attorney or certificate bearm~a such Facsimile signatures or facsimile seal shall be thereaGer ~~alid and binding apon the Company with respect tc~ any bond, undertaking or contract of suretyship to which it is attached. Bonds e xecuted under this P over o i'A ttomey m ay b e e xecuted under facsimile s igrrattrre a rid s ea! p ursuant t o t he fnllowmg Resolution a dopted 'r,}~ t he B aged n F Directors of tine Company on June ., 200- R;;SOLVED, that the sigrianrre ol'the President of this Company, and the seal of this Company may be affixed or printed on any and al] bonds, undertakings. recognizances, or other written obligations thereof, on any revocation o any Power o f Attorney, o r on any certincate relating _, thereto, by facsrmile, and any Power of Attorney, any revocation of any Pozyer of Ariomey. bonds, undertakins, recognizances, certificate or oti~er written obligation, beating such facsimile sigtezture or facsimile seal shall be valid and bending upon the Co~poration- IN W[TNESS WHEP.EOF, the NAVIGATORS INSURANCE COivIPAN1'' tiros caused its corporate seal to be hereunto affixed, ana these presents to oe signed by its dun authorized officers this 2ti°i day of June, 2002- =~ - - . -~ -_ .,-T.....~' BY:-_ Attest: PRE~DENT ./f ~ ~:. l ~ r j - f J SECRETARI' STATE OF NEW YORK On this 26°i day of June, 2002, before me personally came Stanley A. Galansl.i, to me kmoum, who, being duly sworn, did depose and say: that ;te is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal ,affixed to the aforesaid instrument is such corporate seal and was affixed thereto'hy order and authority of the .Board of Directors of said Company; and that he executed the said mstrument by ]tike order and authority: ANGELA CCJNENNA Notary Public, State of Piew York No. 01 COo029967 Quali#lecS in Kings County Commission Expires :.:gust 3U,~OUS i ~, 1 _ I , ~ ~ ~ ~% c~'~~ ~ _ NOTARY PUBLIC STATE OF NEW YORK COUNTY Or NEW YORK ss. 1. B radley D. Wiley, S ecretar}~ o f t he N AVIGATORS INSURANCE C OMPANY, a c orporation o f t he S fate o f N ew Y ark, d o ii ereby c ertify t hat t he a bove a rid foregoing is a full, true and correct copy of Power of Attorney issued 6y said Company, and that I have compared same with the original and that it is a correct "' Tanscript therefrom and of the whole of the onguial and that the said Power of Attorne}• is still in full force and eIIect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and axed the seal of said Company, at the City of New York, this A fi h day of Tt t n P ? Cl (14 - '-i ~ - ~_ -- _ - = - ,,._.,~= SECRETARY '~ NAVIGATORS II~TSURANCE COMPANY Required Notices Rider - Complaint/Claim Notice To obtain information, or make a complaint: ~'ou may call the Suretti~'s telephone number for information or to make a complaint or file a claim at: (847)230-1930 ~'ou May also write to the Surety at: Navigators Insurance Company cio Navigators Management Company, Inc. li7~ East Woodfield Road Suite 720 Schaumburg, IL 60173 Fax #: (847)230-1934 I'ou may-• contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-2~2-3439. You may v~7ite the Texas Department of Insurance at _ P O Boa 149104 Austin, TX 78714-9104 Fax #: (> 12)47-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your pren;ium or about a claim, you should contact the Surety first. If the dispute is not _, resoh~ed; you may contact the Texas Department of Insurance. SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused b y c ertified a cts o f t errorism w ould b e p artially r eimbursed b y t he U nited States ~~ under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the e insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which Navigators Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) STANDARD FORM OF AGREEMENT - BETWEEN OV~rNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE - THIS AGREEMEN"1' is dated as of the between the County of Kerr (hereinafter called CONTRACTOR). 5 day of in the near ? Oo~ by and called OVA R) and D W Contractors (hereinafter OVi'NER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Worl< is generally described as follows: TDCP CONTRACTS # 721075 and #722411 FOR OAK GROVE MOBILE HOME PARK ~' The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: PHASE I -MITIGATION OF FORTY-ONE (41) 500-GALLON SEPTIC TANKS (TCDP CONTRACT #721075) PHASE II -MITIGATION OF THIRTEEN (13) 500-GALLON SEPTIC TANKS, TWO (2} 1,000-GALLON SEPTIC TANKS AND TWO (2) 1,500-GALLON SEPTIC TANKS Article ?. ENGINEER The Project has been designed by Tetra Tech, Inc, hereinafter called ENGINEER and who is to act as OV~rNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in commection with completion of the Work in accordance with the Contract Documents. - Article 3. CONTRACT TIME 3.1 The Work will be substantially completed within sixty (60) days from the date - whcn the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within sixty-five (65) days from the date when the Contract Time - commences to run. NOTE: Payment Bond will be required. 32 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work - is not completed within the times specified in paragraph 3.1 above. They also SA-1 recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Worl: is not - completed on time. Accordingly, instead of requiring any such proof, OV~'NER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OV~rNER Five Hundred Dollars ($500.00) for - each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the _ remaining Fork within the time differential shown for the original completion time, or any proper extension thereof granted by OVdNER, CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) frn- each day that expires thereafter. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: PHASE I -Thirty Five Thousand Three Hundred Ninety Five Dollars ($35,395.00) PHASE II -Fourteen Thousand Seven Dollars ($14,007.00) A TOTAL OF Forty-Nine Thousand Four Hundred Two Dollars ($49,402.00) Article ~. PAYMENT PROCEDURES - CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Article 6. Not Applicable Article 7. CONTRACTOR'S REPRESENTATIONS The CONTRACTOR makes the following representations regarding this Agreement: 7.l CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and - Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. - 7.2 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and with the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. SA-2 Article 8. CONTRACT DOCUMENTS The Contract Documents v~~hich comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 4, inclusive) 8.2 Exhibits to this Agreement 8.3 Contractor's Bid -' 8.4 General Conditions 8.> Contractor's Payment Bond Article 9. INSPECTIONS 9.1 The OWNER may inspect the construction of the project at any time to assure that: 9.1.1 The contractor is substantially complying with the approved engineering plans of the project. _ 9.1.2 The contractor is constructing the project in accordance with sound engineering principles. 9.2 Inspection of the project by the OWNER does not subject them to any civil liability. Article 10. MISCELLANEOUS 10.1 Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 102 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 1.0.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, - assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. -- NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT. SA-3 IN WITNESS WHEREOF, OWNER, and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OVA-'INTER, CONTRACTOR and " ENGINEER. All portions of the Contract Documents have been signed or identified by O~~~NER and CONTRACTOR or by ENGINEER on their behalf. -' This Agreement will be effective on ~/-~ , 20b~ OWNER: CONTRACTOR: COUNTY OF KERB D VJ CONTRACTORS _ '°~ By -~ .__~~ ~ ~' By ~C~ ~ - ~~~~ i ~~~SSIO NEgsC, (Seal) c.>~ ~~ (Seal) ~ ~ ~ ~ Attest Attes Address for giving ngti~es Address for giving otices rJ~~ ~Q,~x..,A-~'~-~ 429 Peterson Drive _ ~ a,~ Kerrville, TX 78028 ~~Z ~' (If OWNER is a public body. License No. attach evidence of authority to sign and resolution or (If CONTRACTOR is a corpora- - other documents authorizing tion attach evidence of execution of Agreement.) authority to sign.) S A-4 TCDP GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION CONTRACT 1. Contract and Contract Documents a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas Community Development Program (TCDP) and is subject to all applicable Federal, State, and local laws and regulations. b) The Plans, Specifications and Addenda, shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: a) The term "Contract" means the Contract executed between the Kerr County, hereinafter called the Locality and D W Contractors, hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. _,. c) The term "Engineer" means (name of engineering firm), Engineer in charge, serving the Locality with architectural or engineering services, his successor, or any other person or persons, employed by the Locality for the purpose of directing or having in charge the work embraced in this Contract. d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of _ Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision by Contractor a) Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local _ Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. '- b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 4. Subcontracts a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor(s) as eligible to participate in federally funded contracts. b) No proposed subcontractor shall be disapproved by the city/county except for cause. c) The Contractor shall be as fully responsible to the city/county for the acts and omissions of his subcontractor(s) and of persons either directly or indirectly employed by them. d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Locality. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor a) Partial Payments • The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his -- approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be _ retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such -- materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. • Monthly or partial payments made by the Locality to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Locality. Such payments shall not constitute a waiver of the right of the Locality to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Locality in all details. b) Final Payment • After final inspection and acceptance by the Locality of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. • The Locality before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Locality deems it necessary in order to protect its interest. The Locality may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties - furnished under this Contract. • Any amount due the Locality under Liquidated Damages, shall be deducted from the _ final payment due the contractor. c) Payments Subject to Submission of Certificates Each payment to the Contractor from the Locality is subject to submission of all written certifications required of the Contractor and his subcontractors. _ d) Withholding Payments The Locality may withhold from any payment due the Contractor whatever is deemed necessary to protect the Locality, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Locality and will not require the Locality to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Locality elects to do so. The failure or refusal of the Locality to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under - this Contract. 