CONTRACT DOCUMENTS AND SPECIFICATIONS

Transcription

1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR BOYS AND GIRLS CLUBS OF THE COASTAL BEND RENOVATION TO EXISTING FACILITY CORPUS CHRISTI, TEXAS June 16, 2017 LNV PROJECT NO As Prepared By: 801 Navigation, Suite 300 Corpus Christi, Texas (361)

2 SECTION TABLE OF CONTENTS BOYS AND GIRLS CLUBS OF THE COASTAL BEND RENOVATION TO EXISTING FACILITY CORPUS CHRISTI, TEXAS CONTRACT DOCUMENTS DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS SECTION List of Drawing Sheets Advertisements and Invitation for Bids Request for Proposal Instructions to Bidders Performance Bond Payment Bond General Conditions Supplementary Conditions TECHNICAL SPECIFICATIONS DIVISION 01 GENERAL REQUIREMENTS SECTION Summary of Work Project Management and Coordination Submittal Procedures Alteration Project Procedures Definitions Reference Standards Quality Control Temporary Facilities & Controls Product Requirements Execution & Closeout Requirements Cutting & Patching Federal Requirements for Construction Contracts DIVISION 02 Not Used DIVISION 03 Not Used DIVISION 04 Not Used DIVISION 05 Not Used DIVISION 06 Not Used EXISTING CONDITIONS CONCRETE MASONRY METALS WOOD, PLASTICS AND COMPOSITES LNV (170079) Page 1 of 2 Table of Contents Section

3 DIVISION 07 Not Used DIVISION 08 Not Used DIVISION 09 Not Used DIVISION 10 Not Used DIVISION 11 Not Used DIVISION 12 Not Used DIVISION 13 Not Used DIVISION 14 Not Used DIVISION 21 Not Used DIVISION 22 Not Used DIVISION 23 Not Used DIVISION 25 Not Used DIVISION 26 Not Used DIVISION 27 Not Used DIVISION 28 Not Used DIVISION 31 Not Used DIVISION 32 Not Used DIVISION 33 Not Used THERMAL AND MOISTURE PROTECTION OPENINGS FINISHES SPECIALTIES EQUIPMENT FURNISHINGS SPECIAL CONSTRUCTION CONVEYING EQUIPMENT FIRE SUPPRESSION PLUMBING HEATING, VENTILATION AND AIR CONDITIONING (HVAC) INTEGRATED AUTOMATION ELECTRICAL COMMUNICATIONS ELECTRONIC SAFETY AND SECURITY EARTHWORK EXTERIOR IMPROVEMENTS UTILITIES END OF SECTION LNV (170079) Page 2 of 2 Table of Contents Section

4 SECTION LIST OF DRAWING SHEETS GENERAL G-001 Cover Sheet ARCHITECTURAL A-101 Site Plan A-102 Overall Floor Plan A-401 Enlarged Floor & RCP Demolition Plan A-402 Enlarged Floor & RCP Plan A-403 Schedules & Interior Elevations A-501 Details & Specifications PLUMBING P-101 Plumbing Plan P-201 Plumbing Specifications MECHANICAL M-101 HVAC Floor Plan M-201 HVAC Details and Schedules M-301 HVAC Specifications ELECTRICAL E-101 Electrical Demolition E-201 Light and Power Plans E-301 Electrical Schedules E-401 Electrical Specifications END OF SECTION LNV (170079) Page 1 of 1 List of Drawing Sheets Section

5 INVITATION FOR BIDS Sealed bids addressed to "Boys and Girls Clubs of the Coastal Bend Renovation to Existing Facility" located at 3902 Greenwood Dr., Corpus Christi, Texas 78416, in accordance with the plans and specifications, dated June 16, 2017, will be received at the Boys and Girls Clubs of the Coastal Bend, 3902 Greenwood Dr., Corpus Christi, TX 78416, at the hour of 2:00 p.m., Thursday, July 13, Bids will be opened by the owner s representative at the time the bids are received. Any bid received after the time noted in the letter shall returned unopened. No electronic bids will be accepted. This project is being funded by the City of Corpus Christi and the U.S. Department of Housing and Urban Development Community Development Block Grants funds and is subject to the following Federal requirements: Executive Order 11246; Clause 3 of the HUD Act of 1968; and Section 109 of the Housing and Community Development Act of Contractors and subcontractors must comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of the Contract Work and Safety Standards Act as amended and all other applicable Federal, state and local laws and regulations pertaining to labor standards. This project will require 5% Bid Bond, Performance and Payment Bond in an amount equal to 100% of the accepted bid. Failure to provide required performance and payment bonds for this contract will result in forfeiture of the 5% bid bond to the Owner. The Owner reserves the right to hold all bids for 30 days from the date of bid opening without action, to reject any and all bids, to waive irregularities, and to require attachments or evidence of bidder's qualifications, including financial statements. Printed Plans and Specifications may be obtained from the Architect at the address below for $100 deposit per set. A pre-bid conference will be held at the Boys and Girls Clubs of the Coastal Bend, on Thursday, July 6, 2017 at 10:00 a.m. LNV, Inc. 801 Navigation, Suite 300 Corpus Christi, TX Publication Dates: Corpus Christi Caller-Times June 25, 2017 July 2, 2017

6 SECTION REQUEST FOR PROPOSAL SUBMITTED BY: TO: RE: Ms. Kim Barrientos, CEO Boys and Girls Clubs of the Coastal Bend 3902 Greenwood Drive Corpus Christi, Texas Renovation to Existing Facility Boys and Girls Clubs of the Coastal Bend Corpus Christi, Texas Gentlemen: In compliance with your instructions, the undersigned hereby proposed to furnish all labor, materials and perform all work for the General Construction of the Renovation of the Existing Facility at the Boys and Girls Clubs of the Coastal Bend, Corpus Christi, Texas, in accordance with the Specifications dated June 16, 2017, and the Drawings and Details mentioned therein, for the consideration of the following amounts: BASE BID New Construction and Site Work $ Dollars ALTERNATES: Acknowledge Add Alternate No. 1 Acknowledge Add Alternate No. 2 Acknowledge Add Alternate No. 3 Acknowledge Add Alternate No. 4 Acknowledge Add Alternate No. 5 Bidder represents that, prior to preparing this bid, they have carefully read the Contract Documents, examined the Site of the Project, and made an investigation such that they are fully informed of the conditions, facilities, difficulties, restrictions and requirements which they will, or may, encounter in the completion of the Project in accordance with the terms of the Contract Documents, LNV (170079) 1 of 3 Request for Proposal Section

7 State number of days required to commence construction: The completed project shall be delivered to Owner on or before October 7, 2017, except as such date may be extended by delays approved by Architect in accord with the terms of the Contract Documents governing the construction of such Project. Completion date of project shall be determined by the Contract and shall be used by the Owner in making final selection. Upon award of Contract, this figure shall become part of the Contractor s contractual obligation. General Contractor By: Address: PREPARATION AND SUBMISSION OF BIDS A. Bids shall be submitted on a Bid Form following the wording and arrangement of the sample furnished by the Architect and shall be signed in ink. Erasures or other changes in a Bid must be explained in full, or noted over the signature of the Bidder. Bids containing any conditions, omission, unexplained erasures or alterations, or items not called for in the proposal, or irregularities of any kind, will be rejected by the Owner as being incomplete. Bids must include all alternates to be considered complete. B. Each Bid must give the full business address of the Bidder and be signed by him with his usual signature. Bids by partnerships must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporation must be signed with the legal name of the corporation, followed by the name of the Station of Incorporation and the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixed to his signature the word "President", "Secretary", "Agent" or other designations, without disclosing his principal, may be held to be the Bid of the individual signing. When requested by the Owner, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. LNV (170079) 2 of 3 Request for Proposal Section

8 C. Provide ten copies of the bid and sub-bids received. These shall be reviewed by the building committee along with the General Contractor and Architect. Based upon this review, the final list of sub-contractors will be determined along with the project cost. AWARD OF CONTRACTS A. The contracts will be awarded within thirty (30) days of acceptance by the Owner. B. The Bid for alternates shall be submitted with the understanding that it is guaranteed for a period of one hundred twenty (120) days after the scheduled closing time for receipt of bids. C. The Owner reserves the right to waive any formality, defect or irregularity in the Bids received when such waiver is in the interest of the Owner; also to accept any item in the Bid, unless otherwise specified by the Owner of the Bidder. REJECTION OF BIDS The Owner reserves the right to reject any and all Bids when such rejection is in the interest of the Owner, and to reject the Bid of a Bidder who is not in a position to perform the Contract. A. The Owner reserves the right to reject any sub-bid and will reimburse the Contractor for any increase in cost. The Contractor shall submit a list of sub-contractors to the Owner before contract is signed. EXAMINATION OF SITE AND CONTRACT DRAWINGS The General Contractor and his sub-contractors shall visit the site of the proposed work, fully acquaint and familiarize themselves with conditions as they exist and the character of the operations to be carried on under the proposed contract, and make such investigations as they may see fit so that they shall fully understand the facilities, difficulties and restrictions attending the work under Contract. Each bidder shall also thoroughly examine and become familiar with all the Contract Documents, including the Drawings, Addenda, Details and Specifications. By submitting a proposal to the General Contractor and Owner, the Bidder covenants and agrees that they have carefully examined the Drawings, Details and Specifications and Addenda, if any, and the site, and that from their own investigations they have satisfied themselves on all matters which may in any way affect the work or its performance, and purpose thereof and their obligations to, damages because of any misinterpretation or misunderstanding of the Contract because of any lack of information. END OF SECTION LNV (170079) 3 of 3 Request for Proposal Section

9 SECTION INSTRUCTIONS TO BIDDERS BIDS Sealed bids in duplicate for the work described will be received by "Boys and Girls Clubs of the Coastal Bend", at time, date and at place stated in the Invitation for Bids. The Bidders shall submit their Bids on a Bid Form following the wording and arrangement of the sample furnished by the Architect. BID GUARANTEE The Bid for construction shall be submitted with the understanding that it is guaranteed for a period of sixty (60) days after the scheduled closing time receipt of bids. Bid must be enclosed in a sealed opaque envelope, plainly marked on the outside with the name of the bidder and the name of the project as follows: TO: RE: Ms. Kim Barrientos, CEO Boys and Girls Clubs of the Coastal Bend 3902 Greenwood Drive Corpus Christi, Texas Renovation of the Existing Facility Boys and Girls Clubs of the Coastal Bend Corpus Christi, Texas SUBMITTED BY: (Name of Bidder) END OF SECTION LNV (170079) 1 of 1 Instructions to Bidders Section

10 SECTION PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER: Ms. Kim Barrientos, CEO Boys and Girls Clubs of the Coastal Bend 3902 Greenwood Drive Corpus Christi, Texas CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects.

11 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 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. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Constriction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. EJCDC No A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects.

12 SECTION PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER: Ms. Kim Barrientos, CEO Boys and Girls Clubs of the Coastal Bend 3902 Greenwood Drive Corpus Christi, Texas CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted 10/90

13 1. The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants. This obligation shall be null and void if the Contractor 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 by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom 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 Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor 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 (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed Pay or arrange for payment of any undisputed amounts. 7. 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. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a 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 of after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), 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 Construction 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. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the 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. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor 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, heal, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor'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 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. EJCDC No B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted 10/90

14 GENERAL CONTRACT CONDITIONS 1. Contract and Contract Documents a) The project to be constructed pursuant to this contract 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 Owner, hereinafter called the Locality and 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 "Architect" means LNV, Architect in charge, serving the Locality with 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 Architect, 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 Owner except for cause. c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractor(s) and of persons either directly or indirectly employed by them. LNV (170079) 1 of 17 General Conditions Section

15 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 Architect 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 Architect. 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. LNV (170079) 2 of 17 General Conditions Section

16 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 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 and/or 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. LNV (170079) 3 of 17 General Conditions Section

17 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 $ 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: LNV (170079) 4 of 17 General Conditions Section

18 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 Novation 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 Drawings 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. LNV (170079) 5 of 17 General Conditions Section

19 13. Shop Drawings a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Architect in five (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 Architect 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 Architect 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 Architect 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. LNV (170079) 6 of 17 General Conditions Section

20 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 Architect 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 Architect, 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 Architect 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 Architect 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 Architect 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 Architect; 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 LNV (170079) 7 of 17 General Conditions Section

21 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 and/or 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. LNV (170079) 8 of 17 General Conditions Section

22 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 Owner, 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 LNV (170079) 9 of 17 General Conditions Section

23 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 Architect 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 LNV (170079) 10 of 17 General Conditions Section

24 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 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. Each insurance carrier shall be licensed to operate in the State of Texas and listed with the Texas State Board of Insurance. a. Definitions: Certificate of coverage (certificate). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC 84), showing statutory workers compensation insurance coverage for the person s or entity s employees providing services on a project, for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the Contractor s/person s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( subcontractor in para ) includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, LNV (170079) 11 of 17 General Conditions Section

25 subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section (44) for all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the test, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; LNV (170079) 12 of 17 General Conditions Section

26 (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially effects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a selfinsured, with the Commission s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. k. The Contractor s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. A. 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. B. Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability LNV (170079) 13 of 17 General Conditions Section

27 Insurance in the following amounts: Public Liability: $100,000 for injuries to 1 person. $300,000 for each occurrence. In addition to these requirements, the owner requires an additional $1,000,000. Property Damage: $250,000. Automobile Property Damage: $250,000. Automobile Public Liability: $500,000 for injuries to 1 person. $500,000 for each occurrence. NOTE: Automobile insurance shall cover all automobiles and trucks owned by the CONTRACTOR. For terms covered under this Contract, (owner and address) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Texas shall be named as additional insured with respect to general liability. Proper certificates of insurance shall be filed with the ARCHITECT prior to the execution of the Contract. C. Proof of Insurance: 28. Warranty of Title 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 thirty (30) days written notice has been received by the Locality. 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 LNV (170079) 14 of 17 General Conditions Section

28 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 Acts a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec 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 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 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 disposition of hazardous materials on sites owned or controlled by the Locality. 31. Equal Employment Opportunity 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 Goals for Female Participation 0% for Each Trade 0% 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. LNV (170079) 15 of 17 General Conditions Section

29 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 nonminority. 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 LNV (170079) 16 of 17 General Conditions Section

30 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. 36. Job Offices a) The Contractor and his subcontractors shall 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 herein, 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 five (5) 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 the time stipulated in the Contractor s bid. 40. Liquidated Damages 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 Two Hundred Dollars ($200.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. LNV (170079) 17 of 17 General Conditions Section

31 SECTION SUPPLEMENTARY CONDITIONS DESCRIPTION OF WORK: Renovation to Existing Facility, Girls and Boys Clubs of the Coastal Bend. The Contractor shall furnish all labor, materials, equipment, tools, services and supervision necessary to perform all the work as described in the Proposal and shall deliver the work complete in all respects and in full accordance with the Contract Documents. All incidental services and materials which may be reasonably inferred as necessary to accomplish the intended end result shall be provided by the Contractor whether or not specifically shown on the Drawings or itemized in the Specifications. CONSTRUCTION SEQUENCE: Within ten (10) days after receiving a written Notice to Proceed the Contractor will be expected to pursue continuous progress of the overall Project from beginning of the work to completion. The Contractor will, in general, be left to schedule his work as he sees fit in so far as the Owner remains satisfied that an orderly progress is being made on the project to the extent of finishing within the stated contract time. The Contractor will, however, be required to coordinate the sequencing of this work with the Owner and various utility companies, and any other individual or entity which may suffer inconvenience or damage as a result of a lack of cooperation in the construction of the project. TIME OF COMPLETION: Construction time is to start ten (10) days after receipt of a written Notice to Proceed. All items of work contemplated in these Specifications and the accompanying drawings are to be fully complete in the number of days specified in the bid proposal. After the notification of final completion and a final inspection, Contractor shall have thirty (30) days to remedy any incomplete or defective work. PROJECT MEETINGS: Prior to starting work, the Contractor shall attend a Pre-Construction Conference to review the Contractor s schedules, to establish procedures for processing applications for payment, and to establish a working understanding between Owner, Architect and Contractor. Representatives of all parties shall be in attendance. Other meetings will be scheduled during the construction as need dictates. LIQUIDATED DAMAGES FOR DELAY: The Contractor agrees that a delay in substantial completion of the project beyond the total number of days anticipated for substantial completion plus such extensions to the allotted time as may be provided for in the General Conditions shall cause a damage to the Owner and that the Owner may withhold, permanently, from the Contractor s total compensation a sum of two hundred dollars ($200.00) per calendar day as the stipulated damages for such delay. GUARANTEES: The Contractor shall provide a warranty which shall guarantee work against defective materials and workmanship for a period of one (1) year from the date of issue of certificate of acceptance. Neither final acceptance nor final payment or any provision in the contract documents will relieve LNV (170079) 1 of 5 Supplementary Conditions Section

