Contract - Tolar Manufacturing - 6/24/2021 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE AND INSTALLATION OF BUS SHELTERS
WITH
TOLAR MANUFACTURING COMPANY,INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase and installation of new bus shelters on
South Mays Street through the Community Development Block Grant (CDB9) Program
(referred to her in as the "Agreement"), is made and entered into on this the Adfk day of the
month of %J LL&& , 2021 by and between the CITY OF ROUND ROCK, a Texas
home-rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (referred to herein as the "City"), and TOLAR MANUFACTURING COMPANY,
INC., whose offices are located at 258 Mariah Circle, Corona, California 92879 (referred to
herein as"Vendor").
RECITALS:
WHEREAS, City desires to purchase certain deliverables and installation services for
new bus shelters on South Mays Street through the CDBG Program; and
WHEREAS, City has issued a "Request for Proposal" for the provisions of said goods
and services; and
WHEREAS, City has determined that the Proposal submitted by Vendor provides the
best value for the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
00472999/ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell same. The
Agreement includes the Vendor's Proposal, attached as Exhibit "A," and incorporated herein by
reference and all additional exhibits described herein and attached hereto.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon the completion of the bus shelters and the
acceptance by the City of the work.
C. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS
The Contract Documents shall consist of. 1) this Agreement; 2) the Vendor's Proposal
("Exhibit"A'); and 3) any additional exhibits described herein and attached hereto.
4.01 SCOPE OF WORK
Vendor shall satisfactorily provide all goods and complete all services described in
Vendor's Proposal, Exhibit "A." This Agreement shall evidence the entire understanding and
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agreement between the parties and shall supersede any prior proposals, correspondence or
discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit"A"
within the contract term specified. A change in the Scope of Services must be negotiated and
agreed to in all relevant details, and must be embodied in a valid written Supplemental
Agreement executed by both parties.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Eighty-Seven Thousand Fifty and No/100 Dollars ($87,050.00) for the
goods and services set forth in Exhibit"A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
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A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Dawn Scheel
Engineer
Transportation Department
3400 Sunrise Road
Round Rock, Texas 78665
(512)218-7044
dscheel@roundrocktexas.gov
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Elizabeth Alvarado
CDBG Coordinator
221 East Main Street
Round Rock, Texas 78664
(512) 341-3328
ealvarado(a.roundrocktexas.gov
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at insurance
requirements as required by the City's Purchasing Department as set forth at:
httl2://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
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B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH FEDERAL REQUIREMENTS
The project described herein is being assisted by the United States of America. Vendor
acknowledges and agrees that this is a federally assisted project, and as such, Vendor shall
comply with all requirements set forth in Exhibit "B," incorporated herein by reference for all
purposes. Said requirements include, but are not limited to, Federal Labor Standards Provisions
(HUD4010) and David-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances,to manage the quality of the discharges from its Municipal
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Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load (TMDL)Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Tolar Manufacturing Company, Inc.
258 Mariah Circle
Corona, California 92879
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
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Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
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Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Roun Rock,Texas Tolar Manufactur ompany,Inc.
By: By:
Printed Name: •-i Printed Name: Scott Williams
Title: Title: Business Development Manager
Date Signed: 20 Date Signed: 5/26/2021
Attest:
B .
City ClerA>c-"%
For City, p oved as to
By: " L F rm:
Stephan . Sheets, City Attorney
Exhibit "A"
n
UND ROCK TEXAS
ASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
REQUEST FOR PROPOSAL (RFP)
Community Development Block Grant (CDBG)
South Mays Street Bus Shelters
SOLICITATION NUMBER 21 -011
MARCH 2O21
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
Community Development Block Grant(CDBG) South Mays Street Bus Shelters
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City" seeks to contract with a qualified proposer
to provide all goods, labor, and services to remove, design, manufacture, and install transit bus shelters
along the City of Round Rock's South Mays Street.
2. BACKGROUND: The Community Development Office improves the quality of life in existing Round
Rock neighborhoods by providing services to individuals and families by reinvesting in neighborhood
improvements. The City furthers community development through participation in the Department of
Housing and Urban Development Community Development Block Grant(CDBG) program. The CDBG
program emphasizes participation and representation of the target population(s). The City has used its
annual CDBG grant funds to provide housing programs, infrastructure, parks, entrepreneurial
opportunities, and public services to assist low-and moderate-income residents.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s) 2-5
Part II —Definitions, Standard Terms and Conditions and Insurance Page 6
Requirements
Part III—Supplemental Terms and Conditions Page(s) 7-8
Part IV—Scope of Work Page(s) 9-11
Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 12-14
Attachment A—Proposal Submittal Form and Execution Page 15
Attachment B—Reference Sheet Page 16
Attachment C—Subcontractor Information Form Page 17
Attachment D—Bus Shelter Location Pictures Separate Attachment
Attachment E—Site Map Separate Attachment
Attachment F—Federal Labor Standards Provisions (HUD-4010) Separate Attachment
Attachment G—Federal Requirements FR-01 Separate Attachment
Attachment H—Wage Rates Separate Attachment
Attachment I—Cost Proposal Sheet Separate Attachment
Page 2 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
4. AUTHORIZED PURCHASING CONTACTS: For questions or clarification of specifications, you may
contact:
Adam Gagnon Cheryl Kaufman
Purchaser Purchasing Supervisor
Purchasing Division Purchasing Division
City of Round Rock City of Round Rock
Phone: 512-218-5456 Phone: 512-218-5417
E-mail: agagnon(a)roundrocktexas.gov E-mail: ckaufman(cDroundrocktexas.gov
The individuals listed above are the only authorized City contact for this solicitation. The authorized
purchasing contacts may be contacted by e-mail for clarification for this solicitation including
specifications. No other City employee or representative may be contacted about this solicitation prior
to contract approval. No authority is intended or implied that specifications may be amended, or
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released March 5, 2021
Deadline for submission of questions March 16, 2021 @ 5:00 PM, CST
City responses to questions or addendums Approx. March 19, 2021 @ 5:00 PM, CST
Deadline for submission of responses April 1, 2021 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date
noted above. A copy of all the questions submitted and the City's response to the questions shall be
posted on the City's webpage in the form of an addendum at:
hftps://www.roundrocktexas.gov/businesses/solicitations
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the
right to modify these dates. Notice of date change will be posted to the City's website:
https://www.roundrocktexas.gov/businesses/solicitations/
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://www.roundrocktexas.gov/businesses/solicitations for any updates pertaining to the solicitation
described herein. Various updates may include addendums, cancellations, notifications, and any other
pertinent information necessary for the submission of a correct and accurate response. The City will
not be held responsible for any further communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date
noted in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Adam Gagnon
Purchasing Division
221 E. Main Street
Round Rock,Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the RFP Solicitation
title, number, due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
E. The City will not be bound by any oral statement or offer made contrary to the written proposal.
Page 3 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the
property of the City.
G. Receipt of all addenda to this RFP must be acknowledged, signed, and included with the proposal
response.
H. Late Proposal(s)will not be considered under any circumstances and will be returned unopened if a
return address is provided.
8. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a
full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to
assist participating Respondents in compiling their final responses. Respondents are encouraged to
carefully read the entire solicitation.
A. Respondent shall submit one(1) evident signed "Original" and one (1) identical-to-the-original
electronic copy of the RFP response on a flash drive. The submittal is required to include all
addendums and requested attachments. The RFP response along with samples and/or copies shall
be provided at the Respondents expense and shall become the property of the City.
B. This request for proposal (RFP) does not commit the City to contract for any supply or service.
Respondents are advised that the City will not pay for any administrative costs incurred in response
of preparation to this RFP; all costs associated with responding to this RFP will be solely at the
interested parties'expense. Not responding to this RFP does not preclude participation in any
future RFP/RFQ/IFB.
C. For your RFP submittal to be considered responsive,the attachments identified below shall
be submitted with your proposal.
❑ Addendums:Addendums may be posted to this solicitation. Respondents are required to
submit signed addendums with their sealed response. The Respondent shall be responsible for
monitoring the City's website at https://www.roundrocktexas.gov/businesses/solicitations/for
any updates pertaining to the solicitation.
❑ Attachment A: PROPOSAL SUBMITTAL FORM AND EXECUTION: Failure to complete, sign,
and return the proposal submittal form and execution with your offer by the deadline will result
in the disqualification of your proposal.
❑ Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-
MAIL of at least three (3)valid Municipal, Government agencies or firms of comparable size
that have utilized services that are similar in type and capacity within the last two (2) years. City
of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
❑ Attachment C: SUBCONTRACTOR INFORMATION FORM: Provide a signed copy of the
Subcontractor Information Form.
9. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing
Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall
be subject to the Texas Public Information Act. Following an award, responses are subject to release as
public information unless the response or specific parts of the response can be shown to be exempt
from the Texas Public Information Act. Pricing is not considered to be confidential under any
circumstances.
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must
be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is
not clearly marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons
and information as to why the information should be protected from disclosure. The matter will then
be presented to the Attorney General of Texas for final determination.
Page 4 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
10. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal
Regulations 2 CFR part 180 suspension and debarment may apply to this agreement. The City of
Round Rock is prohibited from contracting with or making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from doing business with the
Federal Government, State of Texas, or the City of Round Rock.
11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code
requires the successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed
for a contract award requiring council authorization. The"Certificate of Interested Parties"form must be
completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the
authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and
under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
12. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited communication) initiated by the
Bidder to the City Official, employee, or evaluation team member evaluating or considering the bids
prior to the time a bid decision has been made. Communication between Bidder and the City will be
initiated by the appropriate City official or employee in order to obtain information or clarification needed
to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for
disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any
future bid.
Page 5 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation,
the Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to
change without notice. It is the sole responsibility of Respondents to stay apprised of changes. The
City's Definitions, Standard Terms and Conditions can be viewed and downloaded from the City's
website at: https://www.roundrocktexas.gov/departments/purchasing/
Where there is a conflict Attachment G—Federal Requirements FR-01 required contract clauses
will supersede City of Round Rock Definitions, Standard Terms, and Conditions.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasinq/
Page 6 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The term of the Agreement shall begin from date of award and shall remain in
full force until the City has inspected and accepted the project.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in design, manufacture, and
installation of bus shelters as specified herein and have adequate organization, facilities,
equipment, financial capability, and personnel to ensure prompt and efficient service to the City.
B. In order to confirm financial stability, the City may choose to review audited financial statements
at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide
two years audited financial statements, including any notes or supplemental schedules within two
business days of the original request.
C. The Respondent shall include in the proposal a list all litigation the company or its principals have
been involved in within the last three (3) years.
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside
the United States, or not having a home office inside the United States will not be included for
consideration in this RFP process.
3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and
submit with their proposal response Attachment C: Subcontractor Information Form. The Contractor
shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Contractor is responsible for the Contractors own acts and omissions. The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance
with the provisions, specifications, and terms of the Contract.
B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement,
primary insurance in the type and amounts specified for the Vendor, with the City being named as
an additional insured; and
C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior
to use of any subcontractors throughout the term of the contract.
4. FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010): This Project 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(Attachment F—Federal
Labor Standards Provisions (HUD-4010)) pursuant to the provisions applicable to such Federal
assistance. A contractor or subcontractor who is awarded a contract by the City shall pay not less than
the rates set forth in Attachment H—Wage Rates and comply with all applicable sections of Davis-
Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5.
For additional information regarding Labor Rates, please go to the following United States Department
of Labor website: https://www.dol.gov/agencies/whd/government-contracts/construction
5. SAFETY: The City reserves the right to remove any employee from City property for violation of
federal, state, and local health, safety and environmental laws, ordinances, rules, and regulations. The
Respondent shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration
(OSHA), State and City safety and occupational health standards and other applicable federal,
state, and local health, safety, and environmental laws ordinances, rules, and regulations in the
performance of these services.
Page 7 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may
cause injury or damage to any persons or property within and around the work site. In case of
conflict, the most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Respondents'obligations under this paragraph.
6. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient
manner.
B. Ensure Respondent's employees, while working on City property, wear a company uniform that
clearly identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the
United States.
7. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
8. RETAINAGE: The City will withhold 5 percent (%) retainage until completion of all work required by the
Contract. The Contractor's invoice shall indicate the amount due, less the retainage. Upon final
acceptance of the work,the Contractor shall submit an invoice for the retainage to the City and
payment will be made as specified in the Contract. Payment of the retainage by the City shall not
constitute nor be deemed a waiver or release by the City of any of its rights and remedies against the
Contractor for recovery of amounts improperly invoiced or for defective, incomplete, or non-conforming
work under the Contract.
9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5)working days.
The awarded respondent will be notified within the time frame if the services delivered are not in full
compliance with the specifications. In the event the services are not performed to the satisfaction of the
City the vendor shall agree to reperform services to specification at no additional cost to the City. If any
agreement or purchase order is cancelled for non-acceptance, the needed services may be purchased
elsewhere
10. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents'
performance anytime during the contract term.
11. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon
award of the contract to include contact information. The City's designated representative shall be
notified by the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Dawn Scheel, PE
Project Manager
Transportation Department
Phone: 512-218-6603
E-mail: dscheel(cbroundrocktexas.gov
Page 8 of 17
City of Round Rock Exhibit "A„
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
PART IV
SCOPE OF WORK
1. SCOPE: This scope of work describes a service to provide the City with services that shall include, but
not be limited to, the design, manufacturing, and installation of bus shelter equipment at the specified
locations. Bus shelters shall meet or exceed all requirements as specified herein.
2. LOCATION: The City has five (5) locations along the bus system on South Mays Street that will
require bus shelters. A map of the relevant locations is included in Attachment E—Site Map along with
photos of each location in Attachment D—Bus Shelter Location Pictures.
3. REMOVAL AND INSTALLATION: The Contractor shall-
A. Notify the City a minimum of 24-hours in advance of beginning construction or requiring the
presence of the City's representative or engineer.
B. Provide traffic control (sidewalk closed signs) at each location until the project is complete.
C. Provide turnkey removal/demolition and disposal of existing bus shelter equipment and foundations
at each location.
D. Pour new concrete shelter pad foundation at each location and ensure the pad is large enough to
accommodate ADA requirements.
