VOL TT  BAGE:514ounty Çlerk DELTA COUNTY,TEXAS SEP20-2024 FILED, FORRECORD ATIT:OAM  oU  NOTICE OF REGULAR MEETING DELTA COUNTY COMMISSIONERS COURT  Notice is hereby given that a regular meeting of the Delta County Coimmissioners Court will be held on Tuesday. fhe 24th day of September, 2024 at 9:00 A.M.i in the Citv'Comcil Chambers at the Cityof Cooper City Hail, located at91) North Side Square, Cooper, Texas, 75432, at which time the Commissioners Court will consider, discuss, and possibly act upon 1. Call to Order, Establishment of a Quorum, and Declaration of Public Notices Legally Posted Pursuant to the Open Meetings Act, Texas Government Code, Chapter 551.  the following agenda items at-wit:  a. Pledge ofAllegiance b. Invocation 2. Public Comments  i. United States of America Flag ii. State ofTexas. Fiag  (The Commissioners' Court shall allow public comment with the submission ofal Public Participation Form to the County/District Clerk prior to the start of the meeting. The Court is unable to deliberate on non-agenda items. fyou desire to vequest a matter on a future agenda, you may make the request to a member of the Commissioners Court. Public Comment will be governed by the adopted Rules of Procedure, Conduct, and  Decorum.) 3. General Amouncements 4. Proclamations  5. Discuss and take possible action related to the approval ofthe minutes for the following: a, September 10, 2024 Regular Meeting oft the Delta County Commissioners' Court 6. Discuss and take possible action to approve and ratify fhe payment of financial obligations, including claims, payroll and personnel expenses, and bills. 7. Discuss and take possible action to consider a request from a landowner to place temporary road closure signs on CR 4375, situated in Road and Bridge Precinct 4, due to 8. Discuss and take possible action to consider approving an Order related to the disbursement of salaries and certain routine office expenses for Fiscal Year 2025 in accordance with Senate Bill 354, authorized by the 86th Legislative Session and in accordance with Local Government Code $113.047 and $154,0235 - Tanner Crutcher,.  impassable driving conditions Beverly Couch, Landowner  O  County Judge  Page 10 of4    VOLTT  PAGE 515  9. Discuss and take possible action to authorize and approve a resolution authorizing the ICMA. 457 deferred compensation retirement savings program plan for Delta County and authorize the County Judge and County Treasurer to execute and sign the agreement(s)- 10, Discuss and take possible action to consider adopting the Sheriff's & Constable Fees for calendar year 2025, to take effect January 1, 2025, pursuant to Texas Local Government Code 118.131(a), authorize written notice to be made to the' Texas Comptroller ofPublic Accounts, pursuant to Texas Local Government Code 118.131(f), and authorize the publication of the adopted fees as an appendix in the FY2025. Adopted Budget - Tanner 11. Conduct a public hearing on the County/District Clerk's Record Archival Plan for Fiscal Year 2025, pursuant to Texas Local Government Code $118.025 - Tanner Crutcher, 12. Discuss and take possible action to consider approving the County/District Clerk's Record Archival Plan and associated records archiving fees for Fiscal Year 2025, and authorize the publication of the adopted fee as an appendix in the FY 2025 Adopted 13.Discuss and take possible action to review and consider the approval of the plans, specifications, contract documents, and procurement procedures related to the Texas Department of Agriculture's Community Development Block Grant (CDBG) award to Delta County for projèct TDA CDV21-0322 . Kevin Vanhoozier, P.E., Hayter 14.Discuss and take possible action to approve various budget line-item fransfer(s) - Tanner 15.Discuss and take possiblé action to consider the approval of a Resolution approving assignment of private activity bond authority to Texas Depariment of Housing and Commumnity Affairs (TDHCA), and containing other provisions relating to the subject, as submitted by the Northeast Texas Housing Finance Corporation - Tanner Crutcher, 16. Discuss and take possible action to approve a contract agreement with Amctioneerhaprsa.com, a subsidiary of D-Mac's Investments LTC, Co. for the sale of surplus county property, including associated auction sales: fees and terms and conditions 17.Discuss and take possible action to approve a Master Service Agreement (MPSA) with Hayter Engineering, Inc. for engineering services related to Hazard Mitigation Assistance projects, and authorize the County Judge to execute and sign the agreement and all  Tanner Crutcher, County Judge  Crutcher, County Judge  County Judge  Budget-Janice: Roberts, County/Distriot Clerk  Engineering  Crutcher, County Judge/Debbie Huie, County Treasurer  County Judge  ofthe agreement- Tanner Crutcher, County Judge  required documentation - Tanner Crutcher, County Judge  Page 2 of4    VOL TT  PAGE 516  18. Discuss and take possible action to authorize the posting ofa children playing sign near 2945 CR 2200, Pecan Gap, Texas 75469, situated in Road & Bridge Precinct 2- Seth 19. Discuss and take possible action to consider approving the 2025 Jury Selection Plan, in accordance with Chapter 62 of the Texas Government Code - Janice Roberts, 20. Discuss and take possible action to consider authorizing a work authorization, Work Authorization No, 1, with Gradient Solutions Corporation related to the Financial Planning Process Assessment for Delta County and consultation for fund balance forecasting (both restricted and unrestricted), and authorize the County Judge to execute and sign the agreement and all: related documentation - Tanner Crutcher, County Judge 21.Discuss and take possible action to approve a memorandum of understanding to the United States Department ofthe Treasury regarding the justification fort the allocation of the Delta County American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Fund: revenues as payroll items the under 6.1. Provision ofGovernment, Services as outlined by the ARP/CSLERE: Final Rule FAQ dated. July 2023, page 22, and authorize the County Judge and County Treasurer to execute and sign the MOU along with all related documentation - Tanner Crutcher, County Judge/Jonathan Stuart, GrantWorks. 22. Discuss and take possible action to approve the final itemized list, with reserve bid amounts, for the sale of surplus county property for Road & Bridge Precinct 2, Road & Bridge Precinct 3, and the Sheriff's Office via online public auction with wwwActomespscnN to end on October 15, 2024, and authorize publication in the newspaper of general circulation pursuant to Chapter 263 of the Texas Local 23. Discuss and take possible action to update the Commissioners Court on Courthouse  Cox, County Commissioner, Precinct2  County/Disirict Clerk  Government Code- Tammer Crutcher, County Judge  facilityrepairs and related projects - Tanmer Crutcher, County Judge  24. Sheriff's. Jaill Report-N Marshall Lynch, Sheriff  25.Discuss and take possible action, the Commissioners Court to convene into executive session to discuss the following matters: Pursuant to $551.071 ofthe Texas Government Code, to consult with legal counsel regarding litigation related to the matter of Texas Opioid Litigation, County afDelta V. Purdue. Pharma, Inc., eta al., in the 152nd District Court ofHarris County, Texas; MDL Master Cause No. 2018-63587 - Tanner Crutcher, County 26.. Discuss and take possible action to reconvene back into open session - Tanner Crutcher,  Judge  County. Judge  Page 3of4    VOL TT  PAGE 517  27.Discuss and take possible action on items discussed in executive session related to the following: Setflement offers or other necessary action in the matter of Texas Opioid Litigation; in the 152nd District Court of Harris County, Texas; MDL Master Causel No. 2018-63587, including consideration of authorizing the County Judge or other authorized officials to execute the Settlement participation and release forms regarding settlement offers from defendants in the matter of Texas opioid multi-district litigation for the County in the matter of County afDelta V. Purdue Pharma, L.P. etal. - Tanmer Crutcher,  County Judge 28. Adjourn  The Commissloners Courti reserves the right to adjourn Intol Executive Session ata anyt time during the course oft this meeling to discuss any oft the matters Ilstedin this agenda, In the order deemed appropriate, as authorized by Chapter 551, Open Meetings, Texas Goverment Code, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.075, 551.076, and 551,087, or to sesk the advice ofl lis aflorney and/or other atiomeys reprasenting Della County on any matteri in which the duly oft the attomey tot the Commissloners Couri under the Texas DisciplInary Rules ofProfessional Conduct oft the State Bar of Texas clearly conflcis with chapter 551 of the Texas Goverment Ina accordance wilh Tillel lli oft the American with Disablities Act, wel Invite all atlendees fos advise us of any speclai accommodations due to disably. Please submit your request tot the County Judge's office as far as possible In  Code ar as otherwise may be permitied under chapter 551.  advance of the meeting; youwish to allend. Signed this 20th day ofs September, 2024 Mhe Tanner Crutcher, Countyjudge Delta County, Texas  1, thet undersigned County Clerk, do hereby cerilfy thati the above Notlce of thel Regular Meeling oft the Della Counly Commissloners Courtis at true and correct copy oft the said Noflcs, thatirecelved sald Nollce, and It was posted at the doors oft the Deita County Courthouse, a place readly accessiblei to the general public ata allt times ont theOday ofaplambar,202A: atlioaP'ands sald Nofice remained: so posted continuously for atl least 72 hours  preceding the schedule time oft the meeting. Rohsiss Jande Roberts, County/District" Clerk Delta County, Texas  GUR OF  Page 4 of4    VOL TT  >  PAGE 518  DELTA COUNTY COMMISSIONERS COURT MINUTES  Notice is hereby given that a regular meeting oft the Delta County Commissioners Court was held on Tuesday, the 10th day of September, 2024at9:00, A.M. in the City Council Chambers at the City  City Hall, located at 91North Side Square. Cooper, Texas, 75432, THOSE THEY WERE IN ATTENDANCE:  ofCooper  Tanner Crutcher, County Judge Morgan Baker, Commissioner, Precinct 1 Seth Cox, Commissioner Precinct 2 Anthony Roberts, Commissioner Precinct 3 Mark Brantley, Commissioner, Precinct 4  1. Call to Order, Establishment of a Quorum, and Declaration of Public Notices Legally Posted Pursuant to the Open Meetings Act, Texas Government Code, Chapter 551. Meeting was called to order by Judge Tanner Crutcher @ 9:00 am a, Pledge of Allegiance was led by Judge Tanner Crutcher b. Invacation was given by Commissioner Seth Cox  i. United States of America Flag ii. State ofTexas Flag    2. Public Comments None  (The Commissioners' Court shall allow public comment with the submission ofa Public Participation Form to the County/District Clerk prior to the start of the meeting. The Court is unable to deliberate on non-agenda items. fyou desire to request a matter on a future agenda, you may make the request to a member of the Commissioners Court. Public Comment will be governed by the adopted Rules of Procedure, Conduct, and 3. General Amnouncements The Clerk's Office will be closed September 12th & 13th for data conversion to go Iive with new case management Monday  Decorum.)  4. Proclamations None  5. Discuss and take possible action related to the approval ofthe minutes for the following: a, - August 27, 2024 Regular Meeting oft the Delta County Commissioners' Court Commissioner Baker make the motion to approve the minutes for August 27th, 2024 Regular meeting, as presented to the court and COURT VOTES-STOD-AYES HAVE IT, MOTION GARRIED  Commissioner Cox Second      VOL TT  PAGE 519  6. Discuss and take possible action to approve and ratify the payment of financial obligations, including claims, payroll and personnel expenses, and bills. ICommissioner Baker make the motion to approve to pay all financial obligations, including claims, payroll and personnel expenses as presented to the court and Commissioner Branfley Second COURTVOTES- 5TO0-A AYES HAVE IT, MOTION CARRIED.  7. Discuss and take possible action to approve an Order designating day ofweek at which commissioners court will convene in regular term pursuant to Texas Local Government Code 81.005(a) for Fiscal Year 2025 - Tanner Crutcher, County Judge Commissioner Cox make the motion to approve the Order designating day of the week at which Commissioner's Court will convene in regular session for FY 2025 to be the 2nd and 4th Tuesday of the month as presented to the court and Commissioner Baker Second COURT VOTES-5T00- AYES HAVE IT, MOTION GARRIED.  8. Discuss and take possible action to consider a request from a landowner to upgrade a portion ofCR.4310, situated in Road and Bridge Precinct 4- Will Smith, Landowner 9. Discuss and take possible action to consider accepting a donation road materials, in-kind Iabor, and or monetary funds from al landowner to upgrade a portion ofCR4310, situated in Road and Bridge Precinct 4- Mark Brantley, County Commissioner, Precinct 4 COMMISSIONER BRANTLEY PLACED A DOCUMENT DETAILING THE PROPOSED COST OF THE REQUESTED ROAD WORK INTO THE RECORDMINUTES OF THE COURT. NO FURTHER ACTION NEEDED 10. Discuss and take possible action to consider approving al Memorandum ofUnderstanding (MOU) with Westl Delta Water Supply Corporation for the lease ofreal properly, Iocated at 196FM1531, Klondike, Texas, 75448 to construct and operate a 195' self-supporting radio communications tower and the equipment required to operate the tower site, and authorize the County Judge or his designee to sign and execute the agreement and all ICommissioner Baker make the motion to table this item until the draft has been completed as presented to the court and Commissioner Cox COURT VOTES-STO0-AYES HAVE IT; MOTION CARRIED  NO ACTION NEEDED  required documents Tanner Crutcher, County Judge  Second  -    VOL TT  PAGE 520  11.Discuss and take possible action to authorize and ratify the County Judge and County Treasurer to sign the Designation of Account. Approval (DDA), Designation of Subrecipient's. Agent form (DSA), Direct Deposit. Authorization Form (DDA),TDEM's DR4781 Grant Terms and Conditions, and IRS Form W-9: related to Delta County's application under thel DR-4781 -May Severe Storms Public. Assistance Grant Application to the' Texas. Division ofI Emergencyl Management-Tamner Crutcher, County Judge Commissioner Cox make the motion to authorize the County Judge and County Treasurer to sign the Designation of Account Approval (DDA); Designation of Subrecipient's Agent Form (DSA), Direct Deposit Authorization From (DDA), TDEM'S DR4781 Grant Terms and Conditions, and IRS Form W- 9 related to Delta County's application under the DR- 4781 = May Severe Storms Public Assistance Grant Application to the Texas Division of Emergency Management as presented to the court COURT VOTES-STO0-AYES HAVE IT, MOTION CARRIED 12, Discuss and take possible action to authorize and approve the Texas Association of Counties Health and Employee Benefits Pooi (TAC HEBP) plan renewal for Plan Year 2025 for Delta County and authorize the County Judge and County' Treasurer to execute and sign the agreement(s) and all: required documents - Tanner Crutcher, County. Judge Commissioner Brantley make the motion to authorize and approve the Texas Association of Counties Health and Employee Benefits Pool (TAG HEBP) plan renewal for Plan Year 2025 and to authorize the County Judge and County' Treasurer to sign the agreement and all required documents as presented to the court and Commissioner Roberts GOURT VOTES-STO0-AYES HAVE IT, MOTION CARRIED  and Commissioner Roberts Second  Second  13. Bring from the table, discuss and take possible action to consider the policy and procedures for the payment of discretionary leave accruals, if any, for employees who transition from an exempt or non-exempte employeeposition to an elected official position ICounty Judge make the motion to approve the payment of discretionary leave accruals for the former Sheriff Charla Singleton that existed at the time of Mrs, Singleton's transition from Chief Deputy to Sheriff, and that these amounts be paid from contingency funds from the FY 2024 Budget and Commissioner Baker Second GOURT VOTES -5 5TO0-AYES HAVE IT, MOTION CARRIED  -Debbiel Huie, County" Treasurer  0    VOL TT  PAGE 521  14. Bring from fhe table, Discuss and take possible action to consider a request(s) from Spectrum Gulf Coast, LLC, the applicant, and Sunrise Telecom Inc., the contractor, to construct underground fiber-optic cutility lines on the following county roads:  a. CRI1S0,PD358.178 b. C CR1170/CR1177,PID3582178 - CR1182,PID 3582178 d. - GRISO/CRIA,PD3SAI7 e. CR1180,PID: 3582178  County Judge make the motion to disapprove the request from Spectrum Gulf Coast, LLG, the applicant and Sunrise Telcom Inc. the contractor to construct underground fiber- optic ufility lines on the County Roads 1180,170,1182/177,790,1745,1780 until all previous issues have been resolved in Precinct 2 as presented to the court and COURT VOTES - 5TO 0-AYES HAVE IT; MOTION CARRIED  Commissioner Cox Second  15. Discuss and take possible action to consider revoking all previous permit approvals for the installation ofu utilities in the county right-of-way submitted by Spectrum Gulf Coast, LLC, the applicant, and Sunrise Telecom Inc., the contractor, to construct underground  fiber-optic utility lines on the: following county roads: a. C4/CR43QPD0IE26 b. CR4626, PID5018236 C, CR4620, PID: 5018236 d. CR 4390/CR.4624, PID: 3494252 e. CRCR.4625, ,PID: 3494252 f. CR4399, PID3494252 g. CRI1S0,PID3582178 h. 4620,PID3494252  Commissioner Brantley make the mofion to revoke all previous permit approvals for the installation of utilities in the county right-of-way submitted by Spectrum Gulf Coast, LLG, the applicant and Sunrise Telcom Inc. the contractor to construct underground fiber - optic utility 4325,4330,4526,4620,4390,4624,4625,4399,1150,4620 as presented to COURT VOTES -5TO 0- AYES HAVE IT, MOTION CARRIED The County Attorney is to draft a Ietter requesting plats and utility easements on all locations as well as a map of where all current drops are, and the current utility infrastructure are Iocated.  lines on the County Roads  the court and Commissioner Cox Second  6    VOL1 TT  PAGE 522  16. Discuss and take possible action to publicize the date of the public hearing for the County/District Clerk's Records Archive Plan as September 24, 2024 at 9:00 a.m. - Commissioner Baker make the motion to approve the public hearing date of September 24th, 2024 at 9:00 am for County/District Clerk Records Archive Plan as presented to the court and Commissioner COURT VOTES-ST00-AYES HAVE IT, MOTION CARRIED  Janice Roberts, Couty/District Clerk  Roberts Second  17.Discuss and take possible action to approve a membership to the Tex-21, an economic development and transportation consortium, for the amount of $2,500 and authorize payment of a membership invoice in the FY 2025 Adopted Budget and authorize the County Judge to execute all required documents Tanner Crutcher, County Judge Commissioner Cox make the motion to approve a membership to the Tex-21, an economic development and transportation consortium for the amount of $2,500.00 and authorize the payment of a membership invoice in the FY 2025 Adopted Budget and to authorize the County Judge to execute all required documents as presented to the court and COURT VOTES - 5' TO 0- AYES HAVE IT, MOTION CARRIED  Commissioner Baker Second  18. Discuss and take possible action to consider approving Road and Bridge Precinct 1 to compensate. Lamar County Road & Bridge Precinct 1, an amount not to exceed $1,5000, in in-kind materials and/ormonetary funding for Lamar County Precinct 1's hauling of 1,Commissionerl Brantleys make the motion to approve the compensation to Lamar County Road and Bridge Precinct 1 from Delta County Road & Bridge Precinct 1, not to exceed the amount of $1,500.00, as presented to the court and Commissioner Cox Second COURT VOTES-5T00- AYES HAVE IT; MOTION CARRIED 19.1 Discuss and take possible action to update the Commissioners Court on Courthouse a. Consider the approval of a quote for the: replacement ofwindow' blinds ini the 2nd Floor District Courtroom ofthe) Delta County Courthouse, No action b. Consider the approval ofa a quote for the installation ofa an HVACint the 4th floor Commissioner Baker make the motion to approve the quote for the installation of an HVAG in the 4th floor elevator control room as presented to the court and Commissioner Cox Second COURT VOTES - 5TO0-AYES HAVE IT, MOTION CARRIED  road materiais for  facility repairs and related projects - Tanner Crutcher, County Judge  elevator control room ofthe Delta County Courthouse,    VOL TT  PAGE 523  Consider the approval ofa quote for the Weatherproofing and waterproofing work int the 4th floor elevator control room ofthel Delta County Courthouse. Commissioner Cox make the motion to approve the quote for the weatherproofing and waterproofing work in the 4th floor elevator control room as presented to the court and Commissioner Roberts COURT VOTES-5TOO-AYES HAVE IT; MOTION GARRIED  Second  Move to item # 22 @ 10:56 am  20. Discuss and take possiblé action to consider approving an Interlocal Agreement between Delta County Precinct 3 and the City ofPecan Gap, Texas related to: road and street maintenance labor on city streets and roads within the City ofPecan Gap, Texas and authorize the County Judge and County Commissioner ofPrecinct: 3 to execute and sign the agreement- - Anthony Roberts, County Commissioner, Precinct 3 I, Commissioner Brantley, make the motion to approve the interlocal Agreement between Delta County Precinct 3 and the City of Pecan Gap, Texas as presented to the court and Commissioner Cox Second COURT VOTES. : 5TO0-1 AYES HAVE IT, MOTION CARRIED  5  21.Discuss and take possible action to adopt a: resolution designating a disaster: recovery management service provider to complete application and project implementation fort the Federal Emergency Management Agency (FEMA)Public. Assistance (PA)/Hazard Mitigation Assistance (HMA) funding administered by the Federal Emergency Management Agency, Texas Division ofEmergency Management and/or Texas Water ICommissioner Cox make the motion to adopt a resolution designating GRANT WORKS for a 5 year term for a disaster recovery management service provider to complete application and project implementation for the Federal Emergency Management Agency (FEMA) Public Assistance(PA) Hazard Mitigation Assistance (HMA) funding administered by the Federal Emergency Management Agency, Texas Division of Emergency Management andlor Texas Water Development Board as presented to the court and Commissioner Baker Second COURT VOTES - 5 TO 0 - AYES HAVE IT; MOTION CARRIED  Development Board. -Tanner Crutcher, County. Judge  6    VOL TT  PAGE 524  5  22. Discuss and take possible action to consider approving a. Resolution authorizing the purchase ofa 2024 Chevrolet Silverado pickup truck for the Delta County Constable's Office, including associated equipment, using FY 20251 budgeted funding and authorize the financing ofthe purchase for at term not to exceed 6-years from Government Capital Corporation. a financial institution, and authorize the County Judge and Constable to execute and sign all related documentation and agreements. The current Chevrolet Tahoe PPV used by the Constable's Office will be transferred to the County Fire Marshal's C Commissioner Baker make the motion to approve the Resolution authorizing the purchase of a 2024 Chevrolet Silverado pickup truck for the Delta County Constable's Office, including associated equipment, using the FY 2025 budgeted funding and authorize the fnancing of the purchase to a 6-year term, and for the County Judge and Constable to execute and sign all related documents and agreements. The current Chevrolet Tahoe PPV will be used by the Constable will be transferred to the Delta County Fire Marshall's Office as presented to the court and COURT VOTES-5T00- AYES HAVE IT, MOTION CARRIED  office-E Elmo Robinson, Constable  Commissioner Cox Second  5  Move to item # 27 @ 10:44 am  23. Sheriff's. Jail Report-Marshall Lynch, Sheriff- Total of 17 Inmates in jail, 4  waiting transport  Move to item # 24 @ 11:08 am  24. Discuss and take possible action, the Commissioners Court to convene into executive Commissioner Brantley make the motion to convene into executive session at 11:09 am and Commissioner Roberts Second GOURT VOTES -5 5TO0-AYES HAVE IT, MOTION CARRIED a, Pursuant to $551.071 of the Texas Govemment Code, to consult with legal counsel regarding litigation related to the matter ofTexas Opioid Litigation, County afDeltav, Purdue. Pharma, Inc., et al., in the 152nd District Court ofHarris County, Texas; MDL b, Pursuant to $551.072 of the Texas Government Code, to deliberate the purchase of real property located at 250 West Dallas Avenue, Cooper, Texas, 75432 or otherwise described as Delta County Appraisal District Property ID 5945, Legal Description Old Town Cooper, Block 30, Lot 1, Acres .5354, Abstract'Subdivision: 2090- - Old  session to discuss the following matters:  Master Cause No. 2018-63587- - Tanner Crutcher, County Judge  Town Cooper    VOL TT  PAGE 525  C. Pursuant to $551.087 ofthe Texas Government Code, discussion and consultation regarding economic development matter regarding renegotiation opportunities and proposed amendments on existing Chapter 312 Agreements Tanner  )  Crutcher, County Judge Crutcher, County Judge  25. Discuss and take possible action to reconvene backi into open session - Tanmer ICommissioner Baker make the motion to reconvene back into open session at 11:48 am and Commissioner Cox Second COURT VOTES-5TOO-AYES HAVE IT, MOTION CARRIED  26. Discuss and take possible action on items discussed in executive session related to a. Settlement offers or other necessary action in the matter of Texas Opioid Litigation; in the 152nd District Court of Harris County, Texas; MDL Master Cause No. 2018-63587, including consideration of authorizing the County Judge or other authorized officials to execute the Settlement participation and release forms regarding settlement offers from defendants in the matter of Texas opioid multi-district litigation for the County in fhe matter of County ofDelta V. Purdue Pharma, L.P, et al.- Tanner Crutcher, County Judge NO ACTION NEEDED  thei following:  b, Discuss and take possible action to approve a Resolution to Authorize the County Judge and County Attorney, or their designee(s) to publicize the intent to purchase real property located at 250 West Dallas Avenue, Cooper, Texas, 75432 or otherwise described as Delta County Appraisal District Property ID 5945, Legal Description Old Town Cooper, Block 30, Lot 1, Acres .5354, Abstrzact'Subdivision: 2090 - Old Town Cooper, and to sign all documents necessary to execute the publication ofs such intent toj purchase the aforementioned property-7 Tanner Crutcher, County Judge Commissioner Cox make the motion to approve the Resolution to Authorize the County Judge and County Attorney or their designee to publicize the intent to purchase real property located at 250 West Dallas Ave, Cooper, Texas 75432 for 14 days and to sign all documents necessary to execute the publication of such intent to purchase the aforementioned property and Commissioner Roberts COURT VOTES-ST00-AYES HAVE IT; MOTION CARRIED  Second    VOL' TT  PAGE 526  3  C. Discuss and take possible action to consider approving a. Resolution authorizing the termination ofthet tax abatement agreement dated January 27: 2021 between Delta County, Texas and Estonian Solar, LLC, formerly known as: 249RD SME, LLC-3 Tanner Crutcher 1,Commissioner Cox, make the motion to table this item until next meeting and for the Gounty Judge or his designee to enter Into discussion to consider re-negotiations of the existing Chapter 312 agfeement and Commissioner Brantley Second COURT VOTES-5TO0-AYES HAVE IT, MOTION CARRIED  County. Judge and. Jeff Snowden, Capex Consulting Group  27. Discuss and take possible action to issue one debit card tot the SheriffofDelta County, Marshall Lynch, for the Delta County Sheriff's Office's Commissary Fund account Commissioner Brantley make the motion to approve to Issue 1 debit card to the Sheriff of Delta County, Marshall Lynch for the Commissary Fund account from the First National Bank and Commissioner Roberts COURT VOTS-STOD-AYES HAVE IT, MOTION CARRIED 28. Discuss and take possible action to authorize the issuance oftwo (2) county credit Commissioner Brantley make the motion to approve to issue 2 county credit cards to the Sheriff of Delta County, Marshall Lynch GOURT VOTES -5TO 0- AYES HAVE IT, MOTION CARRIED 29. Discuss and take possible action to: review and authorizet the issuance ofa request for proposals (RFP), drafted by the County Attorney orl his designee, to solicit the services ofareal estate broker to.sell real property owned by the Delta County Sherif's Office. located at 1121 SW Ist Street, Cooper, Texas, 75432 (Deita County Appraisal District Property ID: 6508) in accordance with Texas Local Government ICommissioner Brantley make the motion to authorize the issuance of a request for proposals (RFP) drafted by the County Attorney or his designee to solicit the services of a real estate broker or public auction to sell real property owned by the Delta County Sheriff's Office Iocated at 1121 SW 1st Street, Cooper, Texas 75432 and GOURT VOTES - 5 TO 0 - AYES HAVE IT, MOTION CARRIED  from First National Bank- Cooper- - Marshall Lynch, Sheriff  Second  -  cards. to SheriffMarshall Lynch - Marshall Lynch, Sheriff  and Commissioner Roberts Second  Code $263.008-Tanner Crutcher, County Judge  Commissioner Baker Second    VOL TT  PAGE 527  Move to item # 24 @ 10:49 am  30. Adjourn @11:51 am Commissioner Roberts Second  Commissioner Baker I make the motion to adjourn this meeting and COURT VOTES-ST00-AYES HAVE IT, MOTION GARRIED  Delta County, Texas  Gas    VOLTT  PAGE 528  THIS IS TO CERTIFY THAT I,J JANICE ROBERTS, COUNTY CLERK DO HEREBY CERTIFY TO THE CORRECTNESS OF THE COMMISIONER MINUTES FOR THE  REGULAR MEETING ON SEPTEMBER10", 2024. ON THIS SDAY2for Sepknb 2024.  -  TANNER CRUTCHER, COUNTYJUDGE  MORGAN BAKER, COMMISSIONER. PCT.1  S - SETH COX, COMMISSIONER. PCT.2  lu  ANTHONY ROBERTS, COMMISSIONER.PCI3 1116 MARIKBRANTLEY, COMMIESIONER.eT.4  JANICER  Aat    VOL TT FUND DESCRIPTION GENERAL FUND ROAD & BRCDGE ROAD BRIDGE PCT ROAD BRIDGE ECTH3 ROAD DRIDGE, PCTH4 026 LATERAL ROAD #2 TOTAL oF ATL TUNDS  PAGE 529  SCHEDULE OF BILLS BY FIND DISBIRSEMENTS  54,097.01 335.12 12,B4B.65 2,385.09 246.96 1,340.54 71,253.37  THE PRECEDING IIST OF BILLS PAYABLE WAS REVIEWED AND APFROVED TOR PAYMENT BY CORIESIONER'S COURT.  DATE: 9-2-2024  TANNER CROTCHER MORGAN BAKER SRTH coX ANTTIONY ROBERTS MARK BRANTLEY DEBBIE HUIR  )  - ptputg    09/25/2024 DELTA CQUNTY, From Amount  2024 BUDGET TRANSFERS POSTED TRANSFER #: 20DH Account Name  PAGE 1 BUD022 To Amount 3,129.60 239.42 268.21 15.34 57.58 .02 3,710.17  VOLTT G/L Code  PAGE 530  3,710.17 010-409-700 TRANSFER FUNDS  010-560-112 CHIEF DEPUTY 010-560-201 PAYROLL TAXES 010-560-203 RETIREMENT 010-560-207 DEATH BENEFIT 010-560-204 WORKERS COMP 010-560-206 UNEMPLOYMENT  3,710.17    VOLTT  PAGE 531  State of'Texas $ County ofDelta $  $  Order for Disbursement of Salaries and Routine Office Expenses  Whereas, Senate Bill 354, 86Legislative Session effective May 31,2019, provides fhat county fiunnds previously budgeted for salaries and authorized, office expenses may be disbursed  as.payment foras salary or1 routine office expenses; and  Whereas, the Commissioners Court of Delta Counfy, Texas wishes. to. implement the provisions of this Act for Fiscal Year 2025, beginning on October 1; 2024 and ending on  September 30,2025;now  Itis hereby Ordered as follows:  1. County funds previously budgeted for salaries for officers and employees, including payroll, personnel expenses, retirement, health insurance expenses, uriemmployent, and payroll taxes, shall be disbursed by the county payroll officer upon submission of all necessary payroll information by fhe-appropriate department head or supervisor; 2, County funds previoiisly budgeted for routine office supplies expensés under $1,000.00, for jitilifies expenses under $5,000.00, for equipmènt repairs under $10,000.00, for credit càrd expensés uinder $5,000.00, and for fuel expenses under $10,000.00 shall be disbursed by the County Treasurer, or his/her designee, upon submission ofaj proper voucher. Adopted this 24th day of September, 20241 by avoté of 5ayeanào) nays.  - County Judge EK     Morgan Baker, Commissioner, Pct.1 1 M Anthony Roberfs, Commissioner, Pct.3  Pct.2  Mkhall Matk Brantley, Commissioner, Pct/4  Aktest:  Falat,CayDatadlek  bs    SUGGESTED RESOLUTION  PAGE 532  FORAMPSIRFIVER BODYR RELATINGTOA457 DEFERRED COMPENSATION: PLAN  Plan Number 30 Stâte: Texas  Name of Employer: Delta County; Texas Title of Program Coordinator: County- Judge Resolution of the above named Employer ("Employer")  (seerd definition. below forduties of Program Coordinator)  WHEREAS, the Employer has employees rendering valuable sérvices; and  WHEREAS, the establishment of a deferred compensation plan for such employèes sèrves: 'thè interests of the Employer by. enabling tto provide reasonable retirement security for its émployees, by providing incrèased flexibility in its personnel management system, andby assisting in thè attractionand rétèntion-pf, competept WHEREAS. the Employèr has determined thattheestabishment of adéferred compensàtion planto bé WHEREAS, the! Employer desirés that its-deferréd compensation plan be administered by MissionSquare Retirement, andthatsome ora all oft thefunds held under such plani be investedin VantageTrust, at trust established by publicemployersi for the collective investment of funds héld under their retirenient and deferred NOW TMEREPOREHETRESQVADAN thél Emplyerhemdy-depstiadaemedpampaatan aplan/the-Plar)io  personnel; and  administered by MisionsguteReliement seryes the.above objectives; and  çompensation plans; the form of: (Selectone)  The MissionSquare Retirement Déferred Compensation Plan andTrust The plan provided bythe Employer (executed copy attached hereto).  BEITE FURTHER RESOWDhaieBmplbyy, hereby adopts the Declafation of rustofVantagelrust Çompany dated May 2401,intendingthis adoption to be operative with respect to any retirementor deferred compensation plan subsequently: éstablished by the Employer, if the.assets of the plah are-t to berinvested in the trustcreated by such. Deçlaration of Trust (the Vantagelrust)that; providési for the commingledi investment ofr retirementfunds. BEITFURTHER RESOVEDthstheases ofthel Plan shall! be heldi in trust, with the Emiployer serving as trustee, for the exclusive beneftofthePlan; participants and their beheficlarles, and the assèts shall notl bè diveftedtoany  other purposé.  BEITFURTHER RESOLVED tbatthe. Employerhereby: àgrees to serve as trysteè urider thePlan.  BEITFURTHER RESOWVEDthat: the. Crekahy Thdes  teergofafealneimeme,  shalbethecoordinatorforthis program; chaliretelvenecaisay reports, notiçes,etc. from MissionSquaré etrementervemegelust shallo cast, on behalf ofthe Employeganyreguiredi Notes underVantagelrust: Administratyedgties to çarry out the plan may be assigned totheappropriate depàrtments, andi is authorizedto execute: allr Decessaryagreements with MissionSquare Retirement incidentaltothe: adrinistration of: the Plan.  Janice Roberts  County/District Clerk of the (City; Gounty.etc.jof! Delta-County, Texas  do hereby-cerliythat the foregoing. resolution, proposed by. thé County Judge inthe (Council, Board, efc.).of the (City, County,etc,) of Delta County, Texas  in the atregular  (Council Member, Trustee, etc.) of Commissioners' Court meétingth therepfassembled this. 24th day of September  was duly passed andadopted,  2024 bythe following vote:  AYES: 5 NAY5: D ABSENT: D   Lofhg CSTL  (Seal)  Clerk of the (City, Couniyetc.  59083-1022-1295    STATE OIAET COUNTY OFDELTA  RAGEC533 GOURT AESOLUTION2DA02412  COUT  RESOLUTION OF THE COURT  RESOLUTION OFTHE COMMISSIONERS COURT OF: DELTA COUNTY, TEXAS SETTING THEFEES OFOFFICE FOR THE SHISRIFPSOFFICE AND CONSTABLES OFFICETO WHEREAS, $118.131 of the' Texas Local Government Code authorizes the Commissioners Corirt ofà County to. set,reasonable fees to be charged for services by the offices. of the Sheriff and Constable. WHEREAS, the.adopted: feeswill takè effectJanuaty 1, 2024 and must be repoited.to: the. officeofthe Texas atppehhroauie 15h ofthe year in which:the feés are initiallyset. WHEREAS, the Commissioners CourtofDelta Gounty sets the SherifPsand Constable'Fçes: to. take-effect  TAKE EPECTJANUARYIPS  January 1, 2025as-follows Year Cotinty. Fae Type 2025Delta 2025Delta. 2025Delta 2025Delta. 2025pelta 2025/Delta 2025Delta 2025Delta. 2025:Delta 2025jDelta, 2025Délta 2025ipeita 2025Deltà 2025Delfa 2025lDelta 2025Delta 2025Deltar 2025Delta 2025/Delta. 2025Della 2025pélta 2025Deita 2025:Delta 2025;Delta 2025/pelta 2025Delta 2025:Deita 2d2s-Délta 2025/Delia 2025/Dettar  tFée Nama ICIvi! Subpoena Copyaf Offense Report ICounty Court rDepositipn Subpidena FingergrintCard Forcible Detainer Mental Transport "Notice Order of'Sale, Posting IPrecept to Serve Protective Order IServing. Justiçe Gourt Cltation Sherlffs peèd Summons & Complaints Tax Warrarits TemporaryProiective OFdeis  Fea Name Original :Civil: Subpoera Offense Report Citatidris. (Deposition. Subpoena Fiogerprint Card Forclble Detainer IMental Transport Nolice Order of Sale Posting Preceptto Serve Protective. Order Justice Gourt Gitations SheriffsDeed Summpns & Complaint, Tax Warraht Teiripbràry Restraihing Ordér Writ df Execution Writ of Garnishment Wrlt of Injunction Writof Possesslon Writ-of Possession (property) *Writdf Re-eptry Writ of Restriction Wrlt of Seguestration Writ df Turriover prder AccidentRepbrt ArrestWarfant  Fee Fee Type Amount Code $70.00H $i0.00H $80.00H $70.00 H $10.00H $80.00 H $75.001H $60.00 H $120.90 H $20.00 H $80.00 H $75,00'H $40.00A '$80.00H "$B0.00H $80,00H $150.00A $150.001 H H $150.00. H $90.00 H $150.00 H $100,00 H $75,00 B $150.00 $60.00H B $150.00) H $10.00,H $50.00,H  Subpoena Report JOtiér Subpoena Fingeiprint lother iother Nofice: :Order Pisting Posting. Other lorder ICitation othèr Subpoena Warrant Order  Posting Trustee Sale Inside,corfbouse Small Clalms Citation  Writ BOrderofs Sale Writ dPAtbachmentPerson: and Wrjlten NwafafAtiachmempasos: ona Written. Not $150.00 $90,00 H  Writ & Drder ofsale FWrit pf Executiont Writ& Order of Sale jwrit of Garnishment Wwrit &.Order dfSale Writ ofinjunçtion Writ & Order oFS Sale Writ.of Passession Writ & Order sofSale Writ of Possesslon (property). Wrlt BrOrder of Sale 'Writ ofReenbry. Writ &e Orderof Sale Writ of Restriction Writ & Order ofSale. Writ ofSequestration Wrlt & Order of Salè Writ of Turnover Order  Report Warrant  Copy of Accident Report. AtrestWarrants  Page e1of2    STATEVOIXET COUNTY OFDELTA  PAGE.536CuRr SOEVICN2PAOPAA  NOW, THEREFORE BB ITRESOLYED.BY THE COMMISSIONERS COURT OF DELTA COUNTY, TEXAS. THAT the aboye Fces of Officè for the Shetiffand Constillebe set and take effçct on January 1, 2025, publish the adopted feès as an. appéndix to thF/2025Aioptea) Budget and thit thesame  herein be submitted. to: the Office of the Texas Comptroller prior to Oçtober 15, 2024.  APPROVEDAND, ADOPTED THIS: 24TH DAY OF SEPTEMBER, ,2024  -  Tmaam,Camyag  Commissioriet  c Morgan Baker, C  Precinctl  Seth Cox, Commissioner) Precinct2 S LBg Mark Brantley, Commissigner  Anthony: Robérts, Comimissioner Precinct3  *4  ESI:  hsk  Page 2pf2    vOL     Created for the Public Sector,  by the Public Sector  MissianSquare  RETIREMENT    A  VOL TT  PAGE 536  Delivering for You  and Your Employees  AtMissionsquare Retirement, we are your partners in public sector retirement planning. Foundedi in 1972, we were created for the public sector by the public sector, and our mission is simple: We are herei to help Our comprehensive; targeted approach combines educational tools andi innovative technology to help employees navigate important retirement decisions. We continually: adds solutions that offer quick, easy, and secure access to account information andi retirement planning resources, Our efforts concentrate oni improving client experiences and outcomes, Including increases! ini average participant contributioni rates, new enrollments,  public service employees build retirement: security.  and consistently high participation andi retention.  Tracking Our Success With You  AsofDec.31,2023  $74.2B  9,200  1.9M  AUMA  Employer Plans  Participant. Accounts  21 Created fort thel Public! Sector, byt the Public Sector    VOL TT  PAGE 537  Ourfund! lineup incorporates diversification ofi ideas, strategies, and asset classes, including equity, fixed income, target-date, target-risk, and stable value! investment options. Once an Investment lineup is selected and implemented, we partner with employersi to provide the tools to help them meet their fiduclary responsibilities and strengthen their  Atl MissionSquare Retirement, we're committed to helping public: sector employees achieve financial wellness and save for the retirement: they want.  relationships with their employees.  While working hard to care: for themselves andt their familles, employees deserve solid retirement plans in which they can invest fort theirfutures. Ourf focusi is on helping employers make such plans available.  Bythe Numbers AsofDec.31,2023  50 and the District ofColumbia States Served  29 Yeaks  225+  Average Client Tenure  Awards and Recognitions Won Since 2010  Created forthe PublicSector, by the Public Sector] 3    PAGE 538  Workinglow Toward  Financial Wellness  Wek believe everyone deserves a secure retirement. That's why for over 50 years, we've been helpingthose who serve their communities prepare fortheir financial future. With a focus on providing retirementplans, Investment options, and personalized service, we meetthe unique needs of our participants, making it easieri for Robust interactive learning tools and support are available for participants throughout all career stages, witha a focus on personal finance objectives such as budgetmanagement, retirement planning, college planning, debt  them to reach their goals at every step of their retirement journey.  management, saving for emergencles, and more. Our financial weliness program includes:  An easy-to-use personalized digital hub that gives participants access to tools, research, and data that can make it easier to take the next step toward improved firiancial health  Access to MissionSquare Retirement Plans Specialists and CERTIFIED FINANCIAL PLANNERTM  professionals whov work directly with participants  Retirement and: financial planning services that help participants save forthe longterm as  well as other personal financial goals  Education that actively engages participants with their retirement plans, makingi it easierfort them to navigate saving and take steps toward retirementreadiness andi their  future-whatever career stage they're in  Webinars, workshops, and individual consultations complemented by impactful technology and tools, including calculators and our mobile app, designed to build participants' confidence when making decisions about theiri financial wellness  41 Created for the Public Sector, by the Public Sector    VOLTT  PAGE 539  Wide Range of  Investment Products  "M  MissionSquare Retirement can provide a variety ofi investment options for defined contribution retirement plans such as 457(b), 401(a), 401(k), and 403(b) as well as IRAs.  Ourin-house funds employa mult-management approach thatapplies soundi investing principles to optimize return potential relative to risk.  Diverse investment options include target-date, target-risk, stable value, and lifetime income funds. These investments are supplemented with actively managed, index, stock, and bond funds to meett the savings needs ofall participants.  Tole learn more aboutourir investmentproducts, approach, and research, visit www.misionsg,ory.  *  Created: forthe PublicSector, by the Public Sector) 5    VOL - TT  PAGE 540  Moving Our  Mission Forward  It's in our name andi it'si in ourfocust to further expand our community outreach and advocacy programs.  For more information ont these programs, visit www.missionsgory.  Missin MEMORIAL Square SCHOLARSHIP  MissionSquare RESEARCH INSTITUTE  FUND  RETIREMENT  We founded the MissionSquare Retirement Memorial Scholarship Fund to honor local and state government employees who lost their lives ins service to their communities. Since 2001, the fund has awarded over 600 scholarships totaling $1.6 million to surviving children and spouses off fallen public service employees.  We founded the MissionSquare Research Institute to better understand the public workforce, and our research is used to attract and retain those In service to the public. Research areas include pensions, health benefits, compensation, employment practices, and best practicesi inworkforce wellness programs,  Advocacy  Partnerships  Wev workwith industry groups and meetwith! key congressional staff att thei federal level, as well as representatives att the state level, to share our perspectives on policies and legislation wel believe will positively impact plan sponsors and participants. These efforts reinforce our mission of helping public employees and their familles save: fori the  We partner with leading public-focused organizations, including ICMA, the National Association of Government Defined Contribution Administrators Inc., the Local Govemnment Hispanic Network, the National League of Cities, and the National Forum for Black Public Administrators.  retirement they want.  6 Created fort the Public Sector, byt the PublicSector    VOLTT  PAGE 541  MissionSquare Retirement  Executive  AsofDecember:  Leadership  31, 2023  Deanna-Santana AtingcEoAPresident  Jeffray Glbson, SF Acting ChlafProduct& Strategy Offcer   Catharine! Leggett SVR,ChlefHuman! Resources Officer  .  Angela Montez Chief.Legal, Corporate & Govarnment, Affairs Officer  Dal SVEChlefFinanclia  Lynne Smith SVP,Chlef Client Experience& TachnologyOflcar  du    Stave! Summars MVP, ChlafInternal, Auditor  Andrew Whiting SVF, ChlefSales Officer  Wayne-Wickor, CFAP SVP, Chiefinvesimentolicer  ib. Kathleen) Wilsons Acting ChiefMarketins Oflcer ssisides %  Created forthe PublicSector, by the PublicSector 7    Vo), TT  PAGE 542  MissionSquare  RETIREMENT  Getto Know Your  401(a) Money Purchase Plan  Amoney purchase plan can bey your primary source of retirement income or play a key supporting role. The more you know abouthow it works, the better you can plan foryour retirement.  Al Retirement Plan You Comtrol  An account inj your employer's 401(a)! Money Purchase Plan will helpyou build retirement: savings. Your account ist funded by contributions made The value of your account fuctuates based ont the performance ofthe You don'tpay anyt taxes on the money in your account until you Youl have flexible withdrawal options upon: separation from service. In the event of your death,your designated beneficiaries will receive  byyou and/oryour employer. investments you select. withdrawit.  the moneyi iny your account.  *  1    VOL TT  2 I Gett to Know Your 401(a) Money Purchase Plan  PAGE 543  Vesting  Youro ownership in employer contributions to the plan (ifapplicable) is determined byt the plan'svesting: schedule. Oh you make, as well as any associated earnings.  Coneributions Youa and your employer contribute toy your account eachy year based on asetf formula, which isc determined! byyour employer. See retirement: savings contribution limits at: www.mssionsgorg contributionlimits  You're vested (fully own) 100% ofa all contributions  Your ownership ofe  contributions  employer  is based  onavesting schedule in whichy you havet to worka certain numberofyears before being vested 100%.  Manage Your Investments  You control howt the money inj your account isi invested and can make changes ata anytime. Reviewt the available investments and the online resources MissionSquare Retirementoffers to! help you decide how toi invest contributions.  Guided Pathwayse MisslonSquare can help you decide how much to: save and howt to investthrough Guided Pathwayse* Findi more information: at: www.missionsgorg/ guidedpathways  Access to Your Money Based on your employer's plant rules, withdrawals may alsol be allowed whiley you're still working. When youl leave your employer, you can withdraw assets regardless ofthe reason and your years ofservice. Enjoyflexible withdrawal options forvested assets like: Withdrawal of your entire balance Periodic, partial withdrawals as you see fit such as monthly or quarterly, thatyou can Lifetime income payments  Installment payments ofad certain dolara amount and frequency,  masimentabhvandamalistmaisamplemdto particpanist throughMisionsquami Relirement,a ualyrgiseadinumsimetin: adviset.Investment MmsS - Expert,M ehstiugeac asyy IncN ast ManagementlICarer notafillaledwihl MissionSquate Relirement.A Alrightsresarved.? Thel Momingslarname andlogoa arer registeredr maisalMomingtazln. Farilbuatlahamutimemetra GuldedPathways" 7MauRuIaNe lasmmathshhHepes  change at anytime  After you reach age 73 or separate from service, whichever isl later, you'll be required to withdraw atl leasta a minimum  L amountfrom; your account each year, per IRS rules.  Ifplanr rules and/orl IRS rules againstyour vested assets throughal loan. Unlike with 457 plans, withdrawals prior to age 59% are subject tothel IRS 10% penalty tax uniess an exception separation from service in they year you turn age applies, 55 orl later. such as  allow, you can also borrow    VOL TT  PAGE 544  Gettol KnowYour 401(a)Moneyl Purchase Plan! 3  Roll-Ins  Learn More Gettoknowyour 401(a)plan: www.missionsgorg 401a Log in toy your account to manage your savings www.missionsgorg Check out tips and tools tol helpyous save, invest, andi retire: www.missionsgorg learn  After leaving; your employer, assets can be transferred- - or rolled In - to another eligible retirement plan withoutbeing taxed.  Designate Beneficiaries remaining assets upon your death.  You designate al beneficiary, or beneficiaries, to receive any Most plans require thati ifyou're marrled, your spouse is automaticallyyour! beneflciaryfor 100% ofyour account, unless Ifyou don'to designate! beneficlaries,your estate ist the default Assets may not be distributed peryourwishes. Assets are subjectt to probate costs, potential delays, and Non-spouse heirs may recelve fewertax! benefits. Beneficiaries control investment decisions, receive the most flexible withdrawal options allowed by law, ande aren'tsubject.to.  theyv waive this right. beneficiary, in which case:  creditor claims.  d    anya additional fees.  :"  ge, a a    VOL TT  PAGE 545  n  Founded in 1972, MissionSquare Retirement has helped more than 3 million people inj public service retire with confidence. MissionSquare isa a mission-based, nonstock, nonprofit, financial services company thatfocuses on delivering results-oriented retirementplans, education, investments, and advice for over 1.7 million publicparticipant accounts/Formorein information, Vatwww.misionsgorg,  MissionSquare  RETIREMENT  "AsofDecember: 31,2022  MisslonSqunral Retirament: 77N.CapltolSiros," NE, WatargeADC21024240  wwwmisalons,arg  60093-0323-51    VOKTT  PAGE 546  Missionsquare  RETIREMENT  Getto Know Your  457 Deferred  Compensation Plan  In addition to any pension or Social Security benefits you mayrecelve,your 457 deferred compensation plan offers simple and flexible ways to help increase your retirement savings for a more secure and confidenti future.  With your 457 plan, you're in control ofhow much you save and where you investt those savings, while also enjoying tax advantages. Contributions are made during your employment, and you can Your raccount's value is based on those contributions and subsequent  change, stop, and restartthem at any time.  Investment returns.  Earnings are not subjectto tax untlwithdrawn.  You have control over: Howyour money is invested.  How funds are withdrawn following, your separation from service. Who receives any remaining assets upon your death.    VOL TT  PAGE 547  2/Gettol Know' Your4 457 Deferred Compensation Plan  Contributions  Pretax contributions your make reduce yourtaxable income forthey year. These contributions and all associated earnings won't! bet taxed until you You also may! be able to make after-tax Roth contributions, ffoffered! by your employer. While they don'treduceyourt taxable income fort the year, future withdrawals may bet tax-free. Alternatively,you can contributetoa Rothl IRA. For more information,' Vatwmemisiongergle.  withdraw them-boosting: account growth.  Contribute what you can. For 2024, you can contribute upi to $23,000, or $30,5001 Ifyouareage 50 or over. More information about current contribution limits, including. Age! 50 Catch-Up and Pre-Retirement Catch-Up limits, is available at www.mssionsgorg contributionlimits. Q  Investment Control  Awide range ofinvestment options are availablei to helpyou) builda diversified portfolio. You control alll Investment decisions, including: Howi to manage youri investments on an ongoing basis.  How your contributions arei invested. Access to Your Money youre still working.  Based on your employer's plan rules, withdrawals may be allowed while When you leave your employer, you can withdraw assets regardless of the reason andy your years ofservice. Enjoy flexible withdrawal optionsf forvested assets like: Withdrawal ofyour entire balance, Perlodic, partial withdrawals: as you see fit.  Guided Pathwayse MissionSquare can help you decide how much tos save and howt to Investt through Guided Pathwayse* Findmore information at wwwmissionsgorg guicledpathways. a-Amda partidpants! throughMisionsquareR Rallroment,a aygamdimsimsahat Investment aM5d-wwirs aloya y EIYA AARA Momingstar .Memigaric-mllamiyer mrasimant.Mamgemmuucammotaflalaiwla MASA-4: Momiglarmameamilagesdl Mamnglarin-foratllm.lindmatlmmonour PEéta asimdaaen  Installment payments ofa a certain dollar amount and frequency, such: as monthly or quarterly, thatyou can change at: any time. Aftery you reach age 73** or separate from service, whichever is later, you'll be required to withdraw a minimum amount from pretax assets in your account each year, perl IRS rules. Ifp plan andlor IRS rules allow,you can also borrow againstyour vested assets through al loan. Beginning with RMDs due in 2024, Roth balances willl be excluded from the RMD calculation. Roth was required to! be part oft the RMD calculation  Lifetime income payments.  for RMDs due priorto. Jan, 1,2024. 457 plans are unique. Unlike with otherr retirement have to qualifyfor an exception to avoidi the  accounts, you don't 10% IRS penaltyt tax on  withdrawals ofyour contributions and associated earnings before age 59 V.. Just rememberi thatyour 457 plan is designed to helpy you meet your retirement goals. Any withdrawals priorto retirement:  youri future retirement: security.  mayreduce  -a.UAAMwUNawwAwww    VOLTT  PAGE. 548  Getto! Know' Your 457 Deferredo Compensation Plan! 3  Roll-Ins  Learn More Gettol knowyour 457 plan at www.missionsgorg 457, Logi int to your account to managey yours savings and visit MissionSquare's FinancialWellness Centeri for 100+ interactive and fun shortvideos, charts, calculators, articles, andtutorials. Getanswers to your questions abouto debt, emergency savings, college tuition planning, investing, retirement planning, and much more at www.mislonsgory.  Afteryoul leave your employer, assets can be transferred- or rolled in-t to another eligible retirement plan without! baing taxed.  Designate Beneficiaries  You designate a beneficiary, orl beneficiaries, to receive any remaining assets upon your death. Beneficiaries control investment decisions, receive the most flexible withdrawal options allowed by law, and aren'tsubject: to any additional fees. lfyou don't designate beneficiarles, your estate isi the defauitbeneficiary, in which case: Assets may not be distributed pery your wishes. Assets are: subjectto to probate costs, potential delays, and Non-spouse heirs mayi receive fewert tax benefits.  creditor claims,  Don't Delay - Start Saving Today! Saving now can help alleviate the pressure to catch up later. Starting early can give you: ani advantage due to compounding, in which your investments produce earnings from previous earnings.  $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 5100,000 $0 compoumdedihecky,.  ,  You atage 65: $686,674  Youe at age 65: $463,421 Start age:40 $100/blweckly Amualincrense, $20/biweckly  Startage: 25 $25/biveekly Annual increase: $10/biveckly  For!l llustrative purposes only.A Assumesann aficdivaamualrteoisy,    VOL TT  PAGE 549  Founded in 1972, MissionSquare Retirementhas helped more than 3 million people inj public service retire well. MissionSquare is ar mission-based financial services company thatf focuses on delivering results-oriented retirement plans, education, investments, and adviceforthose working ini the public sector. For more information, visit www.mssionsg.ory.  MissionSquare  RETIREMENT  MisslonSquaral Ratiromant777 N.Capitols Streot, NE, Washington, DC20002-4240  www.mlslong,org  63412-1123-06    VOL TT  PAGE 550  MissionSquare  RETIREMENT  What's the Difference?  457 Deferred Compensation VS. 401(a) Money Purchase Plans  457 Deferred Compensation Plans  401(a) Money Purchase Plans  Eligibility,  Employee Eligibility Any employee and any independent  Eligible employees are designated bythe employeri Int the plan's adoption agreement.  contractorwho has been designated! by the employer as eligible ont the Optional Provisions Election Form (OPEF).  Contribttions Contribution Limits Employer Contributions FICATaxes TaxTreatment  Vatymwemhionsordlcontlbutionlinik: to view current annual maximum contribution amounts. Voluntary. Vpialyftmledsolalylby employee contributions. Employer ande employee contributions are subjectto! FICAtaxes. Pre-tax contributionsi reduce participants' taxable! Income fort they year. Roth contributions may be allowed byt the reported as Income.  Your employer can contribute tot the plan and may require thaty you contribute also. Employer contributions are notsubjectto Contributions picked upl byt the employer are made pre-tax andr reduce participants' taxable income for they year. Employers elect Employee contributions are mandatory. Employees can make a one-time irrevocable decision to contribute: a specified percentage or dollar amount.. Voluntary after-tax contributions may be allowedbyt the employer and aret reported Elections relating to contributionst that are plcked up (Le., contributed; pre-tax) are Irrevocable and cannotl be changed.  FICAt taxes.  employer and are made on an after-tax! basis, whether ori not:  asi income.  Employee Contribution Flexibility  Contribution amount can be changed as circumstances change. Employees can stop contributing! Ifneeded.  O  (continued)    2/What'sthe VoL: TT  PAGE 551  Difference-4571 Deferred Campamstanv.40ulalemy, Purchase Plans  457 Deferred Compehsation Plans  401(a) Money Purchase Plans  Witidrawals Withdrawal Eligibility  Allowed upon separation from service, withoutrestriction. (ase electedh bye employer): Emergency Alterage59lkor70l Roll-ina assets  Allowed upon: separation from service. Thei following Insericevithdrawal: may Aftera age! 59h or70%2 aumay-teriaxcnuhutow: Roll-in assets Aftera attainmentofthe plan'snormal retirementage  Thei following! In-service withdrawals may: apply (as elected! by employer):  apply  Taxation of Withdrawals  Withdrawals of pre-tax amounts are subjectt toi federal and, in most After-tax and! Roth contribution amounts are withdrawnt tax-free. cases, state income taxes. Earnings associatedwithi Roth contributions are alsoy withdrawn tax-free I: 1. 5years) have passed since. January1 of they year ofyour first Roth contribution. 2. You're at! least 59% years old (or disabled or deceased).  10% Early Withdrawal PenaltyTax'  457 plan contributions and associated penaltytax. However, the penalty may: apply tor non-457 plan assets rolled Intoa4 457 plan ands ubsaquentywlhdmawn. priorto age! 59% unless ane exception applles.  Withdrawals priorto 59% exception applies.  age! are suhject to  earnings are nots subject to an earlywithdrawal a1 10% early withdrawal penalty tax, unless an  Requirad Minimum  Applles after age 732 or separationi from service, whicheveri isl later. Beginning with RMDs lfpermitted byyoure employer, your may be eligible toi takel loans from your account.  Distributions (RMDs) in: 2024, Roth balances willl be excludedi from the! RMD calculation. Roth was requiredt tol be due  oft the RMD calculatlon farl RMDs due priorto. Jan. 1,2024.  part  Loans Oins Rol-ins/Rollouts  You can rolli in assets from plans such as 401(a), 401(k), 457, 403(b), andt traditional IRAS. After youl leave emplayment,; you can request a roll-int to those plant types and/oral Roth IRA. you can alsol leave the moneyi in youra accounti until afteryour reach age 73, wheny you must Typically, begint taking annual withdrawals. Note: Roth assets in a 457 plan can onlyl bet rolled into al Roth RAorareirementplant with al Roth deferral feature (L.e., 457/401(K); plan).  Purchase of Service Credits  Permitted, ather than Roth assets.  Permitted.  "Seel Misslonsquarel Relirement'ss SperlalTax Notie Regarding Plan Payments art thel IRSI Instructionst for Form 53291 forn morei infarmation: penaltyt tax. Thisl Information! isfore educational purposes only.A MisslonSquare does notp providat taxork legal: advice,  about thei IRS 10earlywithdrawal  27D(fyouwarah homl lanalpli.gaziiyuw werei bom: afterJ June 30, 1949,andhafara.a Janmay1,1951,arage7 73(lfyouwereb boma after Derember31,1950),  MissionSquaral Retiroment: 7771 N,Capltol! Stroot, NE, Wathinge,Dc20024240  PABwmmalaieugeg  64528-0224-W1351    SUGGESTED RESOLUTION  FORALBESIATIVE BOD/REATINETOA457 DEFERRED GMARSERENP PLAN  Plan Number 30_ State: Texas  Name of Employer: Delta County, Texas Title of Program Coordinator: County Judge Resolution of the above named Employer ("Employer")  (see definition below fordutlesofl Program Coordinator)  WHEREAS, the Employer has employees rendering valuable services; and  WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the Employer by enabling itt to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, andby assisting in the attraction and retention of competent WHEREAS, the Employer has determined that the establishment of a deferred compensation plant to be WHEREAS, the Employer desires that its deferred compensation plan be administered by MissionSquare Retirement, and thatsome or ali oft the: funds held under such plan bei redhymagethat.aus established by public employersforthe collective investment of funds held under their retirement and deferred NOW THEREFORE BEITRESOIVEDthathei Employer hereby adoptsthedefered compensation plan (the "Plan")in  personnel; and  administered byMissionsquare Retirement serves the above objectives; and  compensation plans; the form of: (Select one)  The MissionSquare Retirement Deferred Compensation Plan and" Trust The plan providedk bythel Employer (executed copy attachedhereto).  BEITI FURTHER RESOLVED that the Employerhereby: adopts the Declaration ofTrust ofVantageTrust Company dated May 2001,intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequently established byt the Employer, if the assets of the plan are to be invested In the trust created by such Declaration of Trust(the Vantagelust')that: provides for the commingled investment of retirementunds. BEITFURTHER RESOLVED thatthe assets oft thel Plan shall be heldintrust, with the Employer serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any  other purpose.  BEITFURTHER RESOLVED thatthe mpoyerhetebyegreesto. servei astrustee undert thei Plan.  BEITFURTHER RESOLVED thatt the.  lepuapfelfainotnama.  albathacordhserlerins program; shall: receive nacesayreporsmotew, ete-fromMisionsquare etrementerVamagelnus: shall cast, onl behalf ofthe! EmpbopatymguidyotsumeVanagelast Administrative duties to carryoutthe plan may be assigned tot the appropriate departments,andis: authorizedto oARygNemaNN with MissionSquare Retirement incidental tothe: administration oft the Plan.  Janice Roberts  Couniy/District Clerk of the (City, County, etc.) of Delta County, Texas  ,do hereby certify that the foregoing resolution, proposed by. the County, Judge int the (Council, Board, etc.) of the (City, County, etc.) of. Deita County, Texas  int the at regular  (Council Member, Trustee, etc.) of Commissioners' Court meeting thereof assembled this, 24th day of September  was duly passed and adopted  2024 by the following vote:  AYES: NAYS: ABSENT;  (Seal)  Clerk of the (City, County, etc.)  59003-1022-W1291    VOL TT  PAGE 553  Tanner Crutcher From: Sent: To: Subject:  Gleveckas, Vainius VGedasemisiongay Thursday, August 29, 202410:07AM  Tanner Crutcher RE: Enrollment  Correct, the particlpants would pay all of the fees thraugh the expense ratios of the funds, and the annual  account. Haveawonderful day. Best,  $25  No fees tot the County.  per  Vainy Gleveckas Cell: 202-748-2789  Sr. Internal wnolesaler-nstitutional Sales MissionSquare  RETIREMENT  50 YEARS  From: Tanner MbrantcasaReNe Sent: Thursday, August29, 202410:54AM To: Gleveckas, Vainius Vdiveaemisbonsgar Subject: Re: Enrollment ARNA G G DOU GA Mr. Gleveckas,  eal OGH naeG OO GSe  OgaZaton:   gdan Gonel  gen aeua Anei  Thank yout for providing this proposal. Toc confirm, there would be no expenses incurred Delta this program to oure employees? Allfees are embedded within the performance oft their by  County for offering  portfolio, correct?  Thanks, Tanner  1    VOL,TT  PAGE 554  Tanner Crutcher, CountyJudge Delta County,Texas 200 West Dallas Avenue Cooper,Texas 75432  P: (903) 395-4400 ext. 9301 IE: (903)395-  2178  wwdelacuntyix.om  From: Gleveckas, Vainlus GERsenisrGr Sent: Thursday, August 29, 20249:35:48 AM  To: Tanner Crutcher <tcrutcher@delacountvixcomp; Whitman, Steven swnltmanemsicnder  Subject: RE: Enrollment GreetingsJ Judge Crutcher,  Ihave the pricing/service proposal attached for review, the plan priced out with MisslonSquare R1 shares (which Includes .80% recordkeeping and admin. fees embedded Ini the expense ratios oft the funds- no out of pocket), and $25 Once you have had time to revlew let me know Ifyou have questons/concerns. Next step would be once you let me know everything looks good Iwould have a drait Administrative Service Agreement: sent to you to review.  annual per participant: fee (paid by the participants who elect to enroil in the plan).  Have a wonderful day & enjoy the upcoming holiday weekend!  Best,  Vainy Gleveckas Cell: 202-748-2789  Sr. Internal Wholesalter-hnattutone: Sales MissienSquare  RETIREMENT  50e YHARS  From: Gleveckas, Valnlus Sent: Monday, August 26, 20243:56P PM Subject: RE: Enrollment  To: Tanner Crutcher <tcrutcher@deltacountvix.com>; Whitman, Steven swhtmanemisionsdor  Your welcome. Judge, M'II be Int touch soon.  2    VOL TT  PAGE 555  Have a wonderful dayl Best,  Vainy Gleveckas Cell: 202-748-2789  Sr. Internal Wiolesaler-Insthutional Sales MissionSquare  RETIREMENT  50 YIARS  From: Tanner Crutcher <tcrurcher@deltaceltacountvl.com> Sent: Monday, August 26, 20243:46PM Subject: Re: Enrollment  To: Gleveckas, Vainlus 6SsenESOTRGTPA Whitman, Steven whtmanemlsionsaarp  ARNING pSremal OngateGRr TFOI OUESIdeo es Oganzat  Doots OONE G ane 00 KDON Re Thankyou, sir! Tanner Crutcher, CountyJudge Delta County,Texas 200 West Dallas Avenue Cooper.Texas. 75432 P: (903): 395-4400 ext. 9301 IE: (903)395-2178 wwwdelaoumtylkom  ODeI  3  From: Gleveckas, Valnius Gsesemisiomser Sent: Monday, August 26, 2024: 2:44:59 PM  To: Tanner Crutcher UNEPANEasINPA Whitman, Steven swhlimanemisionsor  Subject: RE: Enrollment  Thank youi for the background information. Judge Crutcher, that'svery! helpful. Iwill puti ina a pricing request to find out what thet fees would be for the plan, this can take up to 8.business days. PI then put together a proposal ofs services  3    MissionSquare volprne ast ther recordkeeper and fees fora amisangta,PAGEA65.556atomstomow  toy you as: soon as possible fory yourr review.  Best,  Vainy Gleveckas Cell: 202-748-2789  Sr. Internal Wholesaler- Institutional Sales MissienSquare  1Ip, 50 YIARS  RETIREMENT  From: Tanner Crutcher <tcrutcher@detacountykx.com> Sent: Monday, August: 26,2 20242:36PM Subject: Re: Enrollment  To: Gleveckas, Vainlus <VGleveckas@missionsg,orp; Whitman, Steven swhmanemsionsaop  ARIN A G. hsena OGN Bae@ rOmOutside. OCRCOrean  Donot followw ldlan GE click ks, O1 DE  you KON the @Oia  HIV Vainy,  Delta County would bes setting this account up: as as supplemental retirement account. We arei a member ofthe" Texas County and DIstrict Retirement: System (TCDRS). This is a 20y year retirement account, 7% deposit rate, and a 200% The 457 would bea a: supplemental deferred compensation; program fort thes employees to: select their desireto  employer match.  participate, determine their individual contributions, and manage their accounts.  Approximately 50 employees would be eligible to participate.  Thanks, Tanner Tanner Crutcher, CountyJudge Delta County,Texas 200 West Dallas Avenue  4    Cooper, Texas, MOL TT P:(903)395-4400 ext. 98011E-909385-4178 wwaelacaintyikon  PAGE 557  From: Gleveckas, Vainius <VGleveckas@misionsq.org> Sent: Monday, August: 26, 20241 11:04:28/ AM  To: Tanner Crutcher terutcher@deltacountylxcom>; Whitman, Steven htmanemsionson  Subject: RE: Enrollment Greetings. Judge Crutcher,  lwould bel happy to answer questions, and walky you through getting a 457 plan set up fort the Delta County. Will this be anew plan orwilll MisslonSquare be taking over a plani from an existing provider? Also, how many employees would be eligible to participate int the plan? Ifyou can share with me what the needs arei forar retirement plani for Delta County  that would be great.  Thank you, and Hlooki forward tol hearing fromy you.  Best,  Vainy Gleveckas Cell: 202-748-2789  Sr. Internal Wiolesaler-nstitutonat Sales MissienSquare  RETIREMENT  50e YEARS  From: Tanner Crutchers <tcrutcher@derace/racountyl.com> Sent: Monday, August: 26,202411:56AM To: Whitman, Steven syntmanemsonder Cc: Gleveckas, Vainlus dessenbsionsr  Subject: Re: Enrollment  ARNINGY S eall O OEROONG GH Ol kinow the GOpte  OpsOutsIdeo OPCIDE  e Oga MAG  8 aue  -Thank you, sirl llooki forward tol hearing from him.  5    Tanner CrutcOL TT CountyJudge Delta County,Texas 200 West Dallas Avenue Cooper,Texas. 75432 P: (903) 395-4400 ext. 9301 IE: (903)395-2178 wwwelacntyk.on  PAGE 558  From: Whitman, Steven swntmanensonter Sent: Monday, August 26, 202410:55:24AM To: Tanner Crutcher tcrutcher@deltacountylx.com> Cc: Gleveckas, Valnlus Secssenisonscre  Subject: RE: Enrollment Judge Crutcher,  No problem, and thanky you for reaching back.  As a Retirement Plan Specialist my jobi is to assist on the participant level for plans that are already established. Ifyour looking to establish a whole plan for Delta County employees then Iwould like to referyou to Vainius Gleveckas,  one of our Senlor specialist.  l've Cc'd him Int this reply and leave you in his capable hands.  Thankyou, Steven Whitman Retirement Plans Specialist  Click here to schedule an appointment with Steven  MissionSquare Retirement 777N. Capitol Street, NE Washington, DC20002 Desk: (202) 759-7115 Cell: (202) 603-3693 eFax: (888) 681-9879 Emall: whtmanomisinsders Web: www.missionsg.Or  MissionSquare  RETIREMENT  From: Tanner Crutcher terutcherOdeltacountyl.com> Sent: Monday, August 26, 20249:06AM To: Whitman, Stevens <htmanensontor Subject: RE: Enrollment  6    VOL TT  PAGE 559  ARNING: iSemian O  Donotfoow guB Can  OSA  B 0p  egaeza  ee  Goodi morning, Steven,  Ihavel been somswhat delinquent! in setting up ar meeting withy yout to set up an appointmentto discuss setting up a 457 retirement savings accounti for Delta County's emplayees, the processi ford doing so,any costsi incurred by  Delta County, and howwe can facilitate this movingforward.  Ihopet tol heart fromyousoon. Respectfully, Tanner  Tanner Crutcher, CountyJudge Delta County, Texas 200 West Dallas. Avenue Cooper, Texas, 75432 P:( (903)395-4400 ext. 930111 B: (903)3952178 wwwdelaountylxom  COUT  DISCLAIMER:T Thls clectronlemessago: anda any flest transmittedi withit, are confldential: andi Intended: solelyf for the use oft thel Indlvidual or entitytov whomt tlieyara addrassed. lfyou! have recelvedt this emalll Ine arror, please deletet ther message arr notliyTechnlca!: Support. Pleaser notet thata anyv views ard opinlons presented! Int this emall: ares solelyt thosed oft the: authora andd dor notr necessarllyr rapresent those ofDeita Ccunty. Ther reciplent: should checkt this emaila and: anyattachments fort the OFENE REÇORDS NOTICE: This emall anda anyr reponsesmayhesabjec: Io the7 Texas Open Recordsl lawsand mayb bet discosed to thep publict upont request.  presenced ofviruses. Delta Countyaccepts nol labllty for any damage caused bya anyvlrus transmitted! bythise emall.  From: Whitman, Steven wntmanemsonsderp Sent: Thursday,June: 20,20244:52PM Tà: Tanner Crutchers <tcrutcher@deltarelacountyb.com>  Subject: Enrollment Tanner,  I'ms sorryi for not getting to you earller.  Butlwast told you were looking for more information regarding setting up a 457: account.  Iwouldi love go over anyi information your looking for. Please uset the linkl below to: set an appointment with me.  Thank you,  Steven Whitman Retirement Plans! Speclalist  7    VOL TT  PAGE 560  Click here to schedule an appointment with Steven  MisslonSquare Retiremient 777N. Capitol Street, NE Washington, DC20002 Desk: (202) 759-7115 eFax: (888)681-9879 Emall: whtmanemisbonaas Web: www.cmarc.org  MissionSquare  RETIREMENT  Notice: This message isi intended onlyforuse! byt the person or entity to which iti is addressed. Becauseit may contain confidential information intended solelyfort the addressee, you are notified that any disclosing, copying, downloading, distributing, or retaining oft this message, and any attachedfiles, is prohibited and mayl be a violation of state orf federal law. Please notifythe sender and delete this  message and all attached files ifyoul have received this message in error.  8    1  VOLTT  PAGE'561  DELTA COUNTY CLERKS' OFFICE RECORDS. ARCHIVAL PLAN FOR FY2025  i.  Statue  Senate BII- 1731 enacted! hyt the 7gth Legislature oft the State ofTexas, subsection (e): Sectjon 118.011, Local Government Cade-5 Section: 118.025 Lacal Government Code (b),t to enablet the Commissioner's Courtt to adopt'a Records Archive Fee, Thei fee must bes set and itemized Int the County's Budget as part ofthe Budget i Preparation process. Thet fee for "Records Archive" under: section 118.001 (e)! is for preservation: and; restoration: services performed! by the County Clerkin connection with maintaining: a county recordsyarchive. SB! 526 passed byt the 79thTexas Legislature: repeals the! Local Government Code, Section; 118.025 (aj14) regarding definition of "Records Archive" as public documents: flled with the County Clerkbefore. 1990 and adds language toa allow the County Clerkt to designaterecordsi that are part oft records'archivéplan, Jnuary 1, with approval of Commissioner's Courtl Ina a publicmeeting. The! bill repeals thel Local Government Cade 118.011 (e), and: 118.025 (K), relating toi the expiration date of September 1, 2008. House BII- -1 1513 passed byt the 83-d Legislative! Session amends Section 118.011 (b) and (f  Local ofthel  Government  Codet tol Increase the: amount of the County Clerk's Records Archive (assessed wihen a non-court  document is presented! to the County Clerkf for recording or fling) from noti moret than $5.00 to nop moret than $10.00, Thel increased feei is sett tor revert to the "not more than $5.0p" amounts on September: 1, 2019. Effective September 1, 2019, the maximum allowable archive fee willl bej permanent. Itwas scheduledt to be reduced to at maximum $5f fee on 9/1/19, but SB 658 oft the 86"Texas Leglslature. made the current$10,,  makimum allowable amount ap permanent figure.  I  I.  Purpose  The County Clerk wishes tat take advantage oft thei newi legislation that is designed to assist the county In preserving all Archived Records. This extrai feet for each document filed or recorded, Isi tol be dedicated,to that task. Although the office is progressivel Int the preservation of current records, utillzingt the! Records Management Fees, funding has not been sufficient to "Archive" the older documents that! have pricéless historicvalue. In order to preserve ande enhance the Integrity andi rellabillty of the exlstings system for recording and preserving public documents; the County Clerk: seeks to preserve existing original records restoring or re-creating! books, digitizing older microfllm and paper records, re-Indexing dldhandwritten by and types Indexed records andi Importing newly created Images and data Into the existing computer system.  II. Revenue  Projected revenue from. January 2025. - December 2025 Monthlya average ofp publlc documents filed=150 $10.00 per doaumetX15O-S13000 S4s.XEmams-sisom.  -  I    VOLTT  PAGE 562  -  IV. Restoration and Preservation Projects The Goal of the County Clerk'soffice Is to: Digitize all official public records.  Modernize and upgrade old records systems Int the office. Continuei to add records andi information to existing computer system. Eliminate or reduce manual lookups and searches. Expediter record searching by! having more records avallable for electronicretrleval. Provide more public information via the Internet. Preserve original records by reducing dally manual psage.  Project for FY 2025  The vast majority of the permanent records In the County Clerk's office are paper based and have been mlcroflimed for security backup. Most ofthese records are used on a dally basis byi the public and are venerable to wear and tear. My goallst to completethe Imaging ofall original deed recordings Into our computer system so that coples can be assessed electronically by the  public.  Projects for future years:  )  Digitalre-creation, Indexing oft thei followingr records:  Probate Records Bond Records  V.  Length of Project  I  Due to the enormous volume of records in thei Delta County Clerk's Office, the records archival projects willl be: an  ongoing prpcess for manyy years to come,    VOL TT  PAGE:563  :  is  SUMMARY  The Legislature. has provided: at means to ralse revenue: for the: records management and preservation of older : county records. The: records archive "user" feei is an alternative to raising taxes ars spending general fund monies to accomplisht these projects. This plan willl bei implemented! inj phases as moneyi is accrued and anyicontract, services willl be donet through standard purchasing procedures. Approval and! Implementation of the plan wil 1  Insuret the! preservation of priceless historical records fort future generations.  County  Aaso  CA-1F-2024  Date    PAGE 564  VOLTT  STATE OF TEXAS COUNTY OF DELTA  ORDER TO. ADOPT RECORDS A ARCHIVAL PLAN IN COUNTY CLERK'S OFFICE WHEREAS, Local Government Code, Section 118.011/f) enables'the CammisonCpatippdya Records: Archive Fee, fort the. préservation andr rèstoration: services performed) byt the County Clerk in connedtion WHEREAS, a Commissioners' Court approved the collection ofa Records Archive'Fee of$5.00to commence on. January: 1, 2012, whichi the County Clerk's office will collect att the time of filligjorrecording ofa any WHEREAS, Sections 118.011 (b) and (f) ofthel Local Govèrnmênt Codev was amiénded toj incréase the amount oft the County Clerk's Records Archives Fee assessed when a-non-court cmetispresente.totae County Clerki for recording ori filing from notr moret than $5.00 tor not more: than $10.00; WHEREAS, with: approval from the Commissigners' Courtthe County Clerkwill collect al Records. Archive Fee of $10,00 whenan non-court document. Is presented for recording or filing with saidi fee to commence.anpary, WHEREAS, Effective Séptember 1, 2019, SB 658 oft the 86th Texas Legislature made-the current$10 WHEREAS, théf fees shall be deposited ina separate Records Archive Account in the General Fund.ofthe WHEREAS, after Commissioners' Courtapproval oft the CountyClerk's Records Archival Plan,and thé NOW THEREFORE, BE IT ORD.ERED bythe Commissioners Court of Delta County,pursuant: to. the Local Government Code, Section 118.011 (0 hereby adopts the County Clerk's Records Archival Plan. Further,the fees collected, may be expended.only: for the preservation: andi restorationlofthe County Clerks Retards-Archive: The funds may not! be: used to purchase, lease, or develop computer soharetogeogaplialx, index.public  with maintaining a CauntyClerksrecords: and: archjve; public recdrd, excluding a state: agency;  2018 untir September, 2019; thef fee will thent revertto $5.00; maximym allowableamount. ap permanentfigure;  County;  Plan peingacceptedasi presented;  records for current recordings.  ADOPTED this2 24th day of September 2024.  DELTA COUNTY COMMISSIONERS COURT -  Tanner Crutcher, Gounty. Judge   Pct. #2, Seth Cox  Baker  Commissioner, EB  tE  - Pct. #3, Anthony Roberts  LRA  Commissioner, Pct. #4, MarkErantley  p6  Attest  Clerk  1  adhs    VOL TT  PAGE 565  CONTRACTDOCUMENTS FOR Delta County FOR July2024 TDA CDV23-0322 HEI #218007 COUNTY OFFICIALS  Delta County Roads Reconstruction  County Judge. Precinct 1 Commissioner. Precinct.2 Commissioner. Precinct 3 Commissioner, Precinct 4 Commissioner. County Treasurer County Clerk.  Tanner Crutcher Morgan Baker Seth Cox Anthony Roberts Mark Brantley .Debbie Huie Janice Roberts  Copyright 2024, Hayter Engineering, Inc.  HAVTER ENOINEERING  4445 SEL LOOP: 286 PARIS, TEXAS75460 (903)7 785-0303  Practical Infrastructure Solutions MMITS.AamssIORPPSHEBIAIRKRSA Texas I Oklahoma I Arkansas    VOL TT  PAGE 566  -  TABLE OF CONTENTS  Advertisement: for Bids. Instruction tol Bidders.. Special Instructions tol Bidders Bid Bond. Bid.  17 18 21 .26 .27 .28 29 31 .32 .33 34 .35 36 .37 .40 .42 .43 .49 50 .54. .58 .59 .60 61 .64  Noncollusion Affidavit ofPrime Bidder..  Contractor Certification Regarding Civil Rights Laws and Regulations. Section 504 Certification- 1-Policy ofNomdisorimination on the Basis ofDisability  Contractor'sLocal Opportunity Plan.. Proposed Contracts Breakdown. Certification Regarding Lobbying. Disclosure ofLobbying Activities.  Instruction for Proposed Contracts Breakdown and Estimated Project Workforce Breakdow..30  Instructions for Completion of SF-LLL, Disclosure ofLobbying Activities. Instructions for Completing the Certificate ofl Interested Parties Form 1295. Statement ofBidder's Qualifications (Funding Agency Required).  Certificate ofinterested Parties Form 1295. Statement ofBidder's Qualifications (Owner).  Notice of Award.. Agreement. Performance Bond. Payment Bond.  Contractor's Resolution on. Authorized Representative  Certificate ofLiability Insurance Example.. House Bill 89 Verification, Chapter 2252 Certification. Section 3 Statement.  Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements.--62  Conflict ofInterest Questionnaire Form CIQ    VOL TT  PAGE 567  Attorney's! Review Certification. Notice to Proceed. Construction Confract Change Order.. Release by Subcontractors and Suppliers Certificate ofConstruction Completion. Consent ofSurety tol Final Payment.  66 .67 .68 .70 .71 .72 73 .74 75 .76 .77 .88 .93 94 .97 113  Contractor's Release ofLiens and Acknowledgement ofFinal Payment Due..  Section 3 Requirements for Outreach and Reporting. Section 3. Policy. Issuance for Construction Contracts. Federal Labor Standards Provisions HUD 4010..  Section 3 Definitions.. Title 291 Labor.  Policy Issuance CDBG: 23-01. Minority/Female Goals and' Timetables. Required ContractProvisions Technical Specifications. APPENDIX Wage Rates  Standard General Conditions Supplemental General Conditions TDA General Conditions    VOLTT  PAGE 568  CONSTRUCTION  ADVERTISEMENT AND INVITATIONI FORJ BIDS  Delta County will receive bids for TDA CDV23-0322, Delta County Road Reconstruction until  on  at200 W.: Dallas Avenue, Cooper, TX 75432, where bids will be  publicly opened and read aloud.  Bids are invited for several unit price items ofwork, including roadway pulverization and oil sand Bid/Contract Documents, including Drawings and Technical Specifications are on file at Hayter  pavement.  Engineering, Inc., 4445SELoop 286, Paris, TX 75460, 903-785-0303. Contract Documents are available: for free download at www.civcsts.com.  Contract Documents are available from engineer pdf download free of charge. Call Hayter A1 bid1 bond in the amount of5 percent ofthe bidi issued by an acceptable surety shall be submitted with each bid [for those contracts that exceed $100,000]. A certified check or bank draft payable to Delta County or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of The project to be constructed will be financed with assistance from the Texas Department of Agriculture (TDA) under the U.S. Depariment ofl Housing and Urban Development Community Development Block Grant(CDBG) program and is subjecttoalla applicableFederal. and State laws and regulations. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Depariment ofLabor and contained in the contract documents, must be paid on this project. In addition, the successful bidder miust ensure that employees and applicants for employment are not discriminated against because of race, color, religion, se%, sexual orientation, gender identity, or national origin. Adherence to the grant recipient's Section 3 Policy is required for contracts and subcontracts. All contactoréubcontasiors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. Minority Business Enterprises, Small Business Enterprises, and Women Business Enterprises, and Historically Underutilized Business firms are encouraged to Any contract(s) awarded under the. Ad for Bids is/are subject to the Buy. America Build America Act Delta County: reserves the rightt toi reject any or all bids or towaive any informalities in the bidding. Bids may bel held by Delta County foraperiod not to exceed 90 calendar days from the date ofthe bid opening for thej purpose ofreviewing thel bids and investigating thel bidder's qualifications prior  Engineering, Inc. at 903-785-0303 for more information.  the Bid Bond.  submit bids.  (BABA), section 70914 ofPublic Law No. 117-58, SS 70901-52.  to the contract award,  1    VOL TT  PAGE 569  Delta County (date)  Tanner Crutcher. County Judge  2    VOLTT  PAGE 570  INSTRUCTIONS TO: BIDDERS  1. Define Terms  Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions, The term "Bidder". means one who submits a Bid directly to OWNER, as distinct from as sub-bidder, who submits al bidt to al Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and: responsive Bidder to whom OWNER (on the basis OfOWNER'S evaluation: as. hercinaferpovida)maks an award. The term "Bidding Documents" includes the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of  Bids).  2.  Copies ofBidding Documents  2.1 Complete sets of fhe Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from ENGINEER. Any refund of  said deposit shall be as described in said. Advertisement.  2.2 Complete esets ofBidding Documents: must bei usedi in preparing Bids; neither OWNERnor ENGINEER assumes any responsibility for errors or: misinterpretations resulting from the  use ofincomplete sets of Bidding Documents.  2.3 OWNER and BNGINEER, ini making copies ofBidding Documents available on the above terms, do so only for the purpose ofobtaining Bids on the Work and doi not confer a license  or grant for any other use. Oualifications ofBidders  3.  To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER'S request, written evidence, such as financial data, previous experience, present commitments, other data outlinedi int the SiatementofBidders Qualifications herein, and evidence of Bidder's qualification to do business in the state  where the Project is located. Examination ofDocuments  4.  4.1 It is the responsibility ofeach Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or: furnishing ofthe Work, (C) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the  Contract Documents.  -  3    VOL TT  PAGE 571  4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site, ifany, is based upon information and data fumished to OWNER and ENGINEER by owners of such Underground Facilities or other, and neither OWNER nor. ENGINEER assume: responsibility for the accuracy or completeness  thereof.  4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the  General Conditions.  4.4 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site, or ofherwise which may affect costs, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and fumishing the Work in accordance with the time,  price and ofher terms and conditions offhe Contract Documents.  4.5 Onrequest in advance, OWNER will provide each Bidder access to the site to conductsuch explorations andt tests as eachl Bidder deems necessary for submission ofaBid. Bidders shall fill all holes, cleanup and restore the site to its: former conditions upon completion of such  explorations.  4.6 Thel lands upon which the Workist obepetomairielidfwsy: and easements foraccess thereto and ofher lands designated fori use by CONTRACTOR inj performing the Work are identified: in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage ofi materials and equipment are to be provided by CONTRACTOR. Easements for permanent siructures or permanent changes in existing structures are to be obtained and paid for by OWNER unless ofherwise provided in the  Contract. Documents.  4.7 The submission ofa Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing fhe Work required by the Contract Documents and such means, methods, techniques,sequences orp procedures ofconstruction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding ofall  terms and conditions for performance and furnishing oft the Work.  5.  Interpretations and Addenda  5.1 All questions about the meaning or: intent oft the Contract Dacuments are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only  4    VOLTT  PAGE 572  questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, whether by ENGINEER, orby any officer, agent, or employee OfOWNER or ENGINEER, or any other person. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by  OWNER or ENGINEER. Bid Security  6,  6.1 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of fiver percent (5%) ofthel Bidder's maximum Bid price and in fhe form ofa certified or bank check or a. Bid Bond (on form attached, ifa form is prescribed) issued by as surety,meeting  the requirements ofthe General Conditions.  6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the. Agreement and furnished the required contract security, whereupon the Bid security will be: returned. If the Successful Bidder fails to execute and deliver the Agreement and furish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited, The Bid security of other Bidders whom OWNER believes to have as reasonable chance ofreceiving the award may be retained by OWNER until the earlier ofthe seventh (7t) day after the Effective Date of the Agreement or the ninety-first (91:) day after the Bid opening. Bid security with Bids which are not competitive will be retained no more than seven (7) days after the Bid opening. In the event that Bid Security isi in the: form ofa Bid Bond, it will: not be physically returned to the Bidder, except on written request.  7.  Contract Time  The number of calendar days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract  Time) are set forth ini the Bid: Form and the Agreement,  8.  Liquidated Damages  Provisions for liquidated damages, if any, are set: forth in the Agreement.  9.  Substitute or "Or-Equal" Items  The Contract, if awarded, will be on the basis of materials and equipment described in the drawings ors specifications without consideration ofpossible substitute or "or-equal" items. Whenever: iti is indicated. in the Drawings or specified in the Specifications that a substitute or "or-equal" item ofmaterial or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the. Effective Date ofthe. Agreement. The procedure for submission ofany such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and: may be supplemented in the Technical Specifications.  5    VOL TT  PAGE 573  10. Subcontractors. Suppliers and Others  10.1 Ifthe OWNERrequests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date oft the. Agreement, the apparent Successful Bidder, and any other. Bidder so requested, shall within seven (7) days after the Bid opening submit to OWNER a list ofall such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and otherevidence ofqualification for each such Subcontractor, Supplier, persons or organization, if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other persons or organization, either may before the Notice of Award is given, request fhe apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid: security ofany Bidder. Any Subcontractors, Suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date oft the. Agreement, as provided in Paragraph 6.06.B of  the General Conditions.  