32 Contractor of above guarantee. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from the Contractor and/or his surety. PERMITS AND RIGHT-OF-WAY: The Owner will provide right-of-way for the purpose of construction without cost to the Contractor by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the Contractor prior to the initiation of construction on easements through private property, or upon areas of public dedication, to familiarize himself with the requirements of the pertinent easement or permit and to abide by all of the stated terms of such easements or permits. The Contractor shall give notice of intent to begin construction on privately owned property or permitted areas as required by the relevant easement or permit but in no case less than 48 hours before commencing work. MATERIALS AND EQUIPMENT: Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damage. REPAIR OF DAMAGE: Driveways, curbs, culverts, yards or items of private or public ownership, if damaged during the course of construction of this project, shall be, to the greatest extent practicable, repaired or replaced to the condition of such items before their being damaged, at no cost. SITE MAINTENANCE AND CLEAN-UP: Maintain work site during construction neat and free of trash, rubbish or other debris. In cleanup operations, remove from site temporary structures, rubbish and waste materials, and leave site in a neat and presentable condition throughout. Dispose of excavated material beyond that which is needed to bring site to required final elevations. MEASUREMENT AND PAYMENT: Estimated quantities shown in the Contract Documents are provided solely for the purpose of allowing a uniform comparison of submitted bids. Payment will be made on either the basis of actual measured quantities or a lump sum as may be relevant to the particular item. For those items for which payment is based on actual measured quantities, the Contractor shall verify all measurements at the site and shall be responsible for the correctness of same. Unit prices shall then be used to calculate payment. Methods of measurement shall be given in the Technical Specifications for each measured item. RETAINAGE: The Owner will retain from the Contractor s monthly estimate and request for payment an amount equal to 5% of the invoice amount. This 5% shall be retained by the Owner until final acceptance of the total project and then paid to the Contractor. PAYMENT FOR MATERIALS ON SITE: Contractor shall present to the Owner with his monthly estimate of production and request for payment a list of all material delivered to the project site, but not installed, with the total invoice cost of that material and the Owner shall pay to the Contractor the invoice cost of such material as has been verified by the Engineer to be on site, less a 5% retainage. On site shall mean on or immediately adjacent to the work area or point of material installation, or a central storage yard or office area which has been set up for the project in the immediate project area. This does not include material in transit to the job site, material stored in yards or areas located in other towns, or LNV (170079) 2 of 5 Supplementary Conditions Section

33 materials stored in a manufacturer s warehouse, even though Contractor may have been invoiced for such material. Materials considered as consumables, i.e. chlorine for disinfection, testing pipe and equipment, etc., shall not be considered as material on-site, and only principle material items shall be considered for payment for material on-site. TAX EXEMPTION: The improvements proposed for construction under the terms of these Contract Documents shall become a part of the utility system of the Owner. The Owner qualifies as an exempt organization under the Limited Sales Excise. Tax Rules and Regulations of the State of Texas. Since the Owner and the Contractor shall be exempt from the state sales tax, the state sales tax shall not be included in the Bid. BOYS AND GIRLS CLUBS OF THE COASTAL BEND, CORPUS CHRISTI, TX. According to the records of the Comptroller of Public Accounts, the following exemption(s) from Texas taxes apply to the above organization(s): Franchise tax, as of Sales and use tax, as of (Provide Texas sales and use tax exemption certificate Form to vendor) Boys and Girls Clubs of the Coastal bend is a tax exempt entity. Tax ID number will be provided to successful bidder. Prior to the execution of the Contract, the Contractor shall obtain a Limited Sales Tax Permit and shall show evidence of this permit when signing the Contract. The Contractor shall then issue Resale Certificates in lieu of payment of the sales tax, on material purchased for incorporation into the project. These instructions are in strict compliance with the State Sales Tax Code, Section The Contractor is assumed to be fully aware of the sales tax regulations and agrees to cooperate fully with the Owner claiming its lawful exemption from the state sales tax. TRAFFIC CONTROL: It will be the Contractor s responsibility to adequately provide for the safety of the public during the course of the construction of the project to include flagmen. He shall provide a traffic control plan approved by the Architect and if necessary, the Texas Dept. of Transportation to adequately provide for the safety of the public during the course of construction of the project. No separate compensation will be paid to the Contractor for traffic control. MATERIALS TESTING: The Owner will provide for the initial testing of materials to be incorporated into the project to such extent as may be desired including the testing of concrete samples taken at the time of concrete placement. The Contractor shall be responsible for supplying samples of materials as may be required for testing. Any re-testing required shall be at the Contractor s expense as stated in the General Conditions. WATER FOR CONSTRUCTION: Water used for the mixing of concrete, jetting or flooding trenches, or testing, or any other purposes incidental to this project, will be furnished by the Contractor. If water is obtained from the Owner s water supply, the Contractor shall make the necessary arrangements for securing and transporting such water and shall take such water in a manner and at such times that will not produce a harmful drain or decrease pressure in the Owner s water system. There will be no charge to Contractor for water used in the construction of this project. LNV (170079) 3 of 5 Supplementary Conditions Section

34 LINES AND GRADES: The Contractor shall hire and pay a registered Engineer to set control stakes (both horizontal and vertical), and detailed construction staking shall be the full responsibility of the Contractor. LOCATION OF AND DAMAGE TO EXISTING UTILITIES: The Contractor shall be solely responsible for all above ground utilities, structures, and appurtenances in regard to protection and replacement or repair of same. The Contractor shall also be solely responsible for visible below ground utilities, structures and appurtenances that may be accurately located by removing manhole covers, valve box covers, and other access point coverings, with a reasonable effort on the part of two workmen, using hand tools for such removal and inspection. The cost of protecting, replacing, or repairing the utilities, structures, and appurtenances covered by this paragraph shall be borne solely by the Contractor and shall be included in the prices bid for the various affected items in the Contract. The Contractor shall notify all private and public utilities 48 hours prior to performing any work in the vicinity of said utilities. Such 48-hour notice shall not include Saturdays, Sundays and holidays. In those instances where faults, caverns or subsidence zones are encountered during construction, the design engineer will make the necessary adjustments and/or modifications to ensure proper installation. This subject is further defined in the detailed specification list which governs this project. CONTRACTOR S FIELD ADMINISTRATION STAFF: The Contractor shall employ for this project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the Owner. The criteria upon which the Owner shall make this determination shall include the following: A. The superintendent shall have at least five (5) years experience in the day-to-day field management and oversight of projects of a similar size and complexity to the project which is the subject of this Contract. This experience shall include, but is not limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. B. The foreman shall have at lease five (5) years experience in oversight and management of the work of various subcontractors and crafts. Should the scope of the project be such that a foreman is not required, the Contractor s superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters shall be reviewed by the Owner. The Contractor s field administration staff, and any subsequent substitutions or replacements thereto, shall be approved by the Owner in writing prior to such superintendent or foreman assuming responsibilities on the project. Such written approval of field administration staff is a prerequisite to the Owner s obligation to execute a contract for this project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the Owner concerning any substitutions or replacements in its field administration staff for this project, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the Owner concerning any substitutions or replacements in its field administration staff for this project during the term of the Contract, such a failure will constitute a basis to annul the Contract. LNV (170079) 4 of 5 Supplementary Conditions Section

35 CHARACTER OF WORKMEN AND CONDITION OF EQUIPMENT: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent and the Architect may demand the dismissal of any person or persons employed by the Contractor, in, about or on the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Architect, and such person or persons shall not be employed thereon again without the written consent of the Architect. All workmen shall have sufficient skill and experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. AS-BUILT DRAWINGS: Contractor shall maintain daily a set of As-Built drawings detailing the location and depths of new and existing utilities. The completed set of As-Builts shall be submitted to the ARCHITECT at the completion of the project. WAGE RATES: a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontracts on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 3I of title 40, United States code. b. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145,. The Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth 1nthat section. Federal agencies providing grants, cooperative agreements and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that arc in excess of $2000 for construction, alteration or repair (including painting and decorating). c. Standard award term when awarding Recovery act funds for construction, alteration, maintenance or repair of a public building or public work that DOES NOT involve iron, steel and or manufactured goods covered under international agreements. END OF SECTION LNV (170079) 5 of 5 Supplementary Conditions Section

36 SECTION SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 PROJECT/WORK IDENTIFICATION: A. Name of Project is Renovation to Existing Facility Boys and Girls Clubs of the Coastal Bend on contract documents prepared by LNV, Inc. with plans and project specifications dated June List of drawings included in this package are found in Section List of Drawing Sheets. B. Contract Documents indicate the work of Contract, and related provisions of project which may include but are not necessarily limited to the following: 1. Existing site conditions. The site is within a functioning Community Boys and Girls Clubs building. Hours of operation are from 8:00 am to 5:00pm. 2. Existing site restrictions. No demolition or new construction methods used shall create objectionable noise, excess dust or debris or any other by product of construction that will interfere with the functioning of the existing facility during hours of operation. a. Objectionable noise and activities shall be any type of construction activities that would have a negative outcome to adjacent support spaces. C. Existing building. The existing building is a steel masonry structure. Existing Teen Center renovation consists of removal & abatement of V.C.T. flooring, removal of suspended ceilings, relocation of existing door, new floor finish, painting of masonry walls, addition of new suspended lighting, addition of new suspended ceiling, addition of new HVAC system & addition of power/data outlets. Renovation also consist of Computer Room allocation with new millwork. D. Summary by References: Work of Contract can be summarized by reference to the Contract General Conditions, Supplementary General Conditions, Specification Sections as listed in the "Index of Specification Sections" bound herewith Drawings as listed in List of Drawing Sheets" bound herewith, Addenda and Modifications to the Contract Document issued subsequent to the initial printing of this project manual, and including but not necessarily limited to printed matter referenced by any of these. It is recognized that work of Contract is also unavoidably affected or influenced by governing regulations, natural phenomenon including weather conditions, and other forces outside the Contract Documents. E. Abbreviated Written Summary: Briefly, and without force and effect upon contract documents, work of Contract can be summarized as follows: LNV (170079) 1 of 4 Summary of Work Section

37 1. Teen Center: Removal of existing suspended ceilings, removal & abatement of existing V.C.T. flooring, relocation of existing door, painting of existing masonry walls & exposed roof structure, installation of new floor finish, addition of new suspended ceilings & lighting, modifications to existing HVAC system & addition of power/data outlets. Work also consists of Computer Room allocation with new millwork. 2. The work also includes additive bid alternates as defined in drawings. 3. Phasing of construction to allow continued operation of the surrounding area will not be required. 1.3 ALTERATIONS AND COORDINATION A. General: The work of this Contract includes coordination of entire work of project, including preparation of general coordination drawings/diagrams/ schedules, and control of site utilization; from the beginning of activity, through the project close- out and warranty periods. B. Location of all pipes, ducts, outlets, appliances, etc., as shown on the Drawings are approximate only and are understood to be subject to such revisions as may prove necessary or desirable at the time the work is installed. Each Contractor will be required to install his work with relation to existing building conditions and shall be entirely responsible for the correctness of his work with reference lo finished elevations, etc. C. The Drawings show the arrangement of piping and ductwork. Should local conditions necessitate any rearrangement or if the piping or ductwork can be installed to better advantage in a different manner, the Contractor shall, before proceeding with the work, prepare and submit five (2) copies of Drawings of the proposed arrangement for the Architect's review. D. If the Contractor proposes to install equipment, including piping and ductwork, requiring space conditions other than those shown, or to rearrange the equipment, he shall assume full responsibility for the rearrangement of the space and shall have the Architect review the change before proceeding with the work. The request for such changes shall be accomplished by Shop Drawings of the space in question. E. Contractor is responsible for the proper location and size of all slots, holes or openings in the building structure pertaining to his work, and for the correct location of pipe sleeves. F. Contractor shall so coordinate the work of the several various trades that it may be installed in the most direct and workmanlike manner without hindering or handicapping the other trades. Piping interferences shall be handled by giving precedence to pipe lines, which require a slated grade for proper operation. Sewer lines and condensate piping shall take precedence over water lines in determination of elevations. Where there is interference between sewer lines and condensate lines, the sower lines shall have precedence and provisions shall be made in the condensate lines for looping them around the sewer lines. In all cases, lines requiring a stated elevation for their proper operation shall have precedence over electrical conduit and ductwork. G. All piping and ductwork in finished areas, except where noted to the contrary, shall be installed in chases, furred spaces, above ceiling, etc. In all cases, pipes and ducts shall be installed as high as possible. Runs of piping shall he grouped whenever it is feasible to do so. LNV (170079) 2 of 4 Summary of Work Section

38 H. All oiling devices and all parts of equipment requiring adjustments shall be easily accessible. I. Alterations: Where applicable, requirements of contract documents apply for alteration work in same manner as for new work. 1.4 MISCELLANEOUS AND GENERAL PROVISIONS A. Cutting and Patching: 1. Definition: Includes cutting and patching of both previously existing work and nominally completed portions of Contract work. Excludes shop fabrication of work and normal installation procedures including the drilling of holes to install fasteners. Excludes special categories of work identified as alterations, demolition, cleaning, removal/ replacement of non-complying work and similar activities although some of these activities may require cutting and patching. 2. General: Specific requirements and limitations for cutting and patching are shown and specified for certain types of work, and specified in other sections of Division 1 as required quality control procedures for general application to performance of the work. B. Mechanical/Electrical Requirements of General Work: 1. General: Except as otherwise indicated, comply with applicable requirements of Division 15 sections for mechanical provisions within units of general work, and comply with applicable requirements of Division 16 sections for electrical provisions within units of general work. Refer to Division 15 and Division 16 sections for characteristics of mechanical and electrical services to be connected to units of general work, and provide units manufactured/fabricated for proper connection and utilization of available services as indicated. a. Service Connections: Except as otherwise indicated, final connection of mechanical services to general work is defined as mechanical work, and final connection of electrical services to general work is defined as electrical work. 2. Mechanical and Electrical Requirements: Provide all equipment, material, labor and services necessary for the insta1lation of a complete electrical system. The drawings show in schematic fom1 the quantity, general location, size, and interconnection of the items required to complete the system. Locations not dimensioned arc approximate and placement should be coordinated with other trades and maintenance considerations. a. Except as otherwise indicated, comply with applicable provisions of NEC and standards by NEMA for electrical components of general work. Provide UL listed and labeled products where applicable. b. Electrical components are recognized to include, but not by way of limitation, motors, motor starters, internal equipment wiring, integral control switches and similar electrical devices, electrical heating coils integrated lighting equipment, electronic equipment, electrical sensors and signals, communication equipment, scientific devices and similar electrical components. LNV (170079) 3 of 4 Summary of Work Section