E. Begin installation of new bus shelter equipment once the foundations have cured.
F. Install bus shelter and all accompanying equipment at each site.
G. Clear the work site of all debris and trash accumulated or created during the project.
4. BUS SHELTER DESIGN AND REQUIREMENTS:
A. Shelters shall consist of all accessories and hardware for installation. Shelters shall be a heavy-
duty design, vandal resistant, as maintenance free as possible, and designed to provide
dependable passenger shelter to endure and withstand all weather conditions. An example design
is Tolar Sierra-11 Series(9 foot) or approved equal is conceptual and the City desires shelters with
a similar design.
B. Shelters should be fully accessible and meet the needs of all transit users.
C. Structures and all elements should meet or exceed a useful life of 15 years.
D. Support structure should consist of at least four(4) posts capable of being secured to a six(6) inch
concrete foundation (not requiring a poured footing).
E. Wind screen should be perforated steel or approved equal.
F. Parts shall be modular and easily removed and replaced when damaged.
G. Replacement parts shall be available from the supplier for no less than ten (10) years from the date
of delivery.
H. Concrete Foundation:
i. Concrete shall be cast-in-place and shown on structural drawings prepared under the
supervision of a registered Professional Engineer.
ii. Foundation shall be properly sized to accommodate the new shelter installation with
appropriate psi concrete.
I. Basic Shelter Elements: Shelters should have at minimum-
i. Three sides with an open front.
ii. Metal/aluminum columns or beams.
iii. Decorative gussets.
iv. Tempered glass sides.
v. RAL 8028 Terra Brown or equivalent powdered coat.
vi. Approximately 24" x 38" display case for schedule or map; visible from both sides.
Page 9 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
J. Solar Lighting:
i. Dusk to dawn automated solar LED lighting that can operate for a minimum of 7 days with little
or no sunshine.
ii. A serviceable, weather and vandal resistance box to house any solar hardware.
iii. Motion sensors shall activate LEDs to 100%.
iv. Sealed lead acid batteries-Absorbent Glass Mat (A.G.M.)technology, -40°F to 176°F operating
range or approved equal.
v. Solar panels and batteries shall be connected and functional upon completion of the project.
K. Benches:
i. Dumor Inc. Bench 19 (4 feet) or approved equal.
ii. Welded construction or assembled with tamper proof screws.
iii. Powder coated with RAL 9005 Black or equivalent.
L. Litter Receptacle:
i. Dumor Inc. 102-32-FTO with 32-gallon polyethylene receptacle liner or approved equal.
ii. Protective coating consisting of corrosion resistant epoxy undercoat.
iii. Powder coated with RAL 9005 Black or equivalent.
5. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Coordinate with the City's project administrator to establish the best work schedule and discuss
changes or delays with the project completion.
B. Submit a schedule of activities to show completion of the project within the proposed number of
days.
C. Be responsible for all means, methods, and materials required to design, manufacture, and install
the bus shelters and amenities.
D. Provide appropriate safety barricades, signs, and signal lights and comply with the Texas Manual
on Uniform Traffic Control Devices (TMUTCD), all safety standards required by federal, state, and
local law and any additional standards customarily employed in connection with the type of work
being performed or the conditions at the work site. The Contractor shall be responsible for its
Subcontractors' compliance with this paragraph.
E. Protect from damage all existing improvements and utilities (1) at or near the work site and (2) on
adjacent property of a third party.
F. Use reasonable care to avoid damaging existing buildings, equipment, and vegetation (trees,
shrubs, and grass) on or about the premises owned by, or under the control of, the City and
property adjacent to the work site.
G. Confine all operations (including storage of materials) on the work site to areas authorized or
approved by the Project Manager. When it is necessary to cross curbs or sidewalks, the
Contractor shall protect the materials from damage
H. Promptly repair any damage referenced in Sections E-G above at no expense to the City and as
the Project Manager directs. The Contractor shall be liable to the City for the cost of the damage
caused, plus an administrative fee of ten percent(10%), of which both may be deducted from any
invoice due and owing Contractor until repairs are made. If the City elects to make such repair or
replacement independently, then the Contractor shall be liable for the full cost, plus an
administrative fee of ten percent(10%), which may be deducted from any invoice due and owing
to the Contractor or on demand if the Contract is terminated. This provision shall survive
termination of the Contract.
I. On a monthly basis, the Contractor shall submit a pay application in approved City format for the
percentage of work completed to date. Percentages will be approved based on observations and
inspections by the City.
J. WARRANTY: The Contractor shall-
i. Warrant that work shall be free of patent and latent defects in design, materials, equipment,
and workmanship, as measured from the requirements, criteria, standards, and specifications
set forth in the Contract. A defect shall be considered latent only if it is not known or disclosed
to the City prior to substantial completion, of the overall work, and such defect would not
normally be discovered upon reasonable inspection and investigation in accordance with good
Page 10 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
industry practice during the course of design and construction and prior to the completion of
the work. This limited warranty also does not apply to and the Contractor shall not be
responsible for, repair or replacement work needed as a result of: (a) normal wear and tear;
(b) defect caused by damage; or(c) failure by City to maintain, repair, or operate the work
site in accordance with good industry practice, to the extent the defect is caused by same.
ii. Correct all construction and material defects and deficiencies (other than latent defects and
deficiencies which are discussed below)which may develop within the applicable of(i)a period
of one (1)year from the date when all of the work is completed and accepted by the City, or
(ii) such longer period for any component of the work which may be specified in the contract
documents, or(iii) any warranty period which may be longer than the periods specified in (i)
and (ii)above as provided in any specific warranty for such item. Nothing set forth above or
otherwise in the Contract shall restrict in any way or operate as any limitation on the right of
City to seek damages or other remedies against Contractor for any other period under any
legal or equitable theory with respect to any defects and deficiencies which are latent in
nature and not readily ascertainable in the ordinary course of observation, subject, however,
to any limitations imposed under governing law.
iii. Within fifteen (15) days after receipt of written notice hereof, commence to correct, repair,
and make good any defects in the work for which said materials, equipment, and
workmanship are warranted, and make good any damage to other work caused by the
repairing of such defects. Contractor warrants to the City that such work will be performed in a
safe and careful manner and will conform to the requirements of the contract documents.
None of the work performed in correcting such defects shall be the basis of a claim for
additional compensation or damages.
iv. Issue in writing to the City as a condition precedent to final payment a"General Warranty"
reflecting terms and conditions of this paragraph for all work under the Contract. This
warranty shall specifically provide that all defects in materials and workmanship appearing
during the warranty period shall be remedied to the satisfaction of the City at no additional
cost to the City.
6. CITY RESPONSIBILITIES: The City will-
A. Obtain any and all necessary licenses and permits for complying with any municipal laws, codes,
and regulations applicable to the performance of the work, including, but not limited to, any laws
or regulations requiring the use of licensed contractors to perform parts of the work
B. Provide access to appropriate City personnel for discussions and direction.
C. Communicate with the Contractor on scheduling installation.
Page I 1 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty
(120) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in
the proposal.
2. PROPRIETARY INFORMATION: All material submitted to the City becomes public property and is
subject to the Texas Open Records Act upon receipt. If a Proposer does not desire proprietary
information in the proposal to be disclosed, each page must be identified and marked proprietary at time
of submittal. The City will, to the extent allowed by law, endeavor to protect such information from
disclosure. The final decision as to what information must be disclosed, however, lies with the Texas
Attorney General. Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
3. EXCEPTIONS: Be advised that exceptions to any portion of the Solicitation may jeopardize acceptance
of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a separate sheet
labeled "Exceptions"with the Respondent's proposal.
4. PROPOSAL PREPARATION COSTS: All costs directly or indirectly related to preparation of a response
to the RFP or any oral presentation required to supplement and/or clarify a proposal which may be
required by the City shall be the sole responsibility of the Proposer.
5. PROPOSAL RESPONSE: Responses shall be clear and concise and shall include at a minimum: title
page, transmittal letter, index or table of contents, dividers for each section and all required attachments.
One page shall be interpreted as one side of a double-spaced, printed, 8 1/2" X 11" sheet of paper. It is
recommended that responses be submitted in ringed binders, metal spirals, or another bound format that
best contains all required documentation for submission.
6. PROPOSAL FORMAT: Prefacing the proposal, the Proposer shall provide an Executive Summary of
three (3) pages or less, which gives in brief, concise terms, a summation of the proposal. The proposal
itself shall include a title page, index or table of contents, dividers for each section and all required
attachments and addendums to be organized in the following format by Tab and informational sequence:
A. Tab 1- Business Organization: State full name and address of your organization and identify parent
company if you are a subsidiary. Specify the branch office or other subordinate element which will
perform, or assist in performing, work herein. Indicate whether you operate as a partnership,
corporation, or individual. Include the State in which incorporated or licensed to operate.
B. Tab 2—Bus Shelter Design: Outline in detail the bus shelter product you feel best fits the City's
requirements in the Scope of Work and any additional information you deem necessary to evaluate
your proposal. Provide design images, real world examples, etc.
C. Tab 3—Installation and Removal: Describe your plan for removing any existing equipment and
installing the new bus shelters. Include such time-related displays, graphs, and charts as necessary
to show tasks, sub-tasks, milestones, and decision points related to the Scope of Work and your plan
for accomplishment. Specifically indicate:
i. A description of your work program by tasks. Detail the steps you will take in proceeding from
the kick-off meeting to final invoicing.
ii. The technical factors that will be considered in the section above, and the depth to which
each will be treated.
iii. The degree of definition provided in each technical element of your plan.
iv. The points at which written, deliverable reports will be provided to the City.
v. The amount of progress payments you are requesting upon successful completion of
milestones or tasks, deducting five percent(5%), which will be paid upon final acceptance by
the City.
vi. A statement of your compliance with all applicable rules and regulations of Federal, State and
Local governing entities. The Proposer must state their compliance with terms of this
Request for Proposal (RFP) or clearly document any exceptions.
Page 12 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
D. Tab 4- Project Management Structure: Provide a general explanation and chart which specifies
project leadership and reporting responsibilities; and interface the team with City project management
and team personnel. If use of subcontractors is proposed, identify their placement in the primary
management structure, and provide internal management description for each subcontractor.
E. Tab 5- Prior Work Experience: Describe only relevant company experience and individual
experience for personnel who will be actively engaged in the project. Do not include corporate
experience unless personnel assigned to this project actively participated. Do not include experience
prior to 2014. Supply the project title, year, and reference name, title, present address, and phone
number of principal persons for whom prior projects were accomplished.
F. Tab 6- Personnel: Include names, qualifications, and resumes of all personnel who will be assigned
to the account. State the primary work assigned to each person and the percentage of time each
person will devote to this work. Identify key persons by name and title.
G. Tab 7-Authorized Negotiator: Include the name, email address, and telephone number of the
person(s) in your organization authorized to negotiate Contract terms and render binding
decisions on Contract matters.
H. Tab 8—Attachments and Addendum: including Attachment A—Proposal Submittal Form,
Execution, Attachment B—Reference Sheet, Attachment C—Subcontractor Information Form
and signed addendums (if applicable).
I. Tab 9—Cost Proposal: Information described in the following subsections is required from each
Proposer. Your method of costing may or may not be used but should be described.A firm fixed price
or not-to-exceed Contract is contemplated, with progress payments as mutually determined to be
appropriate. Use Attachment I—Cost Proposal Sheet to describe the following costs:
i. Comprehensive cost for bus shelter equipment (including benches, litter receptacles, lighting,
and all other hardware).
ii. Turn-key cost for demolition, removal and disposal of existing equipment, concrete foundation
installation, and installation of new bus shelter equipment. If costs differ between locations,
please breakout each location separately.
iii. Total (not to exceed) Cost.
7. EVALUATION CRITERIA: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best
meets the requirements and provides the best overall value to the City.
A. Evaluation Criteria: Weights:
• Respondent's Design, Approach, and Timeline (Tabs 2 & 3) 60 pts
• Company Work Experience (Tab 5) 10 pts
• Individual Qualifications of Assigned Personnel (Tab 6) 10 pts
• Cost Proposal (Tab 9) 20 pts
Maximum Weight: 100 pts
B. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are
necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of
the City. The evaluation committee may determine that discussions are necessary to clarify or verify
a written proposal response. The City may, at its discretion, elect to have respondents provide oral
presentations of their proposal. A request for a BAFO is at the sole discretion of the City and will be
requested in writing. The evaluation committee will evaluate the finalists and make a
recommendation for award.
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who
in the City's opinion, offers the best value to the City. The City also reserves the right to cancel the
RFP process and pursue alternate methods for providing the requirements.
Page 13 of 17
City of Round Rock Exhibit "A"
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
F. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a "short list" of qualified proposal and may determine that the Respondent(s)
should submit a Best and Final Offer(BAFO). Each"short listed" Respondent will be given a
reasonable opportunity for discussion and revision of their proposal.
8. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues
deemed relevant by the City. The City reserves the right to negotiate any issue with any party. Any
unsolicited communication by the Respondent to a City official, undesignated employee, or an
evaluation team member evaluating or considering the offers may be grounds for disqualifying the
offending Offeror from consideration of award.
B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and
recognition that the City may make subjective judgments in evaluating the proposal to determine the
best value for the City.
C. If negotiations are successful,the City and Respondent may enter into an agreement.
D. If negotiations are unsuccessful, the City may formally end negotiations with that Respondent. The
City may then:
i. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair
and reasonable terms, conditions, and cost with that Respondent.
ii. The City shall continue this process until an agreement is entered into or all negotiations are
terminated.
E. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed
most advantageous, or to waive any irregularities or informalities in the submittal received.
F. An independent signed authorized contract will be sent to the successful Respondent. Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
awarded Respondent.
9. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss,
but not be limited to the following:
A. Provide City contact(s) information for implementation of the Agreement.
B. Identify specific milestones, goals, and strategies to meet objectives.
Page 14 of 17
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PCity of Round Rock I Bus Stop& Shelter Locations I December 2020 16 9
-1E PERFECT FIT. YOUR COMMUNITY. OUR SHELTERS.
TOLAR
B 0
id SubMiLt
City of Round Rock, TX
RFP No. 21-011
CDBG South Mays Street
Bus Shelters
April 1, 20213:00 PM, CST
258 Mariah Circle, Corona, CA. 92879-1751
www.tolarmfg.com � 800-339-6165
Exhibit "A"
TAB 1 - BUSINESS ORGANIZATION
In 1991, following his success as a senior executive in the metal fabrication industry, Gary Tolar established Tolar
Manufacturing Company, Inc. (Tolar), to make and market a range of durable and distinctive transit shelters and
related street furniture. His new company rapidly won a number of contracts with transit authorities and outdoor
advertising companies in Southern California and Tolar quickly established a reputation for quality workmanship and
uncompromising customer service. From our first contract to our latest innovative Bus Rapid Transit(BRT) projects,
Tolar has grown steadily due to our consistently high quality and the high confidence our customers have in our
workmanship and materials.