7. Changes in the Work a) The Locality may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the TCDP staff prior r to execution of same. b) Except for the purpose of affording protection against any emergency endangering -- health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing andlor installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Locality authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. - c) If applicable unit prices are contained in the Agreement, the Locality may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original _ total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%) for counties or twenty-five percent (25%) for cities. - d) Each change order shall include in its final form: • A detailed description of the change in the work. _ The Contractor's proposal (if any) or a confirmed copy thereof. • A definite statement as to the resulting change in the contract price and/or time. • The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. • The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost ~' or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Locality, stating clearly and in detail the basis of his objections. No such claim will be ._ considered unless so made. b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps _ issued. c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Locality and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Locality. d) If, on the basis of the available evidence, the Locality determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination, Delays, and Liquidated Damages a) Right of the Locality to Terminate Contract. _ In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Locality may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease -- and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Locality shall immediately serve notice thereof upon the Surety and the _ Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Locality may take over the work and complete the project by bid/contract or by force account at - the expense of the Contractor and his Surety shall be liable to the Locality for any excess cost incurred. In such event the Locality may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and _ necessary therefore. b) Liquidated Damages for Delays. - If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Locality as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of ($ 500.00 ) for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Locality for the amount thereof. c) Excusable Delays • The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: - Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; - Any acts of the Locality; • Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or _ negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Locality, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones - and other extreme weather conditions. • Provided, however, that the Contractor promptly notifies the Locality within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the _ Locality shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Locality shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 10. Assignment or Novatio The Contractor shall not assign or transfer, whether by an assignment or novation, any of its - rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Locality; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Locality. No assignment or - novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or -' corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Disputes a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, '- or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Locality for decision. Any claim not presented within the time limit specified in this paragraph shall _ be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Locality. b) The Contractor shall submit in detail his claim and his proof thereof. - c) If the Contractor does not agree with any decision of the Locality, he shall in no case allow the dispute to delay the work but shall notify the Locality promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. - In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Locality, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawings a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in five j 5 ~ copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the - Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been - approved. c) If a shop drawing is in accordance with the contract or involves only a minor adjustment - in the interest of the Locality not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. - 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Locality for any - additional information not already in his possession which should be furnished by the Locality under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties - involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that _ time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 15. Materials and Workmanship - a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular - standard, the Engineer shall decide the question of equality. b) The Contractor shall furnish to the Locality for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes '- to incorporate. c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. e) The Locality may require the Contractor to dismiss from the work such employee or employees as the Locality or the Engineer may deem incompetent, or careless, or insubordinate. 16. Samples, Certificates and Tests _ a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The - accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other _ detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. c) Approval of any materials shall be general only and shall not constitute a waiver of the Locality's right to demand full compliance with Contract requirements. After actual _ deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the - work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: • The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; • The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements, • The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; • The Locality will pay all other expenses. 17. Permits and Codes a} The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility _ installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Locality. Where the requirements of the drawings and, technical specifications fail to comply with such applicable ordinances or codes, the Locality will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction andlor install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Locality. c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. - d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or _ connected with the Improvements contained in this Contract. e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the _ Contractor, if directed by the Locality, shall moisten the bank and surrounding area to prevent a dusty condition. 18. Care of Work a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall _ be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Locality is authorized " to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Locality. d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the _ vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property Locality or other party before the commencement of any - work. The Contractor shall indemnify and save harmless the Locality from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Locality may become liable in - consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or - dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b) The Contractor shall exercise proper precaution at all times for the protection of persons - and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. _ c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Locality with reports concerning these matters. d) The Contractor shall indemnify and save harmless the Locality from any claims for damages resulting from property damage, personal injury and/or death suffered or _ alleged to have been suffered by any person as a result of any work conducted under this contract. e) The Contractor shall provide trench safety for all excavations more than five feet deep -- prior to excavation. House Bill 1569 concerning trench safety legislation are made a part of these contract documents for Contractor's reference. All OSHA Standards for trench safety must be adhered to by the Contractor. - f) The Contractor shall at all time conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the city/county, shall be opened to the ._. public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Locality at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. "' As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 21. Use of Premises a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Locality, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. b) The Contractor shall comply with all reasonable instructions of the Locality and all - existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and - public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection a) All materials and workmanship shall be subject to inspection, examination, or test by the Locality and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Locality shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Locality may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Locality. b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Locality will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the - technical specifications. c) The Contractor shall notify the Locality sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval - or consent of the Locality, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Locality. d) Should it be considered necessary or advisable by the Locality at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Locality or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 24. Review By Locality The Locality and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to _ this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Locality through its authorized representatives or agents. 25. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Locality in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Locality will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 26. Deduction for Uncorrected Work If the Locality deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Locality and subject to settlement, in case of dispute, as herein provided. 27. Insurance a) The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Locality. b) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by ~' the Contractor's Worker's Compensation Insurance. c) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: (500 000), (500 000), and ( 500 000). d) Proof of Insurance: The Contractor shall furnish the Locality with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Locality." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be _ purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Locality free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a _ lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Locality. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Locality or the public shall constitute - an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of twelve (12~ months from the date of final acceptance of the work. 30. Compliance with Air and Water -. a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: '- Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. -- He will comply with all requirements of Section 114 of the Clean Air Act, as amended. • Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. b) If the Contractor encounters existing material on sites owned or controlled by the city/county or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and - the Locality. The Locality will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Locality. The Locality may suspend the work, wholly or in part during the testing, removal or dispostion of hazardous materials on sites owned or controlled by the Locality. 