39 c. Contractor shall pay all fees for licenses, deposits, inspection and permits required in connection with the work. d. Mechanical and electrical work shall be performed under the supervision of a competent superintendent who cannot be removed from the project without the owners approval or request. e. Where work penetrates waterproofing, including waterproof concrete, the method of installation shall be as approved by the Architect before work proceeds. Contractor shall furnish all necessary sleeves, caulking and flashing required to make openings absolutely watertight. f. It is imperative that clinic utilities and other services be maintained at all times except for scheduled interruptions. Should emergency repairs be required to systems that exist within construction limits the contractor shall cooperate with the owner to insure that these services are restored as soon as possible, Provide necessary temporary services and connections required to provide uninterrupted continuance of building services except as otherwise permitted by owner. g. Necessary shutdown of any utility shall be approved by the Hospital and Owner's representative as least 24 hours in advance. If necessary, work must be performed at night, over the weekend, or during holidays to avoid interruption during regular working hours, no extra payment will be made for such work, END OF SECTION LNV (170079) 4 of 4 Summary of Work Section

40 SECTION PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Cutting and patching. D. Preconstruction conference. E. Site mobilization conference. F. Progress meetings. G. Pre-installation conferences. 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting, and placing in service, such equipment. C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. LNV (170079) Page 1 of 3 Project Management and Coordination Section

41 1.3 CUTTING AND PATCHING A. Refer to Section PRECONSTRUCTION CONFERENCE A. Owner will schedule a conference after Notice of Award. B. Attendance Required: Owner, Architect/Engineer, and Contractor, and major subcontractors. C. Agenda: 1. Distribution of Contract Documents. 2. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 3. Designation of personnel representing the parties in Contract, and the Architect/Engineer. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 5. Scheduling. 1.5 SITE MOBILIZATION CONFERENCE A. Architect/Engineer may schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Owner, Architect/Engineer, and Contractor Contractor's Superintendent, and major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey and building layout. 6. Security and housekeeping procedures. 7. Schedules. 8. Procedures for testing. 9. Procedures for maintaining record documents. 10. Requirements for start-up of equipment. 11. Inspection and acceptance of equipment put into service during construction period. 1.6 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work as determined by the Architect. 1.7 PREINSTALLATION CONFERENCES LNV (170079) Page 2 of 3 Project Management and Coordination Section

42 A. When required in individual specification Section, convene a pre-installation conference at work site prior to commencing work of the Section. Obtain final confirmation of Architect for necessity of meeting. B. Require attendance of parties directly affecting, or affected by, work of the specific Section. C. Notify Architect/Engineer four days in advance of meeting date. D. Review conditions of installation, preparation and installation procedures, and coordination with related work. PART 2 PART 3 PRODUCTS (Not Used) EXECUTION (Not Used) END OF SECTION LNV (170079) Page 3 of 3 Project Management and Coordination Section

43 SECTION SUBMITTAL PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Product and Design data. D. Shop Drawings. E. Samples. F. Test reports. G. Certificates. H. Manufacturer's instructions. I. Manufacturer's field reports. J. Erection Drawings. K. Operation and Maintenance Manuals L. Other submittals. M. Contractor review. N. Architect review. 1.2 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Contractor shall identify all critical path items and schedule submittals sufficiently in advance of the need for the material or equipment to expedite Project construction. Provide submittals on the critical path (i.e. long lead) items as soon as possible to avoid impacting or delaying construction schedule. Coordinate submission of related items. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. Allow time for fabrication, purchase, testing, and delivery of material or equipment once submittal is approved. 3. The Architect will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. For each submittal for review, allow 15 calendar days excluding delivery time to and from Contractor/Architect. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 4. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report inability to comply with requirements. LNV (170079) Page 1 of 6 Submittal Procedures Section

44 5. Submittals not requested will not be recognized nor processed. 6. Incomplete, improperly packaged, and submittals from sources other than the Contractor will not be accepted or reviewed. Complete submittals for each item are required. Delays resulting from incomplete submittals are not the responsibility of Architect. B. Transmittal Form and Numbering 1. Transmit each submittal with Transmittal Letter. Group submittals of related products in a single submission but each submittal shall only contain related types of work, material, product, or equipment. Unrelated mixed/combined submittals will not be accepted. 2. Sequentially number transmittal forms. Mark revised submittals with original number and sequential alphabetic suffix. 3. Identify: Date, Project Name and Number, Contractor, Subcontractor and supplier, pertinent Drawing and detail number, and Specification Section number appropriate to submittal. 4. Apply Contractor's stamp, signed or initialed, certifying that review, approval, verification of products required, field dimensions, adjacent construction Work, and coordination of information is according to requirements of the Work and Contract Documents, except as noted by any requested variance. 5. Identify any deviations from the Contract Documents and product or system limitations that may be detrimental to successful performance of completed Work. 6. Allow space on submittals for Contractor and Architect review stamps. 7. When revised for resubmission, identify changes made since previous submission. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. At least 3 days prior to the pre-construction conference, submit preliminary construction schedule defining planned operations for the Work. B. At least 3 days prior to the monthly construction meeting, submit updated construction progress schedule. C. Construction Progress Schedule shall include: 1. Overall percent complete, projected and actual. 2. Completion progress by listed activity and sub-activity, to within 5 days prior to submittal. 3. Changes in Work scope and activities modified since submittal. 4. Delays in submittals or resubmittals, deliveries, or Work. 5. Adjusted or modified sequences of Work. 6. Other identifiable changes. 7. Revised projections of progress and completion. 1.4 PRODUCT AND DESIGN DATA A. Submit to Architect for review for assessing conformance with information given and design concept expressed in Contract Documents. Provide product and design data such as manufacturer's brochures, catalog pages, illustrations, diagrams, tables, performance charts, and other material which describe appearance, size, attributes, code and standard compliance, ratings, and other product characteristics. Provide all critical information such as design strengths, mixes, reference standards, performance characteristics, capacities, power requirements, wiring and piping diagrams, controls, component parts, finishes, dimensions, and required clearances. B. Where required by specification sections provide basic calculations, analyses, and data to support design decisions and demonstrate compliance with specified requirements. State assumptions and define parameters. Give general formulas and references. Provide sketches as required to illustrate design method and application. Arrange calculations and data in a LNV (170079) Page 2 of 6 Submittal Procedures Section

45 logical manner with suitable text to explain assumptions, procedures and order. Indicate name, title, and telephone number of individual performing design and include Professional Architect s seal, registered in the state the project is located in, where applicable or required. C. Submit number of hard copies Contractor requires, plus two (2) hard copies Architect/Owner will retain, unless specified otherwise in the individual specification sections. Deliver hard copies of submittals to Architect at business address. D. Submit one (1) electronic submittals via as PDF electronic files. E. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. F. Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 1.5 SHOP DRAWINGS A. Submit to Architect for assessing conformance with information given and design concept expressed in Contract Documents. B. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. C. When required by individual Specification Sections, provide Shop Drawings signed and sealed by a Professional Architect, registered in the state the Project is located, responsible for designing components shown on Shop Drawings. 1. Include signed and sealed calculations to support design. 2. Submit Shop Drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction. 3. Make revisions and provide additional information when required by authorities having jurisdiction. 1.6 SAMPLES A. Submit to Architect for assessing conformance with information given and design concept expressed in Contract Documents. B. Submit Samples to illustrate functional and aesthetic characteristics of products, with integral parts and attachment devices. Include full range of manufacturer s standard finishes, indicating colors, textures, finishes and patterns for Architect s selection. Coordinate Sample submittals for interfacing work. C. Include identification on each Sample, with full Project information. D. Submit number of Samples specified in individual Specification Sections; Architect will retain one (1) Sample. 1.7 TEST REPORTS A. Submit reports for Architect's knowledge as Contract administrator or for Owner. B. Submit test reports for information for assessing conformance with information given and design concept expressed in Contract Documents. LNV (170079) Page 3 of 6 Submittal Procedures Section

46 1.8 CERTIFICATES A. Submit certification of compliance by manufacturer, installation/application Subcontractor, or Contractor to Architect. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or product but must be acceptable to Architect. 1.9 MANUFACTURER'S INSTRUCTIONS A. Submit manufacturer's installation instructions for Architect's knowledge as Contract administrator or for Owner. B. Submit printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing, to Architect. C. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation MANUFACTURER'S FIELD REPORTS A. Submit reports for Architect's knowledge as Contract administrator or for Owner. B. Submit report within 5 days of observation to Architect for information. C. Submit reports for information for assessing conformance with information given and design concept expressed in Contract Documents ERECTION DRAWINGS A. Submit Drawings for Architect's knowledge as Contract administrator or for Owner. B. Submit Drawings for information assessing conformance with information given and design concept expressed in Contract Documents. C. Data indicating inappropriate or unacceptable Work may be subject to action by Architect or Owner OPERATIONS AND MAINTENANCE MANUALS A. Where required by specification section , provide operation and maintenance manuals. B. Submission: 1. O&M manuals should be submitted electronically when possible. The size of the file shall determine delivery method. 2. Submit for review one draft copy 30 days prior to need date or as otherwise specified. This copy will be returned after review with Architect's comments. Revise content as required. 3. Once approved, submit three (3) copies of complete, final operation and maintenance manuals. All manuals shall be submitted prior to or in conjunction with equipment startup. LNV (170079) Page 4 of 6 Submittal Procedures Section

47 C. Contents: 1. Equipment list (name and schedule #) as provided in drawings. 2. Operating instructions (normal and emergency), including diagnostic checks. 3. Preventive Maintenance Schedule. 4. Installation instructions and pre-operational checks for equipment and other products. 5. Equipment start-up sheets (by vendor in field). 6. Recommended spare parts list. 7. Wiring diagrams, as applicable. 8. Shop drawings, as applicable. 9. Test and balance (T&B) reports, and other field quality reports. 10. Statement of General Contractor s one-year warranty 11. Copies of extended warranties, as applicable. 12. Calibration procedures, if applicable. 13. Installation, maintenance and care instructions for hardware, coverings and finishes. 14. Other material and information as indicated in individual specification sections and as necessary for operation and maintenance. D. Form: 1. Manuals shall be 8-1/2 x 11 inch text pages bound in three ring expansion binders with a hard durable cover with clear plastic pocket on front for title page. 2. Prepare binder covers with printed subject title of manual, title of project, date, and volume number when multiple binders are required. Printed project information shall be on face and spine. 3. Internally subdivide the binder contents with divider sheets with typed tab titles under reinforced plastic tabs. Place dividers at beginning of each chapter, part, section, and appendix. 4. All items in previous sub-section shall be placed in specification section order and shall be placed in tabs for associated equipment or products. 5. Provide pocket folders for folded sheets and/or shop drawings. 6. Provide a table of contents for each volume, with directory listing on sub-sequent pages. Directory listing shall have names addresses, and telephone numbers of Contractor, subcontractors, equipment suppliers, and nearest service representatives, and design consultant as appropriate OTHER SUBMITTALS A. Closeout Submittals: Comply with Section Execution and Closeout Requirements. B. Submit informational data for Architect's knowledge as Contract administrator or for Owner. C. Submit information for assessing conformance with information given and design concept expressed in Contract Documents CONTRACTOR REVIEW A. Review for compliance with Contract Documents and approve submittals before transmitting to Architect. B. Contractor shall be responsible for: 1. Determination and verification of materials including manufacturer's catalog numbers. 2. Determination and verification of field measurements and field construction criteria. 3. Checking and coordinating information in submittal with requirements of Work and of Contract Documents. 4. Determination of accuracy and completeness of dimensions and quantities. 5. Confirmation and coordination of dimensions and field conditions at Site. LNV (170079) Page 5 of 6 Submittal Procedures Section

48 6. Construction means, techniques, sequences, and procedures. 7. Safety precautions. 8. Coordination of submittals to avoid conflicts between various items of Work and performance of Work of all trades. C. Stamp, sign or initial, and date each submittal to certify compliance with requirements of Contract Documents. D. Do not fabricate products or begin Work for which submittals are required until approved submittals have been received from Architect ARCHITECT REVIEW A. The Architect s review of submittals covers only general conformity to the Drawings and Specifications. The Contractor is responsible for quantity determination and no quantities will be verified by the Architect. The Contractor is responsible for any errors, omissions, or deviations from the Contract Documents and Architect s review of submittals in no way relieves the Contractor from his obligation to furnish required items according to the Drawings and Specifications. No material or equipment shall be incorporated into the Work or included in monthly pay requests until submittal has been reviewed and approval has been obtained in the specified manner. B. Do not make "mass submittals" to Architect. "Mass submittals" are defined as six (6) or more submittals or items in one day or twelve (12) or more submittals or items in one week. If "mass submittals" are received, Architect's review time stated above will be extended as necessary to perform proper review. Architect will review "mass submittals" based on priority determined by Architect after consultation with Owner and Contractor. C. Informational submittals and other similar data are for Architect's information, do not require Architect's responsive action, and will not be reviewed or returned with comment. D. Submittals made by Contractor that are not required by Contract Documents may be returned without action. E. Submittal approval does not authorize changes to Contract requirements unless accompanied by Change Order. F. Owner may withhold monies due to Contractor to cover additional costs beyond the second submittal review. PART 2 PRODUCTS - Not Used PART 3 EXECUTION - Not Used END OF SECTION LNV (170079) Page 6 of 6 Submittal Procedures Section

49 SECTION ALTERATION PROJECT PROCEDURES PART 1 - GENERAL 1.1 SECTION INCLUDES A. Products and installation for patching and extending Work. B. Transition and adjustments. C. Repair of damaged surfaces, finishes, and cleaning. 1.2 RELATED SECTIONS A. Section Project Management and Coordination: Work sequence, owner occupancy, and maintenance of utility services. Cutting and patching. B. Section Temporary Facilities and Controls: Temporary enclosures, protection of installed work, and cleaning during construction. PART 2 - PRODUCTS 2.1 PRODUCTS FOR PATCHING AND EXTENDING WORK A. New Materials: As specified in product sections; match existing Products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing Products where necessary, referring to existing Work as a standard. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that demolition is complete and areas are ready for installation of new Work. B. Beginning of restoration Work means acceptance of existing conditions. 3.2 PREPARATION A. Cut, move, or remove items as necessary for access to alterations and renovation Work. Replace and restore at completion. B. Remove unsuitable material not marked for salvage, such as rotted wood, corroded metals, and deteriorated masonry and concrete. Replace materials as specified for finished Work. C. Remove debris and abandoned items from area and from concealed spaces. D. Prepare surface and remove surface finishes to provide for proper installation of new work and LNV (170079) 1 of 3 Alteration Project Procedures Section

50 finishes. E. Close openings in exterior surfaces to protect existing work from weather and extremes of temperature and humidity. Insulate duct work and piping to prevent condensation in exposed areas. 3.3 INSTALLATION A. Coordinate work of alterations and renovations to expedite completion and to accommodate Owner occupancy. B. Remove, cut, and patch Work in a manner to minimize damage and to provide a means of restoring Products and finishes to original condition in accordance with Section C. Refinish visible existing surfaces to remain in renovated rooms and spaces, to specified condition for each material, with a neat transition to adjacent finishes in accordance with Section D. Designated areas, Rooms and spaces, and Finishes: Complete including operational mechanical and electrical work. E. In addition to specified replacement of equipment and fixtures restore existing plumbing, ventilation, air conditioning, and electrical, systems to full operational condition. F. Re-cover and refinish Work that exposes mechanical and electrical work exposed accidently during the work. G. Install Products as specified in individual sections. 3.4 TRANSITIONS A. Where new Work abuts or aligns with existing, perform a smooth and even transition. Patch Work to match existing adjacent Work in texture and appearance. B. When finished surfaces are cut so that a smooth transition with new Work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Architect/Engineer. 3.5 ADJUSTMENTS A. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to a smooth plane without breaks, steps, or bulkheads. B. Where a change of plane of 1/4 inch or more occurs, submit recommendation for providing a smooth transition for Architect/Engineer review and request instructions from Architect/Engineer. C. Trim existing doors as necessary to clear new floor finish. Refinish trim as required. D. Fit work at penetrations of surfaces as specified in Section REPAIR OF DAMAGED SURFACES LNV (170079) 2 of 3 Alteration Project Procedures Section

51 A. Patch or replace portions of existing surfaces which are damaged, lifted, discolored, or showing other imperfections. B. Repair substrate prior to patching finish. 3.7 FINISHES A. Finish surfaces as specified in individual Product sections. B. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections. 3.8 CLEANING A. In addition to cleaning specified in Section clean Owner occupied areas of work. END OF SECTION LNV (170079) 3 of 3 Alteration Project Procedures Section