10.2 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other persons or organization against whom CONTRACTOR has reasonable objection.  11. BidForm  11.1 The Bidi Form is included with the BiddingDocuments; additional copies may be obtained  from ENGINEER.,  11.2 All blanks on the Bid: Form must be completed in ink or by typewriter.  11.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence ofauthority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state ofincorporation: must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose titlemuste appeart under the signature and the official address ofthep partnership must  be shown below the signature.  11.5 All: names must be typed or printed below the signature.  6    VOLTT  PAGE 574  11.6 Thel Bid shall contain an achmowledgmentofitecptofallAdiemda (ther numbers ofwhich 11.7 The address and telephone number for communications regarding the Bid must be shown.  must be filled in on the Bid Form).  12. Submission ofBids  Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which fhe Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. Ifthe Bid is sent through the: mail or other delivery system, the sealed envelope shall be enclosed! in a separate envelope with the notation "BID ENCLOSED" on  the faceofit.  13. Modification and Withdrawal ofBids  13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be  submitted at any time prior to the opening ofl Bids.  13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction OfOWNER that there was amaterial and substantial mistake! in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned, Thereafter, that Bidderwilll bec disqualified from furtherbidding on the' Worktobeprovided  -  under the ContractDocuments.  14. Opening ofBids  Bids will be opened and read aloud publicly. A tabulation of the Bids will be made  available to Bidders after the opening ofBids. 15. Bids to Remain Subiect to Acceptance  All bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid  Security prior to that date. 16. Award of Contract  16.1 OWNER: reserves the right to reject any and all Bids, to waive any and all informalitiesnot involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest ofthel Project to make  7    VOL TT  PAGE 575  an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or: fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication ofunits of Work and unitprices will bei resolved ini favorofther unit prices. Discrepancies between the: indicated sum of any column of figures and correct sum thereof will be resolyed in favor of the  correct sum.  16.2 In evaluating Bids, OWNER will consider the qualifications ofthel Bidders, whether orn not thel Bids comply with thej prseribedrgpirements, and such alternates, unitprices and other data, asi may be requested in the Bid Form orpriort to the! Notice of Award.  16.3 OWNERmay consider the qualifications and experience ofSubcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items ofmaterials and equipment proposed for incorporation in the Work when such data  is required to be submitted prior to the Notice of Award.  16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in fhe evaluation of any Bid to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and ofher persons and organizations to perform and fumish the Work in accordance with the Contract Documents to OWNER'S  satisfaction within thej prescribed time.  16.5 If the contract isi tol be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award willl bei in thel besti interests ofthel Project. 16.6 Ifthec contract ist tol be: awarded, OWNER will give the SucesshBidderaNlticeofAward  within ninety days after the day oft the Bid opening.  17. Contract Security  The Contract. Documents set forth OWNER'S: requirements ast top performance and payment Bonds. When the Successful Bidder delivers the executed. Agreement to OWNER, it mst  bes accompanied by the required performance and payment Bonds.  18. Signing ofAgreement  When OWNER gives al Notice of Award to the Successful Bidder, it willl be accompanied by the required number of unsigned counterparts oft the. Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within thirly (30) days thereafter, OWNER shall deliyer one (1)fully signed counterpart to CONTRACTOR.  8    VOL TT 19. Pre-bid Conference  PAGE 576  No pre-bid conference will be held, 20. Power ofAttorney-Bonds  Attorneys-in-fact, who signs Bid Bonds, Performance Bonds, or Payment Bonds, must file with each bond, a certified and effective dated copy oftheir power-of-attorney.  21. Retainage  From each partial payment made to the CONTRACTOR, an amount equal to five (5) percent will be retained until after the completion of the Work to the Satisfaction of the  ENGINEER. 22. Venue  If any legal action is filed upon the bid, performance or payment bonds, or upon the Contract itself, venue shall lie in the County in which the project site is located.  23. Delivery and Use ofBlectronic Files  In accepting and utilizing any drawings, reports and data on any form of electronic media from the Engineer, CONTRACTOR agrees that such files are: instruments of service ofthe Engineer, solely for this particular Project. The CONTRACTOR agrees not to reuse these electronic files for any purpose other than of the Project. The CONTRACTOR agrees to waive all claims against the Engineer resulting from any unauthorized changes to orreuse ofthe electronic files for any ofherproject, to includel buti not limited the plot/printscale of In the event of a conflict between the hard-copy construction documents and record drawings prepared by the Engineer and the electronic files, the signed and sealed hard- Ina addition, the CONTRACTOR: agrees, tot tiehllesteatemtpemmitei by law, toi indemnify and hold harmless the Engineer, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attoreys' fees and defense costs, arising from any changes made by anyone other than the Engineer or from any reuse ofthe electronic files, to include but: not limited the plot/print scale of drawings. 24. Conflicts Disclosure Statement (Section 176.003 in Chapter 175 ofthe Local Government A. A local government office shail file a conflicts disclosure statement with respect to  D  drawings.  copy construction documents shall govern,  Code)  a vendor if:  D  9    VOL TT  PAGE 577  the vendor enters into a contract with the! local governmentai entity or the local governmental entity is considering entering into ac contract with the vendor; and  2) the vendor:  I. has an employment or otherbusiness: relationship with thel local government officer or a family member ofthe officer that results ini the officer or: family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes award that: () a contract between the local governmental entity and vendor has been executed; or (i) thelocal governmental entity is I. has given toi the local government officer or a family member ofthe officer one or more gifts thathave an aggregate value ofmore than $100 in the 12- month period preceding the date the officer becomes aware that: () a contractbetween the local government entity and vendorhas been executed; or (r) the local governmental entity is considering entering into a contract with the vendor; or has a family relationship with the local government  considering entering into a contract with the vendor;  office,  A-1. A local government officer is notrequired to: file a conflicts disclosure statement: in relation to a gift accepted by the officer or a family member ofthe officer ifthe gift is: (1) a political contribution as defined by Title 15, election Code; or (2) food  accepted as a guest.  A-2. A local government officer is not required to file a conflicts disclosure statement under Subsection (a) if the local governmental entity or vendor described by that subsection is an administrative agency created under Section 791.013, Government  Code.  B. A local government officer shall file the conflicts disclosure statement with the records administrator of the local governmental entityn not later than 5 p.m. on the seventh business day after the date on which the officer become aware ofthe facts  that require the filing ofthe statement under Subsection (a).  25. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.  a. The work to bej performed under this contract is subject to the requirements of section 3 ofthe Housing and Urban Development Actof1968, as amended, 12U.S.C. 1701u (section 3). Thej purpose ofsection 3 isto ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to Iow- and very low-income persons, particularly  persons who are: recipients ofHUD assistance for housing.  10    VOLTT  PAGE 578  b. Thej parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would c.The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision ofthe subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The Contractor will not subcontract with any subcontractor where the contractor. has notice or knowledge that the subcontractor has been found in violation oft the regulations in 24 CFR d. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunities to such workers are identified in the TXCDBG Project  3  prevent them from complying with the part 75 regulations.  part 75.  Implementation Manual.  26. [For Contracts 100.000 and Over) Firearm Entities and' Trade Association Discrimination  CONTRACTOR verifies that: (I)it does not, and will not for the duration ofthe contract, have apractice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 ofthe' Texas Government Code doesi not apply to the contract, Ifcircumstances: relevant to thisp provision change during the course ofthe contract, Respondent shall promptlynotify. Agency.    27. Access to Information  a) TheU.S. Department ofHousing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, the Texas Depariment of Agriculture (TDA), and the City/County, or any of their authorized representatives, shall have access to any documents, papers, or other records oft the Contractor which are pertinent to the TXCDBG award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the  City's/County's? TxCDBG contract with' TDA.  b) Contractor shall include the substance ofthis clause in all: subcontracts it awards.  28. Records Retention  The Contractor shall retain all required records for three years after the City/County makes  its final payment and all pending matters are closed.  3  11    VOL TT  PAGE 579  d) Contractor shall include the substance ofthis clause in all subcontracts it awards.  29. [For Contracts > $100K1Overtime Requirements  No Contractor or subcontractor contracting for any part of the Contract work which may require or involve fhe employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a: rate not less than one and one-half times his basic rate ofpay for all hours worked in excess of401 hours in such work week, as the  case may be.  30. [For Contracts > $150K] Clean Air Actand the Federal Water Pollution Control Act  The Contractor or subcontractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental  Protection Agency (EPA).  31. FOR CONTRACTSSI0000. AND OVERI Verifiçation No Boycott Israel  As required by Chapter 2270, Government Code, CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "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 aj person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an  action made for ordinary business purposes.  32. Foreign Terrorist Organizations  Pursuant to Chapter 2252, Texas Government Code, CONTRACTOR represents and certifies that, at the time of execution ofthis Agreement neither CONTRACTOR, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same () engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or () is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Govemnment Code. The term "foreign terrorist organization" in this paragraph has the: meaning assigned to such term in Section 2252.151 ofthe Texas Government Code.  33. Gender Neutral - Gender References  When necessary, unless the context clearly requires ofherwise, any gender-specific or gender-neutral term in this Contract (for example, he, she, it, etc.) is to be read as  referring to any other gender or to: no gender.  )  12    VOL TT  PAGE 580  34, Equal Opportunity Clause Iapplicable to contracts and subcontracts over $10,000J. During thej performance oft this contract, the Contractor agrees as follows:  a) The Contractor will not act against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin, Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment: advertising; layoff fort termination;: rates ofpay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color,religion, sex, sexual orientation, genderidentity, ) The Contractor will not discourage or in any ofher manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee whol has access to the compensation information ofother employees or applicants as apart of such employee's essential job functions discloses the compensation of such ofher employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legai duty to furnish d) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies oft the notice in conspicuous places The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity," and of the rules, regulations, and relevant  provided setting forth the provisions ofthis mondiscrimination clause.  orI national origin.    information.  available to employees and applicants for employment.  orders oft the Secretary ofLabor.  f) The Contractor will furnish all information and reports required by Executive Order11246 of September 24, 1965, and by rules, regulations, and orders ofthe Secretary ofLabor, or pursuant thereto, and will permit access to his books, records, and accounts by the  D  13    VOLTT  PAGE 581  administering agency and the Secretary ofLabor for purposes ofinvestigation to ascertain  compliance with such rules, regulations, and orders.  g) In the event of the Contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any ofthe said riles, regulations, or orders, this contractmay be canceled, terminated, or suspended in whole or inj part and the Contractor may be declared ineligible for further Government contracts or: federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 ofs September 24, 1965, or by rule, regulation, or order ofthe Secretary ofLabor, or  as otherwise provided by law.  h) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions ofparagraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofLabor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so fhat such provisions will be binding upon each stibcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct asar means ofenforcing such provisions, including sanctions fornoncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a: result ofsuch direction by the administering agency the Contractormay: request the United States to enter into such litigation to protect  the interests ofthel United States.  35. Section 109 ofthe Housing and Community Development Act of1974.  The Contractor shall comply with the provisions of Section 109 of the Housing and Communityl Development Act of1974. Noperson ini the United States shall on fhe ground ofrace, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity fimded in  whole or inj partwith funds made available under this title. 36. Section 504 Rehabilitation Act of1973. as amended.  The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason ofhis/her disability, be denied the benefits of, or be: subjected to discrimination, including discrimination in employment, mder any program or activity receiving federal  financial assistance.  )  14    VOLTT  PAGE 582  37. Agel DhimimtignActof19y5.  a  a) The Contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any  program or activity receiving federal financial assistance.  38, Payment Processing  Payment under this contract must be processed through the Texas Depariment of Agriculture, Receipt of payment from the Grant Recipient may take at least 451 to 60 days  from the time ofpay estimate approval by the project engineer.  39. Wages and Salaries  Attention is particularly called to the requirement ofpaying not less than thej prevailing Davis Bacon Related. Acts (DBRA) wage rates specified in the Contract Documents. These: rates arei minimums to be paid during the life of the contract. It is therefore the responsibility oft the Bidder toi inform themselves as to local labor conditions.  40. Certification Regarding Lobbying  Contractors who apply or bid for an award of$100,000 or more shall provide the: required certification that it will not: and has not used Federal appropriated flnds toj pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other  3  award covered by 31 USC $ 1352. 41. Compliance withDavis-Bacon. Act  All Iaborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally andi notl less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by Iaw and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary ofLabor, United States Department ofLabor, pursuant to the. Anti-Kickback Actl hereinafter identified), the: full amount due at time of payment computed at wage: rates notl Iess than those contained in the wage determination decision ofsaid Secretary ofLabor (ac copy of which is attached in appendix as Wage Rates and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor: andsuchi laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the City/County: for the cashing of the same without cost or expense to the employee. For the purpose oft this clause, contributions made or costs reasonably anticipated under Section 1 (b).(2) oft the Davis-Bacon Act on behalf of laborers or mechanics are considered wages  D  15    VOL TT  PAGE 583  paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, flnds, or programs, but covering theparticular weekly period, are deemed tol be constructively: made ori incurred during such weekly period. The Contractor and its subcontraotors shall not, by any: means, induce any person employedi lin the construction, completion, orrepairofpublic work, give up any part of the compensation to which he or she is otherwise entitled. The  City/County must report all suspected or reported violations to' TDA.  J  16    VOLTT  PAGE 584  FICHALINSTRICTIONS TO: BIDDERS  The following forms are: required tol be returned: in the Bid Package submitted by the BIDDER:  1. 5%1 Bid Security. Bid.  2. 3. 4. 5. 6. 7. 8, 9.  Noncollusion Affidavit ofPrime Bidder.  Certification of] BIDDER Regarding Civil Rights Laws and Regulations. Section 504 Certification: Policy fNondiscrimination on the Basis ofDisability.  Executed Section 31 Policy, Contractor's Local Opportunity Plan. including Section 3 utilization). Certification RegardingLobbying.  Proposed Contracts Breakdown (expected subcontractors and labor classifications,  10. Disclosure ofLobbying Activities (fapplicable). 11. Conflicts ofl Interest Questionnaire.  3  12. Statement ofBidder's Qualifications fimingagamsyrepin),  3  17    EJCRETT ENGINEERS JOINI CONRACI DOCUMENTS COMMITTEE  PAGES SBSFORM  BID BOND  MTATE-BAITGNTANEN BXECUTING DONDSMUSTATEARG GRETEAETNSTGMACANESNCLAL STESENNNAEESS FROIECTRIDCATED. Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where  applicable.  BIDDER (Name and. Address):  SURETY (Name and address ofPrincipal. Place ofBusiness):  OWNER (Name and. Address):  BID BOND  Bid Duel Date: Bond Number: Date: Penal Sum:  Description ProjeetNme-Incihule Location):  (Words)  (Figures)  Surety and: Bidder, intendingto bel legally bound, hereby subject to terms set forth below, do each cause  -  this Bidi Bond tol be duly executed by an authorized officer, agent or representative.  BIDDER  SURETY  (seal)  (Seal)  Bidders Name and Corporate Seal  Surety'sName and Corporate Seal  By:. Signnture PrintName Title Attest:  By: Signature Print Name Title Attest:  Title  Title  Note: Addresses are tol bèt used: for giving any required notice. Provide execution by any additional  parties, such asj joint venture, as necessary.  EICDCP C-43D, Bldi Bond (PenalSum Form). Pubiished2013. Preparad! byt thel Engineerslolnt Contract Dacuments Committee.  Page 18of3  18    ENGINEERS JONT CUNIKACI EICRGETT DOCUMENTS COMMITEE  PAGE  586 PENAL: SUME FORM  1.Bidder and Surely,jointly and: severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default ofBidder the penal sum seti forth on thei face ofthis Bond. Payment ofthe penal sum ist the extent ofBidder's and Surety's liability. Recovery ofsuch penal sum under thet terms ofthis Bonds shalll be Owner'ss sole and exclusive remedy upon default ofBidder. 2.1 Default ofBidders shall accur upon the failure ofBidder to deliverwithin thet time required by the Bidding Documents (or any extension thereofagreed to in writing by Owner) the executed. Agreement required by the Bidding Documents and any performance: and payment bondsre required by the Bidding Documents.  3. This obligation. shalll be null and voidi if:  3.1 Owner accepts. Bidder'sBid: and] Bidder delivers within the time required by the bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Dacuments, or 3.3 Owner fails toi issueaNoticeof Award tol Bidderwithin thet time specifiedi in thel Biddingl Documents (or any extension thereofagreed toi iny writing byl Bidderand, ifapplicable, consented tol by Surety when 4. Payment under this. Bond willl be due and payable upon default ofE Bidder and within 30 calendar days after receiptbyBidderands Surety ofwritten: notice of default: from Owner, which notice willl be given withreasonable promptness, identifyingt this Bond andi the Project and including a statement ofthe: amount due. 5.5 Surety waives notice of: any and all defenses based on or arising out ofany time extension to issue Notice of Award agreed toi in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall noti in the aggregate exceed 120 days from the Bid due date without Surety's written 6.No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required inj Paragraph 4: above is receivedby) Bidder and Surety and in no case later than one year after thel Bid 7.Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction Iocated in 8.1 Notices required hereunder shall be in writing and sent to Bidder and Surely at their respective addresses shown ont thei face offhis] Bond. Suchi notices may bes sentby personal delivery, commercial courier,orbyUnited States Registered or Certified Mail, refum receipt requested, postage pre-paid, and shall be deemed to be 9. Surety shall cause to be attached to this Bond a current and effective Power of Attomey evidencing the authority ofthe officer, agent, orrepresentative who executed this Bond on behalfofSuretytoe execute, seal, and 10. This bondi is intended to conform to all applicable statutory requirements. Any mpplcwablereguirement: cofany applicable statute that hes been omitted from this Bond shall be deemed to be included herein as if set forth at length. Ifany provision ofthis] Bond conflicts with any applicable statute, then the provision ofsaid statute shall govem and the remainder offhis Bond that is noti in conflict therewith shall continue in full force and effect.  3.2. Alll Bids are rejected by Owner, or required by Paragraph 51 hereof).  consent. due date.  the state in which thel Projecti is located,  effective upon: receipt by the parly concemed. deliver such: Bond and1 bind the Surety thereby.  11. Thei term' "Bid" as used herein includes a Bid, offer, or proposal as applicable.  EICDCPC-430,! Bld Bond (PenalSum! Farm). Puhlished2013. ProparedhytheE Engineers. Jolnt ContractD Documents Committen.  Page: 19 of3  19    VOLTT  PAGE 587  PLACEHOLDER  Bid Bond Power of. Attorney  )  20    VOLTT  PAGE 588  BID  PROJECT NAME: Delta County Road Reconstruction PROJECTNUMBER: TDA CDV23-0322 & HEI #218007 THIS BID IS SUBMITTED TO: Delta County  1.  The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fumish all Work as specified ori indicated in the Contract] Documents for the ContractPrice and within the ContractTime indicated in this Bid and in Accordance with the other terms BIDDER accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid: security. This Bid will remain subject to acceptance for ninety (90) days after the day ofBid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of In submitting this Bid, BIDDER represents, as more fully set forth in the. Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following  and conditions of the Contract Documents.  2.  OWNER'S Notice of Award.  3.  Addenda, receipt of all which is hereby acknowledged:  Number  Date  (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the  Work.  (c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing the work att the contract price, within the contract time and: in accordance with the other terms and conditions of the Contract Documents, and no additional  21    VOL TT  PAGE 589  examinations, investigations, explorations, tests, reports or similar information or (d) BIDDER has reviewed and checked all information and data shown ori indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of any and all underground facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said underground facilities are or will be required by BIDDER in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including peaiiellytieptovison: ofParagraph 4.04 ofthe General Conditions. (e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions  data are or will be: required by BIDDER for such purposes.  -  ofthe Contract Documents.  () BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written  resolution hereofbyENGINEER is acceptable to BIDDER.  (E) This. Bid: is genuine and: not made ini the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER. has notsolicited ori induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any  advantage over any other Bidder or over OWNER.  22    VOL TT  PAGE 590  4.  BIDDER will complete the Work: for the followingprice():  BID SCHEDULE ESTIMATED OUANTITY 1LS 1LS  UNIT PRICE $_ $ $ $ $ $ $ $_  TOTAL PRICE $_  NO. 1. 2. 3. 4. 5. 6. 7. 8.  DESCRIPTION  Mobilization. Traffic controlplan.  4" Thick Oil Sand Pavement Coating. 6,371SY 4" Thick Oil Sand Pavement Coating  190SY  on Driveways.  2" Thick Oil Sand Pavement Coating. 3,659SY 2" Thick Oil Sand Pavement Coating 330SY  $_ $_ $ $ $_ (FIGURES)  on Driveways.  Pulverize Existing Street 8" Deep. Pulverize Existing Street 10" Deep.  3,659SY 6,371SY  TOTAL: BID;  (USE WORDS)  ALTERNATE BID ITEMS  ESTIMATED OUANTITY 3,989SY 6,561SY 6,561SY 10,030S SY  UNIT PRICE $ $ $ $ $  TOTAL PRICE $ $ $ $_ $  NO.  DESCRIPTION  A1. 2"StiffOil in lieu of Oil Sand, A2. 4" StiffOili in lieu of Oil Sand. A3. 2"Oil Sand in lieu of4 4" Oil Sand. A4. Mix 3% Cement into 6" of  (No.5&6) (No.3&4) (No.3&4)  Pulverized: Base Material. (No.7&8) A5. 2" Type DI HMACand: Prime Coat in 10,550SY Lieu ofOil Sand. (No.3,4,5,&6)  23    VOLTT  PAGE 591  A6. Backfili Roadway Shoulders. (IfA5. is Selected only) A7. Pulverize Existing Street 6" Deep inj lieu of8"/10" (No.7&8) A8. Extend 8" ofPulyerization further alongroadway. A9. Extend 10" ofPulverization further alongroadway. A10. Extend 2" Oil Sand further along roadway. A11. Extend 4" Oil Sand further along roadway. TOTAL ADDITIVE ALTERNATES:  6,763LF 10,030SY  $_  $ $ $ $  $ $ $ $ $ $ a (FIGURES)  1SY 1SY 1SY 1SY  (USE WORDS)  5.  BIDDER agrees that the Workwilll be subatantialycompleied and ready: for final payment within 120 calendar days after the date when the Contract Time commences to mun, as BIDDER accepts the provisions of the Agreement as to $184 per calendar day liquidated  provided in the General Conditions.  damages in the event ofi failure to complete the Work on time.  6. The following documents are attached to and made a condition oft this BID:  (a) Required bid security in the: form of  7.  Communications concerning this Bid shall be addressed to the address of BIDDER  indicated below.  8. The terms in this Bid, which are defined in the General Conditions of the Construction Contract, included as part ofthe ContractDocuments have the: meanings assigned to them  in the General Conditions. SUBMITTED on  20  Of the above total = Base Bid, $ incorporated in the Work, and $  is for materials actually  is for all other costs.  24    VOL TT  PAGE 592  IF BIDDER IS: An Individual: By. doing business as Business Address: Phone Number: *****: APartnership: By.  (Seal)  (Individual's Printed Name and Signature)  (Seal)  (Name of] Firm)  (General Partner's Printed Name and Signature)  Business Address: Phone Number: A Corporation: Name of Corporation: State ofIncorporation: By.  (Printed Name ofl Person Authorized to Sign and Signature)  (Title)  Attest: Business Address: Phone Number: A Joint Venture: By. Address: By. Address:  (Corporate Seal)  (Printed Name and Signature of Secretary)  (Printed Name and Signature)  Phone:  (Printed Name and Signature)  Phone:  (Bach joint venture must sign. The manner of signing for each individual, partership and corporation that is a party to the joint venture should be in the manner indicated above.)  25    VOL TT  PAGE 593  NONCOLLUSION AFFIDAVIT OF PRIME BIDDER  State ofTexas County of  )  being first duly sworn, deposes and says that:  (1) He/She is submitted the attached Bid;  of  the Bidder that has  (2) He/She is fully informed respecting the preparation and contents ofthe attached Bid and of  all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is notacollusive or sham Bid;  (4) Neither the said Bidder nor any of its officers, pariners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly orindirectly with another Bidder, firm or] person to submita collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly orindirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price ofany other Bidder, or to secure through any collusion, conspiracy, conmivance or unlawful agreement any advantage against the  (Local Public. Agency) or any: person interested in the proposed Contract; and  (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any ofits agents, representatives, owners, employees, or parties in interest, including this affiant.  (Signed)  Title  Subscribed and sworn to mei this  day of  By:  Notary Public  My commission expires  26    VOLTT  PAGE 594  CONTRACTOR CERTIFICATIONS U.S, Depariment of Housing and Urban Development  CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS  INSTRUCTIONS  CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requlring Federal Contractor: to Includes practices related tor race, color, gender, religlon, national origin, disability, and firing, veterans' rights. promofion practices. This  adopt and ablde by equal employment opportunlty and ailrmatlve acllon Ini thelr hiring,  and  NAME AND ADDRESS OF BIDDER (include ZIP Code)  CERTIFICATIONBY: BIDDER  Bidder has parlicipated in a previous contract or subcontract subject fo Civil Rights Laws and Regulations.  a Yes  D No  The undersigned hereby cerilfles that:  a The Provision ofLocal Tralning, Employment. and Business Opportunitles clause (Section 3 provision)  The Equal Opportunily clause is included ini the Contract (if bid equals or excesds $10,000). Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?  Is Included int the Contract.  D Yes  D No  NAME AND TITLE OF SIGNER (Please type)  SIGNATURE  DATE  27    VOL TT  PAGE 595  SECTION: 504 CERTIFICATION  POLICY OFI NONDISCRIMINATION ON THE. BASIS  OFDISABILITY  The  does not discriminate on the basis of disability in  the admission or access to, or treatment or employment in, its federally assisted programs or  activities. (Name) (Address)  O  City  State  Zip  Telephone Number ( ).  Voice TDD  has been designated to coordinate compliance with the nondiscrimination requirements contained int thel Department ofHousing and Urban Development's (HUD)regulations: implementing Section  504 (24 CFR Part 8. dated June 2, 1988)  28    VOLTT  PAGE 596  CONTRACTOR'SLOCAL OPPORTUNITY PLAN  (name ofcompany) agrees to implement the following  specific affirmative action steps directed at increasing the utilization oflower income residents and A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the projeot area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), UrbanI League, Concentrated Employment Program, Hometown C. To maintain a list of ail lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas ofher than the covered project area, are also let on a negotiated basis, F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in G. To insure that all appropriate project area business concerns are notified of pending sub- H. Tomaintainrecords, including copies dfomepondemamaama, etc., which document that I. To appoint or recruit an executive official of the company or agency as Equal Opportunity J. Tomaintainrecords concerning the amount andmmberofcontacts, S subcontracts, and purchases K. Tomaintain records ofall projected work forceneeds for all phases ofthe project by occupation, trade, skill level, and: number ofpositions and to update these projections based on the extent to  businesses within the City of  implementing the affirmative action plan.  Plan, or the U.S, Employment Service.  exists. these goals.  whenever feasible, in a covered project area,  this effort,  contractual opportunities.  all ofthe above affirmative action steps have been taken, Officer to coordinate the implementation ofthis plan.  which contribute to objectives.  which hiring meets these Local Opportmity objectives.  As officers and representatives of  we the undersigned have read  and fully agree to this Pian and the Grantee's Section 3 plan, and become a party to the full  implementation oft the program and its provisions.  Signature  Printed) Name  Title  Date  29    VOL TTInstructions for Proposed Contracts BreakdowPAGE 597  Estimated Project Workforce Breakdown  Proposed Confracts Breakdown for Section 3* electrical, plumbing, concrete, boring, etc.)  Type of Contracts - list all construction, materials, or other types of subcontracts (for example:  No. ofContracts Amount of contracts under this category Approximate Total Doliar. Amount - Total amount of each contract  Estimated Percentage of Contract to Local Business What percentage of each type of contract willl be awarded to a Section 3: Business Concern (seel below for definition)?: For example: will you Estimated $. Amount to Local Business - How: many dollars will be spent locally for each type of  hire any local employees or subcontractors?  contract? For example: will you hire any local employees or subcontractors?  Estimated Project Workforce Breakdown  Work Classifications- - Classification ofproject employees as defined on Wage Rate  Total Estimated Positions -List the number employees for each work classification will you need Number ofPositions Currently Filled- - List the number of estimated positions you currently have NmberofPositions Not Filled-Listt thei number ofe estimated positions you currently do not have Number ofPositions to Fill with Low to Moderate income Residents - List the number of local residents earning low to moderate incomes that you plan to employ to fill the estimated positions  ont this project filled filled  notfilled  *Definition of Section 31 Business Concerns:  a). Businesses that are: 51 percent ori more owned by Section 3 residents;  b) Businesses whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3: residents, or within three years offhe date offirst employment c)Businesses that provide evidence ofa commitment tos subcontract in excess of25 percent of the dollar amount ofail subcontracts to be awarded to businesses that meet the qualifications  with the: firm were Section 3 residents;  described above; or  d). Businesses located within the Grant: Recipient's jurisdiction that identifies themselves as Section 3 Business Concerns because they provide economic opportunities for low- and very low income  persons.  30    VOLTT  PROPOSED CATACTEREATDONFAGE 598  Type of Contracts No. of  Approx. Total Estimated No. to  Estimated $ AmountLocal Business  Contracts Dollar. Amount  local Business  ESTIMATED: PROJECT MORRTORCEIREAKDOVA  Work. Classifications  Total Estimated No. ofPositions No. ofPositions' No.ofPositions  Positions  Currently Filled  notFilled  to: fillwith L/M Residents  Totals  31    VOL TT  PAGE 599  Certification Regarding) Lobbying  (to be submitted with each bid or offer exceedingsi0n,00)  Theundersigned certifies, to the best ofhis or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person fori influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding ofany Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or moditication ofany Federal contract, (b) Ifany funds other than Federal appropriated fimds have been paid or will be paid to any person fori influencing or attempting to influence an officer or employee ofa any agency, a Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report (c) Thet undersigned shall require that the language paragraph I and 2 ofthis anti-lobbying cerlification be included ini the award documents for all subawards at all fiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. S 1352 (as amended by the Lobbying  grant, loan, or cooperative agreement,  Lobbying," in accordance with its instructions.  all subrecipients shall certify and disclose accordingly.  Disclosure Acto of1995). The Contractor,, disclosure, ffany.  certifies or affirms the truthfuiness and accuracy of  each statement ofi its certification and disclosure, if any. In addition, the Contractoru understands and agrees that the provisions of31 U.S.C. $3 3801 et seq., apply to this certification and  Signature of Contractor's Authorized Official  Printed Name and' Title of Contractor's Authorized Official  Date  32    VOLTT  PAGE 600  INSTRUCTIONS) FOR COMPLETION OF SE-LLL, DISCLOSURE OTLOBBYINGACTVITES This disclosure forms shall boc complcted1 by thei reporting entity, whether subawardcs orprime Federal recipient, at the initiation orr receiptofacovered) Federal action, or aI materini change to aprovious filing, pursuantt tot title 31 U.S.C. section 1352. The filing ofa formi is requiredi for eachy payment or agreement tor make payment to: any Iobbying entity for toi influence and officer ore employee ofa any agency, aMember of Congress, and officer or employea influencing or an or attempting of Member of Congress in connection with a covered Federal action, Complete: alli items that apply ofCongress, for botht the initial employeed filing and material change report. Refert tot thei implementing guidance published byt the Office ofManagement: andl Budget: forz additional 1) Identify the type ofo covered Federl action for which Iobbying: activity is andfor has been secured toi influence the outcome  information.  ofac covered) Federal action, 2) Identify the status ofthec covered) Federal: action,  3) Identify the approprinte classification oft this report. Ifthisi isai followup report caused byam material change to the information previously reported, enter they year and quarter in which thec change occurred, Entert the date oft the Iast 4) Enter thet fullt name, address, city, State and: zip code oft ther reporting entity. Include Congressionn!! District, ifknown. Check the approprinte classification ofther reporting entity thatd designatesifitis,t or oxpects tol be,aprime or subaward recipient. Identify thet tier ofthes subawardce, e.g, the firsts subawardee ofthey prime is the 1stt tier. Subawards includebut 5) Ifthe organization filing ther report ini item 40 checks" "Subawardee," then enter the full: name, address, city, State andz zip 5) Enter ther name ofthet federal agency making thes award or loan commitment, Include atl least ono organizational level below agency name, ifknown, For example, Department ofT Transportation, United States Coast Guard. 7) Enter thel Federal program name or description: for the covered. Federal action (item 1). Ifknown, enter tho full Catalog of Federal Domestic. Assistance (CFDA) number for grants, coopcrative agreements, loans, and1 loan commitments, 1 Enter ther most appropriate Federali identifyingr number avallable for the] Federal action identified ini item 1 (e.g., Request for Proposal (RFP)mumber; Invitations for) Bid (IFB): number; grant announcement number; thec contract, grant, or loant eward number; the ppllcation/proposal. control mumber assigned byt the Federal agency). Included prefixes, e.g," RFP-DE-90- 9) Foracovered) Federal action wheret there! has been ant award orl Iomn commitment byt thel Federal agency, entert thel Federal 10) Enter thei full name, address, city, Stater and: zipo code ofthel lobbyingr registrant under thel Lobbying Disclosure. Act of1995 engaged by thei reporting entityi identifiedi ini item 4toi influence the coyered! Federal action. (b) Enter thei full names ofthe individuni(s) performing services, and include full address ifd different from IO(). Enter Last Name, Firstl Name, and  previously submitted reportbyt this reporting entity: fort thisc covered Federal action,  arei notl limited tos subcontracts, subgrants and contract awards under grants. code ofthep prime! Federal: recipient. Include Congressional, District, ifknown.  001."  amount ofthet award/loan commitment: fort thej prime entity identified: in item 40 or 5.  Middlel Initial (MI).  II) Thec certifyingo official shall: sign and datet thet form, print! his/her name, title, andt telephone: number.  According to thc) Paperworkl Reduction Act, aS amended, noj persons arei required toi respond tor a collection ofi information unless itd displays avalid OMB controil Number. The validOMB control number: fort thisi information collectioni is OMBI No. 0348-0046. Publici reporting! burdent for this collection ofinformationi is estimated to ayorage 10r minutes perr response, including time for reviewing instructions, scarching exisling datas sources, gathering and maintaining the datz needed, and completing and: reviowing the collection ofi information. Send comments: regarding thel burden estimate ora any others aspectofthis collection ofinformation, including suggestions: forreducing thist burden, tot the Office ofMenagement: and Buge,PepwekPatston Froject (0348-  0046), Washington, DC20503  33    VOL TT  PAGE 601  Disclosure of Lobbying Activities (See reverse for public burden disclosure)  Complete this form to disclase lobbyng activitles pursuant to 31 U.S.C. 1352  1. Type of Federal Action: a. contract b. grant C. cooperative agreement d. loan e. loan guarantee f.k loan insurance Prime  2. Status of Federal Action: 3. Report Type:  a. bid/dferlapplication b. Initial award c.posl-award  a. Inltial fillng b.r material change  1. Name and Address of Reporting Entity:  2. IFR Reporting Entify in No. 41 is Subawardee, Enter Name and Address of Prime:  Subawardes Tier  if Known:  Congresslonal DIstrict, If known: 3. Federal Department/Agency:  Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, lfapplicable: 9. Award Amount, lFknown: address ifdifferent from No. 10a) (last name, first name, M):  4. Federal Action Number, ffknown: (ifindividual, last name, first name, M):  $  10. a. Name and Address of Lobbylng Registrant b. Individuals Performing Services (including  11. Information requested through this form Is aufhorized by tifie 31 U,S.C. section 1352. This disclosure of Iobbying activitles Is ai material reprasentation offact upon which rellance was placed Print Name: by fhe tler above when this transaction was made or enfered Into. Thls disclosure Is raquired pursuant fo 31 U.S.C. 1352. This Information willl be reported to the Congress semi-annually and willl be avallabla for public Inspection. Any person whot falls fot file fhe required disclasure shall ba subject to a civil penalty of not Iess than $10,000 and not more fhan $100,000 for each such  Signature: Title: Telephone No.:  Date:  fallure.  Authorized: for Local Reproduction Standard Form -LLL (Rov.7-97)  34    VOLTT  PAGE 602  Instructions for Completing the Certificate ofInterested Parties  Form 1295  Pursuant to Texas Government Code, Section'2252.908 (the "Interested Party Disclosure Act"), a municipality may not award a contract unless the vendor submits a Certificate of Interested Parties Form 1295 (the "Disclosure Form") as prescribed by the Texas Ethics This notification will serve as conditional acceptance ofyour proposal until the Disclosure Form is received. Delta County must receive this prior to executing your contract but no Iater than 21 days after this notice. Please promptly submit the: materials The Disclosure Form can be found at] tp/omryshisiasselxe/bmm129Sands and reference should be made to the following information in order to complete it:  Commission,  described below.  (a) item 2-Name of entity: Delta County (b)item 3 - Identification number: TDA CDV23-0322 (c) item 3 - Description: Delta County Road Reconstruction  You: must:() complete the Disclosure Form electronically at the (i) print, sign and deliver a copy (scanned and emailed is fine) of the Disclosure Form and Certification ofFiling that is generated by  TEC's "electronic portal", and the TEC's "electronic portal."  The following link will take you to the electronic portal for filing: htp/sygehisstlale/oginlertoginif  NeitherDelta County nori its consultants have the ability to verify fhe information included in a Disclosure Form, and neither have an obligation nor undertake responsibility for advising any business entitywith respect to the proper completion ofthe Disclosure Form.  35    VOLTT  PAGE 603  Form 1295  CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 61 IE there are Interested parties. Complele Nos. 1,2,3, 5, and BIEN thera are no inlerested parties, Name ofbusinuss entity flingf form, andt tho cily, nlates and country of! thol buslnoss Namo ofp governmantale anilly orstator agoncy that Is aparly tol tho contract for Provido thal Identification: numbor unad! by thas govarnmoninl ontily ars stato agoncyt to! provldendosariplient of! Iho survicos,goods,t or otherg proporly to! hop providedu  FORM 1295 OFFIOEUBEONLY  antity'splace dfhusinoss. whicht tho form! lst boing fllod.  thac contract,  andp  agkprdontily! - hooontract. * Chatume ofIntatast (ahock appllenhlo) Cantrlllng  Namo ofintorustodParty  City, Slato,o Country (placer  Intormodlary  a  Z  My My Exaculedin,  and: myd dolo olbithla_ (ly) an tho, doy  (airaot) County, Slato of.  (stato) (apeoda) (counly) (monlh) (ycar) (Doclaron!)  penalyo olpaduyt that mhe foregolng ist truo: ando conacl.  A  Signaliro o! autharizod agont ct contracling businoss anly  ADDADOTIONALPAGES, ASI NECESSARY  Formprovideitby? Taxns Elhics,Cammission  wiwohicsalat.ikus  Revlsad 12/22/2017  36    VOL - TT  PAGE 604  STATEMENT OF BIDDER'S QUALIFICATIONS (Funding Agencv Required = must be turned in with bid)  -  All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. Ifnecessary, questions may be answered on separate attached  sheets. The Bidder: may submit any additional information it desires.  Date: Bidder (Legal Name of Firm). Date Organized Name of Owner(s). Address_ Date Incorporated Federal I Number:  Number ofYears in contracting business underp present name_  List all other names under which your business has operated in the last 10 years:  Work Presenfly Under Contract:  Contract  Amount $  Completion Date  Type of work performed by your company:  Total Staffemployed by Fimm (Break down by Managers and Trades on separate sheet):  Have you ever failed to complete any work awarded to you? Yes No  (Ifyes, please attach summary of details on a separate sheet. Include brief explanation of cause  and: resolution)  Have you ever defaulted on a contract? Yes No (Ifyes, please attach summary of details on a separate sheet.)  Has your organization had any disbarments or suspensions that have been imposed in the past fives years or that was still in effect during fhe five year period or is still in effect? n Yes No (Ifyes, list and explain; such list must include disbarments and suspensions of officers,  principals, partners, members, and employees ofyour organization.)  37    VOLTT  PAGE 605  List the projects mostrecently completed by your firm (include project of similar importance):  Project  Amount $ Mo/Yr Completed  Major equipment available for this contract:  Are you in compliance with all applicable EEO1 requirements? Yes No (Ifno, please attach summary of details on a separate sheet.)  Are you a Section 31 business? Section 3 Business Concerns;  (see below) Yes  No  a) Businesses that are 51 percent or more owned by Section 3 residents;  b) Businesses whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years ofthe date ofi first employment c)I Businesses that provide evidence of a commitment to subcontract: in excess of25 percent tof the dollar amount ofall subcontracts tol be awarded to businesses that meet the qualifications d): Businesses located within the Grant Redipien'sjuridiction that identifies themselves as Section 3 Business Concerns because they provide economic opportunities for low- and very low  with the: firm were Section 3 residents;  described above; or income persons. Bank References Address: City & State: Credit available: $.  Contact Name: Phone. Number:  Zip:  Has the firm orl predecessor firm been involved in al bankruptcy or reorganization? Yes No List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last: five (5): years with amount ofclaim and briefd description. List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5): years and brief explanation of claim and Attach resume(s) for the principal member(s) ofyour organization, including the officers as well as  (Ifyes, please attach summary of details on a separate sheet.)  outcome.  fhe proposed superintendent: fori the project.  O  38    VOLTT  PAGE 606  Signed this Signature  day of  20  Printed Name and' Title Company Name  Notary Statement:  being duly swor, says that he/she is the  Position/Title  of  (Firm Name), and  hereby swears that the answers to the foregoing questions and all statements therein contained are true: and correct. He/she hereby authorizes and requests any person, firm, or corporation to furnish  any information: requested City/County of comprising this Statement of Bidder's Qualifications. Subscribed and sworn before me this  in verification ofthe recitals  day of  20_  Notary Public Signature Printed Name My Commission Expires:  The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.  39    VOL TT  PAGE 607  STATEMENT OF BIDDER'S QUALIFICATIONS  (Tobesubmitted! by the! BIDDER, ONLY upon the request of the OWNER) To allow the OWNER to determine the lowest responsible BIDER, the following information  shalll be provided. Attach separate sheets as needed.  1. Name OfBIDDER  2. 3.  Type oforganization, i.e., corporation, sole proprietor, - parinership, etc.  Permanent main office address.  4. When organized.  5. Ifac corporation, where incorporated.  6.  State how many years have you been engaged in the contracting business under your present firm or frade name and give all other names under which your organization has  operated in the last 10 years.  7. State the name oft all corporate officers, or partners, or the owners, as appropriate. 8. State the company tax identification: number, or, ifas sole proprietor, the proprietor'ssocial 9. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates and current percent ofcompletion). Providei name, address, and telephone number of  security number.  the project owner and the engineer.  10. General character ofwork performed by your company. 11. Have you ever: failed to complete any work awarded to you? 12. Haveyou ever defauited on a contract? Ifs so, where and why?  13. List your important projects, ofs similar size recently completed by your company, and for whom, stating the approximate cost: for each, and the month and year completed. Provide name, address, and telephone number ofthej project owner and engineer.  14. List your major equipment available for fhis contract.  15. Experience: in construction work similar in importance to this] project.  16. Background and experience of the principal members ofyour organization, including the  officers and the proposed Project Superintendent.  O  40    VOL - TT 17. Credit available.  PAGE 608  18. Give three credit references, one ofwhich must be a financial institution.  19. State the name and address of each of your Workmen's Compensation insurance carriers 20, List each claim made against you by your employees or third parties for personal injury, 21. List any and all litigation including arbitration, dmiistativepocmaing, and mediation in which you have been aj plaintiff or defendant involving any owner, architect or engineer over the past 5: years. This list should be in sufficient detail to explain the positions ofthe various parties and the uitimate outcome as to the damages awarded (ifany). This list shall be considered material as respects fhe final awarding of any contract connected with the  fort the last 5 years.  death, or property damage in each oft the last 3 years.  bid. (State "none" or submit information on attached sheet).  22. Thet undersigned! hereby authorizes and requests any person, firm, or corporation to: furnish any information requested by the OWNER in verification of the recitals comprising this  Statement ofBidder's Qualifications  Dated at  this  day of  20  Name ofBidder By: Title:  STATE OF. COUNTY OF.  being duly sworn, deposes and says that he is and that the answers to the foregoing questions  of_  (name of contractor)  and all statements therein contained aret true and correct, Subscribed and swom to before mei this  day of_  20  Notary Public My commission expires:  41    VOLTT EJCDCE DOCUHENTO EMGINIENS JOINT COMMITEE commnCT Date of Issuance: Owner: Engineer: Project: Bidder: Bidder's Address: TO BIDDER:  PAGE 609  NOTICE OF AWARD  Owner's Contract No.: Engineer's Project No.: Contract Name:  You are notified that Owner has accepted your Bid dated L  1 for  the above Contract, and that you are the Successful Bidder and are awarded a Contract for:  The Contract Price of1 the awarded Contract Is: $  lunexecuted counterparts of the Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within 15 days of the date of recelpt of this  Notice of Award: 1. 2.  Deliver to OwnerL Jcounterparts of the Agreement, fully executed by Bidder. Deliver with the executed Agreement(s) the Contract security, ie. performance and payment bonds, insurance documentation, and all other forms that comprise the complete Contract Failure to comply with these conditions within the time specfied will entitle Owner to consider you in Within fifteen days after you comply with the above conditions, Owner will schedule a preconstruction conference, issue a Notice Proceed, and return to you one fully executed set of Contract Documents.  Documents as specifled In Article 8 ofthe Agreement.  default, annul this Notice of Award, and declare your Bid securityt forfeited.  Owner: By: Title: Copy: Engineer  Authorized Signature  EICDC" C-510, Notice of Award. Page 42of1  Prapareda and pubilshed2013 byt the! EngineersJaint Contract Documents Committee.  42    VOLTT  PAGE 610  AGREEMENT  THIS AGRBEMENT is dated as ofthe (hereinafter called CONTRACTOR).  day of  int the year 20 - by and  between Delta County (hereinafter called OWNER) and  OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,  agree as: follows: Article 1. WORK  CONTRACTOR: shall complete all Work as specified ori indicated int the ContractDocuments. The  Work projecti is generally described as: follows:  Delta County Road Reconstruction TDA CDV21-0322  Article 2, ENGINEER  The Project has been designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter called ENGINEER and who ist to act as OWNER'S representative, assume all duties and responsibilities andl have ther rights and: authority assignedtol ENGINEER: int the Contract/Documents in connection  with completion ofthe Work in accordançe with the ContractDocuments.  Article 3. CONTRACTTIME  3.1 The Work will bes substantially completed and: ready: for final payment within 120 calendar days from the date when the Contract' Time commences to run, as provided in the General  Conditions.  3.2 Liquidated Damages. OWNER and CONTRACTOR: recognize that time is oft the essence ofthis. Agreement and that OWNER will suffer financiall loss ifthe Work is not completed within the times specified above, plus any extensions thereofa allowed in accordance with the General Conditions. They also recognize the delays, expense and difficuities invoived inj proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Workisnot completed on time. Accordingly, instead ofrequiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $184 for each calendar dayt that expires after the time  specified.  Article 4. CONTRACT PRICE Documents in current funds as follows:  OWNER shall pay CONTRACTOR for completion oft the Work in accordance with the Contract  -  43    VOLTT  PAGE 611  At the unit prices shown on the Unit Price Bid Schedule included in the Contract  Documents.  Article: 5.PAYMENT: PROCEDURES  CONTRACTOR shall submit Applications for Payment in accordance wifh the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the The OWNER shall retain 10% of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. When the Work is substantially complete, the: retained amount may be: reduced to 5%, at the OWNERS discretion.  General Conditions.  Article 6. INTEREST  If the contract amount of this contract is Iess than $400,000, no interest will be paid to the CONTRACTORon: retained money. When the contract amount exceeds $400,000, noi interest will  be paid uniess required by law.  Article 7. CONTRACTORSREPRESENTATIONS  In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, Iocality, and all local conditions and Laws and Regulations that, in any manmer, may affect cost, progress, performance or furnishing oft the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, if any, which are contained or identified in the Contract Documents, and accepts the determination set forth in the Contract Documents ofthe extent ofthe technical data confained in such reports and drawings upon  representations:  which CONTRACTOR is entifled to rely.  7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such samimfim,invastigaim, explorations, tests, reports and studies in addition to, or to supplement, those referred to above, which pertain tot thes subsurface or physical conditions at or contiguous to the site, or otherwise maya affect the cost, progress, performance or furnishing of the Work as CONIRACTOR considers necessary: for the performance or furnishing of the Work at the Contract. Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similari information or data are, or willl be, required by CONTRACTOR: fors such  purposes.  44    VOL1 TT  PAGE 612  7.4 CONTRACTOR has reviewed and checked all information and data shown ori indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities, whether indicated in the Contract Documents, or not. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data ini respect ofsaid Underground Facilities are, or will be, required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions ofthe Contract-Doouments. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions ofthe  Contract. Documents.  7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract: Documents and the written resolution  thereofby. ENGINEER is acceptable to CONTRACIOR.  7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions 7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts. CONTRACTOR also certifies that any agreement entered into with a subcontractor will contain a clause stating that the subcontractor is eligible to be awarded goverment  included in the Supplementary Conditions.  contracts.  Article 8. CONTRACT) DOCUMENTS  The Contract Documents, which comprise the entire Agreement between OWNER and  CONTRACTOR concerning the Work, consist oft the following:  8.1 Advertisement for Bids. 8.2 Instructions to Bidders. 8.3 Special Instructions to! Bidders. 8.4 Bid Bond. 8.5 Bid,  8.6 Noncollusioin Affidavit ofPrime Bidder. 8.9 Contractor's Local Opportunity Plan. 8.10 Certification Regarding Lobbying. 8.11 Disclosure ofLobbying Activities (ifapplicable). 8.12 Statement ofl Bidder's Qualifications. 8.13 Certificate ofInterested: Parties. 8.14 Noticed ofAward. 8.15 This. Agreement. 8.16 Resolution.  8.7 Certification ofBidder Regarding Civil Rights Laws and Regulations 8.8 Section 504 Certification: Policy ofNondiscrmination on the Basis ofDisability.  O  45    VOLTT 8.17 Payment Bond, 8.18 Performance Bond. 8.19 Contractor's Certificate ofInsurance. 8.20 House 89 Verification. 8.21 Chapter 2252 Certification. 8.22 Section 3 Statement. Requirements.  PAGE 613  8.23 Contractor's Certification Concerning Labor Standards and Prevailing Wage  8.24 Conflict ofInterest Questionnaire, 8.25 Owner's. Attorney Certification. 8.26 Notice to Proceed. 8.28 Supplemental General Conditions. 8.29 Wage Rates. 8.30 Federal Labor Standard Provisions. 8.31 Title 29, Part3, Copeland. Act Regulations. 8.32 EEO Guidelines for Construction Contractors. 8.34 Minority/Female Goals and' Timetables.  8.27 General Conditions and modifications thereto, ifany.  8.33 Section: 3 Clause. 8.36 Addenda. numbers  8.35 Technical Specification prepared or issued by Hayter Engineering, Inc. dated  to  inclusive.  8.37 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 8.38 The following, which: may be delivered or issued aftert the Effective Date ofthe Agreement  and are not attached hereto:  8.38.1 Drawings, consisting of sheets mumbered through sheetbearing the following general title:  inclusive with each  8.38.2 All written Amendments, change orders, and ofher documents amending, modifying, or supplementing the Contract Documents pursuant to the General  Conditions.  There are no contract Documents other than those listed above in this Article 8. The Documents may only be amended, modified or supplemented, as provided in the Contract General  Conditions.  Article 9.1 MISCELLANEOUS  9.1 Terms used in the Agreement, which are defined in Article 1 oft the General  will have the meanings indicated in the General Conditions.  Conditions,  9.2 Noassignment by aparty) hereto of any rights under ori interests in the Contract Documents will be binding on another party hereto without the written consent oft the bet bound; ands specifically, but V without limitation, monies that may become party due andmonies sought to that are due, may not be assigned without such consent (except toi the extent that the effect  46    VOL TT  PAGE 614  oft this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor  from any duty or responsibility under the Contract Documents.  9.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the  Contract! Documents. Article 10. OTHER. PROVISIONS  None.  O  47    VOLTT  PAGE 615  INWITNESS WHEREOF, OWABRMAICOMTRACTOBHae signedfhis Agreement ini copies. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER, multiple All portions of the Contract Documents have been signed or identified by OWNER and  CONTRACTOR orbyl ENGINEER on their behalf. This Agreement will be effective on. OWNER: Delta County  20  CONTRACTOR: By:. Title:  By:. Title:  (Corporate Seal)  (Corporate Seal)  Attest:  Attest:  Address for givingnotices:  Address for giving notices:  48    VOLTT  PAGE 616  CONTRACIORS RESOLUTION ONAUTHORIZED  REPRESENTATIVE  Name or Names  Ihereby certify that it was RESOLVED by a quorum ofthe directors ofthe  meeting on the  Name ofCorporation  day of  20  that  and  be, and hereby is/are authorized to act on behalfof  as its representative in all business,  mamec ofcorporation  transactions conducted ini the State ofTexas, and;  That all above I resolution was unanimously ratified by the Board ofDirectors at said meeting and that the resolution. has notl been rescinded or amended and is now in full: forces  and effect; and;  In authentication oft fhe adoption ofthis resolution, I subscribe my name and  affix the seal ofthe corporation this  day of_  20  Secretary  (seal)  D  49    EJCDCHOLTT ENGINEERS. JOINT CONTRACT DOCUMENTS COMMITTEE  PAGE  617  PERFORMANCE BOND  CONTRACTOR (name and address):  SURETY (name and address cfptmapalplhoefbuines.  OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Amount:  Date (not earlierthan the Effective Date ofthe Agreement ofthe Construction Contract):  Modifications tot this Bond Form;  None  See Paragraph 16  Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this  Performance Bond to be duly executed by an authorized officer, agent, or representative,  CONTRACTOR AS PRINCIPAL Contractor's By:. Signature Print Name Title Attest:_ Signature Title  SURETY By:  (seal)  (sea!)  Name and Corporate Seal  Surety's Name and Corporate Seal  Signature (attach power of attorney)  Print Name Title Attest:_ Signature Title  Notes: (1) Provide: supplemental execution by any additional, parties, such as) jolnt venturers. PAayahngulr-feremceto  Contractor, Surety, Owner, orother partyshall be considered plural where applicable.  EJCDCO C-610, Performance Bond  Copyrighto: 2013! atomibsasyefrehaneml Engineers, American ComellofEnglnoaring Companles,  and AmericanSaclety: ofcul!E Englneers. Allrightsraservad. 1of3  50    1. The Cyot-TPymA severally, bind themselves, thelr heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which Is 2. IFthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate In a conference as provlded In 3. Ifthere! isr no Owner Default under the Construction Contract, the Surety'sobligation under this Bond: shalla arisea after: 3.1 The Owner first provides notice to the Contractor and the! Surety that the Owner Is considering declaring a Contractor Default. Such notice shall Indicate whether the Owner Is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractar's performance, If the Owner does not request a conference, the Surety may, within five (5) business days after recelpto of the Owner's notice, request: sucha  and a contractor PAGE-648: concurrence, to be secured with performance and payment bonds executed by a qualifled surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described In Paragraph7 In excess of the Balance of the Contract Price Incurred by the Owner as a result of the 5.4 Walve Its right to perform and complete, arrange for completion, or obtaln a new contractar, and with reasonable 5.4.1 After investigation, determine the amount for whlch It may be llable to the Owner and, as soon as practicable after the amount Is determined, make payment 5.4.2 Deny llability In whole or in part and notlfy the Owner, citing the reasons for denlal,  Incorporatedherein! byr reference.  Contractor Defaultyor  Paragraph3.  promptness under the circumstances:  tot the Owner,or  conference. IF the Surety timely requests a conference, the 6. Ifthe Surety does not praceed as provided In Paragraph! 5 with Owner shall attend. Unless the Owner agrees otherwise, any reasonable promptness, the Suretyshall be deemed tol bel In defaulton conference requested under this Paragraph 3.1 shall be held thls Bondseven days after recelpt of an additional written notice from within ten (10) business days of the Surety's recelpt of the the Owner to the Surety demanding that the Surety perform Its Owner's notice. IF the Owner, the Contractor, and the Surety obligations undert this Bond, andt the Owner shall! be entitied to enforce agree, the Contractor shall be allowed a reasonable time to any remedy avallable tot the Owner. Ifthe Surety proceeds as provided perform the Construction Contract, but such an agreement shal! InF Paragraph! 5.4,and the Ownerr refusest the payment or the Surety! has not walve the Owner's right, If any, subsequently to declare a denled llability, In whole or Inj part, without further notice the Owner 3.2 The Owner declares a Contractor Default, terminates 7. Ift the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then 3.3 The Owner has agreed to pay the Balance of the responsibilitles of the Owner to the Surety shall not be greater than Contract Price In accordance with the terms of the Construction thase of the Owner under the Construction Contract. Subject to the Contract tot the! Surety or toat contractor: selected to perform the commitment by the Owner to pay the Balance of the Cantract Price,  Contractor. Default;  shalll be entitled to enforce: any remedy avallable tot the Owner. thereponsblitlesofthes Suretytot the Ownershall notbe greaterthan those of the Contractor under the Construction Contract, and the  the Construction Contract andi notifies the Surety;and  Construction Contract.  the Surety! is obligated, without duplication! for:  4. Fallure on the part af the Owner to comply with the notice requirement In Paragraph 3.1 shall not constitute a fallure to comply wlth a condition precedent to the! Surety's obligations, or release the Surety from Its obligations, except to the extent the Surety 5. When the Owner has satisfled the conditians of Paragraph3, the Surety shall promptly and at the Surety's expense take one of the 5.1 Arrange for the Contractor, with the consent of the Owner, toj perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Constructlon Contract Itself, through its agents or! Independent contractors; contractors acceptable to the Owner for a contract for  7.1 the responsiblitles of the Contractor for correction of defective workand completlon ofthe Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or eENYMreA 5; and 7.3 liquldated damages, or IF no liquidated damages are specified In the Construction Contract, actuald damages caused by delayed performance ar non-performance oft the Contractor. 8. Ift the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety'sllabilityl Isl Ilmited tot the amount of this Bond. 10. Thesuretyherab/walves notice of any change, Including changes of time, to the Construction Contract or to related subcontracts,  demonstrates actual prejudice, following actlons:  5,3 Obtain bids or negotlated proposais from quallfled purchase orders, and other obligations.  performance and completion of the Construction Contract, 11. Any proceeding, legal or equltable, under this Bond may be arrange forad contract tol be preparedi fore execution by the Owner Instituted In any court of competent jurisdiction In the location in  51    which the workyOlort Ftork Is located and shall be Instituted withint twoyearsaftéra .ww yearsafter the Cminsersadwanagersernlatoyamahertae Surety refuses or falls to perform Its abligations under this Bond, whlchever occurs first. Ifthe provislons oft this paragraph are vold or prohibited by law, the minimum perlods of IImitations avallable to suretles asad defense! int the] Jurisdictlon ofthes sult shall be applicable. 12. Noticet to the Surety, the Owner, ort the Contractar shall! be mailed reledistaadrasdomn ont they page on whicht thelrs signature 13. When: this Band has been furnished to comply withas statutoryor other legal requirement Int the! location where the construction was to be! performed, any provislan! Int this asiemtaiguthakssseny orlegal requirementshal! be deemed deleted! herefrom andy provisions conforming to such statutory or other legal requlrement shall be emedmeporatadherin. Whens sot furnished, thel intentisthatthls Bonds shall be construed dasastatutory! band: andr not asa common! law  PAGE 619  appears.  bond, 14. Definitlons  14.1 Balanceofthet Contract! Price: Thet total amount payable byt the Owner tot the Contractor under the Construction Contract after all proper: radjustments havel baen madel Including: allowance for the Contractor for any: amounts recelved artol be received by the Owneri in: settlement ofi finsurance or other claimst for damages towhichthe Contractorisentiled,: redlucmilyallvalliand; proper payments made to or on behalf of the Contractur under the 14.2 Construction Contract: The agreement between the Owner and Contractor Identifled on the cover page, Including all Contract Documentsande changes made tot the: agreement andt the 14.3 Contractor Default: Fallure oft the Contractor, which has not! beent remedled ors walved, to perform or otherwise to comply with ai materlai1 term ofthe Construction Contract. 14.4 Owner Default: Fallure of the Owner, whlch has not been remedied or walved, to pay the Cantractor as required under the Construction Contract or to perform and complete or comply with the ather material terms of the Construction 14.5 Contract Documents: All the documents that comprise the: agreement between the Owner and Contractar. 15. Ifthis Bond is Issued fora an agreement hetween a contractor and subcontractor, thet term Contractor int this Bond: shall be deemedt tol be Subcontractor. and thet term Owner shall be deemedtol he Contractor. 16. Modifications to this Bond: are ast follows:  Construction Contract,  Contract Documents.  Contract.  52    VOLTT  PAGE 620  PLACEHOLDER  Perlormance Bond Power of Attorney  2  53    EJCDCOL1 TT ENGINEENS JOINT CONTRACT DOCUMENTS COMMITTEE  PAGE 621  PAYMENT BOND  CONTRACTOR (name and address):  SURETY (name and address ofp principal place ofbusiness):  OWNER, (name ando address):  CONSTRUCTION CONTRACT Effective Date oft the Agreement: Amount: Description (name and! location): BOND Bond Number: Amount:  Date (not èarlier than the Effectivel Dateo oftheAgreement ofthe Construction Contract):  Modifications toi this Bond Form: CONTRACTOR. AS PRINCIPAL Contractor's Name and Corporate Seal  None  See Paragraph 18 SURETY  (sea!)  Surety's Name and Corporate! Seal Signature (attach powerofattorney)  (sea!)  By: Signature Print Name Title Attest: Signature Title  Byi  Print Name Title Attest: Title  Signature  Notes: (2) Provide supplemental execution by any additional parties, such as joint venturers.  toc Contractor,Surety, Owner, or ather partys shall bec consldered plura! where applicable, (2) Anysingular reference  54    1. The dOapeby, jolntiy and: severally, bind themselves, thelr heirs, executors, administrators, successars, and: assigns to the Owner toj pay forl labor, materlals, and equipment furnished for use in the performance of the Construction Contract, which Is incorporated herein by reference, subject to the 2. Ifthe Contractor promptly makes payment ofalls sums due to Clalmants, and defends, Indemnifies, and! holds harmiess the Owner from clalms, demands, liens, or sults by any person or entlty seeking payment for labor, materlals, pre equipment furmished: for use Int the periormance of the Construction Contract, then the Surety and the Contractor shall have no obligation 3, IFthere Is no Owner Default under the Construction Contract, the Surety's obligatlon to the owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (att the address described In Paragraph 13) of clalms, demands, liens, arsuits agalnst the Owner or the Owne'spropertyby any person or entity seeking payment for labor, materials, or equipment fumished for use In the performance of the Construction Contract, and tendered defense of such clalms, demands, liens, or sults to the Contractor and the Surety, 4. When the Owner has satisfled the conditions In Paragraph 3, the Surety shall promptly and at the Surety's expense defend, Indemnify, and hold harmless the Owner against a duly tendered clalm, demand, lien, arsult. 5. The Surety's obligations toa Claimant under thls Bond shall arise aftert the follawing: 5,1 Clalmants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed andt the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or lastt furnished materlals or equipment included int the Claim; and 5.1.2 havesentad Claim tot the Surety (att the addressdeseribedinP Paragraph13). 5.2 Clalmants who are employed by or have a direct contract with the Contractorhave: senta Claimt tot swbashscta  6. HanatiadfePAGE-8229mPis14 is given by the Owner to the Contractor, that is sufficlent to satisfya Clalmant'sohligationt tofurnisha written notice afmon-paymentunderParagraphs.11. 7. When a Clalmant has satisfled the conditions of Paragraph 5.1 or 5.2, whichever Is applicable, the Suretyshall promptlyanda at thes Suret/sexpensetake 7.1 Send an answert to the Clalmant, witha copy to the Owner, within sixty (60) days after recelpt of the Clalm, stating the amounts that are undisputed and the basls for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed 7.3 The Surety's fallure to discharge Its obilgations under Paragraph 7.1 or 7.2 shall not be deemed to constitute: a waiver of defenses the Surety or Contractor may! have or acquireast to a Clalm, except as to undisputed amounts for which the! Surety and Claimant have reached agreement. If, however, the Surety falls to dIscharge Its obligations under Paragraph 7.1 or7.2, theSuretys shalll Indemnify the Claimant fort the resomahestioneyaftasta: Clalmant incurst thereafterto recover any: sums foundt to be due and owingt to the Clalmant. 8. The Surety's total obligation shall not exceed the amount of thls Bond, plus the amount of reasonable attorney'si fees provided umérPamgmph73amitie amount of this Bond shall be credlted for any payments madel Inj goodi faith! byt the Surety, 9. Amounts owed! by the Owner tot the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satlsfy claims, IF any, under any construction performance bond, By the Contractor furnishing and the Owner açcepting this Bond, they agree that all funds earned byt the Contractorin the performance of the Construction Contract are dedicated to satisfy obligatlons of the Contractor and Surety under this Bond, subject tot the Owner's prlorltyt to use the funds for the completion of the work. 10. TheSuretyshall: not be! labletot thei Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation tot make payments to or glve notice on behalf of Claimants, or otherwise have any obllgatlons to Clalmants under this Bond. 11. The Surety hereby walves notice of any change, Induding changes of time, to the Construction  followingterms.  thei followingactions:  under this Bond.  amounts,  Paragraph13).  D  55    Contyoprys subcontracts, purchase orders, 12. No suit or action shall be commenced by: a Claimant under this Bond other than In a court of competent Jurisdiction! Int thes statel In which thep projectt that ist the subjecto oft the Constructian Contract Is! located or after the expiration of one yeart from the date (1) an which the Clalmant sent a Clalm to the! Surety pursuant to Paragraph512or52, or (2)onwhicht thel last! laboro or service was performed by: anyone art the! lastr materlais or equipment were furnished by anyone under the Construction Contract, whichever of (1) ar [2) first occurs. Ifthep provisions of this paragraph are vold or prohlbited by! law, the minlmum period of Imltation avallable to suretles asad defense Int the] Jurisdiction of 13, Notice and Claims to the Surety, the Owner, or the Contractor shall be malled or dellvered tot the address shown on the page oni which thelr signature appears, Actual receipt of notice or Claims, however accomplished, shall be: sufficient compliance aso ofthe 14. When this Bond has beent furnished to comply witha statutory or other legal requirement In the location where the construction was to be performed, any provislon int thls Bond confllcting withsalistatutoryor legal requirement. shall be deemed deleted herefrom and provisions conforming tos such statutory or other legal requirement shall be deemed incorporated herein. Whensofi furnished, thel Intenti ist thatt this Bond shall be construed as a statutary bond and not as a 15. Uponrequesisbyanyp person orentityapeatingtobe apotentlal beneficlaryofthisi Bond, the Contractorand Owner shall promptly furnish a copy of this Bond or shall permita a copyt tol be made.  periorPAGE 623onstruction 6, The total amount earned byt the Claimant for furnished: labor, materlals, or equipment as oft the date oft the Clalm; The total amount of previous payments 8. The recelved! total byt amount the Claimant;a due and and Clalmant for labor, unpald to the egupmentfumlshedas: materlals, or  ando ather obligations  Contract; 7.  Clalm.  ofthe date ofthe  16.2 CaimantAaln.Maluaicretyhmawngadrert contract with the Contractor or subcontractor of the Contractor with a labor, materlals, or performance ofthe Construction Contract, The term Claimant also includes any Individual or ana mliylasthanranyasaras. applicable mechanlc's! agalnst the real Projecti isl located." Thel property Intent upon of thls bet tol Include withoutl lmitatian int Bond shall "labor, materlals, or equipment" that part of the water, gas, power, light, heat, oll, telephoneservice, or rental equlpment gasoline, used! In the Construction Contract, architectural and maneingsemksreguind for of the work of the Contractor performance and the Contractor's subcontractors, and all other Items for which a mechanic's llen may be asserted In the Jurisdiction where the labor, materials, or aquipment weret furnished. 16,3 Construction Contract: The agreement between the Owner and Contractor Identifled on the cover page, including all Contract Documents and all changes made to the agreement andt the Contract Documents. 16.4 Owner Default: Fallure of the Owner, which has not been remedled or waived, to pay the Contractor: ast required undert the Construction Contract or to perform and complete ar comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. Ifthis Bond Is Issued for an agreement between a contractor and: subcontractor, thet term Contractor in thisBonds shalll be deemedt tol beSubcontractorandt the term Owner shalll be deemedt to! be Contractor. 18. Modifications tot this Bond are: asf follows:  to furnish at clalmi under lien or similar which statute the thet terms of  the: sults shalll bea appllcable,  equipment for use In the  date recelved.  common! law bond.  16, Definitlons  16,1 Claim: A written statement by the Claimant Including: atar minlmum: . Ther name ofthe Clalmant; 2, The name of the person for whom the labor was done, or materials ar equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materlals, orequipment wasi furnlshedi foru use int the periormance of the Construction Contract; 4. Abrlafdescription oft thel labor, materlals, orequpmentfumshed; 5, The date on which the Claimant last performed labor ar last furnished materlals or equipment for use In the  56    VOLTT  PAGE 624  PLACEHOLDER Payment Bond Power of Attorney  2  57    VOL TT  PAGE 625  ACORD, CERTIFICATE OFLIABILITY INSURANCE  DAmpwpamm NAIC!  FRODUCER INSURED COVERAGES m NSAD TEQEISITANCE GEMERALE UABIITY MegtcspAgpuum CLAIBUADE Joccun GRATIMITAE poucr) IE8 1oc AUTOHOmINUAmIY ANAVTO ALLCANEDAUTOS ECKEDULEDALTOS HREDAUTOS NOMOANEDAUTOS OARAGELAMITT ANYALTO EXCESSAORRIAL. Joccur DEDUCTOuE RETENTION ALECOHPTAUATONAND  EC beunder onn Inslallation! Floater Bulldar's Risk (f applicabla) ERATOKBILC CATIORSIVESCLE Owner's: name Projact name Project number GERTFICATEHOLDER Owners Name Enginaers Nama  THIS GERTIFICATE 1B ISBUED AS A-MATTER OF INFORMATION ONLY HOLDER. AND CONFERS NO RIGHTB UPON THE CERTIFICATE THIS CERTIFICATE. DOES NOT AMEND, EXIEND OR ALTER THE COVERAGE AFFORDED BY1 THE POLCES- BELOW.  MEREPBATCADNGCOIEAEE IKSURERA: USURERE: NSURERC ISURERD: INSURERE:  THEPOLICIES ANY! REQUIREMENT. OF! INBLRANCELISTEDI TERM GRS CONDITION BELOWHAVE OF ANY BEEN! CONTRACT ISSUEDT ORC TOT THEINSUREDI NAMEDA ABOVEFOR THEP POLICYE PERIODINDICATED, MOTWIHSTANDING MAYP PERTAIN, THE! INSURANCE, AFFORDEDE 3Y HE POLICIEBE DESCRIBE OTHER HEREINIS DOCUMENT WH! RESPECT TOY WHCHT THIS GERTIFICATE MAY BE! ISSUED POLICIEB,A AGGREGATELIMITBS SHOWNMAY! AEREEDPSERN SUBJECT TOALLTHET TERMS, EXCLUSIONSA ANDO CONDITIONBCFS SUCH OR  POLYHUMDE  EFEOTVE POAEEPAT  UMTS  1,000,000 1,000,000 2,000,000 1,000,000  AGGREGATE CTE-COMPIOPAGG (Eaaainy CAMNEDSSADLEUMT DOPLYINUY Papenen) POORYHUURY dmng PROPERTYDAGE Parocidon NTONKY.EAAICCDENT s OTHEATIAN EAACCs AUTOCNYI AGO EACHOCCURTEACE AGGREGATE AT TF ELEACHACCDENT ELD:ASS-FAIMOTE! ELESESE-PoUTYIsT s 500,000 (amount af storad materals on-alle) (amount ofconlracl)  IENADE  600,000 600,000  SINTSST  CANCELLATION NEPRESENTATNTE AITRORZEDPIRIEIATVT  SMDULDANYOFT PEARSNENSN TIREXPMATON DATR? manepr, THE: IBSIINGI INSURERY WILL, ENDEAVOR: 701 MALL. 30 DAYE WRTTEN sonc TOT TEUEPEAEIBEEMNEIBN MBRUPARERSRERIDESENN IPasI! toC ODLAATION 0R LADNTYOFA AIYK KNDI uPOH THAL INSURER ISA AGEHTE aR  ACORD25/200106)  CACORDCORPORATOAEE  58    VOLTT  PAGE 626  -  HOUSE BILL 89 VERIFICATION  (person's name), the undersigned  representative (hereafter referred to as Representative") of  (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby  depose and affirm the following:  1.  ThatF Representative is authorized to execute this verification on behalfofBusiness  Entity;  2.  That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the  (name of] public entity); and  3.  That Representative understand that fhe term "boycott Israel" is defined by Texas government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action fhat is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with aj person or entity doing business in Israel or in any Israeli-controlled territory, but does noti include an action made for ordinary business purposes,  D  SIGNATURE OF REPRESENTATIVE  SUBSCRIBED AND SWORN TO: BEFORE ME, the undersigned authority, on this  day of  20  Notary Public  59    VOL - TT  PAGE 627  CHAPTER 2252 CERTIEICATION  I,.  the undersigned representative of  (company name or business name)  being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Sections 806.051, 807.051, 808.051, or Section 2252.153. I further certify that should the above-named company enter into a contract that is on this listing of companies on the website of the Comptroller of the State of'Texas which do business with Iran,  Sudan, or any Foreign Terrorist Organization, Iwill immediately notify the  (name ofpublic entity).  Name ofCompany Representatiye (Print)  Signature of Company Representative  Date  60    VOL TT Company Name (fapplicable):.  SECTION3 STATEMENT  PAGE 628  Name: Physical Address:. Mailing. Address:. Phone 1: Email:  Title:,  Phone 2:.  Fax:.  Do you consider yourself tol be: a Section 31 Business Concern or Section 3 Resident?  D Yes D No  Ifyes,pleasespac!p:  a Business or D Resident  Iagree thatt the information! Ihave provided above on this statement: ist true and correct.  Signature Whati is Section 3?  Date  Section 3i isa aprovisiono ofthel Housing and Urban Development Act of1968, which recognizes that HUD: funds aret typically one of the largest sources of federal funding expended in communities through tho form of grants, Ioans, entitlement allocations and other forms of financial assistance. Section 3 is intended to ensura that when employment or contracting opportunities are generated because a covered project or activity necessities the employment of edditional persons or the awarding ofo contracts for work, preferencer must be given tol Iow- and veryl low-incomepersons orb business concomsresiding A' "section 31 resident" is: 1)apublic housing resident; or: 2) a low- or very low-income person residing in the metropolitan  int thec community where thep projecti isl Iocated. What does thet term' "Section: 31 resldent" mean?  arca orl Non-metropolitan County inv which the Section 3 covered assistance: is expended.  What does thet term' "Section: 31 Basiness Concern" menn? a) 51 percent (51%) or mored owned! by! Section! 3r resldents; or  Section 31 business concems arel businesses thato can) provide evidencet that they meet one ofthc following:  b) Atleast: 30j percent (30%) ofits full-lime employees includeg persons that: are currently Section 31 residents, or within three (3): years ofthe date offirste employment with thel business concern were Section! 31 residents; or c) Provides evidence, asi required, ofac commitment to subcontract: in excess of25 percent (25%) ofted dollar award ofall subcontracts tol be: awarded tol business concerns that mectt the qualifications: int the abovet two paragraphs. Section 3 is both race ands gender neutral, The preferences provided under this regulation are based on income-leve! and location, The Section 3 regulations were designed to encourage recipients ofHUD: funding to direct new employment: ad contracting opportunities to low-income residents, and the businesses that employ these persons, within their community Please contact HUD's Office of Smali and Disadvantaged Business' Ulilization at 202-708-1428, to Iearn more about these  How docs Section: 3 differ from the! Minority Business Enterprise/Women, Business Enterpriseprogrmms?  regardless ofrace and/or gender.  programs.  )  PLEASE: RETURN FORM' TOLABOR: STANDARDS OFFICER  61    VOL TT  PAGE 629  U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNIYDBVEICPMENT BLOCK GRANT PROGRAM CONTRACTORS CERTIFICATION  CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS  TO (appropriate reclplent)  DATE PROJECT NUMBER(Fary) PROJECTNAME  CIO  1. Thet undersigned, havinge execuled a contract with  for tha construction of the above-dantlled; project, acknowledges that:  (a) The Labor Standards provisions arel Included In! thes aforesald contract,  () Correction af anyi infraclions oft tha aforesald conditlons, including Infractions by any subcontractors and any lower tler (a) Noither Contraclor nor eny firm, partnership or associalion Iny whichi it has substantlal interesti is designated as an Inellgibla contractor by the Comptroller General oft the Unlted! States pursuant to Section 5.6(b) afthe Regulallons ofthe Secretary ofLabor, Part5 (29 CFR, Part 5) or pursuan! to Section: 3(a) oft the Davis-Bacon Act, as amended. (b) No part oft the aforementioned contract has been ory wil! be subcontracted to any subcontractor ffsuch subcontraclar or anyi firm, corporation, partnership or association Int which such subcontraclorhas: a substantial Interest Is designated as an! Ineligible contractor pursuant to any oft the aforemenlioned regulalory or statutory provislons. Contracior agreas to oblain and forward to the aforementioned, reciplent wilhin ten days aflerthe execullon ofany subcontract, Including those executed bys subcontractors and any! lower ler subcontractors, a Subcontraclor's Cortification Concerning Labor Slandards and Prevalllng Wage Requirements executsdb by the subcontractors.  subcantractors, Is Contractor's responsibility.  2. Carllfies that:  2  Cerilfies that:  (a) The legal name and the! business address of tha undersigned are:  (b) The undersigned! is (choose one): (1) ABNGIEFAGFREIORSIP (2) APARTNERSHIP  (3) ACAPCRATEANCORGANZEDRA THESTATEOF WCREKRAATDACHE)  (c) The name, tille and address of! the owner, pariners or officers of the underslgned are:  NAME  TILE  ADDRESS  62    VOLTT  PAGE 630  (d) The names anda addresses of all other persons having as subslantlal: Interest In the undersigned, and the nalure ofu the  Inferest are:  ADDRESS  NATUREGFINIEREST  NAME  (e) The names, addresses and trade classllicalions of all olher bullding construction contraclors inwhich tha undersigned  has as substantiall Interest are: NAME  TRADECIANSFICNION  ADDRESS  (Contractor)  Date  By  63    VOL TT  PAGE 631  FORM CIQ  CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This quastionnaire raflects ahangos made to tho law by. H.B. 23, 84th Leg., Regular Sosslon. Thls questionnaire Is being filed! In accordance wih Chapler 176, Local Government Code, by a vendor who has a business relationship as defined by Seclion 176.001(1-a) with a local governmental entily and the Dale Recelved By! lawt this questionnaire mus!! bef flledy with! the records administralor oft the looal govarnmenlalenlly not! later than the 7th business day after the dale the vendor becomes aware off facts that raquire the statement to be Avendor commlts an offense! lft the vendor knowingly violales Section 176.006, Local Govemment Code. An Name ofvendorwho has al business relationshlpy withl local governmental entily.  OFFICEUSEONLY  vendor meels requirements under Section 176.006(e). filed, See Section 176.006(a-1), Local Government Code. offonse under thls Beclion is ar misdemeanor.  Checkthisboxi ifyouaref filinganupdatet tos aprevlously! flledo ustommamafHaliges thaty yout files an updated comploted questionneilre with thes appropriale filing authorily nol laler than the Zih busness day after the dalè on which  you became aware that the ariginally fled quesllonnaire WES incomplete or inaccurale.) Name ofl local omamclsaritaurvicn thei Information Is being disciosed.  Name ofoliicer  Dascribesach emproymtent roromerbusmess7 TantonampwIrmnal Tocal govement amicooratmmntymtymomerorma officer, as desorlbed by Section 176.003(a)(2)A). Aiso describe any famlly relationship with the local goverment officer. Completesubparts, Aand! Blorechmploypmemnterhuahnssralatlem-hp. described. Attachadditional pages-tothis! Form  CIQ ast necessary.  