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HomeMy WebLinkAboutResolution - 2020-R0257 - Contract 15364, Planks AC-HeatResolution No. 2020-RO257 Item No. 7.11 August 11, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 15364 for CEAP Heating and Cooling Units Services and Repair Contractor as per ITB 20-15364-KM, by and between the City of Lubbock and Planks A/C - Heat, of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 11, 2020 Lo"... - DANIEL M. POPE, MAYOR ATTEST: - jZtj'4'K . - Rebe a Garza, City Secreta APPROVED AS TO CONTENT: Bill Howerton, Deputy City Manager APPROVED AS TO FORM: i K Ili "Leisure., Assistant City Attorney ccdocsrRES.Contract 15364 CEAP Heating and Cooling Units Services and Repair Contractor July 23, 2020 Resolution No. 2020-RO257 Contract 15364 City of Lubbock, TX CEAP Heating and Cooling Units Services and Repair Contractor THIS CONTRACT made and entered into thisl lthday of August 2020, by and between the City of Lubbock ("City"), and Planks A/C - Heat , ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for CEAP Heating and Cooling Units Services and Repair Contractor and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said CEAP Heating and Cooling Units Services and Repair Contractor. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, CEAP Heating and Cooling Units Services and Repair Contractor and more specifically referred to as Items I through 97 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. Contractor shall at all times bean independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 7. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the 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 by companies approved by the State of Texas and acceptable to the laity, to the and TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY EJ AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos (EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Per Occurrence $1,000,000 Each Occurrence Aggregate ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK DI 00% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY $500,000 ® EMPLOYERS' LIABILITY $500,000 ER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Awo/General Liability on a primary and non-contributory bases. ® To inchide products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Ave K, Floor 9 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 14. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252,153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization' shall have the meaning given such term in Section 2252.151, Texas Government Code. 15. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. lb. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel " means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for prof t sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15364-KM, Specifications, and the Bid Form. -----INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY F LUBBOCK Daniel M. Pope, Mayor ATTEST: AID,&'C " bc e e ca Garza, City Secreta APPROVED AS TO CONTENT: 1AM g t� Bill Howerton, Deputy City Manager APR VED A5 O FORM: a Z 92&AA2 Ili Leisure, Assistant eity Attorney CONTRACTOR BY Authorized Representative {l"rLh S 4'. f"91�� -� Print Name -7 3C7 Address I C.,4�bcr"Af -,1-4 -'�FgL,;,°.� City, State, Zip Code City of Lubbock, TX ITB 20-15364-KM CEAP Heating and Cooling Units Services and Repair Contractor Specifications 1 INTENT 1.1 The City of Lubbock has issued this Invitation to Bid (ITB) because the City is seeking a contract for Comprehensive Energy Assistance Program (CEAP) Service and repair of existing heating & cooling units and installation of portable air conditioning units with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this bid; however, is an option reserved by the City, based on the needs of the City. Interested Contractors must complete the bid form and submit it along with the other required documentation. 1.2 The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 SCOPE OF WORK & GENERAL REQUIREMENTS 2.1 Bidders are asked to refer to the bid form for specifications and general requirements for the project. 2.2 The Contractor shall comply with the U.S. Department of Energy and U.S. Department of Health and Human Services and Texas Department of Housing and Community Affairs - Energy Weatherization Assistance Program (policies and procedures). Copies of these manuals are available upon request. 3 AWARD OF CONTRACT 3.1 The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 4 PROJECT START 4.1 The Contractor shall initiate the work upon issuance of the Notice to Proceed by the Director of Purchasing and Contract Management. 5 COMPLETION TIME 5.1 Completion time for each task assigned shall be determined mutually by the awarded Contractor and Coordinator of CEAP Services. 6 TERMINATIONS FOR DEFAULT 6.1 After a set completion time has been agreed upon and rendered into writing for each task and if Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City of Lubbock may terminate the contract, in whole or in part, upon written notice without penalty to the City. 6 GENERAL REQUIREMENTS 7.1 The Contractor acknowledges that he has received and carefully examined the attached General Specifications for ELIGIBLE C.E.A.P. - E.C.P. WORK ITEMS listed individually. 7.2 LEAD BASED PAINT: Use Safe Work Practices 7.3 The Contractor proposes to furnish all materials and accomplish all work described herein in 7.4 Please complete and return the work item list for the Eligible Comprehensive Energy Assistance Program (C.E.A.P.) Component: Energy Crisis Program (E.C.P.). a. All Lead Renovation, Repair, Remodeling Rules apply. b. Please Round to the Nearest Dollar. 7 BID FORM LINE ITEM SPECIFICATION Line Items 2-4 Evaporative Cooler: Replacement from Existing or New Install Remove the existing evaporative cooler unit and haul off to code legal dump. Replace the EVAPORATIVE window unit OR Roof top unit at specified location. Complete installation is to include installing WEATHER-PROOF materials on each side of the window opening not covered by the window unit. Include sealing the window sash with backer insulation or other materials used to seal that is not a permanent installation. DO NOT USE EXPANDO-FOAM. On the roof top units, install new flashing and seal the base perimeter with TAR ROOF COATING/SEALER. Include all the parts necessary for the essential operating requirements, such as; PADS, Water float, water line with water valve attachment, water pump, motor, water supply lines. SECURE THE WATER LINE IN PLACE AND ROUT WATER LINE TO PROTECT FROM PHYSICAL DAMAGE. Provide a cover for the front air diffuser to seal when not in use (WINTER TIME). Connect the unit to an approved outlet as per the MANUFACTURERS' RECOMMENDATIONS. Provide a stand (metal or pre-treated wood) if necessary. INSTALL