52 SECTION DEFINITIONS PART 1 GENERAL 1.1 SUMMARY A. This section specifies administrative requirements for compliance with governing regulations, codes, and standards. B. Requirements include obtaining permits, licenses, inspections, releases, and similar documentation as well as payments, statements, and similar requirements associated with regulations, codes, and standards DEFINITIONS A. General: Definitions contained in this article are not necessarily complete but are general to the extent that they are not defined more explicitly elsewhere in the Contract Documents. B. Indicated: Indicated refers to graphic representations, notes, or schedules on the drawings; other paragraphs or schedules in the specifications; and similar requirements in the Contract Documents. Where terms such as shown, noted, and specified are used, it is to help locate the reference; no limitation on location is intended except as specifically noted. C. Directed: Terms such as directed, requested, authorized, selected, approved, required, and permitted mean directed by the Engineer, requested by the Engineer, and similar phrases. However, no implied meaning will be interpreted to extend the Engineer s responsibility into the Contractor s area of construction supervision. D. Approved: The term approved, where used in conjunction with the Engineer s action on the Contractor s submittals, applications, and requests, is limited to the responsibilities and duties of the Engineer stated in the General and Special Conditions. Such approval will not release the Contractor from responsibility to fulfill Contract Document requirements unless otherwise provided in the Contract Documents. E. Regulations: The term regulations includes laws, statutes, ordinances, and lawful orders issued by authorities having jurisdiction as well as rules, conventions, and agreements within the construction industry that control performance of the work, whether they are lawfully imposed by authorities having jurisdiction or not. F. Furnish: The term furnish is used to mean supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. Install: The term install is used to describe operations at the Project site including the actual unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations. H. Provide: The term provide means to furnish and install, complete and ready for the intended use. LNV (170079) Page 1 of 3 Definitions Section

53 I. Installer: An installer is an entity engaged by the Contractor, either as an employee, subcontractor, or sub-subcontractor, for performance of a particular construction activity including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. J. Project Site: That space made available by the Engineer to the Contractor for performance of the Work either exclusively or in conjunction with others performing other construction as part of the Project. The overall extent of the Project site is shown on the drawings. K. Testing Laboratories: A testing laboratory is an independent entity engaged to perform specific inspections or tests, either at the Project site or elsewhere, and to report on and, if required, interpret results of those inspections or tests INDUSTRY STANDARDS A. Applicability of Standards: 1. Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents. Such standards are made a part of the Contract Documents by reference. 2. Referenced standards take precedence over standards that are not referenced but recognized in the construction industry as standard practice. B. Publication Dates: Where compliance with an industry standard is required, comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: 1. Where compliance with two or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, the most stringent requirement will be enforced unless the Contract Documents indicate otherwise. Refer requirements that are different but apparently equal and uncertainties as to which level is more stringent to the Engineer for a decision before proceeding. 2. Minimum Quantities or Quality Levels: In every instance, the quantity or quality level shown or specified will be the minimum to be provided or performed. The actual installation may comply exactly, within specified tolerances, with the minimum quantity or quality specified, or it may exceed that minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum values as noted or appropriate for the context of the requirements. Refer instances of uncertainty to the Engineer for decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the project is required to be familiar with industry standards applicable to that entity s construction activity. Copies of applicable standards are listed but not included with the Contract Documents. Also refer to paragraph 1.03-A-1 of this Section. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where acronyms or abbreviations are used in the specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. LNV (170079) Page 2 of 3 Definitions Section

54 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION LNV (170079) Page 3 of 3 Definitions Section

55 SECTION REFERENCE STANDARDS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. Document - General Conditions: Reference Standards. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents or date specified in Product Sections. C. Obtain copies of standards when required by Contract Documents. D. Maintain copy at jobsite during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. F. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SCHEDULE OF REFERENCES AA AABC AASHTO Aluminum Association 818 Connecticut Avenue, N.W. Washington, DC Associated Air Balance Council 1000 Vermont Avenue, N.W. Washington, DC American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC LNV (170079) 1 of 7 Reference Standards Section

56 ACI ADC AGC AI AIA AISC AISI AITC AMCA ANSI APA ARI American Concrete Institute Box Reford Station Detroit, MI Air Diffusion Council 230 North Michigan Avenue Chicago, IL Associated General Contractors of America 1957 E Street, N.W. Washington, DC Asphalt Institute Asphalt Institute Building College Park, MD American Institute of Architects 1735 New York Avenue, N.W. Washington, DC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL American Iron and Steel Institute th Street, N.W. Washington, DC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO Air Movement and Control Association 30 West University Drive Arlington Heights, IL American National Standards Institute 1430 Broadway New York, NY American Plywood Association Box Tacoma, WA Air-Conditioning and Refrigeration Institute 1501 Wilson Boulevard Arlington, VA LNV (170079) 2 of 7 Reference Standards Section

57 ASHRAE ASME ASPA ASTM AWI AWPA AWS AWWA BIA CDA CLFMI CRSI American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, N.E. Atlanta, GA American Society of Mechanical Engineers 345 East 47th Street New York, NY American Sod Producers Association 4415 West Harrison Street Hillside, IL American Society for Testing and Materials 1916 Race Street Phildelphia, PA Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA American Wood-Preservers' Association 7735 Old Georgetown Road Bethesda, MD American Welding Society 550 LeJeune Road, N.W. Miami, FL American Water Works Association 6666 West Quincy Avenue Denver, CO Brick Institute of America Commerce Park Drive Reston, VA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL LNV (170079) 3 of 7 Reference Standards Section

58 DHI EJCDC EJMA FGMA FM FS GA ICBO IEEE IMIAC Door and Hardware Institute 7711 Old Springhouse Road McLean, VA Engineers' Joint Contract Documents Committee American Consulting Engineers Council th Street, N.W. Washington, DC Expansion Joint Manufacturers Association 25 North Broadway Tarrytown, NY Flat Glass Marketing Association 3310 Harrison White Lakes Professional Building Topeka, KS Factory Mutual System 1151 Boston-Providence Turnpike P.O. Box 688 Norwood, MA Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC Gypsum Association 1603 Orrington Avenue Evanston, IL International Conference of Building Officials 5360 S. Workman Mill Road Whittier, CA Institute of Electrical and Electronics Engineers 345 East 47th Street New York, NY International Masonry Industry All-Weather Council International Masonry Institute th Street, N.W. Washington, DC LNV (170079) 4 of 7 Reference Standards Section

59 MBMA MFMA MIL ML/SFA NAAMM NCMA NEBB NEMA NFPA NFPA NSWMA NTMA Metal Building Manufacturer's Association 1230 Keith Building Cleveland, OH Maple Flooring Manufacturers Association 60 Rivere Drive Northbrook, IL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL National Concrete Masony Association P.O. Box 781 Herndon, VA National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA National Electrical Manufacturers' Association 2101 'L' Street, N.W. Washington, DC National Fire Protection Association Battery March Park Quincy, MA National Forest Products Association 1619 Massachusetts Avenue, N.W. Washington, DC National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL LNV (170079) 5 of 7 Reference Standards Section

60 NWMA PCA PCI PS RIS RCSHSB SDI SDI SIGMA SJI SMACNA SSPC National Woodwork Manufacturers Association 205 W. Touhy Avenue Park Ridge, IL Portland Cement Association 5420 Old Orchard Road Skokie, IL Prestressed Concrete Institute 201 North Wells Street Chicago, IL Product Standard U. S. Department of Commerce Washington, DC Redwood Inspection Service One Lombard Street San Francisco, CA Red Cedar Shingle and Handsplit Shake Bureau th Avenue Bellevue, WA Steel Deck Institute P.O. Box 9506 Canton, OH Steel Door Institute 712 Lakewood Center North Detroit Avenue Cleveland, OH Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL Steel Joist Institute th Avenue North Suite A Myrtle Beach, SC Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Court House Road Vienna, VA Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA LNV (170079) 6 of 7 Reference Standards Section

61 TCA UL WCLIB WWPA Tile Council of America, Inc. Box 326 Princeton, NJ Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL West Coast Lumber Inspection Bureau 6980 S.W. Varns Road Box Portland, OR Western Wood Products Association 1500 Yeon Building Portland, OR PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION LNV (170079) 7 of 7 Reference Standards Section

62 SECTION QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. References. C. Field samples. D. Mock-up. (See required mock-up for this project described under 1.6.) E. Inspection and testing laboratory services. F. Manufacturers' field services and reports. 1.2 RELATED SECTIONS A. Section Submittal Procedures: Submission of Manufacturers' Instructions and Certificates. B. Section Product Requirements: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.4 REFERENCES A. Conform to reference standard by date of issue current on date of Contract Documents or date specified in product Sections. LNV (170079) 1 of 3 Quality Control Section

63 B. Obtain copies of standards when required by Contract Documents. C. Should specified reference standards conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.5 FIELD SAMPLES A. Install field samples at the site as required by individual specifications Sections for review. B. Acceptable samples represent a quality level for the Work. C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by Architect/Engineer. 1.6 MOCK-UP A. Tests will be performed under provisions identified in this section. B. Assemble and erect specified items, with specified attachment and anchorage devices, flashings, seals, and finishes if mock-up is required by section. C. Where mock-up is specified in individual Sections to be removed, clear area after mock-up has been accepted by Architect/Engineer. D. Construct 4 w. section, full hgt., of the exterior wall finish to face of the plywood barrier surfaced plywood sheathing at left front corner of bldg. 1.7 INSPECTION AND TESTING LABORATORY SERVICES A. Contractor will appoint, employ, and pay for services of an independent firm to perform inspection and testing to be paid for by testing allowance. Submit itemized testing cost (major items) for approval. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Architect/Engineer. C. Reports will be submitted by the independent firm to the Owner, Architect/Engineer, and Contractor in duplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify Architect/Engineer and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. LNV (170079) 2 of 3 Quality Control Section

64 E. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the contractor or Architect/Engineer. Such additional testing cost will be paid for by Contractor and not covered within allowance. 1.8 MANUFACTURERS' FIELD SERVICES AND REPORTS A. Submit qualifications of observer to Architect/Engineer 30 days in advance of required observations. Observer subject to approval of Architect/Engineer. B. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary. C. Individuals to report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Submit report in duplicate within 15 days of observation to Architect/Engineer for review. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) PART 4 CODE 4.1 GENERAL A. The 2009 Edition of the International Building Code (IBC) is the code utilized for this project. This code requires certain performance standards relative to fire resistance, wind uplift, and other matters and recognizes test results from recognized and approved testing agencies such as Underwriters Laboratories. END OF SECTION LNV (170079) 3 of 3 Quality Control Section

65 SECTION TEMPOARY FACILITIES AND CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.2 RELATED SECTIONS A. Section Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Contractor may use existing electric power where available at no cost to the Contract. 1.4 TEMPORARY LIGHTING A. Maintain lighting and provide routine repairs. B. Permanent building lighting may be utilized during construction. 1.5 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1.6 TEMPORARY WATER SERVICE A. Contractor may use existing water service where available at no cost to the Contract. 1.7 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. 1.8 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas. Size and location of construction fencing per discretion of contractor and per contractor s LNV (170079) 1 of 3 Temporary Facilities and Controls Section

66 liability insurance and OSHA requirements. B. Protect non-owned vehicular traffic, stored materials, site and structures from damage. 1.9 EXTERIOR ENCLOSURES A. Provide temporary weather-tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks PROTECTION OF INSTALLED WORK 1.11 SECURITY A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. A. Provide security and facilities to protect Work, from unauthorized entry, vandalism, or theft ACCESS ROADS A. Provide and maintain access to fire hydrants, free of obstructions PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. LNV (170079) 2 of 3 Temporary Facilities and Controls Section

67 D. Remove project generated waste materials, debris, and rubbish from site weekly and dispose off-site in lawful manner FIELD OFFICES AND SHEDS A. Provide: 1. Office: Weather-tight, with lighting. 2. Locate offices and sheds a minimum distance of 30 feet from existing and new structures REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS PART 2 PRODUCTS (Not Used) A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 3 EXECUTION (Not Used) END OF SECTION LNV (170079) 3 of 3 Temporary Facilities and Controls Section

68 SECTION PRODUCT REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.2 RELATED SECTIONS A. Document - Supplementary General Conditions: Substituted Materials Products, Methods or Services B. Section Quality Control: Product quality monitoring. 1.3 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.4 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. LNV (170079) 1 of 3 Product Requirements Section

69 1.5 STORAGE AND PROTECTION A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures. B. For exterior storage of fabricated products, place on sloped supports, above ground. C. Provide off-site storage and protection when site does not permit on-site storage or protection. D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well-drained area. Provide mixing with foreign matter. F. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Submit a request for substitution for any manufacturer not named. 1.7 SUBSTITUTIONS A. Requests for Substitutions during the bidding process will be considered and approval of Substitution must be obtained prior to its inclusion in final pricing. Written substitution request(s) for equal or better will be submitted to Architect prior to five (5) calendar days before the time set for opening bids. Architect will then provide answers via an Addendum to all Bidders. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the requestor: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be LNV (170079) 2 of 3 Product Requirements Section

70 PART 2 PRODUCTS (Not Used) required for the Work to be complete with no additional cost to project. 4. Waives claims for additional costs or time extension which may subsequently become apparent. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit two copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. Bidder will be notified by means of formal Addenda if product is accepted. If product is not noted in Addenda, the product has not been accepted. PART 3 EXECUTION (Not Used) END OF SECTION LNV (170079) 3 of 3 Product Requirements Section

71 SECTION EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G. Spare parts and maintenance materials. 1.2 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for inspection. B. Provide submittals that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.3 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. LNV (170079) 1 of 4 Execution and Closeout Requirements Section

72 1.4 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. F. Submit documents. 1.6 OPERATION AND MAINTENANCE DATA A. Submit two sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three D side ring capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each Product or LNV (170079) 2 of 4 Execution and Closeout Requirements Section

73 system description identified type on 24 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Architect/Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. G. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties. H. Submit one copy of completed volumes in final form 15 days prior to final inspection. This copy will be returned after final inspection, with review comments. Revise content of documents as required prior to final submittal. I. Submit final volumes revised, within ten days after final inspection. 1.7 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in three D side ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.8 CERTIFICATES A. Provide Certificate of Occupancy if required by Government. B. If project is located within a windstorm region, Contractor shall provide Windstorm Inspection & Certification in accordance with the Texas Department of Insurance Windstorm Program as applicable to the project. LNV (170079) 3 of 4 Execution and Closeout Requirements Section

74 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION LNV (170079) 4 of 4 Execution and Closeout Requirements Section

75 SECTION CUTTING AND PATCHING PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes procedural requirements for cutting and patching. B. Related Sections include the following: 1. Divisions 02 through 49 Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. 1.3 DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. 1.4 QUALITY ASSURANCE PART 2 - PRODUCTS A. Structural Elements: Do not cut and patch structural elements in a manner that could change their load-carrying capacity or load-deflection ratio. B. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. C. Miscellaneous Elements: Do not cut and patch miscellaneous elements or related components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. D. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. LNV (170079) 1 of 3 Cutting and Patching Section

76 PART 3 - EXECUTION B. In-Place Materials: Use materials identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of in-place materials. 3.1 EXAMINATION A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. Compatibility: Before patching, verify compatibility with and suitability of substrates, including compatibility with in-place finishes or primers. 2. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas. 3.3 PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Division 31 LNV (170079) 2 of 3 Cutting and Patching Section

77 Sections where required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6. Proceed with patching after construction operations requiring cutting are complete. C. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. b. Restore damaged pipe covering to its original condition. 3. Floors and Walls: Where walls or partitions that are removed extend from one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, apply primer and intermediate paint coats over the patch and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. 5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. D. Cleaning: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. END OF SECTION LNV (170079) 3 of 3 Cutting and Patching Section

78 Housing and Community Development Department Community Development Block Grant CDBG Federal Requirements for CDBG Construction Contracts U.S. Department of Housing and Urban Development FY2016CDBG Boys and Girls Club of the Coastal Bend Teens Room Renovation 3902 Greenwood Dr. Corpus Christi, TX IDIS #7976-PS #851710F March 2017

79 ~ - --~ Housing and Community Development Department Community Development Block Grants (CDBG) IDIS #7976- PS #851710F SECTION I: Special Instructions This project is funded with U.S. Department of Housing and Urban Development (HUD} Community Development Block Grants (CDBG} Program, Prime Contractor and Subcontractors shall abide to HCD Requirements for CDBG funded projects and State and City of Corpus Christi, Housing and Community Development. Other requirements also may apply. NOTE: City of Corpus Christi Section entitled "Federal Requirements for CDBG Construction Contracts" shall be included in all BID Solicitations will form part of the Construction Contract Documents for this project and its compliance is enforced. The Bidder shall submit with his/her RFB: the City of Corpus Christi Disclosure of Interest Form signed by the Contractor. Before signing the Construction Contract the selected bider shall submit a Certification Regarding Lobbying and a Certification of Debannent and Suspension. Conflict of interest with the City, with the Certification Regarding Lobbying and/or Debarment will automatically disqualify the proposed Bidder Debarment and Suspension Certificate, E.O.s and 12689} Apply to the selected Bidder and his/her Subcontractors. A contract award (see 2 CFR ) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that Implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (3 CFR part 1989 Comp., p. 235), "Debarment and Suspensionn as set forth at 24 CFR part 24. The selected Contractor and the Subcontractors shall submit their Insurance Certificates and Workers Compensation to the City of Corpus Christi to be approved by Risk Management, and submit Performance and Payment Bonds as required by the City of Corpus Christi. (other requirements will apply.) No construction work can commence without the City approval of statutory Insurance, Workers Compensation and Bonds requirements for Contractor and each Subcontractor and a Work Order is issued by HCO.