A. Is the local govemment oficer ar a farnlly member of the officer recelving or likely to recelve taxable income,  other than investment income, from the-vendor?  Yes  No  B. Ist the vendor receiving orl likely to recaive taxable Income, olher than! investment Income, from or at the directlon ofthe local govemment officer or at family member of the officer AND the taxable income Is not received: from the  local governmental entity?  Yes  No  basrlivschumplbymunkieistittimmdnSatemimtatioer other business entity with respect to which thel local government offlcer serves as: an officer or director, or holds an  ownership Interest of one percent armore.  Check! this boxifthes vendor has given thel local govemment officerd ore af family member oft the oflicer one or more gifls as described in Section 176.003(a)(2XB), excluding gifis described In Section 176.003(a-1).  Signalure of vendor dolng buslness with the governmental en!ly  Dale    VOLTT  PAGE-632  CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity  Acomplete copy ofChapter 176 ofthel Local Government Coder may! bet found atl htp.www.stalutes.legis.siate.kus DocalGhtmvlci7ehtm. For easy reference, below are: some oft thes sections cited on this,form. Local Government Code 81 176.001/1-a):" "Business relationship" means a conneotion belween two or more.partiès based ond commerciala activity ofo one of the partles. The term does noti include at connectlon based on: (A) atransaction that Is subject to rate or feei regulatlon by a federal, state, arloalgovemmantalently, oran (C) ap purchase orl lease ofg goods ar services froma aj person that Is chartered byastateorfederals agencyand (a) Alocal govemment officer shall file ac conflicts disclosure statementwith: respect tos as vendorif:  agencys ofa af federal, state, orl localg govemmental entily;  (B) at transaction conducted at aj price and subject tol terms avallable to the public; or thati is subjedtt to regular examination by, and reporting to, that agency.  Local GovermentCodes1 176.0038112MAJand (B):  *** (2) thevendor:  (A) has an employment or other business relationship with the local government officer or at famlly member of the officer that resulls in the officer or famlly member receiving taxable income, other than investment Income, that exceeds $2,500 during the 12- month perlod preceding the date that the officerk becomes aware that (I) acontract! betweeni thel local governmental entitya and vendorhas! baen (I) the local govemnmental entily Is considering entering Into a contract with (B) has given to thel local government officer or ai famlly member oft the officer one or more (1) ac contract between the local govemmental entily and vendorhas been executed; or (I) thel local governmental entily is consldering entering Into a contract with the vendor.  executed; or the vendor; glfts that have an  value ofr more than $100  12-month int the  -  aggregate  period preceding the  datet the officerbecomes awaret that:  Local Government Gode $1 176.006()anda1  (a) Avendors shall file ac completed canllaofnterstçuslomaieiheven.derias: ab business  relationship witha al locaigovemmental. entlly and;  (1) has an employment or other business relatlonship with a local government officer of that local governmental entlly, or a family member of the officer, described by Section (2) has glven al local govemment officer of that. Jocal govemmental entily, or a famlly member of the officer, one or more gifts with the aggregate value speclfied by Section 176,003(#)2)B), (3) has at famlly relationship with al local goverment officer of that local govemmental ently. (a-1) Thecompleted conflicto ofinterest questionnairei must! bef filedwitht theappropriate records  176.003(a)12)A);  excluding any glftdescribed! by Section 176.003(a-1); or administrator notl later thant the seventh buslness day after the later of;  (1) the date that the vendor:  (A) begins discussions or negotlations to enter Into a contract with the local (B) submlts to the local governmental entily an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract (A) of an employment or other business relationship with a local government officer, or a famlly member oft the officer, described! by Subsection (a); (B) thatt the vendorh has given one or mores gifis described! by Subsection (a); or (C) ofaf famlly relationshlp with al local govemment officer.  governmental entity; or  with the local govemmenlalentlyor (2) the date the vendor becomes aware;    VOL TT  PAGE 633  ATTORNEYSREVIEW CERTITICATION  Itheundersigned, acting legalrepresentative ofthe certify as follows:  the duly aufhorized and  do hereby  Ihave examined the attached contract(s) and surety bonds and am oft the opinion that each ofthe agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and  provisions thereof.  Attorney's signature: Print Attorney's! Name: Texas State Bar Number:  Date:  66    EJCDCEVOLTT ENGINEERS DOCUMENTD Jaur CONTRAOT Owner: Contractor: Engineer: Project:  PAGE 634  NOTICETOI PROCEED  Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: Contract Name: Effective Date of Contract:  TO CONTRACTOR:  Owner hereby notifles Contractor that the Contract" Times undert the above Contract will commence to run On that date, Contractor shall start performing Its obligations under the Contract Documents, No Work shall be done at the Site prior to such date, In accordance with the Agreement, the number of days to achieve  on   204.  Substantial Completion is. payment is.  and the number of days to achieve readiness for final  whichis  Before starting anyl Work ati the Site, Contractor mist comply with the following: [Note any access limitations, security procedures, or other restrictions  Owner: Authorized Signature: X By: Title: Date Issued: Copy: Engineer  -  67    VOL TT  PAGE 635  Construction Contract Change Order  A505 County  Grant Recipient: Contract: No.:  Select: City Region:  Change Order No.:  Contractor: (Name and. Address)  Engineer: (Name candAddress)  Select Change Order Type(s): Change to Existing Lne liems New Items Requested  Change In Contract Duration Decrease  Justiflcation for Change  Increase  No Change  1.Effect of this change on scope of work: 2.Effect on operation and maintenance costs: contract Performance Statement Exhibit A? conditions discovered during aotual construction? is the TCEQ clearance still valid?  Yes  No  Not Applicable  3.Will this Chango Order change the number of beneficlaries or TXCDBG 4.Has this change created new Gircumstances or environmental conditions which may affect the projecl's Impact, sucha as concealed or unexpected 6.Are other TXCDBG contractua Ispeclal condition clearanees still valid? 7.lfn new ltems are Included that were not Included in the compatitive bid,havel  the prices bsen determinedi to be reasanable?  Grant Recipient:  Contract No.:  Change Order No.:  This Formi isi requirede las of September1,2020, All previous versions no longervalid.  O  68    VOLTT  PAGE 636  Change Order Summary  D  Original ContractPrice: NetPrevious Change Order(s): This Net Change Order: New Contract Price: Cumulative! % Chahge  Original Contract! End Date: Net change of previous Change Orders (days): Increase/Decrease ofthis Change Order (days): Change Order Contract EndDate  NOTE: Change orders for an increase ofmore than 25% will be rejected. The State ofTexas considers a change. in the construction contract price of greater than 25% to be non-competitive, as other potential bidders did not havet the opportunity tol bid on thet true scope ofthe project during thej procurement process.  Grant] Recipient must rebid project int the event ofan increase greater than 25%  GFIERedpetAyprDEQUIRED:  Authorized Signature  Date  Authorized Signatory'sName and' Title  EnginerRecommontationya SE  Engineer's Signature  Date  Engineer'sName  GOnractorSA  Contractor's Signature  Date    Contractor's Name and' Title  HorclyeatrewiIcoFTDAepelgurieruntirchinolbplowss  Name  Email  ASOFEDA:ofllceuse;only:  This Net Change Order: Net Change Order Approved: Approved Contract Amount:  Incrense/lecrease oft this Change Order (days): Increase/decrease ofthis Change Order Approved:  Approved Contract' Time:  Notes:  Contract Specialist Signature Director Signature (optional)  Date Date  Grant Recipient:  ContractNo.:  Change Order. No.:  ThisFormisreguired: asc of September 1,2020. Allp previous versions nol longer valid.    69    VOLTT  PAGE 637  /  CONTRACTORSRELEASE OFLIENS. AND ACKNOWLEDGEMENT OFFINALPAYMENTI DUE  PROJECT:  CONTRACTOR acknowledges final payment due this date from  as full and final payment for the cost of the improvements  provided (OWNER) and, the sum of  for  in  the  above  referenced  contract  between 20 ,being the  (CONTRACTOR) dated  dollars, (S  remainder ofthe full amount açcruing to the CONTRACTORI by virtue ofsaid contract, including full payment for the cost of any extra work and material furnished by CONTRACTOR in the  construction ofsaid improvements, and all incidentals thereto.  Further, CONTRACTOR herebyreleases OWNER and ENGINEER, and their employees, subconsultants, and agents from all liens, claims, complaints or actions whatsoever growingoutof  said contract, and  Further, CONTRACTOR hereby certifies that all persons, corporations, or ofher entities doing work upon, or furnishing materials for, said improvements under the above referenced  contract have been paid in: full, with the exception ofthe following:  In witness whereof the undersigned has hereto set his hand and seal this  day of  20  CONTRACTOR:  BY:  (CORPORATE SBAL)  Subscribed and sworn tol before mei this  day of  20  Notary Public  My commission expires  70    VOLTT  PAGE 638  RELEASE BY SUBCONTRACTORS AND SUPPLIERS  a  The undersigned, having received payment in full for all labor, materials, supplies, or equipment  supplied to  (CONTRACTOR), or to any subcontractor, for the  construction oft the projectreferred to as Texas (ProjectNumber,  located in  ), does hereby release and waive any and all claims, liens, and  lien rights, of any kind, nature, or description whatsoever, against said project and the Owner  thereof, and against said CONTRACTOR.  (Name of Supplier, Subcontractor, Etc.)  By:. Date: Work orl Material: Amount: $  -  Subscribed and sworn to me this,  day of  20  Notary  My commission expires:  71    VOLTT  PAGE 639  3  A709  Certificate of Construction Completion (COCC) (Submit onei for each Prime Construation Contract)  Grant Recipient:.  TXCDBG Contract No:  This is to certify that at final Inspection oft the project described below was conducted ont the.  day of the  Contract was entered Into on the,  day of for  between the cllylcounty of  and.  construction of This is fo further certlfy that:  1. The work has been completed in accordance with the plans and specifications and all accordance with any confract liquidated damages requirements, separate from any liquidated the 3.Alip programmatic requirements have been met, all claims and disputes have been  change orders and supplemental agreements thereto.  amendments, Contractor In damages  2. The sum ofs.  has been deducted from the final payment to  resulting from Davis-Bacon compliance.  have been received, and all liens have been released.  seltled, all warranties  4. The Contractor has presented on behalf of Itself and Its suretles, satisfactory evldence that he wil repair, replace and rectly any faulty workmanship and/or materlals discovered in the work within or she 5. All bills for materlals, apparatus, fixtures, machinery, labor, and equipment used in connection  perlod of 121 months from this date, as provided in the Contract. construction of this project have been fully pald. Amount of Original Contract Cumulative Change Orders Final Amount of Contract Less Previous Payments Less Deductions (from: #2 above) FINAL PAYMENT (Balance)  a with the  6.  D  7. The Final Payment above Is now due and payable.  Certifled by the following Engineer, Contractor, and Chief Elected Officlal/Designee:  Engineer Tille Flm Contractor Title Firm  Chlef Elected Official/Designee  Title City/County  72    VOL TT CONSENT OF SURETY COMPANY TOI FINALPAYMENT  PAGE 640  -  PROJECT: CONTRACTDATE: OWNER: CONTRACTOR:  In: accordance with thej provisions oft the Contractbetweent the Owner and the Contractor as indicated above, the (here  insertname and address ofSurety Company)  SURETYCOMPANY, CONTRACTOR,  on. Bond of(here insert name and address ofContractor  D  hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not  relieve the Surety Company ofa any ofits obligations to (herei insert name ofOwner)  OWNER, dated.  as set for in the said Surety Company's Bond! No.. the Surety Company has hereunto set its hand this,  IN WITNESS WHEREOF,  dayof  Surety Company  Signatura of Authorized Representative  Title  Attest (SEAL)  )  73    VOL' TT  PAGE 641  Section 3 Requirements for Outreach and Reporting  Contractors are required to access the following resources to identify potential Section 3 employees IF any new employees arei needed, ORifvacancies exist for work on the project;  HUD's Section 3 OpportumityPortal-  yedpaalgnopemepwualhsmahartises Texas Workforce Solutions Mpshssaiatyson: or Local Workforce Solutions Office (WIOA One Stop Shop), if applicable- htps/waiwetsagovimsay-otihealliesevies  Job vacançies posted at! t/syserimisscn should include the: notation Sec3 in thejob title andjob description. Instructions are: attached. A copy ofthe posting must bej provided fori the While contractors are: not required to employ Section 3 Workers, they must demonstrate an effort toi identifypotential employees as appropriate, including documentation for any applicants thata are Similarly, all outreach efforts and attempts to comply with Section 3 guidelines, as well as any Documentation of outreach efforts must be maintained and submitted to the GrantWorks  project file.  Section 3 Workers.  impediments encountered despite the efforts undertaken, as applicable.  Project Manager or Labor Standards Specialist.  )  74    VOLTT  PAGE 642  Section 3 Policy Issuance for Construction Contracts Federal Revisions for Section 3: Requirements- TDAI Policy Issuance CDBG20-01  Effective Date: July 1, 2021 Applicability:  Section 3 ofthe Housing and Urban Development. Act of1968 requires that, to the greatest extent feasible, economic opportunity generated by CDBG: funds and other. HUD assistance, most importantly employment, is directed tol low- and very low-income persons, particularly those who are: recipients of govemment: assistance for housing, as well as residents ofthe community in which the federal funds are  spent.  The requirements apply to. the entire project that is funded with Section 3 covered financial assistance, regardless of whether the Section 3 project is fully- or partially-funded with CDBG All construction and administrative services contracts must comply with the: requirements below. Section 3 goals and data reporting requirements generally do not apply to contracts for materials, planning, and professional services. Professional services include non-construction services that require an advanced degree or professional licensing (e.g., engineering, architecture, land  assistance.  surveying, accounting).  Construction Contractor Compliance Overview:  Please note that Federal rules do not require Grant Recipients to contract or subcontract with a Section. 3 business concern, nor do thei rules require hiring of Section 3 workers. However, Grant Recipients must be able to demonstrate that, where possible, contracting, employment, and training opportunities were made Under the revised Section 3) Policy, Construction Contractors arerequired to complete the following, Please retum all completed forms to your GrantWorks Project Manager or Labor Standards Specialist.  3  ayailable to workers and businesses meeting Section 3 designation criteria.  Include required contract clauses in all construction contracts and subcontracts. See Required Complete the Certification of. Bidder Regarding Civil Rights Laws and Regulations Demonstrate outreach efforts to recruit Section 3 residents for employment. See Section 3 Confirm the Section 3 Status ofyour business by doing ONE ofthe following: Completing Form A1023 Certification as Section 3 Business Concern Providing documentation (e.g. screenshot, printouf) ofyour business' inclusion on any list or database published by HUD reporting Section 3 Status, such as HUD's Section 3 Business Rehty-iglpotiypaitpwhdp-RyesiatylBegihtyiome Complete Form A1022- Employer Certification Form for Section 3 listing all employees and their Section 3 Staius (to be completed by prime contractor). -OR- Have each employee complete Form GW1022- Employee Self-Certification Form for  Contract Clause- Section 3 Compliance Terms and Conditions  Requirements for Outreach and Reporting  Confirm the Section 3 Status ofall employees by doing ONE ofthe following:  Section 3 and submit that form with their first payroll  3  75    VOLTT  PAGE 643  Section 3 Definifions:  Section 3 is aj provision oft the Housing and Urban Development Act of 1968 for the purpose of ensuring that employment and other economic opportunities generated1 by certain HUD financial assistance shall, to the greatest extent feasible, be directed tol low- and very Iow-income persons, particularly those who are recipients of govemment assistance for housing, and to business concerns which provide economic Section 3 status may be applied toi individuals designated by HUD as either SECTION3 WORKERS or TARGETED SECTION 3 WORKERS and to businesses identified as SECTION 3 BUSINESS  opporlunifies to low- and verylow-income; persons.  CONCERNS: Section 3 Worker:  A Section 3 Worker is any worker who currently fits, or when hired within thej past five years fit, at least 1. The worker's income for the previous or annualized calendar year is below the income limit  one (1) ofthe following categories, as documented:  established by HUD  2. The worker is employed by a Section 3 business concern; or  3. The worker is a YouthBuild participant  Targeted Section 3 Worker: as Section 31 Worker who:  A Targeted Section 3 Worker: for Housing and Community Development Financial. Assistance Projects is 2. Currently fits or when hired fit at least one oft the: following categories, as documented within the  1. Is employed by a Section 3 Business Concem; or  past five (5) years:  a. Livingv within the: service are or the neighborhood oft the project; or  b. AYouthBuild; participant  Residents based outside the project Service Area DO NOT qualify as Targeted Section 3 Workers. See AS Section 3 Business Concern is al business that meets at least one oft the following criteria, documented  attached. Project Service. Area Map for exact boundaries,  Section 31 Business Concern: within thel last six (6) month period:  1) Atleast 51% owned and controlled byl low- or very low-income persons;  2) Over 75% of the labor hours performed for the business over the prior fhree-month period are 3) A business atl least 50% owned and controlled by current public housing residents orresidents who  performed by Section 3 workers; or currentlyl live in Section 8-assisted: housing.  76    VOL TT  PAGE 644  FEDERALLABOR: STAMDARDSIROVISIONS  Form HUD-4010 (10/2023) ref. Handbook 1344.1  U.S. Department ofl Housing and Urban Development Office ofDavis-Bacon and Labor Standards  A. 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 tot thej provisions applicable to i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 permittedl by regulations issuedb by the Secretary ofLabor under the Copeland Act (29 CFR part 3)), the full amount ofbasic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not Iess than those contained in the wage determination of the Secretary ofLabor which is. attached hereto and made a part hereof, regardless of any contractual relationship which may be: alleged to exist between the confractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (€), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalfoflaborers or: mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than aweekly period (but not less often than quarterly) underplans, funds, orprograms which cover the particular weekly period, are deemed to be constructively made ori incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) 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 classifications and wage rates conformed under 29 CFR 5.5(a)(1)(m) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site ofthe worki in aprominent: and accessible place where  such Federal assistance. Minimum wages and fringe benefits  1.  3  ito can be easily seen by the workers.  3  77    VOL TT  PAGE 645  ii. Frequently recurring classifications  )  A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to $ 1.3(f), wage and fringe benefit rates for classifications oflaborers and: mechanics forwhich conformance requests are: regularly submitted 1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been 2. The classification is used in the area by the construction industry; and 3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5@)C)GM)A)). Work performed in such a classification must bej paid at no less than the wage and: fringe benefit rate listed on A. The contracting officer must 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 confract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a 2. The classification is used 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.The conformance process: may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. C. If the contractor and the laborers and mechanics to be employed in the classification (ifknown), or fheirrepresentatives, and the contracting officer agree on the classification and wage rate (including fhe amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAcomfomame@.olgow The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days ofreceipt and sO advise the contracting officer orwill: notify the contracting officer within the 30-day period that additional time D. 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 will, by email to DBAcmibomme@ulgp, 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 ofr receipt and sO advise  pursuant to 29CER55A)I)GE), provided that:  determined;  the wage determination for such classification.  iii. Conformance  classification in the wage determination; and  isnecessary.  78    VOLTT  PAGE 646  the contracting officer or will notify the contracting officer within the 30-day E. The contracting officer must promptlynotify the contractor oft the action taken by the Wage and Hour Division under 29 CFR5.5 (a)(1)(m)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR5.5 (a)(1)(m)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in  period that additional time is necessary.  the classification.  iv. Fringe benefits not expressed as an hourly rate  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 may either pay the benefit as stated in the wage determination or may pay anofher bona Ift the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any Iaborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary ofLaborl has found, upon the written request ofthe contractor, in accordance with the criteria set forthi in 29 CFR 5.28, that the applicable standards ofthe Davis-Bacon Actl havel been met. The Secretary ofLabor may require the contractor to set aside in a separate account assets for the meeting of obligations under thej plan or program. vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor willl be required toj pay interest on any underpayment ofwages.  fide fringe benefit or an hourly cash equivalent thereof.  V.  Unfumded plans  2.  Withholding i.  Withholding requirements  The U. S. Department of Housing and Urban Development may, upon its owh action, or must, upon written request of an authorized representative of the Department ofLabor, withhold or cause tol be withheldi from the contractor S0I much ofthe accrued payments or advances as may be considered: necessary to satisfy the liabilities ofthe prime contractor or any subcontractor: fort thei full amount ofwages and monetary relief, including interest, required by the clauses set: forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The: necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract thatis subject tol Davis-Bacon labor standards requirements andi is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such: funds may be used to satisfy the contractor liability for which the funds were withheld, Int the event ofacontractor's failure to pay any laborer or mechanic, including any apprentice or helper working oni the site ofthe work (orotherwise workingi in construction OL development ofthe project under a development statute) all or part of the wages required by the  79    VOLTT  PAGE 647  a  contract, orupon the contractor's failure to submit the requiredrecords: as discussed in2 29 CFR. 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case: may be, take such action as may be necessary to cause the suspension ofany further payment, adyance, or guarantee of funds until such violations have ceased, The Departmenthas priority to finds withheld or to be withheld: in accordance with 29 CFR5.5(a)(2)G) or (b)(3)(), or bofh, over claims to those finds by: A. A contractor's surety(ies), including without limitation performance bond C.A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy ofa contractor, or a contraclat'sbankmpty estate; F.A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.  ii. Priority to withheld funds  sureties and payment bond sureties; B. Ac contracting agency for its: reprocurement costs;  D.Acontractor's assignee(s); E.Acontractor's successor(s); or Records and certified payrolls I. Basic record requirements  3.  A. Length of record retention. All regular payrolls and other basic: records must bemaintained by the contractor and any subcontractor during the course ofthe work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for aj period ofa at least 3 years after all the work on the prime B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) ofwork actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof oft the types described in 40U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages C.Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under aj plan or program described in 40 U.S.C. 3141(2)(B) of the Davis- Bacon Act, the contractormust maintain records which show that the commitment fo 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 ori mechanics affected, and recordswhich show the costs anticipated or the D, Addifional records relafing to apprenficeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration ofthe apprentices, and the  contract is completed.  paid.  actual cost incurred inj providing such benefits.  ratios and wage rates prescribed in the applicable programs.  ii. Certified payroll requirements  80    VOL TT  PAGE 648  A. Frequency and method of submission The confractor or subcontractor must submit weekly, for each weeki in which any'DBA- or Related Acts-covered work is performed, certified payrolls to. HUD ift the agency is ap party to the contract, but: if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission toHUD. Thej prime contractor is responsible for the submission ofall certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable orl limited ini its ability to use or access the B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)()(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., thel last four digits ofthe worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any ofher format desired. Optional Form WH-3471 is available for this purpose from the Wagea and HourDivision' Web site at Atps/wwW.do-gov sites/dolgov/iles/WEDlegacy/les/n347-pd: or its successor website. Iti is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case C. Statement of Compliance Bach certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays OE supervises thej payment ofthej persons working on the contract, andi must cerlify the following: 1. That the certified payroll for the payroll period contains the informationt required to bej provided under 29 CFR 5.5(2)(3)(); the appropriate information and basic records arel being maintained under 29 CFR5.5()()0, and such information and 2. That each laborer or mechanic (including each helper and apprentice) working 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 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(s) of work  electronic system  maybe, that maintains such records).  records are correct and complete;  permissible deductions as set forth in 29 CFR part 3; and  81    VOL TT  PAGE 649  actually performed, as specified in the applicable wage determination  a  into the contract.  incorporated  D. Use of Optional Form WH-347 The weekly submission ofaproperly executed certification set: forth on the reverse side ofOptionai Form WH-347 will satisfy the requirement: for submission ofthe "Statement ofC Compliance" required by 29 CFR E. Signature The signature by the contractor, subcontractor, ori the contractor's or subcontractor's agent must be an original handwritten signature or a. legally valid E.Falsification The falsification ofany ofthe above certifications: may subject fhe contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 G.Length of cerfified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course oft the work and for a period of3 ili. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain fhis contract or subcontract and: related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course ofthe work and for aperiod of3; years after all the work A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5()(3)Q-(m), and any ofher documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR5.1, available fori inspection, copying, or transcription by authorized representatives ofHUD or the Depariment ofLabor, and must permit such representatives toi interview workers during working hours on thej job. ESadmhrsawpeA records and worker access requirements Ifthe comtadororsabeumtmcler: fails to submit the required records or to make them available, or refuses to permit worker inferviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, thatmaintains such records ort that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make thoser records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the  5.5(a)(3)()(C). electronic signature. and 31 U.S.C.3729.  years after all the work on the prime contract is completed.  on thej prime contract is completed. ivl Required disclosures and access  -  J -  82    VOL TT  PAGE 650  request and may consider, among other things, the location of the records and the C.Required information disclosures Contractors and: subcontractofs must maintain the full Social Security number and Iast known address, telephone number, and email address of each covered worker, and must provide them upon: request to HUD ifthe agency: is aparty to the contract, orto the Wage and HourDivision ofthe Depariment ofLabor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and lastknown address, telephone number, and email address ofeach covered Iworker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains mahreris,fortmmision tol HUD, the contractor, ort the Wage and HourDivision of the Department of Labor for purposes of an investigation or other compliance  volume ofproduction.  action, i. Apprentices  4.  Apprentices and equal employment opportunity  A.F Rate ofpay. Apprentices will bepermitted to work atl less than fhepredetemined rate for the work theyperform when they are Pyrersiay registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. Aj person who is notindividually registered in the program, but who has been certified by the OA. or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such aj program. In the event the OA ora State. Apprenticeship Agency recognized by the OA wifhdraws approval of an apprenticeship program, the contractor will no Ionger be permitted to use apprentices at less than the applicable predetermined rate for the work performed B.I Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. Ift the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount ofi 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, fringe benefits must be paid in accordance with that C.Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on thej job sitei in any craft classification must not be greater than the: ratio permitted to the contractor as to the entire work force under the: registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5()(4)Q0(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5()(4))(A), must be paid not less than the applicable wage rate on the wage determination for the classification ofwork actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.  until an acceptable program is approved.  determination.  3  83    VOL TT  PAGE 651  a  D. Reciprocity of ratios and wage rates Where a contractor is performing construction on aj project in a locality ofher than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction: is being performed must be observed. Ifthere is no applicable ratio or wage rate for the locality 'of the project, the ratio and wage rate specified in the ii Equal emgloymemtopportuntiy Thet use ofapprentices mdjoumypotesmmirti: part must be in conformity with the equal employment opportunity requirements of  contractor's registeredp program must be observed. Executive Order 11246, as amended, and 29 CFR part 30.  5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of29 CFR.part3, which arei incorporated by reference in this contract. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with fhe applicable wage determination(s) and such other clauses or contract modifications as fhe U.S. Department ofHousing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or Iower tier subcontractor with all the contract clauses in this section, In the event of any violations ofthese clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers oflower-tier subcontractors, and may be subject to 7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination ofthe contract, and for debarment as a contractor and a subcontractor 8 Compliancer with Davis-Bacon and Related Actrequirements. Allrulingsa andi interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3, and 5 are herein 9 Disputes concerning Iabor standards. Disputes arising out of the labor standards provisions ofthis contract shall notbes subject to the general disputes clause ofthis contract. Such disputes shall be: resolved in accordance with the procedures ofthel Department ofLabor set: forth in 29 CFR parts 5, 6, and' 7. Disputes within the meaning ofthis clause include disputes between the confractor (or any of its subcontractors) and the contracting agency, the U.S. Depariment of i.By entering into this contract, the contractor certifies that neither it nor any person or firm who has -an interest in the contractor's firm is a person or firm ineligible to be awarded it. No part ofthis contract shalll be subcontracted to any person or fim ineligible for award ofa ili. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and 11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any  debarment, as appropriate. as provided in 29 CFR.5.12.  incorporated by reference int this contract.  Labor, or the employees ort their representatives.  10. Certification of eligibility.  Government contracts by virtue of40US.C.31440) or 29 CFR5.12(a). Government contract by virtue of401 U.S.C. 3144(b) or 29 CFR5.12(a).  Criminal Procedure, 181 U.S.C. 1001,  3  84    VOL TT  PAGE 652  person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in i.Notifying any contractor of any conduct which the worker reasonably believes constitutes a ii. Filing any complaint, initiating or causing to be initiated any proceeding, or ofherwise asserting or seeking to assert on behalfofthemselves or others any right or protection undert the iii, Cooperating in any investigation or other compliance action, or testifying in anyproceeding iv. Informing any other person about their rights under the DBA, Related. Acts, or 29 CFR parts The. Agency Head must cause or require the contracting officer to insert the following clauses set forth in: SCRS500AQ.0X4.m (5)in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of$100,000 and subject to the overtime provisions oft the Contract Work Hours and Safety Standards. Act. These clauses must be inserted in addition to the clauses required by 29 CFR5.5(a) or 4.6. As used in this paragraph, the terms "laborers and mechanics" include watchpersons 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 permita any such laborer OI mechanic in any workweek in which he or shei 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-halftimes the basic rate of 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR. 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date oft thet underpayment. 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 watchpersons and guards, employed in violation of the clause set forth in 29 CFR5.5(b)(I), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek offorty hours without payment of the overtime wages required by the clause set forth in 29 CFR i. Withholding process The U.S Department of Housing and Urban Development or the recipient ofFederal assistance may, upon its own action, or must, upon written request ofan authorized representative ofthe Department ofLabor, withhold or cause tol be withheld from the contractor so much ofthe accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetaryrelief, including interest; and liquidated damages required by the clauses set forth in29 CFR5.5(b) on this contract, any other Federal contractwith the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal  other manner discriminate against, any worker or job applicant for: violation ofthe DBA, Related. Acts, or 29 CFR parts 1,3, or5;  any  DBA, Related Acts, or 29 CFR parts 1, 3, or5;  under the DBA, Related Acts, or 29 CFR parts 1,3, or 5; or B. Contract Work Hours and Safety Standards Act (CWHSSA)  1,3, or5.  pay for all hours worked in excess of: forty hours in such workweek.  5.5(b)(1).  3. Withholding for umpaid wages and liquidated damages  O  85    VOL TT  PAGE 653  contract with thes same] prime contractor, orany other federally assistedcontract: thati is to the Contract Work Hours and Safety Standards Act and is held by the same subject prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds ii Priority to withheld funds Thel Department has priority to: funds withheld or tol be withheld in accordance with29 CFR5.5()(2)0) or (b)(3)(), orboth, over claims to those funds by: A. A contractor's surety(ies), including wifhout limitation performance bond sureties and C.At trustee(s) (either a court-appointed trustee or aU.S. trustee, orl both) in bankruptcy ofa    were withheld,  payment bond sureties;  B.A contracting agency fori its reprocurement costs; contractor, or a contractor's bankruptcy estate; D.Acontractor's assignee(s); E.Acontractor's: successor(9); or  F.A claim asserted under the Prompt. Payment Act, 31 U.S.C. 3901-3907.  4. Subcontracts. The contractor or subcontractor must: insert in any subcontracts the clauses set forth in 29 CFR: 5.5b()through (5) and a clause requiring thes subcontractors toi include these clauses in any lower tier subconfracts. The prime contractor is responsible for compliance by any subcontractor or lower fier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) fhrough (5). In the event of any violations of these clauses, the prime contractor and any muboeumimaarrsponihie willl be liable for any unpaid wages and monetaryrelief,; including interest from the date of fhe underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as 5Ant-retaliation Iti ist unlawful: for any person to discharge, demote, intimidate, threaten,restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to canse any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ori in any other manner i.Notifyingany contractor ofany conduct which the wotersomhybeioves constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its fi. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting ors seekingto assert on behalfofthemselves: or others mytightorprotectiont under ii. Cooperating in any investigation or other compliance action, or testifying in any iv. Informing any ofher person about their rights under CWHSSA or 29 CFR part 5. C.C CWHSSA required records clause In addition to the clauses contained in 29 CFR. 5.5(b), in any contract subject only toi the Confract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and ofher basic records during the course of the work and must preserve them: for aj period of3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security mumber of each such worker; each worker's correct classification(s) of work.  appropriate.  discriminate against, any worker orj job applicant for:  implementing regulations in 29 CFR part 5;  CWHSSA or 29 CFR part5 5;  proceeding under CWHSSA or 29 CFR. part 5; or  86    VOLTT  PAGE 654  actually performed; hourly rates of wages paid; daily and weekly mumber of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer toi insert in any such contract: a clause providing that the: records to be maintained under this paragraph must 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 ofLabor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on thej job. D.Incorporation ofcontract clauses and wage determinations byreference. Although agencies are required to insert the contract clauses set: forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and suocontractors are required to insert them in any lower-fier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect E. Incorporation by operation of Iaw The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be lslaptfowyr cmaimgindlylaplae statutes referenced by 29 CFR5.1 to include such clauses, and will be effective by operation of law,whether or not theyare included or incorporated byreference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application ofthis paragraph. Where the clauses and applicable wage determinations are effective by operation oflaw under this paragraph, the prime confractor must be compensated for any resulting increase in wages  3  asi ifthey were inserted in full text.  in accordance with applicable Iaw. F.HEALTH AND SAFETY exceeds $100,000.  J  The provisions of this paragraph (F) are applicable where the amount of the prime contract 1.No laborer or mechanic shall be required to work: in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or herh health and safety, as determined under construction safety and health standards promulgated by the Secretary ofLabor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary ofLabor pursuant to 29 CFR. Part 1926 and failure to complymayresult: in imposition ofsanctions pursuant toi the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. $ 3701 et seq. 3. The contractor shall include the provisions ofthis paragraph in every subcontract, sO that such provisions willl bel binding on each subcontractor. The contractor shall take such action with respect toa any subcontractor asthe Secretary ofHousing: gandi Urban Development or the! Secretary ofLabor  shall direct as ai means of enforcing such provisions.  )  87    VOLTT  PAGE 655  TITLE 29: LABOR  5  PART 3--CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED  STATES Contents $3.1 Purpose ands scope. $3.2 Definllions.  $3.3 Weakly statementi wilhr respact to! paymant ofwages. $3.4 Submission ofw waekly statemenis and the preservation: and! inspection ofweekly payroll records. $3.5 Payroll deductions permisslbles without application to ors approval ofihe Secrelary ofLabor. $3.6 Payroll deduclions permisslbie wiht the approval oft the Secralary ofLabor. $3.7 Appllcations! forl the approval ofthe Secrelaryoflabor. $3.8 Action! by the Sacrelary ofLabort upon applicatlons. $3.9 Prohlbited payrall deduclians. $3.10 Melhods ofpayment ofw wages. 53.11 Regulations parto ofc contract.  AUTHORITY: R.S. 161, SeC. 2, 48 Stat. 848; Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 301; 40 U.S.C. 3145; Secretary's Order 01-2008; and Employment Standards Order No. 2001-  01.  SOURCE: 29 FR97, Jan. 4, 1964, unless otherwise noted.  $3.1 Purpose and scope.  This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which Is for the construction, prosecution, completion, or repair of public bulldings, public works or buildings ar works financed inv whole or in pari by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally assisted construction that contain similar minimum wage provisions, Including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of1 1950, the Federal Water Pollution Control. Act, and fhe Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative tot the weekly submission of statements regarding the wages paid on work covered fhereby; sets forth the circumstances and procedures governing the making of payroll deductions fromi the wages of those employed on such work; and delineates the methods (a) The terms building or work generally Include construction aclivity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, bulidings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canais; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the slte of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federai or State agency acquires title to such materlals, articles, supplies, or equipment during the coyrse ofi the manufacture or furnishing, or ownsi ther materials: fromwhichi theya are manulactured ori furnished)! Isnota building or workwithin  D  ofp payment permissible on: such work. As used in the regulations int this part:  $3.2 Definltions.  O  the meaning of the regulations in this part.  88    VOLTT  PAGE 656  (b) The terms construction, prosecution, completion, or repairmean all types of work done on a particular building or work at the site thereof, Including, without Iimltation, altering, remodellng, painting and decorating, the transporting of materials and supplies to or from the bullding or work by fhe employees of the construclion contractor or construction subcontractor, and the manufacturing orfumishingofmaterials, articles, supplies, or equipmentont thesieofthebuliding (c) The terms public bullding or public work include bullding or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency Is a contracting parly, (d) The term bullding or work financed in whole or In part by loans or grants from the United States Includes bullding or work for whose construction, prosecutlon, completion, or repair, as defined above, payment or part payment is made directly or Indirectly from funds provided by loans or grants by a Federal agency, The term Includes bullding or work for which the Federal (e) Every person pald by a contractor or subcontractor In any manner for his labor in the construction, prosecution, completion, or repair of a publlc buliding or public work or bullding or work financed in whole or in part by loans or grants from the United States Is employed and recelving wages, regardless of any contractual relationship alleged to exist between him and the (f) The term any affillated person includes a spouse, chlld, parent, or other close relative of the contractor or subcontractor; a pariner or officer of the contractor or subcontractor; a corporation closely connected with the contractorors subcontractor as parent, subsidlary, or otherwise, and an (g) The term Federalagnaymeans: the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalties of the United States and of the District of Columbla, Including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by fhe District of Columbla, or any of  orwork, by persons employed at the site by the contractor or subcontractor.  regardless of whetheri title thereof Is In a Federal agency.  assistance granted Is In the form of loan guarantees or Insurance.  real employer.  officer or agent of such corporation.  the foregoing departments, estabiishments, agencies, and instrumentalttes. [29 FR 97, Jan. 4, 1964, as amended at 38 FR 32575, Nov. 27, 1973] $3.3 Weekly statement with respect to payment of wages.  (a) As used in this section, the term employee shall not apply to persons In Classifications higher thani hatolaborerormechanie. and those who are the immediate supervisors ofsuch employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public buliding or public work, or bullding or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of Its employees engaged on work covered by this part 3 and part 5 ofthls title during the preceding weekly payrall period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on the back of Form WH 347, "Payroll (For Contractors Optional Use)" or on any form with Identical wording. Coples of Form WH 347 may be obtalned from the Government contracting or sponsoring agency or from the Wage and Hour Division Web site at pwdagwéswnaelwhdlemswaSA/hathmn or its successor site. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary ofLabor may speclfy. [29 FR97,Jan. 4, 1964, as amended at33F FR 10186, July 17, 1968;47F FR2 23679, May 28, 1982; $3.4 Submission of weekly statements and the preservaton and Inspectlon of weekly payroll  73FR77511, Dec. 19, 2008]  records.  L  89    VOL TT  PAGE 657  (a) Each weekly statement required under $3.3 shall be dellvered by the contractor or subcontractor, within seven days after the regular payment date of the payroli perlod, to a representative ofa al Federal or State agency In charge at the site oft the bullding or work, or, Ifthere is not representative ofal Federal or State agency att the site oft the bullding or work, the statement shall be malled by the contracior or subcontractor, within such time, to al Federal or State agency contracting for or financing the bullding or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept avallable, or shal! be transmltted together with al report of any violation, In accordance with applicable procedures prescribed by the United (b) Each confractor or subcontractor shall preserve his weekly payrollrecords fora aj period oft three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanlc, hls correct classification, rate ofpay, dally and weekly number ofhours worked, deductions made, and actual wages paid. Such payroll records shall be made avallable at all times for Inspection by the contracting officer or hls authorized representative, and by authorized representatives oft the Depariment of! Labor. (Reporting and recordkeeping requirements in paragraph (b) have been approved by the Office $3.5 Payroll deductions permissible without application to or approval of the Secretary ofL Labor, Deductions made under the ciroumstances ori ini the situations described ini the paragraphs oft this section may be made without application to and approval ofthe Secretary of Labor: (a) Any deduction made in compllance wlth the requirements of Federal, State, or local law, such as Federal or State withholding Income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a! bona fide prepayment of wages when such prepayment! is made without discount or interest. A. bona fide prepayment of wages is considered tol have been made onlywhen cash ori its equlvalent has been advanced toi the person employed in such manner as to give! him complete freedom of disposition oft the advanced funds. (c) Any deduction of amounts required by court process to be pald to another, unless the deduction is in favor of the contractor, subcontractor, or any affillated person, or when collusion (d) Any deduction constituting a contrlbution on behalf of the person employed to funds established byt thee employer ereptemahesdemplym, or both,f forthe purposed afproviding either from principal or income, or both, medical or hospital care, pensions or annuitles on retirement, death benefits, compensation for injuries, Hness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or simllar payments for the benefit of employees, their families and () Voluntarily consented to by the employee in writing and In advance of the period In which the work is to be done and such consent is not a condition eifher for the obtaining of or for the () provided for in a bona fide collective bargaining agreement between the contractor or (3) No profit or other beneflt is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affillated person int the form of commission, dividend, or otherwise; and (4) The deductions shall serve the convenlence and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds  States Depariment of Labor.  of! Management and Budget under control number 1215-0017) [29 FRS 97, Jan. 4, 1964, as amended at 47 FR145, Jan. 5, 1982]  D  or collaboration exists.  dependents: Provided, however; That the following standards are met: (1)The deduction Is not otherwise prohibited by law;  (2) Itis either:  continuation ofe employment, or  subcontractor and representatives ofi its employees;  when voluntarily authorized by the employee.  -  90    VOLTT  PAGE 658  () Any deduction requested by the' employee to enable him to repay loans to or shares ine credit unions organized and operated in accordance with Federal and State to purchase (g) Any deduction voluntarily authorized by the employee for the making of contributlons to governmental or quas-govermental agencles, such as the. American Red Cross. (n) Any deduction voluntarily authorized by the employee for the making of contributions to Communlty Chests, United Givers Funds, and similar charitable organlzatlons. ()A Any deductions to pay regular unlon Initlation fees and membership dues, notl Including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions G)A Any deduction not more than for the "reasonable cos!" of board, Iodging, or other facilities meeting the requirements of section 3(m) of the FalrLabor Standards Act of 1938, as amended, and part 531 oft this fitle. When such a deduction is made the additional records required under (k). Any deduction for the cost of safely equipment of nominal value purchased by the employee as his own properly for his personal protection in his work, such as safety shoes, safety glasses, safety gloves, and hard hats, if such equipment is not required by law to be furnished by the employer, If such deduction Ist not violative of the Fair Labor Standards Act or prohibited by other law, IF the cost on which the deduction is based' does not exceed the actual cost toi the employer where the equipment Is purchased from him and does not include any direct or indirect monetary return tot theemployerwherei the equipment! is purchased: from ai fhird person, and ift the deduction (1)Voluntarily consented fo byt the employee in writing and In advance oft the period in which the work Is to be done and such consent is not a condition either for the obtaining of employment or (2) Provided for in a bona fide collective bargaining agreement between the contractor or  statutes.  credit union  and the deductions are not otherwise prohibited by law.  $516.25(a) oft this title shall be kept.  is elther  its continuance; or  J  subcontractar and representatives of lis employees. [29 FRS 97, Jan. 4, 1964, as amended at 36 FR 9770, May 28, 1971] $3.6 Payroll deductions permissible with the approval oft the Secretary ofLabor. Any contractor or subcontractor may apply toi the Secretary ofL Labor for permission to make any deduction not permitted under $3.5. The Secretary may grant permission whenever he: finds that; (a) The contractor, subcontractor, or any affilated person does not make a profit or benefit directly or Indirectly from the deduction elther in the form of a commisslon, dividend, or otherwise; (c) The deduction is either (1) voluntarlly consented to byt the employee in writing and In advance of the period in which the work is to be done and such consent Is not a condition elther for the obtaining ofemplaymento or its continuance, or (2) provided forinal bona fide collective bargaining agreement between the contractor or subcontractor and representatives ofi its employees; and Any application for the making of payroll deductions under $3.6 shall comply with the (a): The application shall bei in writing and shall be addressed to the Secretary of Labor. (b)" The application need not identify the contract or confracts underv whlch the work in question is tol be performed, Permission will be given for deductions on all current and future contracts ofthe applicant for a perlod of 1 year. A renewal of permission to make such payroll deduction will be granted upon the submission of an application which makes reference toi the original application, recites the date of the Secretary ofl Labor's approval of such deductions, states affirmatively that there is continued compliance with the standards set forth In the provislons of $3.6, and specifies  (b) The deduction is not otherwise prohibited by law;  (d) The deduction serves the convenlence and interest oft the employee. $3.7 Applications for the approval oft the Secretary of Labor. requirements prescribed Int the following paragraphs of this section:  any conditions which have changed in regard to the payroll deductions.  91    VOL TT  PAGE 659  (c)7 The application shall state affirmatively that there is compliance with the standards set forth In the provisions of $3.6. The affirmation shall be accompanled by a full statement of the facts (d) The application shall! Include a description ofthe proposed deduction, the purpose tol be served thereby, and the classes of laborers or mechanlcs from whose wages the proposed deduction (e) The application shall state the name and business of any fhird person to whom any funds obtained fromi the proposed deductions are to be transmltted and the affillation of such person, If  E  indicating such compllance. would be made. any, with the applicant.  [29 FRS 97, Jan. 4, 1964, as amended at 36 FR9771, May 28, 1971] $3.8 Action by the Secretary of Labor upon applications. provislons of $3.6; and shall notify the applicant In writing of his decislon.  The Secretary ofl Labor shall decide whether or not the requested deduction Is permissible under Deductions not elsewhere provided for by this part and which are not found to be permissible The payment of wages shall be by cash, negoliable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other All contracts made with respect to the construction, prosecution, completion, or repair of any public bullding or public work or bullding or work financed in whole or In part by loans or grants fromi the United States covered by the regulations Int this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this  $3.9 Prohibited payroll deductions. under $3.6 are prohibited. $3.10 Methods of payment of wages. $3.11 Regulations part of contract.  methods of payment shalll be recognized on work subject toi the Copeland Act.  regard, see $5.5(a) oft this subtitle.    92    VOLTT  PAGE 660  3  Texa-Department ofAgriculture Texas CammumiyDeviayment Dlock GrantProgram POBox12847 Austin,? TX7 78711.  POLICYISSUANCE CDBG23-01 Effective Date: December1,2023  SUBJECT: BACKGROUND: the grantagrement.  New Federal apunmss-BABABsVAVA  Beginning in Program Year 2023, TxGDBG Grant Recipients must comply. wilh (wo new federal requiremenis. For those grants fo which these requirements apply, as spacial condition is included,n The U.S, Department of Housing and Urban Davelopment (HUD) is devaloping guidance in order to implement bolh new requirements. TDA will continue to monitor this guidance and update the 2023 TxCDBG Grant Recipients must complywith thel Buy America, Build America Act (BABA). HUD has provided a phased Implemenfalion schedule for various materials to bo required to complywith BABA. The curent Manual accelerates this schedule. to apply! BABA requiremenis consislenlly fora ali applications in the 2023-2024 grant cycle. Based on the federal guidance to date, IDA has delermined fhat adhering mors closely to the HUD schedule will benelit Grant Recipients. This means that granfs awarded in Program Year 2024 wil be required to provide doçumentation of ACTION: The TxCDBG! Project Implementation. Manual is modified to rellect ther most curent federalg guidance and IxCDBG implementaltion! instructions fo Grant Recipients: Chapfer4- Grant Agreement Special Gonditions Chapler 10-Civil Rights Requirements Form A1025-VAWA Certification AppendixB-F Required Contract Provisions Appendix F-Sample Construction Bid Packet Appendix G- Sample MaterialE Bid  IxCDBGE Project Implementation Manual (Manual) as needed.  Buy Americal Praference  compliance wilh! BABAI for ar morei expansiye list oft maferials.  y  IMPLEMENTATION: This policy issuance is effeclive Immediately. The granis to which tha new federal requirements apply are currenlly in the pra-agreement pariod and may proceed with cerlain administrative andlor engineering fasks in compliance with all federal, state, and pragram  requirements.  Areba) Suzannel Bamard, State Direclor Texes Community! Davelopment! Block Grant Program Texas Dapariment ofA Agricullure  1  3  93    VOLTT  PAGE 661  MINORITY/FEMALE GOALS AND TIMETABLES percentages for minority participation in Texas are:  The female employment goal is effective as of April 1980 and is currently 6.9%. The  Texarkana Area: Texarkana & Bowie Co. Tyler-Longview Area: Longview,Gregg Co. & Harrison Co. Tyler & Smith Co.  19.7 20.2 22.8 23.5  Non-MSA.Coumties of Camp, Cass, Lamar, Morris, RedRiver-&' Titus  Non-MSA Counties ofAnderson, Angelina, Cherokee, Henderson, Marion, Nacogdoches, 22.5  Panola; Rusk, San Augustine, Shelby, Upshur & Wood  Beaumont-Port, Arthur Area:  Beaumont, Port. Arthur, Orange, Hardin Co., Jefferson Co., & Orange Co. Non-MSA Counties ofJasper, Houston, Newton, Sabine, &' Tyler  22.6 22.6 23.7 28.9  Houston Area:  Bryan, College Station & Brazos Co. Galveston, Texas City & Galveston Co.  Houston, Brazoria Co., Fort Bend Co., Harris Co., Liberty Co., Montgomery Co. & Waller 27.3 Non-MSA Counties of Austin, Burleson, Calhoun, Chambers, Colorado, DeWitt, Fayette, 27.4 Goliad, Grimes, Jackson, Lavaca, Leon, Madison, Matagorda, Polk, Robertson, San Jacinto,  Co.  Trinity, Victoria, Walker, Washington, & Wharton Austin, Hays Co., Travis Co., & Williamson Co.  Austin Area:  24.1 24.2 16.4 20.7 18.6  Non-MSA Counties of Bastrop, Blanco, Burnet, Caldwell, Lee & Llano  Waco, Killeen, Temple Area: Killeen, Temple, Bell Co. & Coryell Co. Waco & McLennan Co. Milam & Mills Dallas, Fort Worth. Area:  Non-MSA Counties ofI Bosque,Falls, Freestone, Hamilton, Hill, Lampasas, Limestone,  Dalias, Fort Worth, Collin Co., Dallas Co., Denton Co., Ellis Co., Hood Co:Johnson Co., 18.2  Kaufman Co., Parker Co., Rockwall Co., Tarrant Co. & Wise.Co. Montague, Navarro, Palo Pinto, Rains, Somervell, & Van Zandt  Sherman, Denison & Grayson Co.  9.4 17.2  Non-MSAComties of Cooke; Delta, Erafh, Fannin, Franklin, Hopkins, Hunt, Jack,    94    VOLTT Wichita Falls Area:  PAGE 662  5  Wichita Falls, Clay Co. & Wichita Co.  Non-MSA. Counties ofArcher, Baylor, Cottle, Foard, Hardeman, Wilbarger & Young  11.0 12.4  Abilene Area:  Abilene, Callaghan Co., Jones Co. &' Taylor Co.  11.6  Non-MSA Counties ofBrown, Coleman, Comanche, Eastland, Fisher, Haskell,Kent, Knox, 10.9  Mitchell, Nolan, Scurry, Shackleford, Stephens, Stonewall & Throckmorton  San Angelo Area: San. Angelo & Tom Green Co.  19.2 20.0  Non-MSA Counties ofCoke, Concho, Crockett, Irion, Kimble, McCullough, Mason, Menard, Reagan, Runnels, San Saba, Schleicher, Sterling, Sutton &' Terrell  San Antonio Area: Laredo & Webb Co.  87.3 47.8  San Antonio, Bexar Co., Comal Co. & Guadalupe Co. Uvalde, Val Verde, Wilson, Zapata & Zavala Corpus Christi, Nueces Co. & San Patricio Co.  Non-MSA Counties ofAtascosa, Bandera, Dimmit, Edwards, Frio,Gillespie, Gonzales, Jim 49.4 Hogg, Karnes, Kendall, Kerr, Kinney, La Salle; McMullen, Maverick, Medina, Real,  Corpus Christi Area: "Oak & Refugio  41.7 44.2  Non-MSA_Comties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live  Brownsville, McAllen, Harlingen Area: Brownsville, Harlingen, San Benito & Cameron Co. McAllen, Pharr, Edinburg & Hidalgo Co. Non-MSA Counties of Starr & Willacy Odessa, Midland Area: Midland & Midland Co. Odessa & Ector Co. Reeves, Upton, Ward & Winkler El Paso Area: EI Paso &E1 Paso Co. Lubbock Area: Lubbock &Lubbock Co.  71.0 72.8 72.9 19.1 15.1 18.9  Non-MSA Counties of Andrews, Crane, Glasscock, Howard, Loving, Martin, Pecos,  57.8 49.0 19.6 95  Non-MSA Counties of Brewster, Culbertson, Hudspeth, Jeff.Davis & Presidio    VOLTT  PAGE 663  -Non-MSA Counties ofBailey, Borden, Cochran, Crosby, Dawson, Dickens, Eloyd, Gaines, 19.5  Garza, Hale, Hockley, King, Lamb, Lynn, Motley, Terry & Yoakum  Amarillo Area:  Amarillo, Potter Co. & Randall Co.  9.3 11.0  Non-MSA. Counties of Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Roberts, Sherman, Swisher; & Wheeler  96    VOLTT  PAGE 664  -  REQUIRED CONTRACT PROVISIONS (H) Debarment and Suspenslon (Executive Orders 12549 and 12689)--A cantract award (see 2 CFR 180.220) must not be made to partles listed on the goverment-wide Excluded Parties LIst System In the System for Award Management (SAM),. in accordance with the OMB guidelines at 2 CFR 180 that Implement Execulive Orders 12549 (30 CFRPart1986 Comp., p. 189): and 12689 (3CFR Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parlles debarred, suspended, or otherwise excluded by agencies, as well as parlles declared Ineligible under statutory or regulatory authorily other than Executive Order 12549. The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General oft the United States, and the Texas Department of Agriculture (TDA), and the Clty/County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Contractor which are pertinent to the TxCDBG award, In order to make audils, examinations, excerpls, andi transcripts and to closeout the City's/County's TXCDBG contract with TDA. Grantees or subgrantees must retain all required records for three years after grantees or subgrantees make final payments and all ofher pending matters are closed, Sec, 176.003. CONFLICTS DISCLOSURE STATEMENT () A local government officer shall file a conflicis disclosure statement withrespecii to a vendor If: (1) the vendor enters Into a contract with the local govemmental entiy or the local govemmental entity Is considering entering Into a contract with the vendor; and  All Contracts THRESHOLD  PROVISION  CITATION  None  2GFR200 APPENDIXIIH)  Part 1989  None  2CFR200.337  None  2CFR200.334  REQUIRED.  (2) the vendor:  (A) has an employment or ofher business relationship Chapter 176 oft the with the local govemment officer or ai family member oft the Local Government  None  officer that results Ini the officer or famlly member recelving taxable Income, other than Invesiment Income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: 0 a contract between the local governmental entity and vendor has been executed; or (I) the local governmental entily is considering entering Into a contract with the vendor;  Code  97    VOL TT  PAGE 665  (B) has glven toi the local government officer ora ai famlly member of the officer one or more glfts fhat have an aggregate value of more than $100 Ini the 12-month period preceding the date the officer becomes aware that: () a confract between the local govemmental entlty and (I) the local governmental entlly is considering entering (C) has a family relatlonship with the local government (a-1) A local government officer is not required to file a conflicts disclosure statement In relation to a gift accepted by the officer or a famlly member ofthe officer if the gift (1) aj pollical contrlbution as defined by Tile 15, Election (a-2) A local govemment officer Is not required to fle a conflicts disclosure statement under Subsection (a) If the local governmental entity or vendor described by that subsection Is an administrative agency created under (b) A local govemment officer shall file the conflicts disclosure statement with the records administrator of the local govemmental ently not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the fling of the (B) All contracts In excess of $10,000 must address fermination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. Use the following language forcontacts>$100:  vendor has been executed; or Into a contract with the vendor; or  officer.  Is: Code; or  (2) food accepted as a guest.  Section 791.013, Government Code.  statement under Subsection (a).  Termination for Cause  >$10,000 IFthe Contractor: fails to fulfll In ai timely and proper manner  2CFR200  Its obligations under this Agreement, or If the Contractor APPENDIXIIB)  violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the City/County shall have the right to terminate this Agreement by giving written notice toi the Contractor of such termination and speclfying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studles, surveys, drawings, maps,  98    VOL1 TT  PAGE 666  models, photographs and reports prepared by the Contractor pursuant to this Agreement shall, at the option oft the City/County, be turned over to the Cly/County: and bacome the properly of the Cliy/County. In the event of termination for cause, the Contractor shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorlly performed prior to the Notwithstanding the above, the Contractor shall not be relleved of liability to the City/County for damages sustalned by the City/County by virlue of any breach of contract by the Contractor, and the City/County may set-off the damages It Incurred as a result of the Contractor's breach afcontraotfromany: amounts ltmightotherwise: owe Termination for Convenience of the City/County_ City/County may at any time and for any reason terminate Contractor's services and' work at City/County's convenience uponproviding writtenr notice toi the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facllities and supplies in connection with the performance of this Agreement. [Parties should Include the manner by which such terminatlon will be effected and the basis for selllement or any otherterms and condltions concerning payment upon (A) Contracis for mora than $50,000 must address administrative, contractual, or legal remedies in inslances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate, Use the following language for contracts > $50,000: Resolution of Program Non-compllance and DIsallowed In the event of any dispute, clalm, question, ar the breach thereof, including determination ofresponsibilly for any costs disallowed as a resultofnon-complance with federal, state or TXCDBG program requirements, the partles hereto shall use thelr best efforts to settle the dispute, claim, questlon or disagreement. Tot fhis effect, the partles shall consult and negotiate with each other in good falth within 30 days of recelpt of a written notice of the dispute or Invitation to negotiate, and attempt to reach ajust and equltable solution satisfactory to both parties. IF the matter Is not resoived by negotiation within 30 days of  date oft termination.  the Contracior.  such termination.]  Costs  2CFR200  >$50,000 disagreement arising from or relating to this Agreement, or APPENDIXII(A)  ZJ  99    VOL TT  PAGE 667  receptolvritenngice orl Invitationi tor negotiate, the parlies agree first to try in good faith to settie the matter by mediation administered by the American Arbitratlon Associatlon under lts Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter Intoa written amendment to this Agreement and choose a mediator that is not affillated with the American Arbitration Assoclation. The parties shall bear the costs of such medlation equally. [This section may also provide for the quallications of the mediator(s), the locale of meetings, time limits, or any other item of concem to the parties.] If the matter is notr resolved through such medlation within 60 days of the initlation of that procedure, either parly may ()Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)- Contractors that apply or bid fora an award of $100,000 or more must file the required certification. Each tler certifies the tler above that It will not and has not used Federal approprlated funds fo pay any person or organization for infuencIng or attempting to Influence an officer or employee of Congress, or an employee ofa ar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by: 31 U,S.C. 1352. Each fler must also disclose any lobbying with non- Federal funds that takes placerin connection with Such disclosures are forwarded from fler to tler up to the  proceed to file sult.  to  employee  2CFR200 APPENDIXII() and 24 CFR $570.303  2$100,000 ofs any agency, ai member of Congress, officer or  obtalning any Federal award. non-Federal award. Payment of fhe fees [described In  Optional Contract  section] shall be  Language for contingent on CDBG: funding. In the event that granti funds Procurement are not awarded to the City / County by TDA through the before Grant TxCDBG program, this agreement shall be terminated by  Funds Awarded the City/County.  Additional provisions for adminisfration & engineering contracts associated with  construction contracts Ifalics = Explanatory; nof contract language THRESHOLD  PROVISION  CITATION 41CFRS 560-1.4(b) And 2CFR200 APPENDIXII(C)  >$10,000 2CFR200A Appendix I (C) Equal Employment  Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracis that meet the definition of "federally assisted construction contract" in41 CFRPart 60-1.3  100    VOL - TT  PAGE 668  must Include the equal opportunity clause provided under, 41 CFR6 60-1.4(b). in accordance with. Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246. Relating to Equal Employment Opportunly"and mpementngregulafions at 41 CFR part 60, "Office of Federal Contract Compllance Programs, Equal Employment Opportunity, Department of Therefore, include the following EO clause (not ini ftalics) Inc construction contracts Including construction associated administration and engineering contracts > $10,000: 560-1.4(b) Equal opportunity clause.  Labor."  (0)Faderallyassisied, construction contracts. Except as ofherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee Involving federally assisted construction which is not exempt from the requlrements of the equal  opportunity clause:  The applicant hereby agrees that it will Incorporate or cause to be incorporated. Into any contract for construction work, or modfication thereof, as defined in the regulatlons ofthe Secretary ofl Labor at 41 CFR chapter 60, which is paid fori in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Goverment pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity During the periormance of this contract, the (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, rellgion, sex, sexual orientation, gender Identity, or national origin. The contractorwill fake affirmative action toe ensure that applicants are employed, and that employees are treated during employment without regard tot thelr race, color, rellgion, sex, sexual orientatlon, gender Identity, or national origin. Such action shall Include, but not be limited to the following: Employment, upgrading, demotlon, or transfer; recrultment or recrultment advertlsing; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contracior agrees to postl In conspicuous places, avallable to employees and appllcants for employment, nolices to be provided selting forth the provisions of this nondiscrimination clause.  3  clause:  contractor agrees as follows:  3  101    VOL TT  PAGE 669  (2)" The contractor wil, In all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quallfied applicants will receive considerations fore employment without regard to race, color, rellgion, sex, sexual orientation, gender  identity, or national arigin.  (3)The Contractor will not discourage ori In any other manner discriminate against any employee or applicanti for employment because such employee or applicant has Inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee ar applicant. This provision shall not apply to instances in which an employee who has access to the compensation Information of ofher employees or applicants as a part of such employee's essentiai job functions discloses the compensation of such ofher employees or applicants to Individuals who do not ofherwise have access to such information, unless such disclosure Is In response to a formal complaint or charge, In furtherance of an Investigation, proceeding, hearing, or action, including an Investigation conducted by the employer, or is consistent with the contractor's legal dulyt to furnish informatlon. (4)The contractor will send to each labor union or representative ofworkers with which he has a collective bargaining agreement or other contract or understanding, a notice tol be provided advising the sald labort unlon or workers' representatives of the contractar's commitmenis under this section, and shall post coples oft the notice In consplcuous places avallable to employees and applicants (5)1 The contractor will comply with all provislons of Executive Order 11246 of September 24, 1965, and oft the rules, regulations, and relevant orders of the Secretary of (6)The contractor will fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of! the Secretary of! Labor, or pursuant thereto, and will permit access to his books, records, and accounts! by the adminlstering: agency and the Secretary ofLabort for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. (7) Int the event of the contractor's noncompliance with thet nondiscrimination clauses of this contract or with any oft the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or In part and the contractor may be declared Inellglble for further Govemment contracts or federally assisted construction contracts in accordance with procedures  fore employment.  Labor.  3  102    VOLTT  PAGE 670  authorized In Executive Order 11246 of September 24, 1965, and such other sanctlons may be imposed and remedles Invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulation, or order oft the Secretary of Labor, or as otherwise provided by law. (8)7 The contractor will Include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulatlons, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provislons will be binding upon each subcontractor or vendor. The confractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provislons, Including sanctions for noncompllance: Provided, however, That In the event a contractor becomes Invoived In, or is threatened with, Hligation with a subcontractor or vendor as a result of such direction by the administering agency the Gontractor may request the United States to enter Into such litlgation to protect the  Interests of the Unlted States.  The appllcant further agrees that it willl be bound by fhe above equal opportunify clause with respect to Its own employment practices when it participates Int federally assisted construction work: Provided, That fft the applicant so participating is a State or local government, the above equal opportunlly clause is not applicable to any agency, instrumentalty or subdivision of such govemment which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary ofLabor In obtaining the compllance of contractors and subcontractors with fhe equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision ofs such compllance, and that It will otherwise assist the administering agency in the discharge oft the agency's primary responsibility for securing  compliance.  The applicant further agrees that It will refrain from entering Into any contract or contract modification subjeci to! Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penaities for violation of the equal opportunlly clause as may be Imposed upon contractors and subcontractors by the administering  )  103    VOL1 TT  PAGE 671  agency ori the Secretary of Labor pursuant to Part il, Subpart D of the Executive order. In addition, the applicant agrees that Ifit falls or refuses to comply with these undertakings, the administering agency may take any or all of the fallowing actions: Cancel, terminate, or suspend inv whole or inp part this grant (contract, loan, insurance, guarantee); refrain from extending anyi further assistance to the applicant under the program with respect to which thet failure or refund occurred until satisfactory assurance oft future compliance has been received from such applicant; and refer the case to the Depariment of. Justice for appropriate legal proceedings. (c)Subcontracls. Each nonexempt; prime contractor ors subcontractor shall include the equal opportunity clause Ineach ofi its nonexempt subcontracis. (d) Incorporation by reference. The equal opportunlty clause may bei incorporated by reference inall Government contracts and subcontracts, including Govemment bills ofl lading, transportation requests, contracts for deposit of Government: funds, and contracis fori issuing and paying U.S. savings bonds and notes, and such other, contracts and subcontracts as thel Deputy Assistant Secretary may designate.  (e)! Incorporation by operation of the order. By operation oft the order, the equal opportunity clause shall ba considered tol be apart of every contract and subcontract required! by the order and the regulations In thls part toi include such a clause whether or not itis physically incorporated in such contracts and whether or not the contract between the agency and the contractor! Is (f)A Adaptation of language. Such necessary changes Inl language may be made In the equal opportunity clause as shall be appropriate to identify properly the parties and [43 FR4 49240, Oct. 20, 1978, as amended at 62FR66971, Dec. 22, 1997; 79 FR: 72993, Dec. 9, 2014; 80 FR 54934, September 11,2015) $75.27 Section 3 contract provision Recipients must include language applying Soction 3 requirements. ina anys subrecipient agresment or contract for aSection 31 project.: Economic Opporlunitles for Section 3 Residents and Section 3 Business Concerns. (a) The work to be performed under this Contract Is subject toi the requirements of section 3 of the Housing  written.  thelr undertakings.  None  24 CFRS75.27  and  104    VOLTT  PAGE 672  Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3ls to ensure that employment and other economic opporiunlties generated by HUD assistance or HUD- projects covered by section 3, shall, toi the greatest extent feaslble, be directed to low- and very low-Income persons, particularly persons who are recipients ofHUD (D)T The parties foi this Contract agree to comply with HUD's regulations In 24 CFR part 75, which Implement 3. As evidenced byi their executlon of fhis Contract, the partles to this Contract carlify that they are under no contractual or other impedlment that would prevent them from complying with the part 75 regulations, (C)7 The Contractor agrees to include this secilon 3 clause Ine evarysubcontract subject to compllance with In: 24'CFR part 75, and agrees to take appropriate action, as provided In an appilcable provision of the subcontract or In fhis section 31 Clàuse, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75, The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations In 24 CFR part 75. (d) The Contractor will certify that any vacant employment positlons, including training positlons, that are filled (1)after the Contractor Is selected but before the contract Ise executed, and (2) with persons ofher than those to whom the regulations of 24 CFR part75 require employment opporlunities to be directed, were: not filled to circumvent the Contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunlties to such workers are Identified In the TxCDBG Project Implementation Manual. (e) Noncompllance with HUD's regulatlons In 24 CFR part 75 may result in sanctions, termination oft this Contract for default, and debarment or suspension from future HUD  assisted  assistance for housing. section  regulations  assisted contracts.  Construction Contracts Italics. - Explanatory; not contract language THRESHOLD PROVISION Davis Bacon and Copeland "Anti-Kickback" Act; >$100,000 for Contract Work Hours and  CITATION  >$2,0001 for HUD 4010 Federal laborstandards provisions include:  1. Davis Bacon. Act (40U.S.G. 3141 et seq.) as supplemented. by DOL regulations (29 CFR part 2. Copeland "Anti-Kickback". Act (40 U.S.C. 3145), as supplemented. by Department ofLabor regulations (29 CFR Part 3); and  5);  105    VOL TT Safely Standards Act  PAGE 673  3. Contract Work Hours and Safety Standards Act See HUD 4010 contract language in Appendix F. Inclusion of this language info the construction contract satisfies contract requirements oft the separate acts noted. Compliance with the. Davis-Bacon Act (40 U.S.C. 3141 et seq.) as supplemented by Department of Labor regulations (29 CFR part 5) andwith the Copeland "Anti- Kickback", Act (18 U.S.G. 874;40U.S.C. 3145) as supplemented. in Ppatmaneflaermganiont (29 (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts In excess of $2,000 awarded by non-Federal entitles must Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Departmentof Labor regulations (29 CFR Part 5, "Labor Standards Pravisions Applicable to Contracis Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevalling wages specified in a wage determinatlon made by the Secretary ofLabor. In addition, contractors must be ofLabor in each sollcitatlon. The decision to awarda contract or subcontract must be conditioned upon the acceptance oft the wage determination. The non-Federal entity must report all suspected ar reported violations to the Federal awarding agency. Tha contracts must also Include a provislon for compllance with the Copeland "Antl-KIckback" Act (40 U.S.C. 3145), as supplemented by Department ofl Labor regulations (29 CFR Part3, "Contractors and Subcontractors on Public Bullding or Public Work Financed in Whole or in Part by! Loans ar Grants from the United States"). The, Act provides that each contractor or subrecipient: must be prohlbited from Inducing, by any means, any person employed in the construction, completion, or repalr of publicw work, to give up any part of the compensation fo which he or shel Is otherwise entitled. The non-Federal enfly must report all suspected or reported violatians to the Federal awarding 2CFR 200 Appendix I (C) Equal Employment Opportunity. Except as ofherwise provided under 41 CFR assisted construction contract" in 41 CFRPart 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). In accordance with Executive Order 11246, "Equal Employment Opportunity" (30FR 12319, 12935, 3GFRPart, 1964-1965 Comp., p. 339), as  E  (40L U.S.C, 3701 et seq.)  CFR part 3):  >$2,000  (Satisfled with required to pay wages not less fhan once a week. The Inclusion of non-Federal entity must place a copy of the current HUD4 4010) prevalling wage determination Issued by the Department  2CFR200 APPENDIXI(D)  agency.  Part 60, all contracts fhat meet the definition of "federally. 41CFR.S60-1.A6)  >$10,000  And 2CFR200 APPENDIXI(C)  106    VOL TT  PAGE 674  amendedi by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunlty,"and. implementing. regulatlons at 41 CFR part 60, "Office of Federal Contract Compllance Programs, Equal Employment Opportunily, Department of Therefore, include the following EO clause (not in ftallcs) Inc construction contracts Including construction associated adminisfration and engineering contracts > $10,000: $6D-1.4(b) Equal opportunity clause.  Labor."  (b) Federally assisted construction contracts. Except as otherwise provided, each administering agency shall require the inclusion oft the following language as a condition ofa any grant, contract, loan, insurance, or guarantee. involving federally assisted construction which isi not exempt from the requirements of the equal  opportunify clause:  The applicant hereby agrees that it willi incorporate or cause tol be incorporated. into any contract: for construction work, ori modification thereof, as defined in the regulations ofthe Secretary ofLabor at 41 CFR chapter 60, which is pald fori in whole ori in part withi funds obfained from the Federal Govemment or borrowed on the credit oft the Federal Govemment, pursuant to a grant, contract, loan Insurance, or guarantee, or undertaken, pursuant to any Federal program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity During the periormance oft this contract, the (1)The contractor will not dIscriminate against any employee or applicant for employment! because of race, color, religlon, sex, sexual orientation, gender identity, or national origin. The contractorwill take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard tot their race, color, religion, sex, sexual orientation, gender identily, or national origin. Such action shall Include, but not bel Iimited tot the following: Employment, upgrading, demotion, ort transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensaton; and selection fort training, Including apprenticeship. The contractor agrees to post In consplcuous places, avallable to employees and applicants for employment, notices to be provided setting forth the provisions of fhis nondiscrimination clause, (2) The contractor will, In all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will  clause:  contractor agrees as follows;  107    VOL TT  PAGE 675  recelve considerations for employment without regard to race, color, religlon, sex, sexual orientation, gender  Identity, or national origin.  (3) The Contractor will not discourage or In any other manner discriminate against any employes or applicant for employment because such emplayes or applicant has" inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to insfances in which an employee who has access to the compensation information of ofher employees or applicants as a part of such employee's essentlal job functions discloses the compensation of such other employees or applloants to individuals who do not ofherwise have access to such information, unless such disclosure is In response to a formal complaint or charge, In furtherance of an investIgation, procesding, hearing, or action, Including an Investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send fo each labor union or representative ofworkers with which he has a collective bargaining agreement or ofher contract or understanding, ar notice to be provided advising fhe said laborunion or workers' representatives of the contractor's commitments under this section, and shall post coples of the notice In conspicuous places avallable to employees and applicants (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and ofthe rules, regulations, and relevant orders of the Secretary of (6) The contractor will: fumlsh all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access tol his books, records, and accounts! by the administering agency and the Secretary ofLabori for purposes of investigation to ascertain compliance with such rules, ragulations, and orders. (7)In the event of the contractor's noncompllance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may be canceled, ferminated, or suspended In whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construclion contracts in accordance with procedures authorized in Executive Order 11246 of September. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided Inl Executive Order 11246 of  for employment.  Labor.  108    VOL' TT  PAGE 676  September 24, 1965, or by rule, regulation, or order oft the Secretary of! Labor, or as otherwise provided by law. (8) The contractor will include the portlon oft the sentence Immedlately preceding paragraph (1) and the provisions of paragraphs (1) through (7) ine every subcontract or purchase arder unless exempted by rules, regulations, or orders of the Secretary ofLabor issued pursuant to section 204 of Executive Order11246 of September 24, 1965, so that such provisions willl be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means ofe enforcing such provisions, including sanctions for noncomplance: Provided, however, That In the event a contractor becomes involved In, or Is threatened with, litgation with a subcontractor or vendor as a resuit of such direction by the administering agency the contractor may request the Unlted States to enter Into such litlgation to protect the The applicant further agrees that It will be bound by the above equal opportunity clause with respect to Its own employment practices when It participates! In federally assisted construction work: Provided, That IFthe applicant sop parlicipating Is a State or local government, the above equal opportunity clause Is not applicable to any agency, Instrumentally or subdivision of such government which does not participate In work on or under the contract. The applicant agrees that IE will assist and cooperate actively with the administering: agency and the Secretary ofLabor In oblalning the compliance of contractors and subcontractors with the equal opportunlty clause and the rules, regulations, and relevant orders of the Secretary of Labor, that Itv willi fumish the administering agency and the Secretary ofLabor suchinformation as they may require for the supervision of such compllance, and that ltwill otherwise assist the administering agency In the discharge oft the agency's primary responsibility for securing  interests of the United States.  