PLUMB AND LEVEL. Provide chains secured to the window trim or wall for added stabilization, if necessary. Render the window unit in SAFE AND PROPER OPERATING CONDITION. WARRANTY LABOR AND MATERIALS FOR 1-YEAR and materials may have additional warranties. Supply all warranty information to homeowner. Line Items 6-8 Evaporative Cooler: Service and Repair Existing Units All units, Window and Roof Top Units, ALL SIZES: Service and repair is to include: Replacing the pads, float and the water pump. Oil the fan bearings. Empty out and clean the interior water pan. COAT THE INTERIOR WATER PAN WITH TAR SEALANT or OTHER SEALANT to help prevent further RUSTING. Check the water supply line and water valve. Valve connection at the exterior hose bib should be leak free. Secure the water line in place, re-route line to protect from physical damage. Render the water line and water pan - LEAK FREE. ROOF TOP UNITS: Include RE -SEALING all of the metal flashing at the duct -roof penetration, void of any open gaps and cracks. All the electrical should be placed in weather-proof materials. Render the window unit in SAFE AND PROPER OPERATING CONDITION. Line Items 9-12 Refrigerated Window A/C Unit: Replacement from Existing or New Install Remove the existing window unit and haul off to code legal dump. Replace the refrigerated window unit at specified location. Complete installation is to include installing WEATHER-PROOF materials on each side of the window opening not covered by the window unit. Include sealing the window sash with backer insulation or other materials used to seal that is not a permanent installation. DO NOT USE EXPANDO-FOAM. Provide a cover for the front air diffuser to seal when not in use (WINTERTIME). Connect the unit to an approved outlet as per the MANUFACTURERS' RECOMMENDATION. Replacement MUST BE "ENERGY STAR" rated (IF AVAILABLE). (10.8 - E.E.R. OR BETTER) Render the window unit in SAFE AND PROPER OPERATING CONDITION. WARRANTY LABOR AND MATERIALS FOR 1-YEAR and materials may have additional warranties. Supply all warranty information to homeowner. Line Items 13-15 Install Gas Wall Heater (Single Wall) New furnace is to be mounted in specified location. Furnace must have a fan assisted counter -flow blower system. VENT PIPE: If necessary, install all new vent pipe of proper material, size and placement as per code. Vent pipe must penetrate roof, as per code. Secure duct in place. Seal roof penetration. GAS LINE: Run new gas service line to the heating system. Pressure test lines and ensure leak free connections. Run HARD PIPE from the furnace gas valve until OUTSIDE the furnace cabinet, then connect the gas flex line and gas cut-off valve. Include complete installation with the proper ventilation and thermostat. Include installation of a trim kit to properly enclose vent pipe. Operate the FURNACE and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty and instruction (usage) information to homeowner. Line Item 16 Install Gas Wall Heater (Double Wall) New furnace is to be mounted spanning the common wall in the common area as specified. VENT PIPE: If necessary, install all new vent pipe of proper material, size and placement as per code. Vent pipe must penetrate roof, as per code. Secure duct in place. Seal roof penetration. GAS LINE: Run new gas service line to the heating system. Pressure test lines and ensure leak free connections. Run HARD PIPE from the furnace gas valve until OUTSIDE the furnace cabinet, then connect the gas flex line and gas cut-off valve. Include complete installation with the proper ventilation and thermostat. Include installation of a trim kit to properly enclose vent pipe. Operate the FURNACE and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty and instruction (usage) information to homeowner. Line Item 17 All Wall Heaters: Service and Clean (Tune -Up) Service by cleaning the burners and the thermocouple. Check ALL the vent flue pipe and ensure proper venting, all the way out over the roof. Ensure the vent terminates at least 12" over the roof. Operate the FURNACE and render the new unit, safe and properly operational. Line Items 23-25 Replacement: Central HVAC Horizontal Gas Furnace Furnace (80% A.F.U.E.) is to be mounted on the decking installed for the HVAC unit or properly hung, with rigid hanger assembly, from the roof rafters directly above the attic decking. Ensure proper slope for drainage. Below the unit, there must be an emergency drain pan with an auxiliary drain terminating in a conspicuous location and the main drain line also, terminating to the exterior. INSULATE THE CONDENSATE DRAIN LINE IN THE ATTIC. 80% Condensate lines are to be run to the exterior of house with pump (if applicable). Install service platform in front of the unit must be at least 30" x 30". If there is walking distance to the unit, the catwalk must be at least 24" wide leading to the unit. GAS LINE: Run gas service line to the heating system. Pressure test lines and ensure leak free connections. Run HARD PIPE from the furnace gas valve until OUTSIDE the furnace cabinet, then connect the gas flex line and gas cut-off valve. Ensure the gas line DOES NOT run thru the return air area, if it does, the line MUST be sleeved. Include complete installation with metal plenum of 18". Include 3 (THREE) new filters and instruct homeowner on the proper replacement process. Operate the central FURNACE and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty information to homeowner. Line Items 26-28 Replacement: Central HVAC Vertical Gas Furnace Furnace (80% A.F.U.E.) to be vertically installed on a raised return air stool with as large as allowable return air. (Approx. 1-sq.ft. of return per ton.) Install properly sized return grilles from hall or adjacent common area. Return air area needs to be sealed off (Interior walls enclosed with duct board or similar). Mastic ALL joints and seams at return air area. Furnace is to be mounted on an EASY ACCESS FILTER BASE. Condensate drain lines are to be ran to the Exterior - ENTIRE RUN INSULATED OR RUN DRAIN LINES TO AN INTERIOR DRAIN PRIOR TO A P-TRAP CONNECTION. ENSURE CONDENSATE LINE IS IN SOUND CONDITION AND LEAK FREE. ENSURE CONDENSATE LINE IS CLEARED - BLOW OUT WITH COMPRESSED AIR. Condensate lines are to be run to the exterior of house with pump (if applicable) or approved drain. Entire run of lines must be insulated through attic space. GAS LINE: Run gas service line to the heating system. Pressure test lines and ensure leak free connections. Run HARD PIPE from the furnace gas valve until OUTSIDE the furnace cabinet, then connect the gas flex line and gas cut-off valve. Ensure the gas line DOES NOT run thru the return air area, if it does, the line MUST be sleeved. Include complete installation with metal plenum of 18". Include 3 (THREE) new filters and instruct homeowner on the proper replacement