Tolar Manufacturing is a California C Corporation and licensed for business in the City of Corona. We operate from a
single production facility located at 258 Mariah Circle, Corona, CA 92879, where all our products are manufactured
and shipped to customers across the country. Our in-house design and engineering staff use the latest Autodesk
design and rendering software to design and engineer long lasting, safe, and practical products. The materials
specified during the design process are of the highest quality and sourced to provide optimal strength during the
cutting,bending,drilling,and welding of the fabrication process. To fabricate the best quality products in the industry,
our team of qualified fabricators includes American Welding Society (AWS) certified welders, and a skilled staff of
production and assembly craftsmen. Tolar finishes its products with the most attractive and durable powder-coat
process that produces no volatile organic compounds(VOCs)and uses premium grade powder and material pre-treat
processes. Lighting options powered by low-draw 110-volt or solar powered12-volt systems complete our shelters,
complete our contribution to the sustainability and environmental benefits of providing passenger amenities to transit
customers,all while providing 100%"Buy America"certified products.
Tolar Manufacturing partners with sub-contractor installers,and for this project has selected L.A.W.Contracting,LLC
as our local representative and sub-contractor. Jack Wideman,the president of L.A.W,will be the on-site supervisor.
Jack has 20+ years' experience installing shelters and passenger amenities throughout TX. Jack has been, and
continues to be a reliable installer for Tolar Manufacturing throughout Texas.
11 P a g e
Exhibit "A"
TAB 2 - BUS SHELTER DESIGN
Tolar has developed hundreds of transit amenity solutions for transit agencies,municipalities,commercial and private
companies as well as the Federal Government for more than 20 years. While we do provide a variety of standard
offerings, our products are designed in a manner that allows for multiple configurations and custom designed
features.Rather than"offer the shelf"products,our standard designs allow our team to develop and produce shelters
and amenities unique to each environment and purpose, with features that integrate into a community and street
scape. This purpose driven approach in the development of our products enables communities the ability to
implement transit solutions that are distinctive and enhance the passenger experience for the neighborhoods in which
they are placed.
Design Process
To begin the design process,our experienced sales representative consults with each client to determine factors that
dictate the custom transit solution we are to propose. Input for this discussion may include:
• Site limitations • Waste disposal
• ADA requirements • Comfort&Safety of passengers
• Environmental and social factors • Maintenance requirements
• Aesthetic preferences&style • Ease of installation
• Function • Parts replacement
• Branding elements • Integration into existing transit
• Security environment and community
• Advertising potential • Existing budget for amenities
• Information displays • Future goals of transit
Once the above considerations have been addressed with our customer, the sales representative collaborates with
the engineering team to propose the best, most suitable solution to the client.The engineering staff works to design
products that not only meet the criteria as listed above,but also local building code and safety requirements,such as
seismic or wind load specifications.
Branding is a major concern for many of our transit customers, and we recognize the importance of factors like logo
placement and color selection in design. Tolar provides options for logo placement in most of our products. Many
shelter designs have placement in either end of the roof design or on the fascia. If additional visibility is desired,
custom glazing treatments are also available incorporating silk screened or etched graphics etched into the wall or
end panels of your shelter design,along with custom designed decals applied to the shelter.
Our modular approach to design ensures a consistent and overall reduced kit of parts where roof and glazing panels
are sized as equally as possible and like parts are interchangeable. In addition, the proprietary custom extrusions
developed by Tolar simplify our products by eliminating the need for additional parts while enabling improved
function.Our design incorporates ease of installation,ease of maintenance,and ease of parts replacement ensuring
an attractive,durable,cost effective and practical transit shelter package.
Design Approval
Our team is experienced at building consensus throughout the design and approval process, investing time with
stakeholders to make sure our shelters reflect the community they serve. Following design consensus, a submittal
package complete with color samples,approval drawings,and engineering calculations(if required)is then prepared
for client evaluation. Any changes to design, as requested by the client, are noted and brought to the immediate
attention of the engineering team for revisions.Follow up drawings are then prepared and are submitted to the client
for final review and approval. Upon approval and when order authorization is obtained, the project is then entered
into our central information software system for future tracking by all departments. Engineering staff prepares a
production drawing package for the specific project. The complete drawing package is reviewed with the Production
Manager,and when approved,the order is released for manufacturing.
2 1 P a g e
Exhibit "A"
Engineering
Tolar designs are engineered to meet all required building codes for the jurisdiction in which they are installed. Tolar
retains the services of qualified engineers for all 50 states, and ensures that each final drawing package includes
stamped and sealed engineering calculations for submittal and approval for installation by local building officials. The
engineer assigned to this project is Mr. Gary Hostetler, a registered civil engineer in CA, AZ, FL, HI, LA, NC, NM, MA,
OK,TX and VA.
Fabrication
The purchasing department first procures raw materials and other items with long lead times and works collectively
with the engineering team on the balance of material procurement to ensure on-time delivery of materials needed
for fabrication.A quality control manager inspects all materials for defects upon receipt and,if necessary,administers
to any corrective actions required.
One of the attributes that separates Tolar from other fabricators,is our commitment to purpose driven design. Careful
attention is given to the function of a particular component rather than simply utilize standard tubing,angles,and flat
bars. We have made considerable investment into the development of specially engineered aluminum extrusions
that incorporate functional shapes to achieve particular functions, minimize the number of parts required and
eliminate many fasteners. As a bonus,fewer parts usually also simplify installation.
The aluminum extrusions which form the core structure of our shelter designs are custom designed proprietary
extrusions, pressed specifically for Tolar through our own engineered dies by one of several certified extruders.Spot
checks are performed during the receiving process to ensure compliance with our specifications.
The majority of fabrication procedures required to build our transit shelters and passenger amenities,such as cutting
materials to finish length, bending,and forming material to finish shape,drilling and boring,welding procedures,and
finish processes such as grinding and sanding, are performed by skilled fabricators on our shop floor in Corona, CA.
This includes water jet cutting various materials and parts. All welding is performed by AWS Certified welders,and is
performed at our facility. No welding is required or performed in the field or jobsite. The remaining fabrication
processes used to produce some Tolar products, such as laser cutting, etc., are performed by highly qualified sub-
contractors who specialize in specific production processes and adhere to our high quality standards.
During fabrication,the shop department supervisors and the Quality Control Supervisor certify all prototypes and first
articles and depending on the part, they audit the particular process against the engineered drawings to ensure
compliance.Quality control inspections continue regularly throughout the manufacturing,finish,and crating process
prior to final shipment.All components are equally checked for fit and finish by production staff during the fabrication
phase to ensure the products provided meet the specifications and expectations of our customer.
Shipping & Delivery
To ensure optimal performance and safe handling of Tolar transit shelters, amenities and solar products, proper
storage and handling guidelines must be followed. These guidelines will help to protect Tolar products while in
storage, during shipment or transport to installation site, and on site prior to installation. Products are typically
delivered to the address pre-determined by contract or purchase order documents within twelve weeks of receipt of
a purchase order. Shipping is typically performed by flatbed trailer,and may be accomplished by using van or other
trucking methods in particular situations.
Most Tolar products are shipped in knock down fashion neatly packaged and protected in crates and stacked carefully
to optimize shipping and reduce the need for storage when delivered.As an alternative,and when requested,we also
ship in kit form whereby the products are modularly assembled and packaged in crates using methods of nesting
materials and,once again,optimizing space to the greatest extent possible.All Tolar shelters and street furniture are
shipped with all necessary hardware and complete illustrated instructions for ease of installation. Hardware is bagged
or boxed individually per each unit shipped for easy installation.
Exhibit "A"
Handling
Exercise caution and care when handling crates or unpacking products,to prevent breaking or crushing of the square
edges or surfaces. Remove the shipped crates from the trucks with proper equipment and with trained personnel
utilizing a forklift or other equipment rated for proper weight capacity. In some cases, forklift extension tubes may
be used to ease the process. Methods resulting in mishandling of the shipment such as pushing the crates beyond
their structural integrity or other radical means must be avoided as they may result in material damage. When
unpacking or dismantling crates, use caution and gently pry connected members apart to avoid marring or puncture
of adjacent surfaces. We recommend transporting the product to the field for installation prior to unpacking to ensure
the highest level of protection until such time as installation may be performed.
Storage
Packaged crates are typically very large and should not be stacked vertically any more than when they arrived via the
freight truck transportation. To ensure structural integrity and material longevity, it is recommended that all crates
be stored on a dry and level surface with a cover of waterproof, breathable tarpaulin material. To prevent damage,
plastic glazed panels should never be stored in direct sunlight or allowed to get wet as the paper masking will stick
and cause damage when later removed.
Installation
Upon client receipt and approval of shipment,our sales and engineering staff work in tandem with the client to ensure
complete understanding of the products provided as well as the intended installation steps necessary for
implementation.As the transit amenities are installed,the engineering team is available by phone at all times for any
assistance that may be required.
Production Schedule
The table below represents the typical schedule for production of a Tolar transit shelter. Actual production schedules
generally follow this outline,with adjustments made for specific quantities or customer requirements.
Week 1 Administration Project review and clarifications. Order placed by client and
processed internally by Tolar sales and staff.
Complete design drawings. Obtain final drawing and
Week 2-4 Design&Approval engineering approval. Complete production documentation,
work orders,and system programming
Week S—11 Production Receive materials, manufacture, and prepare shipment.
Week 12 Shipping/Delivery
Ship to destination and coordinate receipt and storage with
client.
Tolar products are powder coated with a durable baked enamel finish. A wide range of powder coat finish colors is
available using the printed RAL color deck,and custom match finish colors are also available to meet specific customer
needs. In addition to the approved drawings, after selection of the finish powder coat color(s)from the printed RAL
color deck,two samples of the actual powder coat finish on sample strips are submitted for final customer approval.
This ensures customer acceptance of the color,gloss,and texture.One of these color strips is to be returned to Tolar,
indicating customer approval, and for documentation in our quality control process.
Tolar Finish & Durability
Tolar products are powder coated with a durable baked enamel finish. A wide range of powder coat finish colors is
available using the printed RAL color deck,and custom match finish colors are also available to meet specific customer
needs. In addition to the approved drawings, after selection of the finish powder coat color(s) from the printed RAL
color deck,two samples of the actual powder coat finish on sample strips are submitted for final customer approval.
Exhibit "A"
This ensures customer acceptance of the color,gloss,and texture.One of these color strips is to be returned to Tolar,
indicating customer approval,and for documentation in our quality control process.
Powder Coat Process
The finish process involves a series of production steps that starts with cleaning and sandblasting the material which
prepares the metal surface to receive a finish. The powder coat finish is applied and followed by a topcoat application
for durability. Tolar outsources the finish process to highly qualified specialists to complete the finish,and performs
pre-delivery and receipt inspections of each part to ensure the final finish meets our quality standards.
Tolar Finish Quality
In order to provide a lifetime warranty and to ensure compliance with our quality standards, we monitor and
document the finish quality of each production run using a minimum of four sample parts. These parts are tested
according to American Society for Testing and Materials (ASTM) D3359-02, the industry standard for coating finish
adhesion also known as the ASTM Standard Test Method for Measuring Adhesion by Tape. This method tests the
adhesion of powder coating films to metallic surfaces by applying and removing adhesive tape over cuts made in the
coating to determine how well the coating resists scratching and lifting of the finish to avoid rust or corrosion of the
material.
In addition,the finished parts are tested according to ASTM D4752-10 also known as the ASTM Standard Test Method
for Measuring MEK Resistance of Ethyl Silicate (Inorganic) Zinc-Rich Primers by Solvent Rub. This method tests the
finish for resistance to chemical solvents.The test is used to ensure that finished surfaces are resistant to graffiti and
other damages caused by exposure to solvents.'Both ASTM tests help to ensure our products remain functional and
maintain a positive appearance in the community over their lifetime.All powder coated parts are inspected for quality
and uniformity of finish prior to assembly and shipment.Tolar assumes no responsibility for nicks,cuts,scratches,or
any other damage to powder coated parts that are caused by normal wear and tear,abusive use,or improper cleaning.
Finish quality testing helps us to ensure our products have a long lasting, highly durable,and attractive finish that will
improve the street scape and passenger experience for transit riders for years to come.
Tolar Quality Assurance
The Tolar design and fabrication process operates as a Clark County Approved Fabricator for structural steel, a
certification obtained and approved by the Clark County (Nevada) Department of Development Services—Building
Division. The Tolar Quality Systems Manual(QSM)ensures compliance with local building codes and that fabrication
meets International Accreditation Service (IAS) and American Institute of Steel Construction (AISC) standards. This
certified quality assurance program outlines the quality assurance and quality control processes within Tolar,and its
ability to support all materials,welding, and fabrication processes within its production facility, including all material
suppliers,vendors and third parties.
Tolar's reputation has been built on the foundation of top quality and service.Only first-grade materials and processes
are used.A rigorous quality assurance process monitors the design,fabrication,and finish of our products to ensure
that Tolar shelters will keep their "new' appearance with a minimum of maintenance for many years. Before
production starts,approval drawings are produced and submitted to our customer for review and written acceptance
prior to production. This ensures that all details are in accordance with specifications and customer expectations,and
that the configuration details and accessories will fit the specified site locations. Once the main design features are
finalized and accepted,the detailed shop drawings and final bill of material are produced.
Tolar is committed to passenger safety, and our product designs meet stringent safety standards. Design drawings
and calculations are certified and sealed by an engineer licensed in the state of installation. This process confirms
compliance with local building codes, wind load, seismic standards, and other safety requirements. In addition,
whether the design includes solar lighting or traditional power,Tolar designs reliable systems that meet the level of
safety and quality only Underwrites Laboratory (UL) certification can guarantee. All Tolar electrical systems are
certified by UL, and Tolar is a UL compliant manufacturer subject to quarterly on-site UL inspection, assuring all UL
testing and safety requirements are fulfilled.