31. Equal Employment Opportunit a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national -' origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Locality. b) The Contractor will, in all solicitations or advertisements for employees placed by or on "` behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d) The goals and timetables for minority and female participation, are as follows: Goals for Minority Participation 49.4% for Each Trade Goals for Female Participation 6.9% in Each Trade e) These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. f) The Contractor shall take affirmative actions to ensure equal employment opportunity. _ The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. g) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. h} A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. - i) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. - j) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. k) Nothing herein provided shall be construed as a limitation upon the application of other '- laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Handicapped Workers The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or '- applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment - practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be - excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training Employment, and Business Opportunities a) To the greatest extent feasible opportunities for training and employment be given lower - income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. -- b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit - his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time - clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of - race, creed, color, or national origin, because of habit, local custom, or otherwise. 35. Job Offices -- a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Locality shall be consulted with regard to locations. b} Upon completion of the improvements, or as directed by the Locality, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements ""' a} The Locality may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: b} The use of such sections of the Improvements shall in no way impede the completion of "' the remainder of the work by the Contractor. c) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. d) The period of guarantee stipulated in the Section 132 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawings The Local Public Agency will furnish the Contractor without charge three (3) copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Locality in the Notice to Proceed, and shall be fully completed within ferl~€ive--f--•4~i.-3 calendar days thereafter. ~~.~.~_ f~J~ !~1 -- 40. Liquidated Damages T ` // Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Locality the sum of Five Hundred Dollars ( 500.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. -~ Lase: June _ ~'OC=' General Decision Number T~:0300~8 S ~ a t e : TEAS '-'~ Coz:st~t:ction "'~v'T~~ HEAI'i' FIGHWAY - Count~~ (es ! . AR~.NSAS r F IO ~LIiNO AI'ASCOSA GILLESPIE MASON - AUS^'IN GOLIAD MATAGOP.DA BAivTDER ~ GONZF'_LES MAVEP.-Ci'; B=-STROP JACi:SON MCMULLEN BEE JIM HCGG MEDTNA BLANCO J IP~I G3ELL5 r`'.EFUGIC% B ROO i,S I:ARIdE S S TARR BUP?JET F',ENDALL :7V?-:LDE -_ CALDWELL }"ENED~' W ~~_RTON CALHOUIQ F"F R P_ W I LL ACY CCLCP.A_DO I:LEBERG WILSOfi DE L7IT'" LF'~ SALLE ~APATA ~' DIMMIT LAVACA ZAV_z:~A DU'JLZ LEE FP_1E'='TE LI~,TE 0_~' Heat'S' !el;cluding tunnels and dams and all heatTy wor}_ in Matago~-da and Wharton Courtiesi and Highway Constructior_ Projects (does not include building struotures in rest area projects; and Incidental Shore wo,-}__n ?~ransas, Bee, '- Broo}.s, Calhoun, Deti^:itt, Goi_ad, Jackson, Jim Hogg, Jim Wells, F~arnes, _ ,-g ?~eneov, Flebe_ Lavaoa, Live OaJ: , ?eiu io, Starr, Gii g llac~~ and Zapata Counties. .S?TT}.2G41A 03/26/1998 Rates Fringes -- ASPHALT R.AY.EF. 7 . 8 b ASPHALT SHOVELER 7.25 CARPENTER 9.81 CONCRETE FINISHER-PAVING 9.41 CONCRETE FINISHER-STRUCTURES 9.,~0 COCNP.ETE RUBBEE 8.02 ELECTF_ICIAN 13.94 -- FLAGGER 5.99 FORM BUILDER-STRUCTURES 1C.05 FORM SETTER-PAV"ING & C;JP_B 8.32 FORM SETTER-STRUCTURES 8.54 - LA~3;~RER-COMMCN 6.67 LA.BGP.~R-UTILITY 7.58 MECHANIC 9.38 _.. SEP_VICER 8 . 0 3 PILEDRIVER 13.75 PIPE LATER 7.89 ASF"rLULT DISTP.IBUTOR CPER_ATOP. 8.64 - ASPHALT PFtiING MACHINE 9.47 BROOM OR Sin'EEPEP OPEPJ3TOR 7.09 Ts_1730038 Pa~2 1 E/1' /20C3 -- BULLDO~EF_ c.ES CONCRETE PACIIQG SAW 9 . O G Cr ~s7E , CL ~~MSHE=,L , BACI'.HOE , DEFF:IC£, DF~Gi,INE, SHOVEL 10 . i6 5'OUIJD-_'~'IOI: DF ILL OPEF Z TOE'. TPU^_I'. MOUIJTEL «.3I F RON'I EI1L LO~.DEF 6 . 2 0 .~ MOTOF' GF_SDEF_ OPE =:~ TO`r. FINE GRADE .1 . 5 6 MOTOR GR~=.DER OPEP~:TOP 5.7' PAVEMENT M_U~?I"ING MACHINE 6.1C *OLLEP, STEEL WHEEL PLAIQT-MI}: PAVEMENTS 8.4E ROLLER, STEEL WHEEL OTN_EF, FLATi~7HEEL Ok TAMPING 6.67 ._ ROLLEP_, PNE'.TMATIC, SELF PROPELLED ?.0~ SCP.A.PER 7.65 TRACTOF-PNEUMATIC .31 TRAVELING MISER ? . ?6 REINFOP.CINC STEEL SETTER PALING E.90 SPPEADER BO}= OPERATOR 6.3E BFRF'ICADE SERtiI^EP_ WORI{ ZONE ~ . 09 ,~ TP.UCR; DRI~?ER-SINGLE ?i7~LE LIGHT 7 . ~2 TRUCIr DPIVER-SINGLE r.}'LE HEAVY 6.?5 TRUCE: DR I E'ER- TAA7r1i EM F.YLE SEMI - TP.A-LER 7 . 6 0 "' TRUCf~' DP IVEF -LOWBOY;' FLOAT ---------------------------------- 10.2 9 ------------------------------ EIJD OF GENEF.F1 DECISION ... T}:G30J~5 Pa~B 2 c/1~,'2GC~ ATTACHMENT 7-tN ~edera! Labor Standards Provisions U.S. Department o* Housinc and UrGan ~eveiopmen; Applicability The Praec~. or Proararr: to which trle construction worn: covered by this contra :: pertains is being asslstec !~~' the United Stales o' An~lenca and the followlnr', ~edera' Labor Standards P~ovlslons arc Inc,udeu Ir. this Contract pursuant 'o t'ne provisions andilcabi~ to suc~" Feceral asslstanc.e. A. 1. (ij Minimum Wages. ,~,; laborers ant mechanlcs employyed or worklnG upon the site of the wort for under the United States Houslna Act or 19", or under the Housing Act of 19~1D rn the construction or development of the proiect'i, wii'~ oe paid uncondltlonal!~ and no: less than once a weer:, and withou~ subsecuent deduction or Tecate on any account iexcept sucr payroll deductions as are permitted by regulations Issued by the Secretary or' Gabor under the Copeland Oct (29 CFR Part 3i, the fUl' amOGf't Uf vVaGe~ ant UUria ilUe it IrigB berie`It~ for case equivalents thereof' cue at time of payment computed at rates not 'ess than those contained in the wage determinat~~or of the Sec~atarv of Labor which is a;;ached hereto a~nr made a part hereof. -eg,ardless o- an~,~ coocactua'. relatlonshlp which may. be all^ged tc e;:ls: ber~r~ean the contractor ana ssch ia5ore~s and meci~anics ~or;tri'butions moos Or CCStS reaSOnabIV arltl%IDateC iCr bona ?IDs rringe benefits under Sectior 1 id);21 of t:'~e Davis-Bacon ,Act on aenalf of laborers w mec;ranlcs are :;onsiderec wages palC tc such ',adorers or mechanlcs: subject to the provisions o~ ?G CFP. 5.5;a)i 1)jrrj; also, regular contributions made or costs Incurred for more Char a weeKiy per iud (but no less o?ten. than quarerlyl under plans, funds, or programs, vdhich cover the particular weekly penod, are deemed to be corlstructlvely made or incurred dunnc such weekly period. Such laborers and mechanlcs shall 'ce paid the aaproprlate wage rate and fringe Benefits on the swage determination for .he classification of work actuaN}^ performed, without regard to skill, except as provldad m 29 CFR Par'. 5 5(a li~l ~. Laborers or meth-ianics performing ~wori: m more than one classlticatlon may be -cdmdensated at the rate soec~fied r'or eacf~ classification for the time actua:!y ~.vcrked therein rrovlded, that tf~~e employer's payroll ~ecords accurately set forth the time spent in each classlficatlor, In ,~-rich work Is performed. The ,wage determirlat~.on i nc~udmg any additional classri,,atioliond ~~wagr~ rates conrermed under 29 ~FR Part ~.5lal(" Kill and t~ne Day-~s-Bacon poster ,',~H- ~g~ ,shat! be d~stec~ at all tlrr~es b~, the • , contractor and Its subccntrac'n~_ ,=- the =.ite of the Previous Edit,on is Obsolete Wort. Ir, a r rCrlllr~ent anS aCGe~Slble glace Vv~ere It can be easll~: seer b~, the workers (ii)(a) ~.m,~ clas or laoorers or mechanlcs which Is no:Ilstec Ir~ the v,~age oeterml^,atlon ant whlc~l is tc~ be empioyec: under the dontrac' seal; be ciassifiec in co ~rorniance vvltl- the ~,vage rats cnd fringe benefits ;herefere only,' when, the fol!owlnc criteria have beer~~ met (1 }The word: ,o be performed by the classrffcatlon reeuestec I: not perTOrr-led b~,' a classification In the wane determinatlon~ and (Z} Tne classic"icat,or~ Is utilise„ In the area by the construc.tlon industry, and {3j she prcposPd wane rate. ~nciuding any bona tine rringe bener"its; 'tears a reasonable relatlonshlgto the woos ~ates contained in the wage determlr~atlOn _ ~_r ~pf ? .riC cv ntractor ar Id ln~ IduOre rJ and mechanlcs to be empio~,~~ed Ir the classincation iii i:nown;, or their representati•~~es, and HUD or Its designee agree on the ::lassification and wage rate ilncludinc the amount o~slgnated for r`rinae benefits where approariate;. ~ ~eoort of the action taken shall be sent by HUB ~ o~ Its deslgnee to the Adminlstra.or c= 'the '~-Page ant Hour :~IVision. ~mpfoyme^t S.andards Administration. U.S. Department or' Labor, ~~^Vasningtor„ D.C. ~0?10. The tidminlss~rator or ar authonzed representative; vdill approve, modify. or disapprove e•~^ery additional classlticatlon actldn within 30 days o~ receipt and so advise HUD or its designee or will notify HUD or its C7eSigi lee ur vJi; .iaili v H~'J~% ur ~.~ designee VVlth{n the 3D-day period that additional time Is necessary. (Approved bi the OFice or ~'~4a; ~aaemert and Budgei under OPd1E control number '21o-~1d~;. (c) In the event the contractor, the laborers or mechanics to be employed in `he classl`ication or their reuresentatives, and HUD or its designee da not acres on the proposed classification ant wage rate (including the amount desicnated for frmae benefits, where app,~opnatej. NUD or its designee shah refer the ^uestlons, including the ~ne~^~~s of all interested parties and 'the recommendation of HL'~D nr its aesianee. io the Adminlstrater `or determination The Adrnlrlstrator, or an autnor~,ed ~epresan,atiL~e will ISSUE a determination ~,vithm 3C gays of receipt and so advise HUCr or its deslgnee or ~wil! notify HUD or its deslgnee within the 3C-~"ay oerlod that adCiticnal il;'71E Is neC?SS? ,-'~~,~'rC~r"d `h `l the '~fi~ICB Ot ivlanagement anr. Eud:;=t _rnder OP~1o Cortroi t~lumLer ' "' 1 ~~-_~ ~ -'-Q i HUD-4G1G (2-841 (HB 1344.1) i -5 (d) The wane tale +'mcludrng r"range benefits where aporocrate; determined oursuanttc sucparagraphs ~ 1 )i b ~~ cr ~ c. ~ of trait paragraph, shall he Pala to all wcrF;er performrna work it the classification anger this contract from the first day or v:~iuci_, wor'h. `: pererrr~ec it the ciassiflcation. (fill ':%~henever "the ~~minimun~ wale rate prescribee in the contract *or a class of laborers or mechan+cc +ncludes a fnnoe oeneTit whlcr~~ a not e:>icressec as ar !~ourl~ rate the contractor shall eltl-ier pay,' the benefit as stated in the wage de,err!ina'Inn or shall pay- another oona Tine Trince benefit o~ an hourly case equivalent thereof. (iv) I' the contractor does not make payments to a trustee or other th+rd censor--, the contractor may cons+de~ as part oT the. wages of an laborer or mechanic the amount o` any costs reasonab'•~ anticipated lr~ providing bona fide fringe benefits under a plan or progrm. Provided.. that the Secretary of Labor has found, upon the written request or 'the contractor that the applicable standards of the Gavis-Caton Act "rave been met. ~he Secretary of _abor rTiay require the contractor to set aside in a secarate account assets r"or the meel!ng or" ooligations under the plan or program. aGprove; b~: the ofrc~ or F;lanagerrent ant 5uage: under 0J~1E Contra' Num~e- ^,~1:-~'^ ,'',~ 2. Withholding. 'H'JD or its cos ghee shall 'upon Its o,.