process. Operate the central FURNACE and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty information to homeowner. Line Items 29-32 Replacement: Central HVAC A/C Condenser Purchase and install a NEW OUTDOOR CONDENSING UNIT of proper size for the home. Unit is to be placed on a pad that is at least 3" above the grade. Include charging up the central system with refrigerant to the manufacturers' recommended operating pressures. Operate the central A/C and check air supply temperatures and return air temperatures. Industry standards state temperatures to be between 15-20 degrees differences from supply to return air, with 20-degree difference being the best 1 OPTIMUM. Operate the central heated and cooled air and render the system safe and properly operational. Line Items 33-36 Replacement: Horizontal Heat Pump Air Handler Heat Pump Air Handler is to be mounted on the decking installed for the HVAC unit or properly hung, with rigid hanger assembly, from the roof rafters directly above the attic decking. Ensure proper slope for drainage. Below the unit, there must be an emergency drain pan with an auxiliary drain terminating in a conspicuous location and the main drain line also, terminating to the exterior. Connect unit to return air. (Approx. 1-sq.ft. of return per ton.) Install properly sized return grilles from hall or adjacent common area. Return air area needs to be sealed off (Interior walls enclosed with duct board or similar). Mastic ALL joints and seams at return air area. (INSULATE THE CONDENSATE DRAIN LINE IN THE ATTIC) Condensate lines are to be run to the exterior of house with pump (if applicable). ENTIRE RUN INSULATED OR RUN DRAIN LINES TO AN INTERIOR DRAIN PRIOR TO A P-TRAP CONNECTION. ENSURE CONDENSATE LINE IS IN SOUND CONDITION AND LEAK FREE. ENSURE CONDENSATE LINE IS CLEARED - BLOW OUT WITH COMPRESSED AIR. Install service platform in front of the unit must be at least 30" x 30". If there is walking distance to the unit, the catwalk must be at least 24" wide leading to the unit. All electrical splices must be housed inside a rated junction box per code. Properly size equipment for the size of the house. Include minimum 10 KW emergency strip heating. Properly seal new plenum connection. Include 3 (THREE) new filters and instruct homeowner on the proper replacement process. Operate the HVAC unit and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty information to homeowner. Line Items 3740 Replacement: Vertical Heat Pump Air Handler Air handler to be vertically installed on a raised return air stool. Connect unit with return air. (Approx. 1- sq.ft. of return per ton.) Install properly sized return grilles from hall or adjacent common area. Return air area needs to be sealed off (Interior walls enclosed with duct board or similar) Mastic ALL joints and seams at return air area. HVAC unit is to be mounted on an EASY ACCESS FILTER BASE. Condensate drain lines are to be ran to the Exterior - ENTIRE RUN INSULATED OR RUN DRAIN LINES TO AN INTERIOR DRAIN PRIOR TO A P-TRAP CONNECTION. ENSURE CONDENSATE LINE IS IN SOUND CONDITION AND LEAK FREE. ENSURE CONDENSATE LINE IS CLEARED - BLOW OUT WITH COMPRESSED AIR. Condensate lines are to be run to the exterior of house with pump (if applicable) or approved drain. Entire run of lines must be insulated. All electrical splices must be housed inside a rated junction box per code. Properly size equipment for the size of the house. Include minimum 10 KW emergency strip heating. Properly seal new plenum connection. Include 3 (THREE) new filters and instruct homeowner on the proper replacement process. Operate the HVAC unit and render the new unit, safe and properly operational. Warranty labor and materials for 1 year. (Materials may have additional warranties.) Supply all warranty information to homeowner. Line Items 41 Replacement: Heat Pump Condenser Purchase and install a NEW OUTDOOR CONDENSING UNIT of proper TYPE and SIZE for the home. Unit is to be placed on a pad that is at least 3" above the grade. Include charging up the central system with refrigerant to the manufacturers' recommended operating pressures. Operate the central A/C and check air supply temperatures and return air temperatures. Industry standards state temperatures to be between 15-20 degrees differences from supply to return air, with 20-degree difference being the best / OPTIMUM. Operate the central heated and cooled air and render the system safe and properly operational. Line Item 45 Furnace: Natural Gas or Propane Servicing Gas Service the heating unit by cleaning the heat exchanger/burner compartment and cabinet. Reconnect gas valve and flex line to system, Leak Free. Hard pipe the gas line from the furnace gas valve to outside of the furnace cabinet, then connect the flex gas line to the cut-off valve. Operate the furnace and render in proper and safe operation. Line Item 46 Furnace: Electric Servicing Electric — Clean all furnace cabinet. Check all electrical terminal connections and ensure all connections and ensure all connections are made proper and tight. Any wire -splices are to be placed inside junction boxes. Operate the furnace and render in proper and safe operation. Line Item 47 Central A/C Servicin Capture the a/c refrigerant and remove the indoor a/c coil over the furnace. Clean the coil with a cleaning agent recommended for this use. Re -install the indoor coil over the furnace. Seal all joints with MASTIC and/or Approved foil tape. Connect the refrigeration line set. Pressure up to the proper operating pressures as listed by the manufacturer. Check for leaks. Ensure "LEAK FREE" connections. ENSURE THAT THE REFRIGERATION LINE IS ALL INSULATED. Ensure that the electrical disconnect is properly wired in and weather protected. Check to ensure that the a/c is properly breaker protected. Ensure proper BREAKER PROTECTION at the electrical panel box, independently, sized recommended by the equipment listing. Operate the central a/c and check air supply temperatures and return air temperatures. Industry standards state acceptable air temperature to be between 15-20 degrees differences from supply to return air, with 20-degree difference being the best / OPTIMUM. Operate the HVAC unit and render the new unit, safe and properly operational. Line Item 48 Outdoor Condensing Unit (Tune-up) Cut / remove any vegetation away from unit. Ensure that the unit is at least 3" off from the ground f grade. Include installing a new condenser pad (if necessary). CLEAN the outdoor condenser COILS. Line Item 49 Vent Pipe Replacement Replace the vent pipe from the heating system location and terminate over the roof. Ensure that all joints are fastened in place. Include a NEW FLASHING (if necessary) Include a new rain collar and rain cap. Install flashing below shingles and seal ALL visible nail heads with silicone sealant. Line Item 50 Return Air Area