Exhibit "A"
In addition to UL inspections, we utilize a system of audits to maintain our strict adherence to quality production
standards. Supporting our Quality Assurance program,our processes are audited quarterly by an outside third-party
quality assurance specialist,and include training and suggestions for continuous improvement. An additional annual
audit is also performed by the outside third-party quality assurance specialist to assist in preparation for the Clark
County Department of Development Services—Building Division annual audit.
Tolar Service and Support
Tolar designs and builds transit shelters and passenger amenities with durability, beauty, ease of installation, and
longevity in mind. It is our mission to provide the industry's best quality,service,selection,and overall value.To meet
this goal,a#Tolarproducts are coveredbya comprehensive Lifetime Structural Warrantyagainst manufacture defects
or workmanship.
Installation Support
The Tolar sales and engineering staff support our customers through the installation phase of each project. We have
working relationships with many construction companies and installation contractors throughout the US, and are
available to answer questions and resolve issues as they arise. Using a "train the trainer" method, as necessary for
each project Tolar staff provides the training support and instruction required to properly install our shelters and
amenities. In addition, technical support and assistance is available from our engineering and production teams at
any time in the process through easy to reach toll-free telephone and email.
Parts
Tolar designs and builds shelter and transit amenity systems with ease of installation, beauty,function,and durability
in mind. Should parts be required during the life of our products we certify availability of these parts for a minimum
period of ten years from the date of purchase.
Tolar Lifetime Structural Warranty
Tolar warrants the products and materials manufactured by it, when properly assembled and installed, to be free
from defects in materials and workmanship, when under normal use and service, for the expected lifetime of the
product. A copy of the formal Tolar Lifetime Structural Warranty is included for your review as an attachment to this
proposal.
Tolar Buy America Compliance
Tolar operates from a modern, 53,000 square-foot,company owned fabrication facility in Corona, California. From
this state-of-the-art facility, our 49-person team designs, develops and fabricates attractive, durable, and practical
transit shelters, street furniture and related passenger amenities. Tolar products are manufactured in the USA by
skilled tradesmen utilizing 100% US made materials. As a result, To/arproducts are 10OW BuyAlmerica'comp/iant
and certified to meet 49 U.S.C.53236)and 49 C.F.R. Part 661,which provide that Federal funds may not be obligated
unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States.
Tolar ADA Compliance
Tolar ensures that our designs include features that promote use by all members of the public,and are in complete
compliance with ADA requirements. Designs and approved drawings include documentation of ADA mandated
passenger seating and maneuverability spaces,to ensure that all riders are able to access passenger amenities.
Tolar Solar Lighting
Tolar works extensively with Urban Solar Corporation(USC)in the design and fabrication of hundreds of solar powered
lighting applications across the country to offer illumination solutions that provide reliable,dawn-to-dusk lighting for
users of outdoor shelters during nighttime hours. Both Tolar and USC understand the important role passenger
amenities play in the success of any transit service,as well as the critical role that passenger amenities play in creating
a safe and attractive passenger environment.Tolar helps our customers meet these expectations for passenger safety
Exhibit "A"
and convenience by providing high quality,reliable UL Listed solar lighting solutions for our transit shelters. To achieve
this, we discuss each project and collectively develop a product that best addresses all the key elements of a solar
lighting solution:
• Underwriters Laboratory(UL)compliance and certification to ensure safe operation
• Geographic location and local environmental conditions
• Light level,system run time,autonomy,and sizing requirements
• Integration of the solar elements into and shelter design
• 100%Buy America compliance with solar fabrication in Beaverton,OR
Solar Lighting System Design
To achieve optimum operation of solar lighting systems, critical factors such as sun exposure, weather,site specific
conditions, and even geographic location must be considered. For that reason, we do not take a "one size fits all"
approach to solar system sizing.Instead,we use over 20 years of NASA data to determine the needs for your specific
geographic area. The amount of sun exposure in the United States varies widely from East to West as well as from
North to South. Using detailed information from NASA documenting the length of sun exposure for each month of
the year,typical weather, and the duration of night,we design a solar lighting system specifically for any location in
the US. The resulting final product is designed for optimum operation during the most challenging months of the year
(the longest run times and shortest charge times), while also providing for an average of S to 7 days of continuous
operation with no sun exposure at all.This approach allows us to design a system for optimum operation during the
most challenging months of the year for your specific geographic area.
Tolar systems utilize a low-profile light assembly. Mounted to the inside of the shelter's ceiling,this assembly houses
the batteries,charge controller and the LED lights themselves.This assembly is engineered as an integral part of the
shelter structure,making it highly vandal resistant.Our system offers a completely UL Listed system with bright,white
LED lighting in a modular design that integrates seamlessly with the shelter design so that passengers can benefit from
a safer,more secure environment.Loitering is discouraged and transit drivers are better able to identify riders waiting
in the shelter.At the same time, illumination can be provided at desired locations without the expense and potential
construction challenges of trenching and installation of meters, but perhaps the greatest benefit is providing shelter
lighting without the utility bills that that come with conventional lighting.
Solar Lighting Safety
Passenger safety is a key rating on many ridership surveys,and both Tolar and Urban Solar Corporation are committed
to transit passenger safety. It is for this reason we design reliable systems that meet the level of safety and quality
only Underwrites Laboratory (UL) certification can guarantee. Tolar is a UL compliant manufacturer subject to
quarterly on-site UL inspection,assuring all UL testing and safety requirements are fulfilled. UL certification is a critical
consideration for transit agencies,as it provides for the following benefits:
• UL is a Nationally Recognized Testing Laboratory(NRTL) listed by OSHA-
https://www.osha.gov/dts/otpca/n rtl/
• UL is recognized under National Electrical Code(NEC)Article 690 as the approved safety standard
• UL tests and assures the highest level of safety compliance with National Fire Protection Association
(NFPA)-http://www.nfpa.org/
• Systems are designed to ensure all components are properly sized and rated for optimum operation
• High quality components are thoroughly tested to guarantee performance and reliability
• UL protects the customer from liability of safety testing
• If non-UL systems are installed,all safety liability and associated testing costs fall on the customer
• UL certified systems must be installed in compliance with the manufacturer's instructions,ensuring
highest levels of safety
Exhibit "A"
• NEC requires detailed electrical diagrams which require technical expertise to assure safety
• Fully UL certified systems undergo the highest levels of stress testing to ensure fire resistance and
safety
Tolar Product Documentation
On the following pages we have provided the product specifications, descriptions, product drawings transit shelters
and passenger amenities Tolar has offered for your project. These products create a unique and individual solution
that enhances the passenger experience and improves the streetscape experience for your residents.
t
z'
Exhibit "A"
TOLAR
WARRANTY: LIMITATION OF LIABILITY
Tolar Manufacturing Co., Inc. warrants the products and materials manufactured by it, when properly
assembled and installed, to be free from defects in materials and workmanship, when under normal
use and service, for the expected lifetime of the product. If any products or materials manufactured
by Tolar Manufacturing Co., Inc. are found to be defective upon inspection after shipment to Tolar
Manufacturing Co., Inc. at sender's cost, Tolar Manufacturing Co., Inc. will repair or replace, at its
sole option, the defective products or materials, subject to the following conditions:
A. Tolar Manufacturing Co., Inc. is notified in writing within the applicable warranty period of any
product or material defect;
B. The product or material is returned to Tolar Manufacturing Co., Inc. at sender's expense:
C. The product or material has not been misused, abused or improperly maintained by the user;
D. This offering excludes glazing, electronic components, illumination components and powder coat
finish (*)
• Powder coat finish is warranted for a period of one (I)year against fading or lifting
• The solar illumination systems are warranted for five (S)years with the exception of
the batteries, Batteries for solar illumination are warranted for five (S)years with the
following criteria: 100%years 1, 2 and 3 100%, 25%year 4 and I0%year S.
E. The product or material has been installed in compliance with Tolar's installation instructions and
not been repaired or altered except by written authorization of Tolar Manufacturing Co., Inc.,-
and
F. The defect is not attributable to vandalism or normal wear and tear.
The limited warranty herein described constitutes the entire obligation of Tolar Manufacturing Co.,
Inc., and the maximum liability of Tolar Manufacturing Co., Inc. is limited to the purchase price of
each defective product or material. No other warranties, whether express, implied or statutory,
including warranties of fitness for a particular purpose or merchantability, are given and all such
warranties are hereby expressly disclaimed. In no event shall Tolar Manufacturing Co., Inc. be liable
for any conseQuential, indirect, incidental or special damages of any nature whatsoever arising from
the sale or use of its products or materials. Tolar Manufacturing Co., Inc. shall have no further
liability or obligation whatsoever to any distributor or any other person or entity with respect to Tolar
Manufacturing Co., Inc. products or materials other than the obligations expressly set forth above.
LABOR CONSIDERATION
If Tolar Manufacturing Co., Inc., in its sole discretion, determines that an authorized Tolar
Manufacturing Co., Inc. distributor or repair facility shall perform the warranty work, Tolar
Manufacturing Co., Inc. will pay a specified labor amount for repair or replacement as determined
and approved by Tolar Manufacturing Co., Inc. service department before any such work has started,
and in accordance with the coverage periods.
STARTING DATE
Exhibit "A"
The STARTING DATE shall be determined as that date which can be verified to Tolar Manufacturing
Co., Inc.'s satisfaction as the product installation date, or, if not verified, then the date on which the
product was shipped by Tolar Manufacturing Co., Inc. to the original purchaser.
ADDITIONAL RESPONSIBILITIES OF TOLAR MANUFACTURING CO., INC.
MANUFACTURING CO, INC
Tolar Manufacturing Co., Inc. will provide, or make available from its factory, such information or
instruction as is needed to install, service, operate, and maintain its products.
Tolar Manufacturing Co., Inc. will provide the replacement parts or materials, freight prepaid, and
reimburse distributor for freight charges on returned components, which are warranted.
Tolar Manufacturing Co., Inc. will make every attempt to respond to warranty claims within sixty (60)
days after the receipt of written reQuest as stated in the WARRANTY: LIMITATION OF LIABILITY reference
A.
PRODUCT INSTALLER RESPONSIBILITIES
Installer is responsible for installing the product in accordance with the Tolar Manufacturing Co., Inc.
specifications and installation instructions. Installer is responsible for keeping such records as are
necessary to locate the product and determine its installation date.
PRODUCT OWNER RESPONSIBILITIES
Owner is responsible for communication expenses, meals, lodging, and incidental costs incurred by
the owner or employees of the owner as a result of warrantable failure.
Owner must give notice of a warranted failure and deliver the product to a Tolar Manufacturing Co.,
Inc. Authorized Distributor or to the Tolar Manufacturing Co., Inc. service department in Corona,
CA.
ADDITIONAL WARRANTY LIMITATION
Tolar Manufacturing Co., Inc. is not responsible for products, which have failed as a result of owner
or operator abuse or neglect, such as lack of maintenance, vandalism, product alteration, overload,
accident, or other causes beyond its control.
Tolar Manufacturing Co., Inc. does not warrant the product when it is used with accessories not
approved by Tolar Manufacturing Co., Inc. or when other than genuine Tolar Manufacturing Co.,
Inc. replacement parts have been installed on the product.
Tolar Manufacturing Co., Inc. does not warrant accessories supplied by Tolar Manufacturing Co.,
Inc., which bear the name of another company, beyond the warranty provided by that company.
Tolar Manufacturing Co., Inc. does not warrant the paint finish if documentation cannot be provided
as to the cleaning freQuency of the product painted and the product has not been cleaned with a
cleaner approved by Tolar Manufacturing Co., Inc. or if the product has been damaged due to
etching, graffiti or other vandalism. Product cleaning and maintenance should be in compliance with
AAMA 609/610.
Tolar Manufacturing Co., Inc. shall not be responsible for expenses due to owner's reQuirements,
inspections, or modification of components, or other handling reQuirements.
Tolar Manufacturing Co., Inc. shall not be responsible for parts returned without prior authorization
or without proper identification, including claimant's name and Tolar Manufacturing Co., Inc. claim
number.
Exhibit "A"
WARRANTY CLAIM PROCEDURES
HOW TO MAKE A CLAIM
To make a claim under this WARRANTY, the product must be taken to an authorized Tolar
Manufacturing Co., Inc. distributor, and the distributor shall write directly to the Tolar Manufacturing
Co., Inc. Service Department, 2S8 Mariah Circle, Corona, CA, 92879.
Emergency claims can be handled by calling the Tolar Manufacturing Co., Inc. Quality Assurance
Department t at (800) 339-6165 and provide subseQuent written notification.
For a claim to be considered it must contain adeQuate documentation which states product modes,
starting date, Tolar Manufacturing Co., Inc. serial number as shown on the serial tag installed on the
product, where and how used.
These warranties are the sole warranties of Tolar Manufacturing Co., Inc. Manufacturing Company,
Inc. There are no other warranties express or implied.
Exhibit "A"
TAB 3 - INSTALLATION AND REMOVAL
Our work plan is collaborative—we will work directly with you to understand your needs and your desires for the
project—and then do our best to deliver the results you need. Sample projects similar to the scope of work we have
outlined below are provided for your review in Tab5 of this proposal. These projects document the results of our
collaborative approach and how we accomplish our goals by developing a transit amenity solution that meets our
customer needs and accomplished their installation in a swift and efficient manner.That meets the following goals:
• A solution that meets budget
• A design that is distinctive for the area
• A durable product
• A reduced kit of parts that simplifies maintenance
• Ease of installation
• Comfort and style for the agency and patrons
• A solution that meets and exceeds the expectations of our valued clients
For this project, the manufacturing of the shelters and passenger amenities will proceed concurrently with the site
work for installation, so that the shelters will arrive as needed and on-time for the installation to proceed without
delay.The entire process is planned to take approximately 616 weeks to complete,from contract/order execution to
completed installation using the following approximate schedule:
Project review and clarifications. Contract Issue sub-contractor notice-to-proceed.
1 Administration signed and order placed by client and
processed internally by Tolar Sales.
Complete design drawings.Obtain final Coordinate and hold initial kick-off
Design& drawing and engineering approval. meeting,with local and virtual
2 4 Approval Complete production documentation, attendance. Confirm sequence of site
work orders,and system programming work and project calendar. Confirm
permit requirements and obtain permits.
5—11 Production Receive materials,manufacture,and Remove existing site amenities and
prepare shipment. construct new sites.
Ship to destination and coordinate receipt Receive and confirm shelter delivery.