>v`n_acuor or upon +r~~ritten toques` of are adthorl~~c representative c~~ the uepartment of Labor withhp;d or cause to be withheld r""tom the contractor under this contras. or gray other Federal contract with the same pnme contractor. or any other ~ ederally-assisted coniract subject to Davis- 3acon prevailing wage requ+rements, which is held by the same pnrT~e ccntra:,tor so "Hoch or the accrued pay i ie i~ yr cad'v arii~e~ a~ f~ta}~ he considered necessar}~ to pay laborers and mechanics, including apprentices trainees and helper. employed by the contractor or any subcontractor the r"all amount of wages required by the contract, in the event of failure to pay any laborer or mechanic. including anti- apprentice, trainee or helper, employed or work+ng on the site of the work (or under the United States Housing Act of ", 937 or under the Housing Act of 19=-', 9 in the construction or development of the pro~ecti, all or part of the ~•wages regwred by the contract. HUG or its designee may, after written notice to t.`~e contractor, sponsor, applicant. or owner, take such action as may be necessary to cause the suspension of any further payment, advance; or guarantee of funds until such ~•lolations have ceased. NUD or its aesignee ma; after ~,vntten nr~tlse tc the contractor disburse such amounts withhel~t' for aril on account of the contractor discurc.e each amounts wlthhelc for and nn account of :he i:Ontractor or subcontractor to the respective / -~ O employees tc whom .,~°~; are :Joe. The ~omptrol~er Genera' _•iali n~al:e suer disbursements it the case of direct Ca~.~,s-Bacon ~,c: contracts ~. (i;; Payrolls and basic records. Pa~~-olls and bask ~e:cords relating the-etc steal! he marntalnec b~ trio CpntraClGr du'In:~ ~,r'E C;~iJrSE' Oi thE' V'JOr}'" preset/ec for a penoc o= three years thereafter for alp laborers ant met`+anlcs working at the sitE of the worl~ ~ or under the United States Houslnc .~;ct of 193' or under the Housrnc Act of 1949 it the construction cr devefopr~ent o~ the pro~ecf). Such retorts shall centa+r ,h~ :name. address, and social securit•; n~~mber of eac~ suc~~ worker, his or her correct classification. Hourly ;aces or wages paid (including rates or con.ncuticns o~ costs anticipated for bona ride fnnge bene?'its or cash equivalents there o` the types describes In Section 1lb)(2)(E) o` the Dav;s-8acor. Act), as+I~: and weekly number of "ours worked, deductions made aid actual wages paid. Whenever the Secretary of Labor has found under 29 ~,FP (a++^~ )(r~ ,that the wages of any laborer or mechanic include the amount o` any COSTS reaSOnably' antlClOated In oroVldlna beneflt~. under a plan or progra-~ descrioed In Section 1(b)fL')(Bi of the Davis-Bacon Act, the contractor s'nall marntair records svhicr show that the COmmltment tC prOVldc SJC^ bene?Its IS enforceable, that the plat Or prOgro''~~ ;~ ilnanCla~',~ r°SGOnSIbIB, and that the plat or prograr- has been communicated In writ+n~ tc~ the Taborets cr mechanics affected. ar,c records which shove' the coats arriicipated o- t. ~e actual cos: Incurred in prcvldinc such cerefits. Sontractcrs emoloving apprentices or trainees under a?proved programs shall maintain written evidence of the -eglstration or` aoprentlceship programs and r.er-ification of trainee prvc,~'rati,~, the eu;Strai'CP of 'he capp'er'itiCeS grid tratnees wand the ratios ant wage rates prescribed in the applicable programs =rpnrwed b~~ the once ~t tvlanagement and Buaget un~ner 0tv16 Control Numoers 1~15- Q140 and "~15-001'). {ii){a) The contractor shall submit weekly for each week in which any contract work Is performed a copy of all payrolls to HUG or its designer- f ti-ie agency a a party to the contract, but if the agency '~s not such a party, the contractor wily submit the payroi!s to the applicant.. sponsor, or owner, as the case may be, for trar,smissior~ to HUD or its aesignee The pa•_~rclls submitted shall set out accurately and completer: all of the reformation required to be Ir~arntained under 29 ,FP, Part ~.5(ail3i(i} ! hIS inforr-atlon may be submitted in any forri+ des+red. Opt+or,al Form .NH-347 is avarlable for this purpose and ma~,% be purchased from th,e Suuerintende t cf Documents (Federal ~tocl< fJ~,amber OL'9-OU`:-001a-1 !, U. S Gover~irnent i~nntina Gi 'ce, ':NUshin: tpn. D ~. L'04C2. The prnri~ contractor ~s resc~orisibie for _he subm'ssion HUO-4010 (2-84) o' cppies o' payrolls b.,; air subcontractors ;,=,ppra•~ec nv the Orzice o= (~4arage,r,en: and Budge: uncta- ~P~4~ Sontro; tJumser ~~ ~-G1~'~~~1 (bl Eacr, payrol! submutted mall b~ agcorr.paruec! by .~ "StatEnlent o` Gompliance,,~ saner' b~- the eontractOr or su~con,ractor or his or her agent who pav:. o' supervlse~ the payment or" the person employee ~Jnder the cor,t-act anc shall certit~ the followlnc: (11 Tnat the payroll for the payroll period contain: the Inficrmlatior~ reauired tc b~ m~aintarnee Unv~e' ~~~ err: part b.5(a)i~~)!li anc tha; SUCK inTO~matl0ri IS COrreCt anC Complete: (ZI T ha; each laporer or mechanic ;InciudinG each helper, apprentice anc trameei emplo~~ed or the contract durrnG the pavrall penod has beep pall the Tull weer~!y wages earned, without rebate, either direc`Iv or indirectly; and tf.at nc decuguons have Seen mace either directly or ndirectly from the ful( wages earned other than aermisslbie deductions as set fo~th in ~9 CFR Par. J (3) That each laborer- or mechanic has 'J2en paid not less than the apDllcaDle 4'l'aQe r ales and fringe benefits o~ case-~ equivalents for the classrn•catior of work. performer. as specified In the appiicaoie 4vaae eeter,m~rnatioc ln~orporatec into the contract. __(ci Tl-,e ~n'eekly suon-,Ission of a properly eX°CUt2~ CertITlCatlOr Set for tr Or tilE reverse Slde o; S~ationa: ~a-.~, ~~rVH-~-- steal! satish~ the requirement Tor submisson o- the "Statement o~ ~ompiiarc:-" requlrec b; paragraph r,.3.fii?lbl of this section. {d} The falsification of any of t7e above cert'fications may subject the contractor or subcontractor to civil er criminal presecutien under Section 1Q0~~~ or` Title 18 and Section 2~~1 of Title 31 o: the Unltea States Cooe. {iii) The contractor or subcontractor shall make she records required under aaragraph A.3.(ij of this section a•,iailabie for Inspection. coNying, or transcription by authorised representatives of HUD or its aeslgnee or the Depar'.ment of Labor, and shall permit such representat~~vesto Interview emplo•vees during workrng Hours on the lob. It the contractor or subcontractor falls to submit the ,-equlrec recoras or ,o make them avai~abie, HUC or !ts designee may, after w~ltter notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the su~pensinn c~ dny ~urtl~er pavmrnt, advance, or auara,~~tee of tunas. Furthermore. ,."allure to submit the ~equlrec recoras upon request or to maize such `ecords available may be crol_~ndc t"or rebarment action pJrsuant to ~9 ~~=R. Par` ~.~ t i~) Apprentices and Trainees. -ter' fii Apprentices. ~porent;ces wil' ~e pe~r~~lttec tr ,~:~orr n~ eae. tl~~ar tn=- preaetermined rate roe the wort trie•~ parrormec whe~~ the~•, are e'~rplr~yeC pursuant tc~ .= ~~` Individuali,, rcc,lsterec In c coll... 1.d, appr2r'„1:2 nl ~1rOQrafT reQlSteYPc,' 'JNltf tile- IJ ~ DepBr tr"!e~?[ O? ~ ai7Ur. CI'1rJIC;vrnerl' anC Traminc <,dmin;st~auor Bureau of ricprentlcesnip and Tralnmc~ or w1t, .~ ~~ta« .~pprentlcesnl~ ~,genc~ recop,nisee b~ the Bureau or i~ ~, person.. 1~ employed 1r tees or her firs; 9Ci Lays o' arobatlonar~ employment a~ ar apprentice In suer' ar apprentlceshlp ;.ro~rar, +.vho Is not Indi:~Iduall+, reulstered Iri tnE proaran,~ but 4vr~o has beer, Certlilea Cv t`le ~ureaU C? ~pprentlCeS`II~~ anC Tralr,inu o~ a State P,oprentlcesnlp ;,gene !where appropnaiel to ~e eligible r"or probationary emplovnlent au an apprentice The allowable rater; o- apprentices tc to'Jrnat,~me,n tin the lob site Ir, any craft c'asslncatlon shall not be create- than the ratio permltteC tc the contractor as to tre entire work force Jnde- the registered program. tiny worker listed on a payroll a: ar. apprentice Vvaae rate, who IS nOi reglSiered Or Other'.^JISe ei71pIOVeG 2S stater' above. s~~ali be paid not less 'than 'the appiioable ~,vage rate or. the wage deterr~,rnatlon To- the classlficatlor oT'wor~; actually performed. In addition, anv apprentice perio~minc word. or the job site Ir exgass o the ratio permitiE~ u.'lde'" the reg~~starec program, sr,al~ be pale not !ess than the appllCaDIE N,'oGe r atE Oi t`le +.1'a~e ::ei rI711naI10~" 70r the work acit,a!n~ per;ormad. Where a contractor is ;7eri0'minc ~Cnstr'JG;IOn Ors c prO;eCt'.n a IOCallty other than tnat in wm~ch its program ~,s registerec, the 'at105 anC 'wage rates (eXpfeSScd In percentages of the journeyman's hou"ly rate) specified 1r. the contractor's or suacantractors _~, ,~ 'e~;ISierc'~ progra~ ~ ~ ~ iat, Oc Ob:..~ . e0. i~:%e:"y apprentice must be paid at not Bess than the rate specified in the registered proararn for the apprentice s level of progress. expressed as a percentage of the journeymen hourly rate specified In the applicable wave deterrninatlon Appre,"ttices steal! be paid Tringe cenefits in accordance 4vith the provisions of the apprentlceshlp program If the apprenticeship program does not specify fringe benefits. apprentices must be pall the full amount of fringe benefits listed ~~~,~ the wage determination for the applicable classlTicatlon. I` the .Admin;strator determines that a direrent practice prevails for the applicable apprentice classification, ~nnges shall be paid In acgordance :~~Ith that determinati~r. In the event :he Bureau ~f ~•ppranuceshlp and Tral,riing, or a State Aaprenhces~ ~~p agency recognl~ed by the Bureau. wlthdra4~'s ap,^~roval of an a;,prenticeship proc,ran-,. the ccntract~or ~,r~lll no lon;;er be permitted to utl'n~e aop~eniicas at less than the apc~llcabie predeierrrlnec raiE ;,r .he ,vnrk. ;~erfcr-nec until an acce,,taple pror;~~~ar,,, ,.. approver HUG-400 (2-84j (iii Trainees. -:fcept as prnvidec Ire 29 ':.F~' ~ "0, Trainees wilt no; be per,ri~laec tr wort. at le_.~, tnar, the preoetermined 'a:_ for the wort. p~~,iOrrl-ieC ur1~eSS theA are: emt~OV~C pUrSUari' t0 all:' Irr' /IC~.a~ '~, reQISIe~eC I~' a r~rvCfarTi V'/hlCn I-las recen~er, ;nor appro~~'a~ evldencec. ~' formal .,..~ti-icailor~ h~. the L'~. ~ ~lepartmen; ,.~ Lauor -_ Emaiu,;n-'enI ane Trainirc, Adrur~lst~~hor the ratio o~ trair'ee~ to iournevmer: on',he loc srtc shal'~ not Ue Qreater itlar, permitted LnCier tllE- piai' a~prOVed _ ~c~, t~ ~e Employmen~ ants Trainlnc, Aamin!stration. E~~~-~ t~ai-1e~ r,,us be aalc' at n;rat less t~an the -ate spec!fiec Ir~ the aparove:' program for ti-le trainee's level G` CrOQreSS e>;pressec a5 a percentage Of the -- tor.r~~e;mars hourly rate soeclr"led ir~ the applicable vn,~ane aetermination. Trainees shall oe paid fnnge benefits ir: accorWnce with the prov"~s~on; of the trainee proa; am. I~ the trarnee procram Wes riot mention frrnae benefits, Irarnees snal' oe pale the r`ui~ amount of fnnge benefits listed o^ the wage determination unless the Admrnist~amr of the Wage -- and Hour Division determines that there !s an apprent~ceshlF oroc~am associated ywitF 'the con ~espcndinC ~ourne~/~~~ar. wane rate or the ovage ne*.ermir~atlo^; which provides fen lesstha-~ ful,' fnnge ~enefia for apprentices. ~,ny~ employee listed on fhe payroll at a trainee rate who Is nct realstered and ca iiclpatina in a :raining ?Ian approved by the -- cmplo_/me~;•anc Training hdmrnlst-at~or~ shah be :,aIC nGi IeSS tnar the apUilCaple Vv'aGE ~..;.. on the wage determmauon for the 'wore. actual- ,performed. _ Ir adcltlor:, any,' tralraee ;.;e~orming worF~. on the jou S;Ie Ir e~.CeSS 0' `he r a[IG permltteC under file registere:: program. shall be raid not less than 'the applicable wage rate on the wage determination for the wcr'r; acruall} perorrred. fn the e/erI the ~mplOyrnenC and 'I r ~ifing .AGmIniS:ratluri W1t;ldrativ5 apprcvai of a training program, the contractor will no longer be permitted to utlli~e trarnees at less than the applicable predetermined rate for the wvork performed until ar acceptaoie program is approved. (iii) Equal employment opportunity. The uti(i~ation of apprentices.. trainees and ta.~meymen under t~I!s part shat! be In conformity with the equal employment opportunity requirerrlents of E;:ecutive Grder ~ "~ 246. as amenced. and 2c, CFR ?art 30. 