80 I SPECIAL INSTRUCTIONS Housing And Community Development Department Community Development Block Grants CDBGRFB TABLE OF CONTENTS EXHIBITS City of Corpus Christi Disclosure of Interest - (To be Submitted with Bid) Certificate Regarding Lobbying - (To be Submitted with Bid) Davis Bacon Wage Rates- Dept. of Labor (To be Jocked in 10 days before Bid opening) Liability Insurance Requirements (Applies to General Contractor and Subcontractors) Il Contract Provisions FEDERAL REQUIREMENTS ID Insurance and Bonding - Texas Workers' Compensation /Statutory Performance and Payment Bonds (HUD Requirements.) IV Labor Statutes and Rules - Davis Bacon Section Davis-Bacon ACT Anti-Kickback Act Federal Labor Standard Provisions - HUD 4010 V Equal Employment Opportunity Section Equal Employment Opportunity (EEO) Section 3 - Economic Opportunities for Low Income Persons Affirmative Action Minority Business Enterprise/ Afirmative Action Plan VI Environmental Requirement Section Clean Air Act & Clean Water Act Lead - Based Paint (For rehabilitation work if applicable) VII Project Sign and Reporting Construction Sign and Site Postings Reporting Forms: Certified Weekly Payrolls, Instructions and Poster Section 3 Summary Report HUD Form Reporting Form Contracts and Subcontracts Activity Report Release of Liens Form

81 CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II - General Infonnation. COMPANYNAME: POX: STREET:. CITY:.ZIP: FIRM is: I. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "finn." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title:

82 Definitions for the Disclosure of Interest Form a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the fonn of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as nonprofit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a finn, including when such Interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special tenns of venture or partnership agreements." f. "Consultant." Any person or finn, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.

83 EXHIBIT2 U.S. Department of Labor (DOL) Davis Bacon Wage Rates Determination As assigned to this Project To be locked 10 days before RFB opening date. NOTE: Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). (Insert Wage Determination Residential and Commercial as required)

84 Page I of6 General Decision Number: TX /14/2017 TX342 Superseded General Decision Number: TX State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number 0 1 Publication Date 01/06/ /14/2017 * BOIL /01/2017 Rates BOILERMAKER.,...,...,... $ Fringes ELEC /28/2016 Rates ELECTRICIAN,.,.,.,.,.,.,.,...,.,.$ Fringes 7.91 ENGI /01/2014 Rates POWER EQUIPMENT OPERATOR (1) Tower Crane... $ (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above... $ (3) Hydraulic cranes 59 Tons and under... $ Fringes IRON0084-0ll 06/01/ /6/2017

85 Page 2 of6 Rates IRONWORKER, ORNAMENTAL... $ Fringes 6.35 SUTX /21/2014 Rates BRICKLAYER......,. $ CARPENTER,.,,., $ CEMENT MASON/CONCRETE FINISHER... $ INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)... $ IRONWORKER, REINFORCING... $ IRONWORKER, STRUCTURAL... $ LABORER: Common or General... $ 9.68 LABORER: Mason Tender - Brick... $ LABORER: Mason Tender - Cement/Concrete... $ LABORER: Pipelayer... $ LABORER: Roof Tearoff... $ OPERATOR: Backhoe/Excavator/Trackhoe... $ OPERATOR: Bobcat/Skid Steer/Skid Loader... $ OPERATOR: Bulldozer... $ OPERATOR: Drill... $ OPERATOR: Forklift... $ OPERATOR: Grader/Blade... $ OPERATOR: Loader... $ OPERATOR: Mechanic... $ OPERATOR: Paver (Asphalt, Aggregate, and Concrete)... $ OPERATOR: Roller... $ PAINTER {Brush, Roller, and Spray)...,... $ Fringes o PIPEFITTER...,.,...,... $ I 616/2017

86 Page 3of6 PLUMBER $ ROOFER $ SHEET METAL WORKER (HVAC Duct Installation Only) $ SHEET METAL WORKER, Excludes HVAC Duct Installation $ TILE FINISHER $ TILE SETTER $ TRUCK DRIVER : Dump Truck $ TRUCK DRIVER: Flatbed Truck..... $ TRUCK DRIVER : Semi-Trailer Truck $ TRUCK DRIVER: Wat er Truck $ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. =================================================~============== Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www. dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage 6/6/2017

87 Page 4 of6 determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current 6/6/2017

88 Page 5 of6 negotiated/csa rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. I be: Has there been an initial decision in the matter? This can an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC /6/2017

89 Page 6 of6 4.) All decisions by the Administrative Review Board are final. =======================================================~======== END OF GENERAL DECISION 6/6/2017

90 EXHIBIT3 Insurance Requirements No construction shall commence without the City of Corpus Christi Risk Management approval of the General Contractor and his/hers Subcontractors' Insurance

91 I. CONTRACTOR'S LIABILITY INSURANCE EXHIBIT3 INSURANCE REQUIREMENTS A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (I) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL $1,000,000 Per Occurrence LIABILITY including: $2,000,000 Aggregate I. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit I. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000

92 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within l 0 days of the accident. JI. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within I 0 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should

93 there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract Insurance Requirements Housing and Community Development. Hope House Agency - Renovations sw Risk Management

94 Housing and Community Development Department Community Development Block Grants SECTION II: Federal Requirements for CDBG Construction Contracts NOTE: THIS PROJECT IS COVERED BY DAVIS BACON ACT. Wage Decisions for this project are included in SECTION 1- EXHIBIT 2 Contractor and Subcontractors shall comply with the following Provisions. In addition to other provisions... APPENDIX II PART 200 -CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS The non-federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200: (A) -Contracts must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part must include the equal opportunity clause provided under 41 CFR (b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (0) Davis-Bacon Act, as amended (40 U.S.C ). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C , and ) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay

95 wages not less than once a week. The non-federal ent~y must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entfy must report all suspected or reported violations to the Federal awarding agency. Copeland "Anti-Kickback" Act (40 U.S.C. 3145), The contracts must also include a provision for compliance with the Copeland "Ant-Kickback" Act as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C ). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance ~h 40 U.S.C and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreemenf' under 37 CFR (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or perfonnance of experimental, developmental, or research work under that "funding agreement." the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofrt Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), as amended-contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

96 H) Debarment and Suspension (Executive Orders and 12689)--A contract award (see 2 CFR ) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]. Subpart K-Other Program Requirements Other Federal Requirements Title 24: PART 570-COMMUNITY DEVELOPMENT BLOCK GRANTS Drug-Free Workplace Requirements-The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. PART 35 Lead-Based Paint Poisoning Prevention in Certain Residential Structures- 24 CFR Part 35 - Subpart J- Rehabilitation -Lead based paint is not allowed on Federal funded projects. Contractor shall comply with LEAD SAFE HOUSING RULE (LSHR) HUD, ( Refer to Section 3 Economic Opportunities for Low and Very-Low Income Persons: Training, employment and contracting opportunities shall be made available, to the greatest extent feasible, to low and very-low income area residents and Section 3 cover businesses. All Section 3 covered contracts shall include this clause. Apply to $ construction contracts and to $100,000 subcontracts. Affirmative Action Regulations and Plan - An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10, or more on

97 the project. These must be displayed on the project bulletin board or posted on stte for employee view. Must include percentage of AAP goals. Women and Minority-Owned Businesses (W/MBE). Contractor will do the best efforts to afford small business (Section 3 (a) of the small business Act}, minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Access to Records & Record Retention. All contracts awarded by recipients shall include a provision to the effect that the recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions. All project documentation is required to be kept on records for three years after grantees make final payments and all other pending matters are closed. Accessibility Section 504 Compliance - CDBG regulations require adherence to the following regulations: Americans wtth Disabilities Act (ADA) removal of architectural and communication barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of disability.

98 Hope House Renovations IDIS #7979- PS #851712F COMMENCEMENT OF CONSTRUCTION REQUIREMENTS The City of Corpus Christi Community Development Department in addition to all other RFB requirements, will approve commencement of construction only after the Prime Contractor and Subcontractors have met the following City of Corpus Christi and Federal Requirements for commencement of construction. Commencement of Construction Requirements. No construction shall commence until the Prime Contractor (and his/her Subcontractors) have complied with the items listed below. The requirements are subject to changes, additions or modifications and are not limited to the following: The Prime Contractor has submitted a City of Corpus Christi "Disclosure of Interest Form". The Prime Contractor has submitted a City of Corpus Christi Certificate Regarding Lobbying ($100,000+ contracts} The Prime Contractor and Subcontractors are not debarred or suspended from GSA Debarment and Suspension System for Award Management (SAM} list. in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders "Debarment and Suspension." Construction Contract has been executed between City of Corpus Christi Hope House and Contractor, copy submitted to HCD. Prime Contractor has all required Bid, Performance and Payment Bonds approved by City and Hope House as per Construction Contract. The Prime Contractor has submitted Finalized List of Subcontractors for the job and their ID numbers. Prime Contractor has submitted the Finalized Construction Schedule 10 days before start construction for HCD and Hope House approval. The Prime Contractor and his/her Subcontractors have Workers' Compensation, and Commercial General Liability Insurance; Auto Liability Certificates submitted to the City, and reviewed and approved by the City of Corpus Christi, & Risk Management Department to allow Contractor and his/her Subs. to start construction on the project site. The Contractor and Hope House has obtained the City of Corpus Christi HCD Department Clearance to allow the Architect issue the Notice to Proceed with Construction to the Contractor when the Architect has not other Construction Contract issues to clear before start construction. Has the CDBG Proiect Sign installed in the job sites in a visible place with all required documents posted. CDBG Sign specific size, colors and wording as included in the Federal Requirements Section and posted documents} The Prime Contractor (and his/her Subcontractors} are cleared and have complied with all other Project Contract Requirements as indicated in the Construction Contract between Corpus Christi Hope House and the Contractor before commencing construction. No Contractor or subcontractor is allowed to start working on this project without the HCD Work Order authorization.

99 Housing and Community Development Department Community Development Block Grants (CDBG) Work Order/ Approval (Sample) Agency Name: Project Name: Project Address: RE: Housing and Community Development Work Order Approval Date: Risk Management has approved the Insurance Certificates for the agency and the prime contractor and his/her subcontractors as submitted to the City. Also the contractor and submitted list of subcontractors are not found suspended or debarred as per General Services Administration (GSA) Excluded Parties List System (EPLS )from suspension or debarment (31 U.S.C. 6101, Note, E.O , E.O , 48 CFR 9.404,) under System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180. The contractor has met applicable HCD listed requirements before commencement of construction, therefore your Project Architect may issue a Notice to Proceed with construction on the above project. Note that any new subcontractor(s) not approved in this Work Order are not allowed to start construction on the job site without prior notification from City Housing and Community Development of proper Insurance approval by Risk Management and SAM debar clearance. The Agency shall notify this office of any additions or changes to the approved subcontractors in this Work Order and provide their insurance and debar certifications to HCD for approval prior to authorize them to start construction in this project. No contractor or subcontractor is allowed to start working on this project without HCD Work Order authorization. Notification to this office prior to first day of commencement of construction is required. and notification of date of completion of construction shall be provided. lijjitf cf tdrertf, rycmtrtfct..ddministn:d<jr City of Corpus Christi, Community Development, PO Box 9277 Corpus Christi, Texas Tel: direct oliviaf@cctexas.com

100 SECTION III Insurance Requirements Will reguire approval from City of Corpus Christi Risk Management

101 HUD MINIMUM BONDING REQUIREMENTS Bid Bonding, Performance and Payment Bonds requirements. (Refer also to Bonding Requirements in the CBCIL RFP Instructions. For Contracts and Subcontracts exceeding $100,000, HUD may accept the bonding policy and requirements of the recipient, provided HUD has made a determination that the Federal Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: Title 2- Part 200 Subpart D (a) A RFP GUARANTEE from each Proposer equivalent to five percent of the proposal price. The "RFP guarantee" must consist of a firm commitment such as a bond, certified check, or other negotiable instrument accompanying a RFP as assurance that the Proposer shall, upon acceptance of the RFP, execute such contractual documents as may be required within the time specified. (B) A PERFORMANCE BOND on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A PAYMENT BOND on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Where bonds are required in the situations described herein, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States."

102 Texas Workers' Compensation Commission Rules Chapter 110. Required Notice of Coverage: General Provisions Rule Reporting Requirements for Building or Construction Projects for Governmental Entities. Article. Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-8 1, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ) - includes all persons or entities perfonning all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section (44) for all employees of the contractor providing services on the project, for the duration of the project. C. the Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: ( l) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within IO days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, infonning all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ( l) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section l I ( 44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) Obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

103 (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perfonn as required by paragraphs (I) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on tile for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site infonning all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes (See Figure 2):

104 SECTION IV Labor Statutes and Rules-Dept. of Labor Davis Bacon Section Davis-Bacon ACT Anti-Kickback Act Federal Labor Standard Provisions - HUD 4010

105 Davis-Bacon Act [Public -- No th Congress] [S.3303] AN ACT To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public building of the United States and the District of Columbia by contractors or subcontractors, and for other purposes," approved March 3, 1931, is amended to read as follows: ''That the advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon t he wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract worl< in the city, town, village, or other civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the worl< is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. "Sec.2. Every contract within the scope of this Act shall contain the further provision that in the event it is found by t he contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the worl< covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. "Sec. 3. (a) The Comptroller General of the United States Is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to this Act; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Govemment giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. "(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings It shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. "Sec. 4. This Act shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates.