12 Shipping&Delivery and storage with client and sub-
contractor. Invoice for shelters.
Install shelter and all passenger amenities.
13-16 Installation Document acceptance by client. Invoice
for completed site work.
Site work will include the following tasks at each of the 5 locations to achieve project completion in compliance with
federal,Texas state and local standards or requirements:
• Demo existing pad and amenities
• Haul off demo concrete to dump
• Haul off existing site amenities to dump or other storage as directed
• Install new concrete pad,approximately 6'x 12'or as needed
• Concrete to be: Continuous pour; 6"depth; 3000 psi concrete#4 bars 12"O.C.
• Add topsoil around slab after we wreck forms
• Clean up area after pour
• Install shelter, bench,trash can,solar lighting and all hardware
Exhibit "A"
TAB 4 - PROJECT MANAGEMENT STRUCTURE
At Tolar Manufacturing Company, Inc. (Tolar), we place a great deal of importance on listening to the needs of our
customers. We take the time to explore our customer's vision, their expectations, and their aspirations for their
community.Our mission is to execute that vision,starting with our team of skilled professionals,who place a priority
on delivering a durable,distinctive final product.As a recognized leader in our industry,the Tolar Team understands
that product knowledge, professional talent, hard work and a dedication to serve our customers are the essential
elements required to successfully bring a project from concept to reality. In short, we create outdoor structures of
durability and distinction that reflect the character of your community.
Our company is organized like the organization chart shown below:
Gary Tolar
George Golden D-A Van Eyk Gabriel Guzman
Controller QualityControl Production Manager
Manager
Chris Mendoza
Senior Buyer
Sandy Rodriguez Angie Stone
Purchasing Salles Support
LReed Farr L Sergio Cortez
Engineer Welding Supervisor
Sabrina Guerrero
Carlos Garcia
Accounting Engineer
Lori Hardin
Accounting
Tolar will use the following reporting relationship to manage the production
i Dawn Scheel,PE and installation project for the City of Round Rock. Scott Williams will be
ProjectManager
City of Round Rock the primary contact and coordinate the project management activities of
our sub-contractor installer and the rest of the Tolar organization. In turn,
Jack Wideman of LAW Contracting will provide the day-ot-day direct on-site
contact with City staff and other local resources to ensure project success.
During shelter installations,Jack will be in Round Rock devoting 100%of his
time to the successful execution of the City of Round Rock shelter site
Jack Wideman construction and installation.
3/31/2021 Exhibit "Allnow
Certified Profile CLOSEWINDOW
Print
Business & Contact Information
BUSINESS NAME L.A.W. Contracting, LLC
OWNER Ms. D'Ann Wideman
ADDRESS 126 Yosemite Dr. Map This Address
San Antonio,TX 78232
PHONE 210-286-8131
FAX 210-764-8442
EMAIL lawcontracting@hotmail.com
WEBSITE lawcontrating.com
COUNTY Bexar(TX)
Certification Information
CERTIFYING AGENCY South Central Texas Regional Certification Agency
CERTIFICATION TYPE DBE- Disadvantaged Business Enterprise
CERTIFIED BUSINESS DESCRIPTION Poured Concrete Foundation and Structure Contractors,Site Preparation
Contractors,All Other Specialty Trade Contractors
Commodity Codes
Code Description
NAICS 238110 Poured Concrete Foundation and Structure Contractors
NAICS 238910 Site Preparation Contractors
NAICS 238990 All Other Specialty Trade Contractors
Additional Information
https://txdot.txdotcros.com/FrontEnd/SearchCertifiedDirectory.asp?XI D=7089&TN=txdot 1/1
c.9-NT T Exhibit "A"
South Central Texas Regional Certification Agency
rn "Increasing economic prosperity by creating opportunities and
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March 3,2020 � L.
D'Ann Wideman cafioh Q�u
L.A.W. Contracting, LLC
126 Yosemite Dr.
San Antonio,TX 78232
Dear D'Ann Wideman:
We are pleased to inform you that your application for certification in our Disadvantaged Business Enterprise Program has been
approved with the South Central Texas Regional Certification Agency(SCTRCA)and with the State of Texas Unified Certification
Program(TUCP). In accordance with U.S Department of Transportation(USDOT)DBE certification eligibility requirements
promulgated at 44!1 CFR. Part 26 and/or Part 23 and is currently certified as a:
`Disadvantaged Business Enterprise(DBE)
Certification Number: 220039704
Certification Anniversary: March 31,2021
Providing the following products or services:
NAICS 238110: POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS
NAICS 238910:SITE PREPARATION CONTRACTORS
NAICS 238990.ALL OTHER SPECIALTY TRADE CONTRACTORS
This certification shall remain valid, unless and until it has been removed in accordance with procedures set fourth in 49 CFR§26.8�.
In order to remain certified, it is your obligation to submit an Annual Update and Affidavit("No Change Affidavit")annually on or
before the anniversary of your DBE certification.A No Change Affidavit is a sworn affidavit affirming that there have been no changes
in the firm's circumstances affecting its size,disadvantage status, ownership or the control requirements of the regulation,or any
material change in the information provided in its application for DBE certification,including the suppoit documentation. Please note
that the SCTRCA reserves the right to request any other documentation that may be necessary to make a certification determination.
Please notify this office within thirty(30) days of any changes affecting the size,ownership,control requirements,or any material
change in the information provided in the submission of the certification application.Failure to provide these changes could result in
your firm being removed from the certified vendor database. The SCTRCA and/or the TUCP reserve the right to re-evaluate a firm's
certification status at anytime that they determine such re-evaluation is warranted.
Thank you for your participation in the SCTRCA DBE Certification Program.
Sin
harles Johnson,
Executive Director
32U1 Clicar Ridge Dr. iimidinK 11,Suac 1;210 Saii .nronio TX 78230
Phom•: (210)221-4RCA (.4722)
Exhibit "A"
TAB 5 - PRIOR WORK EXPERIENCE
Tolar is primarily a manufacturer supplier of transit passenger amenities for projects all across the United States.
However, through our sub-contracting partnership with LAW Contracting, we also provide manufacture and install
services to the following major transit customers which provides a turn-key solution for the complete manufacturing,
supply,and installation of shelters for specific customers. These include:
Agency: Dallas Area Rapid Transit(DART)
Location: Dallas,TX
Contact: Jennifer Jones
Title: Senior Manager,Area Mobility Programs
DART
Email: jjones@dart.org
® Phone: 214-749-2938
Project Type: Design and Fabrication with installation by local Tolar certified contractor
Project We are currently in the third period of a multi-year contract to install approximately 700 new
Description: street shelters and related accessories including solar security lighting. To date
approximately 365 new shelters have been installed using the services of our Texas
installation contractor.
Agency: Trinity Metro
Location: Fort Worth,TX
TRINITY ' / METRO Contact: Jose Perez
Title: Infrastructure Coordinator/Project Manager
Email: Jose.perez@ridetm.org
Phone: 817-215-8707
Project Type: Design and Fabrication with installation by local Tolar certified contractor
Project Multi-year contract to manufacture and install new transit shelters and related accessories
Description: including solar security lighting.To date approximately 100 new shelters have been installed
using the services of our Texas based installation contractor.
Agency: Capital METRO
Location: Austin,TX
Contact: Mark Herrera
®® Title: Program Manager
METRO
Email: Mark.herrera@capmetro.org
Phone: 512-369-6546
Project Type: Design and Fabrication with installation by local Tolar certified contractor
Project Supply new up to 24 custom radius roof,open walled shelters with windscreens under multi-
Description: year contract, as well as banner signage for existing and retrofit shelters.
In addition,LAW Contracting provides site construction and installation of Tolar shelter products under direct contract
to the following agencies:
David Covell, Contract Administrator Nikki H. Knight,Senior Projects Manager
VIA Metropolitan Transit Agency Greater Southeast Management District
San Antonio,TX Houston,TX
210-362-2406 713-637-4238
David.covell@viainfo.net nknight@houstonse.org
*,,,• Exhibit "A"
TOLAR
TOLAR REFERENCES
Agency: Blacksburg Transit
Location: Blacksburg, VA
Contact: Debbie Swetnam
OBT Title: Regulatory Manager
�■FR I'r" Email: dswetnam@blacksbur . ov
Phone: 540-443-7100, ext. 2052
Project Type: Standard Bus Shelters
Agency: Capital Area Rural Transportation System
Location: Austin, TX
Contact: Lyle Nelson
A Title: Chief of Staff
Capital Aron Rural Trans ion 8yft= Email: Ile ridecarts.com
Phone: S 12-505-5601
Project Type: Standard Bus Shelters
Agency: Capital Metropolitan Transportation Authority(Capital Metro)
Location: Austin, TX
Contact: Mark Herrera
MM® METRO Title: Pro ram Manager
Email: Mark.herrera@ca metro.or
Phone: S12-369-6S46
Project Type: Standard Bus Shelters& BRT/Rail/Hi h Capacity
Agency: Central Florida Regional Transportation Authority(LYNX)
Location: Orlando, FL
LYNX Contact: Reine
Ca
• Title: Capital PlanningManager
Email: 'reine@ of nx.com
Phone: 407-254-6046
Project Type:_ Standard Bus Shelters
Agency: Chapel Hill Transit
Location: Chapel Hill, NC
amI Hill Contact: Matt Cecil
urnsit Title: Transit Development Manager
Email: mcecil townofcha elhill.or
Phone: 919-969-4916
Project Type: Standard Bus Shelters
wF.
TOLAR
Exhibit "A"
TOLAR
Agency: Charlotte Area Transit System
Location: Charlotte, NC
Contact: Dan Edes
'—�— Title: Chief Procurement Officer
�•���E•-•'-• r•� Email: dedes@ci.charlotte.nc.us
Phone: 704-432-2567
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Clarksville Transit System
Location: Clarksville,TN
CTS Contact: Paul Nelson
Title: Transportation Manager
Clarksville Transit System Email: Paul.nelson cit ofclarksville.com
Phone: 931-553-2430
Project Type: Standard Bus Shelters
Agency: Concord Kanna olis Area Transit
Location: Concord, NC
Contact: L.I.Weslowski
` Title: Transit Manager
Email: weslowl'@concordnc. ov
Phone: 704-920-5447
(an(ard Aannapolis Arm Transit
Project Type: Standard Bus Shelters
Agency: Dallas Area Rapid Transit (DART)
Location: Dallas,TX
Contact: Rob Parks
Title: Planning Manager
DARTEmail: rob arks@dart.or
Phone: 214-749-2899
® Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: City of Davenport—CitiBus
Location: Davenport, IA
11 ® Contact: John Powell
Tifflus
Title: General Manager
Email: jpowellgci.daven port.ia.us
Phone: 563-888-2150
Project Type: Standard Bus Shelters
Agency: Escambia Coun Area Transit(ECAT)
Location: Pensacola, FL
�-w Contact: Kevin Pitts
Title: Facilities Maintenance
Email: k itts@co.escambia.fl.us
Phone: 850-595-3241
Project Type: Standard Bus Shelters
TOLAR
The Perfect Fit F
Your a
Exhibit "A"
TOLAR
Agency: Fayetteville Transit
Clly of � Location: Fayetteville. NC
Contact: Juan Lara ui
Title: Transit Manager
ate- Email: j rre ui ci.fa .nc.us
Phone: 910-433-1931
Project Type: Standard Bus Shelters
Agency: City of Gainesville Regional Transit System(RTS)
Location: Gainesville, FL
Contact: Matthew Muller
RTTitle: Transit Planner
f Email: mullermr@cityofgainesville.org
Phone: 352-393-7820
Project Type: Standard Bus Shelters
Agency: Des Moines Area Regional Transit Authority
Location: Des Moines, IA
dart,,,, Contact: Keith Welch
Title: Facilities Manager
- Email: kwelch@ridedart.com
Phone: 515-283-5028
Project Type: Standard Bus Shelters
Agency: Go Triangle
Location: Research Triangle Park, NC
Contact: Eric Simpson
Title: Ca ital Projects Manager
Triangle Email: esim son otrian le.com
Phone: 919-485-7557
Project Type: Standard Bus Shelters
Agency: Greensboro Transit
Location: Greensboro, NC
-�A Contact: Bruce Adams
Q /NzY 7ti Mute Title: General Manager
Email: Bruce.adams reensboro-nc. ov
Phone: 336-412-6237
Project Type: Standard Bus Shelters
Agency: Jacksonville Transit
Location: Jacksonville, NC
Contact: Roy Bredahl
Title: General Manager
lwksonville Email: rbredahl 'acksonvillenc. ov
T Phone: 910-938-5037
Project Type: Standard Bus Shelters
TOLAR
The Perfect Fit Your
Exhibit "A"
TOLAR
Agency: Jacksonville Transit Authority
Location: Jacksonville, FL
► Contact: Andy Rodgers
Title: Assistant Vice-President—Construction& Engineering
Email: acrod ers@'tafla.com
Phone: 904-633-8537
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Knoxville Area Transit
• • .