5. Compliance with Copeland Act requirements. The cont-acto- shall comply ~s/ith the requirements of 2S CFF: Part 0 v~~hic,r are -' incorporatec by reference in this contract. 6. Subcontracts. i he contractor or subcontractor well Ir~ser' it any subcontracts the ~, C~auScS COritalnr~-d In ~~ ~~Fr•: ~.Gia)~;1 i !flrOl:gh (101 and sucl-~~ other clauses as H~JD or lis des!gnee may be appropriate instructions require and also a Cl~'.aSe r~,,:l"I n'; tl'i~ SU'~CU^'raCtOrS tC, IIICIUW these ~' ~~r~us~~ r and lov~~?r tier sub:~.ontracts. Tire pnme C~~I;'ractGf Shall Je reSpGrlSlble frJf the CGrnplanCe /'JG by an~. subccntrctor or dower 'tier su'ocentractor with all the c:ontrac' .,'~ause< Ir ~'~ ~Fr Pan ~... .Contract termination; debarment. ~, breacr~~ of the contra c' causer ,,: '?c, C=P =.~ may Je c,rourid~ `or ter rrllrlatlOr'~ O :he COntraG: anC iOr debarrllen: G" c; CJrltraCt~~;r anC o SU~COniraCtor aS 8. Compliance with Davis-bacon and Related Act Requirements. .till rui!ngc and inie~pretat~ons of the Da~,~~id-Baccr, a~lc Related Acts corltainr=d ir; ?9 CSR: Pans " ~ anc 5 are Herein incorpora,eo ~~, reference In this conlrac: 9. Disputes concerning labor standards. Glsputes arisrng out or the laoor standarW provisions oT th!s contracf shall no: be subject io the genera d!sputes clause cr" this co~trac:. Such d~,sputes shah be resolved Ir accorcance wr,~ the procec.~res of the Department of abor set north in 20' CF1=: Parts 5 G, and , Disputes within the meaning oftnls clause include disputes oetween the contractor icr arn~ o` its suocontractors! and HUG or its designee the U S Ge;,artmen; of Labor. or the employees or their reprasentatlves. 1Q. (i1 Certirication of Eligibili±y. B`' enterinc into this contract. the contractor certifies that neither It ~ no-- he or she ~ nor any person or fire! ~n~ho has an interest Ir the contractor s r"irrr Is 2 Gerson or firm IrIeIQ!bIE to be 2\Nard=G UO'~'e'""-merli ~,ontra"'.5 b\' virtue of Sector 5; a ~ of the Davis-Eacon ,Act or 2a C<-~ ~ L(ai i J Or LC :tee ;ybVa"i7eC '.~OV2CnrrleflC contracts b~ virtue o- Section 3(a; of the Davis- Eacon Act or ?c~ ~-.. 5 '~ ~a;i " ~ nr tc be awarded HUD contracts or participate in HUG programs aurs~an~. tc 24 CFR Pars 24. (ii) Nc par: or this contract shall be suocontrac.ed to any' person or firm Ineligible for a'vVarG of a gOVernr'lent Ccntrac; J\' V!rtJe Of S@CtiOrl 3(a1 of the Gavis-Bacon Act or 29 CFR 5.W(a}(1) or to be awarded HUG contracts or par'icipate iri HUD programs pursuant tc ~=~' CF? Part 24. (iii) The penalty for makin, `alse statements 's prescribed it the U.S. Cnminal Code, 18 U S.C. 1001. Adcitio;ally, U.S. Crirnlnal Code, Section 1010. Title 10, !J..C.; °Fede-ai Housing Admrnlstration transactions", provides in part "~ti'hoe'./er, for the purpose of .. rnfluencing in any way the ac:icr~ of suc, ,~,dmrn!stration... makes, utters cr publ!shes any statement, knowing the same to be ra!se.. mall 'ce fined not more than X5,000 or'rrprlsonea no: rilOrjO than two years or ooth." 11. Complaints. Proceedings, or Testimony by Employees. t~lo Ini;orer or nleci;n!c to whom the yvaee salary. or otha~ labor °stanWrds provisions cf this Contract are aup~~~cable shall be discnarciec _~~ in arr,~ oih~er manr°~er ~.~Iscnminated agalns, by ~`ie Cuntr~cicr or an: subcontractor because soot- emplot/ee ?~~as tiled any compiair,t or HUD130'10 (2-84) Insnt~ut~c o~ causes tc. be institutes an proceeding or ha:. iesu~le~ o- ;s about tc test!' 1- an~, prOC~ebinq ur1C]O~ Or relatln: t'~ ft''~~ I"c.JOr standards applicable under tnis Contract to nip employer 6. Contras: Work Hours and Sar'ety Standards Act. ~s ~.~~~ li :h+s parag-aph ti,~; terms °labo-ers' anc ~ mechanics" rncluae watcnmer, anc' ~~auards. (1j Cwertime requirements. fJo cc>ntractor or succont-acto- contractrnc; t"or arw Dart of 'the contract war'~~ wiilq~. ma;' require or ~~nvolve the a^~ploymen~. of .aborers o~ mecl-.ani~s st-.all require or perrr~i` ai~~, sucn. laborer or mec^~dnic In any worr;weeF~. ~~~ whlc~ he or she is ampioyed or. such work ;c wore in excess o fort:~ hours it ~ such worb,weeF u~+less suet-. laborer or mechanic reCclV?S Camper;sa:lOr at a ratC nCt I°SS triad One and one-hail ,Imes the basic rate of pa}~ far all hours work.ec In excess of fo~:~- hours m such workweek. j2) Violation; liat~ility for unpaid wages: (iquidated damages. In the eve:~~ o' an} ,-iolation of the clause set fortis Ir, subaa~agraph ; ~ + a. this paragraph, the gontractor anc any subcontractor 'espons~c~ie nerefor snap be liable far t'r~e unpaic! wages Ir addiacn such contractor and subcantractcr s~ali be liable to the 'Jnitea States ;in the case of wort none u~~~der contras: for the Distract ar C OIUmbIa ar a te'rliOr)', tG SLJCh DlStrlgi Or tO SUgh territor:; ~."o~ liquidated camases. Such liquidated damaae~sr-~al! be computes ~:n~ith respect to each ndlvidual iaoo~e~ or meci,.anlc. including watchmen and guards, emplovec ;n vioiatlon o'the clause set forth in suboaragrap~ f ": i of this paragraph. ir, the sort of ~~ ~+`' rot each calendar day on which such individual was required or permitted to wort: in excess or" eigr. hours or in excess o. the standard workweek of t'orty Hours without payment of the overtime wanes required by the cause set forth m subparagraph t ~l) of this paragraph (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon ,Nrltten request Dr` an authon~ed rapresentati~e of the Depar~ment of Labor wlthhoiq or cause to be withheld, from any mone~,~s payable on account of work performed by the contractor wit`s the same pnme contract, or any other Federally-assisier! contract subject to the Contract Work Hours anC Safety Standards Act, :vhich Is 'eels b;.' the sot ,e pnme contractor such sums as may be determined to oe necessary to satisfy any I~~abilities of such contractor or subcontractor for un~aaib w~~ages and liqu+dated damages as nrov+ded .n the clause set rert'n in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor snail Insert In any subcontracts the clauses s~_t rurth Ir, subparagraph i i ~ throuui~~ !4; of this paraq~ aoti and a;so ~ clause ~equir;ng she subcontractors tc~ ;nclude !here clauses in any lower -59 tier subcgntracts. The pnme contractor shall be responsible rot compliance ot,. any subcontractD- or io~.ver tier subcontractor wrh the clauses se fortr in subparagraphs (i 1 througr ~ ~ 41 of this paragraph C. Health and Safety f1) No laborer or mechanic shall be requires to work in surroundings or unaer working conditions which arc unsanitary, hazardous; or dangerous to his ~~ealth anc safety as determiner under construction safety and health standards. promulgates' by the Secretary of Labor by reaulatior,. (2) The Contractor shall comply wits-i all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 118) and failure to gomply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 8~ Stat.96;. (3) The Contractor shall include 'the provisions of tha Article in every subcontrac'. so that such provisions will be binding on each subcontractor. The contractor seal; take such action with respect to any subcontract as the Secretary of Housme and Urban Development or the Secretan~ of Labor shall direct as a means. of enforcing such provisions. HUD-40~D (2-84~ I' ~hT ? - CC)'~"Tf:AC'TC)II~ AND SL BCO~TRA~'TURS O>\ PC`QLIC }3I ILI)11G Uk PL~[3L1C ~\'C)Rh ~~~. _ ._ f>~liniuun, -- ~'~~eei~:l~~ stut~a]en: ~,v!tl, re:;pe~, [n pavmen~ c~I »2t!~es -I Subnl:,s°,~ui r f t~ezlJ~. s[atements and the preser,~atlor, a:]ci lnspe„tinn o. ;;~eela_:~ pah•roll rep; i)I d~. Pn~ ral i d~ducti, ~n , perm!sstb(e wilhout an>,ilcauLUl tc~ o~ approval ofthz Secretar~, of Lalx,r. - [, Pa ~.•ro1. ~Izdu; uon> permissible;el[h the approval o the Sceretal~ of Laho7 _ .~ tipplicati~ln~ for thz approval ol~ the Secretar, of Labor =~.~ .vcnon b~. the Secretan of Labor upon appllcanon~. ~.~ Prohiatted na;•roll deduct.uns. x.10 lletilods of pa_:~ment of;~~ages. _.. ! 1 Re~uauons r,art p1 ::ontra: t. ,_L~THC>r.7T'1' Tile pr~~.:stons oCthis Part ?issued uncle; F.S. i~l. sc_ ~. ~:at. =`: R~or~~ Plan'_vc. 11 it i" i~ISU. C'= ~[aL- 7~rr-. ` '~.S.L..':hDenGL`:: '~ C.'~.J.l,. .Or. -10'~.~.~_ _~~~. Si~lU~k_C'1=: T 11e pl o~, lstons oT rhir Part 3 appeal at ,G F.F. 4~. pan. '.. 14e-1. unless oti]e:~~-1se noted_ Section 3.1 Purpose and Scope. Tilts pal. pt eticribes ..snti-l;ici~back" : z~uiuiions under section ~ of the _~ct of .lane Lam. 1~~s. as amended }i10 U.S.C d%bct. po}~ularll. lunown as the Copeland Act. This pact a}~plies tc an_.~ conu~act which is subject to Federal ti~aRe standards and which is for the construction. ptosecutlon_ completion. or reparr of public buildings_ public worts or buildu7es or works financed in whole or in par: b,. loans :~r urrants fr:~rn the United States. The part !s intended to aid ul the enforcement oCthe articles. supplies. or zclulpment durinz? the course of the manu7~arane of Cucroshul,, ur ~nvns the materials from which rhe•,~ are manuractured of :ilrnlshed) is not a "buildine" ,u "~,vork" within the meanin~~ of the re`aulaunns to this part. t h i Ti]e terms "~~_,nsn ~ictlon." "ptosecutlon." ._„ompieuoil " or "repair., n~iean all t~°pes of wort: done ort a ^arricular hul Idint~ "r ~,~ Sri: at the site thereof. ln~lllillii!!. '~.;1'ihil L.t llill'.tantln, a1Cel"!1:~=. ~I7lOdt'lln~ti. 1YlInClliL and del.~~'ati fl `_. tnC LrantiP~-~r[in_ 01 motel tats and sup},Iles ti r~r Ir~,r,! tnr buitc!in`~ c. ~:ork b_y the ~mplu ~ res ~ ~ i~ th~_ cunstt~a, n,.n ~;rnnrac.or or cclnstiuctiun FI'5.~~~CED I'~ ~~~HULL OP I'\ PART B~ LOA\S t.)I: GR_t~~'CS FROM TIiL I~~ITE[> ~'I'~TES min:nlum ;,1-a~~e nrn~,~l;iun. ~~fthc ~:c.~,I-l;ac~,n ~~,~; and thr ;~annu~~, .,ulntter dcalul~_ ~a ;th Federally -~!ssisted ctinsn~u.uol: that "ur.aul tilmila;~ mtatmum ;;•uaz pre; t.;i.,n~. in: !u~lnt~ tllu.;~, prn;~lsinni ~a~iil: is are nut subizet tt~ I~.:ur~~.un~auuri Plar.!vc: i-I ic.~~._ til~• ~,ille,e l7ou_,:nr~ .~.ct oi~l~i~ii. tnc Federal ~ .nerPollu[i~~n Connc~l .=1~„_. any th•_ Hou~int° -.~t o[ ; J:_ ant'. an file entUi-.:emeIl~ (7r t11c J~~ertlnie )?r:~~.'IS1Unh t~7 the 1_un[ra%t ~~~or}: 1-I.~ur~ Standard: A~, rvhe_lr~,~zr the'. are annl!cahie to consutitct.~u~ ;vorh. Thr par! denul_ til. obl!~;auor. of ~onn~tr'[ort, and su'xtwt~.:ct~~rc relative to [he :ti'eehly subm[sslon ~~! statements, rz~_ardin~~ the ;;~a~es paid on ;vorl. cover: ti ul.ieh•,: sct~.orth the clr~u:nstance: and procedures `ro~.`e;a]ln~r tLz mal~m« of pay. ro1': deducutlns from tt]z u~aaes ~i tho.tic ernclc`ved on ,uch worn. and delineate° the methud~~ ~~! Pa~~ment pzl~nlssibi. un such work, Section ~.~ Definitions. ~.~; usec iri the re«ularit~n> in .h! part: ia1 The terns -'buiidin«" or ";;ork~' _ene:~alh mc'.t:dc eorstnlrrlnr; a~ti-,i!~.~ as disun`-ruished from nlIlnulaCIllr:I'_S'_. itllil1~11inL Jt lIlat°11fi1i or ie.r':~'_C1R~ anC maratenancz;'vorl: The te:7las include. ~,;ithout ltmitanou. buildtn~_a. s[tuc tares. and imp-o` ement~ of all r,pes. such a brides. dan.~. piar.ts. lu~_h;~a}~.. oar1:,,al:s, _treets. sub;~.az~~. runnel. sewer,. plaits. poue:l7nes_ punzpin" stanans_ railwa~~s. air~oris, terr.]il]a7s. docks. piers.. wi7a^..._,. '+va.~`s. h`~nd7ouses. buo~,-s. jetties. breakwaters. lei zes. and .anals: dredgln~_ siiorin<~. scaffolding ~:rillln~_ b1a~,~:na ~....~, a ttn~ clea.. _ aad landscaping. ~~nless ::onducted iP: col:necrion Frith and at the site or ,u: h a buiidnl~ or wort, as !s dcescribed to the fore~roinz sentence_ the rnanufacrne or fitrnishine of materials. al-ticles. supplies, or equipment t ~7~hether or not a Federal nr State neenc~.~ acquires pile ro such materials. subcontractor. and the mail•uftl~turina or I~crn!si]ine of~ inatenal:,_ a!~ticies, ,uppiie~, or equtpmen on the site of the buildin<~ c7r;vui}:. i~_. },cr;~~ns Cm}~lo~.ed at the site b~` ,1te ct?ntractor ~~r snbcc~nt~actur. 1c) T'.ie ten-ls'~Fublic btiildin<<`.n'"public ~,vnrk' include bulldin~ ~ u~ ~a nrl. i~~r whose consulletiun, prosecuu~~lt. cnm~~!euon. ,r ;cPair. as ue*inec( ai,nve. a Federal aeenc~. ~.~~, ii ~.imtracun`_ Part.,. re~~ardicss ,i; ~,t'h: fie; ua~ ther,.~l ,. in .