106 "Sec. 5. This Act shall take effect thirty days after Its passage, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the "Sec. 6. In the event of a national emergency the President is authorized to suspend the provisions of this time of the passage of this Act. Act. "Sec. 7. The funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 (Public Resolution Numbered 11, 74th Congress), are hereby made available for the fiscal year ending June 30, 1936, to the Department of Labor for expenses of the administration of this Act." Approved, August 30, AMENDMENT-AN ACT To require the payment of prevailing rates of wages on Federal public works In Alaska and Hawaii. Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 1 of the Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes," approved March 3, 1931 (46 Stat. 1494), as amended, is further amended by striking out the words "States of the Union or the District of Columbia" and inserting Jn lieu thereof :"States of the Union, the Territory of Alaska, the Territory of Hawaii, or the District of Columbia"; and by striking out the words "or other civil subdivision of the State" and Inserting Jn lieu thereof "or other civil subdivision of the State, or the Territory of Alaska or the Territory of Hawaii". Under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevalllng wage applicable to him under this Act, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually Incurred with respect to him, the amount of contributions or costs of the types described In paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater." Sec. 2. Section 15(b) of the Federal Airport Act, as amended (60 Stat. 178, as amended; 49 U.S.C. 1114(b)) is hereby amended by inserting the words "in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 276a a-5)" after the words "Secretary of Labor Sec 2. The amendments made by this Act shall take effect on the thirtieth day after the date of enactment of this Act, but shall not affect any contract in existence on such effective date of made thereafter pursuant to invitations for bids outstanding on the date of enacbnent of this Act. Approved, June 15, [40 U.S. Code, sec. 276a-7] The fact that any contract authorized by any Act is entered Into without regard to section 5 of Title 41, or upon a costplus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such Act would otherwise be applicable to such contract. March 23, 1941, 12 noon, ch. 26, 55 Stat. 53; Aug. 21, 1941, ch. 395, 55 Stat AMENDMENT AN ACT To amend the prevailing wage section of the Davis-Bacon Act, as amended; and related sections of the Federal Airport Act, as amended; and the National Housing Act as amended Be It enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 1 of the Act of March 3, 1931, as amended (46 Stat. 1494, as amended; 40 U.S.C. 276a), is hereby amended by designating the language of the present section as subsectlon (a) and by adding at the end thereof the following new subsection (b); ~(b) As used In this Act the term 'wages', 'scale of wages', 'wage rates', 'minimum wages', and 'prevailing wages 'shall include: "(1) the basic hourly rate of pay; and "(2) the amount of - (A) the rate of contribution Irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and (8) the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated Jn writing to the laborers and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life Insurance, dlsabfllty and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local law to provide any of such benefits: provided that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determination of the Secretary of Labor, Insofar as this Act and other Acts Incorporating this Act by reference are concemed may be discharged by the making of payments In cash, by the making of contributions of a type referred to

107 In paragraph (2)(A), or by the assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to In paragraph (2)(8), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2). "In detennining the overtime pay to which the laborer or mechanic is entltled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation is computed) shall be deemed to be the rate computed,". Sec. 3. Section 212(a) of the National Housing Act, as amended (53 Stat. 208, as amended; 12 U.S.C (c}), IS hereby amended by inserting the words "In accordance with the Davis-Bacon Act, as amended ( 40 u.s.c. 276a a-5)," after the words "Secretary of labor," Sec 4. The amendments made by this Act shall take effect on the ninetieth day after the date of enactment of this Act, but shall not affect any contract In existence on such effective date or made thereafter pursuant to lnvltatlons for bids outstanding on such effective date and the rate of payments specified by section 1(b)(2) of the Act of March 3, 1931, as amended by this Act, shall, during a period of two hundred and seventy days after such effective date, become effective only Jn those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule or regulation provide.

108 Copeland "Anti-kickback" Act TITLE 18, U.S.C. Sec Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14of1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable,... "

109 Federal Labor Standards Provisions -HUD 4010 Applicability (1) The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor ( 2 ) Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (3) A. 1. {i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are pennitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(aXI)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) Wlder plans, funds, or programs, which cover the particular weekly period, are deemed to be consnuctively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1Xii) and the Davis Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. {ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: The work to be performed by the classification requested is not perfonned by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if!mown), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget Wlder OMB control number ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for detennination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (I) (ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification Wlder this contract from the first day on which work is perfonned in the classification. (Iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage detennination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

110 {Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate accowit assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the 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 violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (I) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b) (2) (B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(bx2xb) of the Davis Bacon Act, the contractor shall maintain records which show that the conunihnent to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers and ) (Ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number ), U.S. Government Printing Office, Washington, DC The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number ) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3xi) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,

111 as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (Iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to. interview employees during working hours on the Job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debannent action pursuant to 29 CFR Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual1y registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to jowneymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perfonned. In addition, any apprentice performing work on the job site in excess of the ratio pennitted under the registered program shall be paid not less than the applicable wage rate on the wage detennination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jowneyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. ln the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetennined rate for the work perfonned unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by fonnal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be

112 paid not less than the applicable wage rate on the wage determination for the work actually perfonned. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perfonned. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and jowneymen under 29 CFR Part 5 shall be in confonnity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part Compliance with Copeland Act requirements. The contractor shall comply with the requirements of29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs I through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract tennlnationj debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR s. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or finn who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(aXI) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C Additionally, U.S. Criminal Code, Section I 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions ofthis Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or pennit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and onehalf times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; llablllty for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (I) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such

113 contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph ( 1) of this paragraph, in the sum of $1 0 for each calendar day on which such individual was required or pennitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (I) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) ofthis paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (I) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph Care applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in sujtoundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as detennined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Partl926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor sha11 take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary

114 SECTIONV Equal Employment Opportunity (EEO) Section 3 Affirmative Action Equal Employment Opportunity (EEO) Affirmative Action Plan Section 3 Economic Opportunities for Low Income Persons Executive Order As Amended

115 Equal Employment Opportunity SOURCE: The provisions of Executive Order of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR Comp., p.339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I - Nondiscrimination in Government Employment [Part I superseded by EO of Aug. 8, 1969, 34 FR 12985, 3 CFR, Comp., p. 803) Part II - Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A - Duties of the Secretary of Labor SEC The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts 11 and Ill of this Order. [Sec. 201 amended by EO of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) Subpart B - Contractors' Agreements SEC Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: ( 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advancements 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. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

116 (5) The contractor will furnish all information and reports required by Executive Order No of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (l) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO of Oct 13, 1967, 32 FR 14303, 3 CFR, Comp., p. 684, EO of Oct. 5, 1978, 43 FR46501, 3 CFR, 1978 Comp., p. 230] SEC Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such fonn, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. ( c) Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such infonnation to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such infonnation. ( d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting infonnation, to the effect that the signer's

117 practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affinnatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. (Sec. 203 amended by EO of Oct. 13, 1967, 32 FR 14303, 3 CFR, Comp., p. 684; EO of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (I) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or ( 4) to the extent that they involve subcontracts below a specified tier. ( c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perfonn work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. ( d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shalj be covered by the provisions of this Order." [Sec. 204 amended by EO of Dec. 16, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p ] American with Disabilities Act (42 u.s.c ; 47 u.s.c. 155, and 225) Act (EPA) ADA provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodation. State and local government services, and telecommunications. (partial.) AFFIRMATIVE ACTION Guidelines for Federal Contractors Regarding Race, Color, Gender, Religion, and National Origin

118 BASIC PROVISIONS Since 1965, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has been committed to ensuring that Government contractors comply with the equal employment opportunity (EEO) and the affinnative action provisions of their contracts. OFCCP administers and enforces Executive Order 11246, as amended, which prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to insure that equal opportunity is provided in all aspects of their employment. AFFIRMATIVE ACTION REQUIREMENTS Each Government contractor with 50 or more employees and $50,000 or more in government contracts is required to develop a written affirmative action program (AAP) for each of its establishments. A written affinnative action program helps the contractor identify and analyze potential problems in the participation and utilization of women and minorities in the contractor's workforce. If there are problems, the contractor will specify in its AAP the specific procedures it will follow and the good faith efforts it will make to provide equal employment opportunity. Expanded efforts in outreach, recruitment, training and other areas are some of the affirmative steps contractors can take to help members of the protected groups compete for jobs on equal footing with other applicants and employees. ENFORCEMENT AND COMPLIANCE Compliance Reviews OFCCP conducts compliance reviews to investigate the employment practices of Government contractors. During a compliance review, a compliance officer examines the contractor's affirmative action program; checks personnel, payroll, and other employment records; interviews employees and company officials; and investigates virtually all aspects of employment in the company. The investigator also checks to see whether the contractor is making special efforts to achieve equal opportunity through affirmative action. If problems are discovered, OFCCP will recommend corrective action and suggest ways to achieve equal employment opportunity. Complaint Investigations Individuals may file complaints if they believe they have been discriminated against by federal contractors or subcontractors. Complaints also may be filed by organizations on behalf of the person or persons affected. Complaints must be filed within 180 days from the date of the alleged discrimination, although filing time can be extended for a good reason. If a complaint filed under Executive Order involves discrimination against only one person, OFCCP will normally refer it to the EEOC. Cases involving groups of people or indicating patterns of discrimination are generally investigated and resolved by OFCCP. Complaints may be filed directly with any of OFCCP's regional or district offices throughout the country, or with OFCCP in Washington, D.C.

119 Compliance Assistance To help contractors understand their contractual obligations for EEO and affumative action, OFCCP provides technical assistance. District office staff offers guidance to contractors on how to develop an affumative program through company seminars, training programs held in conjunction with industry liaison groups, and one-on-one consultations on affinnative action practices and procedures. Enforcing Contract Compliance When a compliance review discloses problems, OFCCP attempts to work with the contractor, often entering into a conciliation agreement. A conciliation agreement may include back pay, job offers, seniority credit, promotions or other fonns of relief for victims of discrimination. It may also involve new training programs, special recruitment efforts, or other affumative action measures. When conciliation efforts are unsuccessful, OFCCP refers the case to the Office of the Solicitor for enforcement through administrative enforcement proceedings. A contractor cited for violating EEO and affinnative action requirements may have a fonnal hearing before an administrative law judge. If conciliation is not reached before or after the hearing, sanctions may be imposed. For example, a contractor could lose its government contracts or subcontracts or be debarred, i.e., declared ineligible for any future govenunent contracts. Further Information For more infonnation about contact compliance, filing complaints, or compliance assistance, contact any of OFCCP's regional or district offices. All offices are listed in telephone directories under U.S. Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs.

120 SECTION V - Cont. Section 3 Economic Opportunities for Low Income Persons

121 Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CPR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b ) Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance.

122 b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of"upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority residentowned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident.owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualities as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or pennanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C freserved]

123 Title 24: Housing and Urban Development PART 135--ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW INCOME PERSONS Subpart B---Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Numerical goals for meeting the greatest extent feasible requirement. (a) General. (I) Recipients and covered contractors may demonstrate compliance with the "greatest extent feasible" requirement of section 3 by meeting the numerical goals set forth in this section for providing training, employment, and contracting opportunities to section 3 residents and section 3 business concerns. (2) The goals established in this section apply to the entire amount of section 3 covered assistance awarded to a recipient in any Federal Fiscal Year (FY), commencing with the first FY following the effective date of this rule. (3) For recipients that do not engage in training, or hiring, but award contracts to contractors that will engage in training, hiring, and subcontracting, recipients must ensure that, to the greatest extent feasible, contractors will provide training, employment, and contracting opportunities to section 3 residents and section 3 business concerns. (4) The numerical goals established in this section represent minimum numerical targets. (b) Training and employment. The numerical goals set forth in paragraph (b) of this section apply to new hires. The numerical goals reflect the aggregate hires. Efforts to employ section 3 residents, to the greatest extent feasible, should be made at all job levels. (I) Numerical goals for section 3 covered pubuc and Indian housing programs. Recipients of section 3 covered public and Indian housing assistance (as described in 135.5) and their contractors and subcontractors may demonstrate compliance with this part by committing to employ section 3 residents as: (i) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995; (ii) 20 percent of the aggregate number of new hires for the one period beginning in FY 1996; (iii) 30 percent of the aggregate number of new hires for one year period beginning in FY 1997 and continuing thereafter. (2) Numerical goals for other HUD programs covered by section 3. (i) Recipients of section 3 covered housing assistance provided under other HUD programs, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in 135.3(a)(3)) may demonstrate compliance with this part by committing to employ section 3 residents as I 0 percent of the aggregate number of new hires for each year over the duration of the section 3 project; (ii) Where a managing general partner or management agent is affiliated, in a given metropolitan area, with recipients of section 3 covered housing assistance, for an aggregate of 500 or more units in any fiscal year, the managing partner or management agent may demonstrate compliance with this part by committing to employ section 3 residents as: (A) 10 percent of the aggregate number ofnew hires for the one year period beginning in FY 1995; (B) 20 percent of the aggregate number of new hires for the one year period beginning in FY 1996; (C) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997, and continuing thereafter.

124 (3) Recipients of section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ section 3 residents as: (i) 10 percent of the aggregate number ofnew hires for the one year period beginning in FY 1995; (ii) 20 percent of the aggregate number of new hires for the one year period beginning in FY 1996; and (iii) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997 and continuing thereafter. (c) Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all section 3 covered projects and section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet the threshold specified in 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to award to section 3 business concerns: (1) At least 10 percent of the total dollar amount of all section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and (2) At least three (3) percent of the total dollar amount of all other section 3 covered contracts. (d) Safe harbor and compliance determinations. (1) In the absence of evidence to the contrary, a recipient that meets the minimum numerical goals set forth in this section will be considered to have complied with the section 3 preference requirements. (2) In evaluating compliance under subpart D of this part, a recipient that has not met the numerical goals set forth in this section has the burden of demonstrating why it was not feasible to meet the numerical goals set forth in this section. Such justification may include impediments encountered despite actions taken. A recipient or contractor also can indicate other economic opportunities, such as those listed in , which were provided in its efforts to comply with section 3 and the requirements of this part. Section 3 Summary Report HUD Fonn This Report shall be submitted by the Contractor and Subcontractors working on the Project. The Fonn is included in the Section VII of this CDBG Requirements Section- Reporting (Included in Section VII - Reporting)

125 SECTION VI Environmental Requirements Lead Base Paint and Asbestos Removal Requirements for Rehabilitation Projects If applicable. Clean Air Act & Clean Water Act Energy Policy and Conservation Lead Safe Housing Rule Summary of the Clean Air Act 42 u.s.c et seq. (1970)

126 The Clean Air Act {CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants. One of the goals of the Act was to set and achieve NAAQS in every state by 1975 In order to address the public health and welfare risks posed by certain widespread air pollutants. The setting of these pollutant standards was coupled with directing the states to develop state implementation plans (SIPs), applicable to appropriate industrial sources in the state, in order to achieve these standards. The Act was amended in 1977 and 1990 primarily to set new goals (dates) for achieving attainment of NAAQS since many areas of the country had failed to meet the deadlines Office of Regulatorv Policy and Management I Office of Policy. Economics. and Innovation I Laws. Regulations. Guidance. and Dockets Home Summary of the Clean Water Act 33 u.s.c. 12s1 et seq. c1972> The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in "Clean Water Act" became the Act's common name with amendments in Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. We have also set water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System CNPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. Summary of the Energy Policy Act (EPA)42 USC et seq. (2005) The Energy Policy Act (EPA) addresses energy production in the United States, including: (1) energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Tribal energy; (6) nuclear matters and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; (10) energy tax incentives; (11) hydropower and geothermal energy; and (12) climate change technology. For example, the Act provides loan guarantees for entities that develop or use Innovative technologies that avoid the by-production of greenhouse gases. Another provision of the Act increases the amount of biofuel that must be mixed with gasoline sold in the United States.See also: PDF of the Energy Policy Act. from U.S. Government Printing Office CGPQ) Q.E) HUD Lead Safe Housing Rule (24 CFR Part 35) (9/2116)

127 The requirements of Subpart J shall apply to all residential rehabilitation activities covered with CDBG funds. : Title 24: Housing and Urban Development PART 35-LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Subpart J-Rehabilitation Evaluation and hazard reduction requirements. (a) Paint testing. The grantee or participating jurisdiction shall either perfonn paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted surfaces are coated with lead-based paint. (b) Residential property receiving an average of up to and including $5,000 per unit in Federal rehabilitation assistance. Each grantee or participating jurisdiction shall: (1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section. If paint testing indicates that the painted surfaces are not coated with lead-based paint, safe work practices and clearance are not required. (2) Implement safe work practices during rehabilitation work in accordance with and repair any paint that is disturbed. (3) After completion of any rehabilitation disturbing painted surfaces, perform a clearance examination of the worksite(s) in accordance with Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in (d). (c) Residential property receiving an average of more than $5,000 and up to and including $25,000 per unit in Federal rehabilitation assistance. Each grantee or participating jurisdiction shall: (1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section. (2) Perform a risk assessment in the dwelling units receiving Federal assistance, in common areas servicing those units, and exterior painted surfaces, in accordance with (b), before rehabilitation begins. (3) Perform interim controls in accordance with of all lead-based paint hazards identified pursuant to paragraphs (c){l) and (c)(2) of this section. (4) Implement safe work practices during rehabilitation work in accordance with 35,1350 and repair any paint that is disturbed and is known or presumed to be lead-based paint. (d) Residential property receiving an average of more than $25,000 per unit in Federal rehabilitation assistance. Each grantee or participating jurisdiction shall: (1) Conduct paint testing or presume the presence of lead-based paint in accordance with paragraph (a) of this section.