Location: Knoxville,TN
•000 0` a Contact: Si McMurray
•���•'• a Title: Chief Procurement Officer
•i���• K N O X V I L L E Email: smcmurray9katbus.corn
AREA TRANSIT Phone: 865-215-7803
Project Type: Standard Bus Shelters
Agency: Livermore Amador Valley Transit Authori (LAVTA)
Location: Livermore, CA
Contact: Mike Tree
crels
Title: Executive Director
Email: mtree@lavta.or
Phone: 925-455-7555
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Memphis Area Transit Authority(MATH)
Location: Mem his,TN
P?j Contact: Gary Crawford
Title: Program Manager
Email: gary@memphistransitads.com
MMA Phone: 901-674-7694
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Metropolitan Atlanta Rapid Transit Authority(MARTA)
Location: Atlanta, GA
Contact: Ran VanSickle
marts`x« Title: Senior Transit Systems Planner
Email: r404
ickletaitsmarta.com
Phone: 848-4151
Project T ard Bus Shelters&BRT/Rail/Hi h Capacity
TOLAR
The Perfect Fit I Your
Exhibit "A"
TOLAR
Agency: Monterey-Salinas Transit(MST)
Location: Monterey,CA
Contact: Carl Secloryk
Title: General Manager
Email: csedorykgmst.org
Phone: 831-899-2558
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Moron go Basin Transit Authority(MBTA)
Location: Joshua Tree, CA
Contact: Mark Goodale
o Title: General Manager
I
° Email: mark@mbtabus.com
i, Phone: 760 366-29E6
�- Project Type: Standard Bus Shelters
Agency: North Count Transit District(NCTD)
Location: Oceanside, CA
Contact: 01szanicky
Title: Service Implementation Manager
NORTH COUNTY Email: bolszanick nctd.or
TRANSIT DISTRICT Phone: 760-966-6591
Project T Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Okaloosa County Transit
Location: Fort Walton Beach, FL
Ga Contact: Janet Willis
Title: Transit Coordinator
AYy��� Email: iwillisC@myokaloosa.com
Phone: 850-683-6255
Project Type: Standard Bus Shelters
Agency: Regional Transportation Commission-Southern Nevada, Las
Vegas(RTC)
Location: Las Vegas, NV
Contact: Carl Scarbrough
Title: Manager-Transit Advertising and Facilities
RTC Email: Scarbrou hc@rtcsnv.com
Phone: 702-676-1602
Project Type: Standard Bus Shelters
Agency: Riverside Transit Agency(RTA)
Location: Riverside,CA
Contact: Robert Wyman
- Title: Sr. Facilities/Construction Project Manager
Rlr rsw.Try Agemy Email: man riversidetransit.com
Phone: 1 951-5655190
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
TOLAR
The Perfect Fit Your
Exhibit "A"
TO LA R
Agency: Rock Region METRO
_ Location: Little Rock,AR
Contact: Joe Proco
Title: Procurement Manager
Rock Region Email: i op@rrmetro.org
METRO Phone: 501-375-6717 Ext. 228
Project Type: Standard Bus Shelters
Agency: San Diego County Association of Governments(SANDAG)
Location: San Die o,CA
Contact: Dennis Wahl
QS8!!PAG Title: Senior Engineer
Email: dwa@sandag.org
Phone:
Project Type: Standard Bus Shelters& BRT/Rail/Hi h Capacity
Agency: StarMetro—City of Tallahassee
Location: Tallahassee, FL
Contact: Mary White
Title: Project Coordinator
Email: Ma .white tal ov.com
Phone: 850-891-5384
Project T Standard Bus Shelters
Agency: Topeka Metro
Location: Topeka, KS
y� Contact: Susan Duffy
TOPEKA Title: General Manager
METRO Email: sduffy@topekametro.org
Phone: 785-233-2011
Project Type: Standard Bus Shelters
Agency: Torrance Transit
�� Location: Torrance,CA
O � � Contact: James Lee
Title: Administrative Manager
Email: 'ameslee torranceca. ov
Chu�:7� Phone: 310-781-6924
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Trinity Metro
Location: Fort Worth,TX
Contact: Jose Perez
TRINITY METRO- Title: Planning Infrastructure Coordinator
Email: ezL@the-t.com
Phone: 817-215-8707
Project Type: Standard Bus Shelters
TOLAR
The Perfect Fit Your Community
Exhibit "A"
TOLAR
Agency: WeGo Public Transit (Nashville MTA)
Location: Nashville, TN
■ ■ ■ WeGo Contact: D'Nese Nicolosi
Title: Transit Stop Manager
00 Public Transit Email: dnese.nicolosi@nash%ille.gov
Phone: 615-880-2100 x 1547
Project Type: Standard Bus Shelters& BRT/Rail/Hi h Capacity
Additional information about Tolar projects can be obtained at www.tolarmfg.com
TOLAR =g
The Perfect Fit Your Community Our Shelters
Exhibit "A"
TAB 6 - PERSONNEL
Gary Tolar- President
Gary began his career in the fabrication business in 1970 as an American Welding Society (AWS) certified welder for
Century Plastics. Over the next several years, he expanded his knowledge of the fabrication industry to include the
operation of fabrication machinery, reading blueprints and architectural drawings, and purchasing. Gary eventually
became Vice President of Manufacturing for a major Southern California fabricator. Gary is the founder Tolar
Manufacturing Company, Inc., and maintains executive management of all company functions, including customer
service,quality control, operations,finance,sales, purchasing,engineering,and human resources.
Patrick Merrick- Executive Vice-President
Patrick began his tenure with Tolar in 2001, bringing a diverse resume that included four years supervising public
transportation with responsibility for transit marketing and passenger amenities. His experience included working
with nonprofit agencies that deal with public agencies, and 15 years in retail management. This experience, and his
long-term tenure at Tolar, has allowed Patrick to develop a complete understanding of the manufacturing process
and a thorough knowledge of the transit industry. This gives him the ability to anticipate customer needs and fulfill
them. Patrick is responsible for the sales, marketing, customer service and product development functions of the
company, and he maintains OEM relationships. His focus is serving the needs of our current and prospective
customers by listening to their needs and communicating their vision in a clear manner to all departments within our
company.
Scott Williams- Business Development Manager
Scott joined the company in 2015 and provides our customers with extensive transit and public procurement
expertise. Prior to joining Tolar, Scott served as Vice President for Business Development at Keolis Transit America
where he developed long term customer relationships, managed the public procurement compliance process, and
implemented solutions for transit agencies across the country. His experience providing proactive and responsive
service helps Tolar customer agencies achieve a positive public image through the purchase,design, and production
of public transit shelters and passenger amenities that enhance the communities they serve. Scott is responsible for
sales and project management for new and existing Tolar customers in the transit and public agency marketplace.
George Golden—CPA/Controller
George is a Certified Public Accountant (CPA) with over 30 years'experience in financial management. For the past
14 years, George has been Controller/Chief Financial Officer for companies in the automotive industry as well as in
the collection industry. George has also been a partner in a local CPA firm as well as owned his own accounting firm
for 20 years.George holds a Bachelor of Science degree in Business Administration with emphasis in accounting,and
currently oversees all financial responsibilities for Tolar, including the accounting, purchasing, document control,
Human Resources,and IT portions of the company.
Gabriel Guzman - Production Manager
Gabriel has risen through the ranks at Tolar and reached his current position as Production Manager with over ten
years of experience in fabrication. Gabriel leads and trains a team of AWS certified welders, sheet metal workers,
fabricators, material handlers, assembly workers and quality control staff. Gabriel is responsible for all activities on
the production floor including production of quality products in line with customer expectations, on-time shipping,
safety,and workplace compliance.
Eli Meza - Engineering Manager
Eli joined Team Tolar in 2007 as our lead designer,and has skill set has grown while at Tolar. Eli's previous experience
includes 15 years in the automotive industry designing and manufacturing aftermarket parts. His large architectural
background is a great asset in his current responsibilities, and contributed to Eli earning the prestigious Autodesk
Inventor of the Month award in 2012. This international recognition,for Tolar's use of Inventor,Vault, Publisher,and
other CAD tools in our purpose driven designs, would not have been possible without the efforts of Eli and his team.
Exhibit "A"
Eli has a wealth of knowledge and experience in engineering systems and design, and has lead teams earning lean
manufacturing system improvement, ISO, and AS9100 certifications. Eli leads a seven-person engineering, design,
and quality control team which is responsible for creating designs, renderings, production drawings and work orders
based on customer specifications as well as research and development.
David Van Eyk—Quality Control Manager
A recent addition to the Tolar Manufacturing team,David brings over 10 years of experience managing quality control
programs with an emphasis in sheet metal and welding, most of which occurred in manufacturing facilities with
AS9100 certifications. A native of upstate New York, David first came to Southern California as an aircraft structural
mechanic repairing planes as a United States Marine during the Vietnam War. As Tolar's quality control manager,
David is responsible for ensuring that all departments adhere to the company's Quality Controls Manual. He also is
responsible for maintaining Tolar's rigorous Clark County Fabricator certification, relationships with our outside
consultants and auditors, and is responsible for quality inspections, quality control, routine quality training, and
compliance of all departments with the Tolar Quality Systems Manual.He is a direct report to company president Gary
Tolar.
Exhibit "A"
TAB 7 - AUTHORIZED NEGOTIATOR
Scott Williams, Business Development Manager is the authorized representative for Tolar Manufacturing Company,
Inc. in all matters related to this proposal and resulting project with the City of Round Rock, TX. Complete contact
information for Scott is as follows:
Scott Williams
Business Development Manager
Direct:951.547.8230
Mobile:909.957.0100
SWilliams@Tolarmfg.com
Tolar Manufacturing Company, Inc
258 Mariah Circle
Corona, CA 92879-1751
OFFICE: 951.808.0081
CUSTOMER SERVICE:951.808.2091
customerservice@tolarmfg.com
Exhibit "A"
TAB 8 - ATTACHMENTS AND ADDENDUM
Completed Attachments and Addendums are presented on the following pages.
Exhibit "A"
City of Round Rock
CDBG South Mays Street Bus Shelters
RFP No. 21-011
Class/Item: 155-76
March 2021
ATTACHMENT A
PROPOSAL SUBMITTAL FORM AND EXECUTION
NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT WITH THEIR
PROPOSAL. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.
By signature hereon,the Respondent certifies that:
All statements and information prepared and submitted in the response to this RFP are current, complete,
and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee in
connection with the submitted response. Failure to sign the Execution of Proposal or signing it with a
false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Proposal is authorized
to sign this document on behalf of the Respondent and to bind the Respondent under any contract
resulting from this request for proposals.
RESPONDENT (COMPANY): Tolar Manufactu;4ng Company, Inc.
SIGNATURE(IN INK): f WC v .
NAME(TYPED/PRINTED) Scott Williams
TITLE: Business Development Manager DATE: 3/30/2021
STREET: 258 Mariah Circle
CITY/STATEIZIP: Corona, CA 92879
TELEPHONE AND FACSIMILE NO.: 951-808-0081 FAX 951-808-0041
E-MAIL ADDRESS: Swilliams@tolarmfg.com
FEDERAL TAX IDENTIFICATION NUMBER(FIN): 33-0534028
By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions,
Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically
provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and
Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of
changes. In addition to the above General Terms and Conditions listed in Section IV, the City's Definitions,
Terms and Conditions shall be enforced and part of the contract and can be obtained from the City's website
at.JhttgsJ/www.roundrocktexas.00v/departments/purchasing/
Page 15 of 17
Exhibit "A"
City of Round Rock
CDBG South Mays Street Bus Shelters
RFP No.21-011
Class/Item: 155-76
March 2021
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 21-011
RESPONDENT'S NAME: Scott Williams DATE: 3/30/2021
Provide the name, address, telephone number and E-MAIL of at least three(3)valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the
last two(2)years.City of Round Rock references are not applicable. References may be checked prior to
award. If references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
1. Company's Name See References List Attached
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State,Zip Code
Telephone Number ( ) Fax Number: ( )
2. Company's Name See Reference List Attached
Name of Contact
Title of Contact
E-Mail Address
Present Address
City,State, Zip Code
Telephone Number ( ) Fax Number. ( )
3. Company's Name See Reference List Attached
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number. ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 16 of 17
Exhibit "A"
City of Round Rock
CDBG South Mays Street Bus Shelters
RFP No.21-011
Class/Item. 155-76
March 2021
ATTACHMENT C
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 21-011
RESPONDENT'S NAME: Tolar Manufacturing Company, Inc. DATE: 3/30/2021
• CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, 1 INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT Y
If yes complete the information below
1. Subcontractor Name LAW Contracting, LLC
Name of Contact Jack Wideman
E-Mail Address jwidemanjr@hotmail.com
Address 126 Yosemite Drive
City, State, Zip Code San Antonio, TX 78232
Telephone Number ( 210 ) 669-2267 Fax Number: ( )
Describe work to be
performed Demolition, removal, concrete and installation. Furnishings by Tolar.
Percentage of contract 43 %
work to be performed
2. Subcontractor Name
Name of Contact
Title of Contact
E-Mail Address
Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
Describe work to be
performed
Percentage of contract °
work to be performed �0
• Add additional pages as needed
Page t 7 of 17
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING OIVf51CN
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: RFP 21-011 Addendum No:1 Date of Addendum: 3/24/2021
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Questions:
01: Do you have a start date in mind for this project?
Al: We anticipate construction to begin in August 2021
Q2: Do you have a budget in mind or estimated value for this project?
A2: We will share that with the successful proposer.
Q3: Can the City provide a list of bidders or planholders for this project?
A3: The solicitation was published in the Austin American Statesman, the City's website,the SWTA website,
the TTA website and vendors listed on the state's CMBL list with commodity code 155-76.
04: Please confirm the specific Tolar product that is described in the Scope of Work, Section B. Bus shelter
Design and Requirements. Can the City confirm that the model described below(and standard shelter
model drawing attached) is the Tolar Sierra shelter model that meets the city's desired shelter design?
A4: That example model number and size is 11152-00, 9 foot. We are requesting solar panels though so no
wiring will be required to the site.
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME,
APPROVED BY: 3/24/21
Adam Ga non, Fyurchaser
Purchasing Office, 512-218-5456
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
�0,0 i { U,40"5 k"'—rJ
3 % 21
Name Authorized ature Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD_
Exhibit "A"
ROUND ROCK TEXAS
PVNCMASING OfV ISfUN
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: RFP 21-011 Addendum No: 2 Date of Addendum: 411/21
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Extension: The proposal due date is hereby extended until Thursday. April 81^2021 at 3:OOPM CST.
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
APPROVED BY. _dL 4/1/21
Adam Gaon, PYchaser
Purchasing Office, 512-218-5456
By the signature affixed below this addendum is hereby incorporate to and made a part of the above referenced
solicitation.
ACKNOWLEDGED Y: \
'C;& F !L.Lt�V;5 / �F Z
Name A igi4t6re Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
Exhibit "A"
TAB 9 - COST PROPOSAL
Completed Cost Proposal Sheet(Attachment 1)is presented on the following page.
I tl
Attachmenfttxbt� 901Aposal Sheet
Community Development Block Grant(CDBG)South Mays Street Bus Shelters
RFP 21-011
The Respondent represents they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents
contained in RFP 21-011 Community Development Block Grant(CDBG)South Mays Street Bus Shelters.The Respondent acknowledges that they have
received and read the entire solicitation packet,attachments,addendums,and all documents incorporated by reference,and agrees to be bound by the
terms therein.
Special Instructions: The City reserves the right to purchase more or less than the quantities indicated below.