+ F,dera! '+ar'nc. i Ali T1r~ t:•rm "'~!:ilc;nlt nr ~~.i.~rl. [inauc~:: ,t: triinlc ,~r c; hnl; h~ loom _~r ~=rant,, i~rnnl the Unites ;;toter," mcluder; buil~lul`~ ~,, ~.~r,lc It~r ~~.t~},ose •_onstn~cuon. r~ 1 prL`se~CItIQI=. ~lll;lt~!CC1C711. UC re L,tllr- aS dernl'd ab~,Ve, pa .-ulen: ,7;~ t;~:rt n~t'.'nr~n: !s m;l~~+_ dir.'~u~. or !ndtrectl, frvnl Cttnd, pr•.~y~ICie;i h~.:::u:l, .;. urattr: h-. .! > ed~ral ~!~:•;lc`.~. Thc~ t``'rnl In:lude:~ bulicitne c,~ vvuri, f~u; ~v~hlcl, tht [~~deral ass~tstance '~rantec'~. e. !n the I.,nr, of loan «uur ~lntcer~ ~.,r tn~uran;;; +_ -_ _ - pets„!~ n~u~! by „ . _alu-u~[~,r ~:,: sui,ct~ntracto; u. tin'. nuull!cr i~,r lslr, I,!ou; In the .,nn>t:"ucuou_ pruse~uuuu- cumpleuru;_ or repair ~~f~a public hullciu._ tl! }~ubilc \',t,r! urbtlildtn_' nrw~rh .ln~f71~C.. 11: 14'11Ji~` .)l~ 111 earl ~~` 1Jd11:~ OC f7I"anCS IIUnl ThC Ln,i[et! Mate:, !: `er:lpl~wed' and re;;e!\ ul~' ,-waeCS." re~~ru-tiless oCatl~. ct!nttacnttil relattontiiltp all~~=et1 to ~xlst i~era'~en :r.m and tl!e real . mnln~: er nil "_~he te!rl `anv afrii.ated person" Includes u sp:nu:. ~(tiid. parent. ur other :dose reiauve u. the conn-actu_~ tit subcontractor: t: patrtner ;lr officer of the conrractn~ ur .;ubcontract,n~_ r.: otpt~rauot; closely~ cotrnected a~7t__ [he contractor ter subcontractor as parent- subsLdtan or otne!~~,'t,e- and an officer ,„ agent of such corporancn:. 1 ~ ~ Tile te!~n "Federal a~?ency'-means Tile C=ni,e~ ti.atus. Iii: D[srr!,:t of Cnit.mbla. and all enecunv~e deptlrrment_ uld~pendent etabhshments. adm7nistratn'e t~~n:;ie:,_ ttnd In;tlutnentalir~: ~> cif the Untied States and of the i-i!stnct oi~~olumbta. tnc!L;dm<< r~~lporations_ all or SL:btiC~;ll[:!11!' llli U i CIl° ii~1=1._ It 'v\'I;l•~1; , . b..*1°Il;aall~' •J\~:nea ~y-Il9e Th11Ced ~~Caic~. b` ChC DLICIC_ ~J1 COltlnlbla- or am of 11ctore~r:~tn_ deotu7ments- establishments. a~~encles. aad !n,tr.:m°n.allr-. -. '0 i=F o~. Jar.. = 19;,=. as aalended at ?_ Fl; . ~'_ ~~_ Section 3.~ ~\~ee!~.~ statement ~sith respect to DaVmell( 6T 1~'a<_t5. I a; .-v.s used to tht section. tfle term "empio_: ee'~ shall not apply. to persons in classifications ht~~her than r17at or ~at~orer or mechanic and those v~rho are the immediate sLtpet~. tsors of sucl:~ emplo~~ees_ 1 h; )=ach conn-actor or subcontractor en~aaa=ed in the constntctuui- prosecution, completion, or repair of and. ,nthhc butldinc or pubitc \vorl-:, or butldln~ or worl~ financed ul vv'hole or In part b., loans or rants li-om the linlted titates. shall furnish each :week a statement vvtth respect tc~ the v~~au~e, paid utlch o(its erttpiovees etl~a~~ea ~^ w~,.~rk am~et==°d h,~ ,y CFR Parts ~'~ and d dunn~ the preavdin~r vveehly' pa~,'rol] pen[,d. This ,tatement shall be ..l;ecuoccl h_v. tier c.~ntracwr ~~r subcontractor or by au authcr!zed nfflcer of 'empl~wee±~(~the contractor or ~ui~~nnuactor ~,v~h~~ super~~tses the pn`.~ment vf'.vat~es, and ;ntal i,e ,,^ farm y.ti~H ~~-1~,, -'~t.uemen:..f Compliance " ~.~r ,n an !denucai loan ~.m the baci•_ ~~I '~,1'H =d,. "Pttvrnli ~~,_,r C ~, ~l7trt<<. t~~:t~; '_Ip,l, ctrl i i_~se )" ~,~ . ,n an_~. orm 'w'ith :_i~nil~_nl ., ~,I;;in~ ~:':nl•rl~ _~~!}1~~.. ,-,1 "~ I~ ;-~~ ; nd \hH =-!rf' nltt\ h~ c)~,i;;lncu :1-,+n: 'hC t_~~,A~~~rTln7:;r1' ~~+~IIC"a,'LIi1C '~r sn~,nx~.:ur ~I~enc_ ant :., ~I~; . ~ the-s~ I, ~rm~ nta.t,_ hurcna;ed ~a tht~ ~~uvernnleni Pnntul~~ 1_it~ice Iii Th_ rc,~uu~.:m~nts o til!~, ~..cu,~n shut' not apnl~. n-~ an~ ,;,,nua~, ,'I~ti__~1_lu(~ t,t les_,. i:1, ~~putl a v~:utttn :ind!n i:~. ti!c heat! u[ ~, ='~ctrrtl tl~^~;;",.. the ',c'_retar c,! L~ti~, ~l n:a~ p-,'\ Ids ren,~'~nabl~ ]In:;[au~ul,,. '.~clrnta,u>;_ t~,lerau~~~r,_ and ex.r7lp[l~,n~ 11un~ thr reelul-enlents. +~1-t},h, sc•cnt~r. sublet[ t~~ sucL ~ond:uc~ns a:. u!t ~,~:•retar~, c,i l.abur ma`. spec:`v ~`-' F.I: ~l...latl. ~ ~ ~,!,rt ~.; amencluc: at ,_ i .)' lip 1 RP,. lui\ i~. clc,,~•I Section 3.=! Submission of ~~cehh~ statements and the preser~:ttion and inspectio^ of ~~eehll payroll 7-~COrdS. lay teach v:~eel:!_, ,taten!ent recu!rec under ;=? shn11 be dellv~ered b',~ the ~nnn actor or subcc~ntracto. n ithm seven days rater tile' regular pa`,'7nent date of the payroll perod- t;~ a renreszntativ~e of a Federal or State a«enct.~ ul . har~e ar the slr~ of rho build:nt or v1°ork_ or is rh~r~ is nt~ ,epres°nran~,e t~~ a Federal nt titan 3,~~~rc~.~ at r1;e gar of the bu11d!n~~ ~~! o.~or1<. the statement shat' be mailed b~. ul~ conn-actor nt sub.;ontracu,r- v~~ithtn such _tme. to c Fedeta. c,r S[ut~ ~i rend ::onn"acull+_~ i~~r ,,r finan.ln~~ th_~ uutld_n~~ -~r'~•i~ri:_ ~,tter snci; e~.am7nauon alld CncCi~ a~ ma~. h_ n:a;1.. SL1~C1 SCaieIll e Il t. 0]- :. .:Or`'~~ ti~ereot_ sha'_1 be kept .',:~uabi_. or silaP, be u~anstattted to~rztllzr- l; Itil a r_oo!z t,i an: ,'IOlarioll_ i;z ac~ordane~ n111: dpphcable DI"OLCdLr"~, pr~ti Cl~Ded ;?`~ Ci]c `~nIIPd Stars Liepartaleut o Gabor. (t} Each ~cntractor nr subcontractul shall prese!~ e 'n:s ~.ve°ltl, oa~;'ro':i records for a perlod o? riL~ee `~°ars :tom date ni-c~>,npiet!on or the contract_ Thy pa}roll records shall ;e; out accurately and completel\ [he name and address or ea~al laborer and mechanic. h!s one~;,t classificanor:. rata of pat. flail,, and timeel:iv nwnber of flours wurkud_ deductions made. and actual vva;es paid. Such pay'r,~ll records shall be made available ai all tunes lur !nspecuon c~ die contractm~~ r~fl~cer or his authort~ed representau`.'e~. and b~, authnn:,ed epreser_tatives of die L7epartment c'~Labot_ Section 3,~ Payrr,ll deductions permissible ~~'ithout application to or apprtnal of the 5ecretar~ of Labor. Deduct!l.+Ia made uncle; the clr: ~;mstances !r~ in the ;inlatlons described In the paragraphs r,l-this section may he maUc wuhout ,lppilraunn to and appro~,al nl d1e _ ~e~rct~u,. ,,! Labe; I:f! ~!1P.' ~7C~{;ll I1 V: ;17~!C{C In L'i ~t77~,:!~!nCe \t'IIh IhC reaulren!rnt~. ~~( I~ed~;~a!. ~t,uc.:~r Ir.cal '.a:y .such ,ls Federal r,r jtat: v~~u!ti'.~ I!l::r.~~ ;nc,~m.r to>.~.°, a_lc Federal 4UD-4010 (2-84) I[i~ =:R'~ dedLl,aUJP. ~~' ;LII71~ T'1''~`.I(?L!:;I_ pC[Ld CC. d,_ en7pl~,. -~ t1- a hung ~aU~~ r,r~ht~.,,•nlent ~,;~~t•a„e~, a llen sun [~rei:~i~~munt I;. nIade',1~:111,,u; dl~~uun~. o~ uaetzst. . . .-h,lntl iidr preha~,~me.7: ul ~,1~1_~;.._ i., r~~n:~1Jer_d tc~ ha~"e i,r~n r.1a~l~. unl_, ~~•hel; ~a~L :;~sit~ caui',~~tlcnt nay hen a v'.'CLII~CC; LC Chc' ~1C;">C~n eClhlt~`.'L':k 111 RL'~.:il I11a1L7e: Cl.`. tl _~'~'_ 11tH ~nmplet~ ire~tl~~n. ~~i :L:,n~,-nu"t~ r~i the u~i',~nr~cd tun~ls ICI l!'. d~dtiCn(11. ~ ; 1111bU17t` IL'Cl Lllfed ]l `. .:,curt prv~e.~:= tc~ he pall: tl~ ttnnther_ unlz:,s_ the duducuon i:, [n Itn o; ::1 ti.c cz,ntraclo: ,uh, ;:nutirt~~r ar alr•. .If;iial~~r! hers:.,r,. ur t~'h~l; ~„Ilu~~,lon ~.,;~ cullalioralrm =..;sty.. ~ d i -Lr.'. d`uu;;unn c:,nsututlu<< <: cnnu ibution oI• bzi7al[~,~1 Clle perSr~t1 emplnt~ed tr~ lund~ esulbl!shed bt~ the euipi_~~`el or rzprz~cntat.~.c, of empic:vzes. i~r but[1_ to: t11~ pui~use ~i-pro~,~ldm!~ cuher ti~um prnlcipa1 0; clconlz. ur hoth. ^7c~~ica1 or hs~,nirt~l carp. penslc>n~~- Qr tirnuitle on ntlrzmen[_ deat:'7 benzlit.~, ccnnnensation for u7iuries. il[nes.;, accidents. slrkne:;s..,r disabillr.~. or for lnsuran::_ to prot"ldc an••. of tilu fure~Ton7~~. o_- unelnp;~~r_menr bznent~_ tacauon pa_~.. sa~.ln~rs acc~unt~. er; ;lnn:ar pa.~ menu 1~~,I thr benent cf emnlo~zes. their runi[lea .[rd depen~lellt,: 1'ro."ldec. I:oir:e~, eI. "''hat the tiill~~\~ 111 L` SCandarCiti Cn? rn~C. f i Thy u?Qll. CiOG IS IlOt ~, t1iCr'~1 tSc PI-OhIC,IIZd _'l'.-:,,li": ,=! It I> '_11L"'!-. 111 `."oi_u,:t.7rii ~ ,~nsented t~~ b.•: she emp[o_••~ze In tt~nnn« aad n a,1-,"an W~ c~f°-the per.~,d to .~ hl.;ii the '.~: orb 1~ iv be done and SllCh .On'ient to nUC a COnd1C10n elCiler tilt Che ~,biain,n_ of or for the ~ontinua[lun ufemplc~~~tnen:. or iii pro~.Id°d 1~n :n a bona nde ~~oilecnr e baraalnin~~ agrczmen; bettvzzn rile contractor or subcontractor and rzat~zsentatiz, zs of its. zmpio~.'ees: ~ ~! nc• profit or oihzr benzin 1J utbelwae obtninzd. dlrerl•.~ i~r lndirectlt~_ b~~ the .:on_ractor or snbczntractol or ant afillia2d person in the form of comn7isslon. dit~ldenc. or othenvlse: and (=1j the deductions shall sen~e ele cnn,.~enten~z and interest of thr emplo_~ze. ~ e i ~.m dedu.aicn contrlbutin~_> toward the purr.{lase zf Utlited States Dzten.~e Stamps and Bonds when ~oluntul~tl}~ authl;rized by~ the emplot~ze. i f) ~.n~>~ de~iuchu^ requested 1;~,' the employee to enab:e him tc repa~, ;owns to ~:~r to purc:7ase shares in :relit unions c~r~~antzed rind ,,neratcd In accordance with eder~ll and titate crzdlt ur,lor. statutes. ~ ~~ i ~`,n_' ded.lcnon •,"c~luntan!~. authorl~ed by the em~ll_~tec for the makin<< rll ccliltrunuicros to - ~~~1~. erna~ent~il .~r utaas~-~r~~~~~~Ttn:enlnl aliel7~"~s'_ ~uc11 as the :~n1rrlC;ln Red Lro~s. , h ~ .An'~. Deduction '. ~",luntarll'•,~ authc~r,~ed bt~ ~hz "n; iu,~ee I,,r the nrir:ulr' .~~ C:i11t1,C)ut,I,nti to ~'ommunlly t l1e>;t.~. t_nitcd [~,tr;s 1=and>._ and ~lnr;~u c;hnntahle ~.;I:~ai,;:;ot,,,nr:. 1 '.; .AIl'~~lC.1U~UOn', i,~~[1'."r"rL[laI~.I_l1C~R .:I;u.ul: r, i~..•e:, tine rlenl!~er::inp :~uer•. nnI ulcluulnL lines ilr s;leClil: ~1~SC:;SP_1C1ll5' 1'rC,~, laed_ n: w, ~~'.'~1. I h1'. ~: .~~lte_[;~r ,ttr~~r:in:ne tiere~.~~rt;t h_tr,~~tt rile ~~:r,o~a;,[or ~,;" suh~unu~!~to•~ tiild representau', e ,: It: enlp:; ~~ees hr ", lac: rn .;u~i: ~l.duc[[.,nr an~i th_ "r uc,i~,i:: ar_ nc~[ othcrn,;;~ :,r;.,;lii,[tea h~• la~.~ i,j' -'. n' ~lcdu: u„i~ nut nl,.~r~ anal: [c,; ul ~~ts~v,a~~l~_~ ~~ ,: . ~ hna`~~_ I,~~l~tr.~_ ur ~:tl,er ;~,; t];tter~ luc:t;n_ th;_ re~;~.ur~ment~ . ? .;~ui~t:. un; .;i`tlt ruir %tthorS.anctard~ ~~:t n( Ir+_;~. ~,. tlmcnucd. and Pa~_~~. c,l thl:, uti~• ~l~hcn sue!: <, deaucnt,r. 1.`. made the addt[lor,tti record>, requu-e~ under ._ ! ~,.~'~1a! of thl: utl'c Shall :~c i<'_'U[ 1 k; =, m, dcducht,n fur the : nst oY safzty equlpmen~ ~~1 non7ln~d ~•t~ln!~ purchased ~~~,~ the emplrn~ee as hlr, oul: ~ropert', fo: ill; pzrsuua[ prr,tc: uon In ius ~ti~ori_. such a: s~,fer~. shoe,. safety. ~~iasse~ saler~.~ r~love:, and 'Hurd Ilan. if Stlula zquinment is nip: rzaulred b~. lava tc be Furnshed b'•~ the e:npll~t~er_ Il" su~L dzducnon is Writ t lnlant t ,,f she Farr Labor Staudard~ 4:a C,r prnhiaited b•,~ ,the- law. if the cost 01; n'hicl_ rhz deduction is based dozs n~~t °~:czed the ac[uai Bost to t[1z e:no[over tvhzre thz z:~uipmzm .~ purchased fi-oI7, hlm and doz: not ln~lude alt-~ dlre,:t of uldlrect moltztat..~ rznlnl n~, the elnole~zr u ilnre the z~ulp:llent is put: based from ;~ ti7ird person. snd if the deduction 1, elti7er i 1 ! ~, c~luntarii~. con~~nted to b the enl~oi~_~: ee ul t~ riun.~_ atla in tld."tin: z of :he pu, lod 1I1'.z.'111C1~, tnC \~Ul~i: lb IC h:: aC~I1C alld 1L1CC: '~~~~nielil ;~ 17C1t C, cond_uon ~tther 1c the ob.aluln_~ ot~empiv~~~mznt or its conttr.ut_r.„.. z,. i ~' prop lded for ii: ct boar: fide ~ollnati~.~e bar_ralnin« a~_reenlent bznteen the contra=tot or subconuactnr and representaar°s or it:. zmaic~ -,,,, .~ Section 3.6 Pavru}1 deductions permissible l~~ith the apnrn~•al of the Secreturt of Labor. _1nt coetractor o1 subcontractor ma~_ anDh, to the Secretan of Labor io: pel7ni,sion to makz ant deductlor. Ile: pernutted under ~:,•~.~. The Srcrztal-'•.• n,a~. ,*ran': pzrn7isslon «•hene~. er he fink That 1 C:l The crnltracr•~r. subcontractor. ur amp aPFillated perscm duz; not make a profit or benelit directl~i ul ,ndirectly ;icon the deduchor. either in the Iorn7 ,~f~ commission. di' mend. or otilertt i;c: , b! 1-he ~icductliu, i5 nc~t othet,,~~ISN hrnhiblted i;t !n«': fc) The dcxiucu,~n ,s erthe; i ; ~ •.c~luutarih• consented to h',- the en7plm.ez in ~~~rrtir. ~ rind in advance ,~~ the pet u,d in ~41uch the ~.~~, n I< la to he cl;,ne and sac[7 c~.~nsent ir, nr,t a c:nndiucm c:thrr 'or the :;htalnil:q of emplc~~n~,.n; ~_,r i[; ~_unt;nt'~an~ :. ~,r ~ ~ ~ proviDeil (nr ;^ a bona liu~~ ~~.~liccu~=c oar,`~linin'~ ttar~ernzr~t bcr,tizzn thz cnntrac~~~~ ,,r ;Ili~~ur,u~act~~r told ruhteticnttlli':c~ c11~i[s ~nlhl~'L'LC -..;nil HL'D--101G j^-S4} (~;: Tit. ~rdu.aU~r s.,.. ~~ ti1~ eun~~. enicnce and Jrctirott 3.