128 (2) Perform a risk assessment in the dwelling units receiving Federal assistance and in associated common areas and exterior painted surfaces in accordance with (b) before rehabilitation begins. (3) Abate all lead-based paint hazards identified by the paint testing or risk assessment conducted pursuant to paragraphs (d)(l) and (d)(2) of this section, in accordance with , except that interim controls are acceptable on exterior surfaces that are not disturbed by rehabilitation and on paint-lead hazards that have an area smaller than the de minimis limits of (d). If abatement of a paint-lead hazard is required, it is necessary to abate only the surface area with hazardous conditions. (4) Implement safe work practices during rehabilitation work in accordance with and repair any paint that is disturbed and is known or presumed to be lead-based paint. Title 24: Subtitle A-Part 35 -Housing and Urban Development PART 35- LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Subpart J-Rehabilitation Sec Calculating rehabilitation Assistance costs, (a)applicability. This section applies to recipients of Federal rehabilitation assistance. (b) Rehabilitation assistance. (I) Lead-based paint requirements for rehabilitation fall into three categories that depend on the amount of rehabilitation assistance provided. The three categories are: (i) Assistance of up to and including $5,000 per unit; (ii) Assistance of more than $5,000 per unit up to and including $25,000 per unit; and (iii) Assistance of more than $25,000 per unit. (2) For purposes of implementing Secs and , the amount of rehabilitation assistance is the lesser of two amounts: the average Federal assistance per assisted dwelling unit and the average per unit hard costs of rehabilitation. Federal assistance includes all Federal funds assisting the project, regardless of the use of the funds. Federal funds being used for acquisition of the property are to be included as well as funds for construction, permits, fees, and other project costs. The hard costs of rehabilitation include all hard costs, regardless of source, except that the costs of lead-based paint hazard evaluation and hazard reduction activities are not to be included. Costs of site preparation, occupant protection, relocation, interim controls, abatement, clearance, and waste handling attributable to compliance with the requirements of this part are not to be included in the hard costs of rehabilitation. All other hard costs are to be included, regardless of whether the source of funds is Federal or non-federal, public or private Examples of determining applicable requirements.the following examples illustrate how to determine whether the requirements of (b), (c), or (d) apply to a dwelling unit receiving Federal rehabilitation assistance (dollar amounts are on a per unit basis):

129 (a) If the total amount of Federal assistance for a dwelling is $2,000, and the hard costs of rehabilitation are $10,000, the lead-based paint requirements would be those described in (b), because Federal rehabilitation assistance is up to and including $5,000. (b) Ifthe total amount of Federal assistance for a dwelling unit is $6,000, and the hard costs of rehabilitation are $2,000, the lead-based paint requirements would be those described in (b). Although the total amount of Federal dollars is more than $5,000, only the $2,000 of that total can be applied to rehabilitation. Therefore, the Federal rehabilitation assistance is $2,000 which is not more than $5,000. ( c) If the total amount of Federal assistance for a unit is $6,000, and the hard costs of rehabilitation are $6,000, the lead-based paint requirements are those described in ( c), because the amount of Federal rehabilitation assistance is more than $5,000 but not more than $25,000. (d) If eight dwelling units in a residential property receive Federal rehabilitation assistance [symbol c in (c)(2)] out of a total of IO dwelling units [dj, the total Federal assistance for the rehabilitation project is $300,000 [e], the total hard costs of rehabilitation for the dwelling units are $160,000 [a], and the total hard costs of rehabilitation for the common areas and exterior surfaces are $20,000 [b], then the lead-based paint requirements would be those described in (c), because the level of Federal rehabilitation assistance is $22,000, which is not greater than $25,000. This is calculated as follows: The total Federal assistance per assisted unit is $37,500 ( e/c = $300,000/8), the per unit hard costs of rehabilitation is $22,000 (ale + bid= $160,000/8 + $20,000/10), and the level of Federal rehabilitation assistance is the lesser of $3 7,500 and $22,000.

130 SECTION VII Project Sign and Reporting VII Project Sign and Reporting Construction Sign and Site Postings Reporting Forms Certified Weekly Reports Instructions & Poster Section 3 Summary Report HUD Form Reporting Form Contracts and Subcontracts Activity Report Affirmative Action Plan Release of Liens Form

131 CDBG PROJECT SIGN 8' Red Background White Letters CITY OF CORPUS CHRlSTI Community Development Block Grant (CDBG) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) White Background Black Letters FY 2015 CDBG FUNDS:$ Total Project Cost: $ Blue Background White Letters Locate si2n where it is most visible to the public. Fix sign is made from 4 feet x 8 feet sheet of%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground SIGN DIMENSIONS WILL VARY DEPENDING ON TYPE OF PROJECT< CBCIL MAY USE PORTABLE SIGNS TO BE DISPLAYED AT EACH HOME MODIFICATION. (Changes on size to be approved by BCD) Color and Information to be the same

132 REPORTING FORM Certified Weekly Reports, Instructions & Poster

133 U.S. DepartmentofLabor Wage and Hour Division NA.W! OF CONTRACTOR Q OR SU!!COHTRACTOR 0 PAYROl.Ll«l, PAYROLL (For Contractor's Optional Use; See Instructions at Persons atv not "1QUlmd to INpOf!d IO the oolleclion of dotmldiln l.o>lesl It displays a Cl.llllM#Y V8lld OMS control nutrbef. ~ I FOR WEEK ENOING PRO.k-cT ANO LOCATION PROJECT OR CONTRACT NO U.S. W...,, onj Huur Di ""1n Rev. Dec I OMB No.: Expires: (I) (2) NAME~ 11'«'.lMDU\L IOENllf)'lNG-R (e.g., LAST FOUR DIGITS OF SOCIAL SECUllTY lll.imlleri OF WJllKER :H (3) (4) DAY ANO DATE (5) (0) (7) (U) (8) ;; CEOUCTIONS IET ""' Gl«>SS l'l'ith- WAGES WORK li TOTAi. RATE AMOUllT HOlOING TOTAi. PAID Cl.ASSF1CAT10N HOURS WOIU<EO EACH DAY ~ "'' OF PAY EAANEO FlCA TAX OTHER OEDUCTIO.llS FORW EI< I/ C> I/ 0 v 0 0 v " I/ v I/ I/ l'\hilocomplodonotformy\tl~tl1qi<ional h II~ torc:ov «d '*""'""'9WU1c onfectorally monceoor ao<11111<1comtnc11onconlllldl 1o.-.-1o111e--con1aonu fn29c.f.r fl l.3, S.5(1). TheCoptlaod Ac! ('40U.S.C. f31'5)cornctorllftl-po<!om\lngwlll'<onfedonllyllf"""*'or111111t.dconnudlonconlnd lo"!um1h~o-"1twjl'l-toll1e-peldeadl~dumgll1e..-q- U,S.~nlol~(OOl.)~al '"""',,peldoelle11tl:>anltle..-~~--lorlllo-polfo< l.ar:d-al~~~-- -h-idu----tmployeelhlm_kmplly_4--imge- 29C.F.R. S.S( X3X l--'*""id-~a,_ol.. 0otn>b1DlheF-agency~...,,,~,,.----by """' "-cl~ -ngmthopoytol1noottectn"""'l'ime1ndlhalndl- --of..._..,., Pulrlc81t-- Woeolma:!lott1Wlll-W10-olS5t>IUUMID~tlisco- n:mllng_tor,._lna1nld..,.. --.O"' ""'!J- -.QOO*"'"Jn~111e--..m~-""''""'ll"'_"'_ttl""tit'"' ll'rf ~II rogatding., H C<lt/Y/ ""*dng..._-iof rocljculg '"' l>udon. Wldlhomto Ille.AO"*"'- Wf91'-Hour ~!JS 0... onl olla00<.roam$ CcnduliooA'"""' N.W. Wd>fnvion. DC 20210

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135 Instructions For Completing Payroll Form, WH-347 OMB Control No , Expires 02/28/2018. General: Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted In connection with contracts subject to the Davis-Bacon and related Acts. While completion of Form WH-347 Is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the Information collection contained in 29 C.F.R. 3.3, 5.5(a). The Copeland Act (40 u.s.c. 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. 5.S(a)(3){11) require contractors to submit weel<jy a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of COmpliancen lndicatlng that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the Information to determine that employees have received legally required wages and fringe benefits. Under the Davis-Bacon and related Acts, the contractor Is required to pay not less than prevailfng wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits. This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she Is paying for fringe benefits required by the contract and not paid as cash In lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fiii in your firm's name and check appropriate box. Address: Fill in your firm's address. Payroll No.: Beginning with the number "1", llst the payroll number for the submission. For Week Ending: List the workweek ending date. Project and Location: Self-explanatory. Project or Contract No.: Self-explanatory. Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted. Column 2 - No. of W'lthholding Exemptions: This column Is merely Inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List dasslfication descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked In more than one classification provided an accurate breakdown or hours worked in each dassification Is maintained and shown on the submitted payroll by use of separate entries. Column 4 - Hours worked: List the day and date and straight time and overtime hours worked In the appllcable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime". Column 5 -Total: Self-explanatory

136 Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid In lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance In correctly computing overtime. See "Fringe Benefits" below. When overtime Is worked, show the overtime hourly rate paid plus any cash In lieu of fringe benefits paid In the "overtime" box for each worker; otherwise, you may skip this box. see "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is requlred for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the dassification which an indtvldual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $ on a Federally assisted construction project during a week in which $ was earned on all work. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are Involved, use the first four columns and show the balance deductions under "Other" column; show actual total under 'Total Deductions" column; and in the attachment to the payroll describe the deductlon(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an indlvidual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and Indicate that deductions are based on his gross wages. Column 9 - Net Wages Paid for Week: serf-explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) Is subject to the penalties provided by 18 U.S.C. 1001, namely, a fine, possible Imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Items land 2: Space has been provided between Items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning fill Ing out paragraph 4 of the statement. Item 4 FRINGE BENEFITS - contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined In the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions In section 4{c). Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and Insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each dasslficatlon In the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid In lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits In cash directly to the workers. Note any exceptions in section 4(c).

137 Use of Section 4(c), Exceptions Any contractor who ls making payment to approved plans, funds, or programs in amounts less than the wage determination requires Is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash In lieu of fringe benefits as shown In section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, Including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C Note: In order to view, fill out, and print PDF forms, you need Adobe Acrobat Reader version 5 or later, which you may download for free at To save the completed forms on your workstation, you need to use the "Save As" method to save the file. For example, move your mouse curser over the PDF link and click on your "RIGHT' mouse button. This will cause a menu to be displayed, from which you will select the proper save option -- depending upon which browser you are using: For Microsoft IE users, select "Save Target As" For Netscape Navigator users, select "Save Link As" Once you've selected the proper save option for your browser, and have saved the file to a location you specified, go to your program menu and start the Adobe Acrobat Reader. Once open, locate the PDF file you saved and open it directly in Acrobat.

138 EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DMSION PREVAILING WAGES OVERTIME ENFORCEMENT APPRENTICES PROPER PAY You must be paid not less than the wage rate listed In the Davis-Bacon Wage Decision posted with this Notice for the work you perfonn. You must be paid not 1988 than one and one-half times your basic rate of pay for all hours wol1<ed over 40 In a work week. There are few exceptions. Contract payments can be withheld to ensure workers receive wages and overtime pay due, and llquldated damages may apply If overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three yeani. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, flnes and/or Imprisonment. Apprentice rates apply only to apprentices property registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, or require further Information on the applicable wages, contact the Contracting Offtcer listed below: HOUSING & U.S DEPARTMENT HOUSING DEVELOPMENT (HUD) LABOR RELATIONS SPECIALIST 615 E. HOl'STON ST SAN ANTONIO, TEXAS PHONE: For additional Information: 1-.+USWAGE ( ) TIY:

139 REPORTING FORM Section 3 Report- HUD 60002

140 Section 3 SUmmary Report Eoonomlc Opportunities for Low- anc1 Very low-income Penion ""'" an T111 In "»"- U.S. Department of Housing end Uiban Developmenl Oftlce offalrhotlllng OMB Aflproval No: 2$ (up.11l30j2010) I Rlililliidbl& And Equal OppOl'lunlty,,_ -~. *. (llo*_<zlllo, lot_,, ) 1.p,q, Include New Hires In.,.==-=,_,.,. Oii _.. 'lolllt_&lll ' _,_,_ lota-13..,.. ~-, - -T..,,,_ """""""' ~ 11/Trade (llal),.,.., ""' T -Olher" ' " - T '",. _...,. 2 --u -- nee CandFn...:.. _';..., -~- =- 3 ~HllUftoo ~... HO&l!S-~ T CDllGr- 1'19'10l2

141 Part I: Contracts Awarded A. TOIBl clolsramount of al conlnlcll &Rlded on hi ~ B. Totll do1111rlllllllullld cxulftd8 awanllld to Secllm1 3 llwlnami D. Tollll numbarot Sadlon 3 bu*-iec:elvlng orracl8 2. NOrt-Conlllucllon Conlracta: A. Total dlla anourt II JICllKCIC1Nucll conlraclt-nllld m tie pajecllealmfy Part II: Summary lndicale lhe etrorla made to direct 111e emplo)'ment and other economic opporttmllles generaled by HUD llnandal 8BSlltance far houelng and community dmklpment pragtaml, to!he greele8t extent fta8lbla, kman:i law-md very ICl'Wftome paraons. partlculatlylhoae who se tecipler1ls of gavemment ml"8nce for housing. (Check all that apply.) Atlenllled lo recrul kjw.lncome residents thmugh: lacal advertising media. llgr'8 promnenuy dlaplayed at Iha project de, contracls the CCJmmunlly 01111nlzaf1C111S and public or privala agencies operalklg wfthln the metropalllan area (or normatropolllan county) In Ylhlch Iha Sectioll 3 cowred pn:l\j8m or projed Is located, or Unller rnelhods. ParOclpated In a HUD program or oiler prognm which promojes the training or employment of Section 3 residents. Parliclpaled in a HUD program or other JIRllll'8l?I which promole8 the awaro of contractb to btjlinela c:oncema WhlCh meet tie deflnldon of Secllan 3 buslne CCJncema. Coordinated~ Youatltdld Programs admlnl8tea!d In the rnetropallan araa Jn whlch the Seclkln 3 covered project is located. _ Olher; dasaibe below. Public reporting for this cotiecllon oflnformalfon Is eslintated lo 8V8f808 2 how per response, lncludlng!he Ume for reviewing lnatrucuons, searching 8X1811ng data sources, gadl9ffng and mallllalning the dala needed, and coa.,lellng and t8vlewlng lhe collection of infon'nallon. This agency may not collect lhls Wormation, and you n not iequired to complele lhls rorm. unless l deplayt a ct1rrentlyvad'd OMB """"' Seclon 3 oflhe Housing Mid Urban Davalopment Act of 11168, as amended, 12 U.S.C. 1701u, mandalas the Department enaures that employment and other ecanonicopportllnlles gennlad by Ifs houllng and community development aaalbtance programs sie di'ected toward low- and vel)'-tlwlncome persons. parllculady lloae who n reclplenll ofgovemmentaaa!dnce houafng. The raguldn me found at24 CFR Part 135. The l11i"'oi1naliol1 tmll be used by the Deparfl11e11t1Dmonllorpn:igram raclplenla' compuancewlh Sectlon3, to l88ess lhe reaub of the Depaflrnerts ellik1s to meet the "8lldoly objectives of Section 3. to ptepue reporls to conaren. and by ieclpfenta as 88lf.rnonllorin tool. The data Is enlered lnlo a database wm be analyzed and dsbbrted. The m11ec11on oflnb 1mrmmn "'"'~ ilvolves reciplanl8 receiving Fedaral lfnaoolal usfslance for housing and conmunlty developmelt i:rognma covered by Section 3. The lnfarmallon v.9 be colectad anrwelly to asslat HUD In meellng ill reporting ~ urw Sacliofl 808(e)(6) of the Fair Houlfl'Q Act and Section 918 Of the HCDA of An murance ofconlldanllallty Is not applleable IO this tm. 11le Ptlvacy Act of 1974 and OMB Circular A-108 are not appllcabl1t. The reporting l8qlirements do not conlaln sensitive quesllcns. Data is cunuau\re; personal klenttrying JnformallOn ii not Included. 1'8gt2af2