Clean out the central system return air area. Install new return air grill. Seal off all the interior wall cavities. Seal all joints (walls, floors and platform) with mastic sealant. Ensure that the return is large enough for the system installed. Line Item 51 Duct Work: Supply and Plenum Seal ALL duct connections. Repair duct work (supply and/or return) by re -securing duct work in place. Re -connect to supply and/or return boot or plenum connections. Duct tape NOT ALLOWED for securing ducts. Any tap made into a plenum or trunkline is to be made "AIR TIGHT" and with a start collar. All flex duct connections are to be made with duct ties and approved HVAC TAPE AND MASTIC. Plenum connections made to the furnace shall be "AIR TIGHT" and taped. Ensure all connections to be "AIR- TIGHT" and properly sealed. On Mobile Home Type and/or Home with Attic (Bidder will supply drop). Line Item 97 Combustion Air for Furnace Closet Servicing Seal off the louvers on the interior side of the door by installing plywood, duct board, sheetrock, or other materials. This material should be mechanically fastened (Screwed in Place). Install tape I foil at the perimeter seams. Provide combustion air either a 1 or 2 pipe method. (2-pipe method): Install 1- pipe within 12" of the closet ceiling. On the attic side, the pipe must terminate at least 24". The second pip (2) must be within 12" of the closet floor. The attic side must also terminate at least 24" above the attic floor. Secure the combustion air pipes in place by Mechanically Fastening. Caulking alone is not an acceptable means of secure in place. Draw fresh air from the attic of the crawl space. Attic and/or Crawl Space should have adequate venting. Electrical: Properly breaker the A/C, Heat Pump with the proper size as required by the manufacturer. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability 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 Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) 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 permitted 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 I(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(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively 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)(1)(ii) 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: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction Industry; and (3) 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 known), 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. 20210. 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 under OMB control number 1215- 0140. ) (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 recommendatlon of HUD or its designee, to the Administrator for determination The Administrator. or an authorized representative, will issue a determination wilhkn 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 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed 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 slated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (062009) Previous editions are obsolete Pagel of 5 ref Handbook 13441 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 account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140 ) 2_ Withholding. HUD or its designee shatl 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 Dsvls•Becon 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 shell make such disbursements In the case of direct Davis -Bacon Act contracts 3. (1) 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 I(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)(1)(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 I(b)(2)(B) of the Davis - Bacon Act, the contractor shell maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated In writing to the laborers or mechanics affected. and records which show the costs 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 1215-0140 and 1215-0017.) 4111) (a) The contractor shell 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)(1) except that full social security numbers and home addresses shall not be Included on weekly transmittals Instead the payrolls shell only need to include an individually Identifying number for each employee (e 9 , the last four digits of the employee's social security number) The required weekly payroll Information may be submitted in any form desired Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at hiin.lhwww.61ol.00vloselwhdlYormsMh3471r?slr.Atm or its successor site The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors end subcontractors shale maintain the full social security number and current address of each covered worker, and shall provide them upon request 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 contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) 4b) 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: 41) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (e)(3)(tt) the appropriate information is being maintained under 29 CFR 5 5(a)(3)(1), and that such information is correct and com let. P Previous editions are obsolete form HUD-4010 (0612009) Page 2 of 5 rat Handbook 1344 1 (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, 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 slde of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by subparagraph A.3.(ti)(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. (lit) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspectlon, 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 falls to submit the required records or to make them available. HUD or its deslgnee 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 submlt the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) 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 individually registered in a bona f+de 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 Slate 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 Stale Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen 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 performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination 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 journeyman'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 In 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 then the applicable predetermined rate for the work performed until an acceptable program Is approved. (11) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at lass than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal 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 Previcus editions are obsolete form HUQd010 (=009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 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 performed. 