~ --~pplicariunt ftlr lhr :lppro~~al of the 5ecrctar~ of Lahur. :: r• a; pli,a!l,.~r i;,r tl~c n~.,i.ln~ ~,: ~_~.~„.III ciceuct~cins un~l:': ~ ; C~ snzll~. ~un1;)~r \l'I[l~, 111C r~~7t11:enlems h]-eti; r1Deu ;1, IIIC f„1~l `L', In'_' pllr:!'J ;1n IL ~,r tills SCCtlil is ~u, Thy on. if an,~~- ~.r~nl; the applicant. Section ,.8 Action h~ the Secretar~~ of Labor ttpo^ applications. The Secerar:~ of LaEi~ir shall decide ~.vhether ~r not the requetited deducti„r. is pe:~nissihl~ under pr~,rr~isions of ~.tt. and ,hall ^uu[~: the n.~~licant u; wrlun~~ t~I his dE'_~1S1n11. Section 3.'1 Prohibited pa~rull deductfons. Deductit~n~ not el;errhere pruo~lUed 'rill lit this ptu-t and -,~:~h1ch are n1~~1 Yuund to Lc pc nor,:~,lbi~ under- `;3.h are pruulhuc.~ tic~tiuu ;.ill ~Ictbods of pa~mr•nt iifrta~es. Th: pa~~ment or w:r~*er~ sntlll be bt ::ash. ne~~otiaol: tnstruments parable ari demand. car the addtuonai tornt~ o1~c,~mpensation Tor rr~ittcl; deductions areper~~asiblt~ under this par,. Nc~ other methr~a~, ~~ pa~.~ment sisal! ~` recogmzec? on worl. sLt~oje~1 tr the t~oneland 4ct- Section i.l l Regulations part of contract. All contact, made a irt; respect tc~ the :.onstructton. prosecution. completion, or repast o; an~~ lnlblic bui]din~ orpubhc ~aor6; or buildtm~ o~ rvorl:tinancec in r~~iLOle or ir; part br~ loans or ~*rantt~ liom t1t~ Untt~d State~~ ::o~~erca b~ the regulations in thtt part sha11 e~:presslr bind the contractor or subcontractor to compi. ~~°tth such o~ t1~e regulations in thts cart as mar be applicable- In this rep*ard. sec ti5.~fal o:Chi, sLtbutlc HUD~O~D (2-84) MIN~CRITI'!FE(~1ALE GOr';LS ANC Tlf~~IETABLES ~ri~ ~2rT~c'i~ emp10:~"'len'. goal I~ ef?eCtlVe as of .April ~~~985 and IS CUrrentl`,' E.~°n. TnE percentages for minor t} participation ire Texas are Texar4;ana Area: TexarF:ana & Bowie Co. - Non-P/15,~. ~ountie_ or Cam; Cass Lamar, Morris, Red River & Titus 19.7 20. Tyler-Longview Area: Lona~.~ie"r. Greac; Co ~ Harnson Co -~-' Q - ~ ~, Tyler ~ Smith Co. -`' E ~'~ ` ~ r ".Ardersor; Angelina. Cherokee, Henderson^~. Marion; Nacogdoches, Panola 2-.d Nor-(~~~r ~ourue~ or Rusi Sar Augustine, Shelby, Upshur &~ !Jvood Beaumont-Port Arthur Area: Beaumont, Port Arthur, orange; Hardin Co., Jefferson Co., & Orange Co. ~2.e Non-f~.~S.~ Counties o= Jasper, Houston, Newton. Sabine, & Tyler 22.6 Houston Area: Bn,ar, College Station & Era~os Co. 23.7 - Galveston. Texas City & Galveston Co. 28.9 Houston Era~onr:: Co., :~ort Bend Ca, Harns Ce., Liberty Co., Montgomery Co. & Waller Co. 27.3 Non-iv1S~. Counties of .Austin; Burleson; Calhoun, Chambers, Colorado,. DelNitt. Fayette, Goliad. 27 - Grimes, Jactaon. Lavaca, Leo . fvladison. Matagorda, Pofk, Robertson, San Jacinto. Trinity Victoria. 1r~Jalker. ~,Nashmgton ~ '~~Jharton Ausiin Area: "` Ausia_ H~v~ Co.. Tra~:~is Co . & Vb'illiamson Co. ?c.1 Nom-Pv15.~'. Counties .of Bastroc. Blanco. Burnet, Caid~weli, Lee & Llano 2a? _ Wacc. Killeen. Temple Area: K~Ileen Temple, Bell Co. & Coryell Co. ~i6 ^' ~dVacc & f~'icLennan Co. 20.7 No-~-fv1SA Counves of Bcsque, Falls, Freestone, Hamilton, Hill, Lampasas; Limestone, Milam & Mills 1E.0 Dallas. Fort Worth Area: Gallas. Fort Worth. Collie Co., Dallas Cc., Denton Cc., Ellis Co., Hood Co., Johnson Co., Kaufman 15.2 Co. ranker Cc., F.ockwall Co., Tarrant Co. & Wise Co. - Sher-nan. Denson & Grayson Co. 9.4 Non-f~1SA Counties of Ceoke, Delta. Erath, Fannin, Franklin, Hopkins, Hunt; Jack, Montague, 1?.2 Navarro, Palo Pinto, Rains, Somervell; & Van Zandt Wichita Falls Area: 'J`Jichita Falls, Clay Co. & Wichita Co. 12.4 - Non-MS.A Counties of Archer, Baylor, Cottle, Foard, Hardeman, Wilbarger & Young 11.0 Abilene Area: _ ~1bi'ene, Callaghan Co., Jones Co. & Taylor Co. 11 .6 fJon-iv1SA Counties of Bro~n~n, Coleman, Comanche. Eastland, Fisher, Haskell, Kent, Knor., Mitchell, 10.9 Nolan, S:,ur^,~. Shackiefcrd, Stephens; Stone~.~~all & Throckmorton - San Angelo Area: 19~ San Angelo .~ Tom Green Co. felon-fv1SA Counties of Coke, Concho; Crockett, Trion, Kimble, fvlcCullaugh, Mason, Menard, P.eagan_ 20.0 I?unr~eis. San Saba, Schleicher, Sterline,, Sutton & Terrell San Antonio Area: 87.3 ~a~, ~ntonic Eexar ,Co., Coma) Ce ~ Guadalupe Cc ~, .g iJ;~r~-115- ~ountes o"i Atasccsa. Bandera, Dimmit, Eawards, Frio; 'Gillespie, Gonaaies Jir' Hogg, ;g :t ~~~a-nes h~.en~,al Kerr, i~:inney, La Salle. Mc(vlulie^~, fUaveric~~. Medina, Rea! Uvalde, Val Verde, !rJilson. ~aoats ~ ~a~.~ala Corpus Christi Area: Corpus Chnst,, IJueces Co. & San ?atricio Co. ~ ; .'• Non-fviS~ Counties or Aransas, Bee, Brooks Duval, Jim Wells, Kened;, Kleburg. Live Cak ~. 44.t RefUaIC Brownsville, McAllen. Harlingen Area: Brovvnsv~iie, Harlmgar., San Benito & Cameron Co. - ; .~, PJ~c,Allen. P ;arr. Edinburg S Hicalgo Co. 7^.3 Non-Pv1Sr'<. Counties of Starr & V'Jillacy ; ~.g Odessa. Midland Area: f/lid(and &~ fviidlanc Co. 19.1 Odessa & Ector Co. 15.1 Nor.-(~1S,=; Counties o' Anare~,vs, Crane, Glasscock, Howard. Loving, Marlin; Pecos, Reeves, Uptor, 18.9 `~^,lard ~ `a~inkle- ~; raso ,Area: E Paso ~ EI Paso Co. 57.E Nor-fviS.~, Counties o~~ Bra~wster. Culbertson, .Hudspeth, Jeff Davis & Presidio -9.0 Lubbock Area: LUb~aCr Ec LL1bDOa'r', l_.a. 1,~y.J Non-MSF; Counties o. Bailey. Gorden, Cochran, Crosby. Dawson, Dickens, Floyd, Gaines, Gana, ?9.5 Hale. Ho;,k.iey. King, Lamb, Lynn, Pv1otley. Ter'Y & Yoakumm Amarillo Area: Amarillo, Potter Co. & Randall Co. y.,; Non-fv1S%: Counties of Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf 11.0 Sm tt-„ Donley, Gray, Hall; Hansford; Hartley, Hemphill, Hutchinso^.; Lipscomb, fvloore, Ochiltree, Old..am, Parmer Roberts. Sherman, Swisher, & Wheeler CONSTRUCTION CONTRACTOR'S LOCAL OPPORTUNITY PLAN The D W Contractors agrees to implement the following specific affirmative action steps directed at increasing the utili=anon of tower income res,dent. and businesses within the (~k:ountyi of Kerr • To ascertain from, the Locality's -CDP program official the exact boundaries of the project area and where advantageous, Beet the assistance of local officials ire preparing anc implementing the affirmativE action plan • To attempt to recruli from within the city the necessary numoer of lower income residents through local aavertising media, signs placed at the proposed site for the profeat, and communit}~ organizations and public or private institutions operating within and se~vicine the -- project area such as Service Employment and Redevelopment (SER), Opportunities industr,al~zatinn Center (OIC). Urban League Concentrates Employment ?rogram, Hometown ?tan, or the U.S. Employment Service. -- -o maintain, a list of all lower income residents who have applied either on their own or on referral from any source.. and to employ such. persons i otherwise eligible and if z vacancy exis?s. _ Te insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish These goals. • To insure that subcontracts (greater than X10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. • To normally contact unions. subcontractors, and trade associations to secure their cooperation in -- this effort. • Te insure tha? all appropriate project arez business concerns are notified o` pending sub- contractual opportunities. • Tc maintain records, including copies of correspondence, memoranda.. etc.; which document that all of the above affirmative action steps have been taken. • To appoint or recrui± an executive official of the company o~ agency as Equal Opportunity Officer to coordinate the implementation o` this plan. • To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. • To maintain records of al: projected work force needs for all phases of the project by occupation, trade, skill level, and number o` positions and to update these projections based on the extent to which hiring meets these Loyca~l Oppo/r~tunityrobjecti/ves. As officers and representatives of GJ~ LArtt`rdCTBSr~c , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. 0~ I ~l~/off Signature Date ATTORNEY'S REVIEW CERTIFfCATiON I. the undersigned ~V (~ MQTi.E~ ,the duly authorized and acting legal representative o~ Kerr County, do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am or the opinion that each of the agreements may be duly executed by the proper parties. acting through their duly authorized representatives, that said representatives have tul! power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. _ Attorney's signature: ( date: Print Attorney's name _, CERTIFICATE OF CONSTRUCTION COMPLETION !SUBMIT ONE FOP, EACH CONSTRUCTION CONTRACT, ,_, Locality: Kerr County TCDP Contract No: ?21075 This is to certify that a final inspection o` the project described below was conducted on the day .- of ~~ The contract was entered into on the of +~~ between the citylcounty of and fog the construction of This is to furtner certify that: ... 1. The work has been completed m accordance with the plans and specifications and all addenda. changE orders and supplemental agreements thereto, with the following exceptions: 2. The sum o° ~ ,deducted from the final payment to the Contractor is a fair and equitable settlement for the foregoing excepted work. 3 The Contractor has presented on behalf of itself and its sureties, satisfactory evidence that he or she ` will repair, replace and make good any faulty workmanship and/or materials discovered it the work within a period of months from this date, as provided in the Contract. 4 Amount of Original Contract ~ Present Amount of Contract 5 Less Previous Payments 5 Less Deductions (from ~2 above) 5 FINAL PAYMENT (Balance) ~ 5. The Final Payment in the amount above is now due and payac~le. Certified by: ^- CIII~IIICCI Contractor Chief Executive Officer Firm Title Flrm Title City/County of CONTRACTOR'S FINAL PAYMENT AFFIDAVIT Locality: Ker~ C Contractor: "" BEFORE ME, THE UNDERSIGNED AUTHORITY, on this dot personall}~ appeared who beino Duly sworn, on oath, says that ne is a duly authorised representative of Contractor, anG that al' terms of the Contract for the completion of certair. puhlic works described as City/County of Texas have been - satisfactorily completed and that ALL sums o` money for payrolls, bills for materia' anc equipment. and other indebtedness connected with the Worn. for the Uwner o~ its's property might in any way tie responsiole to the best of my hnowiedge anc belief, nave Deer paid or wil be paid or otherwise satisfied within thirt~~ days after receipt of final payment from the Gwner, or within the period of time required b}~ Article 601f, Vernon's Civil Statutes Payments not ,_ made in ful at the 'time of this affidavit are Ilsted below. FINAL PAYMENTS pending as of this date hereof are: None Pending As Listed Below - Individual or Co. Name Mailing Address Amount Owed Signature - Title Affidavit must be signed by an individual owner or partner in partnership, or by a person aut'norized by by-laws or - Board of Driectors to sign for a corporation. If Contractor is a joint venture or partnership of individuals, either ma}~ sign, but if a joint venture in which a corporation is a party. separate affidavits mus: be executed by each corporation and by each individual owner or partnership. In the event subcontractors, laborers, or material suppliers have not been paid ire full, the Contractor shall list Hereon the amount owed and the name and address of each subcontractor, ._ laborerer. or material supplier to whom such payment is owed. Sworn and Subscribed before me this, the day of ,-~ TCDP No: 72101'5 Date: {SEAL) Nortary Public in and for County, Texas NAV~~~~ro~ ~~vsuxA-NeE cQMP~vY One ge~n ~-~~~ New York, New YOrk lUll~ Payment Band KNOW ALL MEN BY THESE PRESENTS: That (insert the name and address, or legal title, of [he Principal) (Print or t e of Principal) ~ " ~ I .,,,~ . /~ . . ., ,, (Witness) (Signature of authorized repi kentativel. ~ ~ ~ ~ ~ ~~~•• V .L.,`• '=lt J 1111 ti 173tt't~t• David Wahrmund (Type [tame and title) D W Contractors 429 Peterson, Kerrville, TX 78028 as Principal, hereinafter called Principal, and NAVIGATORS INSURANCE COMPANY, a corporation of the State of New York, with its home office in the Ciry of New York, New York, as Surety, hereinafter called Surety, are held and firmly bound unto (Insert the [tame and address, or legal title, of the Obligee) County of Kerr 700 Main, Kerrville, TX 78028 as Obligee, hereinafter called Obligee, in the penal sum of FORTY NINE THOUSAND FOUR HUNDRED TWO AND NO/100 Dollars ($49,402.00) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 2nd day of August 2 0 0 4 in the amount of FORTY NINE THOUSAND FOUR HUNDRED TWO AND NO/100 Dollars, for (lnsen project description and location below) Oak Grove Mobile Home Park, TDCP Contracts #721075 and #722411 In accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION, as specified on page two of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed and sealed this 3rd day of August , 2 0 0 4 . :. (Seal if applicable) D W Contractors Bond No.: 518002 (seat) NAVIGATORS INSURANCE COMPANY (Witness) "' ~ . • (Attorney-in-Fact) <<~~~ ~ ~ ~,-~ ' David E. Sued _ ~ . (Nance Typed) '~ t ~l -, (SEE PAGE TWO FOR TERMS ANDCONDITION~)-,r•' 1 r~I ~~ C.. ~~tltrtt~ ntitt~,,,~ Page One Payment Bond Bond No.: 518802 1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Obligee to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the Obligee, this obligation shall be null and void if the Principal: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Obligee from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Contract, provided the Obligee has promptly notified the Principal and the Surety, as instructed in Paragraph 11, of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Principal and the Surety and provided there is no Obligee Default. 