No. Description Estimated Unit Unit Cost Extended Total
Quantity
1 Bus Shelter equipment(including benches,litter receptacles, 5 EA $10,060.00 $50,300.00
lighting,and all other hardware)
Location#1
2 S.Mays Street(In front of Shipley's Donuts)Southbound 1 EA $7,350.00 $7.350.00
Tum-key costcost for demolition,removal of existing equipment,
concrete foundation,and installation of new equipment.
Location#2
3 Mays Crossing Dr.(East Side)Northbound 1 EA $7.350.00 $7,350.00
Turn-key cost cost for demolition,removal of existing equipment,
concrete foundation,and installation of new equipment.
Location#3
4 S.Mays St&Mays Crossing(West Side)Southbound 1 EA $7.350.00 $7,350 00
Turn-key cost cost for demolition,removal of existing equipment,
concrete foundation,and installation of new equipment.
Location#4
5 Tower Dr.&S.Mays St (West Side)Southbound 1 EA $7.350.00 $7,350.00
Turn-key cost cost for demolition,removal of existing equipment,
concrete foundation,and installation of new equipment.
Location#5
6 S. Mays St.&Tower Dr.(East Side)Northbound 1 EA $7,350.00 $7,350.00
Turn-key cost cost for demolition,removal of existing equipment,
concrete foundation,and installation of new equipment.
Project Total:F $87,050.00
1oft
Exhibit "B"
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics
incurred for more than a weekly period (but not less often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
the classification.
workers.
(ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof.
have been met: (iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(06/2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1
Exhibit "B"
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its information may be submitted in any form desired.
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further http://www.dol.povlesalwhd/formslwh347instr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete;
Previous editions are obsolete form HUD-4010(06/2009)
Page 2 of 5 ref. Handbook 1344.1
Exhibit "B"
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a properly executed
registered program shall be observed. Every apprentice certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
"Statement of Compliance" required by subparagraph A.3.(ii)(b). specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant ',to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(06/2009)
Page 3 of 5 ref. Handbook 1344.1
Exhibit "B"
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration
(iii) The penalty for making false statements is prescribed
withdraws approval of a training program, the contractor
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
will no longer be permitted to utilize trainees at less than
U.S. Criminal Code, Section 1 ra 0, Title 18, U.S.C.,
the applicable predetermined rate for the work performed
until an acceptable program is approved. "Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
(iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards.
paragraph. (1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref. Handbook 1344.1
Exhibit "B"
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010(06/2009)
Page 5 of 5 ref. Handbook 1344.1
Exhibit "B"
TABLE OF CONTENTS
Section No. Title
FR-01 Breach of Contract Terms
FR-02 Termination of Contract
FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b)
FR-04 Standard Federal Equal Employment Opportunity Construction Contract
Specifications—41 CFR Part 60.4.3
FR-05 Copeland Anti-Kickback Act 29 CFR Part 5
FR-06 Davis-Bacon Labor Requirements 29 CFR part 5
FR-07 Contract Work hours and Safety Standards Act Requirements
FR-08 Regulations Pertaining to Reporting
FR-09 Rights to Inventions
FR-10 Access to Records and Record Retention
FR-11 Clean Air and Water Pollution Control
FR-12 Energy Conservation Requirements
FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
FR-14 Lobbying and Influencing Federal Employees
FR-15 Economic Opportunities for Low and Very-Low Income Persons
FR-16 Affirmative Action Regulations and Plan
FR-17 Women and Minority Owned Businesses (M/WBE)
FR-18 Accessibility Section 504 Compliance
FR-19 Texas Architectural Barriers Act
FR-20 Drug-Free Workplace Requirements
FR-21 Field Requirements
Exhibit "B"
FEDERAL REQUIREMENTS: FR-01
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this agreement. The
duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract and for debarment as a contractor as provided in 29 CFR 5.12.
Exhibit "B"
FEDERAL REQUIREMENTS: FR-02
TERMINATION OF CONTRACT
a. The City may, by written notice, terminate this contract in whole or in part at any time,
either for the City's convenience or because of failure to fulfill the contract obligations. Upon
receipt of such notice services shall be immediately discontinued (unless the notice directs
otherwise) and all materials as may have been accumulated in performing this contract,
whether completed or in progress, delivered to the City.
b. If the termination is for the convenience of the City, an equitable adjustment in the contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed
services.
c. If the termination is due to failure to fulfill the contractor's obligations, the City may take
over the work and prosecute the same to completion by contract or otherwise. In such case,
the contractor shall be liable to the City for any additional cost occasioned to the City thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that
the contractor had not so failed, the termination shall be deemed to have been effected for
the convenience of the City. In such event, adjustment in the contract price shall be made
as provided in this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.
Reference: 49 CFR Part 18.36(i) (2)
Exhibit "B"
FEDERAL REQUIREMENTS: FR-03
EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR
PART 60-1.4(b)
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this 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 receive considerations for
employment without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which
he/she has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or workers'
representatives of the contractor's commitments under Section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
5. 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/her books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the such rules, regulations, or orders, this contract may be cancelled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedure 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, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
7. The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 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 may
be directed by the Secretary of Labor as a means of enforcing such provision, including
Exhibit "B"
sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is 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 of the United States. [Sec. 202 amended by EO
11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct
5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 203.Each contractor having a contract containing the provisions prescribed in Section
202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with
the contracting agency or the Secretary of Labor as may be directed. Compliance Reports
shall be filed within such times and shall contain such information as to the practices,
policies, programs, and employment policies, programs, and employment statistics of the
contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
Contractors or subcontractors may be required to state whether they have participated in
any previous contract subject to the provisions of this Order, or any preceding similar
Executive order, and in that event to submit, on behalf of themselves and their proposed
subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation
of a contract.
Whenever the contractor or subcontractor has a collective bargaining agreement or other
contract or understanding with a labor union or an agency referring workers or providing
or supervising apprenticeship or training for such workers, the Compliance Report shall
include such information as to such labor union's or agency's practices and policies
affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent
such information is within the exclusive possession of a labor union or an agency referring
workers or providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such information to the contractor, the contractor shall so
certify to the Secretary of Labor as part of its Compliance Report and shall set forth what
efforts he has made to obtain such information.
The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part
of his/her Compliance Report, a statement in writing, signed by an authorized officer or
agent on behalf of any labor union or any agency referring workers or providing or
supervising apprenticeship or other training, with which the contractor deals, with
supporting information, to the effect that the signer's practices and policies do not
discriminate on the grounds of race, color, religion, sex or national origin, and that the
signer either will affirmatively cooperate in the implementation of the policy and provisions
of this Order or that it consents and agrees that recruitment, employment, and the terms
and conditions of employment under the proposed contract shall be in accordance with the
purposes and provisions of the order. In the event that the union, or the agency shall refuse
to execute such a statement, the Compliance Report shall so certify and set forth what
efforts have been made to secure such a statement and such additional factual material as
the Secretary of Labor may require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970
Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230
Reference:Executive Order 11246& Title 41 CFR Part 60-1.4
Exhibit "B"
FEDERAL REQUIREMENTS: FR-04
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black(all) persons having origins in any of the Black African racial groups not of Hispanic
origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin regardless of race);
(3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of$10,000 the provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set forth in the solicitations
from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals
and timetables) shall be in accordance with that Plan for those trades which have unions
participating in the Plan. Contractors shall be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance by
other contractors or subcontractors toward a goal in an approved Plan does not excuse any
covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan
goals and timetables.
4. The contractor shall implement the specific affirmative action standards provided in
paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
employment and training of minority and female utilization the contractor should reasonably
be able to achieve in each construction trade in which it has employees in the covered area.
Covered construction contractors performing construction work in a geographical area
Exhibit "B"
where they do not have a Federal or federally assisted construction contract shall apply the
minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such
notices may be obtained from any Office of Federal Contract Compliance Programs office
or from Federal procurement contracting officers. The contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of an collective bargaining agreement nor the failure b a union
P Y 9 9 9 Y
with whom the contractor has a collective bargaining agreement to refer either minorities or
women shall excuse the contractor's obligations under these specifications, Executive Order
11246 or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in
I h contractor during meeting the goals, such apprentices and trainees shall be employed by g
the training period and the contractor shall have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees shall be trained pursuant to training programs approved
by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor's compliance with these specifications shall be
P
based upon its effort to achieve maximum results from its actions. The contractor shall
document these efforts fully and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor's employees are assigned to
work. The contractor, where possible, will assign two or more women to each construction
project. The contractor shall specifically ensure that all foremen, superintendents, and other
onsite supervisory personnel are aware of and carry out the contractor's obligation to
maintain such a working environment,with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, not employed by the contractor, this shall
be documented in the file with the reason therefore along with whatever additional actions
the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the contractor has a collective bargaining agreement has not referred to the contractor a
minority person or female sent by the contractor, or when the contractor has other
information that the union referral process has impeded the contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the contractor's employment needs,
Exhibit "B"
especially those programs funded or approved by the Department of Labor. The contractor
shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific review of
these items with onsite supervisory personnel such a superintendents, general foremen,
etc., prior to the initiation of construction work at any job site. A written record shall be made
and maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the contractor
shall send written notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate
or single user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
Exhibit "B"
p. Conduct a review, at least annually, of all supervisor's adherence to and performance
under the contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in
fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts
of a contractor association, joint contractor union, contractor community, or other similar
groups of which the contractor is a member and participant, may be asserted as fulfilling any
one or more of its obligations under 18.7a through 18.7p of these specifications provided
that the contractor actively participates in the group, makes every effort to assure that the
group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's minority
and female workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness
of actions taken on behalf of the contractor. The obligation to comply, however, is the
contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
contractor's noncompliance.
9. 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. Consequently, if the particular group is employed in a substantially
disparate manner (for example, even though the contractor has achieved its goals for
women generally,) the contractor may be in violation of the Executive Order if a specific
minority group of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the contractor fails to comply with the requirements
of the Executive Order, the implementing regulations, or these specifications, the Director
shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out,to submit reports relating
to the provisions hereof as may be required by the Government, and to keep records.
Records shall at least include for each employee, the name, address, telephone number,
construction trade, union affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate records.
Exhibit "B"
15. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: Executive Order 11246& Title 41 CFR Part 60—4.3
Exhibit "B"
FEDERAL REQUIREMENTS: FR-05
COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874/40 U.S.C. 276c/29 CFR Part 3
Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
TITLE 18, U.S.C.
Sec. 874. Kickbacks from public works employees
"Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by
any other manner whatsoever induces any person employed in the construction,
prosecution, completion or repair of any public building, public work, or building or work
financed in whole or in part by loans or grants from the United States, to give up any part of
the compensation to which he is entitled under his contract of employment, shall be fined
not more than $5,000 or imprisoned not more than five years, or both."
[18 U.S.C. 874 (June 25, 1948, Ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces
the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified
as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.]
TITLE 40, U.S.C. (as amended)
Sec. 276c, Regulations governing contractors and subcontractors
"The Secretary of Labor shall make reasonable regulations for contractors and
subcontractors engaged in the construction, prosecution, completion or repair of public
buildings, public works or buildings or works financed in whole or in part by loans or grants
from the United States, including a provision that each contractor and subcontractor shall
furnish weekly a statement with respect to the wages paid each employee during the
preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and
Criminal Procedure) shall apply to such statements."
[40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and
72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section
2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally
with its replacement by 18 U.S.C. 874, set out above.]
Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note):
"In order to assure coordination of administration and consistency of enforcement of the
labor standards provision of each of the [foregoing and other enumerated] Acts by the
Federal agencies responsible for the administration thereof, the Secretary of Labor shall
prescribe appropriate standards, regulations, and procedures, which shall be observed by
these agencies, and cause to be made by the Department of Labor such investigations, with
respect to compliance with and enforcement of such labor standards, as he deems
desirable, ..."
Exhibit "B"
FEDERAL REQUIREMENTS: FR-06
FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
DAVIS - BACON REQUIREMENTS
Compliance with Davis-Bacon and Related Act Requirements: All rulings and
interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3
and 5 are herein incorporated by reference.
For additional information regarding Labor Rates, please go to the following United States
Department of Labor website:
htt s://www.dol. ov/a encies/whd/ overnment-contracts/construction
P 9 9 9
Applicability
�p Y
The Project or Program to which the construction work covered by this contract pertains is
being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such Federal
assistance.
1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount
of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period.
Such laborers and mechanics shall be aid the appropriate rate and fringe benefits on
Pwage 9 9
the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work
in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed
under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all
times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can easily be seen by the workers.
(ii) (a)Any class of laborers or mechanics, which is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
Exhibit "B"
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budged under
OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification
or their representatives, and HUD or its designee do not agree on the proposed classification
and wage rate(including the amount designated for fringe benefits where appropriate), HUD
or its designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-
day period that additional time is necessary. (Approved by the Office of Management and
Budged under OMB control number 12150140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (b)or(c) of this paragraph, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
(III) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, That the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of Management and Budged
under OMB control number 12150140.)
2. Withholding.
HUD or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor,
or any other Federally-assisted contract subject to David-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of
Exhibit T"
work, all or part of the wages required by the contract, the HUD or its designee may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for and on account of the contractor or
subcontractor to the respective employees to whom they are due. The Comptroller General
shall make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in Section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or program
described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual costs incurred in providing such benefits. Contractors employing apprentices
or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the contractor will submit the payrolls to the
applicant sponsor or owner, as the case may be, for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a) (3) (i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMB Control Numbers 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under CFR 5.5(a) (3) (i) above and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations 29 CFR Part 3;
Exhibit "B"
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i)
available for inspection, copying or transcription by authorized representatives of HUD or its
designee, or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit
the required records or to make them available, HUD or its designee may, after written notice
to the contractor, sponsor, applicant or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered
in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice
in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of
an apprenticeship program, the contractor will no longer be permitted to utilize apprentices
Exhibit "B"
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant
to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under 29 CFR Part 5 shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated
by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses contained in subparagraphs 1 through 11 of this paragraph A and such other
clauses as HUD or its designee may by appropriate instructions require, and a copy of the
applicable prevailing wage decision, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this paragraph.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of
Exhibit "B"
Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD, the U.S.
Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm
is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a)
of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate
in HUD programs pursuant to 24 CF Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12
(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.
Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001.
Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing
Administration transactions", provides in part: "Whoever, for the purpose of ..... influencing
in any way the action of such Administration....makes, utters or publishes any statement
knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more
than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to
whom the wage, salary, or other labor standards provision of this Contract are applicable
shall be discharged or in any other manner discrimination against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted or caused to be
instituted any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his employer.