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. fill) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 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 1 through 11 in 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 termination; 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 5.12. 8. 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. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither It (nor he or she) nor any person or firm 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(a)(1) 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)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (111) The penally for making false statements Is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 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 then $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 of this 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. S. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms 'laborers" and 'mechanieV 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 permit any such laborer or mechanic in any workweek in which the individual 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 one-half times the basic rate of pay for all hours worked in excess of 40 hours In such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed In violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted 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 (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 or 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or Its designee shell 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 some 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) of this 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 (1) through (4) of this paragraph C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100.000. fill No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined 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 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54 83 Wot 96) 40 USC 3701 eI Sea. (3) The contractor shall Include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shalt direct as a means of enforcing such provisions Previous editions are obsolete form HUD-4010 (06R009) Page 5 of 5 ref Handbook 1344 1 DAVIS-BACON WAGE DETERMINATIONS EXHIBIT A General Decision Number: TX20200227 01/03/2020 Superseded General Decision Number: TX20190227 State: Texas Construction Type: Residential Counties: Crosby and Lubbock Counties in Texas. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5. 1 (a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov.'whd/govcontracts. Modification Number Publication Date 0 01/03/2020 * ELEC0602-004 09/01;2019 Rates Fringes Electrician .................... $ 22.60 3%1.10.40 SUTX2009-180 061012009 Rates Fringes CARPENTER ........................ $ 11.76 0.00 LABORER: Common or General ...... $ 7.58 0.00 PAINTER: Brush and Roller ....... $ 9.13 0.00 PLUMBER ..........................$ 15.50 2.00 ROOFER ...........................$ 9.35 0.00 SHEET METAL WORKER ...............$ 10.88 0.00 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, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.goviwhd/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 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: PLUM0198-005 0710 V2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. 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: SULA2012-007 5/1312014. 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. 2012 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. 5f 13f2014 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-0010 08 r29/ 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. 08/2912014 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 negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * 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 20210 2.) 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 20210 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 requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. ELECTRONIC CODE OF FEDERAL REGULATIONS Title 29: Labor PART 5 LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Subpart A. -Davis-Bacon and Related Acts Provisions and Procedures §5.5 Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in §5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of t949 in the construction or development of the project), 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 permitted 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 1(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 paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively 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 §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 paragraph (a)(1)(ii) of this section) 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) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) 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 known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed 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 determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (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 account assets for the meeting of obligations under the plan or program. (2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) 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 (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) 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. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). 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)(1)(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(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs 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. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) 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 the (write in name of agency). 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), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347insir.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shal l provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (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 provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, 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 Regulations, 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, 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 paragraph (a)(3)(ii)(B) of this section. (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 paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) 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, the Federal agency 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 debarment action pursuant to 29 CFR 5.12. (4) 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 individually 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 journeymen 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 performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination 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 journeyman's hourly rate) specified in the contractor's or subcontractors 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. In 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 predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal 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 paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 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 performed. 