compliance.  The applioant further agrees that it will refrain from entering into any contract or contract modification subject toE Executive Order 11246 of September 24, 1965, witha confractor debarred from, or who has not demonstrated eligibllty for, Govemment contracts and federaily assisted construction confracts pursuant toi the Executive order and wiil carry out such sanctions and penalties forviolation of the equal opportunily clause as may be Imposed upon contractors and subcontractors by the administering agency ori the Secretary ofLabor pursuant to Parti II, Subpartl D of the Executive order. In addition, the applicant agrees that Ifiti falls or refuses to comply with these  J  109    VOL TT  PAGE 677  undertakings, the administering agency mayt take any or all of the following actions: Cancel, terminate, or suspend Inwhole or inp part this grant (contract, loan, Insurance, guarantee); refrain from extending any further assistance toi the applicant under the program with respect to which the fallure or refund accurred untll satisfactory assurance offuture compliance has been received from such applicant; and refer the case to the Department of. Justice fora appropriate legai proceadings. (c)Subcontracts. Each nonexempt; prime contractor or subcontractor shall Include the equal opportunity clause ine each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportuniy clause may! be incarporated by: reference In all Govemment contracts and subcontracis, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts fori Issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracis as the Depuly Assistant Secretary may designate. (e) Incorporation by operation oft the order. By operation of the order, the equal opportunity clause shall be consldered tol be a part of every contract and subcontract required by the order and the regulations In this part to Include such a clause whether or not Itis physlcally Incorporated in such contracts and whether or not the contract between the agency and the contractor Is () Adaptatlon ofl language. Such necessary changes Inl language mayl bei made in the equal opportunity clause as shall be: appropriate toi identify properly the partles and [431 FR49240, Oct. 20, 1978, as amended at 62FR6 66971, Dec. 22, 1997; 79 FR7 72993, Dec. 9, 2014; 80 FR5 54934, (E) Contract Work Hours and Safety Standards. Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entily in excess of $100,000 that Involve the employment of mechanics orl laborers must Include a provislon for compllance with 40 U.S.C. regulations (29 CFR Part 5). Under 40 U.S.C.3702 oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and al half times the baslc rate of payi for all hours worked In excess of 40 hours In the work week. The requirements of 40 U.S.C. 3704 are applicable fo constructlon work and  written.  their undertakings.  September 11,2015]  >$100,000 3702 and 3704, as supplemented by Department ofl Labor (Satisfied with Act, each contractor must be required to compute the Incluslon of wages ofe every mechanic and laborer on the basis ofa HUD4010) standard work week of 401 hours. Worki in excess oft the  2CFR200 APPENDIXI(E)  110    VOL TT  PAGE 678  providet that no laborer or mechanic must be requlred to work Ins surroundings or under working conditlons which are unsanitery, hazardous or dangerous. These do not apply to the purchases of supplies or materlals or articles ordinarlly available on the open market, or contracis for transportation ar transmission ofintelligence. Economic Opportunltles for Section 31 Residents and (a) The work to be performed under thls Contract Is subject toi the requirements of section 30 ofthe Housing and Urban Development (HUD) Act of 1968, as amended, 121 U.S.C. 1701u (section 3). The purpose of section 3ls tos ensure that employment: and other economic opportunitles generated by HUD assistance ar HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- Income persons, particularly persons who arei recipients of (b)The parties to thls Contract agree to comply with HUD's regulations In 24 CFR part 75, which Implement section 3, As evidenced! by their execution of this Contract, the parties to this Confract certify that they are under no contractual or other Impediment that would prevent them from complying with the part 75 regulations. (C)T The Contractor agrees to include this section 3 clause Ine every: subconfract subject to compliance with regulatlons In 24 CFR part 75, and agrees to take approprlate action, as provided In an applicable provision oft the subcontract or In this section 3 clause, upon a finding that the subcontractor Is iny violation of the regulatlons in 24 CFR part 75, The Contracior wiil not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found iny violation oft the regulations In 24 CFR part 75. (d) The Contractor will cerlify that any vacant employment positions, Including training positions, that are flled (1)aftert the Contractor Is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of2 24 CFR part 75 require employment opportunitles to be directed, were not fllled to circumvent the Contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunities to such workers are identified! ini the TXCDBG Project Implementation Manual. (e) Noncompllance with HUD's reguiations in 24 CFR part 751 may result Ins sanctions, termination of this Contract for default, and debarment or suspension: from future HUD (G) Clean Air Act (42 US.C.7401-7671q)- and the Federal Water Pollution Control Act (33 U.S.C. 1251- Ine excess of $150,000 must contaln aj provision that  requirements  Section 31 Business Concerns.  HUD assistance forhousing.  None  24CFR575.27  assisted contracts.  >$150,000 1387), as amended--Contratts and subgrants of amounts  2CFR200 APPENDIXII( (G)  reguires the  111    VOL TT  PAGE 679  non-Federal award to agree to comply with all appilcable standards, orders or regulations issued pursuant toi the Clean Alr Act (421 U.S.C. 7401-7671q) andt the Federal Water Pollution Control Acta as amended (33 U,S,C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Reglonal Office oft the Environmental Protection. Agency (EPA). $200.322 Domestic preferences for procurements. (a)As appropriate and to the extent consistent with lawand to the greatest extent practicable under a Federal award, provide aj preference for the purchase, acquisition, oruse of goods, products, or materials produced Int the United States (Including but not limited toi iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be includedi inall subawards including all contracts and purchase orders for (1)" "Produced! Ini the United States" means, for Iron and steel products, that all manufacturing processes, from the Initial melting stage through the application of coatings, (2)" Manufactured products" means items and construction materlals composed. In whole or In part oft non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chioride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.  No' Threshold work or producis under this award.  2CFRS200.322  (b) For purposes oft this section: occurred int the United States.  112    VOLTT  PAGE 680  TECHNICAL SPECIFICATIONS  GENERAL Intent.  .113 .113 .113 .114 ..115 .115 .115 .116 .116 .116 .116 .117 .117 .117 .118 .118 .118 .119 .119 ..119 .119 .120 .121 .121 .121 ..122 .123 124  Standard Reference Specifications Alternate Bid Items. Mobilization.  Preconstruction Conference. Schedule and Sequence of Construction. Shop Drawings and Submittals. Construction Water. Construction Electricity Record Drawings Material and Workmanship. Payment for Incidental Items. Coordination with Existing Utilities. Easements and Sites.. Public and Private Access. Temporary Project Sign. Archeological Sites and Endangered Species. Reuse ofMaterial. Barricades, Signs, and Lighting. Sanitation Clean-Up. PAVING General Paving Notes. Preparing Right-of-Way. Oi/Sand Wearing Surfaces.. Earthwork for Grading/Paving. Subgrade Preparation.  2  Utilities Within Proposed. Pavement Limits Preparing the Roadway for Oil/Sand Surfacing.  ZJ    VOL TT  PAGE 681  Cement Stabilized Soil Base. Hot-Mixed Asphaltic Concrete Surface.  124 .127 .130 .131 .131 131 .132  Crack Sealing. Fine Grading MISCELLANLOUS Project Guarantee. Regrassing.  Preconstruction Video Documentation    VOLTT  PAGE 682  TECHNICAL SPECIRICATIONS  GENIERAL Intent  Itist the intent ofthese specifications to ensure that this CONTRACTOR will provide the OWNER with all: material, labor, equipment, supervision, and administration ofconstruction to complete an All work required to affect these improvements is to be provided by fhis CONTRACTOR and no item ofwork or material will be furnished by the OWNER unless specifically set forth herein.  operative project as shown oni the drawings and/or described herein,  Standard Reference Specifications  These contract documents contain references to standard specifications as adopted by the American Waterworks Association (AWWA), the. American Society ofTesting Material (ASTM), the. American Association of State Highway and Transportation Officials (AASHTO), the Texas Depariment ofTransportation (TxDOT), and the American National Standards Institute (ANSI). All such references shall be construed to refer to the designated standard and the latest revision  thereof, regardless ofthe specification date shown herein.  Alternate Bid Items  The alternate bid: items are. listed in the bid: schedule. The OWNER may decide to use any, or all, or none ofthese alternate bid items, Ifthe alternate bid item is a direct deduction or addition ofan item in the base bid, the alternate bid item shail have the same cost as the same base bid item, The OWNER will decide prior to awarding the project which alternate bid items will be made apart of the Contract, The project will be awarded based on the lowest bid, considering the base bid and alternate bid items selected by the OWNER. No adjustments in cost will be allowed to adjust for overhead and/or profitrelating to alternate bid: items selected by the OWNER. Therefore, Bidders  shall distribute overhead and profit appropriately for the cost of each item.  The alternate bid items on this project are as follows:  1. Install 2" of "stiff oil" in lieu of oil sand. Contact Richard Drake Construction at (903) 732-4781 for further information and pricing. The price provided in the alternate bid section of the bid schedule should be the cost of the "stiff oil" installed per square yard 2. Install 4" of "stiff oil" in lieu of oil sand, Contact Richard Drake Construction at (903) 732-4781 for further information and pricing. The price provided in the altemate bid section of the bid schedule should be the cost of the "stiff oil" installed per square yard  which shall replace the oil sand.  which shall replace the oil sand.  113    VOL TT  PAGE 683  3. Reduce the oil sand thickness from 4" to 2". The price provided in the alternate bid section ofthel bid schedule should be cost ofthe oil sand installed per square yard and shallreplace 4. Mix 3% cement (by weight) into the pulverized and reworked base material. The price provided in the alternate bid section ofthe bid schedule should be the cost of fumishing 5. Install 2" of Type D HMAC: in lieu of oil sand on both the: roadway and driveways. The price provided in the alternate bid section of the bid schedule should be the cost of the HMAC and Prime Coat installed per square yard and shall not be an addition or deduction 6. Back fill shoulders ofroad to accommodate asphalt street per. linear foot. Only to be used 7. Give the price per square yard to reduce the pulverization to 6" in lieu of 8" or 10". The price provided in the alternate bid section of the bid schedule shouid be fhe cost of6"d of pulverization installed per square yard and shall replace both the 8" and 10" of 8. Give the price per square yard to extend g" pulverization further down the roadway limits. The price provided in the alternate bid section of the bid schedule should match the price 9. Give thej priceper square yard to extend 10" pulverization further down thei roadway limits. The price provided in the alternate bid section of the bid schedule should match the price 10. Give the price per square yard to extend 2" of oil sand further down the roadway limits. The price provided in the alternate bid section of the bid schedule should match the price 11. Give the price per square yard to extend 4" of oil sand further down the roadway limits. The price provided in the alternate bid section of the bid schedule should match the price  the 4" ofoil sand.  cement per square yard.  from the basel bid item. if#5 is selected,  pulverization.  ofwhat is listed ini the base bid item.  ofwhat is listed in the base bid item.  ofwhat is listed in the base bid item.  ofwhati is listed ini the base bid item.  Mobilization  Mobilization", shall consist oftemobilization ofpersonmel, equipment and  site and preparation for beginning work on other contract items. Mobilization supplies shall atthe project not limited to, the movement of equipment, personnel, materials, supplies, etc. to the include, buti is the establishment of office and other facilities necessary prior to beginning the project site, Mobilization shall be considered a lump sum item. Partial payments for mobilization follows: The "adjusted contract amount" for construction items as used below is defined will be  insurance, and similar preparatory costs.  work, bonds,  as as the 114  total contract amount less the lump sum bid: formobilization.    VOLTT  PAGE 684  1. 2.  When 5% of the adjusted contract amount for construction items is earned, 75% of the mobilization lump sum bid or5% ofthe total contract amount, whicheveri is less, (in either case, less the retainage specified elsewhere in the contract) may be paid. When 15% ofthe adjusted contract amount for construction items is earned, ther remainder of the mobilization lump sum bid not paid under (1) above or 10% oft the total contract amount, whichever is less, (in either case less the retainage specified elsewhere in the Any remainder ofthis bid item not paid under (1) or (2) will be paid upon completion. The intention of allowing a bid item for mobilization is to give the CONTRACTOR the opportunity to recoup his' "up front" costs in the event the OWNER decides to reduce or increase  contract) may be paid.  3.  the scope ofthe project. Preconstruction Conference  Apreconstruction conference will bei held priort to the beginning ofany construction. Thismeeting will be attended by the CONTRACTOR, the OWNER, the ENGINEER, all subcontractors, and any governmental agencies involved in administration of the project. The meeting date will be established by the ENGINEER after the project has been awarded. The successfil bidder shall furnish to the ENGINEER aproject schedule ati this meeting, showing the major items or work to  be constructed and the anticipated completion dates. Schedule and Sequence of Construction  O  Prior to beginning work, the CONTRACTOR shall prepare and submit a proposed schedule and Unless otherwise specified, the order ofconstruction will generally be left toi the CONTRACTOR. In the case of pipelines, however, any segment or system, once started, shall be worked on continuously until iti is completed and placed in service. The practice ofinstalling all or most of the pipe before placing any of the system into service, shall be avoided. The CONTRACTORS compliance with this condition shall be a prime consideration in determining unit quantities Where the OWNER provides water and sewer service, iti isi imperative to continue the operation of the existing facilities. It will be mandatory that this CONTRACTOR so arrange his work as to  sequence of construction to the ENGINEER for his review.  allowed on partial payment estimates.  cause the absolute minimum inconvenience to the existing users.  Shop Drawings and Submittals  Submit catalog data on the following (Data may be submitted electronically via email to the ENGINEER). Note that orly the awarded contract items shall be submitted, but alternate bid item  materials are shown for submission in the table that follows.  115    VOLTT  PAGE 685 Date Approved  No.  Description  Date Submitted  Log No.  1 Asphalt Binder for Oil Sand Mix 2 Type DI HMAC 3 MC-30 Cutback 4 Cement  5 Asphalt Binder for Stiff Oill Mix  Review of shop drawings and submittals will be performed only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Modifications or comments made on the shop drawings during the review do not relieve the CONTRACTOR from compliance with the plans and specifications. CONTRACTOR isresponsible for confirming and correlation of dimensions; information that pertains solely to the fabrication process or to the means, methods, techniques, sequences, and procedures of construction; coordination of the work of all trades; and for performing all work in a safe and Shop drawings and submittals provided that are not list above are not required and will not be reviewed or retumed, The CONTRACTOR's level of responsibility is the same for all materials  satisfactory manner.  and equipment, irrespective of shop drawing submittal orreview.  Construction Water to the supplier. Construction Electricity  This CONTRACTOR shall pay for all construction and testing water. He will pay the bill directly  This CONTRACTOR shall pay for all construction and testing electricity. The construction meter shall be in the CONTRACTORS name, and he shall pay the power company directly.  Record Drawings  During progress of the job, the CONTRACTOR shall mark up a set of the drawings, including dimensions, to indicate any deviations from the contract drawings. After completion of the job, this set ofrecord drawings is to be furnished to the ENGINEER for review, including sufficiency The ENGINEER will periodically check with the CONTRACTOR to verify compliance with this requirement. Failure to comply will result in delay ofmonthlyprogress; payments.  ofintormation, clarity, and: readability.  Material and Workmanship  All equipment, materials, and articles incorporated into the work shall be new, and of a quality equal to, or better than, specified herein. Ifnot specified herein, the quality shall be satisfactory  116    VOLTT  PAGE 686  tot the ENGINEER. All workmanship shall be of acceptable quality as determined by the ENGINEER, and the OWNER may require the CONTRACTOR to dismiss from the work any employee or employees the OWNER: may deem incompetent, unqualified, unreliable, careless, or  insubordinate.  Payment for Incidental Items  For unit price contracts, the payment for all labor, materials, equipment, supervision, overhead, and associated costs to complete the project contemplated by the drawings and/or specifications shall be according to the unit items set forth in the Bid Schedule. Payment for items required, but not set forth in the Bid Schedule as separate pay items, shall be considered as incidental and shall For lump sum contracts, the lump sum specified in the Bid Schedule shall include all necessary labor, materials, equipment, supervision, overhead and associated costs to complete the project contemplated by the drawings and/or these specifications, whether specifically listed on the Bid  bei included in the various items provided for int the. Bid Schedule.  Schedule, or not.  Coordination with ExistingUilities  The location of existing buried utilities, where shown, are approximate only. There may exist utilities, which are not shown. This CONTRACTOR shall be responsible for locating and protecting all buried utilities. The existence of utilities not shown shall not be grounds for The CONTRACTOR shall contact each utility company ahead of performing the work and request the utility to locate its lines. Failure of the utility to Iocate, or improper location by the All OWNER'S utilities damaged byt the CONTRACTOR shall be repaired by the CONTRACTOR at his expense. Materials used in repair of utilities shall conform to these specifications. The CONTRACTOR shall notify any utility customer in advance of shutting-off his utility service. Existing water and sewer lines damaged shall be repaired within 4 hours on the day damaged, OWNER shall operate his existing water valves in his system. However, he does not guarantee Where existing facilities of the OWNER or its customers are specifically designated to be connected to the facilities constructed herein, this CONTRACTOR shall do sO under the OWNER'S supervision. Ifrequiredl byt the OWNER, these connections willhaveiolemmdedating  additional compensation.  utility, shall not result in additional cost to the OWNER.  100% shut-offofexisting water lines.  the period from midnight to 6:00 a.m. Easements and Sites  The CONTRACTORShal. bes solely liable for any damage to property ori improvements as aresult oftheconstruction ofthis work. This CONTRACTOR will cause to beprotected all improvements cncrottuengirolway, such asi fences, buildings, signs, poles, utilities, trees, shrubs, etc., unless  117    VOLTT  PAGE 687  designated for removal, and should such improvements be damaged, he shall make restitution to the satisfaction of their OWNER. The CONTRACTOR shall be responsible for such improvements that: must be relocated or temporarily moved and shall do such work at his cost,  C  Publicand Private Access  This CONTRACTOR shall maintain vehicular access to all private property.  All private driveways not located within state right-of-way will be open-out and repaired as set A1l county roads or streets will be open-cut and repaired as set forth herein. No street shall be No: federal ors statel highways, orrailroads shalll be closed, All such crossings shalll bel bored,jacked, CONTRACTOR shall notify appropriate law enforcement and emergency medical services  forth herein. No driveway will be closed overnight. closed for a period ofmore than fourhours.  pushed, or otherwise crossed in strict accordance with the OWNER'S permits.  agencies, and local school district, ofall road closings.  Temporary Project Sign  One temporary sign is required, and it is to be located at the intersection ofCR4320 and 4225 in  Enloe, TX. Wording ofthe sign shall be as follows:  DELTA COUNTY TDA #CDV23-0322  COUNTY ROADS: RECONSTRUCTION  This project is funded by fhe Texas Department of Agricuiture, to strengthen and enhance the quality oflifei in smaller and raral communities with funds allocated by the United States Department of Housing and Urban Development through the Community Development Additionally, below the above lettering the Hayter engineering logo and tag line as provided by The sign shall be constructed of durable materiais. The sign shall be: minimum of24" Wx36"H TheCONTRACTORshallremove: the sign and fill thepostholes at the time ofthe Final Inspection.  Block Grant Program.  the Engineer shall be displayed 20" Wx1 14"H.  with lettering no smaller than 1".  Archeological Sites and Endangered Species  No significant historical or archaeological sites are known or suspected to be affected by this project. However, during construction, should possible sites be uncovered, this CONTRACTOR  118    VOLTT  PAGE 688  shall immediately cease all work in the area and notify the ENGINEER. No further construction work will be done in the immediate area until specific clearance has been obtained. No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State ofTexas Parks and Wildlife Code on. Endangered Species, or to destroy If a threatened or endangered species is encountered during construction, the CONTRACTOR shall immediately cease work around the encounter and: notify the OWNER, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TWDB, the U.S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigative actions. The CONTRACTOR shall not resume construction in the area ofthe encounter until authorized to do sO by the OWNER.  or adversely modify the habitat of such species.  Reuse ofMaterial  No used material, or material which has been used by the CONTRACTOR for any temporary  purpose whatever is to be incorporated in the permanent structure.  Barricades, Signs and Lighting  0  The CONTRACTOR shall furnish, erect, and maintain adequate warning devices and lighting to protect the public from all construction hazards arising from the building ofthis project. He shall bet totally responsible and solely liable for theira adequacy and for any claims or accidents resulting All traffic control signs or devices used for protection of construction workers shall conform to  from his failure to provide and: maintain them properly.  the most current version of the Manual ofUniform Traffic Control Devices.  Sanitation  Necessary sanitation conveniences for the use of] laborers on the work site shall be furished and maintained byt the CONTRACTOR in acceptable locations properly secluded from the public, and  their use shall be enforced. Clean-Up  At the conclusion of the work, and prior to final payment, all tools, temporary structures, and materials belonging to the CONTRACTOR shall be promptly removed. All rubbish and other foreign substances shall be removed from the project site and satisfactorily disposed of.. All job sites including streets, easements, rights-of-way, roads, and areas used by the CONTRACTOR shall be Ieft in a clean, neat condition satisfactory to their owner. The OWNER'S representative may also require clean-up of the job site or easements and rights-of-way periodically during the  progress ofthe work.  119    VOL TT  PAGE 689  Burning ofbrush on the work sites will not be permitted without the landowner's permission, and then only in strict compliance with local, state, and federal laws. Any surplus excavated earth not designated forreuse shalll be disposed of at approved locations secured by the CONTRACTOR: at Anyregrassing, sodding, orr reseedingrequired: Ishail bei wAwwwe  O  his expense, and rough leveled to the landowner's satisfaction.  elsewhere herein, PAVING General Paving Notes  1. Paving equipment for this project shall conform to TxDOT Item 320.  2. The CONTRACTOR shall notify the OWNER a minimum of 48 hours in advance ofany 3. Prior to beginning any work, the CONTRACTOR shall provide the OWNER with a construction schedule and method that shall canse: minimum interferencewith traffic along, across, or adjacent to the project during construction. If the schedule or method becomes unworkable or unsatisfactory as work progresses, adjustments shall be made to meet both 4. The CONTRACTOR shall employ traffic control techniques to protect the safety of workers as well as tol keep access open to residents. Signs, barricades, and ofhern necessary devices shall be furnished and maintained in compliance with Part VIofthe' Texas Manual 5. Proofrolls shall be completed with a fully loaded single axle dump or water trick to verify stability in the presence of the OWNER or ENGINEER. Any areas that exhibit "rutting" or "pumping" shall be remediated by fhe CONTRACTOR at no cost to the OWNER. 6. The CONTRACTOR shall be responsible for the locating of utilities that may present a 7. All weather gravel surface shall be used formaintaining temporary access to driveways. 8. The CONTRACTOR shall pay for all water required for construction. He will pay thel bill 9. The CONTRACTOR shall maintain access and location to mailboxes. Payment for removal or temporary relocation of all mailboxes shall be included in other: items ofwork 10. The CONTRACTOR shall ensure that the end ofthe streets and driveway connections shall 11. The CONTRACTOR shall keep the work area as clean as possible during the work. Every  construction activities.  the OWNER's and the CONTRACTOR's: requirements.  ofUniform Traffic Control Devices.  conflict with the project. directly to the supplier. on the Bid Schedule. match the existing pavement.  area shall be left as clean as it was-before construction began.  120    VOLTT  PAGE 690  Utilities Within Proposed PavementLimits  Water and sewer service lines and mains may be encountered which conflict with the project. The units tol be relocated on the project are. not] known. The exact depth ofall lines in the project limits is not known and cannot be reasonably determined. Therefore, whenever, during construction, a water or sewer line or service is uncovered, the ENGINEER will determine the existing depth of this line with respect to the bottom of the proposed pavement section. If the top of the existing pipei is less than 12" below the bottom ofthe proposed base, the OWNER shail be responsible for adjustment or relocation, Ifthei top oft the existing pipe is greater than 6" below the bottom ofthe proposed base, the CONTRACTOR shall be solely responsible for protecting said line and for All power and telephone lines and poles, gas lines, and utilities other than water and sewer shall be moved by the: respective utility compamie,fnecessay, at no cost to this CONTRACTOR.  repairing or replacing same, ifd damaged, with no: reimbursement,  Preparing Right-of-Way  Right-of-way shall be prepared for ubsequemt.construction operations by removals and disposals from the ROW as indicated on the drawings and where not indicated, but necessary for construction ofthe project. This item shall include the removal of any man-made items as well as trees, shrubs, and other landscape features not designated for preservation, stumps, miscellaneous stone, brick, concrete and all other rubbish and debris, whether above or below ground, unless designated "Do Not Disturb" or "Leave in Place". During these operations, the CONTRACTOR shall exercise all neçessary caution to protect utilities in the ROW and fences or other private Any fences within the ROW not designated "Tol Be Removed" or "Remove and Replace" shallnot be disturbed. Reconstructed fences shall equal or exceed the fence removed in every respect. The entire ROW shall be cleared ofa all trees, stumps, brush, logs, and rubbish, except such trees andbrush as: maybed designated forpreservation. Trees andbrush designated for preservation shall bej protected from scarring, marring and other injuries during construction operations. All stumps and roots must be disposed of outside of the project limits at a place secured by the CONTRACTOR at his expense. All holes remaining after clearing and grubbing shall be backfilled and bladed smooth toj prevent ponding of water and provide drainage. All culverts removed shall remain the property of the OWNER. Upon removal, the CONTRACTOR shall deliver the culverts to the OWNER. Culverts shall be removed, cleaned, replaced, or repaired as noted on the drawings. In no case shall the existing culverts be Ieft in place and buried. The CONTRACTOR shall adjust all valve boxes, manholes, or other  property adjacent to the ROW.  appurtenances to paving grade.  Preparing the Roadway for Oil/Sand Surfacing  Upon completion of all work, the roadway shall be prepared for the wearing oil/sand surface. Shoulders shall be cut, and grass shall be removed to allow drainage from the roadway to the  -  121    VOL TT  PAGE 691  borrow ditch. The existing base rock, road oil, asphalt, sand, and other  -  paving materials are: to be  salvaged and reused to the extent possible in the new wearing surface. These materiais shall be scarified to a depth of 3", shall be well mixed and broken into pieces less than 2" in Iargest dimension. The materials shall then be bladed to one edge oft the roadway. The exposed subgrade shall bet thoroughly compacted using rubber-tired or sheepsfoot type equipment, to ai minimum of 95% Standard Proctor) Density, at/or slightly above optimum moisture content. The surface ofthe subgrade shall be finished to line, grade, and conformity with the typical section shown in the drawings and any deviations in excess of3/4"in 20' measured longitudinally shalll be corrected by adding or removing materials and reshaping and recompacting, as necessary. Upon completion of the exposed portion of the subgrade, the windrowed surface materiais shall be bladed across the roadway to allow the remainder of the subgrade to be similarly repaired. The complete roadway Completed widths torpreparedroadway and forwearings surfacea ares shown on the drawingsherein. Upon completion ofther roadwaypreparation, all valveboxes, manholes and similara appurtenances  shall have a 3"parabolic crown.  shall be adjusted tot thej proper finished grade.  Oil/Sand Wearing Surfaces  An average 2" or 4" thick wearing surface (as shown in the drawings) shall be constructed on top of the prepared roadway by mixing the scarified and pulyerized salvaged materials with three MC-800 asphalt supplied under this specification shall comply with Texas Department of The salvaged materials shall be bladed into the center ofthe roadi into a mound approximately 2-3 feet high. The material shall be thoroughly pulverized with multiple passes, as necessary, ofa pulver mixer, until no pieces are greater than 2" in the largest dimension. The top of the mound shall be: flattened and thej pulver mixer driven overi it several times as necessary. Upon completion oft the pulverizing operation, the top oft the mound shall be flattened with ai motor grader, and the No oil shall be applied unless the air temperature is at least 80°F, and subgrade and weather The asphalt shall then be mixed into the salvaged materials with the pulver mixer using multiple passes until the mixture "creeps". The OWNER reserves the right to adjust the quantity of oil upward or downward to achieve the proper mix. At the proper mix, the surface shall contain enongh asphalt to bind the mass but shall notl bleed.. After thorough mixing ofthe asphalt and the native materials, the mixture shall be bladed across the roadway evenly and worked to the proper shape and cross section. The completed Cross section shall have a 4" crown and any deviations such as: rutting, washboarding or depressions over 3/4" ina20' measured length, shall be corrected by removing or replacing material, as necessary. The finished surface shall then be rolled to a  gallons per square yard ofMC-800 cutback asphalt.  Highways and Public Transportation 1982 standard specification, item 300.  asphalt shall be applied directly into the mound from the distributor fruck.  conditions are dry.  dense smooth surface, utilizing aj pneumatic-tired: roller.  122    VOLTT  PAGE 692  The pneumatic roller shall be self-propelled and shall consist of not less than 7 pneumatic tires revolving around two axles. Tires on the: front and rear wheels shall be staggered, where they will cover the entire area which the roller travels, with a minimum overlap of 1/2". The roller shail operate smoothly and withoutj jerking when starting, stopping orreversing direction. Tires shall be inflated to a tire pressure of not less than 60 psi. The roller shall be equipped with an adequate cleaning and scraping device on each tire toj prevent the bituminous mixture from accumulating. The pneumatic-tired roller, blade, grade-all, pulver mixer and all other equipment used on the  0  project shall be maintained in good repair and operating condition.  Earthwork: for Grading and Paving  Barthwork shall include road excavation, borrow, embankment construction, blading and grader work, and all otheri incidental work necessary to adjust the existing ROW to the proper section for construction ofthe new: road, This item shail consist ofall required excavation and shaping within the limits of the road; the removal and proper utilization or disposal of all excavated materials; constructing, shaping, and finishing all embankments in conformity with the drawings and typical sections; compaction ofe embankments and cuts wherei required; and all cleanup. The subgrade will All excavation on this project will be unclassified and shall include all materials encountered regardless oft their nature ort the way they are to be removed. Removal by use of explosives will not be allowed under any circumstances. All suitable excavated: materials shalll be utilized insofar as is practical in constructing the required road section or in widening embankments, adjusting slopes, etc.,tod conform with thedrawings orasi insfructed by thel ENGINEER. Unsuitableroadiway excavation materials shall be wasted by the CONTRACTOR on a site to be secured by the During construction, the roadbed and ditches shall always remain in such condition as to ensure proper drainage. Ditches and channels shall be sO constructed and maintained as to avoid damage tot theroadway sections. The CONTRACTOR will be responsible: for all damage due toi improper drainage duringheavyrains: and will repair said damages tol his work ati no expense to the OWNER. Inj performing necessary earthwork and performing finishing operations after the completion of new paving, the CONTRACTOR will not drag, push, or scrape earthen materials, rock, or othér Prior toj placing any embankments, the area over which the embankment is to bej placed shall have been cleared of all grass, stumps, and other deleterious materials. Stump holes or other small excavations in the limits of embanlment shall be backfilled with suitable material thoroughly Trees, stumps, roots, vegetation, largerocks, or other unsuitable material shall: not be placed in the embankment. All embankments shall be constructed in layers approximately parallel to the finished grade ofthe roadbed along the centerline unless otherwise specified. Each layer shall be sO constructed as toj provide uniform slope of 1/4" per foot from the centerline of the roadbed to the outside, Embankments shall be constructed to the finished grade established by the  be: finished to the plan grades and the typical section.  CONTRACTOR at] his expense, outside the limits ofthel ROW.  debris along or across the completed pavement.  tamped.  123    VOL TT  PAGE 693  ENGINEER and the completed embankment shall conform to the general shape of the typical sections shown on the drawings. Each section of the embankment shall correspond to the detail section of slope as established by the ENGINEER. After completion, it shall be continuously maintained to its finished section and grade until the project is completed. Earth embankments shall be constructed in successive! layers for the full width ofthe individual roadway cross-section and in such lengths as are best suited to the sprinkling and compaction method utilized. Minor quantities of rock encountered in constructing earth embankments may be incorporated in the specified embankment layers outside ofthe roadbed. Each layer ofembankment shall be uniform Materiall broughtonto thisproject foruse as fill material shalll be obtained from off-site at al Iocation secured byt the CONTRACTOR atl his expense. It shall be free ofroots, vegetation, or deleterious material, shalll be stable and easily compactable, and shall have aj plasticity index ofless than 15. 100% shall pass ai #4 sieve. It shall be installed and compacted to 95% standard Proctor density (ASTM 698). Costs ofP.I. Proctor, and density testing on the borrow material shall bel borne by Unless specifically listed on the bid schedule, earthwork: shall notl be a separate pay item.  as to material, density, and: moisture content before beginning compaction.  the CONTRACTOR.  Subgrade Preparation  Where concrete exists in areas to be paved herein, the concrete material shail be removed as describedunder' Preparing RgofNay/Basmamal oil, asphalt, amdolrerpavingmatvials may be salvaged and reused to the extent possible in the subgrade. Reuse oft these materials will The: subgrade shall consist of on-siten materials, scarified and compacted to a depth of6", and free All reused: material as outlined above shall bel broken into pieces less than 3"i in largest dimension, and shall be well mixed with on-site soils, to provide a stable mixture which can be readily Subgrade shall be rolled and compacted with a steel-wheeled or rubber-tired: roller to a minimum of95% standard. Proctor density (ASTM 698) at or slightly above optimum moisture content. The subgrade will be subject toj proofroll testing by the CONTRACTOR The surface ofthe subgrade shall be: finished tol line and grade in conformity with the typical sections shown in the drawings and any deviation in excess of3/4" in 20' measured longitudinally shall be corrected by adding or  not vary the proposed pavement thickness or design described elsewhere.  of any soft, wet, unstable, or frozen areas.  compacted and will retain its compaction.  removing materials and reshaping and recompacting as: necessary.  Cement Stabilized Soil Base  CONTRACTOR shall have the completed soil/base mixture tested to ensure it has the proper gradation SO1 fhatity will require noi moret than 8%Porfland Cement to obtaina ac compressive strength at' 7 days of 350 psi or greater when tested according to Depariment ofl Highway's methods. The  J  124    VOLTT  PAGE 694  ENGINEER will notify the CONTRACTOR as to where the sample shall be tested and the  CONTRACTOR shall bear the cost ofthe test.  Materials. - Soil mixture shall: remain consistent with the tested sample.  Portland cement shall be Type 1 standard brand Portland cement, and shall conform to the requirements of ASTM designation C-150. One sack, containing one cubic footofcement: shallbe considered as weighing 94 pounds net; one barrel of cement shall be considered as weighing 376 pounds net, and containing 4 cubic feet. The CONTRACIOR, at his option, may use bulk cement, provided the apparatus for handling, weighing and spreading the cement is approved by the Water shall be free of substances deleterious toi the hardening ofthei treated base (brine, salt, etc.). The percent cement shall be specified after testing the source, with the maximum allowable being The machinery, tools and equipment necessary for proper prosecution of the work will be on the projetprioripbegiming the construction operation. All machinery, tools and equipment shall be Itis the primary requirement ofthis specification to secure the complete course oftreated material containing a uniform Portland cement mixture free from Ioose or segregated areas, of uniform density and moisture content, well-bound for a full depth, with a smooth surface suitable for placing subsequent courses. It: shall be the responsibility of the CONTRACTOR to regulate the sequence ofhis work, to process a sufficient quantity ofmaterial to provide full depth as shown on the drawings, to uset the proper amount ofPortland cement, to maintain the work, and to: rework Soil shall be SO pulverized that at the completion ofmoist mixing, 100% ofdry weight passes al- 1/2" sieve and 80% passes the #4 sieve. Portland cement shall be spread uniformly on the soil at the rate specified in fhe approved mix design. If a bulk cement spreader is used, it shail be positioned by string lines or other approved method during spreading to ensure uniform distribution of cement. Cement shall be applied only to such an area sO that all operations can be continuous and completed in daylight and within 61 hours after dry mixing begins. The percentage of moisture in the native soil at the time ofthe cement application shall: not exceed the quantity that will permit uniform mixture ofsoil and cement during dry mixing operations, and it shall not exceed the specified optimum moisture content for the soil-cement mixture. No equipment, except that used during spreading and mixing, will be allowed to pass over the: freshly After the cement. has been applied, itshall be dry-mixed with the soil, using multiple passes ofthe mixing equipment, Mixing shall continue until the cement has been sufficiently blended with the soil to prevent the formation of cement balls when the water is applied, Any mixture of soil and cement that has not been compacted and finished shall not remain undisturbed for 30: minutes.  ENGINEER.  8%.  maintained in a satisfactory and workmanlike manmer.  the courses as: necessary to meet the above requirements.  spread cement until iti is mixed with the soil.  125    VOL TT  PAGE 695  Immediately after the dry mixing oft the soil and cement is complete, water, as: necessary, shall be uniformly applied and incorporated into the mixture. The CONTRACTOR: shall retain and pay fora a competent testing laboratory suitable to the ENGINEER, and said laboratory shall be on-site continuously from the time that water is first added to the mixture until final compaction is achieved, to provide guidance to the CONTRACTOR as to moisture content and compaction. Pressurized equipment, trucks, and supply provided shall be adequate to ensure the continuous application oft fhe: required amounts ofwater to sections being processed within fhree hours after the start of drymixing. Care shall be exercised to ensure proper: moisture distribution at all times. After the last increment of water has been added, mixing shall continue until a thorongh and uniform mixture has been obtained. At the start of compaction, the percentage of moisture in the mixture and in the unpulverized soil based on oven-dry weight shall not bel below, nor more than 21 percentage points above, the optimum moisture content and shall be less than the quantity that causes the soil-cement: moisture to become unstable during compaction and finishing. Thei material shall be compacted to notl Iess than 95% ofs standard Proctor density (ASTMD6 698). In-place density tests shall be taken, as directed by fhe ENGINEER. When the uncompacted mixture is wetted by rain sO that its moisture content exceeds the tolerance given at the time of final compaction, the entire section shall be reconstructed in accordance with the specifications at the sole expense ofthe CONTRACTOR, Priorto beginning compaction, the mixture shall be in a loose condition for its full depth. Thel loose mixture shall be uniformly compacted to the specified density within twol hours after compaction begins. After the surface has been compacted, its shall be shaped to the required line, grades, and cross-section, and then lightly scarified to Ioosen any The: resulfing surface shall be thoroughly rolled with a pneumatic roller and clipped, skinned, or tight bladed by a: motor grader to a depth of approximately 1/4", removing all Ioosened soil and cement from the section. The surface shall be thoroughly compacted with a pneumatic roller adding small increments of moisture as needed when rolling, Moisture content of the surface material must be maintained at ifs specified optimum during all finishing operations. Surface finishing shall proceed in such ai manner as1 toproduce, inj noti more: than one-hour, a smoothclosely knit surface, free of cracks, or loose: material, conforming to the grade and typical sections shown oni the drawings. Itist thei intent ofthes specification thatthe CONTRACTOR construct thej planned depth ethe mass. The: addition ofthin stabilized layers in order Where an asphaltic surface course is to be applied over the soil cement base, installation of the surface course shall notl begin for ai minimum of10 days after fhe soil-cement: is complete. Barricades and signs shall be erected as required to exclude: alll heavytrucks, including construction The CONTRACTOR shall be required to maintain the cement treated course in good condition until all work has been completed and accepted. Maintenance shall include immediate repair of any defects that may occIr and shall be done by the CONTRACTOR at his own expense and  imprint left bythe compacting or finishing equipment.  toj provide: the: minimum specified depth will notl be permitted.  vehicles, from the soil cement for ar minimum of3 days after completion.  126    VOLT TT  PAGE 696  repeated as often as may be necessary to keep the area continuously intact. Faulty work shall be .    replaced for the full depth ofthet treatment. Hot-Mixed Asphaltic Concrete Surface  a.  General - The CONTRACTOR shall construct a compacted surface course of hot plant mix, hot laid asphaltic concrete upon the underlying material and to the fhickness shown AmR-AseatrtaaA Standard Specification The manufacturer's certification on aggregate shall be provided, and shall be: notarized and shall attest to the gradation ofand the deleterious material in the aggregate to be used, and further attest ofthe Los Angeles Abrasion Test. The cost ofsaid testing shall bei borne by Asphaltic Prime Coat - The asphaltic material for prime coat shall be MC-30 cutback asphait. Cutback asphalt shall be produced by fluxing an asphaltic base with suitable volatile solvents and shall be homogeneous and free from water. The CONTRACTOR shall provide the ENGINEER with laboratory certifications from the manufacturer oft the cutback asphaltcertifyingt that iti meets the physical and chemical requirements ofthe2014 Asphait Cement for Paving Mixture - The asphalt cement shall be AC-10 or AC-20 (PG Paving Mixture - The paving mixture shall be TxDOT 2014 Standard Specification Item The CONTRACTOR will prepare and submit ai mix design forreview by the ENGINEER. Itis the intent ofthese specifications to producear mixture which when designed and tested in accordance with the specifications, will be acceptable at an optimum density of96.0% (Tex-207-F and' Tex-227-F test: methods), and which will have a stability ofnot less than 35% when tested in accordançe with test method Tex-208-F. Voids in the mineral aggregate (Test method Tex-207-F) shall notl be less than 13%, Certifiedlaboratory: results for maximum density, VMA, and stability will be provided to the ENGINEER. Mixing Plant- The asphaltic concrete shall be mixed in ai mixing plant which is approved by the Texas Department ofTransportation and which conforms with all requirements of the 2014 edition ofthe Texas Department ofTansportation's "Standard Specifications for the Construction and Maintenance of Highways, Streets and Bridges". The ENGINEER Construction Equipment - The hot-mixed asphalt surface specified herein will be spread and finished with a mechanical, self-powered paving machine, capable of spreading the mixture to thel line, grades and crown as shown on theplans. Pavers shall be equipped with  in the drawings. Item 341.  b.  the CONTRACTOR.  C.  TxDOT Standard Specifications, Item 300.2.3, Table. 5. 58-22 or PG 64-22),meeting' TxDOT Item 300.2.10.  d. e,  341, Type "D".  f.  and OWNER shall have the right ofinspection ofthe plant.  g.  127    VOL TT  PAGE 697  hoppers and distributing screws oft the: reversing type toj place the mixture evenly in front of adjustable screeds. It shall be equipped with a quick and efficient steering device and shall be capable of forward and reverse traveling speeds of not Iess than 100 feet per minute. Motor graders or truck mounted pavers shall not be used for spreading the Thep pavers shall be capable ofspreading the mixture without segregation: inl loose thickness from 3/4"t to 4", to al maximum width ofnotl less than 10: feet, but with adjustments to spread Rollers shall include elfpropelledste-whe.l and pneumati-firedrollers. Steel-wheeled rollers shall weigh: not less than 8 tons nor more than 12 tons and they shall be equipped with adjustable spring scrapers fitted to the driving and the steering wheels. They shall also be equipped with sprinkling systems which will uniformly moisten each wheel, and wetting devices such as cOcO1 mats shalll bei included. Anyroller which deposits any excess water upon freshly laid asphaltic concrete shall be immediately removed from the job. Pneumatic tiredrollers: shall bes self-propelled and shall consist ofnot less than 71 pneumatic tires revolving around two axles. Tires on the front and rear wheels shall be staggered where they will cover the entire area on which the roller traveis with a minimum overlap of1/2". Theroller shall operate smoothly and without jerking when starting, stopping or reversing direction. Under working conditions, the roller shall develop a compression of not less than 265#, or more than 500# per inch width of tire tread in contact with the bituminous surface. The tires shall be inflated to a tire pressure of not less than 60# per square. inch. It shall be equipped with an adequate cleaning and scraping device on each tire to prevent the bituminous mixture from accumulating on the tires. Rollers shall be equipped with a water system which will keep all tires uniformly wet and which will have a capacity to provide not less than 2 hours continuous operation without refilling. All rollers and other equipment shall bei maintained so as: not to deposit gasoline or oil or other  asphaltic: mixture.  the mixture on strips ofless than 10: feeti in width.  petroleum products upon the freshly paved mixture.  All equipment shall be maintained in good repair and operating condition.  h.  Construction Methods - No surface course shall be constructed until adequate CONTRACTOR'S personnel are available. As an absolute minimum this shall include the paving machine operator, a roller operator, a foreman, and 3 laborers. The CONTRACTOR shall add additional personnel as he deems necessary. A10-foots straight The base shall first be primed with an application of] MC-30 cut back asphalt at a rate of not less than. I and not more than .3 gallons per square yard. The primer shall be spread evenly. Any pools of primer which may remain on the surface shall be removed. The primer shall be allowed to cure: for 12 hours' before placing asphaltic concrete. No priming material or asphaltic concrete shall be applied unless the ambient temperature is 40° F. and rising and the priming material shall only be applied on a surface which is dry, not: frozen, and when weather conditions are suitable. The asphaltic concrete: mixture  edge shall also be available.  J  128    VOL' TT  PAGE 698  prepared according to these specifications shall be hauled to the site of the work in vehicles previously cieaned ofall foreign materials. The dispatching of the vehicles shall tight be arranged so that all materials delivered may be placed and all rolling can be completed during daylight hours. In cool weather, or for long hauis, canvas covers and/orinsulating of the truck bodies will be required. The inside of the truck body may be given a light coating ofoil or lime slury,ifnecessary, to prevent themixture from adhering to the body. The asphaltic material shall be dumped into the spreading machine and spread on an approved prepared surface, in such a manner that it will be properly compacted and finished. The payement will be smooth and of uniform density and will meet the requirements of the typical cross section shown in the plans. After placement, the Rolling shall start by first rolling the joint with the adjacent pavement, and then rolling longitudinally at the edge ofthe pavement and proceeding towards the center, overlapping on successive trips by at least one foot. Alternate trips with the roller shall be slightly different in length. Rolling shall be continued until no: further compression can be obtained and allr rollermarks are eliminated, The: motion oft theroller shall be slow enough at times to avoid displacement of the: mixture. Ifany displacement occurs, it shall be corrected at once by the use of rakes, and fresh mixture as required. Rollers shall not be allowed to stand on the pavement which has not been fully compacted. To prevent adhesion of the surface mixture to the roller, wheels shall bel kept horoughlymoistened with water, but an In-place density tests may be conducted by the ENGINEER on each section of payement. Materials must be placed and compacted to at least 95% of the maximum density determined by the laboratory testing. The costs of these tests shall be borne by the OWNER, The density will be determined by a nuclear density test. In the event that the density or thickness has tol be tested with cores, the CONTRACTOR will furnish cores and repair core. holes, at not cost to the OWNER. Immediately after the initial rolling of the surface course, the CONTRACTOR shall test the surface course for smoothness with a 10- foot sfraight edge to locate high and low spots so they may be altered while the mixture is Thes secondr rolling ofthe surface course may be done with aj pneumatic tired roller. Rolling shall follow the breakdown rolling as close as possible and while the paving mix is still at a temperature that will result in maximum density from this operation. Pneumatic tired rolling shall be continuous until all the mix placed is thoroughly compacted. Turning of pneumatic-tired rollers on hot paving mix which causes undue displacement shall not be After final compaction, the surface shall be smooth and true to the established grade, shall have the average thickness specified and shall at no point Vary more than 1/4" from the specified thickness. Any low or defective places shall be remedied by cutting out the course at such spots and replacing with hot, fresh mixture which shall be immediately compacted to conform with the surrounding area and shall bet thoroughlybondedi itoit. The finished pavement shall be free: from depressions exceeding 1/4", measured with 10-foot  pavement shall be compacted thoroughly and uniformly as follows:  excess of water shall not be permitted.  still workable.  permitfed.  0  129    VOL TT  PAGE 699  straight edge paralleling the centerline of the road. No traffic, including the CONTRACTOR'S shall be permitted on the finished pavement until it is cooled to atmospheric temperature. It shall be the CONTRACTORS responsibility to install adequate traffic confrol tol keep ail vehicles offofthei new paving until it cools. After final compression, the finished surface course shall at no point have a density ofless than 95% of the density developed in the laboratory testing method outlined in TxDOT bulletin C-14. Ifthe density ofthe: finished course is less than 95%, additional rolling shall be: required. Iti is the intent oft the specifications to result in the full specified thickness of compacted asphalt, with the plus or minus 1/4" tolerance specified previously. It will be necessary that the CONTRACTOR lay a slightly thicker loose measurement in order to insure the compacted measurement. The edges ofthe pavement not accessible to theroller It is considered preferable to complete the entire width of pavement in one day. In the event that the whole cross-section cannot be completed in a day, the CONTRACTOR shall paint any Iongitudinal joints lightly with MC-30 prior to paving the adjoining lane. The The temperature of the asphaltic mixture prior to entering the paver shall be not less than 250° F. Asphalt which is found to be less than 250° F. will be immediately rejected and removed from thejob site. When possible, thet mix should bel laid lat300°F., plus orminus 20°. All rolling must be completed before the mixture cools to a surface temperature of  shall be compacted with lightly oiled hand tamps.  application rate shall be between 0.1 and 0.2 gallons per square yard.  160° or less. Themixture shall not be! heated above 350°F at any time.  Crack Sealing  The cracks to be sealed by this CONTRACTOR shall be identified by the ENGINEER prior to beginning crack sealing operation. The ENGINEER will determine the approximate time for this sealing. Typically, sealing is done in late September or early October, ori in thellh or 12h month The asphalt crack sealant shall be hot poured rubber. Meeting the specifications of Item 712 in the Standard Specifications for Construction and Maintenance ofHighways. Streets, and Bridges All cracks shali be cleaned using appropriate brushing or blowing operations to provide intact bonding surfaces which are: free from all dust, moisture, or other contaminants. The depth must be at least twice the joint or crack width. If depth is greater than twice the width, this CONTRACTOR may fill the crack to the appropriate depth with: mortar sand. This sand shall be compacted in the cracks by use ofhand tools to the satisfaction of1 ENGINEER prior to sealing. No sealing of any joints or cracks shall be done when the joints or cracks are damp, unless drying Crack sealant shall be applied to a slightly overflied condition and then leveled with a squeegee or sealing shoe in a narrow band across the crack: with an overlay beyond the crack edges.  ofthe warranty, as determined by the OWNER and ENGINEER.  (latest version) published by the Texas Department ofTransportation.  ofthe joints and cracks can be accomplished with compressed air.  130    VOL TT  PAGE 700  Sealants must be melted in aj jacketed double boiler type melting unit which is equipped with both agitation andi recirculation systems. Accurate temperature gauges shall be provided toi monitor the  temperature ofthe vessel contents to ensure proper heating ofthe: material. Crack sealing is considered incidental to the work with no bid item provided.  Fine Grading  Fine grade all exposed earthen areas affected by construction, and elsewhere or as shown on the drawings. The finished surface shall be uniform and shall slope away from all structures. No Grade all sites, rights-of-way and easements toj prevent ponding of surface water, and to drain in a Areas tol be seeded, sodded or sprigged shall be fine graded and compacted, then disked a two inches immediately prior to the placing ofthe grass. The top 2" ofsoil shall be available depth on-  slope shall be steeper than 4H:1V, unless specifically shown on the drawings.  like direction as prior to construction, unless otherwise shown.  of  site material, unless specified otherwise.  Areas designated to: regrass themselves naturally shall be fine-graded, and disked.  Setflement or érosion, which affects the fine grading, shalll bei repaired as required until completion.  ofthe project and the warranty period. MISCELLANEOUS Preconstruction Video Documentation  A video recording of the site shall be done by the CONTRACTOR before beginning construction. This requirement will be done to document pre-existing conditions construction. One "thumb-drive" copy oft the: recording will be given to the ENGINEER prior prior to  any to  thel beginning ofconstruction. Project Guarantee  Neither the final payment, nor any provision in the Contract, nor partial or entire use of the improvements embraced in this Contract by the OWNER or the public, shall constitute an acceptance ofwork: not done in accordance with the Contract or relieve the CONTRACTOR of This CONTRACTOR shall guarantee for a period of twelve calendar months from the date contained in the substantial completion certificate that all equipment and products are free from defects ini their design, materiai, manufacture, and workmanship. Separate ori individmalwaranties and guarantees by the suppliers of various equipment and products in lieu of the single source responsibility will not be acceptable. In the event any item is found defective during this twelve-  liability: for: faulty materials or workmanship.  -  131    VOL TT  PAGE 701  month period, this CONTRACTOR shall provide all labor, replacement parts, supervision, and materials necessary to correct the defects at the project site without cost to the OWNER. Any component SO repaired shall be guaranteed by the CONTRACTOR tol be defect-free for the mslnglwahre-monpeia, eveni ifthatperiod goes beyond the endofthed original twelve-monfh Manufacturer or supplier standard guarantees, which exceed the above twelve-month period. shail bei furnished tot the OWNER;however; this ini no wayrelievest this CONTRACTORoFhisy warranty Each manufacturer and product supplier by furnishing his merchandise on this project, unconditionally warrants that, when saidarticle or product is used as set forthb herein, and operated and maintained within the said supplier's recommendations, the article will perform the services The CONTRACTOR and his suppliers shall notl bei responsible for the project design concept.  D  period.  period.  herein required ofit.  Regrassing  CONTRACTOR shall furnish all labor, supervision, equipment, grass seed, sprigs, fertilizer and  other items that may be necessary as follows:  - -  a.  Bermuda Grass - CONTRACIOR shall reseed all areas disturbed by his construction All seed must meet the requirements of the Texas Seed Law including the labeling requirements for showing pure live seed (PLS) name and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be: fiished for analysis and testing when directed by thel ENGINEER. The amount Water shall be clean and free of industrial wastes and other substances harmful to the Topsoil shall be native soils salvaged from the top 6" of disturbed area and stockpiled. Fertilizer shall have an analysis of15-15-15, or as indicated on the plans.  operations.  ofseedplanted per acre shalll be oft the type specified below.  growth of grass or the area irrigated.  Straw mulch shall be oat, wheat or rice-straw, Prairie Grass, Bermuda Grass, other straw Cellulose fiber: mulch shall be natural cellulose fiber mulch produced from grinding clean whole wood chips. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulching of grass seed, either aloneror  or hay approved by the! ENGINEER.  132    VOLTT  PAGE 702  with fertilizers and other additives. The mulch shall be such, that when applied, the material shall form a strong, moisture-retaining mat without the need of an asphalt binder. Wood. Fiber mulch shall bej produced from groundnewsprint with al labeled ash content: not to exceed 7 percent. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulching of grass seed, either alone or with fertilizers and other additives. The mulch shall be such, that when applied, the material shall form a strong, moisture-retaining mat without the need: for an asphalt binder. After the designated areas. have been rough graded to the lines, grades and typical sections indicated or as provided fori in other items ofthis contract and any other soil area disturbed by the construction, likewise prepared, suitable seed bed shall be prepared. The seed bed shall consist of either 4" of approved topsoil or 4"ofapproved salvaged topsoil cultivated androledsuficientiyi to a state ofgoodtilth. The optimum depth for seeding shall be 1/4". Water shall be applied as: required to prepare the seed bed. Seeding shall be performed in Broadcast and straw mulch seeded areas shall immediately be watered with a: minimum of 5 gallons ofwater per square yard or as needed and in the: manner and quantity as directed Hydraulic seeded areas shall be watered commencing after the tackifier has dried with a minimum of5 gallons of water per square yard or as needed to keep the seed bed in a wet Watering applications shall be constantly maintained the seed bed in a wet condition favorable for the growfh of grass, Watering can be postponed immediately after a: rainfall Thes seed bed shali bej prepared as specified above and ydsuliepatny-y-pmm, which From March 1, to September 15, the hydraulic planting mixture and minimum rate of  accordance with the: requirements hereinafter described,  by the ENGINEER.  condition favorable for the growth of grass.  of1/2" or greater but shall be resumed before the soil dries out. can place all material in a single operation, shall be used.  application per 1000 square feet shall be:  Hulled Bermuda Seed (PLS-0.83) Water Soluble Fertilizer Fiber Mulch Cellulose Wood Soil Tackifier Cellulose Wood  1lb. 13 Ibs. 45.91bs. 57.4Ibs. 1.41 Ibs. 1.51bs.  133    VOLTT  PAGE 703  From September 151 to November 1, add 3 pounds per 1000 square feet ofwinter rye with a PLS = 0.83 to above mixture, and 1/2 lb. unhulled Bermuda. Preferably the seeding should be accomplished in early spring - no seeding will be allowed from November 1, to Straw mulch shall be spread uniformly over the area indicated or as designated by the ENGINEER at the: rate of2 to 2-1/2 tons of straw per acre. The actual rate of application will be designated by the ENGINEER. Straw may be hand or machine placed and shall be Cellulose and wood fiber muich shall be spread uniformly over the area indicated or as designated by the BNGINEER at the rate of45 to 80 Ibs. per 1000 square feet. Its shall be the CONTRACTOR'S responsibility to maintain the initial shape and contour of the entire seededsprigged area, irrespective ofthe project's 12-month maintenance period,  February 28, without specific approval ofthe ENGINEER.  adequately secured.  until such time as a 75% average grass coverage has been obtained.  134    VOLTT  PAGE 704  APPENDIX    VOL TT  PAGE 705  2  This document has important legal consequences; consultation with an attomey is encouraged with  to use  modification. This document should be adapted to the particular circumstances of the contemplated respect Project its and the or  Controlling Law,  STANDARD OF THE  GENERAL CONDITIONS CONSTRUCTION CONTRACT  Prepared by and  ENGINEERS JOINT CONIRACTDOCIMIENIS COMMITTEE  Issued. and Published Jointly By National Societyo of Professional Professlonal Enginsersini Privale! Praclica  ASCE AMERICAN SOCIETY OF CIVILENGINEERS  Engineers  AMERICAN CONSULTING ENGINEERS COUNCIL  PROFESSIONAL) ENGINEERS IN PRIVATE PRACTICE NATIONAL SOCIETY OF: PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVILENGINEERS This document has been approved and endorsed by  a.practice division ofthe  Es uET  The. Associated General  Contractors of America  Construction Specifications Institute  Adrancechen! Conatrvuchon  These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are Interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplemenlary Conditions (No, 1910-17)  (1996) Edition).  EJCDC No. 1910-8 (1996 Edition)    VOL TT  PAGE 706  Copyright @1996  National Society of Professional Engineers 14201 King Street, Alexandria, VA22314 American Consulting Engineers Council 1015 15th Strect N.W., Washington, DC20005 American Society ofCivil Engineers 345 East47th Street, New York, NY10017  00700-2    VOL TT AFTCLEI-DERNITONS, ANDTERMINOLOQY. 1.01 DefnedTerms 1.02 Torminology.. ARTICLEZ-PRLIMINARYMATTERS 2.01 DeliveryofBond: 2.02 CoplerDoaument: 2.03 Contmoncement afContrac: Times; NottcatoProceed 2.04 Starting the Work. 2,05 BeforaStarling' Consiruction 2.06 Preconstruction Confarence. 2,07 InutlalAeceptanca: ofSchedtles ARTCLE3-CONTRACT: DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent 3.02 RefrenaSlandard: 3.03 Reporting and! Resolving Discrepancier 3.04 Amending and Supplementing' Contrat-Doctuments 3.05 Reusa Domments ARTICLE4-AVAVAILABILITY OFI LANDS:SUESURFACEANDPHYSICALCOND'TIONS: REFERENCE POINTS. 4.01 Avalabiltyg ofLands, 4.02 Suhaurface and! Physical Condltions 4,03 Diering Subsurface or PhysicalConditions 4,04 UInderground! Faothties. 4.05 RefrencoPonts 4,06 Hazardous Emvirommental Condition atSite ARTICLES-BONDS. ANDI INSURANCE 501 Parjornance, Payment, and Other Bonds. 5.02 Licensed Surattes and! Insurers 5.03 Cartfcaler ofinsurance. 5.04 CONTRACTOR'! Liabllity Insuranca 5,05 OHNER*Lbihty! Inmurance 5,06 Properly! Insrance, 5.07 H'aivero ofRights 5.08 Recapt and. Applicatlon aflstranceProceeds 5.09 Accaptance fBonds and! Insurance; Option oReplace. 5.10 Parhal Umlatom.lchaowialgmemt fProperyInsurer ATICLES-CONTRACTORS: RESPONSIBILITIES. 6,01 Spervision and Suparntendence 6.02 Labor; Working! Hors 6.03 Servicas, Matenals, and Equpment 6,04 Progress Schedule. G.05 Sibstumtes and' "Or-Equals" G.0G Concarnng Subcontractors, Suppliars, andOthers 6,07 Patent! Fees andh Royaltes. 6,08 Parmit. 6,09 Laus and! Regulations 6.10 Tuxes G.11 Use ofSte and OtherAreas 6.12 RecordDocumtents 6.13 Sqfèr'and Pratection G.14 Sqely-Reprerentave 6;15 HoarCommumcation: Prograns 6,16 Emergencles 6,17 Shopl Dratvngs and Samples 6.18 Contnumg: thel Work. G,20 indemnylcatton ARTICLE7-OTIER WORK 7.01 Related! VarkatSlls 7.02 Coordination. ARTICLES-OWNERS RESPONSIBILITIES 8.01 Communicattons. lo Contractor 8,02 Replacamento fENGINEER. 8.03 FurnishData 8.04 PayPromptly! hen.Due. 8.05 Lands andl Easements; Reports and' Tasls. 8.06 Insurance. 8.07 Changa! Orders 8.08 Inspecllons, Tests, andApprovals 8:09 Limitations on OAER*Rapontbtller. 8:10 Undisclosed! Hazardous, EnvpronmentalComdlion  TABLE OF CONTENTS  PAGE 707  Page 00700-5 00700-6 00700-6 00700-7 00700-7 0D700-7 00700-7 00700-7 00700-7 00700-7 00700-7 00700-7 00700-7 00700-7 00700-8 00700-8 00700-8 00700-8 00700-8 00700-8 00700-8 .00700-2 00700-9 00700-9 Q0700-10 00700-10 00700-10 00700-10 00700-10 00700-11 00700-11 00700-11 00700-12 G0700-12 00700-12 00700-12 00700-12 00700-12 00700-12 G0700-12 00700-12 00700-13 00700-13 00700-14 00700-14 00700-14 00700-14 00700-14 00700-14 00700-15 00700-15 00700-15 00700-15 00700-15 00700-16 00700-16 00700-16 00700-16 00700-16 00700-17 00700-17 G0700-17 00700-17 00700-17 00700-17 00700-17 00700-17 00700-17 00700-17 00700--17  6.19 COMTRACTOR/GmanallemamyandG.aranie:  )  00700-3    8.11 VGkas - ManenadAranganentr, AITCE)-mCNaSfAtN DURING CONSTRUCTION. 9.01 OWNER' S.Reprasentaliya. 9.02 Visits to Sile 9,03 PraetRepraseritane 9.04 Clarflcations and Interpratations 9.05 Authorized! Varialions in Work. 9,0G Rgecting Defecnve Work 9.07 Shop Drawings, Change Orders andPayments 9.08 Detarmnations) far Unt! Prica Work 9.02 Decisions an Raguirements afContract Documents and Acoeptablity@Work 9,10 Limtfations onk ENGINEERAuthoriya andi Responsihlitias, ARTICIEID-CHANGES IN THE WORK; CLAIMS. 10,01 Authorred Changest m thal Work. 10.02 Unauthorized! Changes m the Wark. 10:03 xecntion afChange Orders 10,04 Notjication: to Surely 10,05 Claims andDisputes. 11.01 Costofthe Work 11,02 CathAlloancer 11,03 Emt Pnce Work. I2,0I Change fCantract.Price 1Z,02 Change afContract? Times 12.03 Delaye DPeBICOMTRACTORXCams. 12.04 Delays Within CONTRAC7ORKCoatrdl, 12.05 Delays BypmiomABF3m/COMIRACTORYCaninel. 12,06 Delay! Damages. DEFECTIVE WORK. 13.01 Notce afDefacts 13.02 Access to Work.. 13,03 Tests and. Inspections 13.04- Uncoverng Work 13.05 OENERMaySlep! thel Work 13,06 Correction or Removalg ofDefectye llork 13,07 CorrectionPerod. 13.08 acauptance afDefechva Hork: 13.99 OHAERMayCorredt: Dfective lork. ARTICLEI 14-PAYMENTSTO CONTRACTOR. AND COMPLETION 14.01 Scllcdula afValues 14.02 Pragres Paymunts 14.03 CONIRACTOR's) WarrantyofTile 14,04 Substantial Completion. 14.05 Partial Uulization 14.06 Fina! Inspection, 14.07 Final Payment, 14.08 Final CompltonDalayed 14.09. Wayerc afClams AFTOLEIS-SUSPENSION OF WORK AND" TERMINATION 15.01 OWNERMay! Suspend Work. 15,02 OBNERMay! Termnatey far Cause 15.03 OWNERMay! Terminate) For Canvamenca 15.04 COMIRACZORMaylop. Warkor? Termate AETICLEI6-DISPUTE: RESOLUTION 16.01 Mathods and Procadures ARTICLE! 17-MISCELLANEOUS 17.01 Glving, Notice, 17.02 Computation afTimes. 17:03 Cumulativel Remadies 17,04 Survlval ofObligations 17.05 Controlling Law.  PAGE-708 00700-17  00700-17 00700-17 00700-17 00700-17 00700-17 00700-17 00700-17 00700-18 00700-18 00700-18 00700-18 00700-18 00700-18 00700-18 00700-18 00700-18 D0700-18 00700-19 00700-19 00700-20 G0700-20 00700-20 00700-20 00700-21 00700---21 00700-21 00700-21 00700-21 00700-21 G0700-21 00700-21 00700-21 00700-21 00700-22 00700-22 00700-22 00700-22 00700-22 00700-22 00700-22 00700-22 00700-23 00700-23 00700-24 00700-24 00700-74, 00700-24 00700-24 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-25 00700-26 G0700-26  ARTICLEII-COST OF THE. WORK; CASH. ALLOWANCES: UNITI PRICE WORK ARTICLE F-CANEOPCOMICTRER CHANGEC OFC CONTRACTTIMES  ARTICLE 13-TESTS AND INSPECTIONS; CORRECTONLTEMOVALOR ACCEPTANCEO21  -  00700-4    VOL TT  GLNERAL CONDITIONS  PAGE 709  13. Contract Prica-Tho moneys payablo by OWNER 10 CONTRACTOR for complelion ofthe Work in accordanes wilh the Contract Decumsmlsasslaledint the Agreement (subjectiot thop provisions of paragraph 11.03 int thecnseofUnitl Prico Wark). 14. Contract Thnes-Thet mumbero ofdays ort tho dntess statedi int the Agroement to: @) achiove Substantial Completion; and (ii) complate the Warks so thati itisr ready. for final payment as evidehced! by ENGINEER's writtenr recommendalion offinal payment. 15. CoMICTOR-iehahaal orentity.witl whom OWNER lns enteredi ifot the Agrecment. 16, Caefheo-SepmgAl 11.01.AI lar-definilion. 17. Drawmg:--Tlnt; pari oft the Contract Documents prepared ur approvedly ENGINEER whichg graphieallys shows thes scups. ustant, and characler of the Work to bo performed by CONTRACTOR. Shop Drawings and olher CONTRACTOR submittals zrer not-Drawings ass so 18. Efectva. Date of the. Agraement-The date indicated in the Agrecment on whichi itb becames clfectivi, but ifnosuch datei isi indicated, itmennst fhot datconsvhichthe Agrcement iss signed ando deliverdhy! lhel Iast 19. ENGINRER-Ths individunl or untity mmed as: such in the 20. ENGINEDR'S Conatant--An indlvidual ar enlily having a contracts walhNGNEERofimiah: servicas ns ENCINEER's! independent prolessional. associato ard consullant withrespeut: lot the) Praject. mdv mhois mAHtyy Conditionn 21. Fiald Ordar--A writlen order issued by ENGINEER which meguinsminorchangesi int the Work but which dous noti inycivpachangein tho Contrct Price ori ihc Contract" Times. Gememai-fegirnmenis-Betivaw Division o!tha prlisti-hreama Repirmmipetairioisaieraltis: 23, Hecardous) Imronmantal! Conltton--Thej presence nt1 lhc Sile ufAshestos. PCBs, Petraleum, Hazardous' Wasle. or Radionetive Mulerial insucquartities orcircumstancost that may presen! as substantinl dangertu persons orp propertye exposed theretoi inc comectiont withi tho Wark. 24. Hazardous Maste-- Thet torm! Hazardous" Wasle shall Inve! lhe msmahgpuilalinSatin 1004ofthe! Sclid Waste) Disposal Act (42 USC Scction6 G903) as amendedi fromt time tot time, 25. Lavys and Regulanons; Lmys or Regulations--Any and all mpplimbioinva.nis,t regulafions, erdinances, codes, and orderso ofany and all governmenial bodies, agencies, mulhorities, and courts having 26. Llons-Chmgstaurlyi inlerests, ore encumbrancest upon! Project 27. Milertana-A principa! cvent specified in the Contract Documents relating lo an inlermedinte completion dnfe or fime prior to 28, Adwelawmdal OWNER to! (o apparent successful bidder sinting that upon ilmely complinnce by tho mpparent sucosillbitierwilht thoc condilians precedent listedtherain, OWNERwilI 29, Notice lo Procced-A written notice given by OWNER to CONTRACTOR flxing tho dato an which flo Conimet Times will commenco! tor munz and ont which CONTRACTOR: shalls starttoperform! the  AICIBI-DAFNITONS AND TERMINOLOGY  1.0I DefînedTerms  A. Whenvor usedint tho Contract Documents andp printedy withi inilialo or alicapitallelters, thot terms! listedbejowy willl havel thos meaningsi indicaledy which aren applicable! lobath! thes singularandp plurn! thercof. 1. Addenda-Writen or graphic instrumenis issued prior to the epamingafHiiswhiche clarify, correct, orc changet thc Bidding Requirements ortho Contracl Documonts. 2. Agrement-The written instrumen! which is evidence ofthe ngreement belween OWNER! mdc CONTRACTOR coveringthe Work. 3. Applicatan! for. Payment--Thef fonnt neveplablelol ENGINEER whichi isto! bay used! hy CONTRACTOR during fhec course ofthel Work in requesling progress orf final payments ad whichi ist tob be accampanicdb by such supporting documenlation: asi isrequiredb bythe Contract Documents. 4. Axbestos-Ary material that contnins more than anc percen! asbastos and is Iinble ar is: rejensing ashestos fibers Into ths air above currenta aution levels established hythe Uniteds SiatesOccupallonat. Safaly 5. Bu--Tle afler ar propusa! of a bldder submilted on the pnuseribedforms settingf fortitheprives forthe Workte toheperformei. .G. Blddng Docunerits--Ihe Bidding Requiremenls and tho praposedContrcl Douments (includingn all Addenda issued priortor receipt 7. Blddling Regurements-The. Advertisement orl Invitation tol Bid, Instructienslo! Bidders, Bidsecurity? form, ifany, and! thel BH forms with any 8. Bonds-Perfommntee: and paymen! bonds and atheri inslruments 9. C'hange Order-A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and nuthorizes an adhfon,delatiun. urruvisioni in! tho Workorann adjustmentint tho Contraet Pricu ort the Contract" Timis, issued ond or aflert the Effeclive. Dalo ofthe 10. Cam-Atmmierasarim: by OWNER ar CONTRACTOR suekingunn adjustment ofContract Price cr Contract? Times, ar! bolh, orother TelieFwithr nespecl to1 thu lems afthe Contract. Ad demand for money ar 11. Contract--Tho entiren andi integratedwrittent agreemen! belween Iho OWNER md CONTRACTOR conceming tho Work. Tho Contmel supersudos prior negolintions, representations, or agreements, whelher 12, Contract. Documents--The Coniract Documents establish tho rights and uhligntions ofuer parties andi includet tho Agrecment, Addenda lipshintiolaCainal Damtmenis), CONTRACTOR' Bid (nclud- ingdocumantationt accompanying thel Bid: and any post Bid documentalion submitted prior tothe? Naliceo afAward) wient attachedasn ane exhibit 1ai the Agreement, thel Noticefo! Procced, thel Bonds, these Generni Canditions, the Supplemenlary. Conditions, the! Speclfications: and thel Drawings as! thos samo aremomaspepilreally: identifiedint the Agreement, togetharwithr a!! Writlen Amendmonts, Chango Ordars, Wark Change Directives, Fieldo Orders, and ENGINEER's written interpretations and ciarificalions issued ond ors afler the Efloctiva, Date oftho Agreement. Approved Shop Drawings: and fhe rportsandd éhmpingsofaubaurfanea andphysical conditions arenot Confract Documents. Onlypmintedarharic copies ofthei items listedint this) paragraph are Confract Documanls. Filesi in clectronio medin format ofi text, datn, graplics, and tho like that may bo fumished by OWNER to CONTRACTORarar noL Contract Documents,  dofined.  ofthet twot partiast los signo andd ddlivar. Agreoment.  mdl Tcallh Administmtion.  ofBids). supplemerils, afsecurity.  Spreifications:  Agnemet.  srasbyntaidpary! isn nola Claim.  jurisdiclion.  written orc aral.  finds, real property, arp personnig property. Substantini Completion ofall tha Work. signs and deliverthe Agreement. Workt underi tho Confract Dacuments,  )  00700-5    30. Warkisibepefommed  imy al, entity. public body, ora aullorilywith  47.  wwhom CONAREES cnredi infoi thc Agreement: andf forwhomi the 31, Partal Oilrzation-Us by OWNER of a substantially completed pari ofthe Work for thu purpose! for whichilisi intended(ora relaledpurpose); priork los Substantial Completion ofalli the Work, 32, PCBs-Polye.Mlarinate.l biphenyis. 33, Patrolemmi-Pairoieum, including crudo oll ar any fraction thereofwhichi isl liquid: ats sinndard conditions ofiemporature andp pressure (GDd degrees) Tahrenlitt and 14.7paundsp per squarei incha absofuto), sucha as ail, petrolum, fuel oil, olla aludge, oji: refise, gnsolinn, keroseno, and oil mixed witlz alhernon-Hazardous' Wastea and cruded oils. Projacl-The lolal construction d which the Work. to ba porformed under tho Contrac! Documents mayb bot thes shole, oral partas mayb bai indicatedo oisewhere ini the Contract Documents,  For-bidding seP-AHEgb-Pe 5 material: as delined hy: the Atomio Emergy Acto of1954 (42 USC Section 37. Resdant PoelIepmaama-Ti: authorized representative GFIENGINEER who: maybon assignediot the Site ara any! parltherea!, 38. Samples-Physical axamples of materinis, cquipment, or thate aer rpnsantativrafsomer parlion oftho Work: andy which establisht thes standarishywlich: stahy porliold affho Warkwilll bej judged, 39. Shop Dravmgs--All drawings, diagrams, illustrations, schedules. nnde other datn ori informationwhicha arcs sperlfelyprepareior assembled! by ar FOr.CONTRACTOR: and: maitalyCoNTACTOR 40, Site--Lands ar areas adicated int tho Coniract Dacuments: ns heing fimmished ly OWNER upon which the Work is tal bo performet, including rights-af-way mdo eascments for accass fherclo, and such other lands furaished by OWNER which ure designated for the uso of 41. Specyflealious-Thaty parto ofthe Contract Documents consisting aFvritentochmical descriplions ofr materials, equipment, system, slandards, andyorkmanship: ns appliedtot tho Worka ando certainn ndminisirativer details 42. Subconiructon-Ani individual orenlitylavingat direclcontract VhCONTRACTOR Lur withr any other Subconiraclor fort the perfomnnee 43. Substantlal Complatlon--Tho time at which tho Work (or a spccified pari thoreof)! Ins progressed tot the paint where, int tho opinion of ENGINEER. thul Wark( (oraspecitied, port thereuf)iss sulficiently complele, inacoordance witht the Conlruc Documents, soi thatt the Work (or aspeclfied part thercof) can bot utilized fart thop purposes fort whichitk isi inlended, The lenns" substantiallyc complele"and" "substantinllye completed" as Appliedto alle orparic ofdic' Warkrefertos Substantial Completiont thercof, 44. Supplementary Conditlons-That part of the Contract Documentswiich: amends ors supplemenlst thoset General Condilions. 45. Supplier-A. mmufacturer, fabricalor, supplier, distributor, materialman, or vendork Ivingud direct contrart with CONTRACTORoF wilanys Subcontractort tofiish mmicrinls are equipment tol hoi incorporaled inthe Warkby CONTRACTOR: or: any Subcontractor. 46, Underground! Facilitles-Allu underground pipelines, conduits. ducis, dables, wires, manholes, vauiis, fanks, funnels, ord olhers such facililies or altrchments, and anys encasements conlainings such facilities, inpluding those thnt convay alectrlaily, gases, sleam, liquld petroleum products, Icloplione or other commtmications, cable tolovision, Water, wnslewafer, stom water, ather liquids ord chemicals, artraflio orotiercontrols systems.  UMMHMPAGE  hasisofunitprice  48. Work-The entire compleled vohstruclion or thu various suparaloly Contract Documents, identifiable Work parts thercof includes requirad and! is thet to bo provided under the provifingall! labor, services, and docmentation: necessaryt result ofp performing or consiruclion, andf fimishing.installing audi incorarating al: lo prodcesuci matcrials and equipment into such cansiruction: all as raquired by the Contract Docu- CONTACTOREsdwere, tho Effeolive-Dato wiitten ofthe statement Agreement: to YOMARey ENGINEER orderingr mt addition, and sibsurineerphy.icl, conditions underwhicht the Worki isto! be performed erloe emergoncics, AWark Changel Direclive will: nolchange thc Contracl Fricco ar tho Contract Tines buti is ovidenco that tho partics oxpecii thatihe change ordered ar documented by a Work Change Dircctive be mapamtainasuhsgunly issucd Change Order Following: negoliations will Wybapudsaipls-fafay, ont the Contraot Priced or Contract" Times. 50. Wrillan Amandmeni-A written statement modifying the Comimt.Documenls,s sigadlyOwNER: BmiCONTRACTORng ort afler the Elcctive Dafo of the Agreemont and normally donling with tho nonengincering, or monlechnical ralher than strictly construction-related  menfs.  49. Work Change Drectve--A dclelion, arrevision in the Werk,  orn responding! lo differinga ort unforescen  34.  mlistabiateoFeniek: 36. Radioaciye. Malarial-Soures. 2011 clseg,).ass smendedftum lime toti timo,  naclenr, arl special bypraduet  aspcctsoftha Conlracl Documenls, 1.02 Termnology A. Intent ofCertain! Terms orAdjactives 1. Whencverint the Contract Documents! hhe terms" "ass ailowed,""as approved,": or terms ofl like affect or import are uscd, or lhe "reasonnble," "suitablc," "acceptabio." "proper," "satislactory." adjectives ar adjoctives of like elfect or import. are used 1o describe an action ur atemiwloofINGNER astot the Work. il-isi infendedi thai such action ordeterminalion willl hes soldlyto cvaluate, ing general, (io for complinnee with the requiremenis ofa and inlormalion: complated ini 1ho Contract Dacuments and conformanuo with the design concep! of thc Project as n finctioning witole as shown ar indicaled- in tha campleted Contract Documenis (unlesst theroi isa: pecitiestalement: indicntingo ofhcrwise). The use ofa any such term orn ndjectivas shallt not hex elTectiveioassignt tol ENGI- NEER: any duty or aullorily tos superyise ord direct tho performmnee ofthe Work cri any duty ar nuthority lot underlako responsibility confraryt tot tho. provisions of paragraph 9.10 or any olher provision of the Cantract 1, Tho word "day" shall conslitutc n calendur day of24 ltours 1, Tiswurd"deleaivu." whent mndlyingihoward' "Work,"refrs Waktatbualkhty. faulty, or delicienti int that itdocst nol conform to ihc Conlract Documents ur does no! meet thc requirements of any inspcation, roferenca slandard, fesl, orn mpprovalr referred toi int the Contract Docments, or! has! bcend damagedmriarto ENGINERAmwmmmhale off final payment (unless: respensiailly.forthe) protection-t thereafhas! bcen assumed by OWNER al Substmntial Complction lo accordanco with  wurkmshipt  Work:  toi illustrales somuy porlionofthe' Work.  CONTRACTOR. opplicablet thereto. ofapartofthe Work: att tho Site,  Doctments. B. Day  measured from: midnightiot ther noxtr midnight.  Dafèctive  paragraphi 14.040 or 14.05). D, Furish, Install, Perform, Provide  Tho Word' "Rumish," whent used in connection wilh services, materials, or equipmeni, shnl! mean to: supply and deliver said servlocs, mnferinis,ar equipment lothos Silc (orsomo alher specifiedlocation): ready foruseori installalion andi int usablo ord apcrablo condilion. 2. The word "insin!l," when used in comectian with services, materinls, orequipment,: shall: moant lopulinto usc orplacein! finaly position snidservices, malerinis, or equipment complcte: and ready! fori interdeduse. 3. Tho words "perform" or' "provide," whent used in connection wilaseviesmatriaks: ars equipment, sknilr mcant tof fumish mdi insialisald services, materials, are equipment complota: andrendy fori intendeduse.  O  00700-6    4. wa  stni, Hfamg'ergoaaramat used which CONTRACTOR-mieNe  inc VOLTF or equipment in a context clearly andr maintain Ina accordance WRAVGE 77piadiepuch usedi int tho Coniract Documents! inc accordancas wilhs sucht recognized: meaning, i 5 YCNPMEPORENE  requiringr and obligation OFCONTRACTOR, "provid'isimplici. Mishavawtlaowat: technicalo ord construclion! industry or tradememningare  E. Uniesss stated ctherwise in! lhe Contract Documenis, words orphrases 2.06 Preconstruction Confrance  A. thin20d tny aiterlic  ATICIE2-PREMNARY, MATTERS 2:01 DelvaryafBonds myberepindiollmihi. 2.02. CopterDocunonts costo ofreproduction.  be NEERymiothes: amanged lo establish opialiliehl, n working underslanding Apreconsirustiens mmong 1ho partics confercneswill asto tho Work and 1o discusst thes schedules referreditol inj paragraph2.05.B, procedures farbanding Shop Drawings ahd cthersubmitils, processing Applications for Payment, and maintnining required records, if required hy OWNER. A. Unless alhenyise pasidedinthaCamtraet. Documents, all Jeast ten days beloresubmislon oftho firsi Applicalion far Paymeniac conference attentledby tondaysto make corractions and adjustments andt to complele and: resubmit tho ncceplables sclredules progress ares submitied.lo. payment shall ENGINEER. bo mado to CONTRACTOR until 1. Tho progress schedule willl he acceplablc tol ENGINEER iit fican Milcstones: and the Contrac!" Times. Workto Such complation acceplance within will: noti mny impase specl-  IAGNEEL-ECONTRACTOE  A. When CONTRACTORAasstip: executed Agreementsio OWNER,  CONTRACTORhallaiR: deliverl lo QWNER such Bonds ns CONTRACTOR 2.07 IntialAcceptanca afSchedules  A. OWNERshal-imihiot CONTRACTOR: upt lofen! Five copies ofihe for: CONTRACTOR, acceplablily to ENGINEER, ENGINEER. and olhers as appropriatewill baheldio revicw  Contrnct Documents, Additional copies willl bo fumished uponrequest at the acvordance with  as provided CONTRACTOR. below tho shalll schedules submitledin  paragraph2.05.B.  have an additional  schedules. No  2,03 Commencement ofContract? Timas; Notice IOF Proceed A. ThaContract" Timesy will commencet to: mnd ant tho firticdirisyerhe X igiven,en thec day indientedi ini iho) Notico tol Froceed, byy 5hyaet-EwPiAp imoentwil  almemalypmgrsin ofthe on ENGINEER-rspensilly for te scheduling, ar CONTRACTOR: from CONTRACTORIal, submitlais CONTRACTOR'S will be  m  Eyminuel-Fmes d igur-the-thirfieth cimerdisireisr 2.04 Starting tha Wark  ater  xici ayaferthe-dsy-ef eDairf-Agrsk  thc progress schedule. for scquencirig. progress of Work nor intarfere with or raliove responsibililyt theralan, schedulo of Shop. Drawing and Sample acceptable to ENGINEER ifit provides a workable  A. CONIRACTOR: shnlladnrttop perfarm! tho Work ont thed date when the Contruct' Times commencetonm. No Workshalll be douo att thes Sitepriorto! tho dates onwhich! tho Coniract' Timesd commenco! lorn. Beforas Starung Construchon A. CONTRACTOR' Revicy af Contracz Documents: Befare undertakingo cachp parto ofthc Work, CONTRACTOR shall careluilysludyand compamthoContract: Documenis: and checka andvetifypertinent fgunesi therain 3.01 Intent aninlla applicnbja field mensurements. CONTRACTOR: shally promptiymepor Ins srilingt tol ENGINEER anyconflict, crror, ambiguity,ord discrepancy which CONTRACTOR may discover and shall oblain a wrillen Interpretntion ar onaisnsbinding: asi ffcalled for ciarification from ENGINEER hefore proceeding with any Work affecled thereby: howrver, CONTRACTOR shall not bc linblo to OWNER or  arngeniont: far raviowing nnd processingt thot requiredsubunillals. 