3. With respect to the Claimants, this obligation shall be null and void if the Principal promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed or have a direct contract with the Principal have given notice to the Surety, by certified mail at One Penn Plaza, New York, New York, 10119 and sent a copy, or notice thereof, to the Obligee, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Principal: .1 Have furnished written notice to the Principal and sent a copy, or notice thereof, to the Obligee, within 90 days after having last performed labor or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount of the claim and the name of the party to who the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Principal, or not received within 30 days of furnishing the above notice any communication from the Principal by which the Principal has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety, by certified mail at One Penn Plaza, New York, New York, 10119 and sent a copy, or notice thereof, to the Obligee, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Principal. 5. If a notice required by Paragraph 4 is given by the Obligee to the Principal or to the Surety, that is sufficient compliance. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Obligee to the Principal under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Principal furnishing and the Obligee accepting this Bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated to satisfy obligations of the Principal and the Surety under this Bond, subject to the Obligee's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Obligee, Claimants or others for obligations of the Principal that are unrelated to the Contract. The Obligee shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. Notice to the Surety, the Obligee or the Principal shall be mailed or delivered, by certified mail to the address specified or shown on the signature page. Actual receipt of notice by Surety, the Obligee or [he Pruicipal, however accomplished, shall be sufficient compliance as of [Ite date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Principal shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Principal or with a subcontractor of the Principal to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the work of the Principal and the Principal's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14.2 Contract: The agreement between the Obligee and the Principal identified on the signature page, including all Contract Documents and changes thereto. 14.3 Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with the other terms hereof. Page Two NAB IGATORS INSURANCE COMPANY One Penn Plaza, New Yorlc, NY 10119 212-2~4-2333 LIl~TITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the NAVIGATORS INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of New York ("Company" or "Corporation"), does hereby nominate, constitute and appoint, David E. Sund Lana Sund and Kimberly Huoni of Insurance Concepts of San Antonio, Inc. ,its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $ x.000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shalt be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of June, 2002: RESOLVED, that the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company, and it was FURTHER RESOLVED, that the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached. Bonds a xecuted under this P ower o f A ttomey m ay b e e xecuted under facsimile s ignature a nd s eal p ursuant t o t he following R esolution a dopted by t he B oard o f Directors of the Company on June 7, 2002. RESOLVED, that the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power o f A ttomey, o r on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF, the NAVIGATORS INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 26s' day of June, 2002. ~~ r - - Attest: n r ~ . - 'if ~- _- PRE~~ENT ~. ~t/"ti . SECRETARY STATE OF NEW YORK On this 26'" day of June, 2002, before me personally came Stanley A. Galanski, to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the sea( of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: ANGELA C€7NENNA Rtotary Pubtic, State of New York No. 01 C060?9961 Quslifiect in Kings county Commission Expires August 30, zS2l1.~ ~tz~ ~t~ NOTARY PUBLIC STATE OF NEW YORK COUNTY OF NEW YORK ss. I, B radley D. Wiley, S ecretary o f t he N AVIGATORS INSURANCE C OMPANY, a c orporation o f t he S fate o f N ew Y ork, d o h ereby c ertify t hat t he a bove a nd foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company, at the City of New York, this 3rd day of August > 2004 .~--° • ~ _t •r SECRETARY NAVIGATORS INSURANCE COMPANY Required Notices Rider Complaint/Claim Notice To obtain information, or make a complaint: You may call the Surety's telephone number for information or to make a complaint or file a claim at: (847)230-1930 You May also write to the Surety at: Navigators Insurance Company c/o Navigators Management Company, Inc. 1375 East Woodfield Road Suite 720 Schaumburg, IL 60173 Fax #: (847)230-1934 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P O Box 149104 Austin, TX 78714-9104 Fax #: (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the "Acts). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90°~ of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which Navigators Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) NAV-SU-13 /01-03 ~„ CERTIFICATE OF LIABILITY INSURANCE o~ o?I'~° 00 vRooucr~ TkBS CERTIFICATE IS ISSUED AS A 1pATTER O~ WFORNATiON :'RUSSE;LL INSURANCE SERVIC85, II3C. ONLY AND CONFERS NO R1Gf11'S UPON THE CF.FiY'IFICATE =.ICFiARD N. ~TRUSSELL HOLDER. TMIS CERTIFlGATE DOES NOT AMEND, EXTEND OR ~ ALT'ER THE VERAG AFFOR ED BY E POLICIES BELOW. ~ -'402 AUTUMN OAKS T1~AIL r.RLINGTON, TX ? 600 6 INSURERS AFFORDING COVERAGE NAIL II ~-~SURED - INSU~A; FINANCIAL IN9URANCfi CO. OF AMHRTCA 30279 orpsol , Inc . INSUR~te~ ~ ':ID 3 2 Orchid Ave . INSUaEra c; cA11Qrs, TX 785D4 INSUf~a :~~ E u~cn o THE POLICIES OF INSURANCE LISTED BELOW HAYS BEFJJ ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RlY~UIREMfN'f, TERM OR CCNDi110N OF ANY CONTRACT OR OTHER DOCUMENT WfTN RESPECT 'TO WHICH THIS GERTIFlCATE AWY BE ISSUED OR MAY PQIRTAIN, TKE WSUAANCE pRFORDED 9Y THE POLICIES DESCRIBED HEREIN IS SU&IECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH POLICES. AGGNEGATE LIMBS SHOYVN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. --~ ~ V __..~.. ~........_.,... GEN9IAL 1.11100.1'IY C~WIEpCIALGENF.ML ur~elurv cuuMS woe ^ occur .- oa~ti AGf~GATE L1A11' APPu&S PeFI' ANYAUro ALLOWNEDAUros I SCMEDULEOAUTOS ' WREDAUTOS NONQWNEDALKO6 AGE UAOIARY AHY AUlO OCCUR I I culMS woe oEDUCrIa~ a I wo~i coM~ENSAnoN,ANO WC - 3 3 3 3- 0 4 eMruorEAS• u~rlAm ~n ~reroal+AR~W~ roe o\...so~e~urwv 07/07/04 107/07/05 OOMBINED SurOLE LIMIT I i (Fa YcokvM) gi na ~ i ( p ) eODILYINJAMiY = R'~r aawid~nq AVf001'0.Y•EAACCIDEIlf i 07MERTHAN EAACC i AUTOON4Y: .rs e 00 000 IOM OF OPERATiONi J LOCATIOIi/ YFNIGt~ii r axci.u~wi wain ^r ewwwre~a ,arwuW rnv~w~w\. Phis policy does not cover work conducted at oz frown: Any pleas in the State of Texas except 329 Peterson Dr. Kerrville, TX 78028, and any other worksites where the employees of ~W Utiliti.es Company ax's engaged in woYk_ :aunty of Kerr aCn: Kerr County Clerk '00 Main St., Ste. #122 "errville, TX 78028 ACORD 25 ~/~,nVGYI~ ~ ~YI\ SHOULD AlQY OF ~PHB ABOVE DESCRIHEG POLICIES BE CANCELLEn BEFORE THE EXPIRATION DATE THEREOF, TriS ~ INCI INSURER WXLL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTI L '!'0 THE CERTIFICATE ER NAKED TO TxE LEFT, BUT FAILURE TO DO $0 SHALL EDNO OSLTGA7J.i~1 OR LIABILITY OF ANY KIND UPOi7 S I' r..~'~i^ ~Sy~V1'~ OR REp~'~1TATIVE5. E 0 39tid SNOI lf1~9000000000 ~ ~ E9608Z69S6i i5~0t b00Z/9Z/L0 From: Kimberly R. Huoni At: Insurance Concepts of San Antonio, Inc. FaxID: Insurance Concepts o To: Connie Date: 6130/04 02:22 PM Page: 3 of 3 CERTIFICATE OF LIABILITY INSURANCE ACORD DATE (MMIDD/YYW! . DWEI,EGl 06/30/04 PRODUCER THIS CERTIFICATE IS 155UED AS A MATTER OF INFORMATION Insurance Concepts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of San Antonio, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11120 Wurzbach , Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Antonio TX 78230-2426 Phone: 210-691-0067 Fax:210-691-2629 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Qh10 Casualty INSURER B D W Electric Company D W Utility Company INSURERC 429 Peterson 78028-2523 i INSURER D Kerrv lle TX INSURER E COVERAGES THE POL LIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHS'AfJDING ANY REOUiREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SI Ii~H POLICIES AGGREGATE LIMITS SHG'NN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMlDD1YN) ~ DATE (MMI0DIY1') LIMITS GENERAL LIABILITY EACH OCCURREFICE $ 1 , OOO , 000 A }~ COMMERCIPLGENERALLIABILITY BK053051908 04/01/04 04/01/05 PREMISESIEaoscurern=aj $ 100,000 CLAIMS MADE ~ OCCUR MED EXP iAnV one Fer;on) $ 10 , 000 PERSGtJAL R P.G~~ INJURY $ 1 , OOO , OOO GENEkP1 AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOk AG9 $ 2 , 000 , OOO POLICY X JECT LOC AUT OMOBILE LIABILITY COMBINED SINGE LIA41T $ 1 000 000 A X ANY AUTO SA0530519D8 04/01/04 04/01/05 (Eaaccidenq / ALL OWNED AUTOS SCHEDULED AUTOS BODILY UJJUR'r' (Per person) $ HIRED AUTOS BODIL'r' INJIJR'r' $ NOIwOVVNED AUTOS (Per accident) PROPERTY DAMAGE ~ (Per acadentl GARAGE LIABILITY ANY AUTO AUTO ONL t - EP G..CIDENT tP P~-~- OTHER THAN $ $ _ AUTO ONLY p~;i; $ EXCESSIUMBRELLA LIABILITY ~ EACH OCCURREFN~E $ OCCUR ^ CLAIMS MADE AGGREGATE ~ '6 t - - DEDUCTIBLE ~$ RETENTION $ T $ WORKERS COMPENSATION AND TORY LIMITS ~ Ek EMPLOYERS' LIABILITY P R A TNER/EXECUTIVE E L EACH ACCIDENT $ ANY ROPRIETO IP R OFFIr_ERJMEMBER EXCWDED~ E L DISEASE - EA EMPLOYEC $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE - FOLIr=~ LIMIT $ OTHER DESCRIPTION OF OPERATIONS .LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS CFRTIFIC4TF HAI I)FR CANCELLATION KERRCOI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSURJG INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN County of Kerr NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Kerr County Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR 700 Main Street, Ste 122 Kerrville TX 78028 REPRESENTATIVES. AUTHORIZED REPRESENT ACORD 25 (2001108) -___ / - - v xwrcu Lvrcrvrcr~ ~ ivn i ~aa