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 journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order H 246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: 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 5.12. (8) 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) Disprtes 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm 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(a)(1). (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)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by §5.5(a) or §4.6 of part 4 of this title. 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 conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liabilityfor unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shal I be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shal I upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. City of 1.ri *Dee Bid MB 2015364-KM (4) Subcontracts. The contractor or subcoubactor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c)1n addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any ofthe other statutes cited in §5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of throe years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were annroved by the Office of Mmmo meet and l3ndaet- Paragraph OMB Control No. a)(lxii) B) 1235-0023 a)(ixiixc) 1235-0023 a (I iv) 1235-0023 aK3)(i) 1235-0023 a 3)(ii A) 1235-002 1235-0008 c 12354)023 lea rx M14% Apr. YV, 1953, as amended at 51 FR 12265, Apr. 9, 1996; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, ,dune 26,1992; 58 FR 58955, Nov. 5, 1993; 61 FR 4071C Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, ?ec. 19, 2008; 81 FR 43450, July 1, 2016; 82 FR 2225, 2226, Jan. 9, 2017; 83 FR 12, Jan 2, 2018] Contractors Signature: 0'�'� 1LO—J" Date: 7 -- l G - �" 711MM 12:53PM P, 61 REQUIRED CONTRACT PROVISIONS The following contract provisions or conditions are required by Texas Department of Housing and Community Affairs (TDHCA) on all procurement contracts and subcontracts for the Comprehensive Energy Assistance Program and Weatherization Assistance Program. I. Administrative. Contractual or Legal Remedies In instances where the Contractor violates or breaches this Contract the City may apply administrative, contractual or legal remedies. The City may suspend all activities temporarily pending either corrective action by the contractor or a decision by the City to terminate this contract. II. Suspension or Termination The City may terminate this contract, in whole or in part, at any time City determines that there is cause for termination including but not limited to the following circumstances: 1. If Contractor neglects to execute the Work properly, in a timely manner, refuses to supply proper or sufficient materials or workmanship, or fails to perform any provisions of the contract. 2. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed of insolvency. 3. If Contractor fails to make prompt payment to any Subcontractor and supplier for material or labor, 4. If Contractor commits continual violation of public laws or ordinances. III. Non-discrimination and Equal Opportunity No person shall on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. IV. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Copeland "Anti - Kickback" Act (40 U.S.C.276a-276a-5; 40 U.S.C. 327 and 40 U.S.G. 26c) and all other applicable Federal, state and local laws and regulations pertaining to the labor standards insofar as those acts apply to the performance of this contract. V. Reporting and Patent Rights Contractor shall abide by all requirements and regulations pertaining to the reporting and patent rights involving research, developmental experimental, or demonstration work, with respect to any discovery or invention which arises or is developed in the course of satisfying the terms of this agreement. VI. Indemnity and Release Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's representative officers, employees, elected officials and agents, from and against any and all losses, damages, claims or liabilities of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner or form, the activities contemplated hereunder. VII. Conflict of Interest and Nepotism. Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by contractor. No person (1) Who is an employee, agent, consultant, officer, or official of the contractor and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or (2) Who is in a position to participate in a decision making process or gains inside information with regard to such activities may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have familiar or business ties, during their tenure. Contractor's employees, officers, andior agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. VIII. Sectarian Activity Contractor shall ensure that no funds under this contractor are used, either directly or indirectly, in the support of any religious or anti -religious activity, workshop or instruction. XI. Prohibit Political Activity and Lobbying None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initializing the action to immediate dismissal from employment. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive or judicial branches of government of Contractor, State of Texas, or the government of the United States. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section. XIL Prevention of Waste. Fraud and Abuse Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, frauds, and abuse in WAP or CEAP and to provide for the proper and effective management of all program and fiscal activities funded by this contract. Contractor's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available to review by department. Contractor shall give City complete access to all of its records, employees, and agent for the purpose of monitoring or investigating the Weatherization ? CEAP programs. Contractor shall fully cooperate with the department's efforts to detect, investigate and prevent waste, fraud, and abuse. Contractor shall immediately notify the City of any identified instances of waste, fraud, or abuse. Contractor may not discriminate against any employee or other person who reports a violation of the terms of his contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. XIII. Changes and Amendments Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal law and regulations or stature are automatically incorporated into this contract without written administrative code amendment hereto, and shall become effective on the date designated by such law or regulation. Except as specifically authorized by the agency in writing or otherwise authorized by the terms of this contract and any alterations, additions, or deletions to the terms of this contract shall be amended hereto in writing and executed hereto in writing and executed hereto in writing and executed by both parties to contract. XIV. Legal Authority Contractor represents that it possess the practical ability and the legal authority to enter into this contract, receive and manage the funds authorized by this contract, and to perform the services Contractor has obligated itself to perform under this contract. The person signing this contract on behalf of contractor hereby warrants that he she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to all terms herein set forth. XV. Access to Records The Contractor shall furnish and cause each of its subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, State or its agent or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and revisions stated herein. XVL Records to Maintain Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all State and audit findings whichever occurs later. XVII. Clean Air and Clean Water Act The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract. Clean Air Act, 42 U.S.C., 701, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. XVIII. Non-discrimination No person shall, on the ground of race, color, national origin, or sex be excluded form participation in, be denied from the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990, or with respect to an otherwise qualified disabled individual as provided in section 04 of the Rehabilitation Act of 1973, shall also comply to any such program or activity. CIty of Lubbock Bid MB 20.15364 40A BID FORM City of Lubbock, TX Purchasing and Contract Management ITB No. 20-15364-KM In compliance with the Invitation to BM 20-15364-KM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it slows omissions, alterations of form, conditional alternate bids, additions or altemates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 206-15364-KM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Item UIM Description of Items Unit Cost Materials UCost Labor Extended CostsUnit A (B) (+� } z OTY 1 EA ITWBimorM=tohomtom4mmrcpabs. Call -out fee to go out to home and assess 4 5 1 r� ! 5 Evaporative Cooler: Replacement from Existing or New install 2EA Replacement from existing or new install as d 1 specified herein for size: 3400 - C.F.M. 3 EA Replacement from existing or new install as g p a 5 0 1 l l l n specified herein for size: 4400 - C.F.M. 4 Replacement fiom existing or new install as Q p G� J a e © 1 15, specified herein for size: 5000 - C.F.M. Evaporative Cooler: Service and Repair Existing Units 5 EA Replace Evaporative Cooler Motor Only 150 7,5 1 a 5 6 EA Service and repair existing units as specified I 1 3) herein for size: 3400 - C.F.M. 7 EA Service and repair existing units as specified 110 O l 3 i C7 herein for size: 44M - C.F.M. 8 PA Service and repair existing units as specified 11 d a d l 3 j Q herein for size: 5000 - C.F.M. Refrigerated Window A/C Udt.- Replacement from Exlsting or New Insidl 9 EA Replacement from existing or new install as e J p 8 1 specified herein for size: 5000 - BTU '2 p� Jr ► Replacement from existing or new install as go10 1 `� specified herein for size: 9000 - BTU 11 EA Repiacennent from existing or new install as �, 5 0 1 specified herein for size: I0000 - BTU r12 EAReplacement ► from existing or new install as J 5 3 U 1 3 specified herein for size:12000 - BTU tij 711MM 12:53 PM P. 20 City of Lubbock Bid ITB 20-15364-KM Item U/M Description of Items Unit Cost Materials Unit COO (B Labor (QTY Costs A+B) x QTY Gas wan Heaters (Single Wall): Replacement from Exiling or New Install 13 EA Replacement from existing or new install as fled herein for 35,000 BTU '' I �p 1 C/ J size: - 14 EA Replacement from existing or new install as specified herein for size: 55,000 - BTU ! j ✓{' 1 �}✓� 15 EA Replacement from existing or now install as specified herein for size: 65,000 - BTU v Gas Wall Beaten (Double Wale: Replacement from Existing or New install 16 EA Replacement from existing or new install as3 4 d 1 ! 16 0 specified herein for size: 50,000 - BTU Wa11 Beaten (All): Service and Repair Existing Unib 17 EA All Wall Heaters: Service and Clean (Tune-. Up) for existing units of all sizes as specified (� C> O 1 a 4 Q herein. 18 EA Replace Gas Valve (Wall Heater) t a 5 a l 1 .j 19 EA Replace Electronic Gas Valve (Wall Heater) tn' 20 EA Replace Fan and Fan Motor on Fan Assisted Wall Heaters Jr a ✓� l 3 % Jr' 21 BA Replace Pilot Light Assembly on Wall 7 5 7 �7 Heaters 22 EA Replace Thermocouple on Wall Heaters Ito 5 1 105 Central HVAC Furnace (Horizontal - In Attic): Replacement from Existing 23 EA Replacement from existing as specified 5 t t 3 4 5j herein for size: 60,000 - BTU 24 EA Replacement from existing as specified [5 v C ® 1 ` v S p herein for size: 80,000 - BTU 7 25 BA Replacement from existing as specified herein for BTU 2 S a 3 I 0 g size:100,000 - Central HYAC Furnace (Vertical - In Meet): Replacement from Exb ft 26 EA Replacement from existing as specified herein for 60,000 BTU / 6, < p 3 � 1 p ` ✓� size: - 27 Replacement from existing as specified herein for 0 7 3 1 C9 l d size: 80,000 - BTU M EA Replacement from existing as specified .� 8 v 3 a e7 1 1 herein for sim: 100,000 - BTU 7111202012:53 PM Ex 21 City of Lubbock Bid rrB 21)-153844iM Item U/M Description of Items Unit Cost Materials Unit Cost Labor {B)�) ONQTY Extended Costs -(A*B) A x qrY Central HVAC A/C Condenser: Replacement from Existing 29 EA Replacement from existing as specified heroin for size: 2 Ton Ey uC� -T 3 4D 4 ! l e7 30 EA Replacement from existing as specified herein for size: 2.5 Tort l a�, a b d l 7 vZ aS 31 EA Replacement from existing as specified herein far size: 3 Ton 32 EA Ilteplamont from existing as specified herein far 3.5 Ton i f7 O l `Jr �. size: Central HVAC Heat Pomp Air Handler (Horizontal - In Attic): Replacement front 33 EA for size: 2 Ton Replacement from existing as specified lhermein i 34► Replacement from existing as specified for size: 2.5 Ton ,� /, 5 35 EA Replacement from existing as specified herein for size: 3 Ton36 I EA Replacement from existing as specified herein for 3.5 Ton 4 I 3 size: Central HVAC Hest Pump Air Handler (Vertical - In Chid): Replacement from Existing 37 EA Replacemem from existing as specified herein for size: 2 Ton ? a 7 L 3$ EA Replacement from existing as specified herein for 2.5 Ton Q size: 39 EA Replacement from existing as specified herein for size: 3 Ton a 3 Replameent from existing as specified herein for size: 3.5 Ton ! > Central HVAC Heat Pump Condenser: Replacement from Existing 41 EA Replacement from existing as specified herein for size: 2 Ton 1 G 0 U 1 42 BA Replacement from existing ss specified het+ein for size: 2.5 Ton a 3 p O 1 $�✓�� 43 EA Replacement from existing as specified herein for 3 size: Ton 44 EA Replacement Em m existing as specified herein E ,J l Jr' 04 1 ! for size: 3.5 Ton 711=201253 PM p. 22 CUy of Lubbock Bid ITB 20-1536440A Item U/M Description of Items Unit Cost Materials Unit Cost I41bor (B) QTY ( ) Extended Costs �A+B (A) x QTY Central Systems - Beat and A/C (Gas and Electric) ! Existing Central Heat and Central A/C System Servicing 45 EA Furnace: Natural Gas or Propane Servicing as specified herein 46 EA Furnace: Electric Servicing as specified herein E l [9 47 EA Central A/C Servicing as specified herein I F 3j a 7 d 1 b 3 a EA moor Condensing Unit (Tune-up) as specified herein 1 Q J p 0 l 1 49 EA Vent Pipe Replacement as specified herein b ! 