3. CONTRACTOR'S schedula of values ENGINEER: astat form ands substanca ifi providos arensonable will bo aeceptablo allocation la ofthe Contrac! Pricot toc component parts ofthe Work. ACICHS3-CONIRACTDOCUMENTS: INIENT.. AMENDING, REUSE  2.05  A. Tho Contmct Documenis are B. Ilis1 1he intent ofthe Contract Duuuments: fo menl that mny rensonably hai infied from the Contract servlccs, Dacumentsar mnterinls, or equip-  géallt,  lyall,  ENGINEER: for fniluret tor reporl any conflict, error, embiguily, or discrepaney complole Project (or part thervof) fo be constructed in deserlhe nccordance a functionnlly with B, Prelmmary Schediles: Within len days aller the Elfectiva Dateof fumpreralligatistumm result willl boprovidedy Iwielhere ort trade eri usaget nol asb bring requiredtop called for produce additionnl the intended  intheContract) Documents unicsy CONTRACTORI knew orrensamablyshould Conirac. Documenls, Any! Inbor. documenialion,  le cost  havol known lhercof.  the Agreement (unless otherwise specified in the Genemi Requiremenls), to OWNER. CONTRACTOR shall: suhmitto ENGINEER: fori itst timelyroview: days or dates) forsiarling md completingt tho varicus slages ofthe Wark, including any Milestones: specifiedi int the Conlract) Documents; 2, apmalimitays.hedulo oFShop Drawing and! Samplesubmittals which will list. each required suhmillal and tho limes far submitting, reviewing, and processingsuch: submilinl; and 3. a preliminary schedule of values for all of tho Work which includes qumntilesandprices ofitems whickwhent addedtogelher equnlt the Confract Prico ands suhdivides! the Worki into componentp parisi ins sufficiant delailtoscrvens thoi basis forprogress payments duringperformance ofibe Work. Siach prices willi include m approprinte amount ofoverkead: and C, Evidonce ofInnranca: 5#SHhw Tohrwihtosead Contmets. CONTRACTOR mad-OWNER: shall eachz seiabiky E Bayphmayfentigug certilicates ofinsurance fmahareriimeefinew X  specifically  atr nor  C. Clarifications: and inlerpretations afthe Contract Dovuments: shnilbe A. Standards, Spec/fcatlons, Codes, Laivr, and Ragulations I, Refrencot tos standards, specificatians, manuals, or cades ofany wholher technicals suchi sociely, areferenco organization, bos specifico or or nssocialion, orto Laws orl Regulations, timeofepuingofBis code, orl Laws or Regulntions ine effect att tho Documents, sisyiamybedlirmwias: speelficallyslatedi int the Contrat or anyinsruction Nepuindaymhamia ofa Supplier slalit ba elleclive speoification, manual orcode, responsibiliies OfOWNER, CONTRACTOR, or fo ENGINEER, change the duties or of in the Contract Documents, nor shall any such employees provision from ari instruction! forth ho effeclive to assign 1o OWNER, ENGINEER, or any of INGINEER's Consuifants, agents, ar emplayecs any duty or authority la superviso or  1, palnimgppsaiahaii indienling thet times (numbersof issuedby ENGINEER nsprovided! in Artiole9.  3.02 Refrence Slandards  dard, speciircation, manunl, weonofids), 2.  byi inplication, shallmean the sian- (oron! fhe) Elfectival Dateafthe Agreemen! ifter  prolit applicablet foc cach itemo of'Work.  theirmubeortmcton, consullants, agenls, or  thoseset arany  00700-7    direct thet pon oritke or any duty or: authority tot undertake looroat the amount or extent, ifpyy  ihet Contract) Priceor  responsiblity Maswatopovitase ofthe Contract Documents, Contract Times, or bolh, as SATUA AGEy ydVERS fumishing the  3.03 Reporting andResoiving Discrepancles A. ReperingDlacrpaneler  Sito, CONTRACTOR may mako n Claim therefor as proviledin paragraph B, Upon reasounbla written reruest, OWNER shal! fimiskz CON-  10,05.  I. I, during the perfomance of tho Work, CONTRACTOR thal TACTORMASsEAEws Imnisuponwhichfiel Waikisiobeparfamei ofrecord! legal! title: and legnl deseriplionof discoversayonfict, error, ambiguity, ardiserepantywitin the Contract as necessary for giving notice ofo or a mechanio's and OWNER'si or construction interest thercin llen Supplier, CONTRACTOR.hnll: reporli iMo ENGINEER: invriting at oncc. Ihercto thatr mayl bo required for temporary construction! fncilitios supplement to the Conimel Documents has becn fssued by onc of the 4.02 Subsurface amdPipia/Comdlimon:  Documenis orbotwaen the Contract Documenis and any provision ofa any againsis Isuchlands in: accordunca with: filing  and Regulations, orstorageof iderlify:  Law or Regulation applioable to the performance ofthe Work or ofany standard, specification, mantal ar code, or of any instruction aF.my ina mnd cmergency as dlyPyAdISA-N an: amendment or methods. indicated in paragraph 3,04; provided, howaver, lhnt CONTRACTOR: shall noi! be! liabloto OWNER or ENGINEER: forfailuro tor repdrtr nny such conllict, error, ambiguily, or discrepmncy tnless CON- TRACTOR1 kow art rensonablys should! Thave known thereof. Resolving Discrepanclas provisionsofthet  applicabloLaws  C. CONTRACTOR shall provido for ail additional Iands and access  CONTRACTOR:  shallnol proceed Iwilht tho Worka affected! fhereby(exeep! materiais and cquipmenl.  A. ReportramdDraming: The Supplementary Conditions 1. thoso reporis ofexplorations and fests afsuhsurfice conditions at or contiguous lo tho Site that ENGINEER has used in proparing the 2. lnss drawings ofphysleal conditions ind orrelatingios axisling surface or subsurlice structures at ar contiguous to the UniagumiPasli-ytatl LNGINEER: has useding B, MayapeTket Techmical Data. Authorred: containedin: suci reports and drawings, but such roparts and drawings arenol Contract Documculs, Such "lechnical dala" 'isi identificdin fhs Supplcmenlary  B.  Contraci Documenis; and Documents,  Exccpl ast may! bec cleiapamiftealyaiatdi int the Conlract Documenls, theprovisions ofthe Conlract Documenis shall takeprecedence in resolving any conlict, crrar, ambiguity. or discrepmey belwcen tho  Sits Contmct (exeept preparingihe  Contract Dacuments md: thc Conlract Documenls);or Lnw orl Regulation).  theprovisions ofnnystanlard, specificalion, manual, cade,  arinstruction (whetherornots spocificallyi nmpemtalyrihmsein CONTRACTOR mayrely upon tho gendral sccuracy oftho' "lecinical dala" b, the provisions ufn any Laws or Regulations applicableto Conditions. Excepti forsuchrellanec on such "lechnieal dal"CONTRACTOR ile perfommance ofthe Work (unles such m interpretalion ofthc mwymatrytpauiermaie: nny Claim: against OWNER, ENGINEER,oranyof  provisicns oFthe Coniract.Document: wouldrosult iry violation ofsuch ENGINEER's Consuitanis with respec! to:  3.04 A.  1. tha complclencss of such reporis md -drawings for CONTRACTORSpps including, buinot limitedto, nay aspects ofdic mcans, melitods, 1ccliniques, sequences, and! procedures ofconstruetion! lo be employed by CONTRACTOR. and: safely preczulions and 2. other data, interprelations, opinions, and information contrined insuobreparis orshownori indicated ins such drawings: or 3. BnYCONTRACTOR: Fyneleisimde Irom any" "lechnical data" or anysuch ather daln, interpretations, opinions. or 4.03 DIarmg Suhsurface arl PlyacalCondiulons A. Nolice; ICONTRACTOR helieves that anys subsurface I. isofsuch anature as torestablish thal any "(cchnical dala"on ACATACTCAN-aNur pravidedinp paragraph4.02is 2. Hdfmaamtsatbpians change int the Coniract Docu- 3. differs: mpterially fhom that shown ori indicated in the Contract 4. isc ofan unusual rature, ond differs materially from conditions ordinarilye encountered and generally recognized. asi inhcrent Lint work oflho character provided! fori intho Contract Documenis; then CONIRACTOR: shall, prompllyaRer! becoming aware thercof and1 before fuhedsaianglamhaurhaen arphysical conditions orp performing any Work in connection therowith (excep. in na emergency as required by paragrapl 6.16.A)., nalify OWNER and ENGINEER in writing aboul: such condilion. B. ENGINEER'Revloy: Alarmspdhwiltemnativ: nsrequiredby  Amending ands Supplenentng Contract Documents The Contract Documenis may! bes amendedt top provido for additions, delaiomanirwatiunsint thol Warkarlomodify theters ad conditionst thereof inc cne ort more ofthe followings wnys: ()aV Wrillen Amendmenl; ()aChange B: Ther reguirments ofdo Contract Documents may! los supplemented, and minor variations. and deviations int thel Warkr may ba authorized, byo oncor morerofihel followingy ways: ()aFiold Order: (t) ENGINEER'sapproval. afz Shopl DawingerSampleert () ENGINEERSswriteni inlarprelation ar clarifi-  incidan! therclo; ar  programs  Order: or( ()a-Work Changa Directiva.  information.  cation. 3,05 Rausao fDocuments CONTRACTOR A.  orphysical  ad any Subconfractor ar Supplier or olher condition alord contiguous totu Sifothat ist uncovercd ar rovealed: cither:  individual or eniityp performinger fumishinganyo aftha Workt underadirector indirect contract with OWNER: @) shall nol have ar aoquira any tille to or owrieahiprightsin: any oFtal Drawings, Spedifications, or ather documenis (or copies af: my titercol) prepared by or bearing the seal af ENGINEER or ENGINEER's Cansullant, includings clecironioi medize editions; and (li) shali not reuse anyofsuch! Drawings, Specifications, other documents, orc copies ihereof on uxtensions oft the Prajoct ar any ofher praject withont written consent oF OWNER and ENGINEER-and. speclfic writien verificalion or adaption by ENGINEER, This prohibition will: survive final payment, completion, and aecoplancs afthe Work, art termination are complelions ofthe Contract. Nathlug heroin: shali preclude CONTRACTOR from retainiug coples oft tho Contract ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PAXSICALCONDITIONEREPERENOEFOINTS 4,01 AallablilyofLands  materinllyi inaccurale;or monis;or Documents; ar  Documenist forr recerdpurposts.  A. OWNER. shall firmish the Site. OWNER shall nolify CONTRACTOR: shall: nat further disturb such condition orperfom: any Work CONTRACTORoFay: encumbrances orrestrictions: not afgeneral mpplication inconnection thcrewith (axcepl as nforesai) until receiptofwritten ordertodo facilities. IECONTRACTOR: and OWNER areunablaton agrea o0 cntillement paragnph 4,03.A,ENGINEER will promplly ravicw the pertinenl condition,  but specifiteallyreiated" lo use ofthe Sita wilh wiich CONTRACTOR mus! B0, complyinp performingt the Work. OWNER will oblaininati timclymanner and pay for eisements forp permanen! sirudtures of permanent changes in existing  00700-8    delimminu thu: neey TOR)OfENGINEER'.  Wrohlaining additional uxploration art tests  sall, prmplyaferhremp; condilionst PAGE  dbofge. fartherdisturbing Warii inconnectiont thereith bris-mi-ios the  VOLGE: in magwlhawpyecONTAC  findings ande conclusions, Possible! Prics and Tmer-Adjustments  (except in an emergenty ns required by paragraph 6.16.A), identify the owner ofsuch Underground Facililty andg give writtenn nolicat to that owner and to OWNER and ENGINEER, ENGINEER willy promplly reviow-lhe required UndegeunFarilly in tho Contract and delermino Documents. tho extent, ffany. los whichne changeis F Duing such fime, CONTRACTOR-shal! bas rsponsiblet for thes anfelyand proloction ofsucli Underground Facility, shnll notbos grounds foradditlonal comnensaffor. The dipoveryofiheset Additional time utililics maybe recommended by tho ENGINRER f in bis opinion, the work is unduly dolayed Forresolution oftheutliyconlict. ENGNELR Dommenis sTe cu; ti-tahdag, in tati und CONT ETOR pe cOn paragraph-10-05; eMN A. OWNER shal!  1. The Contract Prico or ihte Coniract Times, or both, will bs equilably ndjusted to thy oxtent that the cxislence of such dimering subsurface ar physieni condition causes an increase or decrenso in SEXA ofiho Work:  subjeut.however.t fotho following: sadiagapyh4ORA: and paragraphs9.08: and II.03. Contract Priceor Contract' Times IF  suchomialeamuimeta anyo ouo orr more ofthoc categorics h. withnspeclia Work that ispaidi for an a-Unit Price Basis, any adjuximent in Contrel.Price willl bos subject lot thar provisions of 2. CONTRACTOR shall: not be entilled to: any adjusiment int the CONTRACTORKsWe ofiloe existence cfsuch conditions atthetime CONTRACTOR: madoa a fihal commilment io OWNER in respeut oF Contract Price and Contract' Times! byt the submission ofa Bidd arb becoming! bound: undernn negotiatedo contract: or b. thauxistence ofsuchconditione could: reasonably havel been discovered or revcaled: ns: ai resull. of's any examination, investigation, ihol Bidding Requirements or Confracl) Documenls tob be condactedb by AMGSNTSEY such final  the-Contract ror-botir  Wekta-DadverediamgOmirit ocumel-sich-ens gttenees, An-equilablo einth-GontratPais seaitribuialirioiheet siencc-er-loent tarwarmo-bommrerorinisairier-aok orofmcvauitmafrmaemebiyinset mmayirta-Gminat: Domenis-and- o-hare-mtipaisi- FOWNER  sma ayrot ymds-imtidei-hiserésisass mevagsewrefl-ssveraivEmseais MCPOKymreNi  explomtion, iest, orstudy ofthes Sitct and contiguous areas reyuiredb by 4.05 Refrence.Ponts  commitment: ur  provide engineering surveys lo eslablisi reference  points Farconstnuction wiich in ENGINEERAjndgment: are necessaryio enable responsibla for lnying out the Work, shall proleel and presurve tho exsinblished reference! points and properly monuments, andshall makar no changes or'reloca- tions swithout tho prior written appravaldrowNER. CONTRACTOR shell  ONTONAAPO-Ee notices wilhin the CONTRACTOR to proceui wilh tho Work. CONTRACTOR shall ba  time and: ast ragpinedbypangraph- 4.03.A. 3. If OWNER and CONTRACTOR aro tmable to  enlitlement to or ont thu amoun! or axient, ffary. ofanyadjustment: ngree int tho on TepaItioENGINEER: or desiroyed or requires wheavrayrefereace) rolocation becauso point'orpraperty: momumenti isl lort Gonlract PiauarComimaTimez urh hoth, aCinim: may be: made theroforas locations, ands shalll ber rasponsibleforthor ofnevessary changes in grades ar  provided in paragraph 10.05. However, OWNER, ENGINEER, and such roference ENGINEER'S Cunsuitanls shall not! hel linblol fo CONTRACTOR for: any personnel. points property claims, cosls, losses, or damages (including butz not limitedlo: all fees: and charges ofe engineers, architecis. ntfomeys, and olher professionais and all 4.0G Hazardons Environmental court ur arhitration or alher dispute resolution cosis) sustained by  or  monuments accurale replacumen! or rolocalion of by professionally qunlified Condition ar Site  CONTRACTOR on ori ine connection May-aper-p L A. Reports and Dravings: Reference is made to the  praject. 4.04 IindegroumdFatiline:  Conditions for the idenlification of thosa reports and drawings Supplementary relating toa Hnznrdous! Environmentaf Condition Identifiedati tho Site, ifony, thnt havel been ullizedhythe! ENGINEER int the preparation aftho Contract Documents.  A. Shevnar Indicutud:" The infurmalion and dain: showns ari indicatedin or by olhers. Unless iLisc otherwise exprussly provided in the Supplementary Canditions.  B,  the Contract Ducumants wiht respart to exisling! UInderground Facilities at or CONTRACTOR mhaymmapRer Technical Data.Autliorzed: Lunligunustethus Site isbased on information and datn fmishedio OWNER or contnined ins suchreports may rely and upon the general but such accuracy ofthe "lochnical data"  NdNPlylmeehas UndegruamdFarililies, Including OWNER, Contract Ducumenis. Such "lcchnical drawings,  reports and drawings arenut data" isi identifiedint the Supplementary  Candllians:  Exup.farsuchrelameet on: such' "kechnical' d,"CONTRACTOR maynoirlyupon ors makes any Clnim againsi OWNISR, ENGINEER oranyaf 1. thc complcteness of such reporls and drawings for mdhods, techniques, sequences andr procedures of construction tobe y-w and programs incident 2, olhor datn, interpretntions, opinions and information conlained insuchreports ars showne ori indleatedinsuch drawings; or any "lechnical 3. EYCONTRACTOR: data" information. C, CONTRACTOR shali nol or  I. OWNER and ENGINEER shall nat bo responsible fur tho ENGINEERACoaulants with respectt to:  accuracy ar compicleness efanys suchi infarmation ord datn; and 2. tire cost ol'all ofthe fallowing willl bai includedi int the Contract Prioe, and CONTRACTOR: shall hava fuli responsibility! for: reviewinge and checking all such information and data, b. localing all Underground! Facilities shown ori indloatedin C. coordinntion oftho Warkwilh tho owners of such Un- derground Facilitios, including OWNER, duringo construclion, and d. astyuipaedadhlmat Underground Facilities andrepairingr any damage therela resuitingfiom (ho Work.  CATIETNEN means, Iherelo;or  butnoi limitad.to, any aspecir ofthe  the Canirnet Dacuments,  intepretntion ofor conclusion drawn from or any such olher dala, interpratations, opinions or  Environmenlafc Conditionunoovered orrevealeda! be responsible for any Inzardous indiatedin Drawings ors Specificalions ori identifiodi in1 1ho Contracl Doçu- meriktolayihintisopes oftho Wark, CONIRACTOR: shall! beresponsiblo  tho Silo whichwasz nol shown  B. Nor Shorne or) Indicated  L. EenUndeground) Facllityi ist uncovered orr myaaledatercontig: foraHazardous! Envirummental Condition crealedy wilh any materials brughtto b5sathamimt ari indicated, ornol: shown ori indicnied ycMTMeAtSX Suppliers, ar anyonoe else for whom  with roasonabic accuracy in the Coniract Documents, CONTRACTOR CONTACTORhrpaN  00700-9    * f  D. IFCONTAST cayeufersal Hazardous Envirommenlal Condition  B, AUBandsshall bain! thu  the Cuntruet Documanls 4hallheeweuidly Cerlilicates Holding Trensury.  CVOLTT or whom CONTRACTOR is responsible cxuplasprovided OlLPAGE cruatesalinzardous: Environmental Condition, CONTRACTOR: shalli immedi- mhamiumemsinlas: CLTAN Islo"Conpantes) connection with: suck condition andi inz any area affectedt thereby (excep! in: an RGtspil Cinular 570 (amendea)byt the Acceplnble Financial NEER yglypRe: 6.16)!a and( (H): notify OWNER and ENGI- Managument Service, Surely Bond Branch. us. Depariment od (he' Cpmyylaraleraatim. such motico iny writing). OWNER: shall Al Bonds: signed by: an must hor promplly consult with ENGINEER conueming the necessity for OWNER to agent'smuhorilyt to act, agent  atuly: or allorwise (i) secure  isolale such coudition; () stop ali Work: in of Authority ns Acceplahle Surelies on Federai Bonds and ns  acompanieihyae certlicdr copys ofsuch  retainag qunifiedespertt tocvalunlesuch condition or take.corective: action, if  my. E. CONTRACTORaallat be sith such condition  C. Irdo surely on any Bond lmishedt by CONTRACTOR: is deulered bankrupl orb bocomes insolven! or its right lo do business isi lerminatedina any  requiredto resume Work Inc comnection staley Whepanypuriofln! Project is locnted orlt ccases lo: meci the requiremenis  ori in: my affecled area unli! afier OWNER has oblnined ofpamgaphs.0L.B, CONTRACTOR shall within ZO thercaficr substitute  any required permils ralaled thereto and delivered lo CONTRACTOR written another Bond and: surety, bollr afwhichs shall nolice: (y: specifying that such condition and any affected aroa is orl hns been Pagpas015-misaz tions under wiich such Work may be rasumed safely. I OWNER and 5.02 LicmsedSareleramd) Insurers ofsuch Work stoppage or suchs special conditionst underwhic: Worki ist agreed purchased and mminlained by OWNER ar CONTRACTOR: by tohorcsumed! by CONTRACTOR, elleytymymisachint lherefor as from: surely or insurance companics that are duly licensed orn authorizedin! the toresumosuch Work! based ona ar reasonble! belieritist unsafe, or doesr not agres ngrce shall aiso mect such additicnal requircments and qualificntions as may ba Contrart.Times: asaresull ofdeletings suchp portion offhev Work, dien cither parly additionni insured identificd.in tho deliver to OWNER. with copios to each may makunClaim thenefora rasprovidedi inp paragraph I0,05. OWNER mayl have insuranco (and other evidence Supplementnry Canditions, certificates of G. To tha fullest estent permilled hy! Laws and Regulations, OWNER btahsshaw, uiker avidence af usuranco Conditions, certificates ofinsuranca (and  dayst with fhe requirements of  comply  rendured: snfe fori the: resumplion of Work: or (i)speaifying anyspecinl condi- CONTRACTOR cannol agree asto entitlement lo oront thto: amount or oxten!, fay.afwyedlusimstint Coniracl Pricoc ar Contract" Times, orbolh, as aresult F. Ifallerreccipt: ofsuclv written notice CONTRACTOR does not: liomtheV Work. IFOWNER: and CONIRACTOR cannot agrer ast toe enlillement to or on ths amount or extent, IFmy, ofans adjustment in Contmct Price or suche déleleiportione oftha Work perlommedlyowNER. own! forces orcthers addidonli shall indemmify.and) hold harmlcss CONTRACTOR, Subcontrautors, ENGI- additional! insured) NEER, ENGINEER's Consultants and tre afficers, directors, pariners, mpioyoes, agenls, olher consullants, ands subcontractors ofcacha and any ofthem 5.04 fromd andagainsta all chims,costs, lossus, and damages (includiag butt nol limiled toallfbes andt charges afe engincers, mchitects, atiomcys, ado athert prolessionnls mulaimgioalivarlous: Environmental Condition. provided that such Hnzardous proleclion from. claims se! forth Environmental Condition: () was nat shtown or indicated int the Drawinga ar CONTRACTOR's aooflhWaik-mmi Gi)wisnoteranted! by CONTRACTOR arbyn anyono for whohi CONTRACTOR: isrespansiblo, Nathingi int this pamgmph4,0éEahal! CONTRACTOR, any consequcnces ofthati individuni'sore entily'sewnnegiliee. H. To ths fulles! extent permitted by Laws nnd Regulations, CONTRACTOR aliall indemnify and hold harmless OWNER, ENGINEER. ENGINEER's Consultanle, and thc officers, direclors, pariners, employees, agents, oller consultants, and subcontraclors ofcach and: any afthem from md againsta allclaims, costs, losses, ande damages (including buti nol! limitedio: all fecs ad charges ofc enginecrs, architccts, altomeys, and ather prafessionnis and all court orabiiralion ard ollter dispuler resolutiono cosls) arisingo oul oforrelntingio nllazardous! Environmenttal Conditioncrenlelby CONTRACTOR orhyanyane for whom CONTRACTOR ist rasponsible, Nothingi int this paragraph 4.06.F shali obligate CONTRACTOR toi indemnifya any-individual ort entity from and againstt the consequences ofthat! individunl'sor cntily's owni mogligence. I lippoimsafpumgmphs: 4,02,4,03, ad 4,04: are no! intendedto mpplylorlinzardous! Environmental Comtirionuncovered orr revenledat tho Sitc.  A. All Bonds and insurance required the Conirac! Documents jurisdiclion int whicht the Projecli is localedtoissuc Bonds crinsurance policlus forthel limils and covamgess 501 required, Such surely andi insurance companies  shall bo oblaine tol be  providedi inp parngraph 10.05.  onsmesuch Work undersucis specinl canditions, then OWNER may ordert tha Ms-phya porlion ufiha Wark tnt isi ini ihe aren alfecledbys such condition tob be delolod 5,03 Camfealereflnsronce  A. CONTRACTOR shal!  ofinsumnce requested! by OWNER ar mny olher requested by CONTRACTOR ar any ntter WaadvAtRarphadi, purchase an maintain.  int mecordancet with Articlo7.  OWNER MHOMCPI-V shall doliver 1o CONTRACTOR, with copiss purchnse to cach and additionn! mintain.  Owcoslatyham A. CONTRACTOR:  and ali court' or arhilmtion or other disputet resolution cosls) ariaing out olor insuranca as isz approprinta! shallpurchaso fori thu Work ad maintain such linbllily will and fother Sipeciflcations or idontifiedini the Contract Docummentst tot bei includedy willint thc obligations under the performance Contract df the Work and CONTRACTOR's it isto! obligate OWNER toindemnify anyi individunl ar entity from and against to indirectly forwhose: employed! acis by any of'them to performanyofthe' Wurk,orbya anyonc  beingperformed: andns provide bolow which may: arisc aut of ur rsull frum Subcontraclor Documenls, whether bo performed ly or Supplicr, or by anyone directly ar  ollier  anyo ofthemr mayl be linble: olhor 1. similar claims uder workers' conpensation, disability henclits, and emplayeabenelit: acls; 2. claims for sickness ord disense, ord death damages because of bodily injury. accupaliunai 3, ard death dkhlay other than ofanyperson 4. cinims for  ATCONTRACTORAps Injury, sickness or diserse, CONTRACTOR'SE employces:  injuryliability domages witicht insured by reasonably availablo persona! coverage nre: sustnined: (1) by anypersant nsar resu!l, as-eH-n thoc employment ofsuch purson LyCONTRACTOR,-D.ye any alher person! for mnyalher roason; 5, clnims. for damages, other than tot tho Work itself, becauss of njuryloordasifuctiont oflangible property wherevor located, inoluding loss 6. claims for damages because of bodily injury ar doath ofany ETyng ont aFtho ownership. maintenanco or uso  ARTICLES-BONDS. ANDINSURANCE 5,01 Performanca, Payment, and Other Bonds  ofuseresullingt therafrom; and ofanymolor vahicle. B, Tho policies oft Insurance so 1. with respect ta  A. CONTRACTORIhal; fimish performance and payment Bonds, cach in m amount at least equal to thc Contrac! Prico ns security for tho faithful Contract Dapuments, Theso) Bondss shollt remaini inc effeclal Icast unlil ono yenr allert thedotevient final payment brcomes due, ekcept: ns provitetolherwise! by Lawsd or Regulationscri bythaContrac!) Documents. CONTRACTORshail. also fumishs such other) Bonds nsaroreguiredbylho Contract Documenis,  performnnce and payment of all CONTRACTOR's obligations under tho purchasedand maintaineds shall: required by this.paragraph 5.041 lol be  through 5.04.A.6 Inclusive, insurance include required by paragraphs 5,04.A.3 customary excjusioni inr respect ofp profissional lability)OWNER: ENGI- NEER, ENGINEER's Consuilants, and mny other individunis or cnlities idenlilied int the Suppiementary Conditions, all ofwhom shall be lisled-as  us addilionai insureds (subject to any  00700-10    additional insureds apd inglude coveraga for 1hc respective officers, directors, puOlplT agenis, and other consuliants and ubconfractors ofe cacl and: any af: ail such ndditional insureds, and tho insurance afforded to thteso additional insurede shall provide primary coveragoforalic claimso coveredthercby; 2. includer atIcast thes specificc covernges andbes writtenf fornotl Iess than 1hg limits oft liahility provided in the Supplemenlary Conditions or required! byLawso orl Regulations, whicheverisgreater; 3. include compleledoperations! insurance: 4. include coniraclunl linbilily insurance covering CONIRACTORXInimay abligations underpamgraphs 6,07,6.11,and 5. containp a1 provision ore endorsement tit lru coverage affarded will notl becancoled, materiuilys changed or: renewei refusedt until al! least  whpalipa) WarkbyOWNER: Includetestlngamis startup; and 7. be mnintained in affect until final payment is made unless alherwiso agreedt toi in wriling! by OWNER, CONTRACTOR. and ENGI- NEERS with30d dayswritlenr nolice! los Each olher ndditionali insured! los whom  PAGE 715  acertiffcate ofinsuranco! hast beeni issued, uppiementary idition sis  purchaset a mminiain teirboiler oper md Reguiations SONHLACTOR, Subconir cmomriartismed: aimedors ailitionalinted  6.20;  C. All the policies ofinsurance (and 1ho certificntes or olher avidencu oller ndditional insuredi 101 whom: acertificate ofinsurance hast been issuedand will contains waivert provisionsi ins accordanco withg pargmph: 5,07. D. OWNERshalimotbe: responsiblo forpurchasingand: mainlaining: any properly insurance speclfied in! this paragraph 5.061 lo praicct lhe inlerests of CONTRACTOR, Subcontmactors, or others in the Work tot tho oxtun. ofmny  thiny days prior written nolice Ins heen given to OWNER and thereo)mruiredto! hoy purchnsads andi maintnited ins accordances with paragraph CONTRACTOR and fo each other additionnl insured identificd in1 1he 5.06willc containap provisjon ord endorsement that thnc coverage: afforded will not Suppilemonlary Conditiona fo whom a certificnte ofi insurnce has been becumeliiormutrialye clanged or: renewal refusedt until: all Icast: 30 days prior issued (endt thec certifientes ofinsurance! mishedlyt 1he CONTRACTOR wrltton nolice has been givent to OWNER: and CONTRACTOR: und to cach  pursuanl top pargraph! 5.031 wills so provide): 6, remaini in elfect at least tntil finnl pnyment and at all times thereallerwhen CONTRACTORT may boc corecting, removing, orrplacing defective Work inp accordances withr peragraph 13.07;and  7. with nspeci to completed operations insuranco, and any deducliblen empunislatapitemliaint the! Supplemenlary Condilions. Therisk insirneee coveragewritlen ann at claims-madol basis, remain inc effecl forat of loss wilhin such identified deductibla amoun! will be bome by CON- Icast't tsvo years after final paymeni (and CONTRACTOR: shall fumish TRACTORSabominuas, crehsmifering-mysthl loss, andi lifmnyofthem OWNER: end leacholher: additional insured identifiedint tho Suppiemenlary wiahsprogeryhauransa: coveraga within! (hal limits ofsuch: amounts, anch may Conditions, fov whom a cerlificate ofinsurncel has beeni issuer, evidence purchnse andi maintain itatt thep purchaser's own cxpensc.  fiahxiayloOWNER: ande anys such addilional insured ofc continuntion of suchi insurance ati final payment: and one: yeart therealler). 5,05 OWNER'sIiabillty! Insurance  E. FCONTRACTORmpais: ins wriling! ltaic olher special insumncebo included in lho properly insuranca policies provided undar parngrph 5:06, OWNER.shall, ifpossibic, includes suchi insuranco, andi thet cosi1 thercofwillhe charged fo CONTRACTOR by appropriate Change Order ar Writlen  A. In addilion to the insuranco required to be pravided by Amendment. Priorto commmcemenl ofthe Work aithe Site, OWNER: shalli in CONTRACTOR: nder pargraph 5,04, OWNER, nt OWNER'soplion, may writing: advise CONTRACTOR whctherort nol such ather insumncel las! been  punehaseandmaintains atOWNER'axpense! OWNER's own lablityi insurance procuredhyo OWNER, aswillp protect OWNER againstc claims whichr maya arise frome operations under  thc Coniract Documents. 5,06 Propersy-Inaurance  5.07 WaiverofRights  A. OWNER and CONTRACTOR intend thnl all policios purchosedin nccordance with paragraph 5,06 will protect OWNER, CONTRACTOR, policies andv willp provide! primmrycoverage foral!! losses and damages untused! by tha perils or causcs of lass covured thereby. All suich polinies shall contnin  A lhiahmiaposiadate. Supplementary Conditlons, CNER Subconiractors, ENGINEER; ENGINEER's Consullants, and all other CONTRACTORehall, purclnsea andn maintaing properlyi insurancat upon! the Work individualso or entiticsi identificdini the! Supplementary Conditions tob bel listed: las ati the Sito int ther mmount ofihe full replacement cost lhercof (subject 10: such insuredsort additional insureds (andi tho ofticers, dircctors, partnurs, emplayees. deductible amounts as may't be pravided int tho Suppiomeatary Conditions or agenls, ando othercomsullanls: ands subconimelors ofeacht and anys oft them)i ins such 1. include the interests of OWNER, CONTRACTOR, provisions to1 tho effect that int thet ovent ofpaynent afany! loss or damaget the Suhcontraclors, ENGINEER, ENGINEER's Consultnnis, nnd any oller insurest Willhaver nor rightso dfrmcovey-aginslany. ofthei Insureds ors additional individudis ar enlitios identified int tho Supplementary! Conditions, andt the insurods theraunder. OWNER: and CONTRACTOR synive: all rights against officers, directon, partners, employces, agents, and other consultants and cach olher and their respeclivo alicurs, direciorn, partners, employees. agenls, subcontractors ofeachz and: my ofthom, cacho afwhomi is deemed tol lnve an and oller consuilants ands subcontractors ofeach and: any ofdren foralll losses 2, bewrillenona Builder's Risk* "all-risk" ord open peril ors special blat tot the Wark: and, in: additlon, waives alls suchi righis against Subcaniractots. causcs oflosspolicy! fomm Cat shali atl lcasti includoi insurance forp physical ENGINEER, ENGINEER's Consullants, md: all other findividuals or cntities Ioss-ord damagatotha Work,t temporaryb buildings, falset work, and: materials idenlificdintho! SuplemsiayCmimstb: bel listed as insureds or addltional mieppmsinimmsikmis shall insuren against atl least thef follawingperils insurads (and tho officers, directors, pariners, employees, agents, and other ord causes afloss: fire.lighlning, exiendedc coverage. thall, vandalism and consullanlsnnd: subconiractorst ofeach andr aoyofihem) unders stch policiesfor malicious mischief, earthqunke, coliapse, debris removal, demolition losscs and damagess so caused. None oftha above waivers shall axtend 1o1 1he aocasioned! by enforcement ofLaws: andl Regulalions, Waler damage, and tightstheimmyperiyn mnkings such waiver mnyl hnvel tot the proceeds ofinsurance such olher parils ors causes ofloss: ast may! be speuifically required byt the heldby OWNER as truslcnd ard oiherwisep payablas under anyi policys so.issued. 3, includa expenses incurred in! fhor repair or replacement of any ENGINEER, ENGINEER's Consullanls, andt tho officers, directors, pariners, insurdproperty (includingh butnot! limitedt tof fces ando charges ofe engineers emplayees, agents, and other consultants ands suhconlmclars ofcach nnd: of  nepundb bylaws and Regulalions). This insurancos shall:  insurablo intcreste ands shhll bel listed asa an: additionnl insured;  and damages caused by, arising out ofu ur resulling from any oft tho perils or causes dfiswpamdlymbpalais: and anyo other propertyi insurance applica-  SuplammlayCemailens, andz archilecis),  B. OWNERahvsalrig.hts, against CONTRACTOR, Subgontrautors,  them for:  anyo  4. caver materinls and equipments storedatt tho! Sito ora at: another localion that wns agreed fo in wilting by OWNER prior to being incororledinthey Wark, providedi thats sucl materinist ande equipmenthave -boeni imalutadinmAppliatimf for Paymenl recommendedbyl ENGINEER;  1. loss due to business interruption, loss af use, ar olher consequentinl loss exlending bayond direct physical Ioss ar damage to oWNEPlspopatyerlay Workc rausedly,arisingo outaf orresullingfom finscroiherpeil whelhero ar noti insuredb by OWNERand  00700-11    2.  fhyeompleted! Project or partthtreofcatsed ENGINEER: in the design ors spediligation  cans, mellod, Tech- Gorindlentedint and  hy.arisingcule OLE direoro other instredperil arcause ofloss niquas sequenca, crprocedurac dcPAG  covuredb byany propertyi insurancor maintninedo on thoc completed Projeclo or oxpressly required byt the Conlmaci. Documants. CONIRACTOR shall he part-thervofby OWNER duringpartalt utilizalion pursunn! fo! paragrapl msponsibietoscet thatl thec compleled Worko compilesaccuratelyy ywiththo.Conlract C. Any insuronce policy mnintained! by OWNER covering any loss. assign a competen! residents suporintendent prograss therato who shall not bat replaced damago or cprsequential loss roferred toi in paragraph: 5.07.B: shall contain Mwilipufwriltmimotioaiot OWNER: and! ENGINEER excaptt underoxtraardinaty provisionstotho-ie!: thatinihes event ofpayment ofmysuchl los, damage, ar circumslances. Thes superintendent willl ba CONTRACTOI- consoquenlial loss, the insurers will hvs no. righls of recavery agains! the Site: and shall have authority ta ncl on hchulf of CONTRACTOR All CONTRACTOR, Subcontractors, ENGINEER, ar ENGINEER's Consultants lpasbensin. from! Lhosuperiniendents shall bet bindingon  14.05. afler! Sulatantial/Completion; pursuan! top paragraphi 14.04.orn after Documents.  final payment pursuant top paragraph 14.07.  B. Atallt timest during! the  oftho' Work, CONTRACTOR: shall  andthoollicers,t diectom,pariners, employees, agents, ando clhero consullanis and CONTRACTOR,  suboontraclors ofcach ando anyafthem. 5,08 Paptem4ArpleatlonehnumransaPoand  6,02 Labor; Workang. Hours  A. CNTACOAAPME. suitably gualileipersorne B. Buyiachwbarguined, fort thes snfety ar prolection afporsons or the perfommance of Work on Salurday, Sunday, or any legal! holiday without OWNERswrillee consenl (Which will: nol bot umreasouablywilici): givun afler A. Unless allorwisc specified in tho Gencral Requiremmnts, femporary facilitics, and: all olhor fncilities: and incidentais necessary forthe performance, testing. starl-up, and complelion ofthe Work. B. All materials andt equipmenli incorporatedinto Gno Work shallhoas  A. Ayhmibsurtepalie. ofinsurance requiredb byparagraph los survoy,Tay oul, and construct tho Work asr required.by! le Conirnet Docti- SO6wilberjutivilx OWNER: andn madepayablet to OWNER asi fiduciny meals, CONTRACTORSIml!: ato all times maintain good disciplins and orderal wilh such agreement ast thej partics Ini interest may reack. Ifnot other special thc Work ar properly at the Sito or-adjacentt thereto, ande except as olhcrwise agreement isi renched, fhe damaged Works shal! bo repaired art replaced, thc statedintheCotratt) Doctiments, nli Worka atthe Sitos shnlil Ino perfomed during monays so recaived mpplicd on: account thoreof, and the Work md tho cost regularworkingln hours, and CONTRACTOR will-nol permit overlima work or  torthpinsureis,; astheiri inlcresis: maya appear, subjcctiot thos reqguirmetsofany tte Sito, applivblomarigaget clause: and ofpargraphs 5.08.B, OWNERS shnll depositi in asoparalo nccount any: moneysor rocejved ands shall distribuls! Kina accordance hereofcovenedbys ant appropriate Change Ordarc or Writlen Amendment. withl thei insurersunless oneofte partics ini interests shunll object inv writingwithin ahjectioribemae. OWNER: as! liduciaryshall: makos selflement wifht tei insurers ina accordanca with sucha agreement ns thoy particsi ini interest may reach. IFuo  B: OWNER asi fiduciarys shnlll haver power to: adjust and selllc any loss prior writtennolico tol ENGINEER, 15dayst afferthed occuence oflosst to OWNER's exercisc oFihisp power.. Ifsuch 6,03 Sarvices, Materials, andi Eguipment  sucliz mpreement among! the parties! ininterasti isrenched, OWNER ns! fiduciary CONTRACTOR: shnll provide and: assume Rull responsibility! for alls serviccs, sialiadjutanisalletiol Ioss wilh thoi insurers and, ifrequired Inwritingbyany materinls, equipment, Inbor, iransporintion, construction equipment and machin- party in interest. OWNER as fiducitry sinli giva band for hhe proper ery.toois, applimers, fuel,power, light, heat, tnlopltone, wnler, sanitary Fncilities, A. Ifcither OWNER ar CONTRACTOR has any ohjcction to the specified or, ifnot specified, shnll he of gond quality and new, oxecp! as covuragvafforded! by urd uthorprovisions oftho! Bonds ori insturanpereuiredto uherwisepruviiedi inthe Confracl Documents. All-warranties: and guarantees lopumhaseda and: mainininedbyl thed other partyina cecordanco wilh ArticleSon padliellyaliedlorlythaSperifeation: shall expresslyr run! foihel benelitaf Hahaofmacmtmane willt lhet Contrac! Ducumenis, the objectingparly OWNER. IF required by ENGINEER, CONTRACTOR shoil funish shall so1 matify the ather parly in writing within 1O days after receipt DFile satifhrteryevidence Gmaindngrgutachep.in tesls) astot the: source, kind, certificates (or other evidence requesled) required by paragraph 2.05.C. ando qualilyofmaterials. andt equipment. Allr malerlals ande equipments shnilhe OWNER and' CONTRACTOR: shalle gach providotoi thec othersurh: additional stored, applied, installed, connected, crecte., protected, used, cleaned, and y5 as thec otherm may rensamablyrequest. comallometheronimset withi instructions ufthor mpplicablo Supplier, axceptns I'c cither parly docs not purchase or maintain ail oft tho Bonds adi insuranco olherwiso: maybeprovidedint the Contmct. Documonis. required ol'suchy parly! byi tho Contract Documents, suchy parlyshall: nollfyt the ather partyi inv writingo ofsuch fatluret top purchase prior tot thos starl oftho Work, 6,04 ProgreSchadule or ul's such Iiluro to: mintni-prior far mny change int the required coverage. Without prajudice lor any other right ar remedy, thec other parly may clect lo expense ofthep party who svasr requiredi loj provides such coverage, ando a Ohange providedbclow. Ordersinill bai issuedton ndjust the Contract Price: accordingly. 5.10 Partal tlization,/ MasiedPepyhawe *. FFOWNER! findsilnecessaryt to obcupy or use aportion orp portions df lhe Work! prior to Sulstantial Complotion ofallt the Work asprovidedi linp para- grapl 14.05, no such use or occupancy shail commetco bofre the insurers pmovlitinginepteputyh insurance pursuan! fop paragraph 5.065 havot acknowiedged notice thorcof and In writing cffected mny clianges in coverago necessitated therchy." Thoinsurers provitingtho properlyi insuranca: shall conseni by: endorse- menL on1 ilep policy erpolicies, bult hepropertyi insurances shalit not boc cancoled arpermlited tolapsed onr account cfanysuchpartialt uset ar aocupancy. ARTICLE6-CONTRACTORS RESPONSIBILITIES 6,01 Supervision and Saperntendence  perfummancofsuch duties,  5.09 MereptanceofHomis sandInsarance; Optlon tol Replace  A. CONTRACTOR: shall adheret tb! thoy progress schedulo estahlisbedin 1. CONTRACTOR: shalls submiliol ENGINEER! For acccplance (lo ticoxtenti indicateding pargraph:2.07); proposed: adjusiments! Int iep progress schedalothnty wilnotrsulino changing! the ContractTimes (ar Mileslones). Such: adjusiments willt conform generallyto tha progress schedulot then in cffect: ad: addidionallys wille comply with anyprovislons oftho Geacral Ro- 2, Propased adjustmenlsi inl lhej progress schedulat that willo clnnge lhe Confract' Times (or Milestones) shall bos submilledi ina accordancet wilh ther requirements of Arlicle 12. Such adjustments may onlybomadsby: ChangeOrderor' Written Amendment: in accordanca with Arlicia 12. A. Whensver: ani iteme ofmaterial orequipmenti iss specified ard described inthoContract Documents byusingthon mmeofay propriclaryi item orfenams afaparticuler Supplier, thos specificntion ordescription! isi intendedfot establish  ohlaine equivalent Bonds ori insurance top protecis such clherpartysinteresis: att the nocordance with paragraph: 2,07 ns h: may! bo: ndjusted from time fot fime ts  quirements applicnblet therelo.  6,05 Substlutes and' "Or-Equals"  A. CONTRACTOR shn!! supervise, inspect, and. direct the Work thntype,finction, ppenrancé, and qualityrequired, Unlesst tho speclficalion or competenlly and: eiciently. devolingsuch: cttentiont therelon und: mpplyingsuch descriplion contains or isfollowed bys woris reading! thal nol likn, equivalent, or kilsandexpertisst asmmybenerssaryl top perfar the Workina accoriancey wilh "or-equa!" itom or no substitution is permitted, other items of'materin! or the Confrnc! Documents, CONTRACTOR: shall bes soleiyraspansible! fori tho equipmenl or materiai or equipment of olher Suppliers mayl hes submittedfo moans, methods, techniques, sequences, and procedures of canstruction, but ENGINEEROrraview under thet circumstances deseribedbelow.  CONTRACTOR shall mol ba responsible for thot nogligence of OWNER or.  00700-12    I.  henyfinl ENGINEER'ssls discralion ani item gmplsGns.AmmlGnsE. ENGINERR,  thesiwige for mn' writing any negative  ofmaterial oi -llyCONTRACTOR: isf finclionnlly equal No "ar-equal" ar substilute HAGEZ Asia ar ofneceptnbilitly. utilized until tothatn named: ands sullicienllysimilar. soi that: no change inrolated Work will ENGINEERamviowi is completn, whichs willl be ewidenedby-iloral Change wiicho casor revicwa and: approvnloft tho proporedi itont may, inl ENGINEER's ENGINEER will advisa CONTRACTOR Shop. in Drawing of "or dqual."  borequired, ilmay! be considered byl ENGINEER: as an" "or-equal" fiem, in Order for a substituto ar an appraved solédiscrelion, bas accomplished wilhont complianca withs soma or all ofthe detemmination. requirements! farapprovnl ofproposeds substitufo items, Far the puposes of this paragraph 6.5-A.1.apmposed; item ofn material orequipment will be considered functionally equali to: ani item 801 namedin in tho exerciso of rensonable judgmen! ENGINEER determines thnt: G)it is at least equnl in qunlity, durability. conceplofiho mpedhpstaaiaslaihs whole, and;  D. Special Guarantea: OWNER surelys willi respeci tor any substitulo.  FmihaCONTRACTORA oxpensanspecial; may performanco mequire CONTRACTOR guarnniee or other 10 E. ENGINEER'SCost! Rembrsement: ENGINEER will record timo 6,05.B: and inr making changesi int tho Contract Dacuments (orint thet provisions  appearance, strengih, nnd design characteristics; (i)itwill relinbly mgpirdlyENGINEER: and ENGINEER's Consullanisi inc evaluntings substtute perform at Icast unlly well the funclion imposed by ihe design proposedors saimabyCoNIRACTOR: pursuantloy paragraphs 6.05.A.2 and CONTRACTOR certifies! (hat: () thers isnoi increasei in thereby: Whelherornot) ENGINEER: mpproyesasubatitutoi ilems sop casttoiheOWNER; and()itwille canforms subsiantially.cven: with suhmitledhy CONTRACTOR, CONTRACTOR shnll reimburso OWNERI proposed for or deviations, to the delailed requirements of the item named in the thocharges OFENGINEER AINOINERACmilmis for  ofany olher direci contrnct with OWNER for such proposeds substilute. uapense.  occasfoned evnluntingeach  b, Contract Documents. 2. Subatihute.ltens proposeds substite item,  work onthol Project)  F. COMTRACTORHPypens: CONTRACTOR shallprovide all data  Ifinl ENGINEER'ssole discretion ani item ofmatoriald or in suppor. of any proposed subslitule or "or-equa!" al CONTRACTOR's b, CONTRACTOR shal! submit suflicien! informalion as ather A. individunl CONTRACTOR ar entity shall nol employ any Subconlraulor. Supplior, or pravidai! below to: allow ENGINEER to determine that the item of in paragraph 6.06.B), whelher (including: Initially those acceplablaio a OWNER nsi indicnted mptcrialo orequipment proposediss essnlillyeguivaleat lot that named int CONTRACTOR: or as neplacement, sinllnot aypinst ber whour subalilute items ofi mnaterial ar cyuipment will na! be accepted hy ur perform any ofthe Work Supplfer. whom or CONTRACTOR ord entityto fimisht furth in paragraph 6.05.A.2.d, ns supplemeuted in the General Subcontractors, Suppliers, or other indlvidunls require or enlilies identity lo be submilted of certain d. CONTRACTOR shall first make written applicntion to tsafhgemuamwalide: (either in writing or Suppiementary lo wrillen Conditions, OWNER'smaplasee eruipment thnt CONTRACTOR sucks to fumish ur use. The Documents) ofmnyaichSutpontrmater. acceplance or objectioni int thel Bidding Documents ort the Contract appleations anlloertlfy that the propased: substltute ilam willy perfom: identificd may bo rovoked on the bnsis Suppller. of nasonnble or other individun! ory entilyso adequntely the finclions and achieva tho results called for by the invesligation. CONTRACTOR: shall submit an: gmldesign, hes similari th substanceto! thntspecified, and ba: suited rjadedSubreatracto:, Supplier, or otheri individunl acceplabler tothos same usan nst thats spucified. The application wills statethe axtent, Price will bo adjusted by (ho diference in tha or 'cost untity, accasioned and the Conthnet ffany.to whicht the usa.ofihoy proposeisubstitutei item will prejudicc replacement, and an approprinte Change Order will be CONTRACTOR's: achiavement ofSubstantal Complelion on time. Amondment sigued., No acceptance by OWNER such issued Subcontractor. or Written whethrert not use ofdvp proposeds Isulstitute itemi ini tho Work wili re. Supplier. ordheri individial orentily, whaller initially ofany ar  equipnent. praposed by CONTRACTOR dues not qunliry as an  "or-equal" item under parngraph 6.05.A.I, it will be considered a 6.06 Cmerahg-ahcomhudier:  Supphers, and Others  andana galiamihalnielsikar. Requesis for reviow afproposed toc employ any Subconlractor,  ather individunj  reuired hns reasonable  ENGINEER fram anyona oliter than CONTRACTOR,  objection.  against  The procedure forruviewt by ENGINEER will bor assct  B. Ir the Supplemeninry Conditions  the  Requirements: andnsENGINEER: may decidei isa approprialeunderthe OWNERI inadynnca for ENGINEER forrevicw ofa! proposeds substitutei item ofmiterial or indicafedfor  to  circumstances.  acceptanço byOwNER byaspecified dato,priortol thu  Elecliva Date oftho Agreement, and iFCONTRACTOR: has submitfedal list  -  by failing make  abjection 1herclo by the date uljection repincemen! afler due fort thu by such shall torject dofautive  quimachangeinanys ofll lhe Contrnet Documents (ori int thoy provisions constitute as waiver ofanyo ulher direct contract with OWNERfor work on! lIho Praject)to Work. adapt the design lot tho proposed substitute item and whether ornot incorporalionoruset aftheproposeds substitutoi itemi inc connectiony will  orl ENGINEER asareplacement,  ofamyrigtOfowNER.  C. CONTRACTOR shall be  the Work is: subjert to payment ofanyl license fec or royally. All ENGINEER for all acis and omissions fully ofi the! respansible to OWNER and variations ofther propured: suhstitute item fromt thnts specifledwilbe other individuals or enlities performing or Subcontractors, Suppliers. and identilied in the applicntion, pnd availahle engineering. anles, CONTACTORbrgemia for CONTRACTOR' fumishing own any aftho and Work.just: omissions. as nuintenance, repair. and replneameniservicest willl bei indicated. Tho Nothing in the Coniract Documents. shall creato for the benefit nels of any includingcostso afredesign: and claimso afother contractors aflectedhy individualc ore enlity, nor shali ilcrento andanysuchs any obligation ont the part Supplier or other incvrlunting tho proposed: substitutei item. ENGINEER may, require Subcontrctor, Supplier,aratheri individna! payment any moneys dus any such mthod; lechnique, sequence, orproceduru afconstruction! ias shown ori indicnted coordinnting entitics performing the Work ar ofSubconiractors, Suppllers, and ollerindividunls or ins and expressly required. by the Contract Documenls, CONTRACTOR: may conirac! with CONTRACTOR. fimishing any ofthe Work under a dlrect ori indircct  agplietionwilla aisocontaizant itemized estimate ofall costs ord credits Subcontractar," Supplier,oratheri individualo ar thatwill resultc dircetly ori indirectly. fiam use ofsuchs suhstitute itein, between OWNER ur ENGINEER: anynsultiug change, all ofyhichs willl be consideredby! ENGINEER ENGINEER'to pay or fo sea fo tho CONTRACTOR 1o fumish additional data about tho proposed raquiredlylawaand!  contraclual: sucl relationship OfOWNER ar  entitys Subcanimetor, any of cre etilye oxcep!: as mayalherwise! he  suhstitute item.  Regulations,  Subsahite Consinuctonkethode ar Procedires: Ifaspecifig means, Fmiherifloasiasinie: menns, melhad, teclmique, sequence, or procedure of consiruction appraved by ENGINEER, CONTRACTOR shall aubmit sulicien Linfomationion allow ENGINEER. in INGINEER'ssole discrction, lo bythe Contracl Documents. Thap procedare. forraview! hy ENGINBER will! be similartot thalp provided ins subparagmph6.05.A2  D. CONTRACTOR shall be solely responsible for scheduling and  E.  CONIRACTORaahgis: all Subconlraclors, Suppliers, and such F. Thedivisions ands sections oftho Specilicntions and tho identifications  delermine fhat thesubstilulo proposed is equivalent tot thal expressly calledi for Y nicnle with ENGINEERI C. Engineer'sEvalation: ENGINEER willl bar allowedareasonabie yDawbgraaimimiat Subcontractors ar  CONTRACTOR any ofthe Worktoc commu- CONTRACTOR: in dividingthe Wark among  through  limewilhiny whicilorvalunte each proposal ors submittai madop pursunnt lopar- speoifint Irade, Suppliers ar dolincaling fho Work toi bo performed by: any  00700-13    *'  G. All Wevot ONTRACTOR by a Subcontraclor or 6.10 Taxes Splrulpmahavan, pau hto agreementt between CONTRACTOR andlhes Subconiractor ors Supplierwhichs specifioallybist the Subcontractar or Supplierlot the: applicablet terms ando conditions ofthe Contrac! Documenisi for lrhenfitefowAER-m.l ENGINEER. Whenever anys such agnementi iswith bssrgimiiolapaiibyc Rogulations of ths. place of thu Subcontmautarers Supplicrwhois! listed as ann nditionnl insured ont they property performanceofthel Work, instirncay providedi inj paragraph: 5.06.1 thor ngreement betieent the CONTRAC- TOR and lhe Subcontractor cr Supplier will confain provisions whercby the 6.11 UseofSite and OtherArear Subcomtractorors Stpplierwaivesall: rightsngains! OWNER, CONTRACTOR, ENGINEER, ENGINEERXComaulmb, anda all alher individuals or entitics idemtificdinthes Supplemenlary Conditions! lobel listed: asi insureds or additional insureds (and the officers, direclors, pariners, employees, agents, and other consullanls md subcontractors of cach and any of them) for all losscs and damsgs-musdly, arisingoulo af,relalingto, arresillingfrom anyo aftep perils or causes ofl loss covered by such policies and any olher properly insurance applicnbleiol thte Work. Ifthei insurers ont any: such policios require separala waiverf forms to bes signedbymys Subcontractare or Supplior, CONTRACTOR A, CONTRACTOR: shali pay all lioonse! fecs androyallies and: nssumo allradsincident tot thet uisai inthep performanceafthe Worko ort thei incorporation in tho Work ofanyi invention, design, process. product, ord devicos whichi isthe suhject al'patentr rights.c ors copyrighis! leld by ollers. Ifap partivular invention. desiguprocess, product., ord devicei iss specifiedintie Contract Documents fori usc ini thei performancet oftha Work: and ifto thes am-fiamawiatpafoWAER, or ENGINEER: ils use Iss subject fo paten! rights ar copyrighls calling for die paymentofanyliensei fee-orroyallytoc others, the existenced afsuchr rightss shall bo disclosed hy OWNER Int the Contract Documents, To the fillest extent pemitledbyLaws: and Regulalions, CONTRACTOR: shall indemnify: andhold Immless OWNER, ENGINEER, ENGINEER's Consultants, andt thec oflicers. directors, pariners, employeas or agents, nnde ohero consultanis ofcach: anda any ofdem! fromz mde againsta allo claims, cosis, Iosses, ando damages( (including! mtt not limited 1o all fecs and charges of engineers, architects, otlomeys, and othtor taidmgyaada orc olherd disputor resolutione costs)n arising aatephtybayi ofpatent rightso or copyrightst incidentfot the use in thep pérlormance oftlic Wark ort resulting from thoi incotporalion fn1 1he  PAGE 718 CONTRACTOR! pay ailsales, corsumer, tse. ando lothersimilar which ins accordance srithi thelaws ani Praject ane mpplicable during the  A. CONTRACTOR: shlly  A. Lmitation on UseofSiled and OtherAreas 1. CONTRACTOR and olher arons alher performmce ofthe' Work,  consiruction and  Eeratige4, shall andu confine tho operations ofworkorst equipment, to The Sile die unrensonably cncumber permitted tho by Laws Reguintions, and shall not cqupmatero materials arequipment. CONTRACTORHaI. assume Fulr rspansibillyfor: anye damagot tor anys such land crarcn,ortot the awner or oocupant thereof, ord ofany adjacent-land or areas resulling from thc becatise 2. Should any claim ofthe he made by. any such awnor or occupant sellewithsucholiee; ofthope:formance partyl by: Work. aro CONTRACTORS shallp promptly arbitration ord olher disputeresolution; mogoliation proceeding olherwisarsolvet ora atl law. tho claimb by 3. To to fullest CONTRACTOR slal! indemnily exten! permilted by Laws and Regulations, ENGINEER, INGNEE:Cemibmine. and hold ollicers, hprmless OWNER. employces, agents, and olher against all claims, costs, losses, consullanis and damages ofoacitz andany but ofthem not limitedtu from and all fecs and charges of prolessionais: and all courl ar: engineers. arbitratioor dtherdispuler atlomeys, and olher arisingout ofarr relalingto any.claim ora byanysucho ownero oroccupant: agminsOWNER, action, legalor ENGINEER, equitnble, brought party indemnified lorcunder 1o lhe osicnt caused or based ara anynlher COMTIACTOIapaeTaN Work, from cccumulationst ofv waste mafcrinis, rubbish, and olherdebris, Removal ahd disposal ofs such waste materiuls, rubbish, and oller dcbris shall confom fa C, Cleaning: Prior to Substantin! Completion of the Work  Site and olher areas will construclion  willo oblainthes same. 6.07 Patent! Fees and. Royaitias  directors, partnens, rasoluttoncasts) by upon othera arcas! Irce  architecis, (inoluding!  B. Ramoval applicable Laws andl Reguiations.  Work ofa anyi invention, dosign. process, product, ordevicor nolsgecifiedinl lhe progress ofthe Work fDebriDurng CONTRACTOR: Parjormance oftha Sitc ando Wark: Duting! the  Contract Documants. 6:08 Pemuts  shallk keept tho  A. Unless otherwisa pravided in the Supplementary Condilions,  CONTRACTORshalle obtaina adpayfor: all costructionpemis: and licenses. CONTRACTOR shall clemn the and mnke pemitsa andl licenses, CONTRACTOR: shally pay all govemmental charges and tha-Sitoalltocls, applinces, construction atthetime ofopetingof Bids,or.ifurere: arer no! Bids, ant thel Kffectivel Date of alterationb bytho Conlract Documents,  OWNER shall assist CONTRACTOR, when necessary, in oblnining such OWNER. Atthec completlanc ofthe Sito Work CONTRACTOR it ready shall far utilizalion by inspection fees neccssury fort thet prosccution aftle Work whicha ares applienble materials ands shallr restore looriginal condition equipment ally properlyr machinery, nol andsurplus for  and  removol fram designated  lhe Agreement. CONTRACTOR: sliall pay: all charges ofutilily owmers. for conneations tot the Wark, and OWNER sinlly pay: all chargas afs suci utility ownersfort capilal castsr related thoralo, such: asplant investmen! fees. Regultionsa applicabletothey performanca ofihel Work. Except whered atherwiso expressly required by applicablol Lawsn and Regulations, noither OWNER nor  D, LoadingSiructure:, CONTRACTOR: shall: noi londr puniefanysinctumptobe! Iondedin anymannerthat" will endangeri nor fhestuclure, permit any norshalle CONTRACTOR: subject any pari afihc Worko ora adjacent propertylo stresses ar pressurest thal will endangeril. A. CONTRACTOR: shall maintain Ina asafor n!t thes Silc onor recard Orders, Work Change! Directives, FicldOrdars, md written inlerprolaliuns: Change and clarifications in 'good order and molated lo show changey made during  6,09 Latys and Ragulattons  A. CONTRACTORsia.l, givea alr nolices and complys witht alll Laws and 6.12 RecordDocumont:  ENGINEERS shnll! bon responsiblel forr OAlaiAECONTRACTORM: compianco copyofalll Drawings, Spectjcalions, Addenda, Wrillen. placer Amendments, ICONTRACTORg-tam: any Wark kmumigerhawingrmtsoat to construction. Theser record documents logethery with ala approved Samples, and kapviatiliseartmylol Lnwa ar! Reguintions, CONTRACTOR: shall bear all ac counterparl ofaild approveds Shopl Drawings willl hez availablelol ENGINEER claims, cosis, losses, and damages (including! but noi limiled to: nil foes and forrelerencs. Upon completion ofihe Work, lhoser record documents, chargeso afemginee.amaluitei; attorneys, and allter pmfossionnls: and allo court md Shop Drawings will boc delivered tol ENGINEERI for Work; howover, it shail not ba CONTRACTOR's primary responsibility to 6.13 SgélyandProtecnos  witha ay Laws orRegulations, B.  Samples, OWNER.  orarbilration or alherdisputor resolutions costs)arisingo out ofort rcatingtos such makaretainthtthe: Spocilications andI Drawings: arei ina accordnnca witlLaws and Regulations, but this shnil noL rolieve CONTRACTOR of CONTRACTOR-alipiesumhpangrpi3as. Bids (ur, ant tho Elcctive Dalooftho Agreement iftheret wereno Bids)having ane effoct-ont the cost art fimonfperfomence: ofths Wark mayl bet thesubject of an adjuslment in Conlract Price or Contraci Times. IF OWNER, and CONTRACTOR: aro unablet fo agresd oh entillement lo mro ont tho amount or imtifmuydfeny-manadpuimmkaClaimt may bor madet therefor asp provided  A. AmRaa4N fari initiating, maintaining and suporvising all: safely precautions and programs in bonnection with the 1. all parsons ant tho Siteors whon may be: affecledlytho Work: 2. all tho Work: and materinls-and equipment 10 bai incorparated therein, whetherinstorags anc oraffthe Sitc; and  C. Chmnges! inl Lawsd or! Regulations not knowna att thet time ofc openingof ands Work. shaliy CONTRACTOR: providet ther necessayprotecliont shall fake all: necessary fol precautions forthosafetyof  pevent damage,injuryar lossto:  inparagraph 10,05,  00700-14    VOL  3. other properlyat II Sito or: adjacen! thereto, incltding trees, to ENGINELRsroview: anda apprbviaiu PAGE.Z19 willl bea atl lhe  shrubs, lawisalaspavemis,; roadways, structures. utilities, and Under- solee expensea MpyOMTACTO:  ground Faclliticsnolt designated fort removal, relocalion, arr repincemen! in B. CONTRACTOR shal! comply will all applicable Eaws and Regulntions: relatingt tothes safetyo ofpersans orproperly, ortoti the prolection of personsorpropetyh frome damage, injury,o or! loss: andshalic erect and maintain all necessary snféguards for such safety and protection. CONTRACTOR shnl! notify.owners ofa adjacent property and afUnderground: Facilities and ather when prosccution oFt the Work may nffect fhem, and shall cooperate wilh them int thet Poadoammpalmisatim, andr replacement of thoir property, All damnge, injury, or1 lose to any property refemed to in F*AdI3A1erGI3AS: cansed, direstlyorinlireety,: inv wholoo orinp pari, by CONTRACTOR, any: Subcontractor, Supplier, or any other individual or yhayety-aly anyofihemto perfarme anyo ofthe Wark, or anyone for wiose acts any oft tiem may! be linble, shall bor remedied by  thec caursofeonstnuetion  D, SubmitalProcedine  1. Before submiting cach Shop Drwing or Sampie, CONTRACTORehallhaves determined: and varificd: a, all ficd: mensuremenis, quanlities, dimensions, specified perfomence criterin, inslallation requiremenls. materinls, numbers, anis similari information withr respect therelo: b, all materials wilh respect to intended uso, fabrication. ahipping. handling, storage, nssembly, and instailation pertahing! lo thaperformanco oftho Wark: all Information relative to means, melhads, sequences,nty pracedures ofconstruction: andsnfely preçautions and programs incident therctu,and d, CONTRACTOR: shalla alsohaver reviewed: and coordinnied hageisaa Shop Drawings: ands Samples andwitht thor requiremenls oflhe Work nndi thet Contract Documenls. 2. Eachsubmittal: shallbaaras stamp ors specilio written indication tint COMTRACTOALPM-NICONTRACTOR)alipin, tindert the Contmct DoamsiwAp.ibCoNTRACTOR'raaw: and approval 3. At tho time af each submittal, CONTRACTOR shall give ENGINEER: specific writtens noticed ofsuchy Variations, ifany, that the Shup Drawing or Semple submitled may have from the requirements ofu thu CantractD Documentis, sucit noticat fohoinav written communicatiun: separate from thes submiflal; and, ins addilion, shall vause a: speclficn nolation fol In made ond cach Shop Drawing and Samplo submitted tol ENGINEER for  ownens utilily  catalog  CONTRACTOR pecificalic NGINILERS onsni haseatsmyofloer  lerhniques.  SyyhaKBaahew romiatHNBL INGINEER ono smpysbyuyerbs amdnofattribuls CON uaturmnitytinvei  Pioyelibywyeflism, CONTRACTOR's dutics and responsibilities! fors snfèly aadforpmalection: ofthe) Works shnll continuel unlil: such timo: as all fhal Workis completed and. ENGINEER Ims issued a notice to OWNER and MTS 14,07.BU that the Work isa accept- able (axeept as athenwise expressly provided in conncction with Substantinl A. CONTRACTOR: shall designate: a qunlified and esperienued saféty rynasemlathentthaSies whoseduties and responsibilities: shall bet the preyention uf uecidents and the maintnining and supervising ofs saftty pnecautions and A. CONTRACTOR: shall ber responsiblef forcoordinating anyexchange af matorial safity data. sheçts or other hazard commnication information reuired tob bemado avnilableto or eschnnged belween ora amonge employersat A. In emergencies affecting the safely or prolection of persons ar tia Work orl property: att the Sited ora adjacenti 1herelo, CONTRACTOR: isobligated laadiopvantinastema, damage. lnjury, arl loss. CONTRACTOR: shati give INGINEER prumpt written nufice i CONTRACTOR belleves that any signilirante changesintho Wurk or variations from thu Contract Ducumentshave heen eaused thereby or are required ns a rentt thereof. IF ENGINEER determinest thnfaclaangei inthe Contract Documents! is requiredb becatise afihe actiun Inken by CONTRACTOR inr response! fos such ane emergency, a Work A. CONTRACTOR shall submit Shup Drawings tol ENOINEER For review aud: approval in accordance wilh the accopinble scheduic of Shop Drawings and Samplos submittals, All submittalswill be identified: nsI ENGI- E-R6 speclfiedi in! lhu Genemi Requins- menls. Thed datas shown on! the Shop Drawings willl bec complelet withr respectio suantitics, dimendians. mpecifiedperfommancon -anddesign criterie, materials, and simiinr daln td show ENGINEER the services, malerials, and equipment CONTRACTOR; proposest top provide and! toc crblel ENGINEER! loreviewyt the infommationforthel limited prosist repuiredbypamgrepht 6.17.E. B. CONTRACTOR: shall: alsosubmils Samples tol ENGINEER forroyinw endapprovalmt accondancet witht thet acceplables schedulo ofShop! Drawings and Sample submtitinis. Each Sample wili be identified clearly as lo material, Supplier.pertinent daln such ase calalogn numbera, and the usa for whichi intended and othensiseas ENGINEER: mayn requiret toc cnable ENGINEER for review ihe submittalfart thel limited purposes mguirdbyparagrapht 6.17.E.1 Ther mumbers ofeachs Samplel lob besubmitied willl hes ass specifiedinihos Specifications. C. Where a Shop Drawing or Sample is required by the Contract CAAaYPAAN, yitWekpmmapier  afihnt subnittal.  Complelion). G,14 Saery,Reprasemtatiye  progmms.  revicw and approval ofeachs such varintion. E. ENGINEER'Renier  6:15 HararCommmieation: Programs  I. NdRERMAIyv approva Shopl Dmwings and Samplesi ina nccurdance witht tho schudule ofS Shopl Drawings and submitalsasoeptablai lol ENGINEER. ENGINEERarwiwanl. approval Sample willl be only lo defermine ifthoi items covered! by1 thes sulmittals will. afler installationo ori incorportioni int tha Wark, conform fothei information, given inthe Conimct Douiments mdb be compatibles withi the designe concepi ufthe isaN indientedlyt tho Conimct Docu- 2. ENGINEERaraviow: and: approval willy not oxtend1 1at mans; metiods, laehmiguesseguasory procodures oft construction a particular moans, melhod, technique, sequence, or proccture (excepty of con- structioni iaspecileallyando loxpressly cafledf forby! fhe Conlract or tos safety precautions or progmms incident thereto, The Documents) raview and approval ofa separnte iten ns such will not indicate approval ofih: assemblyins whiclit thsitemfmelions. 3, ENGINEER's review and approval of Samples shall nol rollevo CONTRACTOR from Shop, Drawings for varintion from the requiremenis of the Contrack respansibility Documenis auy CAMTACTONEERNONEA-aRT enchs unless sucl variation at thet time ofench submiltal as required byy and ENGINEER: has given written approval of cach paragmph6.17.D3 such variation speciliowrittenn nolation Dmwingerample: approval: hemafinuparntediner: norwill CONTRACTORfom: rasponsibilityfor nny: approvaiby! complying with afpamgmphd.17.D.L. F. RemhmutialProcedin: ENGINEER ands shall tetum ther Shop Drawings and submit required submiltals,  accordances thesitui ina 6.16 Emergencies  wilhl Lnws orl Reguiations.  menin,  where  Change Dinective or Change Orderwilll bei issued, 6.17 ShoplDruvngsd ands Samples  ar hy accompanyingiles ENGINEER: Shop roliee fher raquirements required hy of corrected copies of onp provious  CONTRACTOR shall mnko corrections approval. CONTRACTOR shall as required direct now Samples for rovicw and ravisions olher than thoc corrections ealleirlyENGINEER. specific atlention in wriling to  number  Docummikertbamdindalat afShop! Drawings ands Samples submittals acceplable 6.18 Continuing: the) Work:  00700-15    A. CONIVOL-T-Pent tha Work: and: adherat tot thep progress under workers" compensation PAGEM720 ar olher employce  scliculed durigalluspes GF disagreemenis with OWNER, No Works shallb bo benelil acis. trymi ofany dispules or disagreemenls. escept as permitted hy paragraph 15,04 ar as OWNER and CONTRACTOR may 6.19 CONTRACTORYGenerad. earamyanGhuarante: A. CONIRACTOR warrants and guarnteosto OWNER. ENGINEER. and ENGINEER's Consultants thal al! Work willl bel In nccordance with the Contraut Doaumentsandwilmst:t be defective, CONTACTORIVENY guaranted hereunderexcides defects or damagos causedhy; I. abuse, modilication, ori improper maintenance or operation by peraanso otherthnn CONTRACTOR, Subooniractors. Suppliers, ars anyo olher individunl orentity forwlom CONTRACTOR isresponsihie; or 2. normai wear and tear undert normal usage. accordiancus withthet Contract Documenis shnllbeabsolute. Nono ofthe follow- ing will constitulo an acceplance ofy Work ihnt Is not in accordanca with the Warki int accordance with tho Contraci Documents:  49A  olherwise agrce ins writing.  62t--halrmatas  HHyoFINGNEER- poraFLs opinions poris, aurvey, iredtlionror-nstructin erialigiepherametA  Cemisahusefirafiepatas pioyesst i,and-olher cumtilabamimboeahasaidaefedauiwguaia  gorspetifeatiomser tprmsy-meefaPbe-aeyordamagst ARTICLE7-OTHER WORK  B. CONTRACTOR'S obligation lo perform and complelo the Worki in 7.01 Related Worke at Site  A. OWNERmsypetfom olhor work rclated loi the Project ntt thc Sitoby performed by utilityo owner. IF such ofher work.is not noled int the Contracl 1. writlenmotice thercof will bo EMlBCONTHACTORRArN 2, IF OWNER and CONTRACTOR ars umahle to ugnc on entitlomen! to or onl tha: amuunt or oxtenl, ifany. ofmy. adjustment inthe CotractTriceor Cantrack" Timest thats shouldt ber allowed Iasar rexultafsuch olherwork. uClaimmaybe madet ther-forasprovided in paragraph10.05. B. CONTRACTOR shall afford cach olher cunirattorwhoi ismpartylo suchndirect contracl md cach utilityowmer (aud OWNER,FOWNER: isper- Sita and: a1 reasonnblo opportunity. for Cei introdurtion. and: storage ofmaterials and equipmen! and the execulion af such olher work. md slail coordinato 1hc' Work with theirs. Unlcss olherwise provided in (o Contract Documents, CONTRACTOR shall do all cutting, fiting, and paichingorthe Work that may be required lo properly connect er otherwise make its several parls come logether and proporly inlagrate wilh such other work. CON- TRACTOR shall not endanger any work ofc others bys cutting. excayning. ar otherwisc altering fhoir wark and will only cut or aller thcir work will the  Contmct Doumsmisoraraiasec OFCONTRACTOR'sC obligntian loperform fhc OWNERsemployes, or IcL other direct contracis therafor, orhave olher work  Documents, then:  observntions by! ENGINEER;  2: aYAOtB-epysilyowAERaw, 3. the issuanve of certificate af Substontin! Completion by ENGINEER or any payment rlated thenata by OWNER; uicard occupancyofthsl Work orn nny parti fhemolbyOwNER: any acceplanre by OWNER or any Thilurot to dos so; orthei issuanca ofar nolice ofacceplability! by ENGINEER: anyi inspection, lesl,ura approval! byo other, er mnys corection ofdefective Work by OWNER.  startingnny such otherwark: and  progress orfinai payment:  myrevitnvaniagpuowale ofa Shopl Drawing or Samplesubmaittal fommingthectiarwatki wiOWNER's employeas): proper ad safct access tol fhc  7.  properly  6.20 Indemnjication  A. To the fillest extent permitted by Laws and Regulations, writlenconsent dfENGINEER: andt thet otherss whosat work willl bos affected. The CONTRACTOR shail indemnily and hold barmless OWNER, ENGINEER, dutiesn nnd responsibilitics OFCONTRACTOR: under this paragraph areforthe ENGINEER's Consullants. and the afficers, directors, pariners, employces, lenefit ofsuch utility owmers atd oller contractors to tie oxtenti thnt thero are ngents, and olher consultants and: subcontraclors ofeachz and: any ofthem from: pumparablepavisions forthebenelit UECONTRACTOR Instid direct contracts nndr againt all claims, costs, losses, and damages (including! butt noti limitedlo helwecn OWNER: and: sucht utilily owners and olher contractors. rihingloliepelamaaset ofthe Work.providedt thats any such cinim, cosl, Joss, Waikiymisupenwuk performedbyo alhers under! lls Artlide7,CONTRAC- 1. isatiributahlet to bedilyi injury, sickrtess, disease, ord doalh, nrio unavailabla or unsuitahlc for tho proper executlon and resulls of Injury lo ar destruction affangible property (ather than ths Wark ilself), CONTRACTOR'S Work. CONTRACTORHIalemet to son reporty will constilule  all! fecs and charges ofcngineers, archilects, allomeys, and olher professionnis undt all court or arbitration arc allter dispuio resplution costs) arising oul ofor  C. IFthe proper execulion or resuits ofa any parl CFCONTRACTOR'S TOR shall inspect such other work and promptly rport lo ENGINEER in wriling any delays, dofècls, or deficiencles in such other wurk thal renderit mn nccopimes of such other work as fit and proper for: mntegration wid: CONTRACTOR*Wak: excepl for laten! defccis and deliciencics ins sudi olher A. rowARL-boss-. alherst for thu performanca ofotler I. tho individual or enlily who will have nuthority and responsibility for coordination of the activities amung tho various 2. the specific matters to ho covored by such authority and 3, lincdmidfsuchuhatilyamirepansibilis: willl bop provided, B. laiadhmipusailate: Supplementary Conditions, OWNER Hha-avy-aN, for such coordinalion,  'or damage:  includingthel loss ofu use rsultingt therafrom: and  2, Iscansedi inwiolo armp parti by: any negllgentn Lacto orc omission of work. CONTRACTOR, any Subcontractor, ary Supplier, or any individual or entitydirecllyo orindirectlys emplayedbyanyo oft them foperfom anyofthe 7,02. Coordination Work or anyane for wlioge acls. my ofthem may bol liabla, regardless of whether ort not cnused inyatbymymglgmes: or omission afani individunl indemifiedy partyb by Laws and Rogulations rogardless oFthe negligencoo of Conditions: B. Imyand: allo clims against OWNER orl ENGINIER or anyo oftheir respeclive consullanfs, agenfs, officers, dircclors, partners, oro employces byany employce (or tho survivor or personn! representative af: such employco) df ÇONTRACTOR, anys Subconlractor, any Supplier, or anyindividen ore entity directly or indirectly employed by any ofthem! loperform aryo oftho Work,or anyonot forv whosct acts anyof them may! bel liable, thei indemnificallon obligation underp paragmphe 6.20,A: shall nol bel limiledi in any way! by any limitation ant the amountort typo ofdameges, compensation, ar! honefits payable byorf for CON- TRACTOR or mys such Subcontractor, Supplier, ar ctheri individuni ar entily  or enlityi indemnified! icreunder or Wizellter liability isi imposed upon such workonthe Projecintt thoSite, thot following willl bos sel forth iSupplementary  any such individunl or entity.  confractors willl bei identilied; mapeniliywalehemin, and  00700-16    AMEVOLTT 8,01 Communcattons to Contractor 8,02 Pplarmee/ENGNER  A. EEMOPRGE:  thoc consinuction  period. Tho dutics and responsitn e 7213 Imtlons of authority of ENGINEERa a:owNERargpsihie. durings construclion pros set forthinthe Conlmct Documenis: and will noib ba changedy without written.consent ofOWN- A- ENGINEERI wilin makovisits tot thet Slies at intervals approprintetol thc various stages of consiruction. as-1 ENGINEER dcems necessary in order lo ENGINEER: frl thob bemfloFOwNER, willd delermine, ingeneral, ifthe Work byadghesispaiht fho Contract Documenls. ENGINEER willn not her requiredton make exhaustiyaord conlinuous inspections ont the Siletoc check tho quality or quantity ofthc Work, ENGINBER's cfforts willl bo directed Work will conform generallyto the Contraci Documenis. Onhel basis ofsuch visits: ando dbservalians, ENGINEERWIkesp! OWNERi informedofthey progress oftho Wark: and will endcavoriog guard OWNER: against defective Wark. B, ENGINEER-avisismpic observations ares subjecito allhel limniintions anl ENANEERA-mdlymir rasponsiblily: sel'forth inpatagraph9.10. mni tslahaitialsia. EHAF-KTIROEER visils or ohservations of CONTRACTORS Work ENGINEER will not supervise. direct, control, orhaya nulhorily owr ark ba: rosponible for CONTRACTOR's  ER: and ENGINEER. 9.02 Visits to Site  A Excepla as otherwisep providedin fhoss Genemi Comiioms,OWNER shall; isuo all.c communicntionst fo CONTRACTOR through ENGINEER.  A. Incase oftermination ofthet employment OFENGINEER, OWNER abservensans axprrienoed: ad qualified desigmprofessienalt thep progress thathes shal! appoint m engineer to whom CONTRACTOR makes no reasonablo boenmadenil thec quality ofthey yerious: aspecis ATCONTHACTORKE objection, whosos statust undortho Cohlract Documents: shallt bet thal ofthoi former Work. Bosed on! Information oblained durings such visits and observations, A. 'OWNERshall promptly fumish lied data ragiredofowNER under towaniprovitlingi forQWNERag grenter degreed afconfidencel Ihnt the completed  ENGINEER, 8.03 FurnishData tho' ColmetDaumoents. 8,04. Pay.Promptly! WhonDue  A. OWNER shall: makepayments: to CONTRACTOR; prompllywhen theyarrdue.ns providedi inp pomgraphs 14.02,Cand1 14.07.C. 8.05 Lands and Easements;. Report.andTests  A. OWNER's-duties! ini respect ofproyiding Innds ande ensemenls and means, methods; tecliniques, sequences, ar procedures of construction, arthe providing engineering survaya to esiablish referenco poinls ar set forth in safoty precmutlans and prograns incident therato, ar for any fnilune o!: pargraphs 4.01 and 4.05.1 Pamgraph 4,02 referst fa OWNERaidmtiy.inge and CONTRACTOR to comply wilh Laws and Regulations applicablo 10 the  makingavallabioto CONTRACTOR copies ofrports ofexplorations: andt tests performance oftho' Work. uxistingsur/hce ors subsurfuc: structures at or contignous tot the Sitet thnt! hnve 9.03 Proectleprarertaliye  nf'subsurfnce conditions and drasvings ofphysical conditicns in or relating lo beent allamdbyINGINERin; intHCaDesmss maintaining! labilityandg proparlyinsurancs: arosetforthi in Articlo5.  A. IFOWNER. and BNGINEER agreo, ENGINEER will. flmish a Rosident. Projecl Representative to assist ENGINEER in providing mona esTensivo ohservaticno oftho Work. Ther responsiblities and: aulhoriyandlimita- sapasaaiDpahen Supplementary Conditions. IfOWNER designatesa another represenlativeort agent't tor represent OWNER att the'Silewho is: not ENGINEER's Constultant, agent or amployca, tho msponsibilitics and authority and limitations thereon ofsuck other individual or entitys willl boas A ENGINEER will issus with roasonable prompiness such written as ENGINBER may determine necessnry, which: shall be consistent withthe inlont afand reasomablyintemhiv from! the CamtraetDocuments. Such written clarifiontions and Interprelations. will be binding on OWNER aud CONTRACTOR. IFOWNER.and CONTRACTOR arc unablo lu ngrea an  8.06 Insurance 8.07 Change Orders paragraph10.03.  A. OWNER's rsponsibilities, if any, in respect 1o purchasing and lionstherconc ofanysuch Resident Projecl Representativa: ands ssislaniswillho  A. OWNER is oblignted to execufo Change Orders as indicated in providedi int the SuptmantuyCemditoans,  9.04 Clarifications andi ntterpreiations  8.08 Inspectians, Tasls, and.Approvals approvalsi Iss set! Forthi inp paragraph 13.03.B. 8.09 Linntatons an OHAER:Reponslhlile:  A. OWNER'sr respansibillyinn respeclt toc cerlnin inspections, tests, and clarifications ari interprolalfunst oflher requirements afthe Contract Documenis * ThoOWNER: shall: nol supervise, direct, orhavor control ormuthority antitlomen! fo-or ont the: amount or exteni,ifa any, afa any adjustment in the aemorbenspdaslbie! for, CONTRACTOR-AmEBs: methods, teclmiques, Se- Contract Friccor Conlract.Times, orbolh, thais shoulat be allowedasar resulto of quences,or procedures ofconsiruction, orthes anfely precautions andy programs a wrilfen ciarification ar interprelation, a Claim may be made lherafor as  incidentthrcto. orforany.f failurac fCONTRACTOR: toc complywithi Laws and proridedinpuragrmph. ID,05. responsibile for CONTRACTOR's! failuret fop perform the Worki ina accordance 9.05 Authonzed, Parlations iWork:  Regulations applicnble fal thoy performanco afthe Work. OWNER willi natbo 8:10 Undicloredlorerdour. EmvirommemialCon.ition Environntental Conditioni iss aclfarhinparagnpihe 4.06. 8.12 Magmragees  witat tha Coniract Documents,  A. ENGINEBR: may authorize minors variations in the Work from tho reqpiremertsofthal Contractl Documenis which dor not involvoa an adjustmenti in the Contract Prico ort the Contract" Times: and arp compatiblo wilb the design Contract Documents, Theser maybor accomplishodb byaFieldo Ordera and willl be hiningeowNERenia aiso au CONTRACTOR, whot shall perform tho Work involvad promptiy. FOWNER and CONTRACTOR aro unablo lot agree on entitloment Io-ar an the amount or aktent, ffany, of: any adjusimen. in lc  A. OWNER's usponsibilily in respect to.an undisclosed Hazardous concep! af'tho complated Project: as: a functioning whola asi indicnted! by the A. Ifandtot thooxient OWNERI has agreedto fumish CONTRACTOR Contract Priced orConimel" Times, or! bath, nsaresuito of FicldOrder,at Claim reasonable. evidence that financial amngemenls have been made to salisly may! bat madal thereferasprovidedi inj pargraph: 10.05.  agweCat Documents, OWNERsrspenibilly inrspecltherofw willl bes assetfarihint the Supplemedlary Condilions, ATICP-EAORGERSETATU: DURINGCONSTRUCTION  9.06 RglactingDective) Work  A. ENGINEER willl have autharilytod disapprava arr reject Work Which ENGINEER belioves to bo dafèctive, or that ENGINEER bolioves will not producene compleled Project thato conforms 1ot tho Confract Documents ori that willp prejudicai Thsi integrifyo ofthed desigas concept ofthe compleled Projectasa fimctioningy whole asi indicatedh by the Contract Documents, ENGINEBR1 will also have nuthorily 1o requiro special inspeclion or tesling oft the Work As  9.01 OHAERSHeprasmudw:  00700-17    wOL-PP-at Warkisfabriented,; installed,or 9:07 Shop! Dravings, Change Orders and! Payments A Ircomnectienwitlal ENGIEER'anorlyst to Shopl Drawlugs and B. Incarinection with! ENGINEERAmtoilyat lo ChangeOrders, sco  E. The limitations upo PAGE7221: sot. forth in Ihis paragraph9.1Oshalla also applylo ENGINEER'st Consuuants, ResidentPragjest ARTICLE1 10-CHANGES) INTHE WORK, CLAIMS 10.01 Anthorzed Changes int the Work  conspleted.  Representative, and: assistants,  Samples, seep paragrph6.17. Arlicles10, I1,and1 12, Payment, ScoArtidle14. 9.08 Determmationzjor Unit Prical Work  A. Widoutinvalrdating! the Agreemen! and wilhoutnolice-to: anys surely. OWNER: may, at: any! time or from time tot time, order addilions, doletions, or ChangsDirective, Uponr remeiplafanysuch document, CONTRACTOR: shall prompllyr proceed wil the Worki involved which will bey porformedumder! (hs applicable conditions of, tho Conlraci Documents (excepi as olhetwiso B, IfOWNER: ando CONTRACTOR arot unablet to: ngrea on entitiement  C. In connection" withl ENGINEER's mthority as to Applications for reyisions int tho Work bya Written Amendment, z Change Order, arat Work  specifeallyprovide),  A. GAEAMACstatiN. quantities and classifications of UnitPricel Wark.pelormed! HyCONTRACTOR., ENGINEER will: reviewwith willbofinala andbinding (axcepl asn modilicdby) ENGINEERI foreflect changed  CONTRACTORT torNaINBEPagrelinhmaydetemmimion: ons such: matters fo,oron! thez amoun! arextent, iffany. afnna adjustment inheConlinct Pricear boforo rendering a writlen decision fhoreon (by recommendalion of an Contract Times, arboth, that shouid bet allowed as aresull afa Work Change Applicationf forPayment oro otherwiso). ENGINEER'swriltene decisiont thereon Dircctive; at Claim may bet madat therafor ns providedinp pangraph 10.05. farlualt conditions ormares accurato dala)upOrowNER: AnICONTRACTOR, 10,02 Unatthorizad Changesi int the Work 9,09 Decisions on Reguements df Contract Docurenis and Dricoormextension oftha.Conlract" Timesv witi respcctton anys watkperlormed A. ENGINEER willl be thci initiali interpreter ofther requirements afthe sgrovitadiagargaph: G.16orhnthet casad afuncovering Wark as providedin  subjecttot thop provisions afparagraph. I0.05. McceptabillygfWork  A. CONTRACTOR: shall: not ha entitled Io an! Increase in tho Contratt thnt is not rerquired by-the Contract Documents as amended, modifled, ur APANS excepti int the case ofme emergency  Contruct Documents andj judge ofi ihet neceptability offe Work fheraunder. paragraph 13.04.B, Claime.disyutes and otherr matters relaling! iot then apceptabilityofthe' Work, the quantitiay and cinssiffcalions. oft Unit Price Work, the interprelalion of (he 10,03 Eracutiond afChanga Orders reguirementsoftnat Contract Documenis pertainingto! thej performanco ofthe Work, nndClnimss secking changesi Int lhe Contract Price arConiraTimes will ofperngraph 10.05, witharequesti fora! formal decision, B, Wheaf baaingslgHe underthisp paragraph9.09, ENGINEER will: nots showparlialityio OWNER or CONTRACTOR: and will motbé! liableino connection witht any interpretation art dcoision: rendereding good Faithin-such capacily, Thor remdetingofadaiaiomby: ENGINEER: pursuentt to this paragraph 9.09 with respect to any such Claim, disputo, ar olher matter (escept ay which haye hean wived by the making ar acceptance of final payment asp pravided inj paragraph 14.07) willl bo a.conditiong precedentios any euresc'lyOWNEK or CONTRACTOR ofsuchrighis orr remedies as cither mayo alherwisc! haveunderthe Contract Documenis arl byI Laws arI Regulations inr resperto ofanys such Claim, dispute, ard othert matter. 9.10 Linitations onl ENGINEER's-Auhonty. and! Responibilliles 'A. MA-NOReEamtwlysaillymarus, Artidlosg arunderanyo aller provision ofthe Conirc! Documentsi nor anyd decisiont mndo LyENGINEERI ing gondf foith cithert tos xercisaornott exercises such: authorilyor responsibllityl by.E ENGINEER: shall creale, impose, ar giver riset to any dutyin contract, tort, or alherwise owad by! ENGINEER to CONTRACTOR, any  A. OWNER and CONTRACTOILahai oxecuto approprinto Chang changesi inthe Work MiteeOarderudlyt OWNER, pursunn! foparagraph) I001ACOg.indbems: ofa acceptanco ofdefective" Work under! paragrapl 13.08Ad or OWNER'rorrectiont ofdefective' Work under paragraph 13.09, or (l). agreedlohyt thapartics: 2. changer in the Contraci Price or Contret Times which nre gyedtobylhepatins; includinganyt undisputedstm ora amount oftimel for Waikndtalypatommins accordanco witha a Work Changa! Directivel anl 3, changrsi int the Confract Pricaor Contraa!' Times which embody tesulstence ofa anywrilien decisiont renderedby ENGINEER pusuantio. pamgrph 10.05providedflat,i inl Jicu ofe executing-nny: suci: Change Order. an appeal may bo! laken from any such decision' 'in accordanco with Gu provisions oftho Contract Documeuts md: applicnhlol Laws: and Rogulations, but duringe any such appeal, CONTRACTOR: shalle canyont tho Workand adherato! the progresss schedule as providedi imparagrphG.18.A A. IFnolipodfanyo change afocting thos generals scoped afthe Workorthe Price or ContraciTimes)i krpahmabylaypsision: ofany! Bondtol bo given to a surcly, tho giving df any sich noliçe will bo CONTRACTORS  berefemedintialyto ENGINEER: in wriling, ina accordancoi with they provisions OAamsmasalyOREA (or WrittenA Amendmenls) covering:  responsibillty art thet undertaking, exercise, orp perlormanco ofa any zuthorilys or 10,04 Notificatton to Suraty  Suhcottraclor, anys Supplier, any allerindividuai orc emfily.orlomystrely! for provisions aftho Contract Documents (including, but notl limiled la, Contract B. ENGINERwalmnispanis direct, control,orlave: authorityo over respansibility." Tho amount dfencl plai-Benhwifladuad lor rollcct  aremployeed or agento ofo anyo ofihem.  mborpesiieBrcoNTRALTORmams methods, techniques, sequences, theelletofamysuche change. thercto, ar for any fnilure of CONTRACTOR to comply wilh Laws and 10,05 Clalms andl Dispules  orprocedures alconstruction, art thes salelyprecautidns: md programsi incident Regulations applicablo 1ot lop performance a'tho Work. ENGINEER will: not barepamailiaiarCONTRACTORHAllurei toperform! lhte Work Ina accordance  A. Notice: Writfen notice slaling- the general naturs of each Claim, dispute, eralhmiisahallaihkemdbyliadhimant fo ENGINEER: andthe aerpartytolhe Comimclprompiy (buti inr noc cvent later (han 3D days)a afler the ENGINEERanihec alherparlyiothe! Contract witbin 60 dnysaflert thos slart-df such cvenl (unless ENGINEER allows additional timo for claimantt tosuhmit  witht tho Coniract Documents,  ENGINEER will: not be rusponsiblo for the arts or omissions of startallhecveut, givingrisethercta. Nofico ofthen amountore extent ofihot Claim, CONTRACTOR or of any Subcontractor, any Supplier, or oF any olher disputo, ar other matier wilh supporting data shill be dclivered 1o the D. ENGINEER's reviow of-tho final Applioation for Payment and additional ort more accurafe data ins supporl.ofsuch Claim, dispulo, ort uther nccompanying documentation. ad: allr minfcnance ad operatingi instructions, matter). A Clim for an adjustmenl i Contract Price shall be prepared in schoidules. guaranlecs, Bonds, cerlificates ofinspeclion, iestsn and: approvals, and accordanco wilh the provisions of paragrapl 12.01.B. A Claim for an rtolimangiadte bet daliverdbypargrmphi 14.07.Awilld onlyhe mshCatadTisaatl bep prepared int ocordances witht (he provisions fodelemmino generally ihat-heircontenl complias wilht ther requirements of, and afparagraph 12.02.B. Eack Claims shalit mpalya int tho casa ofcertificales ofinspections, tcsts, and approvais thati tho resulls siatement-that tc-adjusiment claimei-is mestied to renresent tho cntin  individuslc ord enliyperforming anyoftho Work.  certiliedindicate: compliancet with, the Contractl Documents,  adjustment fowhicht thec claimant believesi iis isenlitled: asaresull ofsnide event,  00700-18    unlesso otherwiso'cie lasts submittal ENGINEER: (inless reasgnahier withn  pposingr partys shall submit anyr response allowsr additionai lime).  3, Paymenls mndo Workperformed  a Suhcontractors for  "tol ENGINEER ano piin wiain 30 dayst allerrecipl ofthed claimant's B, ENGINEER'S! Decision: ENGINEER willr rendernformal decision nrominess iritieiltinB-iy: afler recaipl oftalast submiital oft tho claimant or the Iast submiltai ofthe oppasing pariy. Ifany. ENGINEER'S writtén deaision ons such Cinim, dispute, oro athert matterv willbo finnls and! binding: upOnOWNER: and CONTRACTOR: uniess: 1. mmppenli from ENGINEERsdeisioni istaken within tho time limits and Ina necordancer wilht thod disputor resolution praceduressel! forth in 2. l'no such dispute resolution procedures hnvei been se! forth in Artilo.16, A written notico of! Intention lo appeal from ENGINEER's written decision isd dellyeredby OWNER or CONTRACTOR10 the other pnd lol ENGINEER within3D days aflert tho date ofsuch decision, anda formni proceeding is instituted by the appealing parly ina forum of competaitjurisiiction" withine 601 126d daysn aflerthedatco ofsuch docision or wihinGe 120daysaflers Subsiantiall Completion, whcheyeriglaterunkes alhervisangrediny wriltingbyOWNER: and CONTRACTOR,. lo cxercise suchrighfsorr remedlesas! -lhynyhswl. respecit fos such Clnim, dispute, ar olher mattor ins accordance with applicablo Laws and INGINEEILO mohnendara-formmit decinion graphi0.0s  PACE7ZS  TOR shali oblain compeliliva bids from subconlractors acreplablo lo OWNERa and CONTRACTORmieale delivers such bidsto OWNER, who willd thead delemina, wilh the: adviced OFENGINEER, whicht bids, will ben acceplabic. Ifanys subconlract, provides that the Subcontrcior: ifnny, the Wark and fea shali ba Workp determined plusafes, in SubroninatafsCotcf tho CONTRACTOR's Cost oftha Work andi fear provleadiatispamgapa same. mannor ns 4. Costs of specicl cousultants (including hut not limiled to enginecs, architects, teatinglahoraiaries, suryeyers; altomeys, and: accotn- tanis)employedf fors services specificallyrdated tot tha Work. 5. Supplemenin! cosis including! thoi following: A, Tho proporlion oft necessnry fransporiation, travel, and subsistencanxpersse CFCONTRACTORS: employees incurred indis- charge ofdutios connected witht tho-Work. b. Cost,: including irnsparintion and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and tomporary facililies al the Site, and hand tools not awned by iho workers, which are consumed! in the performanco oftha Wark, and cost, less markcl valus, ofsuchi items" used,butnot constumed which remain thep properly OFCONTRACTOR d, Rentalso ofalic construclion the parts thereofwhether renled fom CONTRACTOR or others in adyice nccordance of ENGINEER. with tenlal agreements- and tho costs appraved of1 transporfation, by OWNER with the unlonding,: assembly, dismanling, andi removal theredE All: such londing. cosis shall be int accordancet withi fhet terms ofaaidr rontalz agreements, Tho reniniofanysuche usat thereofisn nol longernecessaryi equipment, machinery, farihe orp Work. paris: shall ceases when tho d. Snles,consumer, 1sc, ando olhers similari faxes rointedio! the WAPRPlACONTRACTOR isl liable, imposedbyl Lawvs and d. Deposits lost for causes olhar 1han nogligence of CONTRACTOR,my: Subcontractor,r: anyane directlyo ori indinetly mplyadlymydflamt or fors whosa neis anys afthem may! be! liablo, androyally paymenls andi fees for permils andl livenses, Lossos and damnges (and rolated" axpenses) caunei by dmmage.tolha' Wark,notc compensatedb byi insurnca aratherwise, SIR- falnedbyo CONTRACTOR: inc connectiony wilh thop perfomanco ofthe Work (excepr? losses nad daniages wilin fhe deducliblo amounts of propertyi insumnee cstablished in accordance with paragraph5,0G.D). pravided such losses and damages havo resulind from Causes alher thm! EERACONTRACTOR. mny Subconlractor, or anyonu direellyorindlimvellyo amplbypdlymyaflim: orf fory whoso acts ofthem may! bel liable. Such losses shall includo seltiements mada any with tho wrillend consent and approval OFOWNER. 