142 REPORTING FORM Report HUD FORM 2516 Contract and Subcontract Activity Report To be submitted by Contractor and Subcontractors

143 Contract and Subcoatract Activity OMB Approyal No.: 2S (exp. lll30l2009) l'llbilc RqiortiDg burden for lhis collection of infomtalion is estimated lo Ya.SO hours per n=spollsc, including the lime for mlcwiaa insbuctions. 5elfdring Wsting dala 50IJnlCS, gathering and mllillllining die d'1a needed, and completing and nmewin& the QO!lection of in om181ion. This lnfonnation is voiunlll'y. HUD mil)' not coiled!his informllioa, and you~ DOt rcqoired to completl!!his fonn, unless it displayll 1 Qlll'Clldy valid OMB Control Number. ExecuhVI Order dmed July 14, 1983, ditl:cls lhe Minority Buskiess Oevelopmmc PlaAS llulll be developed by each Fcdcnil Agency and dw: lbcse plarui shall esublisb minority business development objcctiws. The inronnalion is tjscd by HUD to lllolliloi' and evalaalc MBE lll;livitlcs apirst lhe totll proa1lm lldivity Ind lhe daigruiled mdlrily business calc!prise (MBE) gocils. The Department Rqllill:5 lhe infundalion to provide guidance and ovasight ror piograms for the devdopmcnt ofl!litlorily business eiiccrprise conecmlng Minority Businm Dc'/Cfopment. If lhe infonnatlon is not GO!lected HUD would not be able 10 establish meanh!gful MBE (IOllt not evalllllle MBE pa1ormancc api11st thes.i goals. While no 11SS11ra11CCS of confidentiajily is pledaed to JeSj)Olldenls. HUD pnerally disclosed Olis dala only in raponse to 1 FRedolll oflaformlltiott ~ Prhracy Ad Notlcr - Thi= Unilell Stacs Oeplrtment of Housing Ind Urban Devolopment. Federll Hoasma Ad111inislndioo, is..rhorq.ed lo 90lidl the infoonalion ~ In lhis Coma by virtue oftide 12, UnUcd Stateii Code, Seclioa 1701 et seq., and RgUlationil promulpled ~ Wide!' II Tille 12, Code of Federal regulation:!. It will not be disclosed or rclcascd outsidb the United S1aRS J)eplnment offfollling and Urbaa Devdopmc:nl withoul your wnscnt, Cllccpl 111 ~or penniltm by law. I. OranledProject OwncdDeveloperlSponsodBuilder/Agepey 21-ai(C"n1.a..,ZIPCO!lo) ctwtlif.ib l:iol...,...ia.c.p.sctristi. TX1'111l Cily ofcofpul Christi PHA o IHA o Ja N11111eofCoatactf'ers<lll Jb. Phont Number (incl..i9.g Area Code) J'ioanm Code (Not ll!lplic.ble l'orcpd progimm.) 6. n.le Submiaed IO Field Office Reponlng Period JO Arullllll-F (\ lludc--.. -~a( Pf'IPSIY,..wloilioo,...,..._,,,.. - ~ See explanalion of codes al bollom ofp1p 0.0et.1-Sept. Use a separate sheet for each program code.. NIA 0 -~...,. - - b ConlraclofJSubconl Nainc and Address b -~..."" - ' 1j., ' '... ' ~-- ~ ~ ' ' ~ ' ' Ci<y Zip Code " CPD: J: Now COllSlruction 2-Edac:alion/Tl'llining J=Othcr 7c: Type oftradc Codes 1- New Construction 2= SubsUldilll Rehab. 3 Repllir '""""" s-project Mgmt Tenant Sesvlces 8a Educali!llUTnlining 9"' Aldl./Eng. Appni5al O="""' 7d : ltadaljedlak: Coda; 1- White Amerieaas :k Amcnclnl 3- Native AmeriunS 4- Hispank; Americaall ~- AsiaAlhedk Americmls 6- ffasj,;jjc.lewll S. Pn11n11 Codes (Complclc Ji:Jf Hous1ne and Public and Indian Housing progrml'l8 only}; HoullaglP bllc Hom""&: 1~ All insuml, including Scclion 8 2- Fletible Subsidy 3 Section 8 No:ninMd. Noo-HFDA 4= Ills-I (Manlgcment) S Section 20'l 6'c HlJD..Hdd ~ '" "llp:ll- ~mo.,_ Publkllndian Housing

144 llllallpllllll IDba-...-.llJvnn-.... ~ lllilllets, 99'flClea, andorproftd -1or... c:adrm:i and IUbcorWd d\1lla of OI' - IAll!rlhll lollo'*lg ~ Coanullly "'*""""" llkxl 8lanls (111111& nienl RI... dtla): U1blll o..dapfmat Adkin Omrlls: " "*'9 ~ o..ni.; Mulllllmtt Wind llld NDrirlllncl: Pubic llld lrdan Hlll.,ng Aodlloltllel; 1111: *11 ~ lnld by,... o/ CDBO "'1lbllllllon..._. ~ollealhens1o,ooo...eo;ibefflpoflldol!ttlludl'**...,._. uplclripoilano/,,.,..1o1111conlrac6lg...,., JncUdaonty'** ----during... t8polling padod. Thlslalln 1111-modlleclloeaplUnl Saclloll 3---In~ 7g ft7l Sedbl 3 NCll*a lhl Qllllovmenl n oa.-mc ~ gllllllll9d byhudlnwkd~lor" "*'llandclllll'llfdtdl""*""""'~... lolhe (J18111steideal lllld:llo, bl dir8cllld ~ low ,,,.y~pl Jllrlk:olarltli-whaare,...or~_..,_.lorhoualng. ~ U-. '* IDnn ID llpllll 89dlclll 3 COf1ll8CI dll1i most lllo - P91l I ol lonlrl HUD ID nljl(lll~ hinlngoppollllllllndlll. Fonll HIJ0.2516"' lobe CoaruillJ... ""'-"' 1. Gnnloe: en1er... -o1... o1~...ungtis~ 3. Colllael:Penoll: Enter-llldplloneofpe!Mn,...lor~ alld ~ Clllllladr. t Cl'litlw.l dllll 7a. GNnt,..., EtllerlleHUDCcmnldty DeYllapllwllBlockGnlnl lilllllllca lldn ~ (wllli dabll).. For.,...,.., &32.fllC F«ENlll.. Prvpw wl Strid CilJ ~ aoqn11- PIDlf8ITll. onlgr U. llllosl... grant nmnblf ~ d Cui lllwlllci llreoi: EnllltU.. dcillll _.,. rouncltd lo dallll. I llllbcof*-l:lof 0 Qllllber II prowldld In 7f, Ille dollal" 11gure wwkl INo lor lhl UM:olrkad only hi llol lor poin(i ~ 7c. r.,. d Tf9Clr. EllW lhl... ball"'**-... i;onhclol'!ll llub<\hlllclol'a... lfulconlrac:iol'll,,...,llptollillldln 7f.. lh&~olndt codllwooldbelo lhll~onlyendllolloflleprheoollll8cioi'. Tb&"lllhll' wlllqo!y lncblm ~. prollllblal..._ and.. ollltr..., ellc8pi - lilrvclolllllll~... 1d. ---~Codr. Eni 'i:c:odll'INchinlblM Ille ~...-clwlcler ol... -Cl).00 contjqllef(i) of 51'.llo of h IMllMD. Wbon51%or,,.,.. b llol owned hi COliloflldby ~ lflvi lllcwlelhnlcf -...,..Cllllltl<N1,... lhe...,.""*"'--~ Ulhe...,..._ ID numbll 11 prv4;led, Die c:odl woold applr lo Ille IUbconhdof - not lo lhe prime 7c. W-Chald_.._, &1111" Y11orNo. 7t CHltMtOl'...(ID)lllnllll': E<llerlhe~(IAS)Nunlblrollhe Prione ConlridGI' a lhl... ldlrllillw lor ptn f8cipillot o/ HUD flnla. Molll ~(IRS)... nutbll'ftlwldldlarlllldl~...md. 1g. klkon3~ Eat Y ornci ~-ldelod' If o(id)tlllndllr: Enlerlhe~(IRS)Nlldllr llflhe 1Ubcon11ac11r Ille D!Ue ldlollillel"lof ll9dl llltlcollnd ~ lfgm HUD lundl Whell 1111 ~ ll Nlnmer " pnwlded, Ille lllpeclioe Plllne COllb1ICIOr ID Mwnbef~ el$o be p!!iwlded. 7f. leolfonj~ EAltr Y No. n. c.r.+ t ' to'1!n1ct!!! Nam!! n M1bet; ErM IP ktm!wl!pf! 1ot N coraplmed!ofpubk...itdatllllluangq-~~pl'iqlllllls.!'om tumood2 i. to INo campl9bld 11J al alher HUD P"l!llllllll ~ llt'***8d anntllltf developnl1i prvg ~under Sdoll a A s.digrl 3 carncb:ff;~ls a buslr.- cancem NI pnlllidll ~ _..,_ID - P \OllY larlf.inoama - o/ Illa -..pollan..,. {Of ~ c:ountvj, inl;:lo.dog a """"'- concem J11111*11. m - -..ibykrlf-m""y"""'-~--- ~IU!lbofo/.,._,.. ~..._ NlldDllla; or pnmdls subadnlnlcdng,.. bulkma... ~ ID ~ GWnllCI bl' ia,,. or very bhlcdme Nlldent:I. I.ow- and very ~ llllldanls lncblio ~ In Yaullblild 1J10111mM eslllllllhed... Sd:lllleDolna.IVoflle~Nlllomll\flOfd!llll&HousinOkl. n.... ~... lllld"very~l*igm"..._... _...,.,.the..., In... 3(b)(2)oflhl IJnbd Stat. HauslrigActol 111$7. ~ lamlles l"iudnll eirlgkl pnone)--'-do --- llol lllll;ged 90 per '*"""' of Ille onedlill lnc:ome IOI' the... dllaftlllnad by lhll s.crvi.y,... lormldlt and"""""...,, elqipi ltlal the SecrellrJ hftll:tmlt ~ ICllriY...,_..._ anlllldl rwpor1 lor.ahlll'llo. 1. Giw~O.-. EIWlhe_,.ollhounllolgoroermoP.~or 1'1C111gai1Qfenlly~--IWllQll. 3. Clllad:...,_: lllnle u llem 3 unddr CPD Pn;ograra. 4. Alparllng IWlad: ""*""' Olll pedda. S. ~Coder: Enlllf Ille~ Pl'DOJ'lll codl. h. Gl ""'ofocln!...i-. Eratlho HIJDl'foltd Nlnblr Houlintr Dowlcip. lloenl Gr.Int OI'... MIOlgned ~dcomwllllsllll1~.,iicl Sar.l llllnl7b... CPDP,,._, lo. TpdTNCll: 8ullloulllm7c.uncllfCPDPlogla-. 1d...._ ~ Codr. Semo a lllm 7d. undlr CPD Pfo.... 7a. W-OWMll..._, e-y orno. n. ~...,.Ol~on(ID)Nlulblr. SU '...-CPDl'fogrw. -.,.. Stclloa 3 Cronlr8olar: Enllr v... No Sllloccwlll- ldulllllolllun C101 ~ 8arM a11111m 7h. under CPD D. $ec11on I Cllnlnoclot: Elller Y or NIL ~ <C w ,..._,,..._. &woe j.UlldlrCPD ~..a.bllsll--~ngllef«blleflhln60pereei1ur1olll$lft0dlalltorlhl - on Ill balll of Ill s.cr.tary' llfldlngll lhll u:ll Yallallonl am..._,. '**"' of ~... o/ CCIMINCllon ~ Gr lwlltloly... OI' -- lmnillll. Veq low~.,.,_ - ~... ~... perol'll) '"'-lncoom dollol...a 50 percellln DI......,.. lor delannh!d bf lhe Seer"8rywlll... lor... and... larnllel,a:epllllllllll>semlmylllllf8*bishirll:arn9clllllllp...,...orloftrllllll 50 per o;:enlum o/ U. median lor the 8ftlil on lie bell& DI Sectelaly's lindlaga lhll ludl nrlalklni.."8c8llllly baclum ol ll'llllllldf high or low flrallj IAiorMs. SUbd lwa(2)~oltllil ~ lo)'(ll.wlocll HUDO.C.wtil 19:1l10ldei)ll111wr Ille - ol reportlnjj peib;i youdlocud In a. 4 on lhl ln:iflt. ~ltlm71lontyonmklrekll~onlldl... -Enllf lie prtne CClllractor'$ ID In klr al~ and~ lndllde q eonttacts llhculed during INs llpollng pejiod. PW.a/IHAI.. lo llpllll 111 -Pubic /toullngllll4hlon Houoln!I... PHA111HA1.. 1o flpollall ~- lnctudo""' eanlnlds ~ dllllrg WI~ period. 1. PnlflolO.-: Elllslhl11UMollheunlo/fl'Ml'Mllllll,llfMCY0111l011gigof er1llly llllnlli8lll lllll IWPGll Oledl boll II Cuilllct "-: S.lllO ilem 3 IDier CPD Pragrama Peiad: ""*..., _ pedda. &. Pfogl-. Codi: Enllr... approprilll Pfll9IWll CDda. 1.. Gliu!llA*"l lbnllw: Enlm 1111 HUD Prqed Nmobtrorltouslng ~ lllftgtsd.or -"'*...,._ 7b. "'-lllldcoo...-,.ru Sameulllmlb.undlrCl'DPJllllfUllS. - 7c. TpdT...: SUroll hm7c.undlrcpdpnlgllms. 7d. s.tr.. llacldethnb'gul Codi: SalN lllnl 7d.... CPD Pn>- n. woman Ollllld ~: Elillr VOi or NCI. 71', C:-ldenlllloda11(1D)N1-.: S M17lllllderCPDPqrw.. 1f. SIOllllol>3~ i:-. YnorNo. Th. 9u~ ca llllialgr '*' a111do1 (IDJ Nlanller: Same 11..., 7h. uroclllf CPD...,.,... 7l Sectlon3~ &w v.. otno. 1). ~ax wlfurmlllciamw: S... 1Bm7j...,.CPD ',,, '

145 REPORTING FORM Affirmative Action Plan

146 AFFIRMATIVE ACTION PLAN ~ in compliance with Executive Order No and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location/or the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters wui be displayed as required has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFF(RMATIVESUBCONTRACT!NG In accordance with Paragraph of Section 3, Attachment #I reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. ~-~----~~-~~~ will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project Compliance with Section 3 and Executive Order No will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS. MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a fonnal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RA TES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPQRTS --~-~~~---~~-~~ will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ~ ADDRESS:. PHONE NO.:.