4:;, L d 50 EA mice the Return Air Area as specified herein 51 EA Repair Duct Work: Supply and Plenum as « l O specified herein o7 52 EA Replace Mechanical Type Thermostat 5r 45> 1 l C.-3 53 EA Replace Digital Type Thermostat ISO 15 1 07,7715 54 EA Replace Heat Pump Type Thermostat j i I CRI04 S 55 EA Rewire and Reinstall Existing Thermostat Oj d ►� 5 56 EA Replace the Blower Fan on Central Unit 57 EAReplace die ousing Blower Fan and Fan H bl 58 EA Replace the Blower Motor Only 59 EA Replacethe Draft Inducer Motor and Inducer FAssembly p 1 60 EA Clean Combustion Blower Motor and Fan L a ? L d 61 EA Replace Electronic Ignitor Lj, d Jr 1 fan 62 EA Replace Furnace Flame Sensor (7 63 EA Clean and Re- install Flame Sensor 0 64 EA Replace the Indoor Coil Only 5 6 a 65 EA Replace dAC i Circuit Board on the Cenbal 66 EA Replace Fuse on the Circuit Board 1 6 J15- 1 71112M 12:53 PM p, 2$ Bid "S 20-16364 6A Item U/M Description of Items Unit Cost Materials Unit Cast Labor QTY Extended Costs =(A+B) 67 EA Replace Time Delay Relay 68 EA ReplaceElectronic Gas valve (CentralFwnace) l d b 5 1 1 %S 69 EA Replace "Smart" Electronic Gas Valve Lt D 4e> "75 1 It 'j ,5 70 EA Adjust On Valve Pressure to optimum a 4!� 1 �i .5 71 EA Replace Flue Gras Spill Switch 72 BA Install New Buy Access Furnace Filter Base Jr '� 1 �� m 73 EA Cop Lied (Refrigeration5, Replace Properly a 1 Lt C7 74 EA Install New Condensate Pump on Condensate Drain Line 0 4� 75 HA Install New Condensate Drain Line to Terminate at Exterior of Home b l 76 EA Unclog Condensate Drain Lines. Repair, if Necessary, Leaking Condensate Drain Line [� ✓ 1 g C 77 EA Install New Suction Accumulator Muffler d O 1 4 O 78 EA Install New Thermostatic Expansion Valve (.QV) at Indoor Coil 0 0 ? J 1 �. �% ✓c' 79 EA Install New'Mexmostatic Expansion Valve at Outdoor Coil 80RA (Ali Modeells) up to 4 Condensing ax m !Coils 1000 �, O L 3 5 m 81 EA Replace the A/C Compressor and the Line Filter Drier 1,0° 0 3 L l 3 s O 82 EA Replace the A/C Line Filter Drier Only 3 5 7 5' 83 EA Replace the A/C Compressor Only `� D O 3 ,% O 1 1 aZ 5 0 Furnish and Install crankcase Heater (All g4 EA Models). Follow Manufacturer Instructions for Applicability ✓ 85 EA Replace the Outdoor Fan Motor on the ExistingCondensa 5 1 T f 86 EA Replace the Fan Blades on the Outdoor Condenser. Fan Motor. ? C7 1 1 4 87 BA Replace and Install the Top to the Outdoor Condensing Unit .7O O 7 88 EA Add Applicable Refrigerant to the Existing 0 Q 3 1 System (Per lb.) 89 1 BA Refrigerant Recovery and/or Disposal (Per lb.) 711r2=12:53 PM p. 24 OHy of Lubbock Sid IT13 20-153544(M Item U/M Description of Items Unit Cost Materials Unit Cost labor QTY Extended Costs =(A+B ) A �) (+�) a 9a EA Replace Transformer 3 4 91 EA Replace A/C Service Port Valve 15 92 EA Replace Condenser Contactor Switch '?J 1P ,� 1 L Cj 93 EA Replace the Start Capacitor and Run Capacitor 1 L p on the System Replace the Outdoor Disconnect Box, Wck- 94 EA pull Disconnect and Line Whip to the Existing System 95 EA Replace Pull -Out Fuse on Disconnect 6 51 1 �S % EA Electrical: Properly Breaker the A/C with the b p Proper Size as Required by the Manufacturer 97 EA Combustion Air for Furnace Closet Servicing 1 6 1 3 6 as specified herein l� Total {Item 1— Sn "PRICE: F.O.B. Destination, Freight Pre -Paid and Albwed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City way award the bid either item -by -Item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock Is seeking a contract for with one or more contractors. In order to assure adequate coverage, the City may mare multiple awards, selecting multiple vendors to provide the products desired, N multiple awards are In the best interest of the City. A decision to snake a multiple award of thb Bld, however, is an option reserved by the City, based on the needs of the City, PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of __1:221, net A calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment ter as will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated member of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that mats contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of produeWservices of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly autlKmzed interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other 711202012:63 PM P. 26 City of Lubbock Bid ffS 70-15364 4(M governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Freaship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital Dlabiet, Lubbock Independent School District, South Plains Association of Govemments, City of Texarkana, Tetras Tech Univerdty, West Tens Municipal Power Ages Lynn County, and City of WelQarth. YBS_ a NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interiocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contracts) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that goverrunentat entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/serviee as needed. THIS BID IS SUBMITTED BY_a corporation organized under the laws of the State of or a partnership consisting of or individual trading as i ITS' of the City of Address: City: l e.r 1710G t: A' State: -TX Zip-2-1 -4'o 0/ Bidder acknowledges receipt of the following addenda: Addenda No. i Addenda No. Addenda No. Addenda No. _ Date-2:i0----9 0 7 c Date Date Date MIWBE Firm: Woman Black American Native American Hi is American I I Asian Pacific Americ4 I Other (Specify) gy 11. /f , / 6 - 7c,70 Authorized Representative - rnttct sign by band Q Officer Name and Title: C H A m e s i' . G r'-Iryit- w y R y Please Print Business Telephone Number ?O L `f' S S ` FAX: 1z,mai1 Address:—&l0'iG FOR CITY USE ONLY Bid Form item Number(s) Awarded to Above Named Firmftdividual:_ Date of Award by City Council or bids over S50,000):_ _ Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 71IM2012.53 PM tl 26