'No: such losses. damages, and axpenses shallb boi includedi int tho Cost ofthe Work for (hepurpase ofdriermining CONTRACTORse, Thocostofutilites, fiel,: nnds sanitary! facillies ati thtn Sile, h. Minarc capensoss suchnstelegmms, distancet calls, tolephones service a! items inc connections witht tho haSiteyexpressage: Work. L. WhmnthaCosi oflhol Workisusadiod dotermine the valuc ofa Chnnge'Ordero orafaClaim, Bonds and insurance required! becauso tho coste ofthas ofpremiums for ndaitional Workar catised byt thee event givingriset tot ths Claim. changesintho j. Whenallt the Work is lies cosis ofp premiums for all Bords performed andi insuranca bngiscfcaii-plus, CONTRACTOR isrequiredbytho Coniract Documcalst top B. Costs Exchtdad: Tho term Cast oftho Works shali noti  MatohalaaPCaidfte 11.01.  tho  is.tobe  Articio1G,or  Reguintions, lmes smlrbe-doemed AVe hec caimaniurthe-iat 10,05, PRICEWORK 11.01 CostofthelVork  enying-the Shayraarepaefliciminhmileiei Phvpaigy-tyifay  equipment andi machinery, and  D. No Claim for and adjustment In Contract Priced or Contract" Times (or Milestones) will be valid ifnali submitted ins accordance wwith thisp paragraph ARTICLE I1 COST OF THE WORK; CASH ALLOWANCES; UNIT  Regulations,  A. Costs-inchded: Thater Costo oftho Work meanst thos sumo ofall costs mopusemriyinmurred: mudpaldby CONTRACTOR: int tho proper perlonmanca of tho'Work. Whent thot Vaiuod afany Worko coveredhyn Chango Order ory whena Clmimf fora anz adjusimenlin Contmet Pricei is delermined ont thob basis ofCost of tho Work, tho costs tol be roimbursed to CONTRACTOR will.bo anly those additional ark incrementai castst requirdb bconuse oft tho change int the Work or hemussdflinevelg givingrisciatho Cinim. Exeept: nso ctherwisar may bas agreed toins writing! by OWNER, such cosis shalll boi ing amounts nol highort thant thosc preyallingi ini the loraliiyo ofthe Project, shalli inoludeo only1 tho followingi items, ands shall: noft includon any afthec cosisi ilemizedinp paragrapl 11.01.B. 1. Payrol! costs for employees in tho direct employ of CONTRACTOR ini the performance ofthe Work: under schedules ofjob classificalions agreed upon by OWNER and CONTRACTOR. Such employeesshlli include-withoul! limitntion: peiatendmls.foreme, and olhery personngl employed fi!l1 timealt the Sile. Payrollo costs ford employces not empluyed fiullt timo an! tho Warka shnli.be apportioned on1 1ha hasis of thei-limespentont the Work. Payroll cosls ahalli include, butnot bol limited to, saiaries md wages plus! lhe cost offringel benefits, whichs shalli include social security contributions, memployment, excise, and payroll taxes, workers' cantpensation, healthn and: relirement! benefits, bonuses, sick! lenve, vacation: antl holidayp pays applicabla thereto. Thos axpenseso ofperforming Work oulsido ofr regular warking hours, on Saturday, Sunday, or legni liolidays, shnil be included in the abova to lhe oxtent autherized by 2: CostoFall: materiais: and equipmen! fimished andh mcorporated int tho Work, including costs of trensporlation and storage thereof, and Suppliers" flold services required in connedtion therowith. All cash discolntsshnil: accmuet lo CONTRACTOR: unless OWNBR deposils fids witho CONTRACTOR: withwhichlomker paymenls, inv which cose thec cash discolinlsshall: accruola OWNER. Alliraded discounis, rebates andi rafunds and-relums. from sala ofsurplas materials ande equipment- shall accruot 1o OWNER,and CONTRACTOR: shall makepravisions: sot thelihayr mayba  long telephone ands similar.paliy casl  OWNER.  on! lhol purchasn andi maintain, includo anyof  oblained.  fhe following! lems:  00700-19    ,  compensalion of CONTRACTOR's  e OHABRePCON PAGE72 im-iormmfjustmeni EORESymiNe antiy-fromt Keieperismstiyeen astriam-nicealintaintar-Agpremsatami thecafimaisigummliy fuhmosmponind-amivinepactsyutbaerihem: m-inerease ENVS vgmncmed ddition eapenstor CHNER-ialive-harilieltosrieesein tpky sthraassoriceese ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF  officers, YOEITT mnd sole proprielorships), general managers, engineers, architecls, eslimnfors, attomeys, auditers, accountanis, purchasing and cantracling ageats, expediters, timckeepers, clerks, and other personnel mplyplyONTRACTOR, whctheratthe Sits or in CONTRACTOR's principal or branck oflico for general miminitntiomafths) Workandnot: gadfeatlylaiidiatis: agreedupon schednlo of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which aro to bo considcred: administrativa costs coveredb byt tite CONTRACTORsle. 2. Experses OFCONTRACTOR'S principal and branch offices other! lhan CONTRACTOReie: at the Site. 3. Any part of CONTRACTOR's capital expenses, including intereston CONTRACTOR's capital emplayedfor the Work and chages PPHMLCONTRACTOR for delinquent payments, 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or ayons directlyo CHY7 or comaction ofdafective Wark, disposal ofn materinis areguipmentwrongly supplied, andr makinggoadany dameget toy property.  eComtractPrioe raccord  neuntiyofany tem  Prit  afWackmd  PMRAPORHnsEe  CONTRACTTIMES  for whoso acis any oflhemr mayb be lizbic, includiag butr not limitodto, tho 12,01 Change@fConratPcs:  A. The Confrac! Pricet may onlyb bechangedbya Chango Orderorbya  5, Olher averhead or general expense cosis ofany kind: and the be Wrilten based Amendment on written: nolice Any Claim submitted fors an by adjustment tho in thec Contract.Pricc: the costs of any Item nol spcolfically and expressly included inj paragraphs ENGINEER and the olher lo the Contract party making accordanco Claim to the of cost-plus, CONTRACTOR's, fte shall bo delerminad as set forth in the formatjusimeat int tho Contract Pricewill bo Change Orderarofmy follows: Clain  shall wih thg  11.01.Aand 11.01.B.  parly  in dolerminedasf  provisionsdfparagrph: 10.05. B. Tho-value ofony Work coveredbya 1. wilerctho Wakinmohdkeperiby: unitprices lhoContrct Documeuls, by application ofsucht oftha ilems involved fabastibpliepuifpapk 2, whenethe Wekhmohadlamatoved, by unlt contained in the Contract Docummis, etmieartliomamse: kronihansamhpmfimataemamssfyinsaias byar mutually lump sum (vilcrmay yeswpa29HERpv: aatenehyuiwh t-Suie-Decmsiroslaluepiumieradint nacr mincdas paragraph provided  C. CONTRACTOR:-Tea When ail! the Work isperformed ont thobasis Agrecmenl: Whent thu value ofmy Work coveredbya Chenge Orderor when aCluinn forans adjustment In Contract Pricei isc delermined ant thal basis ofCost ofthe WAKCONTRACTORAeswN bod determined: as: sel forthi inp paragraph D, Dgcumentatton: Whenevert the Cosl ofthe Work foranyp purposei is lolpitmtndpusumt topargraphs 11,01.Aand 11.01.B, CONTRACTOR wille ssablishmmdmainlain: rocords thereafin accordance with generillynccepled aoxounlingpmaclos: andsubmilinal form aepabiPtoENGINEER: ani itemized A. Itisu understood fhat CONTRACTOR has includedi in tho Contract .Price all: allowanoes 501 namodi int the Contract Dncuments uds shall cause-tho Work so covered to be performed for such sums ns may bo acceptablo to OWNER: amdENGINEER. CONTRACTOR: agrees! that: 1. tho allowances includo the cost to CONTRACTOR (less any applicable trado discounts) dft materinls and equipment requtred by the allowances tobed deliveredai tho Site, nnd: all: applicabiet taxes; and 2. CONTRACTORscas: forunloadinge and! handlingent the Site, Iabor, instnlintion costs, cverhend, profit, ande other oxpenses contemplated fortho nllowances have been includedin the Contract Prico: andnoti int the alowances, mniuodemand! for: addilional payment ond accounl ofn anyo aftho 'B, Pibrtofinlpaymemt, ant appropriale Change Orderwilll Dei issued as recommendeiby! ENGINEER torafiect aclual amoumtsduot CONTRACTOR an accoun!' 'of Worker covered by allowances, and the Contmet Pricc. shall be A. Wherctho Confract) Documentspravidet that all or partoFtho Workis tobeUniPrice Work, initiallythe Contract! Price willl ba deemedt toi Include for ail Unit Price" Work an amount equa! to the sum affhot unit price for cach separately Ideniflind item ofUnil Frice Work limes the estimated quantityof each itemt asi indicatedi int tho Agrecment. Tho estimated quantiltins ofilems of Unitl Frice Warkn caranolg gunraniced: and: are solely for thepurpased afcomparison ofBids and datermining ani initil Conlract. Price, Determinafionse ofilsn aclual quantitiest sniclassificafions ofUnit Prico VetytamlyCoNTRACTOR willl bor maaly/NONERaNatbt the provisions afpragph9,08. B, Each unit price will bec deemed tai include an amount consideredi by CONTRACTORIobe. adequaletocovert cacToAxeiniepm  castinedin uily pricestot tho qunntities agrecd prices  12.01.C.  cosl! breakdown logetherwiths supportingd dala. 11.02 CashAllowances  ius CONRACTOPR: Cost rovided pamg-pi-2.01.0, rCENFRAETOR-efarowchsaient  ork  profibal  followst tay-yeidRs  SYRERPYETSISTA Hafined-icc smagepaiemaietaivute-iaimis tPsteFias PAAA-EENFRAPRACFOResiais beipaneni CONFRAGTORswialle-inepeet tor-cosis incumed umicrpamgrpk bistelairt E:kss-brymiyse aragrapir 44 ouigsiwhmimerliswilhepiriseof Hbikhmiiisi-milatsyiighertirSubsemim neurt md-babahirmin paragr PaitiorbavdiomeriirSabvsiamtor, CCMAETSHmwat-epl-kefhrepeemieflav-mosst Wstawhfsbiiniar Pmyprih9HHilSP pssielyeNPAGPeR- ANSYtresinikis hsramuiaflivartiasariviatiein CBNIRAEINAELyamsiyaivineperenkafsusiat  ner pamgpPU:  foregoingwilll bevalid. comtspndinglyadjpustad 11.03 Unitl Price Work  deereasejand  foro pachs separatelyi identifiedi ilem.  00700-20    OENIRAE  govemmental agencies withj juriictionsl thati theymay empybsshasapalale  have acceks to! tho Site  and the Work: atn reasonablo IAGE Kapecting. andt testing. rgraphs CONTRACTOR: ahall providel lhemj propera anda anfar canditions fors sucha nccess and advise! themo OFCONTRACTORASle: Eafely procedures: and programss So A. CONTRACTORhallhei ENGINEER: timdlymoliavefreadnas: of B, OWNER shail employ and payf for the services ofani  201.Ciemgh!: 12.02 Changa/Contract: Timar  A. TaCaTte may only bec changedb bya Change 13:03 Tosis and Inspections miking thc claim tot tho ENGINEER. and the olherparty to the Contracl in inspection andt tesling personnelt to facilitater Change Orderor ofany Claim for m adjusiment int fhe Contract Times (or Conlract Documents excep!:  Onierorbyn) WritemAmendmenk, Any Claim. fora and adjusimanti int the Contract accordancor with-hheprovisions: ofpangraph 10.05.  Times (er Milestones): shall beb basedo ant written notico: submittedbyt thc party thel Wekir.imgliyai: tests, ora approvalsands ahall coopemte B. Anyaijustment ofthe Contract Times (or Milestones) covered! bya festingl lnbomiorytogerform: alli inspeclions, lesli, arn approvaisn indepenient.  tests. with reqiredhytho  required inspections ort  Milcsiones) wII ho determined in accordance wilh tho proyisions oft this 12.03 ylycomconca A: Wbere CONTRACTORiST preventedi from compleling anyp part offhe Wakwilinth:Cmhat: Times (or? Milestones) duotod delaybayandi thcc control AFCONTRACTOR, the Confract' Times (or! Milestonos) will boc axtendedinan nmounte equaito! thoi 1ima losi dua tos such dolay ifa Claimi ist mada hereforas paruwviteimpargaphi 12.02,A. Dalays! boyond thes controld OfCONTRACTOR shall inplude., but: not! bel limitedto, acts arr neglecth by OWNER; acts arn neglect  Arliclo 12.  1. for inspectians, tests, o: appravals covered by paragraphs 2. that cosis Incurred in connection with tests or conducledpursunnt; fop paragraph 13:04.B allepiupokalhmaa inspections 3. amhapsasyp-laas Contmet.Documenls.  13.03.Cand: 13,03.Dbelow: paragraph 13,04,B; and C,  afutlityowners ord alherc contractors performingo oflier work asc contemplatedby any Work(erpartlhemo): mkytty,hipaasae specificallyioi boi inspected, lested, ar Article7,firs, floods, epldemics, abnormal weathere conditions, orn ncis ofGod, employee or olher represenlative of such publio! body, CONTRACTOR: approvedbynn shall  assume! ftlresponsibility for: amnging: and ohlainingsuchi inspections," lesis, or approvalb,.pay: alt costs inc cannection therowill, andi flumish ENGINERR tho required certifcales ofinspaction ora approval. D. CONTRACTOR. ahallberespansible! for: arranging and incomparatedintae' Work: ara accepinnce olmalerials, mixdesigns, ar equipmentiohe or equipment siibmitted for approval priar to CONTRACTOR's purchass thereof for incorpomtion in the Work. Such inspections, tesis, or approvnis shnl! bo Perlemedbyegamitration: acceplablot ta OWNER and ENGINEER. E. Ifany Work (or the Work oFolhers)! thnt Is tol boi inspected, lested.or F. Uncoyering Wark as provided In paragraph 13.03.E. shnil bo al CONTRACTOR's expense unless CONTRACTOR: has given ENGINEER MTIgpAL to cover! lhes samet and ENGINEER A. Ifany Wekbanedmminybe! thowriltenrequeste OFENGINEER, observations irglsdaCOMTRACTOR, oxpense. B. moneeaihaksg: ord advisablet thato covercd Work boobserved! byl ENGINEER ori inspertedortested! by olhers, CONTRACTOR, AIENGINEEParegus: shall uncaver, expose, oralherwiser makeavailabic! for observation, inspeclion, ort testing as ENGINEER: may require, ihat partion pf the Worki inc question, fumishing ali necessary labor, micrial, and cquipment, IFitisfoundtintsuch Worki isc dofective, CONTRACTOR: shallpay: ail Claims, costs, losses, and damages (ineludinghutnol limitedt ton all eugineers, archilecis, atfomeys, and olher professionnls nnd all court or uncoveriug, axposure, observation, inspection, and' lesting, and ofsntishctary replacement arr reconstruction (including butt not limitedion nll cosis ofiepairor roplacementofwark: ofolhera): and OWNER: shnlll bes enfitiedion nt approprinte daeesoiatimOentma: Price, Ifihop partiest aret unablot tos agreenst tot tho amount thereof, OWNER: mayr maken Claimt therefor 0s providedinp paragraph 10,05. If, however, such Workisnoti foundiob ba dofective, CONTRACTORS shall! be observation, inspection, testing, replacement, andreconsiructin. ifthep exposurv, parlies are unablot tor agrce nst tot tho amount ar exlent thereaf, CONTRACTORmsy maken Claimt thereforasprovidedh inpangraph: 10.05.  12.04  Delays Within CONTRAC7OR*Contral  A. TacmsTastM-ama) willn not! boc cxtended duci 1o delays 12.05 DayhgeMiOABRkeNCOMACTORXGamel A. VA-cONTA.TOAbymat from completinga any! pari oftha Workwidhin theContrctTims  Hiteconirei CONTRACTORssole: ando oxolusiveremedy! fors such dclay.  and required  within-thoc controld dFCONTRACTOR. Delays attributablet tos and withint thc shnlip yalemsihcmadiawl. anyl Inspeclions, lests, ara approvals oblaining control ofa Subeontractor or Supplier shall bed deemed tol bed delaysv withint the for OWNER's: and ENGINEER's: neceplance ofmatcrinls  control OFCONTRACTOR.  MEECONPMETEA, and extensiont oftho Contract Times (or pprovediauveedlyt CONTRACTOR without writtend coneurrenca OFENGI- Milestones): in m amotint equal lo tho time lost due tos such delays shall bo NEE.lmm,Fnmgusiak byENGINEER, bet mcoveredfarkervation. A. Innoc cvenis shni! OWNER or ENGINERR bol linbloto CONTRAC- hasmdiactadwlhrasmalih, prompiness inz response tos such notice,  12,06 DelayDamages afornullingfiom, any delay.  TOR, any Suhcontraclor. any Supplier. ura any otherperson or organizatlun,er  tos any: surdly for ors employee oragento afanyo oftem, ford damnges arisingout 13.04 Uncovering Work  deyramubyermiiairmaiiefeer it must, if rrquested by ENGINEER, ba uncoverer for ENGINEER's  4ON:MAER-ASeMPRAETON umgmi-net strio-irs-lipeis aishmamaker ppsaewPyM  rFESre  HElly-mmrar-a  a8bidg onit rtompems-GONTRLACTOH-IRe mictaractienser mctiontol  ormyuncior  fecs'and chargesof  hwNRipma OR: ACOBPTANCBOPDEPECTIVEWORK 13.01 NotipafDefacts A.  ARTICLE 13- ESIBANDAFICTONECOAECTONREMOVAL arbitration or olher dispute resolition cosis): arising out afarrelating io: such  has ruytmioefalékcihei Workofwhich OWNER or! ENGINEER allowed ani increase ini the Coniract Pricer or ant exlension ofthe Contract Times acttnlkhonyledges willl beg givent to CONTRACTOR, All delèctive Work (or Milestones), or bolh, direclly attributablo to such uncovering,  mayhorajeated, comrecied, ord maepladsprovitedint thisArticlol 13, A. OWNER, ENGINEER, ENGINEER's Consullants, olher praidhsmdpenomai, OFOWNER, imdepenienltesting! Inboratories, and  13.02 Accesstok Work  00700-21    13:05 OWNERMAySigp theWark  respecttotho) Work, and OWNER shal thc ContractPrice, reflectingihe  ropriste decrensein s0 accupted. IEthe  VOL TT  A. IFthe ONTAgTOA. fnilst tosupplysuflicien! parties aret QwNERmayerder CONTRACTOR: los stopt the Work, ora any portiont thercol, until the tause for such arder has been climinated: however. this right of OWNER. tneserisel OWNERIosloptho Worksltallnot giveriseto mny duty ont repartofowNER 13.09 thisrightf foriliel benelit OFCONTRACTOR.: any Subcontractor, my Supplier, any, olheri individual ore entity.ar anysurelyfor, oremplayecaragent 13.06 Corractonorfemonalo fDefectvelWork  skilledworkerso ors suitahler materialsore equipment, or ils.tor peror the Work therefor as uablatoagresa astothea amoun! hheref.OWNE maym makeaClaim insuthawny! thnt thec completed Wark willo conform fot the Conimet Docamchis, recommendalian, provided inj paragraph 10.05. Ifthe accoplance occurs aflor such  an: appropriote mount will be paid by CONTRACTOR to  OWNERMayCorect: Defactiva WVork: A. IECONTRAGTOR: fails anasonable from ENGINEER to corect dufective Work orlo remove nndreplaces rejecled Work.asrequiredh by) ENGINEBR int accordanco with paragraph 13,06.A,orff CONTRACTOR fails to perform lhe' Work in accordance wilh the Confract B. Inexercising therighisa and remedlesunder! this paragrph, OWNER rolated possession afnll orpartofthe Work ands suspend CONTRACTORkervits thereto, laka passession OFCONTRACTOR'S fools; appliances, con- struction equipment and machinery Ati thoSite, andi incorporatei int ths Workall materinls mi squipment siored al the Site or for which OWNER has paid  ofanyoflhem.  withhn:  timo aflerwritten notico  A. CONTRACTOR-shal. correct all. dafectivo Work, whether or not tho Documents, Conlract ori Documents, FCONTRACTOR: fnils loc comply with any olher provision of fabricated, installed, or completed, or, ifthe Work las! baent rejected! byENGI- CONTRACTOR, correct OWNER may, afler soven days written nolice to polsiomilsimialivauie or arbitration ore other disputer resolutian atforcys, casts). and other shall proceed expeditiously. In connection wilh such correclivo and remedial autaforrelatingt fos such correction oF removal (including butnol limitedtoall arising action, owNERmmyexciulst CONTRACTOR: from all orp parlofthe Sitc, take  NEERremove fromt thsPrjertamdrplarei itwith Worki that irnot defective, not'limitedt CONTRACTOR: tor al! hallpayaii.Claims. fees and charges afenginecrs, cosls, losses, architecis, ando damages (inoluding bul  and remedy: anysuch doficienoy.  costs ofrepaird ar replacement ofwork ofothers), 13,07 Corraction! Perlod  A. Ifwithin one ycar afier the dato ofSuhsiantial Completion arsuch CONTRACTORhatwieha OWNER, longer period.oflime as maybep prescribed byLaws or Regulations orbyt the contraciors, OWNERErprumlatives and ENGINEER: eriywy-patllepovisieric oflhe Confract Documenis, any' Worki is foundtobe dufective, arifther repaird ofanydamagest tot the land ora areas mado: availnble for CONTRACTOR'SIRe by OWNER or permified! by! Laws and! Regulations: ns foesand charges of contemplated! In paragraph 6,11.Aisi found labe defective, CONTRACTOR shall, promp!ly: withoul casl to OWNER end in: accordanca with OWNER's alloouric OWNER or ine written instructions: (): repnir such defective Innd or arens, or (li) correcls suck: alyesterpirer: remove and replacs any damaga iooller Work, Price, Ifthe emergencyy when-dolay would cause.scrious risk oflass or damage, OWNER Work ramoved md ruplaced, and al! Claims, cosks, losses, and damnges (including but not limited to all fecs and charges of engineers, urchitecls, resclution casts): tisaingoutafor-miatingt tos such corrction or: repair er such replacement afworkofolhera) willl bopaidby CONTRACTOR. in continuous Survica bofora Substantia) Completion of all the Work, fhe  oros stored oisewhero; CONTRACTOR: shal: nllow agents ad employes,OWNER's: dther righls remediest undert this paragraph. damages (including bul not limited fo ali Changa Order winlt bai issued incorpo- approprinla decressoint the Contruct includebutnol ho limiled tot alle costs of AECONTRACTORMCaaie Work. nol hs allowed ant extension ofthd Contract bccauso OWNER of any delayi in the porformunce oftho Work rowAtRAaps-mirmalst under  term afany: upplicablaspccial, uarenleeregpirdlyt thot Contract Documenis toemblcOWNER loc cxeroiset and tho ENGINBER's and Consullnnts: accesst to tho's 'Site  C. AClaims,casts Iosses, and  arbitralion engineers, architects, ntforeys, and other prolessionnis md or ather dispales resolution costs) bcurred ors suslainedby exercising therights andi remedics uder. Ihis pargraph 13.09.will  dafectiwWaskmr,flho: defectiva-Work hasi beenrejertedby OWNER, remove Hyiglca-ss the  it from the Project and replace it with Work that is not dofective, and (il) rating Work;: andOWNER: necessary shallt rovisions bot cnlilled in the tor Conlract an Documenis wilh respect tot thc lolitoworko ofothers arolher! land ora areas resulting! thcrefrom. IFCONTRAC. OWNER partics ana a unable to agrec as fot the amount ofthe adjusiment, TOR docs not promptly comply with thct terms nfsuch instructions, ori in an claims, cosls, may losses maka and Claim demages fherafor will as! provided inj paragraph 10,05. Sucit may. lave tha defective Work corrected or repairod ar may! have the rejected rpair. removal, arreplacement replacement ofwork ofollers destroyed erd dnmagedbyo correction,  or D. CONTRACTOR shall (or  atfomeys, and ather professionals ad allt court ord arbitration or olherd disputo Timus Milestonas) removal and,t repincement (including lut not limited to ail costs oft repair or thutaiatohseeiahyt this paragraph 13,09.  B, Inspocial circumsiances winenenpartialari itemo ofequipment isplaced ARTICLE! -TAPAN2TOCONTIACTO, ANDO COMPLETION C, Where defoctive "Work (and damnge lo other Work resuiting willserveasthebasisi A. Thoschedulo ofvalues established as provided fnj paragraph: 2.07.A. lliurefrom) hns been corrected or removed and replaced undert this paragraph ofApplicationi for forprogress payments. andiwill bei incorporaled linton  form 13,07, the correction periad herennder with respect to such Work will bc mccountofUnitl Price Payment ncceptable lo) ENGINEER. Progross paymeals on  inthos ATAN Specificallons arb  rn from: and carliert datei ifsop pravided 14.01 Scheduleg ofVales  by. Writian Amendment.  exlended for an additionai periodafonsy yenr afers such corection orremoval andreplncement! hnsl been: satisfnclorillyo compicted, D, CONTRACTOR' obligatfons under (his paragraph 13.07 ars in addition forany ollior abligalion ory warranty. Tayuiaacitapw 13,07s sball not hoc construednsas subsfituto. ford erawaivreflhepowitios: of any applicables statulo oflimitation orrpose, 13,08 McupioneaefDehalve Work A. If, instead of requiring carection or remaval and replncement of defcclive Wark,OWNER (and, E payment, ENGINEER) prefers to nccep! it, OWNER may do S0, CONTEATTORAalpy.t Claims, costs, losses, and damnges (ncluding! but uot'limited! tos all fres ande charges ofengineets, architecis, ntlomeys, ando lolher prafessionnis and all court ar arbitralion ar clher dispula resolution costs) attributable 1o OWNER's evaluation of and determination to accep! such tkihWaithesstos beapprovedb by! BNGINEER as! Doreasomableness) and tho. diminished valuo of the Work lo tho oxtent not alherwiso paid by CONIRACTOR, pursuant lot this senlence. Ifmnys such: acceplance accurs prior issued lol ENGINEER's recommendation offinal payment, a Change Order willl bo incorporafing the necessary rovisions int tho-Confract. Documenis with  Work will bob based ont thtos numbur ofunits compluted.  14,02 Progress-Paymonts A AplealomsprPgpmens: At lonst  20 days bofore fhc dale established for cach progress  payment (bul not mofa ailent than onco: a month), CONTRACTORshall submittol ENGINEER farreview an Application for Paymentfilled out and signedt LyCONTRACTOR: covering the Work completediaso ofiho datoof tha Application and: accompanied1 bysuchs supporting documentation: asis required! byi thn Cantract Documenis. Ifpnymen! is: requested on the basis suitablys afmalerlals stored and at equipmentr the Site or not al incerporatedint mpther location fho Work but delivered and agreed lo in wriling. tho oratherd documentatians forFayments also bot arcompenieibyalil. ofsale, invoice; frcaa and warranling that OWNERE has. received thc: materials and evidence that ilic materinls and approprialo property insuranco or other arrange- tOOWNER. OWNER'sinlerest! theroin, alit pl'whichr mastbomtificiory Application shall includem AIéMerCONTRACTOR Applicalion for Fayment, stalingt tbal ench all  Applicalion! and equipment: equipment! ara covered IciearofallLiens: by menls foprotect 2. Beginmning with tho second  shall:  00700-22    prviousprogress paymentsrecivade ans accotnt ofthe Workh havel becn applied un account lod VOEMTFTORI legitimate obligations nssociated 3. heamaumiofrahinaget withr respect topro-gress payments will I. BNGINEER will. within 0 14 days after recaipt of cach Application for' Paymenl, sitheri indicatei in writing a recammendation of paymentandp presen! the Applicationt to OWNER orratum? the Application CATRATOALN-Avl. ENGINEER's: reasons forrelising larmoemmeipy,mant. Inthel Intfer case, CONTRACTOR: may make1 the necessary corrcctions: and: resubmit the Application. 2. NGNEBRimwmmaian. nfanypaymenlr reguestedinan Applicationfor! Paymenty willo conslitutea areprosentalion! byE ENGINEERE fo OWNER, basedo anl ENGINEER's observations ont tho Site ofthe executed Work as an exporienced and qualified design professionai and on CREDwaApL forPayment and1 thc accompanying data and schedujes, that to the best of ENGINEER's knowledge.  OWNERI has been requindios correct délcctive Workar complete! APAGE727- d. ENONERhs.salsmsprThrummmwdtw, ofthec cvenis aummatdinpangaph. 15.02.A. PaymentBecomes! Due Ten days afler presentation offhe Applicntion for) Payment 1n OWNER ARNOEErsasRA the.a amount recammended will (aubjaetiotiepovisions: ofparagraph 14,02.D)bacome due, and when due willl bepaidby OWNERI to CONTRACTOR .Nasmhnclesou naragranh. fheWork isto bennidf for fom monics reçcived byt the OWNER from ofier gntities(such AS grt funds. lettr-ofcredl.cteln andwhero! 1heOWNER mustT mke ppplicetioni nmisiorslerimmes the OWNER may! inkeun fonnaddilionnl 45 days forpyment los accomplisit said anplicnlion. 1. OWNER may reliso to make payment of the full amount n. olaims have! been mado agains! OWNER on accoum! of CONTRACTOR'S, performance ari fumishingoftha' Work: b; Lienshavaboon filedi inc connection wiht tha Work, axsepl whera! CONTRACTORI has deliveredaspecifit) Bonds satisfactaryio OWNERI0S secura! thos satisfaction: and discharge oFsuchl Liens: theron are ollieri ilens entitling OWNERI ioasel-lfagnin d. OWAERlssmalsmls afthe occurencet ofanyo df thocventse cnumerateding paragrphs 14.02.B:5.a1 irough 14.02..5.. 2, IFOWNER reflises to make payment of the lull amount recommended by ENGINEER, OWNER must givo CONTRACTOR immedinte writtent notico (withac copy to) ENGINEER):talingi tho reasuris forsuchs aclion and promptlypny CONTRACTOR: any amountz remmining after deduction ofi the: amount 501 withlold. OWNER: shall promptly pay CONTRACTORI ther amount: so1 wilhheli, ora anys adjustmen! thereto agreed fo by OWNER and CONTRACTOR, when CONTRACTOR carectslo OWNER's: satisfhetiont thci reasons forsucha action. 3. Ifit is subsequenlly detemmined thnt OWNER's refisal of paymentwnsnot jusiified, thas amount wrmghilyvalhalaal! bat treated as: an: amount dues as dclarminedt by pargraph 14,02.C.1. A. CONTRACTOR warants and guarantees that titlo 1o all Work.  wilipriarApplitatonst for Payment. bossastiplaiedinte Agreemenk. B: RevlarefApplicationt  D. Reductloni inPaymant recommendedby! ENGINEERI because;  informatlon andh belie.  thel Workhasp progressedtot thep pointi indicaled; 3, thoqualityofthe) Warki isg generallyin: nccordance withl lhe Contract Documenis (sulject to an avaluation af.tho Work ns a finctioning, whole prior lo or upon Substantial Complellon, tot the results ofanys subsaquent tesis onlladfori irithe Contract Dasuments. tonfinnid dclenminalion ofquanlities: ande clasifvationsiorUai: Prico Wafkuirpaag-gao0k. and ton any olheregualifications: slatedin C, the conditions pncedent lo CONTRACTOR' being enlitledtosuch) paymen! appeart toh havab bemnf fililledinsol farnsitis NGNEBRsmpaialyl. observethe Work. 3. By: recommending any: such payment ENGINEER. will not thercby! bs deemed tol havo representedt that: () inspections mado! toc check thoqunlily or! thuc quantityo oftho Work: asithns! beant performedhnye boen exhaustivo, extendedtoo overy: nspert oftho Worki inp prograss, orinvoived detualedinspections ofthe Work beyondt ther responsibilities: specifically as- signedtol ENGINEERInle Canimet Dacumenls; ar (i) that1 1beres may: nol boothérmatters orissucsbetweon eparlicst thatr mighle enlitio CONTRAC- TORt tol bo paidz additionnlly! by OWNER ore enlitlo OWNER tos withhold 4. Neither ENGINERRSrwiewefcWAFCONTRACTOR Work for thepurposes ofrecommending pnymentsn nor ENGINEER's: recommenda- tionofanypayment, including! finaly payment, willi impose: msponsibilily on melhods, tecimiques, aequences, orprocudurest ofconstruclion, orthos safely precartions andp programs Incidentihercto, orfor CONTRACTORhiere asertainhow ar! for shatpurposes CONTRACTORI has used thor moncys Wark.malerinls, orequipment lins passedi 1o OWNER fren and cloar ofany  then recommendation).amd  that amount recommended;ar orparagraph 15.02.A.  paymen! to CONTRACTOR.  ENGINEER tos supervise, direct, or control the Work or for iho means, 14.03 caracro.Peraver. no. impase responsibility on ENGINEER to mako any exmmination lo payment frcot and clear ofallL Liens, paiiona qocatmt ofthe Coniract Prica,or todelemmine thatt tidot ton any afthe 14.04 Siuhtanla/Complelion  to comply with Laws and Regulntions applicable lo CONTRACTOR's materinis, and equipment covered by any Applicalion for Payment, whether FaawaAs: saidreview arrecammentiationt will bapantihtaharicmy will passt 100WNER nolaterthant dietimu.af  Licns.  A. When CONTRACTOR considers thn entire Work ready for its Hama-iw#CONTRACTONaat. notiyowNER: and ENGINEER inv wriling  5, ENGINEER: mayrefuset tor recommend thos wholo or any paric of thatthocatire' Warkissulatantially, completo (exceptfori items specificallylisted anypaymen inE ENGINEER's opinion, twouldbei incorrectt tor make tho by CONTRACTOR as incampleta) and request" thai ENGINEER Issus a representations: to OWNER ruforred 1oi inp paragraph 14.02.B.2. ENGI- cerificate ofSubslantial Completion. Promplly thereafter, OWNER, CON- NEER: may also refusel lor recommend any such payment or, because of TRACTOR,and! CRAASAECN Work lod détermino subsequenliy discoverdo avidenca ori the resulis ofsubsequenti inspections or the stalus of complelion, IE ENGINEER does not consider the Work lests,revised orrevcko any suchpaymenir mcammendation, previously made, substantially complats,ENGINEER will notify CONTRACTOR in wwriting tos uch uxtent as mny bos neccssaryi lul ENGINEER's opinion tor protect givingt thor rasons therafor. IENGINEER considers the Wak substantially  OWNER froml loss bocause:  complete, ENGINEER will prepare and deliver to OWNER a tentative cerlificale ofSubstantial Completion which shall fix the dalo df Substantial bec complctedo or correctedhoforpi finalp paymen!, OWNERS simlihavasven30 days after receipl dffhe ientalive certifionto during which to mako writlen  the Work is defeclive, or completed Work has boen Completion. Theroshallbaa attnchedt to1 thec cerlifiente a1 tentalivel list ofitemsio b, lhe Contret Price has becn reduced by Written s-isaioENONUER.mio. mnyprovisions ofthec certificite or allachod list.  damage.rgetingeenetyaemet, Amendmen! or Change Order;  ajections, ENGERméiaiestiatb-Warikiot AemalycosPCONTRAEROA:rmitimg-ststimgtn.  ENGIBER  iyriessdt  O  00700-23    NA  ENGINE  2. Thafinal Applicatipn speioulyialve)lyi ba connection witht the Work. 14,07.A.2 3. Ialicuoflonlenses and as  pocompanied (excvp! Aforinthe Conimet  XXCMMESA: taHw ifiritiveserfifeniee eleciingameircimm vrtasiveatfiss biaiTeNN -hr-irthve-etifeartfisis-dF-uibiani Compiction A orotregpomsvit ingimigymmtbeine  Documeris. includingbulnal limitedioi the evidence ofinsuraneer nquired by subparagraph 5,04.B.7: (i) consent al" the surety, if any. lo final paymenl; and (H) complete and Iepally effecliva relenses or Waivers (satisfaclery! to OWNER)ofal!! Lien rights: arising out'oforlierst tiledin receipls orr relanses ini Full: and, an affidavit OFCONTRACTOR: that: @lhe reltases sandreceipisi includo all! Inbor, services, material,: ando cquipment for whichaLient couldt boi filed; und (i) allpayrolls, maferial md equipment bills, and clheri indchlecness conriected with tho Workforwhich OWNER or OWNER's properlyt might inuyy way bo responsiblel have! been paidor release olherwisesfislied: or in.f Ifenys Subcontractor ar Supplier_fallsto! firmishs sucha revcip! fili, CONTRACTOR may. fumish a Bond or olher aishylpOwAERivihemlyOWAE agninst anyl Lien. 1, Eed-aoneew ofthe Wark during Applicalion construction for and fmnal inspection, and and ENGINEER's review ofihe final Ihe Contract Payment: aucompanying documentation: asr requiredh by. and Documents, ENGINEER is satfsticd that the Work has hecn completed Documonts! havebeent CONTRACTOR'S olher obligations umder lho Confract receipt of thc final fulfilled, ENGINEERwilI, far ENGNERArmsmeataien Application Payment, indicate n writing FaymeLIDOWNER: fort paymen!, Althesame tima ENGINEER will: also give writter motico fo OWNER and CONTRACTOR thnt the Work is meceptablo ENGINEER subject willrclum! to (he provisions of paragraph 14.00. Otherwise, writing! tho rensons thc Application for Payment io CONTRACTOR. in indientingins which case. CONTRACTOR shailt for relising! makc lor dic recommend. final payment,  CN HOTOR  inicnan chcaitlint OHANBRmiGONFRAS UMNCINEERE  ngprior Ne bsimnlial-e  or waivers ofLiens specifiod in paragraph approved by OWNER, CONTRACTOR may fumish.  soesifrscrmesiation   B. OWNER shall" 'have tho rightt to oxclude CONTRACTOR from the Sito afler the dnle.nfSubstantia! Complelion, bur OWNER shall allow CON- TRACTOR: masonable acccsst to completo arcorect items ont thot lentative list. A.  part ofihe Work which! has specifically! been! Identifiedi in thet Contraci Docu- maikervhOwNER, ENOINEER, and CONTRACTOR: agrec constitutes u separatoly funclioning and-t -usable part of tha Work fhat can. be used by OWNER for its intended purposo without significan! inferlerenco will CONTRACTOR's performance df titc remainder of thc Work, moy be aecomplished prior lo Substantial Comploliou ofall the Works subject to tho 1. OWNER at any limet 7OTREs to permil OWNER to use any such part of the Wark which OWNER bellovas to be ready for ils intended uso nnd suhsinntially complcte. IF CONTRACTOR agrees that such part of the Work is suhstantjally complete, CONTRACTOR will certiytoOWNER: and ENGINEER: that suchparioftha Work bsathatantialysomplais: andr request ENGINEER1o CONTRACTOR nt any! lime may nofifyOWNER, and ENGINEER in ACOTAcTON-aT ilsinlendeduse: and: substantinily compicto anysuchpart andt reques! oflha' ENGINEER: Workready toi issue for acertificate ofSuhstantial Complction for that partofthe Work, Wilhina reasonable-fimo afler cithers such requesl, OWNER, CONTRACTOR, and ENGINEER: shnll mkoari! inspection ofthatp part afthe Wark! lor determine lts: status ofo compiction. IFENGINEER does notc considert thaty parl ofthe Work.tol be substantially complele, ENGINEER will notfyOWNER: and monics reccivad bythoOWNER ofparagraph 14.04 will apply withs respoct fo cortification ofSubsimnlin! mmplicntion. Complelion ofthat part ufthe Work andi ilo division ofresponsibility in 2. No occupancy ors separale operaliono ofpart ofthe Wark: may  14,05 Parttal! Ltllization  B. ReveirdfApplicatont andAcceptance  withinten 140 days afler  fallowing conditions,  ofpayment andpresent the Applicatlun for  resuhmitt thc Applicatlon! for  necessary corrections and  Paymenk.  issue a certificate ofs Substnnlial Completion for thal part oft the Work, G. PeymentBecmeDuc  1. Tay4yateyemaianie OWNER oftha Application byENGINEER forPayment and: willl accompanying become dua: documentation, and, when tho amounts recommended  IOCONTRACTOR.  duc, willl bopaillyOwNER Work istohonaidf for From  2.Nolvilstaninylios ahovenergpl, iftho  CONTRACTOR in writing giving thet reasons thorufor. IFENGINEER where fho OWNER must mokennnlicntion (such as grin! ins fimds. Telter-ofcredit, receivasaid ele.)and considersthaty part Loftho Wotk tobes substanlially compicte, thoprovisions OWNFRmVlkempibi an additionnl 45 dnys arderlor fors naymen! fo accommlishmaid Imonies.thne  respeti thercofand: access thereto, grdagpepaylnuma. 14,05 Final, Inspaction  14.08 Final Complatoni Delayed A. TitamuphmolailefcoNTRACTOR/imal, FPMACONTRACTOR-RaI Applienlion for Piyment and recommendation OfENGINEER, and without torminnting the Agrocment, mko payment ofthe bnlance due fort thaly portion ofthe Work fully complcted anda nocepled, Ifthc  ocour prior to complianco with fho requirements of paragraph 5.10 issignificmly dolayed, and FENGINEERsO conlirms, complelion OWNER ofthe shall. Work upon A. Upanwrilemnotiaafoni CONTRACTOR: that tho entire Warkoran remaining corrected is! halanca Ioss 1han to the be held retainago by OWNER for Work the not fully compicted and ifBonds or agrocd parlion thercofis complete, ENGINEER will promplly make ai finni have bcen fimished as required inj stipulatedin paragraph 5,01, tha Agrecmenk; writien.consent inspeclionwith OWNER: ImCCONIRACTOR. and willz molify CONIRACTOR strely to tho payment of'the balanco duc for lhat in wrifing,ofaliy partioulrs in whici fhis, inspcction reveals that Mto Worki is completedand: --oMieN portion ofte-Work tol ENGINEER Filly.  ofihe  incmpldaord-fativae CONTRACTOR shalli immediatelylakesuch: mossures withtie Application  Suchp  bomada  as: are: necessaryt to compictet such Work ort remedys such deficiencias,  fems: ando canditions forsuchpayment. governing final payment, paymen! cxoepl.ftalitshell: shalll noke constiluto under! tho A. Themkingand acceplanca offinaly payment willd constilule: 1, waiver-oFall Claims by OWNER ssgChensutingfunt unselllod Liens, from defectiva' against aller finli inspection pursunn! tor with the Conlract Doouents or mrgraph the terms of any speciai fniluroloc guaranlees comjly spocificd lhercin, or from CONTRACTOR's continuing ths Coniracl Documents; and  14,07 Final. Papment A. ApplieationfrPepment  awaiverdfClaims, 14.09 WaveroClaims  I. After CONTRACTOR has, in the opinion of ENGINEER, slsfatatiyrmpletaial corroctions Idenlified duringt the! linal inspection and has delivered, ins accordance with tho Contract Dacuments, all: main- tenanceandc gmigulasstat, guarantees, Bands, certificnles cralherevidenes afinsurance cerilfiealesdfimpaction, marked-upr record documents(is providedi inj paragraph6.12). and olher documents, CON- TRACTOR may make epplication for finai payment Following tho  CONTRACTOR, 14.06,from! Work appearing under obligations  proccdure forp progress paymenis.  00700-24    2.  allhips by CONIRACTOR. against OWNER  2. farepenses suspineserin inperiomingstrviess and AG  entiys dato af fermination or equipmenlnsre-  otherthan! VOLTT ares still unseifled, ABTICLPI-SUPENSION OF1 WORK AND TERMINATION 15.01 OHNERMep.upon.. Work  quiredbythe Contract Dopuments! inc conneclion wilh uncomplotod Wark, plus fair and: roasonablos sums ford overhead andy profi ons such exponses; 3. for ull cinims, çosls, losses, and damages (including bul not limitodfo: all foes and: chargescfengineers; architecis, atlomeys, and olhor professionnis and: all court or arbitration or other dispula resplution casts) incurred hn setlament of terminated contracts witl: Subcontracion. forreasonablc caponscs dimelilyatuributabletot B. CONTRACTOR: shall na! bo paid an account oflessdfantieipaled 15.04 CONTRACTORMysloP. WorkorTermmate  A. Aiany! time and without cause, OWNER may suspondt the Mork or mypartioni thereoff fora period ofnot more thans 90 conseculive dayst byr nolice AAgUCONTACTORa ENGINEER whichy will fixthodate an which Wokv wilberesumed, CONTRACTOR shallr resume fho Work ont the daleso fixed, CONTRACTOR: shalll bot allowed: ant adjustment in tho Contraci.Price ar aICoNTACTOhwiaN Claim-herelor pSI providedi inp paragraph terminntion.  Suppliers, ando alhers; ad  femmination.  an estension afthe Contract Times, orl bolh, directly attributablc to any suoh profits or revente or other cconomin loss arising out afor rsultingirom such  10.05.  15.02 omsRiyTaahiprcam: termination! fure cause:  A. Ilinughmpate-huitafCONTRACTOR, tha Work is suspunded other publio authorily, ar ENGINEER fails to zct on any Applicalion. for Paymentwilin30t daysa aeritissubmited, OrOWNER fntlsfor30 dayst to pay  A. TasdisysuslNt fallowing evenls willjustify far moro than 90 cansccutiva days! by OWNER or under an order ofcourt.or I, CONTRACTOR' persistent fnijure to perform the Work in CONTRACTOR any sum findlly deterined fobe due, thèn CONTRACTOR accordance with the Canfraci Documents (including. bul no! limited lu, may, upant sevens dayswitimnnolicei to OWNER and ENGINEER, and provided Fnilure los supply, sulficients skilledi workers or: suitahlematerinls ar uquip- OWNER ar ENGINEER don notremedy: such suspension ur fnilure within that men! ar failure to adhere io thu progress schedule established under time, 1erminato! the Conlract and recover from OWNER payment on 1he samd Pamya207anduadient timot to1 time pursuant top paragraph6.04): terms as providedi inj paragraph 15.03. In! lieu afterminntingihe Contract and 2. CONTRACTORalagnt ofLaws or Regulalions oFnny unan_Application: for Paymenl within 30 days afler itiss submilted, OPOWNER 3. CONTACTORArgateinarmsamly-fnGRER: ENGINEER, stop. the Work: unll! payment ismade of all such amounts dus A. CONTRACTOR' violation in any substantinl way of any pargmph 10,051 foranndustment in Contract Price ar Contrac! Times or ather-  withoul prejudico to: any other right arremedy, IFENGINEERhas! fniledt toset Is! faledfor30dayst taj pay. CONTRACTOR: anys sm finally determinedi tobc due, CONTRACTOR may, soven days afler writlen notice to OWNER an CONTRACTOR, includingi interesi1 thercon. Thej prvisions oFihispamgraph 15,04aronot! Inlendedio precludo CONTRACTOR: fromi makinga Chim under wiseforexpensest ordamage dircctly attributableio CONTRACTOR-sopins  alieiaymiaglwisiaia:  ar  provisions ofthe Contraci Documents,  the' Work: asp permilted! by 1his paragraph.  B, Ifone art nore cFthe evenls identified inf paragraph 15.02.A. occur. writampirateminatet thesarvices CFCONTRACTOR, exeludo CONTRAC- TOR from tho Site, and take possessian df tha Work. and of all tho silc. and use (he same to the fI extent thoy could be used by CONTRACTOR (witloul linhilityto CONTRACTOR: fortrespnsy ard conver-  OWNERmay, AleEMRgCONTRACTOR (and the surety.ifany): scvend days ARTICLE IG-DISPUTEI RESOLUTION CONTRACTORlak,. applianccs, construction' cquipment, andt Imachinerynt 16.01 Mathods andProcedures  A. Dg.israshsiammstiaam4, procclures, ifany.s shall bo as: set forth  sicn), incorpornte int the Worka allz materigls and equipmentstored: at the Sife or dsyhusiayCailiws Ifnor mclhod: land procedure has been sct forthi. forshiehoWNER: lus paid CONTRACTOR bul which ar stored eisesyhere, mistjatotispuisoan: ofparagrophs! 9.09 and 10.05. OWNER and CON- and. linish le Work a OWNER may deem expedient. In such case, TRACTOR may exercises such righis orr remedics aseither mnyo otherwise have CONTRACTOR shall not) hac entitled! lu reusiye any further payment until the under the Contract Documents or by Laws or Rogulntions ins respect ofany  Warki isfinishned, Ifthe! tmpaidbalanca afthe Contract Pricoraxceeds all cinims, dispute. costs, losses, and damages (includingbulr not limitedtoni! Fecs and charges aF engineers. architeuts, nltoreys. and alher professionals and all court or of or relating to compleling tho Wark, such excess will be paid to. CONIRACTOR Isudxelaims,csts, Iosses, ando damages excceds such upaid costs.. losses, and damagus incured by OWNER will bo reviewed by ENGINEERnsto theirreasonableness: and, when Bo approvedby ENGINEER.  arbitmlion. or ather dispute resolulion casts)s sustained! by OWNERarising out AMTICIBT-MIRCEIANEONS balanee, CONTRACIOR: shall, pay the diference to QWNER. Such claims, 17.01 GivingNotice  A. Whencvera anyr provisionofhe CminutDocumenis: requirest iho giving corporation for wiom hisi inlended, ori ifdelivered: nto or sent by registeredor certifiedmail, pastageprepnid,t tot the Jast business adiress! knownt to thop giverof A. Whmnanyperioiaftimei isreferedioi int tho Confract Documents by days, it willl ba computedi for axcludo the firsl and lincludo the Inst'day ofsuch period. IFthalast day ofany suchp period falis onns Snturdayers Sundnyor onn daymmioalg.thaliayl bythol law ofthor aplieablejurialiction,: such-daywill A. Thoduties: and obligations imposed by lhese General Conditions and remedics avalloble to nny ar all of them which arg alherwise imposed ar  incorporatedina Change Order. When ckercising any righiso orr remedies under ofwritlen notice, iLv willl be doemed tol hava" hoen Validly given ifdelivered in this paragrapl OWNER: shnll nol bo requireiio oholainthelowastpricei fori the person to tho individual or1 to B member ofthe firm or 10 en officer ofthe  Work performed.  C. Where CONTRACTOR's services' Tnve hecn 8o lerinated by thenotice. OWNER, the fermination will not affècl any rights or remedics of OWNER against CONTRACTOR: fhen existing'or whichr may thereafler accrue. Any 17,0Z Computation ofTimes reienlion ar payment ofr moneys de CONTRACTOR by OWNER will: nol reicase CONTRACTOR: from! linbilily. 15.03 OHNERMApTermnale. For Convenance bepaid(vithout duplication ofanyi itoms);  A. Uptsméymitanataet lo CONTRACTOR. and ENGINEER, hoc cmittedf from the computntion. dFOWNER, ciettotemmimatallot Contract. Insuch case, CONTRACTOR-hal 17.03 CGumlativel Remedias  OWNERmay, withould causan ands wilhout prejudica to: any otherright orremedy  I. Parcompleiciinnin lacceplable Work execufedi inn accordancewith lhorighismmdremedis: available! hereundort tol hepartiesherelo: are in: nddilion thoContracI Documenls priort to't the affective datos ofiermination, inoluding lo, and nro not to bo construed in any way asal limitation af, any rights and  fairand reesannble: slims for averhead: and profit ons such Work;  00700-25    nvaiiabiobyLaws mpply.  lyspecial Wurtanlyorg guarantee, orby olher  provisionso ofiho &0 Oc hcls, andi thej provisions oflhispamgraphwil be ns effective as # repsatad specillcally in the Coniract Dacuments in connectionv witho eachparticulardty,: obligallon,right, mmiremméytovaiehtiy A. Alirepresentations, indemnilications, warrantics, and guarantecs meds in,ruqyinedly.org giveni in: eccordance witht ihet Contract Documents, ns well: as allconlimuingo phtipationsintientedi in the Conlract Documents, will surviva finni payment.cmpletion, md accoptance oftho Work or fermination or completion A. This Coniract istob be govemad byt tho Iaw ofthos stnfo in whicht tha  PAGE 730  17.04 SurvvalefObligation:  ofthe Agrecment. 17,05 Controllngiap Frojecrislocatod.  00700-26    VOL TT  PAGE 731  SUPPLEMENTAL GENERAL CONDITIONS  SC. 1.01 DEFINED TERMS  The terms used in these Supplementary Conditions that are defined in the Standard General Conditions of the Construction Contract haye the meaning assigned to them in the General Conditions, except for the terms "General Requirements." The term "General Requirements" is not applicable to fhis Contract, and items referenced as appearing in that section will be located in  the Technical Specifications or these Supplemental General Conditions. Thet term "Substantial Completion". is further defined as: follows: Substantial Completion - Additional Clarification  The project shall not be considered Substantially Complete until the following minimum 1) All major individual items of construction must be sufficiently complete in accordance with the Contractl Documents so fhat thei individual item ofo construction can be utilized: for Required tests, such as air, hydrostatic pressure, water tightness, compaction, and others, including trial operating tests, as outlined in the Technical Specifications must be successfully completed. Any items that fail any ofthe tests must be corrected and: retested. 3) A preliminary final inspection must have been requested by the CONTRACTOR and, allowing adequate time for the presence of all necessary parties, conducted by the ENGINEER. Such prefinal inspection must show that 1 and 2 above have been accomplished. The punchlist developed at the prefinal must not contain any major  conditions have been met:  the purposes for which it is intended.  2)  deficiencies.  As ofthe date that items 1 fhrough 3 above have been completed, the ENGINEER shall issue the Certificate of Substantial Completion, which shall act to initiate the guarantee period and to stop the assessment of additional liquidated damages (if the agreed-upon time has expired) as oft that The Certificate shail provide a mutually agreed upon reasonable period of time: for completion of the punchlist items, and failure ofthe CONTRACTOR to complete thej punchlist items within this period shall be cause for fhe OWNER to reinstate the withholding of liquidated damages in the  date.  amount and under the terms previously specified in the Contract,  Supplemental Conditions Page1of12    VOL TT  PAGE 732  Addt the: following definitions: Term Definitions  The word "Approved" means to give limited, or conditional, or qualified permission to use material, equipment, or methods, the conditions being in strict compliance with contract document The words "Furnish", or' "Install," or "Provide" mean to supply, make available, place and/or fix The word Inspection" means to make general, periodic visual observations of the material and installation, but not detailed continuous, or specific analysis of the same. The ENGINEER'S inspections are only a periodic, cursory construction review, and the CONTRACTOR is solely  requirements.  intop position. These words are usedi interchangeably.  responsible for compliance with the Construction Documents.  SC3.03  Addi the following language ati the end ofparagraph 3.03 ofthe General Conditions:  In case ofconflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govem over scale dimensions, and detailed drawings shail govern  over general drawings. SC3.04  Add the following language as paragraph "C".  These ContractDocuments shalll bes supplemented by fhe' Texas Department ofAgriculture General Conditions (TDA) - Part: I for Construction contained in the Appendix hereto. Where there are differences in the level of requirements between the TDA General Conditions and the EJCDC General Conditions, thei more mmpetemsteerrstictine: condition shall apply. Where conflicts accur between the TDA General Conditions and the EJCDC General Conditions that are not addressed by other Supplemental Conditions, the ENGINEER shall provide clarifications and  interpretations per GC9.04. SC4.02(A)  Addi the following language at the end ofparagraph 4.02(A) ofthe General Conditions:  Subsurface Conditions  The CONTRACTOR is hereby notified that the OWNER has not conducted subsurface soil investigations within the area in which the project is tol be constructed. It shall be the CONTRACTORS sole responsibility to determine to his satisfaction the subsurface condition of the soil. AIl excavation is considered incidental to-the amount bid for other  Supplemental Conditions Page 2 of12    VOL TT  PAGE 733  items, and there shall be no additional allowance forrock excavation, or for unstable soils,  ffencountered.  SC4.03(A)  Add the following sentence at the end ofparagraph 4.03(A):  Discovery ofu underground facilities at or contiguous to the site, which are: not shown or indicated in the Contract Documents, or which have been mislocated by their respective oWners, shall not be grounds for increase in the contract price, except that, for unit price contractors, payment shall be adjusted for increased or decreased constructed units of the various bid items resulting from realignment or rerouting, ifsaid realignment orr rerouting is deemednecessary by the ENGINEER.  SC5.04  The limits ofliability for the insurance required by paragraph 5.04 ofthe General Conditions shall provide coverage for not. less than the following amounts or greater, where: required by Laws and  Regulations:  Worker's Compensation Applicable Federal (g.Longahoremants) Employer'sLiabiliy: Bodily Injury by Accident or Disease, each employee Aggregate  Statutory Statutory $500,000 $500,000  -  Comprehensive Commercial General Liability:  1. Bodily Injury, including completed operations and products liability:  $1,000,000 $2,000,000 Property Damage: $1,000,000 $2,000,000  Each Occurrence Annual Aggregate  2.  Each Occurrence Annual Aggregate  Property damage liability insurance will provide explosion, collapse, and underground  coverages, where applicable.  3.  Personal Injury, with employment exclusion deleted:  $1,000,000  Annual Aggregate  Supplemental Conditions Page 3 of12    VOL' TT  PAGE 734  Comprehensive. Automobile Liability:  $1,000,000 Combinedsinglel limits per accident, as respects all owned,non-owned, and  hired vehicles Contractuall Liability: than the: following amounts: 1. BodilyInjury  The Contractual Liability required by the General Conditions shall provide coverage for not less  $1,000,000 Each Occurrence $2,000,000 Annual Aggregate  2. SC5.11  Property Damage $1,000,000 Each Occurrence  Workers' Compensation Insurance Coverage  A. Definitions:  Certificate of coverage ("certificate")-A copy ofa certificate ofinsurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCCB,erTwCC8A, showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the Duration oft the project-I Includes the time from the beginning of the work on the project until the CONTRACTORSpemons work on the project has been completed and accepted Persons providing services on the project ("subcontractor" in 406.096) - Includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken toj perform on thej project, regardless ofwhether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent CONTRACTORS, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply  duration oft the project.  by the governmental entity.  deliveries, and delivery of portable toilets.  B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the  Supplemental Conditions Page 4 of12    VOL TT  PAGE 735  statutory requirements ofTexas Labor Code, Section 401.011 (44) for all employees ofthe CONTRACTORpoing services on the project, for the duration ofthe project. C. The CONTRACTOR must provide a certificate of coverage to the governmental entity D. Ifthe coverageperiod: shown on the CONTRACTORS current certificate ofcoverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a: new certificate of coverage with the govemmental entity showing  prior tol being awarded the contract.  that coverage has been extended. provide to the governmental entity:  E. The CONTRACTOR shall obtain from each person providing services on a project, and  1)  ac certificate of coverage, prior to that person beginning work on the project, sO the governmental entity will have on: file certificates of coverages showing coverage for all pesonspuvidingsemvices on the  project; and  2) no. later than seven days after receipt by the CONTRACTOR,anEw, certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends  during the duration ofthe project.  F. The CONTRACTOR shall retain all required certificates of coverage for the duration of G. The contractor shall notify the governmental entity in writing by certified: mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services  thej project and: for one year thereafter.  ont thej project.  H. The CONTRACTOR shall post on each project site ai notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that fhey are: required to be covered, and stating how a The CONTRACTOR shall contractually require each person with whom it contracts to  person may verify coverage and: report lack of coverage.  L  provide services on aj project, to:  1) provide coverage, based onj properi reporting gclassification codes and payrollamounts: and filing ofany coyerageagrements, whichmeets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all ofi its employees providing services on the project, for  the duration ofthe project;  -  Supplemental Conditions Page 5 of12    VOL1 TT 2)  PAGE 736  provide tot the CONTRACTOR,; prior tot thatj person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services provide the CONTRACTOR, prior to the end of the coverage period, ai new certificate ofcoverage showing extension ofcoverage, ift the covérage period shown on the current certificate of coverage obtain from each other person with whom it contracts, and provide a) a certificate of coverage prior to the other person b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ofcoverage ends during the duration oft thej project; retain all required certificates of coverage on: file for the duration of  on thej project for the duration ofthe project;  3)  ends during the duration oft the project;  4)  tot the CONTRACTOR:  beginning work on the project; and  5)  the project andi for one year thereafter;  -  6) notify fhe governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of change that materially affects the provision of coverage of any person providing services on the project; and comtractualyrequire: each person with whom itc contracts, tol perform as required by paragraphs I)-7), with the certificates of coverage tol bej provided to the person for whom they are providing services,  7)  J. By signing this contract or providing or causing to be provided à certificate of coverage, the CONTRACTOR is representing to the governmental entity that all employees ofthe CONTRACTOR who will provide services ont thej project will be covered by workers' compensation coverage fort the duration ofthej project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil  penalties, or other civil actions.  K. The CONTRACTORS failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to  Supplemental Conditions Page 6of12    VOL TT  PAGE 737  declare the contract voidi ifthe CONTRACTOR does notremedy thel breach within ten days after: receipt ofnotice ofbreach from the govemmental entity.  SC6.02  Add the following sentence as paragraph 6.02, to read as follows:  The CONTRACTOR shall: reimburse the OWNER for any overtime compensation required to be made to resident project representative due to CONTRACTORS working hours before 8:00 a.m.  or after 5:00 p.m., or on Saturday and Sunday.  SC6.05  Add the following sentence to paragraph 6.05B.  Reimbursement shall also be included for services from the ENGINEER or the ENGINEER'S Subconsultants required to modify and coordinate construction documents prepared by the  ENGINEERreiating to the proposed substitution.  SC6.10  Delete paragraph 6.10 in its entirety and insert the following in its place:  The OWNER qualifies for exemption from State and Local Sales Tax pursuant to the provisions of Title 34, Part 1, Chapter 3, Subchapter O, Rule 3.322(c) Texas Administrative Code. The CONTRACTOR may determine the extent of exemption and proper method for claiming same by contacting the office oft the Texas Compfroller ofPublic Accounts at 1-800-252-5555.  SC6.13 Construction Safety  The following language is added at the end ofs Section 6.13:  In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, and supplies; and: for the performance of this Contract; the CONTRACTOR will comply with all pertinent provisions ofthe "Occupational Safety and Health Act of1970" (84 Stat. 1580; 291 USC. 650 ets seq.), with special attention given to "Part 1926, Subpart P - Safety and Health Regulations for Construction", found in 36 F.R. Number 75,Part II ofthe "Federal Register" dated April 17, 1971, and 36F.R. 25232, December 30, 1971, and 54 F.R. No. 209 dated October 31, 1989, and to CFR 1910 146 pertaining to work TheCONTRACTOR: will maintain an accurate record of, and will report to the OWNER, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and/or damage to property, materials, supplies and equipment incident to workperformed under this Contract.  in confined spaces.  Supplemental Conditions Page 7 of12    VOLTT  PAGE 738  The OWNER may notify the CONTRACTOR of any  provisions. The CONTRACTOR shall, after receipt of such non-compliance notice,  with the foregoing representative ati thesite of  conditions. Suchnotice, when delivered tot the CONTRACTOR or his immediately correct the  the work, shalll be deemed: sufficient for the  purpose.  The CONTRACTOR shall indemnify and save harmless the OWNER and the  any claims for damages resulting from personal injury and/or death suffered or ENGINEER from been suffered by any person as ai resuit of any work conducted under this Contract. alleged to have  Compliance with these safety provisions by subcontractors will be the These drawings and specifications do not, except to the extent necessary to of the 1989 Texas Legislature (relating to trench excavation), include comply  CONTRACTOR.  responsibility of the  with HB 1569  construction safety. Itist the  necessary provisions for  standards liable.  CAMTACTOASPApN, tos seet thatall  are complied with, and that the site of the work is safe. The OWNER govermentsafety exercise his  rights outlined above, but failure of the OWNER to exercise these rights shall may not relieve the CONTRACTOR ofresponsibility, nor shall it make the OWNER or the. BNGINEER,  in any way Protection if  A bid item has been included on the bid schedule for Trench Protection Requirements, the ENGINEER feels that there will be any trench excavation greater than 5: feet in oftrenches less than 5: feet in depth will be considered ani incidental item ofwork. depth. The bid intended to compensate for excayation protection requirements on trenches, as well as structures item is such as lif stations, manholes, bore pits, and similar non-pipeline excavations in excess of five feet deep. The OWNER has no specialshoringr requirements beyond those ofstate and: federal law The CONTRACTOR hereby warrants and assures the ENGINEER and the OWNER that he will comply fully with the requirements of Subpart P, Part 1926, Safety and Health Regulations, as applicable to this CONTRACT: 'and further agrees to, and will, indemnify andi hold the ENGINEER and the OWNER entirely harmless of and from any and all claims, demands, causes of action, or expense of any kind or nature whatsoever arising out of or in any way related to the failure ofthe CONTRACTOR or any other subcontractor to comply strictly with said: requirements.  and: regulations.  SC13.07  Addi the following paragraph to section 13.07 ofthe General Conditions:  The ENGINEER and OWNER shall: make a warranty inspection during the twelfth month ofthe 12-month warranty period and will: notify CONTRACTOR ofany defective work. Further, in the event the CONTRACTORS performance and payment bonds are to expire prior to the time the reported defects can be corrected, then said bonds shall automatically be extended, without action ornotice: from the OWNERorhis: agents, until such time as thej project defects are corrected. any  Supplemental Conditions Page 8 of12    VOL TT  PAGE 739  SC14.05  Texas Department of Agriculture General Conditions - Part If for Construction, item 30 - Partial Use of Site Improvements allows the OWNER to give notice to the CONTRACTOR to place improvements in use. While consulting with the ENGINEER and CONTRACTOR is not required under item 30,iti is recommended that the OWNER consider such before allowing the use ofany improvements to ensure the improvements are substantially complete and ready for its intended  use.. All other certifications and: requirements ofGC 14.05 are in place.  SC14.07  Add a new paragraph to section 14.07 ofthe General Conditions to read as: follows:  The CONTRACTOR shall deliver to the OWNER a fully executed original copy of' "Release of Liens and Acknowledgement of Final Payment Due" form, "Release by Subcontractors and Suppliers"form(), and "Consent ofSurety to Final Payment" form, included herein.  SC15.02(B)  In order to comply with the Texas Depariment of Agriculture General Conditions - Part I for Construction, the OWNER may, after giving CONTRACTOR (and the surety, if any) ten davs written notice, terminate the services of the CONTRACIOR, including all other conditions  included in GC15.02(B). SC17.06  Limitation ofLiability  Add the following paragraph following section 17.05 ofthe General Conditions:  The CONTRACTOR is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the bid documents for this contract. He has carefully reviewed the drawings and specifications and has found them free ofa ambiguities and sufficient for bid purposes. Further, he has based his bid solely on those documents notrelying in any way on any explanation or interpretation, oral or written, from any other source, Having assured himselfofthe adequacy ofthe documents and the accuracy ofhis bid, the CONTRACTOR agrees (and shall require his subcontractors to agree) to limit the liability of the Design Professional (Hayter Engineering, Inc. its professional employees and subcontractors) and the OWNER for profsionlmegligencs, errors or omissions ofthel Design Professional to at total aggregate sum of $100,000 or Design Professional's total fee for services rendered on this project, whichever is greater. The CONTRACTOR does not assume any liability for damages to others caused by the  professional negligence, errors or omissions ofthe Design Professional,  Supplemental Conditions Page 9 of12    VOLTT  PAGE 740  SC17.07.1  The following paragraphs are added to the General Conditions as special requirements of the  Office of] Rural Community Affairs: COMPLIANCE WITH. ARAND WATERACTS  In compliancev withi the Clean AirAct, as amended, 41 U.S.C. Sec. 7401 et, seq., and theregulations ofthe Environmental Protection Agency with respect thereto, the Contractor agrees that:  1. 2.  Any facility to be utilized in the performance of this contract or any subcontract shall not bea a: facility listed on the EPA List ofViolating Facilities pursuant to 40 CFR15.20. He will comply with all requirements of Section 114 ofthe Clean Air Act, as amended,  EQUAL EMPLOYMENT OPPORIUNITY  A. The Contractorwill: notdiscriminate against any employee or the applicant for employment becauseofrace, color, religion, sex, ornational origin. The Contractorwill take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shail include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates ofpay orother forms ofcompensation; and selection for training, including apprenticeship. The Contractor agrees to posti in conspicuous places, available to employees and applicants  for employment, notices to be provided by the owner.  B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment withoutregard to race, color, religion, sex, or national origin.  C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or  subcontracts for standard commercial supplies or raw: materials.  D. TheC Contractor shall take affirmativeactions to ensure equal employment opportunity. The evaluation ofthe Contractor's compliance with these specifications shall be based upon its Contractors are moungedliopatcpteinyvalmtiyssodlations which assistinf fulfilling  efforts to achieve maximum results from its actions.  E.  their affirmative action obligations.  F. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both  minority and: non-minority.  Supplemental Conditions Page 10 of12    VOL TT  PAGE 741  G. The Contractor shall not use goals and timetables or affirmative action standards to discriminate against any person because ofrace, color, religion, sex, or national origin. H. The Contractor shall not enter into any subcontract with any person or firm debarred from  govemnment contracts,  L  Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of  requirements for the hiring oflocal or other area residents. AFFIRMATIVE ACTONPORIANDICAPFAD WORKERS  The Contractor will not discriminate against any employee or applicant for employment because ofphysical or mental handicap in regard to any: position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employmemépromotion, demotion ortransfer, recruitment, advertising, layoffortermin.tion, rates ofpay or other forms of compensation, and selection for training, including apprenticeship. SECTION 109 OF THE HOUSING AND COMMUNITYDEYDEVBLOPMENT ACT OF 1974 Nop personin the United States shall ont the ground ofrace, color,national origin, ors sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under fhis title. THE PROVISION OF LOCAL TRAINING, EMPLOYMENI, AND BUSINESS A. To the greatest extent feasible opportunities for training and employment be given lower income residents oft the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by  OPPORTUNIVIES  persons residing in the area ofthe project.  B. The Contractor will include this clause in every subcontract for work in connection with  the project.  NON-SEGREGATEDFACILITIES  The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services atanylocation, underhis control, where segregated facilities aremaintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and their eating areas, time clocks, Iocker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,  )  Supplementai Conditions Page 11 of12    VOL TT  PAGE 742  transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis ofr race, creed, color, or national origin, because of  habit, local custom, or otherwise.  Supplemental Conditions Page 12of12    VOL TT  PAGE 743  GENERAL CONDITIONS-PARTI FORCONSTRUCTION  1.  Contract and Contract Documents  (a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas Department of Agriculture - Office ofRural Affairs through a Community] Development Block Grant (TxCDBG) andi is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and. Addenda shall: form part oft this contract and the provisions thereofshall  be binding upont the parties as: ift they were. herein fully set forth.  2. in defined;  Definitions  Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here (a) The term "Contract" means the Confract executed between the Delta County, hereinafter called the "County" and (Name ofConstruction Co.), hereinafter called" "Contractor", ofwhich these (b) The term' "Project Area" means the area within the specified Contract limits ofthel Improvements (c) The term "Engineer" means. Hayter Engineering, Engineer in charge, serving the County with architectural or engineering services, his successor, or any other person or persons, employed by the County for the purpose of directing or having in charge the work embraced in this Contract, (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (ifany), Invitation for Bids, Instructions to Bidders, Signed Copy ofBid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule ofDrawings).  GENERAL CONDITIONS, form apart,  contemplated tol be constructed in whole ori inj part under this contract.  3.  Supervision by Contractor  (a) Except where the Contractor is an: individual and personally supervises the work, the Confractor shall provide a competent superintendent, satisfactoryt to thel Engineer, on the work at all times during working hours with full authority to act as Contractor's agent, The Contractor shall also provide (b) The Contractor shall be responsible for all work executed under fhe Contract. Contractor shall verify all figures and elevations before proceeding with the work and will bel held: responsible for any error  adequate stafffor the proper coordination and expediting ofhis work.  resulting from his: failure to do so. Subconfracts  4.  (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any worki included. in this contract until Contractor! has verified the subcontractor is eligible  toj participate in: federally funded contracts.  (b) No proposed subcontractor shall be disapproved by the County except for cause.  TDA General Conditions Page 1of20    VOLTT  PAGE 744  (c) The Contractor shall be as fully responsible toi the County for thez acts and omissions ofhis subcontractors, and ofpersons either directly ori indirectly employed by them.  (d) Nothing contained in the Contract shall create any contractual relation between any subcontractor and  the County. 5.  Fitting and Coordination ofWork  The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations ofa all trades, subcontractors, or material suppliers engaged upon this Confract.  6.  Payments to Contractor  (a) Partial Payments  1) The Contractor shall prepare the requisition for partial payment as oft the last day oft the month and submit it, with the required mumber ofcopies, to the Engineer for approval." The amount of the payment due the Contractors shall be determined by adding to thet total value ofwork completed to date, the value ofmaterials properly stored ont thes site and deducting (1) ten percent (10%) oft the total amount, tol bes retained until final payment, and (2) the amount ofa all previous payments. Thei total value ofv work completed to date shall bel based on the estimated quantities of work completed and on thet unit! prices contained int the agreement. The value ofmaterials properly stored on the site shalll bel based upon the estimated quantities ofs such materials and the invoice prices. Copies of all invoices shall be available: for inspection ofthe. Engineer. 2) Monthly or partial payments made by the County tot the Contractor are advanced for the purpose ofassisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection ofall materials and work upon which payments hayel been made until final acceptance ofsuch work and materials by the County. Such payments shall not constitute a waiver oft the right oft the County to require thei fulfillment ofallt terms ofthe Contract and the delivery ofall improvements embraced: in this Contract complete and satisfactoryto the  County in all details.  (b) Final Payment  1) After: final inspection andt the acceptance byt the County ofa all work undert the Contract, the Contractor shall prepare the requisition: for final payment which shall be based upon the careful inspection ofe each item ofwork at the applicable unit prices stipulated in the Contract, The total amount of the final payment due the Confractor under this Contract: shall be the amount computed 2) Before paying the final estimate, County shall require the Contractor to: fumnish releases or receipts from all subcontractors! having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor. The County may make payment inj part or in full to the Contractor without requiring the: firnishing ofsuch releases or receipts and any payments made shall in no way impair the obligations ofany surety or 3) Any amount duei the County under. Liquidated Damages shall be deducted from the final payment  as described above less all previous payments.  sureties furnished under this Contract.  due the contractor.  TDA General Conditions Page 2of20    VOLT TT  PAGE 745  (c) Payments Subject to Submission ofCertificates  Each payment to the Contractor by fhe County shall be made subject to submission by the Contractor  ofall written certifications required ofita and its subcontractors.  (d) Withholding Payments  The County may withhold any payment due the Contractor as deemed necessary to protect the County, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material fumished by them. The: foregoing provisions shall be construed solely for the benefit oft the County and will not require the County to determine or adjust any claims or disputes between the Contractor and its subcontractors or: material dealers, or to withhold any moneys for their protection uniess the County elects to do 80. The: failure or refusal of the County to withhold any moneys from the Contractor shail in no way impair the obligations ofany surety or sureties under any bond or bonds furnished under this Confract.  7.  Changes in the Work  (a) The County may make changes ini the scope ofv work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor: from any obligations under the Contract or any guarantee given pursuant to1 the Contract provisions, and without affecting the validity of the guaranty bonds, and withoutre relieving or releasing thes surety or sureties ofsaid1 bonds. All such work shall be executed under the terms ofthe original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by' TxCDBG prior to (b) Except for thej purpose ofaffording protection against any emergency endangering health, life, limb orp property, the Contractor shall makei no change in the materials used ori in the specified manner of constructing and/or installing thei improvements or supply additional labor, services or materials beyond that actually: required for the execution ofthe Contract, unless inj pursuance ofa written order from the County authorizing the Contractor to proceed with the change. No claim for an adjustment (c) Ifapplicable unit prices are contained: int the Contract, the County may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case ofat unit price contract the net value ofa all changes does noti increase the original tofal amount offhe agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent  execution ofsame.  ofthe Contract Price willl be valid unless so ordered.  (18%).  (d) Each change order shall include ini its final form: 1) A detailed description oft the change in the work. 2) The Contractor's proposal (ifany) or a confirmed copy thereof.  3) A definite statement as tot the resulting change in the contract price and/or time. 4) The statement that all work involved in the change shall be performed: in accordance with  contract requirements except as modified by the change order.  TDA General Conditions Page 3 of20    VOLTT  PAGE 746  5) The procedures as outlined in this Section for a unit price contract aiso apply in any lump sum  contract. Claims for Extra Cost  8,  (a) Ifthe Contractor claims that anyi instructions by Drawings or otherwise involve extra cost or extension oftime, hes shall, within ten days after thei receipt of: such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the County, stating clearly and in detail thel basis ofhis objections. Nos such claim will be considered unless sO1 made. (b) Claims fora additional compensation: for extra work, due to alleged errors in ground elevations, contour lines, or bench: marks, will not be recognized unless accompanied by certified survey data, madej prior toi the time the original ground was disturbed, clearly showing that errors exist which resulted, or would: resuit, inl handling more: material, or] performing more work, than would be (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and: maps shalll ber reported at once to the County and work shall not] proceed except at the (d) If, on1 the basis oft the available evidence, the County determines that an adjustment of the Confract  reasonably estimated from the Drawings and: maps issued.  Contractor'srisk, until written instructions have been received from the County. Price and/or time is justifiable, a change order shall be executed, Termination, Delays, and Liquidated Damages (a) Right oft the County to' Terminate Contract for Convenience  9.  County may at any time and for any reason terminate Confractor's services and work at County's convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materiais, facilities and supplies in Upon such termination, Contractor shall be entitled to payment only as follows; (1) the actual cost of the work completed in conformity with this. Agreement; plus, (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by County. There shall be deducted from such sums as provided int this subparagraph the amount of any payments made to Contractor prior to the date ofthet termination ofthis Agreement. Contractor shall not be entitled to any claim or claim of lien against County for any additional compensation or damages in the event of such termination and  connection with the performance ofthis Agreement.  payment.  (b) Right ofthe County to' Terminate Contract for Cause  In the event that any of the provisions of this contract are violated by the Contractor, or by any subcontractors, the County may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction bei made within ten days, the contract shall, upon the expiration ofsaid ten (10) days, cease and terminate. In fhe event of any such termination, the County shall immediately serve notice thereofupon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereofwithin  TDA General Conditions Page 4 of20    VOL TT  PAGE 747  ten (10) days from the date of the mailing to such Surety of notice of termination, the County may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the County for any excess cost incurred. In such event the County may take possession of and utilize in completing the work, such materials, appliances, and  plant as may be on the site oft the work, and necessary therefore.  (c) Liquidated Damages for Delays.  If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the County as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $160 for each calendar day of delay, until the work is completed. The Contractor and Confractor's  sureties shall be liable tot the County for the amount thereof.  (d) Excusable Delays.  1) The: right ofthe Contractor to proceed shall not be ferminated nor shall the Contractor be charged with liquidated damages for any delays int the completion ofthe work due to: 2) Any acts ofthe Govemment, including controls or restrictions upon or requisitioning ofmaterials, equipment, tools, or labor by reason of war, national defense, or any other national emergency;  3) Any acts oft the County;  4) Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence ofthe Contractor, including, but not restricted to, acts ofGod, terrorism, war, acts of another Contractori in the performance ofsome other contract with the County, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather ofunusual severity such as hurricanes, tornadoes, cyclones and other 5) Provided, however, that the Contractor promptly notifies the County within ten (10) days in writing oft the cause ofthe delay. Upon receipt ofsuch notification, the County shall ascertain the facts and the cause and extent ofd delay. If, upon the basis offhe: facts and the terms ofthis contract, the delay is properly excusable, the County shall extend thet time for completing the work: for a period oftime commensurate with thej period of excusable delay.  extreme weather conditions.  10. Assignment or Novation  The Contractor shail not assign nor transfer, whether by assignment or novation, any ofi its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract withont the written consent of the County. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to aj prior lien for labor performed, services rendered, and: materials, tools, and equipment supplied for the performance of the work under fhis Contract in favor of all persons, Contractors, or corporations  rendering such labor or services or supplying such materials, tools, or equipment.  11. Technical Specifications and Drawings  Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa shall be of like effect as ifs shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or  TDA General Conditions Page 5 of20    VOLTT  PAGE 748  Technical Specifications, the matter shall be immediately submitted to the County for review. Contractor shall be liable for any issues or expenses in the event fhe discrepancy is not: submitted tot the County. (a) All required shop drawings, machinery details, layout drawings, etc. shall bes submitted tot the Engineer in 5 copies for approval sufficiently in advance ofrequirements to afford ample time for checking, including time for correcting, resubmitting and rechecking ifnecessary. The Contractor may proceed, only at Contractor's own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc, until they are approved andi no claim, by the Contractor, for extension ofthe contract time shall be granted by reason ofhis: failure int this respect. (b) Any drawings submitted without the Contractor's stamp ofapproval will notl be considered and will bei returned tol him: forj proper resubmission. Ifany drawings show variations from the requirements oft the Contract because ofstandard: shop practice or other reason, the Contractor shall: make specific mention ofsuch variation: in his letter oftransmittal in order that, ifa acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise fhe Contractorwill not be relieved ofthe responsibility for executing the work in accordance with the Contract even though the (C) Ifas shop drawingi is in accordance with the contract ori involves only minor adjustment int the interest ofthe County: noti involving a change in contract price ort time, the engineer may approve the drawing. The approval shall noti relieve the Contractor from responsibility to adhere to the contract or for any  12. Shop Drawings  drawings have been approved.  errori in the drawing.  13. Requests for Supplementary Information  Itshall be the responsibility of the Contractor to make timely requests of the County for any additional information which should be furnished by the County under the terms of this Contract, and which is required in the planning and execution oft the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shail be in writing and list the various items and the latest date by which each will be required by the Contractor, The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time, The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests oft the Contractor. The Contractor shall be fully responsible for any delay in his work or to others  arising from his failure to comply fully with thej provision ofthis section.  14. Materials and Workmanship  (a) Unless otherwise specifically: provided for in thet technical specifications, all workmanship, equipment, materials and: articles incorporated. int the work shalll be new and thet best grade ofthe respective kinds fort the purpose. Where equipment, materials, articles or workmanship are: referred to int the technical specifications as "equal to" any particular standard, the Engineer shall decide: the (b) The Contractor shall furnish to the County for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information. as to type, performance characteristics, and all other pertinent information as required, and: shall likewise submit for approval full information concerning all other: materials or  question of equality.  articles which he proposes to incorporate.  TDA General Conditions Page 6of20    VOL TT  PAGE 749  (c) Machinery, mechanical: and other equipment, materials or articles installed or used without such prior (d) Materials specified by reference tot thei number or symbol ofa specific standard, shall comply with requirements in fhe latest revision thereof and any amendment or supplement thereto in effect on the date ofthe Invitation for Bids, except as limited to type, class or grade, orn modified ini the technical (e) The County may require the Confractor to dismiss from the work such employee or employees as the  approval shall be att thei risk ofsubsequent: rejection.  specifications shalll havei full force and offect as though printed therein.  County or the! Engineer may deem unqualified, 15. Samples. Certificates and Tests  (a) The Contractor shall submit ail material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or: required by the Engineer, promptly after award oft the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except ati the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delayi in the work caused byl late or improper submission ofsamples or certificates for approval shall not be considered just cause for an extension (b) Each sample submitted by fhe Contractor shall carry a label giving the name ofthe Contractor, the project: for which it isi intended, and the name oft the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shali give the name and brand ofthe product, its place of origin, the name and address ofthe producer and all specifications or ofher detailed information which will assist the Engineer in making aj prompt decision: regarding the acceptability ofthe sample. It shall also include the statement that all materials ore equipment furnished for use in the project will complywith fhe samples and/or certified  ofthe contract time.  statements.  (c) Approval ofany materials shall be general only and shall not constitute a waiver ofthe County'sright to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as. he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such: materiais and articles have been given general approval. Ifmaterials, equipment or accessories which fail to: meet check tests have been incorporated ini the work, the. Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure. suchreparation by the Contractor as is equitable. (a) Except as otherwises specificaily stated in the Contract, the costs of sampling and testing will be 1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required fort testing purposes, except those samples taken on the project by the Engineer; 2) The Contractor shall assume all costs ofre-testing materials which fail to meet contract 3) The Contractor shall assume all costs oftesting materials offered in substitution for those found  divided as follows:  requirements; deficient;  4) The County will pay all other expenses.  TDA General Conditions Page 7of20    VOL 7 TT 16. Permits and Codes  PAGE 750  (a) The Contractor shall give all notices: required by and comply with all applicable federal and state laws, ordinances, and codes oft thel Local Govemment, All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shalli immediately: report any discrepancy to the County. Where the requirements ofthe drawings and technical specifications fail to complywith such applicable ordinances or codes, the County will adjust the Contract by Change Order to conform tos such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment int the Contract Price or (b) Should the Contractor: fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the: fact that suchi installation isi in compliance with the drawings and technical specifications), the Contractor shall: remove such work without cost tot the County. (c) The Contractor: shall atl his own expense, secure and pay fora all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing ofhouse comection drains, pavement cuts, buildings, electrical, plumbing, water, gas and: sewer permits required by the Iocal regulatory body or (d) The Contractor shail comply with applicablel local laws and ordinances governing the disposal of surplus excavation, materials, debris and: rubbish on or offt thel Project Area and commit: not trespass on any public orj privatep property in any operation due to or connected" with the Improvements (e) The Contractor will be required toi make arrangements for and pay the water, electrical power, or any (f) During construction ofthis project, the Contractor shall use every means possible to control the amount of dust created by construction. Priort to the close ofa day's work, the Contractor, if directed by the County, shall moisten the surrounding area to prevent a dusty condition.  stipulated unit prices.  any ofits agencies.  contained int this Contract.  other utilities required during construction.  17. Care ofWork  (a) The Contractor shall be responsible for all damages toj person orj property that occur as aresult ofits fault or negligence in connection" with thej prosecution ofthe work and shall bes responsible: fort the proper care and protection ofall materials delivered and work performed until completion and final (b) In an emergency affecting the safety oflife, limb or property, including adjoiningproperty, the Contractor, without special instructions or authorization from the County is authorized to act to prevent such threatened loss or injury. Contractor shall follow all: instructions of County. (c) The Contractor shall avoid damage as al result ofhis operations to existing sidewaiks, streets, curbs, pavements, utilities (except fhose which arei tol bei replaced or removed), adjoining property, etc., and shalll bei responsible for completelyrepairing any damage thereto caused by the operations.  acceptance.  TDA General Conditions Page 8 of20    VOL TT  PAGE 751  (d) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and ini the vicinity oft the site, which may be in any way affected by the excavations or other operations connected with the construction oft thei improvements included int this Contract. The Contractor shalll be responsible for the giving ofany and all required: notices to any adjoining oradjacent property owner or otherparty before the commencement of any work. The Contractor shall indemnify and savel harmless the County from any damages on account of settiements or the loss oflateral support ofadjoining property and from all loss or expense and all damages for which the County may become liablei in consequence ofs such injury or damage to adjoining and adjacent structures and their premises.  18. Accident Prevention  (a) No laborer or mechanic employed in the performance ofthis Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous tohishealth orsafety as determined under construction safety and health standards promulgated by the  Department ofLabor.  (b) The Contractor shall exercise proper precaution at all times for the protection ofpersons and property and shall be responsible for all damages to persons or property, either on or offt the site, which occur (c) The Contractor shall: maintain an accurate record of all cases of death, occupational disease, ori injury requiring medical attention or causing loss oft time from work, arising out ofand in fhe course of employment on work under fhe Contract. The Contractor shall promptly furnish the Countyy with (d) The Contractor shall: indemnify and hold harmless the County from any claims for damages resulting from properly damage, personal injury and/or death suffered or alleged to have been suffered by any (e) The Contractor shall provide french safety: for all excavations: more than five feet deep prior to excavation. All OSHA. Standards for trench safety must be adhered to by the Contractor. (f) The contractor shall at all time conduct worki in such a manner as to ensure the least possible inconvenience to vehicular and pedestrian traffic. At the close oft the work each day, all streets where possible ini the opinion ofthe County, shall be opened to the public in order that persons livingi int the area may have access to their homes or businesses by the use ofthe streets. Barricades, warning signs, and: necessary lighting shall bej provided to the satisfaction ofthe County at the expense ofthe  as ai result ofhis prosecution oft the work.  reports concerning these matters.  person as aresult of any work conducted under this contract,  Contractor. 19. Sanitary Facilities  The Confractor shall furnish, install and maintain ample sanitary facilities for Iaborers. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such façilities and services shalil be.f furnished in strict accordance with existing and governing health regulations.  TDA General Conditions Page 9 of20    VOLTT 20. UseofPremises  PAGE 752  (a) The Contractor shall confine equipment, storage ofmaterials, and construction operations to the contract. limits as shown on the drawings and as] prescribedb by ordinances or permits, or as may be desired by the County, and shall not unreasonably encumber the site or public rights ofwaywith (b) The Contractor shall comply with all reasonable instructions oft the County and all existing federal, state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and  materials and construction equipment.  barricades.  21. Removal ofDebris, Cleaning, Etc.  The Contractor shall, periodically or as directed during thej progress offhe work, remove and legally dispose ofall surplus excavated material and debris, and keep the Project Area and public rights ofway reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat  and clean condition. 22. Inspection  (a) Allmaterials and workmanship shall be subject to inspection, examination, or test by the County and Engineer at any: and all times during manufacture or construction and at: any and all places where such manufacture or construction occurs. The County shail have thes right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall bes satisfactorily corrected. Rejected material shall be promptly segregated and removed from thel Project. Area and replaced with material of specified quality without charge. Ifthe Confractor: fails to proceed at once with the correction ofrejected workmanship or defective material, the County may by contract or otherwise have the defects remedied or rejected materials removed from the Project. Area and charge the cost of the same against any Monies which may be duet the Contractor, without prejudice to any otherrights (b) The Contractor shall: fumish promptly all: materials reasonably: necessary: for any tests which may be required, All tests by the County will be performed in such: manmer as noti to delay the work unnecessarily and willl be madei in accordance with the provisions of the technical specifications. (c) The Contractor shall notify the County sufficiently in advance ofback: filling or concealing any facilities to permit proper: inspection. Ifany facilities are concealed without approval or consent of the County, the Contractor shell uncover: for inspection andrecover such facilities at Contractor's () Should: it be considered: necessary or advisable by the County at any time before final acceptance of the entire work to make an examination ofwork already completed, the Contractor shall on request promptly furnish all necessary: facilities, labor, and material. If such work is found tol be defective in any important or essential respect, due to fault oft the Contractor or subcontractors, the Contractor shall defray allt the expenses ofs such examination and ofs satisfactory reconstruction, If, however, such work is found to: meet the requirements ofthe Contract, the actual cost oflabor and material necessarily involved in the examination and replacement, shall be reimbursable and ifc completion of the work ofthee entire Contract has been delayed, a suitable extension oftime willl be approved.  or remedies oft the County.  expense, when so requested by the County.  TDA General Conditions Page 10 of20    VOL TT  PAGE 753  (e) Inspection ofmaterials and appurtenances to be incorporated in thei improvements included: int this Contract may be made at thej place ofproduction, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated: in the technical specifications, shall be final, except as regards to: (1) latent defects, (2) departures from specific requirements ofthe Contract, (3) damage orl loss ini fransit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection ofmaterials. as a Neither inspection, testing, approval nor acceptance oft the work in whole or inj part, by the County or its agents shall: relieve the Contractor or its sureties offull responsibility for materials fumished or  whole ori in part willl be made at the Project Site.  work performed not in strict accordance with the Contract.  23. Review by County  The County and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materiais, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instruclions and approval with respect to the work will be given to the Contractor only by the County  through its authorized representatives or agents.  24. Einal Inspection  When the Improvements included in this Contract are substantially completed, the Contractor shall notify the County in writing that the work willl be ready for final inspection on a definite date which shall be stated int the notice. The County will make the arrangements necessary to! have final inspection commenced oni the  date stated in ther notice, or as soon thereafter as is] practicable.  25. Deduction for Uncorrected Work  Ifthe County deems it: not expedient to require fhe Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the County and subject to settlement, in case of dispute, as herein provided.  26. Insurance  The Contractor shall not commence work under this contract until ail required insurance under this (a) Worker's Compensation Insurance: The Contractor shall procure. and shall: maintain during the life of this contract Worker's Compensation Insurance as required by the State ofTexas for all ofhis employees to be engaged: in work at the: site ofthe project under this confract and, in case ofany such work sublet, the Confractor shall require the subcontractor similarly to provide Worker's Compensation Insurance: for all ofthe employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance, (b) Contractor's Public) Liability and Property yDamage Insurance and Vehicle. Liability Insurance. The Contractor shall procure and shall maintain during the life ofthis contract Contractor's Public Liability Insurance, Confractor's Property Damage Insurance and' Vehicle Liability Insurance int the amounts noted ini the Supplemental General Conditions, located in the. Appendix ofthe Contract  paragraph has been secured and approved by the County.  Documents,  TDA General Conditions Page 11 of20    VOLTT  PAGE 754  (c) ProofofInsurance: The Contractor shall furnish the County with certificates showing the type, amount, class ofoperations covered, effective dates and date of expiration ofpolicies. Such certificates shall also contain substantially the following statement; "Thei insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been  recsived by the County." 27. Warranty ofTitle  No material, supplies, or equipment to be installed or furnished under this Confract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by whichi an interest is retained by the seller or supplier. The Confractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion ofall work, shall deliver the same, together with all improvements and appurtenances constructed or placed by Contractor, to the County free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation fumishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat ori impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor. The provisions oft this paragraph shall bei inserted in all subcontracts and material contracts and: notice ofits provisions shall be given to all persons furnishing materials for the work whenno  formal contract is entered into for such materials, 28. Warranty ofWrkmenshipand) Materials  Neither the final certificate of payment nor any provision in fhe Contract nor partial or entire use of the improvements included in this Contract by the County or the public shall constitute an acceptance ofwork not done in accordance with the Confract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shail promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within  ap period of 12 months from the date ofsubstantial completion ofthe work.  29. Job Offices  (a) The Contractor and its subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct oft the work. These shalll be located so as to causei no interference to any work tol be performed on the site. The County shall be consulted with regard to locations. (b) Upon completion oft the improvements, or as directed by the County, the Contractor shall remove all such femporary structures and facilities from the site and leave the site oft the work in the condition  required by the Contract. 30. Partial Use of Site Improvements  The County may give notice to the Contractor and place in use fhose sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and ifin its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for (a) The use of such sections ofthe improvements shall in no wayi impede the completion ofthe (b) The Contractor shall: not bet responsible for any damages or maintenance costs due directly tot the use  which it was intended, provided:  remainder oft the work by the Contractor.  ofsuch sections.  TDA General Conditions Page 12 of20    VOLTT  PAGE 755  31. Local Program Liaison  Forj purposes ofthis Agreement, the [eg. CamMonsgeCoune.  Jore equivalent authorized person  will gerve as the Local Program Liaison and primary point of contact for the Contractor. All required progress reports and communication regarding the project shall be directed to this liaison and other local  personnel as appropriate. 32. Access to Information  (a) The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General ofthe United States, the Texas Department of Agriculture (TDA), and fhe County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Contractor which are pertinent to the TxCDBG award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the CoumtywComysTCDBG contract with TDA. (b) Confractor shall include thes substance ofthis clause in all subcontracts it awards.  33. Records Retention  (a) The Contractor shall: retain all: required records for fhree years after the County makes its final payment  and all pending matters are closed.  (b) Contractor shall include the substance ofthis clause in all subcontracts it awards. 34. Resolution ofProgram Non-Complience and Disallowed Costs  In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disailowed as a result ofnon- compliance with federal, state or TxCDBG program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach ajust and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered the American Arbitration Association under its Commercial Mediation Procedures before resorting by to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Contract and choose a mediator that is not affiliated with the. American Arbitration Association. The parties shall bear the costs of such mediation equally. If the matter is not resolved throngh such mediation within 60 days ofthe initiation ofthat procedure, either party may proceed to file  suit.  35. Compliance: witDavis-BaconAct  All laborers and mechanics employed upon the work covered by fhis Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by Iaw and such other deductions as are permitted by the applicable regulations issued by the Secretary ofLabor, United payroll States  TDA General Conditions Page 13 of20    VOLTT  PAGE 756  Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time ofpayment computed at wage rates not less fhan those contained in the wage determination decision of said Secretary ofLabor, a copy of which is included in the Contract Documents), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and: mechanics employed upon such work shall be paidi in cash, except that payment may be by check ift the employer provides or secures satisfactory facilities approved by fhe County for the cashing of the same without cost or expense to the employee. For the purpose of this clause, confributions made or costs reasonably anticipated under Section 1 (b)(2) ofthe Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a)(1)(v) ofTitle 29, Code ofFederal Regulations. Also, for the purpose of this clause, regular contributions made, or costs incurred for more than a weekly period under plans, fimds, or programs, but covering the particular weekly period, are deemed to be constructively made or The Contractor and its subcontractors shall not, by any means, induce any person employed in the construction, completion, or repair of public work, give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to' TDA.  incurred during such weekly period.  36. Conflictsofinterest  (a) Governing Body. No: member of the governing body oft the County and: no other officer, employee, or agent of the County, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of TXCDBG award between TDA. and the County /County, shall have any personal financial interest, direct or indirect, in the Contractor or (b) OtherLocal Public Officials. No other public official, who exercises any finctions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the TXCDBG award between TDA and the County, shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Contractor shall take (c) The Contractor and Employees. The Contractor warrants and represents that it has no conflict of interest associated with the' TxCDBG award between TDA and the County or this Contract. The Contractor: further warrants and: represents that it shall not acquire an interest, direct ori indirect, in: any geographic area that may benefit from the TxCDBG award between TDA and the County or in: any business, eritity, organization or person that mayb benefit from the award. The Contractor further agrees that it will not employ an individual with a conflict ofi interest as described herein.  this Contract; and the Firm shall take appropriate steps to assure compliance,  appropriate steps to assure compliance.  37.Debarment and Suspension (Executive Orders 12549 and 12689)  The Contractor certifies, by entering into this Contract, that neither it nor its principals are presenfly . debarred, suspended, or otherwise excluded from or ineligibie for participation in federally-assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term' "principal" for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations ofthe Contractor. The Contractor understands that it must: not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise  TDA General Conditions Page 14 of20    VOL TT  PAGE 757  excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549,  "Debarment and Suspension."  38. [For Contracts that exceed S0000TAnilobivinE  Confractor shail file the required certification: The undersigned certifies, to the best ofhis or her  knowledge and belief, that:  (a) No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making ofany) Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofa any Federal contract, grant, loan, or cooperative agreement. (b) Ifany finnds other than Federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to ReportLobbying" in accordance with its instructions. (c)The undersigned shall require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, Ioans, and cooperative agreements) and that all subrecipients shall cerlify and disciose accordingly.  39. [For Contracts? > $100KJOvertime Requirements  No Contractor or subcontractor contracting for any part of the Confract work which may require or involve the employment oflaborers orI mechanics, including watchmen and guards, shall require or permit any Iaborer or mechanic in any workyeek in which he is employed on such work to work in excess of40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes! his basic rate ofpay for all hors worked in excess of40 hours in such work 40. ForContracts> $150KJ Clean Air Act and the Federal Water Pollution Control Act  ast the case may be.  week,  The Contractor or subcontractor shall comply wifh all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the  Regional Office oft the Environmental Protection.Agency (EPA).  41. Equal Opportunity Clause Tapplicable to contracts and subconfracts over $10,000). During the performance ofthis contract, the Contractor agrees as follows:  (a.) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Confractor fake affirmative action to ensure that applicants are employed, and that employees are freated during will employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shail include, but not be limited to the following: Employment,  TDA General Conditions Page 15 of20    VOLTT  PAGE 758  upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to bey provided setting forth the provisions ofthis mondiscrimination clause. (b.) The Contractor will, in all solicitations oradvertisements for employees placed by or on behalf ofthe Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c.) The Contractor will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed fhe compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation ofsuch other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (d.) The Contractor will send to each labor uion or representative of workers with which he has a collective bargaining agreement or ofher contract or understanding, a nofice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for (e.) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opporhity," and oft the rules, regulations, and: relevant orders ofthe Secretary (f.) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, (g.)In the event of the Contractor's noncompliance with the: mondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Govemnment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, (h.) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions ofparagraphs (a) through (h) in every subcontract or purchase order mmless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as al means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is  employment, ofLabor.  regulations, and orders.  regulation, or order of the Secretary ofLabor, or as otherwise provided by Iaw.  TDA General Conditions Page 16of20    VOL TT  PAGE 759  threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to  protect the interests oft the United States.  42.Section 109 oft thel Housingand GDassAsCRs  The Contractor shali comply with the provisions of Section 109 of fhe Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex. be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or inj part with funds made available under  this title.  43. Section 5041 Rehabilitation Act of1973. as amended.  The Contractor agrees that no otherwise qualified individual with disabilities shall, solely reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination by  in  employment, under any program or activity receiving federal financial assistance.  44. Age Discrimination. Actof1975.  The Contractor shall comply with the. Age Discrimination Act of 1975 which provides that no person the United States shall on thel basis ofage be excluded from participation in, be denied the benefits of, in or be subjected to discrimination under any program or activity receiving federal financial assistance. 45. Economic Opportunities for Section 31 Residents and Section 31 Business Concerns. (a) The work to be performed under this Contract is subject to the: requirements of section 3 ofthe and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The Housing of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance purpose or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly: persons who are: recipients ofHUD assistance for housing. (b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part which implement section 3.. As evidenced by their execution of this Contract, the parties to this Contract 75, that they are under no contractual or other impediment that would prevent them from complying with certify the (c). The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR. part 75, and agrees to take appropriate action, as provided in an of the subcontract or in this section 3 clause, upon a finding that the subcontractor is applicable in violation provision of the regulations in 24 CFR. part 75. The Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the subcontractor has been found in violation of the (@) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Confractor: is selected but before the contract is executed, and with those to whom the regulations of24 CFR. part 75 require employment opportunities (2) tol be persons other than filled to circumyent the Contractor's obligations under 24 CFR part 75. Minimum expectations directed, of were: effort not to  part 75 regulations.  the regulations in  24 CFR part 75.  TDA General Conditions Page 17of20    VOLTT  PAGE 760  direct employment opportunities to such workers are identified in the TxCDBG Project Implementation (Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this  Manual.  Contract for default, and debarment or suspension from future) HUD assisted contracts.  46. Contract Documents and Drawings  The County will furnish the Contractor without charge 5 copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Confractor will be: furnished at  cost.  47. Contract] Period  The work to be performed under this contract shall commence within the time stipulated by the County in  the Notice to! Proceed and shall be: fully completed within 120 calendar days thereafter,  48. Liquidated Damages  Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the County the sum of One Hundred Eighty Four Dollars ($184) as fixed, agreed and liquidated damages for each calendar day of  delay from fhe above stipulated time for completion. 49. GenderNeutral- - Gender References  When necessary, unless the context clearly requires ofherwise, any gender-specific or gender-neutral term ini this Contract (for example, he, she, it, etc.) ist tol ber read: as referring to any other gender or tono  gender.  50. Non Segregated Facilities  The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any ofhis establishments, and that he does not and will not permit his employees any segregated facilities at any ofhis establishments, or permit his employees toj perform their services at any location, under his control, where segregated facilities are maintained. As used ini this paragraph the term' "segregated: facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and ofher storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, fransportation, and housing facilities provided for employees which are segregated by explicit directive or are ini fact segregated on the basis ofrace, creed,  color, or national origin, because ofhabit, local custom, or otherwise.  51. Economic Opportunities for Section 31 Residents and Section 3 Business Concerns.  (a) The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development (HUD). Act of1 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, toi the greatest extent feasible, be directed to low- and very Iow-income persons, particularly persons who are recipients ofHUD  assistance for housing.  TDA General Conditions Page 18 of20    VOLTT  PAGE 761  (b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that fhey are under no confractual or other impediment that would prevent them from (c) The Contractor agrees to send to each labor organization or representative ofworkers with which the Contractor has a collective bargaining agreement or ofher understanding, ifany, anotice advising the Iabor organization or workers' representative of the Contractor's commitments uder this section 3 clause, and will post copies oft the nofice in conspicuous places at the work site wherel both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum mumber and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each ofthe positions; and the anticipated date the work: shall begin. (d) The Contractor agrees toi include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in (e) The Contractorv will certify that any vacant employment positions, includingt trainingpositions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the: regulations of24 CFR part 135: require employment opportunities to be directed, were: not filled to circumvent the Contractor's obligations under 24 CFR part 135. () Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanotions, termination of this Contract for default, and debarment or suspension from fufure HUD assisted contracts. (g) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible () preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Bnterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in  complying with the part 135 regulations.  violation ofthe regulations in 24 CFR part 135.  derogation of compliance with section 7(b). 52. Patent Rights and Inventions  The Firm shall comply with the requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. CFR Rights to Inventions Made Under a Contract or Agreement - Ift the Federal award meets the definition of "funding agreemen!" under 37 CFR $401.2 (a) and the Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Smail Business Firms Under Government Grants, Contracts and  200. Appendix I() and Rights to Inventions in 37 CFRPart 401).  (2  TDA General Conditions Page 19of20    VOLTT  PAGE 762  Cooperative. Agreements," and any implementing regulations issued by the awarding agency. (2CFR200  Appendix II (), Rights to. Inventions) 53. Energy Efficiency  The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in fhe state energy conservation plan issued in compliance with the Energy Policy  and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).0 (24CFR85.36 Q)(13).  54. Verification' No Boycott Israel.  As required by Chapter 2270, Government Code, CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycoft 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 aj person or entity doing business in Israel ori in an Israeli-controlied territory, but does  noti include an action made for ordinary business purposes. 55. Foreign' Terrorist Organizations.  Pursuant to Chapter 2252, Texas Government Code, [Company] represents and certifies fhat, at the time of execution oft this Agreement neither [Company), nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same () engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the' Texas Comptroller ofPublic. Accounts under Sections 806.051, 807.051, or 2252,153 ofthe' Texas Government Code. The term "foreign terrorist organization" int this paragraph has the meaning assigned to such term in  Section 2252.151 ofthe! Texas Government Code.  TDA General Conditions Page 20 of20    VOLTT  PAGE 763  DELTA COUNTY ROADS RECONSTRUCTION  CDV23-0322 DELTA COUNTY, TEXAS JULY 2024  PAGEI INDEX DESCRIPTION TAEAVACEHD, MAF, ANDLEGEND GENERALNOTZS, FROIECTIOCATON STRET EC CEASETREKTI C11STREETF RECONSTRLCTONETAD CONSTRUCTION: STANDARDS  PAGE HO.  ED) TA. HO ro7 END)  THIS PROJECTI IS BEING CONSTRUCTED WITHA GRANT FROMTHETEXASDEPARIMENT OFAGRICULTURE  COUNTYCOMMISTONETS.  COUNIYJUDGE PRECINCT FRECINCT2, PRECINCT3, PRECINCT4, COUNIYTREASIRER COUNTY CERK,  TANNER CRUICHER MORGANDAKER SETICOX ANTHONYROBERIS MARKERANTIEY DEBBIEMUTE JANICERODERTS  IKGER  HAVTER  RECOMMENDED: FOR CONSTRUCTION BY, YNR VAICONKIZAIS  PACEIOT 6    VOL TT  PAGE 764  MATEIENESTAISG VERIGHT  MATTINEETAS SEEADOVERIGIT MATCTINESTATIS MATCILNETALS  SEADOVERIGIT  RIGIT  MATCILINESTA1 19+62 MATCILINESTA1AS MATCILINESTA9IG  SEEDELOVIERT  SEETELOWLEFT BEEDELOWLEFT  MATCIINESTA4I6 SEDZLOWLEFT  DrAVMh: DEW nArz. my FCAIE: Asmow PAGEIE o TAGE  mspocu? FORTIZIU EEVIVANDO  DILTA COUNTYI  ROADS! RECONSTRUCTION CDV23-0322 DELTA COUNTY,TEXAS CR3400 STREETI RECONSTRUCTION STA. 000TO22+341 AEND)  HAVTER    VOL TT  PAGE 765  gr  MATCII LINESTA145 SEEDELOWLIIT  MATCILINZETASHI BREDELOWIEET    DRAMmE a DATE: IrI, CL AOTE are TAGES ma  gr  FAIRCMTEHIENNS SYY AKDDININT  DELTA COUNTYI ROADS ECONSTRUCTION DELTA CDV23-9322 COUNTY,TEXAS CR 4320 STREET: RECONSTRUCTION STA. 0+00T015+60 (END)  HAVTER    s  VOL TT  PAGE 766  MATCIL SEED IELOWLEFT  paur DASL mymt SCALK astoge TAQI  gbe REVEWA coinn  DELTA, COUNTYROADSI RECONETRUCTION DELTA CDY23-1322 COUNTY,TEKAS CR 4225 STREETRECONSTRUCTION STA. 0+00TO7+69 (END)  HAVTER    VOL TT  PAGE 767  ATCINESTAINSI MATCALNEETAIS  MATCILNEETASI  GBPA RIGI  as  MATCHLIEETA SKEDELOWLER  MAICHIRESTA9HI MATCILIEETA4ES BREIELOWLEET 4  SREDELDWLEFT  az  naAm nan nT my: SCAIR: Artnmnar a PACES  DELTACOUNTY) ROADS RECONSTRUCTION CDY23-0372 DIETACOINIATEKAS CR1182 STREETRECONSTRUCTION STA. 0-+00 TO22-+00 (END)  HAVTER      VOL TT  PAGE 768  mATNEYI DKY DATL mym ICALL  DELTA COUNTY) ROADS! RECONSTRUCTON CDV73-0322 DELTA COUNTY,TEXAS CONSTRUCTIONSTANDARDS  HAVTER    BUDGET TRANSFERS APPROVAL REPORT 20DH AFFIDAVIT AGAINST COUNTY  PAGE 2  09/20/2024 VOLTT Fund Name TOTAL NON-DEPARTMENTAL TOTAL SHERIFF  PAGE 76gm0  Difference 3,710.17- 3,710.17  TANNER CRUTCHER MORGAN BAKER SETH CoX ANTHONY ROBERTS MARK BRANTLEY DEBBIE HUXE  77  WAS REVIEHED APPROVED.    TAIS LIST  AND    09/20/2024 DELTA_CONYOL TT  2024 BUDGET TRANSFERS WORKSHEET TRANSFER #: 20DH Account Name  PAGE 1 BUDO22 To Amount 3,129.60 239.42 268.21 15.34 57.58 .02 3,710.17  PAGE 770  From Amount  G/L Code  3,710.17 010-409-700 TRANSFER FUNDS  010-560-112 CHIEF DEPUTY 010-560-201 PAYROLL TAXES 010-560-203 RETIREMENT 010-560-207 DEATH BENEFIT 010-560-204 WORKERS COMP 010-560-206 UNEMPLOYMENT  3,710.17    09/20/2024 Year GL Account Name 2024 010-409-700 TRANSFER FUNDS TOTAL HO-DEPARIMENTAD 2024 010-56D-112 CHIEF DEPUTY 2024 010-560-201 PAYROLL TAXES 2024 010-560-203 RETIREMENT. 2024 010-560-204 WORKERS COMP 2024 010-560-206 UNEMPLOYMENT 2024 010-560-207 DEATH BENEFIT TOTAL SHERIFF  BUDGET TRANSFERS APPROVAL REPORT 20DH AFFIDAVIT AGAINST COUNTY  BUDO20 PAGE 1  VOLTT  PAGE 771 Difference Clerk 3,710.17- D 3,710.17- 3,129.60 239.42 268.21 57.58 02 15.34 3,710.17  Date 09/20/2024 09/20/2024 09/20/ 2024 09/20 72024 09/20/2024 09/20/2024  Original Amount 113,928.38 Total Transfers 49,800.00 41,010.64 53,608.69 8,570.57 230.54 2,412.39 Total Transfers  New Amount 110,21B.21 Total Changes 52,929.60 11,250.06 53,876.90 B,628.15 239.56 2,427.73 Total Changes    VOL7 TT  PAGE 772  Affidavit of Account Against County of Delta  Fund 010 Department 560 Line Item DATE :  Cooper, Texas 9-13 204  invoice #  THE COUNTY OF DELTA  DESCRIPTION 00-8.0-112  AMOUNT 3139.60 239.42 068.21 15.34 5758 .02  Frani 10-409.70  I6ohrs  BasHe-Fanls amsTD- doi Pnyll Taxes  0/0-510.- 203 Rehrmenk Ol0-S0. 207 DehBeneht 010-50 204 Wopkers Comp b10-546).- Jo6 Wnemplaymat The State of Texas, County of Delta personally appeared  #3710-17 known to me, and being by  Before me, the undersigned authority in and for named State and County, on this day me duly sworn on oath declares the foregoing and annexed account Delta County Is within.--.krowledge just and true, that it is due and unpaid and that all just and Tawful  offsets, payments and credits have been allowed.  Signature    DELM9 EOUNTY SHERIFF'S DEPARFMENT  Time Report  Employee Name: Position:, CHIEF DEPUTY DAY WK HRS XTRA DATE SAT 5 SUN 6 MON 7 TUES 8 WED 9 THURS 10 FRI 11 SAT 12 SUN 13 MON 14 TUES 15 WED 16 THURS 17 FRI TOTAL GRAND TOTAL  ANDERSON, CHARLA  Pay Period from: Hire Date: 10.29.2010 VAC HRS  12/05/2020 - 12/18/2020. Hours! Scheduled: 80  SICK HRS  HOL. OTHER TOTAL HRS TAKEN HRS  HRS  TIME SUMMARY REGI HRS O.T.HRSX1 O.T.HRSX1.5 TOTAL HOLTAKEN VACTAKEN SICKTAKEN OTHER TAKEN TOTALHRS  0 0 8 8 8 8 8 0 0 8 8 8 8 8 80 80  0 0 8 8 8 8 8 0 0 8 8 8 8 8 80 80  80 0 0 80 0 0 0 0 /80/  OTHER TIME HOLPEND VACPEND SICKACC  0 104 100.5  18  *Other leave Includes (M) Military, (). Jury, (A). Administrative, (E) Emergency, (LWOP) Leave With Out Pay, etc....  If"ther" leave is taken indicate type of leave in remarks section below.  Remarks:  Comp time/other time-accrual authorization:  DATE  #OFHRS  REASON. ACCRUED  APPROVED  NOTAPPROVED/REASON  Information on this timesheet Is certified to bei true and correct as of this date: 15020  Corsl B  Administrative Assistant  Employee Signature  Supervisor Signature    VOLTT  PAGE 774  Judge Richard Anderson P.O. Box 550 211 W. Austin Street Marshall, Texas 75670 Phone: (903)938-8373 Facsimile: (903)938-3748  Memo  To: Judge Tanner Crutcher From: Richard Anderson Re: Housing Opportunity DATE: September 4, 2024  RE: POTENTIAL $12,500,000 AVAILABLE FOR SINGLE FAMILY RESIDENTIALIN  NORTHEAST1 TEXAS: REQIRED ACTION BYYOUR COURT  Dear Judge:  Int the fhirty plus years thatyour County has been a member of the Northeast Texas Housing Finance Corporation ("NETHFC") we have strived to serve homeowners throughout the 9-county areal by assisting with lower cost financing through fax-exempt bonds. Two years ago, we were able to assistwith a multi-family housing project In Franklin County, assisting some 100 fenants, We now have an opportunity to assist first fime homebuyers Ini Northeast Texas. Here Is how this  program will work. Beneflts of the NETHFC  We are able to make these programs possible because the Federal government and the State of Texas base the authority to issue these tax-exempt bonds upon fhe fotal population size ofthe area served, In our case, the nine counties of the NETHFC. While no single county in North East Texas can do this, because we represent nine counties, we can. That is, fhe more residents that we have, the more bonds that we can Issue. This Is vitally Important because the nature of these transactions depends upon fheir size and the economies of scale. Essentlally, the greater our population base, thé more economically feasible these transactions become. The Directors from Delta County are being copied herewith, and the Executive Committee of the Corporation has already approved this transaction, subjectto the Court's approval as set forth below. THE NETHFC'S POTENTIAL ASSIGNMENT TO THE STATE. AGENCY  These same economies of scale can work to Delta Counfy's benefit through this curront proposal. The Texas Department of Housing and Community Affairs (TDHCA") has Initlated a program whereby the NETHFC can delegate to the TDHCA our rights to issue single famlly mortgage bonds, and assign to the' TDHGA a reservation of bond authority, to help first-time homebuyers purchase a single-family home at below market interest rates. Our Executive Gommittee has already approved this transaction on June 26, 2024.Itis, however, neçessary also to have each of the nine countles Commissioners Courts approve this fransaction because each county wasa  Sponsoring Party to the formation of NETHFC In 1992. The Executive    VOLTT  PAGE 775  Committee met with members of the finance team, including the Internatlonal law firm of! Norton Rose Fulbright us LLP and Hiltop Securitles who explalned this transaction to them. Simply put, we would not be able to do this ourselves at this time, but the TDHCA can, and they are In the process of obtalning Assignments from ofher housing finance corporations around the State. The TDHCA will then have the opporlunity to issue a much larger bond Issue with the savings attendant thereto, fhe proceeds ofwhichi It will use to make mortgage loans to assist first-time homeowners In purchasing al home. The TDHCA has the staffing to accompiish this and with fhe ability to Issue hundreds of millions Inl bonds, It brings the economies of scale clearly into play. The estimate Is that some! $12,500,000 will be available fo residents of our nine counties nextyear. As mentioned above, the Corporation recenfly completed a multi-famlly project in Franklin County. This new program will enable us to assist first time single homebuyers wifh the purchase of homes in the $294,600 to $359,460 range, depending upon the zip code for the Intended residence, all in accordance wifh the Federal guidelines. Income limifs for a family of two range from $74,500 to $101,600. For a family of three or more, the range is $85,675 fo $115,920. The Income flgures will vary from county to county according to Federal regulations. These will be The exact Interest rate will be determined when fhe TDHCA sells the bonds later this year and early next year. But since interest rates are predicted to start dropplng next month with the Fed's action, they are moving in the right direction for homebuyers and are Ikely to get better fort the  THE TARGET AUDIENCE  fhirty-year fixed rate mortgage Ioans.  homebuyer. Wo do know fhat the rate will be less than the market rate. REQUIRED ACTION BY THE COMMISSIONERS COURT  This transaction will be at no cost or expense fo the County, and will be encumbered with no debt for the Counfy, any City or State. Thel bonds will be payable solely by the mortgage payments of fhe homebuyers over the Ilfo of the loan. For purposes of posting, the agenda may read "Consideration of AsignmentfAutherty to Issue Single Family Bonds to fhe TDHCA". Also enclosed is al Form of Resolution which Bracewell has prepared. Also, the Form of Assignment fo the TDHCA Is Included for your information. This willl be effective for a two-year period, and Ifit works out as we anticipate Itwill, we can renew this program next year. We would like to get all of the countles to take action during the month of September so that we can getour hat In the ring This should bei falrlysalexplanatory, but If we need to schedule a Zoom call with the finance  with the TDHCA.  team we can do SO. Just Iet me know.  Sincerely,  Co: Tiesha' Wady Bobby Irvin Assignment  Resolution ApprovingA Assignment of Private Activity Bond  -  Page 2    VOL TT EXHIBITS:  PAGE 776 Sponsoring. Entity. Resolution. Approving Delegation ofVolume Cap to TDHCA  Exhibit A-A Assignment Agreement  RESOLUTION APPROVING ASSIGNMENT OF PRIVATE, ACTIVITY BOND AUTHORITY TO TEXASDEPARIMENT OFI HOUSING AND COMMUNITY AFFAIRS; AND CONTAINING OTHER PROVISIONS RELATING TO THE  SUBJECT  WHEREAS, the Northeast Texas Housing Finance Corporation, a regional housing finance corporation (the "Corporation") was created by nine counties including Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River and Titus, Texas (the "Sponsors") pursuant to the provisions of the Texas Housing Finance Corporations Act, as amended, formerly Article 12691-7, Vernon's Annotated Texas Civil Statutes, and now codified as Texas Local Government  Code, Chapter 394 (the "Act"); and  WHEREAS, by resolution adopted on June 26, 2024, the Board of Directors of the Corporation authorized filing with the Texas Bond Review Board an application for reservation of state ceiling for issuance of qualified mortgage revenue bonds in the maximum amount of  $12,500,000 (the Reservation"); and  WHEREAS, by resolution adopted on June 26, 2024, the Board of Directors of the Corporation determined to delegate to the Texas Department ofHousing and Community Affairs ("TDHCA"), pursuant to Chapter 394.032(e) oft the Texas Local Government Code, the authority to act on its behalf in the financing, refinancing, acquisition, leasing, ownership, improvement, and disposal of certain home mortgages or residential developments, within and outside the jurisdiction oft the Corporation, including its authority to issue bonds for those purposes; and WHEREAS, as one of Corporation's Sponsor, the Commissioners Court of Delta County (the "Governing Body") desires to approve the assignment ofthe Reservation to TDHCA  in accordance with Chapter 1372.044 oft the Texas Government Code; and  WHEREAS, the Governing Body desires to approve the Assignment Agreement in substantially the form attached as Exhibit_A between the Corporation and TDHCA (the  "Assignment Agreement"); and  WHEREAS, iti is deemed necessary and advisable that this Resolution be adopted; THBREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF DELTA Section 1. The Governing Body specifically approves and consents to the assignment of the Reservation to TDHCA in accordance with Chapter 1372.044 of the Texas Government  COUNTY, TEXAS THAT:  Code and approves the Assignment Agreement.  Section 2. The President, Vicel President, Treasurer, Secretary and Assistant Secretary of the Corporation are each hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry  out the intent and purposes ofthis Resolution.  IM-#8186800.3    VOL TT  PAGE 777  Section 3. This Resolution shall be effective for a period of two (2) years from the date  hereof, and willl be effectiveu until: revoked by this Commissioners Court.  2    VOLTT  PAGE 778  PASSED AND. APPROVED this by Commissioners Court ofDelta County, Texas.  County. Judge  (SEAL) ATTEST:  County Clerk  O  O  4    VOLTT  PAGE 779  ExhibitA Assignment. Agreement  O  Exhibit A.    VOL TT  Auctionerlxpress.com CONTRACT  PAGE 780 attached on thel behalfo of  fhe Seller herein referred toi asl I/Wea authorlze. Auctionerapress.com tos sell the merchandise:  that are: sold, which will be charged. by (starting/reserve) price)! has been sales fee to be! paid to  1/Weagreet to the below auction: sales feest to be deductedi from sale price peri items/lots Aurtionerbpress.com: for conducting this: sale in my/our behalf. Ifai minimum dollar amount requested ona anyi item/lot, the minimum dollar amount starting/reserve price) willi include  Auctionerhpresscom.  the auction  Auction! Sales Fees to bec charged tqseller, which willl be deducted from: seller's proceeds;  RATE CHARGED PERI ITEM/LOT  DOLLAR AMOUNT OFI ITEM/LOT From $0 to $50,000.00 From $50,000,01 to $100,000.00 From $100,000,01 & UP  7.5% 5.5% 3,5%  There willl be a $5.00 per Item/lot mirimum auction sales fee charge, regardless ofs sale price, Seller willl bea allowed  starting bid, if deslred, to ensure there would ber no negative charges, There will: not be any charge Ift the item does to place a minimum  Examples: Item #1  notsell.  Item#2  Motor Grader selis for $125,000. 035000475544.75000 9,0019400000A5564 $2,750.00 IABAISne Total auction salest fee fori item #1=$7,375.00  Crown VicF Police Car sells for $3,000.00 $,0000X754-922500 Total auction: sales feei for Item #2= $225  e above auction: sales fee: scale will not apply to firearm auctions. Firearm auctions will have an auction sales fee of10%perl Item/lot.  1/We authorize Auctioneerfxpres.com at their discretion to start bidding: at or reduce. starting! bid to: a price equal to or greater than the net dollar amount that would be duet to me/us (the: seller) after auction sales feel 1Ffor.anyr reason high bidder defaults on bid: andi Item/lot has a (starting reserve price), Aurtioneerhapres.com: is authorized Items/lots to next highest bidder, IFb bidi meets ore exceeds the (starting/ reserve price) placed on items/lots. Ifi item does not have as requested minimum dollar amount starting/reserve price), Item/lot willl be sold tot thel  been deductedi from minimum dollar amount (starting/reserve price).  has  to offer bidder  the auction regardless of price. Iff for any reason high bidder defaults on bid Auctionserbxpress.com may offer highest item to next highest at the bidder. end of Iffora any reason high! bidder defaults and does not complete purchase of an Item/lot, seller releases Auctoneerbxpres.com  to complete thes sale ofi item/lot.  of obligation  IFI Item/lot does not recelve al bid and Ist nots sold, seller will not be charged an auction sales fee.  lft thes seller bids on their own item/lot and ist the successfull high bidder, seller willl be charged a! 5%1 buyback fee, of sale price, I/We: agree that Auctioneettxpres.com willo only ber responsible for the advertisement that they: submit.  I/We: arer responsible fort taking: allp photos & descriptions and: submitting them to Auctionerbpress.com, unless otherwise negotiated. If Auctionerbpress.com sends employees to setup auction, an additional fee of $75.00 per hour (including travel time), may be charged for  providing this: service.  -Wea agree that I/we will not remove any Items from auction after auction has started.  We agree to all thet terms and conditions listed In Aurtioneragres.coms webs site. I/We understand that Auctioneertxpress.com: Is acting only as ani agent forr me/us the seller/s). I/We agree nott to lista any items ar lots with! known defects ort that: are hazardous without disclosing! known defects orl hazards, list: anyl items or lots that violate any environmental or any other state ori federal laws. Seller agrees to  DELTACOIX0203-23  Page 1ofz    accept'all responsibility for listing items or lots and agreet to-defend: and hold harmless Auctionerbprass.cm, its employees or agents I/We guaranteet thafitems/lotswil befree and clear ofa all! liensand buyers will receive clean bill ofsale, 1Wewill provide paper work or documentation toassisti in obtaining titles unless otherwisestated. I/We will safe guatd itemstoi the best of our ability until buyer has aken possession. Ifitem/lot is-damaged, misrepresented, br stolen, while in seller's-dr Aucfoneerihpresscomts possession, Seller agrees Auctionerbapress.com will not assume any responsibility ofi liabjlity damages or1 theft of any part af or total lot while in seller'sor 1/We (will) (will not). assist in loading thei merchandise after the auction is over and merchandise iss sold. 1/We will not rélease merchandise to anyone until I/we! have reçeived a copy ofa paid invoice from AuctioneerfApres.com by facsimile, e-mail, or USpostal mail. Buyer must also show paid invoicet to seller. Buyer must: sign offt that they received merchandise on copy ofpaidi inivoice that /We (the seller)receive. 1/We (the: seller)willforwardi invoiçes or coples ofthe invoices wherethel bidder orr representative signed for and recejved the merchandise Representatives of Auctioneer-xpres.com has permission to! handle & sign titles as an agent for the seller. lFAuctionerbpress.om handléstitles for titled vehicles, there will be a $30.00 fee per title forf filing the Texas Motor VehicleTrahsfer Notification" form with the State ofTexas, This form notifies the: state that the vehicle has been sold to. an individual. Thisfee aiso. includes the costof certified mailing Alr money collected fori items sold minus auctjon sales fee and/or other fees that mayl be applicable willl be paid to seller within fourteen Thet terms and gonditionspft the auction may be amended at anyt time the selleris) and. Auctioneertxpress.com mutually agree to do so in  from any claims or suitsf filed pertaiping to' the sale ofitems or lots listed on  sehiteyeer. 781  VOLTT  AMMHPMPAGE  orejeasè bidder ofany obligation to buy, at any time before biddertakes possession of Items.  Aucloneerpresscoms possession.  to Augtioneerbxpres.com forthéir files.  pertilethatigmaledtoi buyers. This Additional fee willl be deducted from the seller'sproceeds.  (14) business days after. Auctioneerfxgresscom receives funds from buyers.  writing, beforethe: auctionstarts.  T/Wes agreet that unless iti isare emergency, items will not be used opce items have beem listed.  This agreement may betériminated at any time at the option of either party for anyfuture auction orrelatèd services, without futureor prospective liability for performance upon giving Thirty (30) days written potiçet thereof. Termination will npt apply to pending or Ifany provision oft this Agreement is held bya court of competent) jurisdiction to bei invalid or Unenforceabje, then such provision. shall be enforced tot the maximum extent permissible so as to: affect the intent of this Agreement, and the remainder pfthe. Agreementshallremain  )concludedauctions: already placed under this contract.  Inf fullforçe and effect.  Auction ending date will be determined per Auction.  All merchandise tol be: sold willl be listed on: as spreadsheet as an attachment to this contract. Eaçh Spreadsheet will hayethis contract Auctionger warrants that he/she is licensed byt the state ofTexas and if there-arè any unresolved complaints against this auctioneer/auction company, complaints may be directed to: Texas Department of Licensing: and Regulations, P.O. Box; 12157, Austin, Texas 78711, 512-463- I/Weagreet to all of thet terms and canditions listed on pages 1 and2 oft this contract. I/We certify-that 1/We are authorized to sign this contract. Items.submitted for publicauction through this contract have been declaredsurplus: through the appropriate channels ofthe  number on iti for reference.  5599,csauctioneers@ldir.texasgow  sellingèntity.  D Authorized. Signature  Tanc Akk  9-24r2923  Print Name  Date  oniapsherls 9-a4-2034  Print Name  Date  Paa  gmbasET afp.acainvestmensuI,Ca  DELTACOTX0203-23  Page2of2    VOLTT  PAGE 782  Addendum  Delta County, Texas has requested" for an authorized employee of Auctioneerbapres.com to. sign and handle title paperworkf for merchandise. sold throught theira auction company. The employee  will be acting as an agent for our. entity.  The following employeesat/ Auctioneertxpres.com may sign titles as an agent:  Cathy McGonagill Dale McGonagill Maranda Martin  Ify you have any questions, please contact: Tanher Crutcher, County. Judge at (903) 395-4400 ext. 9301 or via email tAAasaN. A business card (or copy) is attached.  Signature  bne Cakb  Print  224-2424  Date    VOLTT  PAGE 783  Auction Listing and Information Form This sheet is for our files only.  Seller: County af Delta, Texas  Main Contact: County Judge Tanner Crutcher Phone #: (903)395-4400 ext. 9301 Fax: (903)395-2178  Email: erutcherQdeltacountylx.com or shommel@deltacmtvts.com Make Chéck Payable to (On Check): Delta County, Texas Attn Name (On envelope): County Treasurer  Address: Delta Connty Courfhouse, 200 West Dallas Avenue, Cooper, Texas, 75432    VOLTT  PAGE 784  MASTER SERVICES AGREEMENT ORPOTESOMALSEVICES  This MASTER SERVICES AGREEMENT (MSA) is entered into by Delta County, a Texas County, acting herein through its County Judge, duly authorized to act by the County Commissioners, hereinafter called "OWNER," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein fhrough a duly authorized officer, herein called "ENGINEER; t because OWNER desires ENGINEER'S services in connection for Hazard Mitigation Assistance projects.  WITNESSETH  For the mutual promises and benefits herein described, the parties agree as follows:  1.  Term of MSA: This MSA shall become effective on the day it is executed and shall continue in effect thereafteruntil the services provided for herein have been performed, or until terminated as provided herein. This MSA may be executed in multiple counter parts Services to be Performed by ENGINEER: Professional services are to be detailed in OWNER may request additional services of any type normally rendered by ENGINEER. These will be called "additional services," and compensation shall be determined as per Section 3(b) hereof. Any "additional services" must be in writing and signed by both Professional services during the construction period, if any such services are included in this MSA, are understood to be for the time of completion initially specified in the çorresponding construction contract, and services beyond that time, including services as expert witness or assisting in litigation, or services due to failure of the CONTRACTOR to complete on time under any circumstance, will be deemed additional services. Professional services provided are Iimited to those set forth in the service orders. The ENGINEER shall have no other obligations or responsibilities beyond those listed. Compensation ofl ENGINEER: Owner shall pay. ENGINEER as follows: (a) Professional Services: As outlined in the individual service orders.  with the date ofthe last signature to be the effective date. individual service orders for each potential project.  2.  O  parties.  3.  (b) ENGINEER may submit monthly statements for professional and additional services. These will be based upon ENGINBER'S estimate of services completed at the time, and OWNER shall make prompt payments. If OWNER fails to pay ENGINEER within sixty (60) calendar days of the receipt of ENGINEER'S statement, the amounts due ENGINEER shall increase at the rate of five percent (5%) a month. ENGINEER may, after giving written notice to OWNER, suspend services until paid or the ENGINEER decides to resume in its sole discretion.  D  1    VOL TT  PAGE 785  (c) In the event oftermination by OWNER, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. ENGINEER will also be entitled to payment for all reasonable termination expenses as determined' by it. (d) Termination expenses" means reimbursable expenses, salaries, and overhead costs due to termination, including, but not limited to, transferring job records to OWNER, termination negotiations, materials purchased but not accepted by "Reimbursable expenses" include, but are not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, blueprints, Or any other expenses the ENGINEER deems appropriate. Where special consultants or subcontractors are used as additional services, the ENGINBER'S reimbursement shall include a service  OWNER and reassignment of personnel.  charge equal to 5% ofthe subcontractor's invoice amount.  4.  Services to be Performed by OWNER: OWNER shall: () designate a specific person 'as OWNER's representative, which must be approved by ENGINEER; (it) provide ENGINEER with any previous studies, reports, data, final site layouts, budget constraints, special OWNER requirements, or other pertinent information known to OWNER; no charge will be made to ENGINEER for such information, and OWNER and its agencies will cooperate with ENGINEER to provide said information, in every way possible to facilitate thep performance oftheproject(i). ensure: access for the) ENGINEERIopropetits necessary for performance oft the ENGINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or ofher similar specialists as required for the project; (v) make prompt payments in response to ENGINEER'S statements; and (vi) respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by OWNER or OWNER's appointees, agent's or with respect to Termination: The obligation toj provide further services under this MSA may bet terminated by either party upon ten (10) calendar days written notice, with Owner paying Engineer all money owned, in the event of substantial failure by the other party to perform in Reuse of Documents: AII documents prepared by ENGINEER are instruments of service for the specific project contemplated under this MSA. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole Ownership of Documents: AlI documents prepared by ENGINEER are instruments of service for the specific project contemplated under this MSA. TheENGINEFRShal: retain ownershipofall reports, drawings,plans, specifications, electronic files, field data, notes and  buried utilities, the utility providing service in the project area.  5.  accordance with the terms hereof.  6.  risk and without liability to ENGINEER.  7.  2    VOL - TT  PAGE 786  hEssSeS by the) ENGINEER as instruments ofserviçe. The ENGINEER shall retain all common law, statutory and other reserved rights, Notices: Any notices to be given hereunder by either party to the other may be affected either by personal delivery, in writing, by email, or by registered or certified mail. Sole Parties and Entire MSA: This MSA shall not create any rights or benefits to anyone except the OWNER and ENGINEER and contains the entire MSA between the parties.  including, withoutlimitation, all copyrights thereto.  8. 9.  Oral modifications tot this MSA shall have no force or effect.  10. Venue and Applicablel Law: Successors: Construction: This MSA shall be construed under and in accordance with the laws of the State ofTexas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors, and assigns. The Venue for any type of dispute under this MSA shall by in Lamar County, Texas. 11. Insurance: ENGINEER and any CONSULTANT the. ENGINEER: might hires shall provide, pay for, and maintain in force at all times during the performance ofthe Services insurance in compliance with thei insurance requirements ofthis Contract. In the event this Contract does not contain any insurance requirements, or to the extent such insurance requirements contained int this Contract arel less than the following insurance requirements, ENGINEER and CONSULTANT shall provide, pay for, and maintain the following minimum  insurance: i.  Workers' Compensation Insurance as may be required by all state and federal workers' compensation acts, the FedemalLongsboremenis: and Harbor Workers' Compensation Act and such other acts as may be applicable to the Services, however, such coverage shall not be limited by any. limitation on the amount or type of damages, compensation, or benefits payable by or for CONSULTANT under any Workers' Compensation Acts, Disability. Benefit. Acts, or ofher such statutory employee benefit acts. As a minimum with amounts required by law Employers' Liability Insurance with amounts required by Iaw or $1,000,000 iti. Commercial General Liability Insurance covering liabilities for death and personal injury and liabilities for loss of or damage toj property with combined single limit of $1,000,000 per occurrence, $300,000 damages to rented facilities, $5,000 medical expenses, $100,000 for personal injury, and iv. Commercial Automobile Liability Insurance with a minimum $1,000,000 per occurrence coverage for both bodily injury and property damage. ENGINEER'S Professional Liability Insurance with limits of liability not less than $2,000,000 per claim and in the aggregate. ENGINEER'S CAeuIANThsisisiTay Insurance with) limitso ofliabilitynotless  or $1,000,000 whichever is greater. whichever is greater.  ii.  $2,000,000 in the aggregate.  V.  than $1,000,000 per claim and in the aggregate.    3    VOL TT  PAGE 787  vi. Ifthe ENGINEER'S CONSULTANTS Services arei tol be performed within 50 feet: from anyrailroad, ENGINEER'S CONSULTANT shail obtain and present to ENGINEER before the commencement of the Services a CG 2417 endorsement: forits Commercial GeneralLiability ycoverage. Such endorsement  shall list ENGINEER and the Client as additional insureds.  12. Other Provisions: The parties hereto further agree as follows:  (a) Limitmtionoflimbiliy. Inr mogpiimofherhaierik: and1 benefits ofthep project to both the OWNER and the ENGINEER, the risks have been allocated such that the OWNER agrees, to the fullest extent permitted by law, to limit the liability of fhel ENGINEER and] his subcontractors ont the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, sO that the total aggregate liability of the ENGINEER and his or her sub- consultants to all those named shall not exceed: $100,000 ort the ENGINEER'S: total fee, paid by Owner, for services rendered ont this] project, whicheveris greater. Such claims and causes inchde, but are: not limited to, negligence, professional errors or  omissions, strict liability, and breach of contract.  (b) The ENGINEER shall not be responsible for delays caused by factors beyond the ENGINEER's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, or other labor disputes; supply chain delays; government ordered industry shutdowns; power or server outages; widespread infectious disease outbreaks (including, but not limited to epidemics and pandemics) or other natural disasters, fires, riots, war or other emergencies; failure ofany govermental or other regulatory authority to acti in ai timely manner, failure of the OWNER to furnish timely information or approve or disapprove of thel ENGINEER's: services orworkproduct, or delays caused by faulty performance by the OWNER's or by confractors of any level or discovery of any hazardous substances or differing site conditions. When such delays beyond the ENGINEER's reasonable control occur, the OWNER agrees that the ENGINEER shall not be responsible for damages (monetary or otherwise), nor shall the  -  ENGINEER be deemed in default ofthis MSA.  (c) Causes of action between the parties to this MSA pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statute of limitations commence to run any later than the date when the ENGINEER'S services are substantially  completed, which is determined by the ENGINEER.  (d) Any opinion of the probable construction cost prepared by the ENGINEER represents only! hisj judgment as a design professional andi is suppliedi for the general guidance of the OWNER. Since the ENGINEER has no control over the cost of  O  4    VOL TT  PAGE 788  labor and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy ofsuch opinions. Ifthe OWNER elects to redesign orrebid the project to: reduce costs, ENGINEER'S services for such rebidding or redesign  shall be additional services.  (€) The ENGINEER has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of  the construction contractors.  () ENGINEER will strive to perform services hereunder in a: manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality uder similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this MSA, or in any report, opinion, document, or otherwise. (g) ENGINEER is not responsible for any damages, including those to third parties, resulting from modifications made to the ENGINBER'S design or technical specifications by a construction manager, value engineer, or other party to the project selected or approved by the OWNER and will Indemnify and Hold Harmless ENGINEER it from any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes under this section. (h) When the ENGINEER is providing an assessment or survey of property being considered for purchase by the OWNER, the OWNER shall secure an agreement from the property owner to protect the OWNER and ENGINEER in the event said assessment or survey finds a condition that could potentially reduce the value of Consequential damages. Notwithstanding any other provision oft this MSA, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any Way to the Project or to this MSA. This mutual waiver of consequential damages shall include, but is not limited to, loss of use; loss of profit; loss of business; loss of goodwill; loss of income; cost of substitute facilities, goods, or services; cost of capitai; loss or reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach ofstrict ori implied warranty. Both the OWNER and ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this  the property.  (1)  project.  5    VOL TT @  PAGE 789  Reference communications. The ENGINEER may be: required to render opinions about the performance or qualifications of others engaged or being considered for engagement by the OWNER. Those about whom opinions are rendered may, consequently, initiate claims against thel ENGINEER. Tohelp create an atmosphere in which the ENGINEER may freely report or express such opinions candidiy in the interest of the OWNER, the OWNER agrees to indemnify and hold harmless the ENGINEER against all damages, liabilities, or costs, including reasonable attorneys' fees arising from the rendering ofsuch confidential opinions and reports  by the ENGINEER to the OWNER.  (k) Delivery ofElectronic Files-1 In accepting and utilizing any drawings, reports, and data on any: form ofelectronic media: fromi the ENGINEER, Owner agrees that such files are instruments of service of the ENGINEER, solely for this Project. The Owner agrees not to: reuse these electronic files for any purpose other than ofthe Electronic files furished' by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to bea accepted and neither party shall have any obligation to correct errors or maintain In the event ofa conflict between thel hard-copy construction documents and record drawings prepared byt the ENGINEER: and the electronic files, thes signed and sealed Inaddition, the OWNER agrees, toi the fullest extent permitted1 byl law, toi indemnify and hold harmless the ENGINEER, its officers, directors, employees and sub- consultants against all damages, liabilities, or costs, including reasonablea attorneys' fees and defense costs, arising from any changes made by anyone other than the Mediation - In an effort to resolve any conflicts that arise during the design and construction ofthe Project or following the completion ofthe Project, the OWNER and thel ENGINEER agree that all disputes between them arising out of orrelating to this MSA or the. Project shall be submitted to nonbinding mediation.  Project.  electronic files.  hard-copy construction documents shall govern.  ENGINEER or from any: reuse of the electronic files.  (I)  13. This MSA is subject to the scope of work and associated fee of the service orders and 14. Amendments to this contractshall bei in writing and! be: signedbyth thes appropriateamthorized 15. Legal Construction: If any one or more of the provisions contained ini this MSA shall for any: reasons bel held tol be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this MSA shall be construed as if such invalid, illegal or unenforceable provision had never been  Exhibits. A and: B. Exhibits A and B are attached to this MSA.  parties for both OWNER and ENGINEER.  6    VOLTT  PAGE 790  contained herein.  16. The OWNER shall provide prompt written notice to the ENGINEER if the OWNER becomes aware of any fault or defect in fhe Project, including any errors, omissions, or  incopsistencies in the ENGINEER'S Instruments of Sérvice.  FN WITNESS WHEREOF, the parties, having réad and understood this MSA, have rexecuted such in duplicate copies, each of which shall have full dignity and force as an original, on the 19th day  ofSeptember 2024.  Engineer: HAYTER ENGINEERING, INC.  Owner: DELTA COUNTY  By:  Lln  By:  1  Michael N. Tobets,P.EPresident  Tanner Cnutcher/County.Jmdge  Attest: ER  aspebido  7    VOL TT  PAGE 791  Exhibit A Delta County, Texas Grant Terms and Conditions  Int the event ofac confict between thej provisions of the Agreement to which this Exhibit Aapplies andi this Exhibit A, the The Engineer acknowledges that the provisions of the Owner's Subrecipient Agreement for Texas Division of Emergency Management (TDEM) Administered Grant Awards-Incomporaled as part of this Exhiblt--apply to all The Engineer certifes thal It will comply with regulations pertalning to required reporting, as Iisted in this Exhibit, and  provislons oft this Exhibit As shall controi.  contract and subcontracts executed in thej performance oft this Agreement.  ast requested by the Owner andlor lis designee(s).  C    VOL TT  PAGE 792  DIVISIO  Texas Division of Emergency Management Subrecipient Agreement for TDEM-Administered Grant  Awards  JT    VOL TT  PAGE 793  Table of Contents Revisions State of the Agreement. AGREEMENT. AUTHORITY. Agreement. I. GENERAL TERMS. II. STANDARD OF PERFORMANCE. III. FAILURE TO PERFORM IV. FUNDING OBLIGATIONS. V. RECOUPMENT OF FUNDS., VII. STATE REQUIREMENTSI FOR GRANTS. VIII. RESTRICTIONS. AND GENERAL CONDITIONS. IX. PROCUREMENT CONTRACTING. X. MONITORING XI. AUDIT... XIV. ENFORCEMENT. XV. CONFLICTS OF INTEREST. XVI. CLOSING OF THIS AWARD. XVII. NOTICES XVII. TDEM GRANTS MANAGEMENT SYSTEM. XIX. PERFORMANCE! PERIOD XX. COST/SCOPE MODIFICATION. XXI. FINAL EXPENDITURES REPORT. XXII. NET SMALLPROJECT OVERRUN. XXIV. REQUESTS FOR! REIMBURSEMENT. XXV. QUARTERLY REPORT REQUIREMENTS XXVI. EQUIPMENT RECORDS, XXVIL.FEMAPUBLIC, ASSISTANCE PORTALAND! FEMA GO. XXVIII. INDIRECT CosT RATES XXIX. REQUEST FOR INFORMATION.  VI. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPALS AND AUDIT REQUIREMENTS.  5 6 8 11 11 12 13 14 14 15 15 15 16 17 17 17 17 19 19 19 20 20 20 21 21 24 27 29 33 34 35 36 37 42  XII. RETENTIONAND. ACCESSIBILITY OF RECORDS. XIII. CHANGES,. AMENDMENTS, SUSPENSIONS OR TERMINATION  XXIII. APPEALS  Exhibits  EXHIBIT A: ASSURANCE-NON-CONSTRUCTION PROGRAMS EXHIBITB: ASSURANCES-CoNSTRUCTION PROGRAMS. EXHIBIT C: CERTIFICATIONS: FOR GRANT AGREEMENTS. EXHIBIT D: STATEOFTEXAS. ASSURANCES. EXHIBIT E: ENVIRONMENTAL REVIEW.. EXHIBIT F: ADDITIONAL GRANT CERTIFICATIONS. EXHIBIT G: REQUEST FOR INFORMATION POLICY.... EXHIBIT H: PRE-OBLIGATION. REQUEST FOR INFORMATION POLICY EXHIBIT : RECOUPMENT OF FUNDS. Grant Acknowledgement. Agreement and Signature.    VOL TT  PAGE 794  Revisions  Rev. 1. Change from Authorized Agent to Primary Finance Contact information on the Rev. 2. Inclusion of language related to subrecipient reimbursement for Recipient  Subrecipient Information page. management cost.  Terms and Conditions - February 2024  Page]1    VOL TT  PAGE 795  State of the Agreement Agreement Authority  This agreement applies to all Department of Homeland Security Federal Emergency Management. Agency (DHS/FEMA) awards or other awarding agency financial assistance awards administered by the Texas Division of Emergency Management (TDEM). The federal government, the State of Texas, and TDEM have the right to seek Subrecipients are required to follow applicable provisions of the Uniform Administrative Requtrements, Cost Principles, and Audit Requirements for Federai Awards located at Title 2, Code of Federal Régulations (C.F.R.Part. 200, and adopted by DHS at 2G.F.R Part 3002, as well as all other applicable federal, state, and local laws, regulations, By accepting this agreement, Subrecipient and its executives, as defined in 12C.F.R. 5170.315, certify that the subrecipient's policies are in accordance with guidance applicable to federal, state and local laws, and relevant executive guidance. This agreement, consisting ofi these terms ahd conditions and all exhibits, is between the Texas Division of Emergency Management (TDEM), an agency of the State of Texas, TDEM and Subrecipient are collectively hereinafter referred to as the parties. All awards made under this agreement are subject to the same terms and conditions except where additional provisions may be added by TDEM to assure compliance with the  judicial enforcement of these actions.  policies, procedures, and executive orders.  hereinafter referred to as TDEM, and Subrecipient.  aforementioned authority.  Subrecipient may not assign or transfer. any interest in this award without prior written consent of TDEM and, ifrequired, DHS/FEMA or other awarding agency.  Terms and Conditions- February2024  Page) 12    VOLTT  PAGE 796  Agreement General Terms  1. The terms recipient and pass-through entity have the same meaning as grantee, as used in governing statutes, regulations, and DHS/FEMA guidance. 2. Throughout this document the terms grant and award will be used 3. Ar recipient is a non-Federal entity for administration purposes. 4. Asubrecipient is known as a subgrantee as used In governing statutes,  interchangeably.  regulations, and DHS/FEMA guidance. through from TDEM to Subrecipient.  5. The grant referred to in this agreement is an award to the subrecipient passed 6. The "certlfying official" is the mayor, judge, or executive directora authorized to execute these terms and conditions, and to submit changes ofs subrecipient agents. Contracted staff and/or vendors may assist the certifying official in completing related grant tasks but may not act in lleu of the certifying official. 7. Project and any subsequent versions for those projects accepted by Subreciplent and subsequently obligated or de-obligated by DHS/FEMAare 8. TDEM uses contractors to assist in administering subawards, both in communication with Subrecipient and the awarding agency. As subrecipient's point of contact for all awards will be the assigned regional staff. TDEM may task various grant management tasks to contractors to work directly with 9. Within 10 calendar days of any change, Subrecipient must notify TDEM of any change in Designated Subreciplent. Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient in 10. In the event Subrecipient hires a consultant to assist them with managing its Public. Assistance and Hazard Mitigation grants (or other), they must be listed on the Designated Subrecipient Agent Form (DSA) and may not act in lieu of the designated agent. TDEM will direct all correspondence to the Subrecipient. The Subrecipient is solely responsible for sharing written communications with the consultant. The Subrecipient is the primary point of contact and must be  considered subawards to this agreement.  subrecipients.  TDEM's Grants Management System (GMS).  included in all decislon-making activities.  Terms and Conditions- - February 2024  Page! [3    VOL TT  PAGE 797  l. Standard of Performance  Subreciplent must perform all activities as approved by TDEM and that is required in applicable grant/funding awards. Subrecipient must perform all activities in accordance with all terms, provisions and requirements set forth in the award, 1. Assurances - Non-Construction Programs (Federal authority), hereinafter  including, the following exhibits: referred to as Exhibit A as Exhibit B Exhibitc  2. Assurances - Construction Programs (Federal authority), herelnafter referred to 3. Certifications for Grant Agreements (Federal authority), hereinafter referred to as 4. State of Texas Assurances (State authority), hereinafter referred to as Exhibit D 5. Environmental Review Cerlification (Federal authority), hereinafter referred to as 6. Additional Grant Certifications (State authority), hereinafter referred to as Exhibit 7. Request for nformation and Documentation Policy (State authority), hereinafter 8. Pre-Obligation Request for Information and Documentation Policy (State 9. Recoupment of Funds (State authority), hereinafter referred to as Exhibiti  Exhibit E F  referred to as Exhibit G  authority), hereinafter referred to as Exhibit H  IlI. Failure to Perform  In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this grant, Subrecipient is liable to TDEM for an amount not to exceed the amount of this award and may be barred from receiving additional DHS/FEMA grant program funds or any other grant program funds administered by the State of Texas until repayment is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs  administered by TDEM.  Terms and Conditions - February 2024  Page/4    VOLTT  PAGE 798  IV. Funding Obligations  TDEM is not liable to Subrecipient for any costs incurred by Subreciplent that are not 1. Notwithstanding any other provision of this grant, the total of all payments and other obligations incurred by TDEM under this award must not exceed the total cumulative award amounts listed on the subawards (projects and subsequent 2. Subrecipient must contribute the required cost share, also known as non-Federal 3. Subreciplent must provide supporting documentation that supports the totality of 4. In the event that TDEM is required to continue to manage the subreciplents award after thel Recipients (TDEM) allocated state management funds have been exhausted, subrecipient agrees to reimburse TDEM for such costs necessaryt to close FEMA awards including the final recoupment of any funds due to FEMA  allowable costs authorized under the applicable award.  versions).  share or match, listed on the subaward.  funding requests in accordance with program policy.  and/or TDEM and the State of Texas.  V. Recoupment of Funds  Subrecipient must refund to TDEM any sum of these award funds that TDEM andior DHS/FEMA determines to be an overpayment to and/or has not been spent by Subrecipient In accordance with this award. Refund payment(s) may be made from local, state, or federal grant funds unless prohibited byi federal regulation or other Nothing in Exhibit -Recoupment of Funds shall limit TDEM's ability to implement alternative remedies for which it has authority to resolve outstanding recoupments or to limit TDEM's ability to take immediate recoupment action(s) after notice of  provision.  required refund has been made.  VI. Uniform Administrative Requirements, Cost Principals and Audit Requirements  Except as specifically modified by law or this grant, Subrecipient shall administer fhis award through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS/FEMA program legislation, federal awarding agency regulations, and the terms and conditions of this grant. A non- exclusive Iist sanctioned by Federal Authority is provided below (not all may apply in  every project):  Terms and Conditions-F February 2024  Page/5    VOL TT  PAGE 799  a. Public Law 93-288, as amended (Stafford Act) b. 44 C.F.R., Emergency Management and Assistance  C. 4 2C.F.R., Grants and Agreements d. Disaster Mitigation Act of 2000  e. Executive Order 11988, Floodplain Management f. - Executive Order 11990, Protection of Wetlands  g. Executive Order 12372, Intergovemmental Review of Programs and. Activities  h. Executive Order 12549, Debarment. and Suspension  - Executive Order 12612, Federalism Executive Order 12699, Seismic Design k: Executive Order 12898, Environmental Justice Coastal Barrier Resources Act, Public Law 97-348  m. Single Audit. Act, Public Law 98-502 n. Sandy Recovery Improvement.Act publications  0. Disaster Recovery Reform Act of 201816 U,S.C. S 470, National Historic  Preseryation Act  p. 16 U.S.C. $1531, Endangered Species Act References q. FEMA program publications, guidance, and policies  MII, State Requirements for Grants  Subrecipient must comply with all other federal, state, and local laws and regulations applicable to this award including but not limited tot the laws. and the regulations promulgated in Texas Govérnment Code, Chapter 783, Uniform Grant and Contract htp-wwwwindowstiatAEISppeurementementreatradhogmandr and the most recent applicable version of the program State. Administrative Plan. a (and all effective updates), available at: htpsy/demiexas.oV. Subrecipient must, in addition to the assurançes and certifications, comply and require each of its subcontractors employed in the completion oft the project to comply with all applicable statutes, regulations, executive orders, Office of Management and Budget (OMB)circulars,  Management (UGMS) at:  Terms and Conditions - February 2024  Page/6    VOLTT  PAGE 800  terms and conditions of this award and the approved application.  Grant funds must not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the Award funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for lacal govemnment employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using grant funds to influence the passage or defeat of legislation including not assisting with the funding ofa lobbyist, or using grant funds to pay dues to an organization with a registered 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code $2102.0091, which requires that this award may only be expended if Subrecipient timely completes and files its reports. TDEM strongly encourages subrecipients to complete refresher training in federal procurement standards as variances from these standards account for the majority offunding de-obligation. TDEM will provide training or sources for subreciplents to attain training. Federal procurement training may be required of some recipients in advance offunding or as a condition offunding and/or if additional monitoring Is  benefit of a particular candidate or party.  lobbyist;  alcoholic! L beverage;  deemed appropriate by TDEM.  O  Terms and Conditions - February 2024  Page17    VOL TT  PAGE 801  VIII. Restrictions and General Conditions  DHS/FEMA, grant funds must only be used for the purposes set forth in this award and must be consistent wifh the statutgry authorityf fort the grant. Award funds must not be used for matching funds for other federal grantslcooperative agréements, lobbying, Qr intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds must not be used to sue the federal government or any other 1. Federal employees are prohibited from directly benefiting from any funds under 2. Ina accordance with, 2CF-R.525.300, TDEM will not make a subaward unless the Subrecipient has obtained a unique entity identifier (UEI). A UEI is the identifier required for System for Award Management (SAM) registration to uniquely identify entities with which the federal government does business. 3. Subrecipient maintains that ith has registered at SAM.gov or other federally established site. for contractor registration and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database yntil the later of when it submits this grant's final financial report or receives final award payment. Subrecipient agrees that it must not make any subaward agreement orcontract related to this award without first obtaining the vendor or subawardee's mandatory UEL. See 2C.F.R. Part 25, Appendix A. 4. Subreciplent must report total compensation for each of the five most highly compensated executives for the preçeding completed fiscal year if the following isa applicable (2C.F.R. Subtitle A; Chapter 1, Part 170, Appendix Ato Part 170). a. Subreçipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject tothe  goverhment entity. this Grant.  See FEMA Information Bulletin 350.  Transparency Act per 2CFR.5170320.  b. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues. were from Federal procurement contracts or Federal financial assistance. IF Subrecipient answers "yes" to both questions, Subrecipient shall report, along with subrecipient's UEL, the names and total compensation (see 17 C.F.R.S $229.402(c/2)) for each of subrecipient's five most bighly çompensated executives for the preceding completed fiscal year. C. Subrecipient shall report executive total compensation at SAM.gov, or ofher  federally established replacement site.  Terms and Conditions- February 2024  Page/8    VOLTT  PAGE 802  5. By signing this granf, Subrecipient certifies that, if required, Subrecipient has registered, entered the required information, and shall keep information in the System fot, Award Management (SAM) database current, ahd update the information at least annually until the subrecipient submits its final financial report, 6. Subrecipient agrees that it shall hot make any subaward agreement or contract 7. Subrecipient must comply withi Federal Executive Orders 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government 8. Ac completed direct deposit form from Subrecipient must be provided: to TDEM, prior tor receiving any funds under the provisions of this grant. The direct. deposit form is 9. Subrecipient shall maintain properlylnvéntory records which, at minimum, shall include a description of the propèrty, a serial number or other identification number, the source of properly; who holds title, the acquisition date, the cost of the property, the percentage of federal participation in the cosf of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Subrecipient shall develop and implement a control system to prevent loss, damage, or theft of property. and Subrecipient shall investigate and document any loss, damage or theft of properly funded under this 10.DHS/FEMA and/or TDEM, through its authorized representatiyes, have the-right at all reasonable times to make site visits to reyiew project accomplishments and management control. systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA or TDEM on the prèmises of Subrecipient or a contractor under this grant, Subrecipient must provide and must require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performancé of thelr dutiès. All site visits and evaluations shall be performed in such a manner that will not unduly-delay the work. At final physical site inspéction for eligible scope of work and program compliance may be conducted after the subrecipient's Project  or receives final payment.  without first obfaining the subawardee's mandatory UEL  currently available at ntps/demexas.goy.  grant.  Completion and Cértification Report has been submitted.  IX. Procurement Contracting  Subrecipient shall comply-with all applicable federal, state, and local laws and requirements, including but not Jimited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this  Terms and Conditionis - February 2024  Page/9    VOL TT  PAGE 803  award in accordance with. 2 C.F.R. 200.317-327 and Appendix Il to Part200 (A-C) 1. All contracts executed using funds awarded under this award shall contain the contract provisions listed under 2C.F.R. 200.327 and Appendix II( (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State 2. For each of the following types of procurement, activities must follow the most  and (E-J).  and Local Governments.  restrictive offederal, state, or local procurement, regulations:  a. Micro purchase b. Small purchase C. Sealed bid d. Competitive proposal underi the other methods)  e. Non-Competitive proposal (solely when the award of a contract is unfeasible 3. The State must approve the use of a noncompetitive procurement method. Federal regulations allow for noncompetitive procurements under cerfain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for serviçes must have State approval prior to use or execution. A copy of the local procurement policy must :. Contracts attributed as cost-plus-percentage-ol-cost or percentage-of- construction-cost" are explicitly prohibited by Federal procurement standards and 5. Subrecipients must perform cost/price analysis for every procurement action in 6. Subrecipients must negotiate profit as a. separate element where required. 7. Subrecipients must not make any award to any parly which is debarred ot suspended, or is otherwise excluded from participation int the Federal assistance programs (Executive Order 12549, Debarment and Suspension). a. Subrecipient must maintain documentation validating review of debarment list of eligible contractors. Evidence of non-debarment for vendors must be ntp/www.wndow.stletismrocurenentprodvendo: pefformanceldebart edi and submitted for review. TDEM will not reimburse any expense for a  be proyided to the State before initial payment.  are ineligible for DHS/FEMA, grant.  excess of the Simplified Acquisition Threshold.  documented through SAM.gov and  Terms and Conditions- February 2024  Page [10    VOLTT  PAGE 804  1  debarred vendor or a vendor OF Subrecipient that does not have a valid  SAM.gov registration.  8. Subrecipients must comply with rules related to underutlized businesses(smal. and minority businesses, women's enterprises and labor surplus firms) at2 9. Subrecipients must comply with the rules of recovered materials for procurements at 2 C.FR$200.323.10. Subrecipients must comply with the rules for domestic preferençes for procurements at 2CF.RS200.322  C.FR$200.321.  X, Monitoring  Subrecipient will be monitored periodically by federal, state, pr local entities, bofh programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and ofher  program-related criteria are met.  a. TDEM, or its authorized representative, reserves the right to perform periodic deskloftice-Dased and/or on-site monitoring of subrecipient's compliance with this award and of the adequacy and timeliness of subrecipient's performance b. After each monitoring visit, if the monitoring visit reveals defiçiencies in subrecipient's performance under this.grant, a monitoring report will be provided to the. subrecipient that includes requirements for the timely correction of such defiçiencies by subrecipient. Failure by subrecipient to take: action(s) specified in the monitoring report may be cause for suspension or termination of this award pursuant to the Changes, Amendments, Suspensions or Termination Section (xIl)herein.  pursuant to this award.  XI. Audit  Subrecipients expending $750,000 or more in total federal financial assistance a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for 1. A copy of the Single Audit must be submitted to TDEM or your cognizant state agency-within nine months ofthe end ofthe subrecipient's fiscal year. Ifr not required to submit a single audit, a response fo the requestwill suffice. Failing to follow the regulation can result in significant adverse consequences including any action listing in the Enforcement Section (XIV).oft this agreement  Federal Awards, Subpart F.  Terms and Condilons-Februay, 2024  Page111    VOL TT  PAGE 805  Subrecipient must give DHS/FEMA, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives access to and the right to conduct a financial or compliance audit offunds received, and performances rendered under this award. Subrecipient must permit TDEM or fts authorized representative to audit subrecipient's records. Subrecipient must provide any documents, materials, or information necessary" to facilitate suchaudit. 1. Subrecipient understands and agrees that iti is liable to TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall bepaid by Subrecipient from funds that were not provided or otherwise made available to the subrecipient pursuant to this award 2. Subrecipient must take such action to facilitate the performance of such audit(s) conducted pursuant to this section as TDEM may require of Subrecipient. Subrecipient must ensure that this clause concerning the aythority to audit funds receiyed indirectly by subcontractors through Subrecipient and the requirement 3. Subredipient understands that açceptance ofi funds under this award acts as acceptance ofthe authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office's audit ori investigation, including providing all records requested. Subrecipient must ensuré that this clause concerning the State. Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State. Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, doçuments, working papers, and records of  prany other federal contract.  too cooperate js included in any subcontract it awards.  Subrecipient relating to fhis award.  XII. Retention and Accéssibilify of Records  Subrecipientshal: follow its own internal retention policy, or the State's retention policy, whichever is more restrictive. Atam minimum, the subrecipient must maintairi fiscal reçords and supporting documentation for all expenditures oft this àward's funds pursuant'to the applicable OMB 2C.F.R. Subpart D-F Post Federal Award 1. Subrecipient shall retain these records and any supporting documentation for a minimum of thrée (3) years from the later of the completion of this project's public objective, submission ofthe final expenditure report, orany litigation, dispute,or  Requfrements. $200.334-338, arid this agreement.  audit.  Terms and Conditions- - February 2024  Page/12    VOLTT  PAGE 806  2. Records shall be retained for three (3) years after any real estate or equipment 3. DHS/FEMA or TDEM may direct subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the Subrecipient must give DHS/FEMA, the Comptroller General oft the United States, the Texas State Auditor, TDEM, or any ofi its duly authorized representatives, access toa and the right to examine all books,accounts, records, reports, fles, other papers, things, or property belonging to ori in use by subreciplent pertaining to this award including records concerning the past use of DHS/FEMAfunds. Suchi rights to access shall continue as long as the records are retained by Subrecipient.  final disposition.  records possess long term retention value.  XIII. Changes, Amendments, Suspensions or Termination  TDEM may modify this agreement after an award has been made.Once notification has been made in writing, any subsequent request fori funds indicates Subreciplent's acceptance of the changes to this subrecipient award. Any alteration, addition, or Any alterations, additions, or deletions to this agreement that are required by changes in federal and state laws, regulations, or policy are automatically incorporated into this agreement without written amendment to this award and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are: necessary to this agreement after an award has been made, including changes to the period of performance of the award, or terms and conditions, the certlfying official shall be notified electronically ofi the changes in writing. Once notification has been made, any subsequent request for refunds will indicate subrecipients acceptance of the 1. In the event subrecipient fails to comply with any term of this grant or agreement, TDEM may, upon written notification to subrecipient, suspend this award, in whole or in part, withhold payments to Subrecipient, and prohibit Subrecipient from incurring 2. TDEM has the right to terminate this award, in whole or Inj part, at any time before the end of the Performance Perlod, If TDEM determines that subrecipient has failed to comply with any terms of this grant. TDEM shall provide written notice of the  deletion to this agreement by subrecipient is not valid.  changes to this award.  additional obligations oft this grant's funds.  termination that includes:  a. The reason(s) for such determination; b. The effective date of such termination; and  O  Terms and Conditions - February 2024  Page/13    VOL TT  PAGE 807  C. The scope of thei termination of the award. d. Termination of an award is final.  XIV. Enforcement  Ifsubrecipient materially fails to comply with any term oft this award or agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance 2. Require all payments as relmbursements rather than advance payments; 3. Temporarlywithnold payments pending correction of the deficiency;  reports;  4. Disallow or deny use offunds and matching credit for all or part ofi the cost oft the 5. Request DHS/FEMA to wholly or partially de-obligate funding for a project; 6. Withhold cash payments pending correction of the deficiency bysubrecipient C or  activity or action not in compliance;  more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold future awards for the grant program; and 8. Take other remedies that may be legally available  Ini taking an enforcement action, TDEM will adhere to any administrative proceeding to which Subrecipient Is entifled under any statute or regulation applicable to the action involved, and where TDEM, as the recipient, is obligated to follow. The costs to a subrecipient resulting from expenses incurred by the subrecipient during a suspension or after termination oft this award are not allowable. The enforcement remedies identified in this section, including suspension and termination, do not preclude subrecipient from being subject to Debarment and Suspension" under Executive Order 12549. 2 C.F.R., Appendix H Part 200, (1).  XV. Conflicts of Interest  The subrecipient must maintain and provide upon request written standards of conduct covering conflicts of interest and governing the actions of its employees engaged In the selection, award and administration of contracts and must establish safeguards to prohibit employees from using their positions for a purpose that  Terms and Conditions- - February 2024  Page/14    VOL TT  PAGE 808  constitutes or presents the appearance of personai or organizational conflict of  Interest or personal gain.  XVI. Closing of this Award  TDEM will close each subaward after receiving all required final documentation from the subrecipient. Ifthe close out review and reconciliation indicates that subrecipient isc owed additional funds, TDEM will send the final payment automatically to subrecipient. IFSubrecipient did notl use all thei funds received, TDEM will recover the 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis ofa 2. Subrecipient's obligation to return any funds due as a result of later refunds, 3. Records retention requirements, property management requirements, and audit 4. Any other provisions of this award that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this award  unused funds. This does not affect: later audit or other review;  corrections, or other transactions; requirements, as set forth herein; and  after the expiration or termination of this award.  XVII. Notices  AlI notices and other communications pertaining to this agreement shall be delivered Ine electronic format and shall be transmitted in TDEM's Grant Management System, hereinafter referred to as "GMS". TDEM reserves the right to use other delivery  avenues as needed.  XVIII. TDEM Grants Management System  TDEM requires the use of the TDEM's Grants Management System (GMS) for subrecipient grant management functions. Subrecipient is required to access GMS for all grant related functionis as required by TDEM unless written authorization from TDEM is given. Requested forms and processes may be adjusted and changed to Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. Paper forms and email requests to initiate grant management functions within GMS are not accepted.  accommodate GMS processes and requirements.  O  Terms and Conditions - February 2024  Page]15    VOL TT  PAGE 809  XIX. Performance Period  The performance period fori this award is listed on the subaward letter for each project. All projects must be compieted within the performance period and within the approved budget. Subrecipient shall have expended all award funds and must submit final requests for reimbursements, invoices, and any supporting documentation to TDEM no later than 60 calendar days after the end of the performance period. TDEM is not obligated to reimburse expenses incurred after the From time to time, the performance period for grants may be extended by TDEM. These extensions do not change the established performance periods for subrecipients to submit final requests for reimbursements, Invoices, and any 1. All work must be done prior to the approved project completion deadline  performance period or submitted after the deadline.  supporting documentation. assigned to each project.  a. For Public Assistance projects written at 100% complete, documentation must be submitted within 60 days of the Recovery Scoping Meeting (or DHS/FEMA b. For projects not written at 100% complete for both Hazard Mitigation and Public Assistance awards, documentation must be submitted within 60 days  process equivalent).  of the work completion date.  2. Should additional time be required, a time extension request must be submitted  which:  a. Identifies the projects requiring an extension; b. Explains the reason for an extension; d. Provides an anticipated completion date;  C. Indicates the percentage of work that has been completed; e. Provides detailed milestones documenting expected progress. The reason for an extension must be based on extenuating circumstances, or unusual project requirements that are beyond the control of Subrecipient. Fallure to submit a time extension request 90 days prior to the end of the period of performance may result in denial, or reduction or withdrawal of federal funds for  approvedwork.  Terms and Conditions-F February 2024  Page/16    VOLTT  PAGE 810  XX. Cost/Scope Modification  Any change to a project's approved scope ofwork must be reported and approved through TDEM and DHS/FEMA before starting the project. Failure to do sO will Subrecipjent shall submit requests for cost overruns to TDEM for review. Any requests sent for a Public Assistance project will be submitted to DHS/FEMAfor review and approval. Approval of these requests is not. guaranteed and is subject to fynding availability. Costs incurred prior to approval of any scope or budget/cost  jeopardize award funding.  changes may be denied,  XXI.. Final Expenditures Report  The Project Completion and Certification Report (P4). must be submitted to TDEM within 90 days of all approved work being completed for each project. f any projeçt requires the purchase ofi insurance as a condition of receiving federal funds, a oft the currentpolicy myst be attached toi this report and the Applicant's Attestation copy for Duplication of Benefits (DOB) form certifying other funds were received to complete  the project.  XXII. Net Small Project Overrun  Ift the total actual cost of all ofa as subrecipient's Public. Assistance small projects combined exceedsthe total obligated for all small projects, the subrecipient may request additional funding through the appeal process, withi.60 days of the latest work completion date of all its Small Projects, as described in the Public Assistancé Program and Policy Guide. A net small project overrun appeal will require a review  of all small projects and could result In a reduction offunding.  XXIU. Appeals  1. Public. Assistance  In the event that a subrecipiènt does not agree with the determinations made by DHS/FEMA, the subrecipient has the right to file an appeal. This appeal must be submitted in GMS by initiating a New Project Appeal, attaching documented justification supporting the subrecipient's position, specifying the monetary figure in dispute and the provisions in federal law, regulation, or policy with which the subrecipient believes the initial action wàs inconsistent. Additionally, for disasters declared on or after January 1, 2022, subrecipients must submit appeals using DHS/FEMA's Grants Portal system, in addition to GMS. An appeal must be submitted by the subrecipient within thei following  time frames:  Terms and Condltons-Februaly 2024  Page117    VOL TT  PAGE 811  a. Any DHS/FEMA determination - 60 days from the written notice oft the b. Second Appeal - 60 days from the written notice of the determination Appeals should be addressed to the TDEM's Deputy Chief of Recovery & Mitigation and should contain additional information that the subrecipient wants to have considered. Upon. receipt of an appeal from Subrecipient, TDEM will review the material submitted, and forward the appeal with a written For presidentially declared disasters on or after October 30, 2012, a subrecipient may choose to arbitrate in lieu ofsubmitting a second appeal. The arbitration program is designed to offer an alternate second appeal process,  by providing final adjudication through an independent, neutral panel of arbitrators for particular PA projects inyolving a dispute equal to ori in excess of $500,000 (or $100,000 ifi the.Applicant is in a "rural area", defined as having a population of less than 200,000 living outside an urbanized area) and must be filed within 60 days of réceipt of the first appeal decision. For spedficinformation, refer to  determination being made. made on the previous appeal.  recommendation to DHS/FEMA within 60 days.  44CFRS206:206. 2. Hazard Mitigation  In the event that à subrecipient does not agree with the determinations made by DHS/FEMA, the subrecipient has the right to file an appeal. This appeal must be submitted in GMS by Initiating a. New Project Appeal, attaching documented justification supporting the subrecipient's position, specifying the monetary figure in dispute and the provisions ini federal law, regulation, or policy with which the subrecipient believes the initial action was inconsistent. Inaccordance with 44G.FR5206.440, an appeal must be submitted by the a. Any DHS/FEMA or TDEM determination - 60 days from the date of the determination oft the appeal written on the DHS/FEMA lefter; b. Second. Appeal - 60 days from the written notice of the determination made on the previous appeal, The decision of the Second Appéal js final Appeals must be addressed tot the State Hazard Mitigation Officer (SHMO) and should contain additional information, in accordânce with Hazard Mitigation Assistançe (HMA) guidance, that the subrecipientwants to have considered by DHS/FEMA. Upon receipt of an appeal from the subrecipient, TDEM will forward  subrecipient within the following timet frames:  and not subject to arbitration.  the appeal to DHS/FEMA within 60 days.  Terms and Conditions- - February 2024  Page/18    VOLTT  PAGE 812  XXIV. Requests for Reimbursement  Subrecipient will request payment offunds on projects by initiating ar requestfor reimbursement (RFR) In GMS or an advance ofi funds request (AFR) through GMS. The request must include documentation supporting the request. Payments for open projects must be requested at least quartenylfexpenditures have been made in that quarter. If payment is not requested quarterly, Subreciplent is subject to enforcement mechanisms described in the Enforcement section (XIV). Additional monitoring may be required of subrecipients if funds are advanced. Small projects will be pald upon completion of work and submission of all necessary closeout documentation to TDEM. Due: to the increase of the small project maximum, subreclplents may require an Advance of Funds to pay eligible costs of  approved project scopes ofwork.  XXV. Quarterly Report Requirements  Subreciplents must submit quarterly progress reports (QPR) for open, large projects ini Public. Assistance, all Hazard Mitigation Grant Program, Building Resilient Infrastructure and Committees (BRIC), and Pre-Disaster Mitigation Grant projects using GMS. QPRs are due to TDEM the 15lh of the month after the reporting period  ends. The reporting period consists of 4 3-month periods:  a. Quarter 1 (Q1): October- - December b. Quarter 2 (Q2): January - March G. Quarter 3 (Q3): April - June d. - Quarter 4 (Q4):July-S September  Failure to submit required QPRs that demonstrate appropriate project progress for two or more quarters, or Requests for Reimbursement (RFR) not submitted quarterly, can result in the withholding or de-obligation of funding for subrecipients TDEM may use the data provided in QPRs when considering requests for overruns, period of performance extensions, or any other award activity. If projects are not progressing, TDEM will require additional reporting or may take any other  until all QPRs are submitted to TDEM.  appropriate action to comply with required standards.  XXVI. Equipment Records  When an individual item of equipment is no longer required fori federally-funded programs or projects, Subrecipient must calculate the current fair market value of the individual item. Ifitems have a fair market value in excess of $5,000.00, Subrecipient must make DHS/FEMA aware. For full rules and regulations regarding purchased  Terms and Condilons-Fehruary 2024  Page/19    VOLTT  PAGE 813  equipment, reference 2C.F.R. 200.313.  XXVII. FEMA Public Assistance Portal and FEMA GO  In addition to TDEM's Grants Management System, must utilize the required DHS/FEMA grant management systems. The FEMAPublic Assistance Delivery Model, or Simplified Application process, is ysedi to facilitate the writing of project worksheefs in FEMA's Grants Portal system (Portal). Thes subrecipient must establish and maintaina an active account in the Portal. Itis the subrecipient's responsibility to provide and upload timely, all information requested that is needed to write accurate projectworksheets. The Portal provides the subrecipient visibility of the entire project The FEMA Grant Outcomes (FEMA GO) platform is used to facilitate the application, tracking, and mànagement of Hazard Mitigation Grant Programs (HMGP) including Building Resilient Infrastructure and Communities (BRIC), Flood Mitigation Assistance (FMA), and HMGP Post Fire Assistance. The subrecipient is responsible for requesting and maintaining an active account in FEMA GO and responding timely to any information requested in order to complete the award process. The use of FEMA's Grants Portal and FEMA GO do not eliminate the requirement to  writingprocess.  use TDEM's Grants Management System.  XXVIL. Indireçt Cost Rates  The subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may usé the 10 percent de minimis rate of modified total direct costs (MTDC) (as per 2C.F.R. $200.414) when receiving Management Costs.  XXIX. Request for Information  TDEM and/or DHS/FEMA may request additional information from the subrecipient throughout the life cycle ofthis grant. This process, the Request for Information, herein referred to as RFI. DHS/FEMA RFIs may be received directly from TDEM's Grants Management System (GMS), FEMA systems (FEMA Grants Portal & FEMA GO), DHS/FEMA employees, or indirectly through TDEM representatives. DHS/FEMA RFI timeframes may vary, but due dates are always communicatèd upon transmission of the RFI. The TDEM RFI policies can be found in Exhibits G&  H.  Terms and Conditions - February 2024  Page 120    VOLTT  PAGE 814  Exhibits  Exhibit A: Assurance - Non-Construction Programs  (See Standard Form 424B)  As the duly authorized representative of subrecipient, Iç çertify that subrecipient 1. Has the legal authority to apply for federal assistance and the institutional, managerial and financial capabillty (including funds sufficient to pay the non-federal share of project-cost) to ensure proper planning, management and completion oft the 2. Will give the Department of Homeland Seçurity, the Texas Division of Emergency Management, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this grant and will establish a proper accounting system in accordance with generally accepted accounting 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational 4. Will initiate ànd complete thè work within the applicable time frame after receipt of 5. Will comply with the ntergovernmenta. Personnel Act of 1970 (42 U.S.C.S54728- 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A OfOPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will complywith all Federal statutes relating to nondiscrimination. These include buf are not limited to: (a) Title VI oft thè Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title Ix of the Education Amendments of 1972, as amended (20 U.S.C. $51681-1683, and 1685-1686 and 44 G.F.R. Part 19), which prohlbisdiscrimihnation on the basis of sex; (c) Séction 504 of the Rehabilitation Act of1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrinination Act of 1975, as amended (42U.S.C. 556101-6107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.92- 255), as amended, relating to nondiscrimination on the bàsis of drug abuse; () the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabiltation Act of 1970 (P.L. 91-616), as amended, relating to. nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and527 ofi the Public Heaith Service Act of 1912 (42 U.S.C. $$290dd-3 and 290ee-3), as amended, rélating to  project descriped in this grant.  standards or agencydiredtives.  copflict of interest or personal gain. approval of the awarding agency.  Terms and Conditions = February 2024  Page 124    VOL TT  PAGE 815  confidentiality of alcohol and drug abuse patient records; (h) Title VIl of the Civil Rights Act of 1968 (42 U.S.C.SS3601 et seq.), as amended, relating to nondiscrimination ini the sale, rentalor financing of housing; () any other nondiscrimination provisions in the specific statute(s) under which agreement: tfor Federal assistance is being made; and () the requirements ofa any other nondiscrimination statute(s) which may apply to the application.  7. Will comply or has already complied with the requirements of Titles Il and I ofthe Uniform Relocation Assistance and Real Property Acquisition Policles Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in realproperty acquired for project 8. Will comply, as applicable, with provisions of the Hatch Açt (5 U.S.C. $$1501-1508 and 7324-7328) which limif the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. S5276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18 U.S.C. $874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. $$327-333), regarding labor standards for ederally-assisted construction sub-agreements. 10.WIII comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients In a special flood hazard area to participate In the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a)! institution ofenvironmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, Including protection against natural disasters. To comply with NEPAfor DHSgrantsupported activities, DHS- FEMArequires the environmental aspects tobe reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; (c) protection ofwetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains In accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed underthe Coastal Zone Management Act of 1972 (16 U.S.C.S51451 et seq.); () comply with the Clean Air Act of 1977, (42U.S.C.S57401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical,  purposes regardless of Federal participation in purchases.  $10,000.00 or more.  Terms and Conditions = February 2024  Page122    VOL TT  PAGE 816  and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L.93- 523); and, (h) protection of endangered species under thel Endangered Specles Act 12.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. $51271 etseq.) relatedi to protecting components or potential components oft the national wild and 13.Will assist the awarding agency in assuring compliance with Section 106 ofthe National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (identification and protection of historic properties), and theArchaeolagical and Historic Preservation Act of 1974 (16 U.S.C. S$469a-1 etseq.). 14.Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026- 044 (Directive) regarding the protection of human subjects Involved in research, development, and related activities supported by this Grant. "Research" means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7L U.S.C. $$2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used In research, transported commercially, or exhibited to the public according toi the Guide for Care and Use ofL Laboratory Animals and Public Health Service Pollcy and Government 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.554801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of  of 1973, as amended (P.L. 93-205).  scenic rivers system.  state and local law for research using autopsy materials.  0  Principals Regarding the Care and Use of Animals.  residence structures.  17.Will cause tol be performed the required financial and compliance audits in accordance with the Single Audit. Act Amendments of 1996 and OMB Circular No. A- 133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non- 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policles governing this Grant.  Profit Organizations."  O  Terms and Conditions - February 2024  Page 123    VOL TT  PAGE 817  Exhibit B: Assurances- Construction Programs  (See Standard Form 424D)  As the duly authorized representative of subrecipient, Ic certify that subrecipient: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensureproperplaning. management and completion of 2. Will give the Department of Homeland Security, the Texas Diyision of Emergency Management, the Comptroller General of the United Statesand, ifa appropriate, the State, the right to examine all records, books, papers, or documents related to this grant and will establish a proper accounting system in accordance with generally 3. Will not dispose of, modify the use of, or change the terms ofthe real property title or other interêst in the sité and facilities without permissionand instructions from the awarding agency. Will record the federal awarding agency directives and will include acovenant in the title of realproperty acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life oft this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to thé drafting, review and approval of construction plans andspecfications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site fo ensure that the complete work çonforms with the approved plans and specifications and will furnish progressive reports and such.otheri information as 6. Will initiate and complete the work within the applicable time frame afterreceiptof 7. Will establshsafeguards to prohibit employees from using their positionsfora purpose that constitutes or presents the appearance of personal ororganizational 8. Will comply with the ntergovermental Personnel Act of 1970 (42 U.S.C. $$4728- 4763) relating to. prescribed standards of merit systems for programs funded under onè ofthe 19: statutes or regulations specifiedin Appendix A of OPM's Standards for a Merit System of Personhel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. $$4801 et seq.) which prohibits the use of Jead-based paint in construction or rehabilitation  project described in this Grant.  accepted accounting standards or agency directives.  may be required by the awarding agency orState.  approval of the awarding agency.  conflict of interest or personal gain.  of residence structures.  Terms and Conditions- February 2024  Page 124    VOLTT  PAGE 818  10.WIlI comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Acto of1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of fhe Education Amendments of 1972, as amended (20 U.S.C. $$1681 1683, and 1685- 1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Actof 1975, as amended (42 U.S.C. $56101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. $$290dd-3 and 290ee-3), as amended, relating to confidentialily of alcohal and drug abuse patient records; (h) Title VII oft the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; () any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and () the requirements of any other nondiscrimination statue(s) which may apply to the agreement,  11.Will comply with the provislons of the Hatch Act (5 U.S.C. $51601-1508and7324 7328) which limit the political activities of employees whose principal employment 12.Will comply or has already complied with the requirements of Titles II andIII of the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970 (P.L. 91-646) which provide fori fair and equitable treatment of persons displaced or whose property is acquired as a resultof federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project 13.Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. $S276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18 U.S.C. $874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. $$327-333) regarding labor standards for sayrassaccmainucn sub-agreements. 14.Will comply with flood insurance purchase requirements of Section102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) whichrequires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or 15.Will comply with environmental standards which may be prescribed pursuant to the  activitles are funded in whole or in partwithFederal funds.  purposes regardless of Federal participation in purchases  more.  Terms and Conditlons - February 2024  Page125    VOL TT  PAGE 819  following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protectand enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management. Act of 1972 (16 U.S.C. $$1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C.SS7401 et seq. and Executive Order 11738) providing for the protectionof: and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining thechemical, physical, and biological Integrity ofi the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of1973, as amended (P.L. 93-205). 16.Will comply with the' Wild and Scenic Rivers Act of 1968 (16 U.S.C. $S1271 et seq.) related to protecting components or potential components oft the national wild and 17.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. $$469a-1 et seq). 18.Will cause to be performed the required financial and compliance auditsin accordance with the Single Audit. Act. Amendments of 1996 and OMBCircular No. A-133 (now OMB2C.F.R.. 200.500), "Audits of States, LocalGovemments, and 19.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this grant.  scenic rivers system.  Non-Profit Organizations."  Terms and Conditons-Februay 2024  Page 126    VOLTT  PAGE 820  Exhibit C: Certifications for Grant Agreements  The undersigned, as the authorizéd official, certifies the following to the bestof his/her 1. No federal appropriated funds have been paid or will be paid by or dm behalf of the undersigned to any person for influencing or attempting toi influerice an officèr or employee of an agency, a Member of Congress, àn officer. or employee of Congress, or an employee or a Member of Congress in connection wifh the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any coaperative agreement, and the extension, continuation, renewal, amendment,or mpdification of ary Federal contract, grant, loan, or 2. lfanyi funds other than federal appropriated funds have been paid orwill be paid to any person for influencing or attempting" to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, oran employee or a Member of Congress in connection with this federàl contract, grant, loan, or cooperative agreement, the-undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. 3. The undersigned shall require that the language of this certification prohibiting lobbying be inclyded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cboperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance wasplaced when this transaction was made or entered into. Submission of this certification isa prerequisite for making or entering into this transaction imposed by Section1352, Title 31,U.S. Code. Any person who fails to file the required certification shall be subjectto a civil penalty of not less than $10,000 and not more than $100,000 for 4. Asr required by Executive: Order 12549, Debarment and Suspensign, and implemented at 28 C.F.R. Part 67, for prospective participants in primary Govered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification), a. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal departmentor agency. Subrecipientcan access debarment information by going to www.sam.gov and the State Debarred Vendor List at: www.window.siate.xisprocurementprog/vendor performance/debarred.  knowiedge and belief:  cooperative agreement.  each such failure.  the subreciplent certifies that it and Its principals and vendors:  )  Terms and Conditions - February 2024  Page 127    VOL TT  PAGE 821  b. Have not within a three-year period preceding this grant been convicted of or had acivil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false Are not presently indicted for or otherwise criminally or civilly charged by a governmenta entity (federal, state, or local) withcommission of any of the offenses enumerated In paragraph (D)(2) of this certification; d. Have not within a three-year period preceding this grant had one or more public transactions (federal, state, orl local)terminated for cause or default; or e. Where subrecipient is unable to certify to any of the statements in thls certification, he or she shall attach an explanation to this grant. (Federal  statements, or receiving stolen properly;  Cerlification).  5. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal 6. Subrecipient will complyv with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and subrecipient will require such compliance in any subgrants or 7. Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of2 C.F.R. 8. Subrecipient is not delinquent on any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for 9. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program andadministrative requirements, policies and 10.Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination orreduction offunds in this grant.  funds.  contract ati the next tier.  Part: 3001.  additional information andguidance.  any other requirements governing this grant.  Terms and Conditions- - February 2024  Page[28    VOLTT  PAGE 822  Exhibit D: State of Texas Assurances  As the duly authorized representative of subreciplent, Icertify that subrecipient: 1. Shall comply with Texas Govemment Code, Chapter 573, by ensuring that no officer, employee, or member oft the Subreciplent's governing body or of the Subrecipients contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted In the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of ai facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, orshall provide the grantor agencywith a cerlification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules If the Subreciplent is a law enforcement agencyregulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional  otherwise expressly prohibited by law.  a person who is in arrears on child support payments.  enforcement agency.  guidance on contract provisions). Terms and Conditions- - February 2024  Page 129    VOLTT  PAGE 823  8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Depariment of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabiltation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps and the Americans with Disabllities Act of 1990 including Titles 1, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certaintesting entities, 44 U.S.C.SS 12101-12213; (d) the. Age Discrimination Act of 1974, as amended (42 U.S.C. $56101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L.91-616), as amended, relating to the nondiscrimination on the basis of aicohol abuse or alcoholism; (9)85523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. $$290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, ori financing of housing; (1) any other nondiscrimination provisions ini the specific statute(s) under which application for Federal assistance is being made; and () the requirements of any other nondiscrimination statute(s) which may apply to thisgrant.  aware of this requirement.  10.Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. $$276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18U.S.C. $874), and the ContractWork. Hours and Safety Standards Act (40 U.S.C. $$327-333), regarding labor standards fori federally assisted construction subagreements. 11.Shall comply with requirements ofthe provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal  participation in purchases.  12.Shall comply with the provisions of the Hatch Political AclivilyAct(sU.S.C. .SS7321-  Terms and Conditions. - February 2024  Page130    VOLTT  PAGE 824  29), which limit the polltical activity of employees whose principal employment 13.Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as 14.Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) listo ofViolating Facilities and that itwill notify the Federal grantor agency of the recelpt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under 15.Shall comply with the flood Insurance purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973, Publicl Law 93-234. Section 102(a) requires the purchase of flood insurance in communitles where such insurance is available as ac condition fori the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood 16.Shall comply with environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Execufive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection ofwetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains In accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management. Actof 1972 (16 U.S.C. $51451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean. Air Act of 1977, as amended (42 U.S.C. SS7401 et seq.); (g) protection of underground sources of drinking water underthe Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); and (h) protection of endangered specles under the Endangered Species Act 17.Shall comply with the Wlid and Scenic Rivers Act of 1968 (16 U.S.C. $$1271 et seq.) related to protecting components or potential components of the national wild and 18.Shall assist the awarding agency in assuring compliance with Section 106 oft the National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (dentification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. SS469a-1 et seq.).  activities are funded in whole or in part with Federal funds.  applicable.  consideration for listing by the EPA (EO 11738).  hazards.  of1 1973, as amended (P.L. 93-205).  scenic rivers system.  Terms and Condlions- February 2024  Pagel I31    VOL TT  PAGE 825  19.Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7U.S.C. $$2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government 20.Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. $$4801 etseq-)which prohibits the use of lead-based paint in construction or rehabilitation of 21.Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smpking within any portion of any indoort facility used for the provision of 22.Shall comply with all federal tax laws and are solely responsible for filing all required 23.Shall comply with all applicable requiremehts of all other federal and state laws, executive orders, regulations, and policies governing this program. 24.And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity andi iti is not listed on a state or: federal government's terrorism watch list as described! in! Executive Order 13224. Entitles ineligible for 25.Shall adopt and implement applicable provisions oft the model HIVIAIDS workplace guidelines oft the Texas Department ofHealth as required by the Texas Health and  Principals Regarding the Care and Use of Animals.  residential structures.  services for children. state and federal taxforms.  federal procurement have Exclusions listed at SAM.gov.  Safety Code, Ann., Séc. 85.001, et seq.  Terms and Conditions.- February 2024  Page 13 32    VOLTT  PAGE 826  Exhibit E: Environmental Review  As the dulyauthorized representative of subrecipient, Icerlify that subrecipient: 1. Shall assess Its federally funded projects for potentlal impact to environmental 2. Shall submit any required screening form(s) as soon as possible and shall comply with deadiines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. 3. Shall include sufficient review time within its projecti management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and TDEM will not authorize or 4. As soon as possible upon recelving this grant, shall provide information to TDEM to assist with the legally required EHP review and to ensure compllance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988-Floodplain Management, EO 11990. - Protection ofWeflands, and EO 12898 - Environmental Justice, Subrecipient shall comply with all Federal, State, and local EHP requirements and 5. Shall not undertake any activity from the project that would result in ground disturbance, faclity modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical secunlyennancements involving ground disturbance, new  resources and historicproperties.  release Grant funds for non-compliant projects.  shall obtain applicable permits and clearances.  construction, and modifications tol buildings.  6. Shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can 7. Ifg ground disturbing activities occur during project implementation, subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, subrecipient shall immediately cease construction ini that area and notify FEMAand the appropriate State Historical Preservation Office.  proceed.  O  Terms and Conditions = February 2024  Page]33    VOL TT  PAGE 827  Exhibit F: Additional Grant Certifications  1. Public Assistance and Hazard Mitigation Program Grant (HMGP)  a. Match Certifications  Subrecipient certifies that It has the abillty to meet or exceed the cost share required for all subawards (projects) and amendments (versions) under this  Grant Agreement.  b. Duplication of Program Statement  Subrecipient certifies there has not been, nor will be, a duplication of benefits for  this project Match Certification. C. Federal Debt Disclosure  Subrecipient certifies that it not delinquent on and Federal debt.  2. HMGP Only  a, Maintenance Agreement  Applicant certifies that there is a Maintenance Agreement needed for this facility  and that a copy oft that agreement will be provided to TDEM.  b. Environmental Justice Statement  Federal Executive Order 12898 compliance requirements - Ifthere are any concentration of low income of minority populations in or near the HMGP A Applicant certifies that the HMGP project result will not result Ina a disproportionately high effect on low income or minority populations. H. Applicant certifies that actions will be taken to ensure of environmental justice for low income and minority populations related to this HMGP  projects:  OR  project.  Terms and Conditions = February 2024  Page [34    VOL TT  PAGE 828  Exhibit G: Request for Information Policy  Timelines for providing complete and accurate information and documentation are crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects. TDEM has developed a framework following a progressive series of communications for the Subrecipient, referred to as Request for Information (RFI). TDEM will work with Subrecipients throughout the RFI process as communication This poljcy will be applied to Public-Assistance and Hazard Mitigation projects for management and closeout activities after obligation. This policy will address non- responsive and inadequate responsès to requests for. information. Although the timeline outlines milestones to be completed, nothing limits the ability of TDEM frôm sènding  is the keyt to-success.  communications.  TDEM regional coordinators or the Support Affiliate will reach oyt to Subrecipient's primary contact reguesting thei information Ifadequate response is not received, TDEM Regional Unit Chief will reach outto Subrecipient primary contact. Communication Ifadequale response is not received, TDEM Regional Section Chjef will reach out to Subrecipient primary contact. Gommunication willl be documented in GMS. lfadequate response is not received, TDEM1 regional coordinator or Support.A Affiliate will send al letter, signed bythe Reglonal Unit or Section Chief notifying the subreciplent of the missed deadline and any action that willl be laken, Ifs Subrecipient requires additional time av written request must be submitted to the. Regional Coordinator no later than Day 30. Extensions will be approved at" TDEM's discretion and upto 30 days may be granted; in total an RFIwil have a window of no more than 60 days. Ifadequate response is not reçeived, TDEM regional coordinator will send al letter, signed by the Règionallnif or Section Chief nolifying the subrecipient of the missed deadline and any action that) will be taken.  Day needed. Communication will be documented in GMS.  Day  will bé documentedi in GMS.  Terms and Conditions-F February 2024  Page 135    VOLTT  PAGE 829  Exhibit H: Pre-Obligation Request for Information Policy  Timelines for providing complete and accurate information and documentation are cryclal to-the success ofthe overall Grant Program and to the timely obligation of projects. TDEM has developed a framework following a progressive series of communications for the subrecipient, referred to as Request for Information (RFI). TDEM will work with subrecipiènts throughout the RFI process as communiçation is the This poljoy will be applied to Hazard Mitigation projects for management activities pre- obligation. This policy wil address non-responsive and inadequate responses to requests for information. The timeline outlined below represents a single, 15-day period beginning from TDEM's first revièw of Subrecipient's application, Failure to supply timely rèsponses could result in dismissal of application or awàrd submission. Although the timeline outlines milestones, to be completed, nothing limifs the ability of TDEMfrom  keyto suiccess.  sending communications.  Upon initial review of Subrecipienl's HMGP application, TDEM staff willi initiate çontactwith; Subrecipient via email. This first communication begins the 15-day pre-obligation request for  information policy timeline,  5 days after thet first communication, ifadequate response Is not received, the! Regional Unit Chief willi issue ar read receipt, high highlighting previous requests and notifying Subrecipient of the 107 remaining days to provide the requested information. 5 days after the second communiçation, If adequate response ist not recelved, TDEM: staff willi issue at formal reminder through a letter signed by thel Regional Unit Chief ande emalled. fot the Subrecipiènt's primary contact and Certifying Official Iformring them oft the final 5 days remaining to provide: the'r requested Information. The Assistant Chiefi Is to be dopied on the email. for 5d days after the third communication, ita adequate responsei is not recelved, TDEM: staffv will send al lelter, signed byt the Reglonal Unit. Chief, to Subrecipient's primary contact notifying  Day6 importance email to the: Subrecipient's primary contact  visibility.  av  Subrecipient of missed deadline.  Terms and Condlions-February 2024  Page [36    VOLTT  PAGE 830  Exhibit :: Recoupment of Funds  Procedure Summary  1. This procedure js to ensure responsible spending of federal dollars, 2CFRS 200.344 and 2CFR6200.345 require that the State of Texas and the Texas Division of Emergency Management (TDEM) act to identify and recover any 2. This procedure appljes to all Division subrecipients that receive funds from or through TDEM and explains the process by which funding to subrecipients will be recovered in the event that.such funding is determined to be an overpayment or is not expended appropriately under the terms and conditions between TDEM and the subrecipient andlor applicable FEMA program, statue, regulations, or guidânce, 3. The federal dollars described in this- policy are passed through the Division, which serves as the Governor's authorized representative for Gertain federal grants and awards. Any amount of debt owed to the federal government is ultimately the responsibility of the State of Texas, not specifically the responsibility of the Division.  improper payments.  Procedure  1, Applicability of Recoupment  1.1.This procédure will be applièd to subrecipients that have been determined by the Division to have received an overpayment or that the Division determines has not spent federal funds in accordance with their grant or financial award.  2, Recipient's Responsibilities  2.1.subrecipients are required to sign Grant Terms and Conditions prior to réceipt of funds that stipulate subrecipients shall refund to the Division any sum that has been determined by the Division to be an overpayment to Subrecipient or that the Division determines has not been spent by Subrecipient in accordance with 2:2.No refund payment(s) shall be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted under the applicable 2.3.Subrecipients shall make such refund to the Divisionwithin thirly (30) calendar  their grant or financial award.  program.  days after the Division requests such refund.  3. Division Collection Actions Terms and Conditions - February 2024  Page 137    VOL TT  PAGE 831  3.1.Upon determination that à subrecipient has received an overpayment or has not expended funds in accordance with the grant or fiscal award, the following steps 3.1.1. First Formal Communication: A recoupment letter will be sent to the subrecipient's Authorized Agent(s) highlighting the amount of federal funds owed, electronic transfer information, and the requirement to repay the 3.1.1.1. The communication will be sent using electronic mail to the designated agent Identified in the grant/funding application, and; 3.1.1.2. Posted in TDEM's Grants Management System (GMS), and; 3.1.2. The Division will confirm receipt of the recoupment letter by elther recelving a written confirmation from the subrecipient or making documented verbal contact with the subrecipients designated agent, mayor, or county 3.1.3. Ifthe subrecipient fails to make repayment of the amount identified in the recoupment letter within thirty (30) business days of receipt of the letter, the Division may offset an applicant's owed funds against current available funding due to applicant unless an agreement to return funding is reached 3.1.4. Ifthe repayment is not made, the Division shall send an additional notice to the subrecipient by electronic mail and posted to the TDEM Grants Management System (GMS) thirly (30) to forty-five (45) days after the first letter was sent and then confirm receipt of the recoupment letter by either receiving a written confirmation from the subrecipient or making documented verbal contact with the subrecipients designated agent, mayor, or county judge as applicable. This letter will indicate the amount of funds that have been transferred to offset the amount due and remaining balance or will confirm if offset will occur. In addition, the letter will contain information related to recoupment options that may be taken in accordance with section Ift the repayment is not made after the second letter, the Divislon shall send a third notice to the subrecipient by electronic mail and posted to the TDEM Grants Management System (GMS) thirly (30) to forty-five (45) days after the second letter was sent and then confirm receipt of the recoupment letter by either receiving a written confirmation from the subrecipient or making documented verbal contact with the subrecipients designated agent, mayor, or county. judge * as applicable. This letter will indicate the amount of funds that have been  will be taken:  amount within thirly (30) calendar days.  judge as applicable.  with the applicant as approved by TDEM  3.2 Delinquent Accounts.  Terms and Condltions-Fabnuary, 2024  Page/38    VOLTT  PAGE 832  transferred to offset the amount due and remaining balance or will confirm if offset will occur. In addition, the letter will contain information related to recoupment options that may be taken in accordance with section 3.2 Delinquent 3.1.5. IFthe subrecipient fails to make repayment of the amount identified in the recoupment letter or enter an agreement to repay the funding with the Division approved by TDEM within one hundred twenty (120) days from the date that the original recoupment letter was sent, the Division will take any and all authorized actions to withhold funding for other grants, including issuing a State Comptroller Warrant Hold and/or referring the matter to the attorney general. The Division shall notify the subreciplent of any such  Accounts.  decision.  3.2.Delinquent Açcounts  3.2.1. Delinquency Determination  3.2.1.1. lfasubrecipient fails to make repayment of the amount identified in the recoupment letter or enter an agreement approved by TDEM to repay the funding with the Division within 120 days from the date the original reçoupment letter was sent, the Division may determine that the  account is delinquent.  3.2.1.2. At TDEM's sole discretion, TDEM may authorize payment plans that fully reimburse the full amount owed over a 1-9-month period or prior to the end of the grant period. From time to time, varlances in approved timelines may occur based on the phase of the grant process and other timelines determined by FEMA such as periods of performance and closeout liquidation periods.  3.2.1.3. Should a subrecipient enter into a payment plan and then fail to make more than one timely payment, the payment plan shall be considered invalid and the full balance shall be due within 30 calendar days. If payment is not made within 30 days, the actions contained  within Section 3.1.7 and Section 3.2.  3.2.2. Warrant Hold Process  3.2.2.1. Once the Division has determined that the debt is delinquent, the Division may utilize the state comptroller's warrant hold process to ensure payments are not issued to the individual or entity that is  indebted to the state.  3.2.3. Referral to the. Attorney General  Terms and Condltions - February 2024  Page/39    VOL TT  PAGE 833  3.2.3.1. Once the account is determined to be delinquent, the DIvision may determine whether to refer the account toi the Attorney General through  the System Office of the General Counsel.  3.2.3.2. The determination as to the manner in which to pursue the collection of the account must consider the following:  3.2.3.2.1. The size of the debt;  3.2.3.2.2. The existence of any security or collateral; 3.2.3.2.3. The likelihood of collection through passive means; 3.2.3.2.4. The cost to the Division or Attorney General in attempting to 3.2.3.2.5. The availability of resources within the Division or Attorney General to devote to the collection of the obligation.  collect the obligation; and  3.2.4. Referral to the Attorney General  3.2.4.1. Upon a determination to refer to the Attorney General, the Division shall notify the subrecipient of the delinquency status of the account, including the amount in no more than two mailed letters. 3.2.4.1.1. The first demand letter shall be malled USPS First Class Mail within 30 days after the debt has been determined delinquent  and an Attorney General referral Is desired.  3.2.4.1.2. The second demand letter shall be mailed USPS First Class Mail between 30-60 days after the first demand letter was mailed if  repayment oft the amount has not occurred.  3.2.4.2. Ifthe Division determines that it will refer the matter to the Attorney General, it shall, through the System Office of the General Counsel, notify the Attorey General around the 90th day after the first demand  letter was sent.  3.3.The Division shall maintain copies of all communications with the subrecipients regarding the recoupment of the grant or financial award funding.  4. TDEM's Ability to Remedy  Nothing In this procedure shall limit TDEM's ability toi implement alternative remedies  which itl has authority to resolve outstanding recoupments.  for  Terms and Conditions - February 2024  Page/40    VOLTT  PAGE 834  Nothing in this policy shall prohibit TDEM from immediately taking any reçoupment action after the first thirty (30) day notice has been issued requesting repayment.  Related Statutes, Policies, or Requirements  Texas A&M University System Requlation 21.01.04  1Tex. Admin. Code Section 59.2 Tex. Gov't Code Section 403.055 Tex. Gov't Code Chapter 2107  Texas A&M University System. Office Collection and Write-off Guidarice  Texas A&M Uhiversify System Requlation 09.04.01,  Terms and Conditons-Februalry 2024  Pager141    VOL TT  PAGE 835  Exhibit B Delta County, Texas Federal Requirements  Int the event ofac conflict between the provisions of the Agreement fo which this Exhibit! B applies andi this ExhibitE B, the  provislons oft this Exhibit B shall control.  During the performance oft this Agreement, the Engineeragrees: asi follows: Compliance with Federall Law, Regulations, and Executive Orders:  The! Engineer acknowledges that FEMA financial assistance will! be used fo fund all or a portion oft the contract. The Engineer will comply with all applicable Federal law, regulations, executive orders, FEMA policles, procedures, and Thel Federal Govemmenti is nota aj parlyt to this Agreementandisn nots subject to any obligations or liabilities to the Owner, The Engineer acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)  directives.  No Obligation by Federal Government:  Engineer, or any other parly pertainingt to any matter resulting from the Agreement. Program Fraud and False or Fraudulent Statements or Related Acts: appliest tot the! Engineer's actions pertaining to this contract. Access to Records and Retention of Records:  The Engineer agrees toy provide the Owner, Texas Division of Emergency Management, the FEMA. Administrator, the Comptroller General ofti the United States, or any oftheir authorized representatives access to any! books, documents, papers, and records oft the Engineer which are drectly pertinent to this Agreement for thej purposes oft making audits, examinations, excerpts, and transcriptions. The Engineer agrees toj permit any of thei foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Engineer agrees to provide the FEMA Administrator or his/her authorized representatives access fo construction or other work slies pertalning toi the work being completed under the Agreement. In compllance with the Disaster Recovery Act of2018, the Owner and the Engineer acknowledge and agree that nol language in fhis Agreementi is intended to prohibit audits The Engineer shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed and shall be subject to ths examination and/or audit of the Owner, ai federal agency, and The Engineer shall not use the DHS seal(s), logos, crests, ar reproductions of flags or likenesses of DHS agency In addition to any remedies set forth in the Agreement, and except as otherwise limited In the Agreement, upon the breach oft the Agreement by Engineer, the Owner shall have such administrative, contractual, and legal remedies as Under Titlel Vlofthe Civill Rights Actof1964,49C CFRPart21,and: 28 CFR Section 50.3, no personi int thel United States shall, on. the grounds of race, color, or national origin, be excluded from participation in, be denied thel benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance.  orinternal reviews byi the FEMAAdministrator ort the Compiroller General oft the United Slates.  the state ofTexas,  Department of Homeland Security (DHS) Seal, Logo. and Flags:  officlals without specific FEMA pre-approval.  Remedies:  are available toi itp pursuant to applicable law. Title Mofthe Civill Rights Act of1964:  Federal! Requiements  Page1of6    VOL - TT  PAGE 836  Consultant certifies that It complles with this requirement andfor will immedlately lake any measures to comply with Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area The Engineer, in accordance with the provisions of Title Vi of the Civill Rights Act of 1964 (78 Slat. 252, 42 U.S.C. SS 2000d to 2000d-4) and the Regulations, will affirmatively ensure that disadvantaged business enterprises will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." If subcontracts are to be let, the Engineer must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area fimms are used when possible. Affirmative steps must include:  this requirement. Firms:  Placing qualified small and minority! businesses and women's! business enterprises on solicitation Iisis; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they Dividing total requirements, when economically feasible, into smaller tasks or quanlities to permit maximum EstablIshing delivery schedules, where the requirement permits, which encourage participation by small and Using thes services and assistance, as appropriate, ofsuch organizallons ast the Smalll BusihessAdministration  are potential sources;  participation by small and minority businesses, and women's business enterprises;  minority businesses, and women's business enterprises; and  and the Minority Business Development, Agency oft the Department of Commerce,  Equal Employment Opportunify:  The Englneer will not discriminate against any employee or applicant for employment because ofr race, color, rellgion, sex, sexual orientation, gender identily, or national origin. The Engineer will take affimative action to ensure that applicants ares employed, andt thate employees arel treated during employmentwithout: regard! tot theirrace, color, religion, sex, sexual orientation, gender Identily, or national origin. Such action shall Include, but not bel limited to the following: Employment, upgrading, demolion, or transfer; recrultment or recrultment advertising; layoff or termination; rates ofpay or otherforms of compensation, and seleclion for training, including apprenticeship. The! Engineer agrees to post In conspicuous places, avallable fo employees and applicants for employment, nolices to be  provided setting forth the provisions oft this nondiscrimination clause,  The Englneerwill, in all solicitations or advertisements. for employees placed! by or on behalf of the Engineer, stale that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual The Engineer willl not discharge ori In any ofher manner discriminate against any employee or applican! fore employment because such employee or applicant has inqulred about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to Instances in which an employes who has access to the compensation information of other employees or applicants as a part of such employee's essential job funclions discloses the compensatlon of such other employees or applicants tol Individuals who do not otherwise have access to suchi Information, unless such disclosure is in response to ai formal complaint or charge, Int furtherance of an investigation, proceeding, hearing, or aclion, Including an Investigation conducted by the employer, or Is The Engineer will send to each labor unlon or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the sald labor union or workers' representatives of the Enginee's commitments under this section and shall post coples oft the notice In conspicuous  orientation, genderi identily, or national origin.  consistent with thel Engineer's legal duly to furish Information.  places avallable to employees and applicants for employment.  Federal Requirements  Page2of6    VOL TT  PAGE 837  The Englneer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, The Engineer will fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders oft the Secretary of Labor, or pursuant thereto, and will permit access tol his books, records, and accounts by the administering agencya andt the ayalatrpadasiw to ascertain Int the event oft the Engineer's noncompliance withi the nondiscrimination clauses oft this contract or with any oft the said rules, regulations, or orders, this contract may be canceled, teminated, or suspended in whole or in part and the Engineer may be declared ineligible for further Government contracis or federally assisted construction contracis In accordance with procedures authorized in Execulive Order 11246 of September 24, 1965, and such ofher sanctions may be imposed and remedies Invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, The Engineer will Include these provisions in every subcontract or purchase order unless exempled by rules, regulations, or orders oft the Secretary ofLabor issued pursuant to section 2040 ofExecutive Order11246 of Seplember 24, 1965, so that such provisions willl bel binding upon eachs subcontractor or vendor. The Englneerwillt take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of  regulations, and relevant orders oft the Secretary of.Labor,  compliance with such rules, regulations, and orders.  regulation, or order oft the Secretary ofLabor, or as otherwise provided by law.  such provisions, Including sanctions for noncompliance:  enforcing  Provided, however, that in the event an Engineer becomes Involved in, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Engineer request the United States to enter Into such litigation fo protect the interests of the United States. The! Engineer further agrees thati ity will bel bound byt the above equal opporlunity clause with respect to lts own employment praclices when it participates In federally assisted construction work: Provided, that if the Engineer so! participating isa State orl local govemment, the above equal opportunity clause is not applicable to any agency, instrumentalty or subdivision of such govemment which does not participate in work on or Thel Engineer agrees that itwil assist and cooperate activelywilh the administering agency and the Secrelary ofLaborino obtaining the compllance of contraciors and subcontractors with the equal opporlunity clause and the rules, regulations, and relevant orders of the Secrelary of Labor, that it will furnish the administering agency and the Secrslary of Labor such information as they may require for the supervision of such compliance, andi thati ity will otherwise assist the: administering agency In the discharge oft the agency's primary Thel Englneer further agrees thati il will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Govemment contracis and federally assisted construction contracis, pursuant to the Executive Order and will carry out such sanctions and penalles for violation of the clause as may bei imposed upon contractors and subcontractors by the administering agency equal or the opportunlly Secretary ofLabor pursuant to Part I, Subpart D of the Executive Order. In additlon, the Engineer agrees that fltf falls or refuses to comply with these undertakings, the administering agency may take any or all of the actions: Cancel, terminate, or suspend in whole or Inj part this grant (contract, loan, insurance, following refraln from extending any further assistance to the applicant under the program with respect to guarantee); whlch fallure or refund occurred unti satisfactory assurance of fulure compliance has been received from such the applicant; and refer the case to thel Department of. Justice for appropriate legal proceedings.  may  under the contract.  responsibility: for securing compliance.  Federal Requirements  Page 3of6    VOL TT  PAGE 838  Clean Air Act and Federal Water Pollution Control Act:  The.Engiheer agrees to comply with all applicable standards, orders. or regulations issued pursuant tot the Cleah Air Act, as amended, 42U.S.C. 57401 etseq. The Engineeragrees toreport eachviolation tot the Ownerand underslands andagreest that! the Dmerwl.htm,repatem.h violatiom as. requiredto assure notification. lo thel Federal Emergency Management Agency, and the appropriate Environmental Protection, Agency Regional Ofice. The) Engineer agrees to include these requirements in each subcontract exceeding $150,000. financed in whole or in part With Federal The Engineer agrees lo comply with all applicable standards, orders, or règulations issued pursuânt to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Engineer agrees to report each violation to: the Owner and understands and agrees that the Ownerwill, in tur, reporte each violation as required to assure nolification to the Federal Emergency Management Agency, and the appropriate Environmental Profection Agency Regional Office. The contractor agrees toi includel these requirements in each subcohtract exceeding$150,000: financed jn whole This Agreemént Is a covered) transaction forp purposes of2C.F.R.pt. 180 and! 12CF.R.pL 3000, Assuch, the Engineer is required to verifyt that none oft the Engineer's principals (deinedat2C.FR.S 180.995) drits affiliates (definedat2 C.F.R.5180.905): are excluded (defined at2CFR.$180.940) ordisqualified (defined a2C.FR.S 180.935). The Engineer must comply with 2 C.F.R. pt. 180, subpart C and 2 G,F.R. pl. 3000, subpart C, and must include a réquirement to çomply with these regulations in any lowert tier covered transaction Ite enters Info. This cerlification' is ai mâterial répresentation roff fact relied upon by Owner. Ifit is later determinedi that the Engineer did not comply with 2G.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, fn addition to (emedies available to Owner, the Federal Government may pursue available remedies, including but not limjted to suspension andlor The Engineer agrees to comply with the requirements of2 G.FR. pt. 180, subpart C and: 2 G.F.R. pt. 3000, subpart C while this offeri is.valid and throughoutthe period oft this Agreement. The. Engineer further agreès toi include a provision In the performançe of thjs Agreement, the Engiheer shall make maximum use of products containing recoyered 1. Competitively within-at timeframe providingi for compliance with the contract pérformance schedule;  assistance provided by FEMA.  ori In part with Federal assistance provided by FEMA.  Debarment and Suspension:  debarment.  requiring such compliance ini its lower tier covered transactions, Procurement of Recovered Materials/Solid Waste Disposal Act: materials that are EPA-designated items unless the product cannot be acquired--  2. Meeting contract performance requirements;or  3. Ataredsonable price.  Information about this requirement, along with the list of. EPA- designated items, is available al EPA's Comprehensive Procurement Guidelines web site, Comprehensive Procurement Guideline (CPG) Program/USEPA The Engineer aso agrees to complywith all otherapplicable requirements of Section 6002 of the Solid Waste. Disposal The Engineer warrants and represents that it has no conflict of intèrest associated with the FEMA award between FEMA and the Owner or this Agreement. The Engineer further wârrants and represents that T shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the FEMA award between FEMA and the Owner or inany business, entity, organization or person that may bénefit froin the award. The Engiréer furtheragrees  Act. Conflict of Interest:  thati it will not employ an individual with a conflict ofi intérest as described herein.  Federal Requirements  Page 40f6    VOL TT  PAGE 839  Section 109 oft thel Housing and Community Development. Act of 1974:  Thel Firm shall complywitht thep provisions of Section 109 oft thel Housing and Community Development. Actof1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activily funded in Thel Engineer agrees that no otherwise quallfied individual with disabilities shall, solely by reason of his/her disabilly, be denled the! benefits of, or bes subjectedt todiscimination, Including disctiminationine employment, underanyp program The Engineer shall complyy with the Age Discrimination. Act of 1975 which provides that no person In! thel United States shall ont the basls ofa age be excludedi from participation! in, be denied thel benefits of, orb bes subjected fo discrimination Ast required! by Chapter 2270, Texas Govemment Code, thel Enghneerherebyverifies thati idoes not! boycol! Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycolt Israe!" means refusing to deal with, terminating business activities with, or otherwise taking any action thati is intended to penalize, inflict economic! harm on, orli limit commercial relations specifically with Israel, orwith a person or entity doing! business inl Israel ori in an! sraell-controlled territory, but does notl include an action made for ardinary business purposes. Pursuantt to Chapter2 2252, Texas Govemment Code, thel Engineerrepresents: and certifies that, att thei time ofe execution ofthis Agreementr nelther thel Engineer, nor any whally owned subsidiary, majority-owned. subsidiary, parent company or affiliate ofthes same ( engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 oft the Texas Govemment Code, or Subchapter F of Chapter 2252 of the Texas Govemment Code, or () is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, ar 2252.153 oft the Texas Govemment Code. The term' "forelgn terrorist organization" in this paragraph has the meaning  whole ori inj part with funds made avallable underi this title. Section 504 oft fhe Rehabllitation. Act of 1973, as amended: or activity receving federali financial assistance. Age Discrimination, Act of1975:  under any program ora activily recelving federal financial assistance.  Verificatlon No Boycott Israel:  Foreign Terrorist Organizations:  assigned tos such term in Section 2252.151 ofthe Texas Government Code.  Energy Efficiency:  Thel Engineer shall comply with all mandatory standards and policies relating to energy efficiency, which are contained  int thes state energy conservation plani issued.  (Ther remainder of this page isi intentionally left blank.)  Federal Requirements  Page 5of6    VOL - TT  PAGE 840  ByrdAntl-Lobbying, Amendment, 31 USCifsZisamended:  APPENDXA,AAGERPAETAB-CERTFCATON REGARDNGLOBBYNGG Gerlification for Gontracts, Grants,  Loans, and Cooperative Agreements  The undersigned certifies, to the best ofl his or her knowledge and belief, that;  1. No Federal appropriated funds have been paid or will be paid, by dr on behalf oft the undersigned, to any personi forinfiuencing or attempting tol influence an officer or employee ofa an agency, al Member of Congress, an officer or employeè of Congress, ora ahs employee ofal Membero of. Congressi inc connection withi ther awarding ofa any Federal contract, the making ofa any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any 2: fanyfunds othert than Federal appropriated funds havel been paid orwill! bey paid! fo: any person fori inflgencing orattemptingt toi influence: an offiçer ore employee ofany: agency, al Member of Congress, an offiçer or employee of Congress, or an employee of al Member oF Congress in conhection: with.this Federal contract, grant, loan, ord cooperative agreement, the undersigned shall complete and: submit Standard Form-LLL, "Disclosure Form 3. The undersigned shall rèquire that the language of this certification bei incjuded in the award documents for all subawards at all tiers |Including subcontracts, subgiants, and contracts under grants, loans, and coogeraiveagpmements) and that alls subrecipients shall certify and disclose accordingly.  Federal contract, grant, loan, or cooperative agreement.  to Reportl Lobbying," inaccordancer withi itsi instructions,  The, Engineercertifies or affims thei truthfulness and accuracy of each statement of Its certification and disclosure, if any, ip addition, the Contracior understands and agrees that the provisions of 31. U.S.G. Chap. 38, Administrative  Remedies for False Claims and Statements, applyt tot this certification and disclosure, fany.  7PRd  Signature of Engineer's Authorized' Official  Michael. N6 Tibbefs, President  Name and Title ofE Engineer's Authorized Official 9-19-7024  Date  Federal) Requirements  Paget 6of6    VOLTT  PAGE 841  JURY SELECTION PLAN DELTA COUNTY  STATUTORY AUTHORITY Vernon's Texas Code. Annotated. SOURCE OFNAMES  This plan shall bei in compliance with all portions of Chapter 62 ofthe Government Code,  As stated in Section 62.001 ofthe Govemment Code, the source from which the jury wheel shall be constituted, is the names of all persons on the current voter registration lists from all the precincts in Delta County, Texas and the names ofall citizens ofthe County who hold: a valid Texas driver's license, and the citizens who hold valid person identification card or certificate issued by the Texas Department ofPublic Safety, as soon as such information is available from the Secretary of State; provided, however, that the names of persons listed ona register of persons exempt from jury service may not be placed in the jury wheel as provided in  the Govemment code 62.108 and 62.109.  METHOD  Persons called forj jury service shail be selected at random with the aid ofe electronic equipment in ai fair, impartial and objective manner: from the source ofnames required by Section 62.001 ofthe Government Code, taking into consideration those persons exemptfrom jury service as provided by Section 62.108 and 62.109 ofthe Government Code.  OFFICIALIN CHARGE  The Clerk ofthe. District Courts in Delta County, Texas is designated as the official to be in charge ofthe selection process and shall have the duties and anthority set forth herein.  DATE OF RECONSTTTUTIONG OF. JURY SERVICE  Atat time each year, on or before November 10th, the jury source shall be reconstituted from the certified list provided by the Secretary of State under the provisions of Section 62.001  oft the Government Code. NOTICE OF JURY SERVICE  The Judges oft the! District, County and. Justice Courts shall provide in a timely manner to the District Clerk information: regarding the required jury panels for the respective courts. Atrue and complete written list showing fhe names and addresses ofthe persons summoned tol beginjury service on aparticular date shall be kept by the District Clerk until said  list has been used.    VOL - TT  PAGE 842  A true and complete writfen list ofthe names and addressed ofpersons summoned to begin jury service on aparticular date shall bei filed with the County Clerk at least ten The District Clerk shall summons by first class mail all persons SO listed toi be called: for jury service on such date at least ten (10) days prior to the date such persons are to beginjury service. The Clerk shall supply the computerized summon forms which shall be addressed to ail Any authority or duty assigned to the District Clerk herein may be delegated to a deputy  before that date.  (10) days  persons selected,  or other designee ofs such Clerk, CENERALJURYI PANEL  A District Judge, County Court at Law. Judge or Justice ofthe Peace may determine the number ofprospective jurors that are: reasonably necessary for the cases tol be tried in their courts. Any District or County Court atLaw. Judge may act as a. Presiding Judge: for thejury qualifications and assign such jurors as may be needed into panels for the different courts.  ADDITIONALJURORS  Ifthe presidingjudge determines that the: number ofjurors previously selected for any designated date is insufficient, he shall direct the District Clerk: to prepare a supplemental list and summon such additional persons tot those already summoned as may be necessary to meet the needs ofthe courts; provided that such supplemental summons shall be mailed atl least ten (10) days priorto  date of service. AMENDMENTS  This plan may only be amended by the Commissioners' Court ofDelta County, Texas upon recommendation ofa majority ofthe District. Judges ofDelta County, Texas,  EFFECTIVEDATE Commissioners' Court,  This plan shall become effective immediately upon its adoption and approval by the  ,    VOL TT  PAGE 843  TO: FROM: RE:  Honorable Commissioners' Court ofDelta County, Texas  District Judges ofDelta County, Texas Government Code, Section 62.011  Plan for proçedures for selection of persons forjury service, pursuantto Thei undersigned majority oft thel District, Judges ofthis Countyrecommend to the County Commissioners' Courtthat thej plan set forth and attached heretol be adopted by you as the planfor procedures for selection ofpersons forj jury service, pursuant to Government Code, Section 62:011  Hon. Eddie Northcutt  EHL  Hon. Will Baird  Approved on this 24th day of September 2024 by the Çommissioners Court ofDelta County, Texas  Tanner Crutcher, County. Judge  Morgan Q  Sefh  Cox, Precinct2  m  Mliatty Mark Branfley, Precinct4  Anthony Robérts, Precinct 3  Attest:  aRehncks Jarijel Roberts, County/District Clerk    Delta County Work. Authorization No.1 Financial Planning Process Assessment  VOL TT  PAGE 844  This Work Authorization is'made as oft this September 16, 2024, under the terms and conditions established in the MASTER PROFESSIONAL SERVICES. AGREEMENT dated as of August 7,2024, between Delta County (County) and Gradient Solutions Corporation. (Consultant or Gradient). This Work. Authorization is'made for the following purposes consistent with the services defined  inthe Master ProfessionalServices: Agreement.  Section A- Scope of Services Description of Services  Gradient is engaged by the County to assist thelr Team in assessingthe current financial planning process and the creation of an initial working financlmodéling tool. Beginning witha historical base, representing the prior year(s) actual figuresand the cirentyear'sadioptedi budget. Accordingly, the working model will include théActual Audited FY23Actual Unaudited FY24, Adopted Budget FY25, and Planning Years FY261FY29. The term "working" notes that any modeling or planning tool has to be consistently maintained, and updated toiconsider regularly changing conditions and remain relevant for theplapdine process,  Key' Tasks Gradient's  C -  4  team will be avallable to assist the Gounty in considering their processes for fund Participate in cillsmeetingstor discussions with staff to understand basic planning Createor a reviewie togumehtsprovided by'County management or other County staff. Periorm initial datagénerationand analysis and limited, targeted assessments. Reviewithe initial wofking financialmodel tool with staff to discuss the outcome, major assumptions, policy! Issues, emerging plans, and concerns in order for staff to Provide limitedfecuback on policies, procedures, or other documents observed  balanceforecasting (both testrictedrnd 93 unrestriçtedlhe following Items are examples ofthe-  process but are not Intendedto be a complete list.  parameters, key astpaipapiaper  Collect.datairom webstes staff, andevàrious County resources.  own and update the working financial model into the future.  Finalize the working document. during the planhingprocess.  Staffing  Resources proposed for this project will include. Jenny Hundt, Lorie Lankford, and other Gradient  resources on an as neededbasis.  O.  1    Delta County Work. Authorization No. 1 Financial Planning Process Assessment  VOLTT  PAGE 845  Schedule  Gradient will be available beginning September 16, 2024. The project willl be completed within  approximately 8 weeks with a target date of by early November 2024.  Dellverables  Aworking financial modelihg tool (Microsoft Excel) along with communication regarding the modeling tool such as considerations for the analysis oft the data within the working financial model, interpretation oft the outcome of the working financial model,and recommendations  surrounding issues identified by the working financial model.  Section C- Compensationand Billing  Afixed fee of $10,000, plus travel and out-gfpocket expenselfapplitable). lfappropriate, Gradient will bill the Couptoroubokpocdiet: expenses such as tolls, Gradient will bea available to support the Courpbengent the dates noted in the  per diem, and mileage. schedule abovel  The County willbe Invoiced at thetconclusion oft theproject.  Section D = County Resporsibilities  C  The County is résponsib ionthe accountigg, ,  budget, finances, and other similar  items.  The County willprovide a gonypohrelevantdata or documents requested by Gradient. The Countywill parti cipate,n meetings, discussions, calls, or web meetings applicable't theprplectrequested bythe'County under this Work Authorization. lfanonsite visitisnéeded, theCounty will provide office, conference room, or other spacealong with an Internet connection for Gradient when meeting at the County's The Countjespowedlatha:t Gradient's working financial models are tools to assist ind decision-making andido not constitute financial advice or guarantees of any particular outcomelherclient: remains solely responsible for any management or implementation decisions made based on the working financial model and the  facilities  interpretation oft the results.  Section E - Other Matters  This Work. Authorization Is terminable for convenience by either party with 30 days written notice. Any time or expenses incurred up to the effective termination date will be invoiced to the County at a rate of $295 per hour up to, butt not to exceed the  fees noted in Section C.  -  Gradient expects to perform most, If not all, oft the workn remotely.  2    Delta County Work Authorization No. 1 Financial Planning Process. Assessment  VOL TT  PAGE 846  3  Gradient does not contemplate connecting to the Client's internal Information technology systems using our devices as part of this Work Authorization other than guest access tothe Internet while Gradient staff are working on-site at a Client Gradient will not directly access any banking or treasury related accounts under any Gradient will not be able to: sign any documents, electronic or physical, on behalf of Gradient will not! present any findings, reports, data analysis result, or other similar information to County Commissioners or other elected body as part oft this Work These Services will not entall Gradient's assessment, ofthe employees' capabllities in loads, Interest rates, and other financial analysis parameters, construction costs and schedules, operation and maintenance costs, equipment characteristics: and performance, and operating results are, opinions basedson experenitiguallieations, and] judgementas a professional. Economic  development, 619 adjustmentslto land use, ande enhanceménts, weather, availabilitytol labor andmaterials, government regulations andlaws and changetherebfand other suchfactors affect the estimates and projections. Therefor,Gradentpes notguarantee that actual rates, costs, etc., will otyatlelficamti/pem: sthstrangpmojections provided and makes no warrantles, expressori impliedasto  the accuracy, completeness, or Gradient: also gsiathacrecounty consider maintaining the model ina a  facility. circumstances.  the County or enter into any contracts on behalf oft the County.  Authorization.  performing their Identified tasks or supervision ofdpyemplayees. Estimates, schedules, forecasts, and projectionsprepared EE  bGradient relating to  the impact of debt issuances, adjustments to staffinPlevels,   service delivery levels  outcomes oft thefinancial models. Y. permanentwdrking* outsideof   sclosure' or use for individual or companles  necounty antphaccordahcuth applicable laws or regulations. The  process , Is intendedto.be usedby internal stafft to assist Ini the County's budgeting andeplanning processes-for curtént,and future perlods. Discuss the use of estimates Gradentllscmmuniee directly with. Judge Crutcher during the engagement, This Work. Authprizatipn,covers the creation oft the working financial model fori the County's currentandjuture use. Gradient will not perform updates to the model in the future, which willl bei the responsibility of Couty staff. Iffurther supportis Nos subcontractors will be utilized by Gradient without written approval oft the The! Services donot constitute work, examinations, or any other similar steps In accordance with Generally Accepted Auditing Standards, thel Institute of Internal Audit Standards, Government Accountability Office Standards, or any other authoritative body. Gradient's engagement does not constitute an audit, compilation, reylew, attestation service, Investigation, or fraud examination.  with egalcounsel ast needed.  needed, a separate work authorization will be created.  County.  -  3    Delta County Work Authorization No.1 Financial Planning Process Assessment  VOL TT  PAGE 847  Gradient will not make any management decisions Including setting policy or strategic directipn; accepting responsibillty for or directing Client employees; authorizing, exécuting, consummating, or otherwise exercising authority on behalf of the Client; preparing source documents fort the Client; deciding which recommendations from Gradient or a third-party to implement or prioritize; reporting to a governing body on behalf of management; accepting project management résponsibility for the Client; accepting responsibility: for designing, implementing, or maintaining internal controls; or other similar activitles. Although no investigative services willl be performed as part of this Work Authorization, Gradient Solutions Corporation is licensedasia Private Investigation Company undert the Texas Private Security Statutes andRlles! Sec. 1702.104 Investigations Company. Gradient's license numbe/A14770801 Gradient's office address and phone number for Private Investigenmathie0 Turner Warnell  Gradient is not a publicaccounting firm.  62  Road Mansfield, TX 76063 and 81761462-pectivel),  Delta County, TX By: Name: Title:  Gradient Solutlons' Corporation  -  6    Name:  341  4   4    VOLTT  PAGE  848rogam/Projects #: Program/Project ShortName:  American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recover Fund  Project Request and Eligibility Determination  This document Is to be completed by the person or persons requesting American Rescue Plan Act of 2021 Coronavirus State and Local Government Fiscal Recovery Fund/monles. The request will proceed through the [LOCAL GOVERNMENT! NAME HEREJ's review  process, Ther requestor will: recelve noticé Ift the project is approved, with Instructions on how top proceed.  BASICINFORMATION AND DESÇRIPTION  Program/Project Name: Responsible Department: Program/Project Manager Name: Total Amount Requested: Internal Account Code(s): (assigned by Finance) Treasury Expenditure CategoryLeve!: Treasury Expenditure Category: ELIGIBILITY REVIEW  6Revenue Replacement 6.1P Provision of Governmnet: Services  roui Bon9RGOVeapenses  indicate the departments, number of employees, and time period you willl bet using ARP/CSLFRF funds to cover.  O  JUSTIFICATION AND LEGAL REVIEW FOR STATE AUTHORITY: See G.5.160A-162 munepaliaSS/IEASZ (counties).  PROPOSED EXPENDITURE ITEMS. AND. ALLOWABLE COST REVIEW: Proposed Project Budget, delineated by Cost Item for Allowable Cost Revlew  Gostut Compensation Fringe Benefits Travel Equipment & Other Capital Materials & Supplles  RerutradDocument Payrollrecords Pavroll records  Reasonable Choose an item. Choose an Item. Choose an Item. Choose an item. Choose an Item.    VOLTT Contractual: Services &Subawards Consultants/ Professional Services Occupancy (Rent & Utilities) Telecommunications Training & Education Direct. Administrative Costs Add'l Cost Item Totall DIrect Costs TotalProject) Budget  :  PAGE 849rogmam/Projects Program/Project: ShortName:  Choose ani item. Choose ani item. Choose ani Item. Choose an item. Choose an Item. Choose an item. Choose ani item. Choose an item. Choose ani item.  200.414 Indirect Costs   3 13,444  * Allr required documentation will be maintained in the projectfile.  AWARD TERMS AND COMPLIANCE: Prohibitions Verification:  By checking these boxes, the [NAME REVIEWINGI PERSONNEL HERE] attests that thes statements are true.  EProject does not contravene thes statutory purpose of ARP, Including program, service, or capital expenditure that Includes at term or condition thâtt undermines efforts tos stop the spread of COVID-19 D No Conflict of Interest, according to Conflict of Interest pollcy Dc Complles with: all state andi federal laws andl local ordlnance (attorneyr review completed) Uniform Guidance complance/Requirements:  I Nop pension: fund deposit - Nol borrowings or debt service D Nof financial reserves  By checking these boxes, the [NAME REVIEWING: PERSONNELHERE attests that the: statements aret true.  DF Financial Management Compliance (adopted grant project ordinance; accounting system that tracks obligations and expenditures! by project and provides comparison tol budgeted amounts; appropriate journal entries completed and D Internal Controls (adopt andi routinely monitor internal controls related to: alli financial processes for receiving, managing, a Ellgible Project Documentation (policy adopted andt this worksheet completed and approved according to the palicy) a Allowable Cost/ /Cost Principles Compliance (pollcy adopted and this worksheet completed and: approved according to the  documented)  obligating, and expendingi thet federal awardi funds) D Civi Rights Compliance (pollcy adopted and Implemented)  pollcy)  E UGE Procurement Compllance (only! If appliable; policy adopted and Implemented) D UGF Property Management Compliance (only Ifa applicable; policy adopted: andl Implemented) D Program income Compliance (onlyi ifa applicable; policy adopted and! implemented) Ds Subaward Compllance (onlyl Ifapplicable; policyadopted and Implemented)  Reviewed By: LOCALGOVERNMENT EMPLOYEE/OFFICAL NAME. AND TITLE HERE]  Signature: Date:    VOL TT  PAGE 850rogram/Project: #: Program/ProjertShort: Name:  Please retainifort the projectfilet through at Ieast December 31, 2031.    VOLTT  PAGE 851  0  RE: Justification for. ARPA Payroll Allocation  To Whom Itl May Concern:  This memorandum serves to justify the allocation ofDelta County American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Fund (ARP/CSLFRF) for payroll items. Delta County's. ARP/CSLFRF grant administrator GrantWorks, INC., has determined that the allocation of ARP/CSLFRE monies to cover salary and benefits is an appropriate expenditure under 6.1. Provision afGovermment Services as outlined by the ARP/CSLFRF Final Rulel FAQ Delta County received an ARP/CSLFRF allocation of $1,035,484.00. To date $37,500.00 of" these funds have been budgeted, leaving a: remainder of $997,984.00 the: must be budgeted and Delta County will allocatet the: remainder ofits. ARP/CSLERF monies ($997,984.00) to cover Delta County. ARP/CSLFRF Grant Administrator, Treasurer, and. Auditor will complete a basic  dated July 2023, page! 22.  obligated by December 31, 2024, and expended by December 31,2026. salaries and benefits that are paid from October 1,2022-May 1, 2023.  allowable cost calculationlfor salary and benefits.  0    Reservellendum  VOL TT  Auctioneerbapres.com Selling fori Delta Co. Texas  PAGE 852  Number Title 201 202 203 300 200 209 204 301 210  Reserve Bid Starting Bid  FIATA ALLIS FG85A ARTICULATING MOTOR GRADER: SER: 30430509 CASE W18WHEEL LOADER SER: 9142580 UNIMOG EXCAVATOR VIN:: 1F69998AM451655 VOLVO/WHITE! DUMP TRUCKV VIN: 4V2ADBMIXMNE40815 PETERBILT: 359 DUMP TRUCK VIN: 1XPSDB9XSEP163988 CHEVROLET DUMP TRUCK VN-IGPMIDIGKVSITAS CASEZ 20967 TRACTOR! SER:: 17938002 LOAD KING BUMPER PULL DUMP TRUCKVIN: 42EDT1624/1153883 BUMPER PULL TRAILER  $10.00 $10.00 $10.00 $10.00! $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00  -502 DODGE RAM: 1500 TRUCK VIN: IC6RD6FP3CS245958 -501 FORD F-1507 TRUCK VIN: 1FTFWICF3BKE19434 -500 FORD F-150 TRUCK VIN:1 1FTFWICFOBFCIE702 -205 2008 FORDF F-1507 TRUCK VIN:: 1FRW12W78FA60430 -206 DODGE RAM: 25001 TRUCKVIN: 8D7A28C986833498 -207 DODGE RAM: 35001 TRUCKI VIN: 1B7MC336211226899 -503 FORD EXPLORER VIN:: 1FM5KBAB866B55643 -504 FORD EXPLORER VIN: 1FM5KBAR6GB65642 -505 DODGE CHARGER VIN: ZC3CDXA62GH163751 -506 FORD CROWN VICTORIA VIN: 2FABP7BV3AX133351 -211 FRONT END LOADER FORKS -208 LINCOLN 10,000 PLUS EAGLE WELDER -213 MASTER: SHOP HEATER -212 ZWICK ENERGY AIR COMPRESSOR  507 ignature  DODGE RAM: 15001 TRUCKY VIN:: 1CGRD6FXXCS721659  Date  rint  'eement #DELTACOTX01 03-16    VOL TT  PAGE 853  THIS IS7 TO CERTIFY THATI, JANICE ROBERTS, COUNTY CLERK DO HEREBY CERTIFY TOTHE CORRECTNESS OF THE COMMISIONER MINUTES FOR THE  REGULAR MEETING ON SEPTEMBER 24th, 2024. ON THIS DAY 8'oF Ockl_2024.  TANNERCRUTCHER, COUNTYJUDGE  MORGAN  COMMISSIONER.  Mh  BAKER,  PCT.1  COMMISSIONER. PCT.2  E  B  ANTHONY ROBERTS, COMMISSIONER. PCT.3 ulbath MARK BRANTLEY, COMMISSIONER. PCT.4  QsR