Reference: Title 29 CFR Part 5.5
WAGE RATES
Exhibit "B"
FEDERAL REQUIREMENTS: FR-07
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
29 CFR PART 5
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic, in any workweek in
which he or she is employed on such work to work in excess of 40 hours in such
it
Exhibit "B"
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in subparagraph (1) of this
paragraph above, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in
subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause
requiring the subcontractor to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
(5) Health and Safety. No laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his/her health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions
pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
The Contractor shall include the provisions of this para-graph in every subcontract so
that such provisions will be binding on each subcontractor. The Contractor shall take
such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary
Exhibit "B"
Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d
Exhibit T"
FEDERAL REQUIREMENTS: FR-08
REGULATIONS REGARDING REPORTING
INSTRUCTIONS HUD FORM 2516
This report is to be completed by grantees, developers, sponsors, builders, agencies,
and/or project owners for reporting contract and subcontract activities of $10,000 or
more under the following programs: Community Development Block Grants
(entitlement and small cities); Urban Development Action Grants; Housing
Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing
Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance.
Contracts/subcontracts of less than $10,000 need be reported only if such contracts
represent a significant portion of your total contracting activity. Include only contracts
executed during this reporting period.
Section 3
This form has been modified to capture Section 3 contract data in columns 7g and 7i.
Section 3 requires that the employment and other economic opportunities generated
by HUD financial assistance for housing and community development programs shall,
to the greatest extent feasible, be directed toward low- and very low-income persons,
particularly those who are recipients of government assistance for housing. Recipients
using this form to report Section 3 contract data must also use Part I of form HUD- 60002
to report employment and training opportunities data. Form HUD-2516 is to be may
establish income ceilings higher or lower than 80 per centum of the median for the
area on the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or unusually high or low-income
families. Very low-income persons means low-income families (including single
persons) whose incomes do not exceed 50 per centum of the median family income
for the area, as determined by the Secretary with adjustments for smaller and larger
families, except that the Secretary may establish income ceilings higher or lower than
50 per centum of the median for the area on the basis of the Secretary's findings that
such variations are necessary because of unusually high or low family incomes.
Submit two (2) copies of this report to your local HUD Office within ten (10) days after
the end of the reporting period you checked in item 4 on the front.
Community Development Programs
1. Grantee: Enter the name of the unit of government submitting this report.
2. Contact Person: Enter name and phone of person responsible for maintaining and
submitting contract/subcontract data.
3. Contact Person: Enter name and phone of person responsible for maintaining and
submitting contract/subcontract data.
7a. Grant Number: Enter the HUD Community Development Block Grant Identification
Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and
Small City multi-year comprehensive programs, enter the latest approved grant
number.
Exhibit "B"
7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest
dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the
subcontract only and not for the prime contract.
7c. Type of Trade: Enter the numeric codes which best indicates the
contractor's/subcontractor's service. If subcontractor ID number is provided in 7f, the
type of trade code would be for the subcontractor only and not for the prime
contractor. The "other" category includes supply, professional services and all other
activities except construction and education/training activities.
7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the
racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the
business. When 51% or more is not owned and controlled by any single racial/ethnic/
gender category, enter the code which seems most appropriate. If the subcontractor
ID number is provided, the code would apply to the subcontractor and not to the
prime contractor.
7e. Woman Owned Business: Enter Yes or No.
7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the
unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number
must be provided for each contract/subcontract awarded.
7g. Section 3 Contractor: Enter Yes or No.
7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the
subcontractor as the unique identifier for each subcontract awarded from HUD funds.
When the subcontractor ID Number is provided, the respective Prime
Contractor ID Number must also be provided.
7i. Section 3 Contractor: Enter Yes or No.
7j. Contractor/Subcontractor Name and Address: Enter this information for each A
Section 3 contractor/subcontractor is a business concern that provides economic
opportunities to low-and very low-income residents of the metropolitan area
(nonmetropolitan county), including a business concern that is 51 percent or more
owned by low- or very low-income residents; employs a substantial number of low- or
very low-income residents; or provides subcontracting or business development
opportunities to businesses owned by low- or very low-income residents. Low- and very
low-income residents include participants in Youth build programs established under
Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The
terms "low-income persons" and "very low-income persons" have the same meanings
given the terms in section 3(b) (2) of the United States Housing Act of 1937.
Low-income persons mean families (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area, as determined by the
Secretary, with adjustments for smaller and larger families, except that the Secretary
may establish Income ceilings higher or lower than 80 percent of the median for the
area on the basis of the Secretary's findings such that variations are necessary
because of prevailing levels of construction costs or unusually high or low-income
families. Very low-income persons mean low-Income families (including single persons)
whose incomes do not exceed 50 percent of the median family Income area, as
determined by the Secretary with adjustments or similar and larger families, except
that the Secretary may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis of the Secretary's findings that such variations are
necessary because of unusually high or low family incomes.
Exhibit "B"
Instructions for: Form HUD-60002, Section 3 Summary Report, Economic Opportunities
for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annual accomplishments regarding
employment and other economic opportunities provided to low- and very low-income
persons under Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and Indian housing programs that receive:
(1) development assistance pursuant to
Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section
9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of
the U.S. Housing Act of 1937 and to recipients of housing and community
development assistance in excess of $200,000 expended for: (1) housing rehabilitation
(including reduction and abatement of lead-based paint hazards), (2) housing
construction; or (3) other public construction projects; and to contracts and
subcontracts in excess of $100,000 awarded in connection with the Section-3-covered
activity.
Form HUD-60002 has three parts, which are to be completed for all programs covered
by Section 3. Part I relates to employment and training. The recipient has the option to
determine numerical employment/training goals either on the basis of the number of
hours worked by new hires (columns B, D, E and F). Part II of the form relates to
contracting, and Part III summarizes recipients' efforts to comply with Section 3.
Recipients or contractors subject to Section 3 requirements must maintain appropriate
documentation to establish that HUD financial assistance for housing and community
development programs were directed toward low- and very low-income persons.* A
recipient of Section 3 covered assistance shall submit one copy of this report to HUD
Headquarters, Office of Fair Housing and Equal Opportunity. Where the program
providing assistance requires an annual performance report, this Section 3 report is to
be submitted at the same time the program performance report is submitted. Where
an annual performance report is not required, this Section 3 report is to be submitted
by January 10 and, if the project ends before December 31, within 10 days of project
completion. Only Prime Recipients are required to report to HUD. The report must
include accomplishments of all recipients and their Section 3 covered contractors and
subcontractors.
HUD Field Office: Enter the Field Office name.
1. Recipient: Enter the name and address of the recipient submitting this report.
2. Federal Identification: Enter the number that appears on the award form (with
dashes). The award may be a grant, cooperative agreement or contract.
3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar,
received by the recipient.
4 & 5. Contact Person/Phone: Enter the name and telephone number of the person
with knowledge of the award and the recipient's implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year) this report covers.
7. Date Report Submitted: Enter the appropriate date.
Exhibit "B"
8. Program Code: Enter the appropriate program code as listed at the bottom of the
page.
9. Program Name: Enter the name of HUD Program corresponding with the "Program
Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are defined as people who
have special knowledge of an occupation (i.e. supervisors, architects, surveyors,
planners, and computer programmers). For construction positions, list each trade and
provide data in columns B through F for each trade where persons were employed.
The category of "Other" includes occupations such as service workers.
Column B: (Mandatory Field) Enter the number of new hires for each category of
workers identified in Column A in connection with this award. New hire refers to a
person who is not on the contractor's or recipient's payroll for employment at the time
of selection for the Section 3 covered award or at the time of receipt of Section 3
covered assistance.
Column C: (Mandatory Field) Enter the number of Section 3 new hires for each
category of workers identified in Column A in connection with this award. Section 3
new hire refers to a Section 3 resident who is not on the contractor's or recipient's
payroll for employment at the time of selection for the Section 3 covered award or at
the time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents)
in connection with this award.
Column E: Enter the percentage of the total staff hours worked for Section 3
employees and trainees (including new hires) connected with this award. Include staff
hours for part-time and full-time positions.
Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained
in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this project/program
that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts connected with
this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non-Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this project awarded
to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts connected with
this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts - Self -explanatory
Exhibit "6"
Submit one 1 co of this report to the HUD Headquarters Office of Fair Housing and
( ) copy p q g
Equal Opportunity, at the same time the performance report is submitted to the
program office. The Section 3 report is submitted by January 10. Include only contracts
executed during the period specified in item 8. PHAs/IHAs are to report all
contracts/subcontracts.
* The terms "low-income persons" and very low-income persons" have the same
meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937.
Low-income persons mean families (including single persons) whose incomes do not
exceed 80 percent of the median income for the area, as determined by the
Secretary, with adjustments for smaller and larger families, except that The Secretary
may establish income ceilings higher or lower than 80 percent of the median for the
area on the basis of the Secretary's findings such that variations are necessary
because of prevailing levels of construction costs or unusually high- or low-income
families. Very low-income persons mean low-income families (including single persons)
whose incomes do not exceed 50 percent of the median family income area, as
determined by the Secretary with adjustments or smaller and larger families, except
that the
Secretary may establish income ceilings higher or lower than 50 percent of the median
for the area on the basis of the Secretary's findings that such variations are necessary
because of unusually high or low family incomes.
Exhibit "B"
FEDERAL REQUIREMENTS: FR-9
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to
regulations issued by HUD or its designee and the Sponsor of the Federal grant under
which this contract is executed.
Reference: Title 49 CFR Part 18.36(i) (8)
Exhibit "B"
FEDERAL REQUIREMENTS: FR-10
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the Sponsor, HUD and the Comptroller General of the United States
or any of their duly authorized representative's access to any books, documents,
papers, and records of the contractor which are directly pertinent to the specific
contract for the purpose of making audit, examination, excerpts and transcriptions.
The Contractor agrees to maintain all books, records and reports required under this
contract for a period of not less than three years after final payment is made and all
pending matters are closed.
Reference: Title 49 CFR Part 18.36(i)
Exhibit "B"
FEDERAL REQUIREMENTS: FR-1 1
CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
a. That any facility to be used in the performance of the contract or subcontract or to
benefit from the contract is not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in Section
114 and Section 308 of the Acts, respectively, and all other regulations and guidelines
issued thereunder;
c. That, as a condition for the award of this contract, the contractor or subcontractor
will notify the awarding official of the receipt of any communication from the EPA
indicating that a facility to be used for the performance of or benefit from the
contract is under consideration to be listed on the EPA List of Violating Facilities;
d. To include or cause to be included in any construction contract or subcontract
which exceeds $ 100,000 the aforementioned criteria and requirements.
Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(i) (12) & Section 306 of the
Clean Air Act & Section 508 of the Clean Water Act
Exhibit "B"
FEDERAL REQUIREMENTS: FR-12
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency that are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Public Law 94-163).
Reference: Title 49 CFR Part 18.36 & Public Law 94-163
Exhibit "B"
FEDERAL REQUIREMENTS: FR-13
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts.
Reference: 49 CFR Part 29 & FAA Order 5100.38C
Exhibit "B"
FEDERAL REQUIREMENTS: FR-14
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, 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
of a Member of Congress in connection with the making of any Federal grant and the
amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds 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
of a Member of Congress in connection with any Federal grant, the contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in
accordance with its instructions.
Reference: Title 49 CFR Part 20, Appendix A
Exhibit "B"
FEDERAL REQUIREMENTS: FR-14
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts.
Reference: 49 CFR Part 29 & FAA Order 5100.38C
Exhibit "B"
FEDERAL REQUIREMENTS: FR-15
ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS
Section 3 Clause.
Housing and Urban Development Act of 1968
All section 3 covered contracts shall include the following clause (referred to as the
section 3 clause):
The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u
(section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance for
housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to 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
violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
Exhibit "B"
With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
section 3 and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
§ 135.40 Providing other economic opportunities.
(a) General. In accordance with the findings of the Congress, as stated in section 3,
that other economic opportunities offer an effective means of empowering low-
income persons, a recipient is encouraged to undertake efforts to provide to low-
income persons economic opportunities other than training, employment, and
contract awards, in connection with section 3 covered assistance.
(b) Other training and employment related opportunities. Other economic
opportunities to train and employ section 3 residents include, but need not be limited
to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring
section 3 residents in management and maintenance positions within other housing
developments; and hiring section 3 residents in part-time positions.
(c) Other business related economic opportunities.
(1) A recipient or contractor may provide economic opportunities to establish, stabilize
or expand section 3 business concerns, including micro-enterprises. Such opportunities
include, but are not limited to the formation of section 3 joint ventures, financial
support for affiliating with franchise development, use of labor only contracts for
building trades, purchase of supplies and materials from housing authority resident-
owned businesses, purchase of materials and supplies from PHA resident-owned
businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA
resident-owned businesses. A recipient or contractor may employ these methods
directly or may provide incentives to non-section 3 businesses to utilize such methods
to provide other economic opportunities to low-income persons.
(2) A section 3 joint venture means an association of business concerns, one of which
qualifies as a section 3 business concern, formed by written joint venture agreement to
engage in and carry out a specific business venture for which purpose the business
concerns combine their efforts, resources, and skills for joint profit, but not necessarily
on a continuing or permanent basis for conducting business generally, and for which
the section 3 business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and holds
management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Subpart C [Reserved]
FEDERAL REQUIREMENTS: FR-16
Exhibit "B"
AFFIRMATIVE ACTION REGULATIONS AND PLAN
An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all
subcontractors who have subcontracts of $10,000 or more on the project. These must
be displayed on the project bulletin board or posted on site for employee view and
must include the percentage of AAP goals.
Exhibit "B"
FEDERAL REQUIREMENTS: FR-17
WOMEN AND MINORITY OWNED BUSINESSES (M/WBE)
The Contractor will do the best efforts to afford small business (Section 3 (a) of the
Small Business Act), minority businesses enterprises and women business enterprises
(51% + owned or controlled by minority group members or women) the maximum
practicable opportunity to participate in the performance of this project.
Exhibit "B"
FEDERAL REQUIREMENTS: FR-18
ACCESSIBILITY SECTION 504 COMPLIANCE
CDBG regulations require adherence to the following regulations: Americans with
Disabilities Act (ADA) removal of architectural and communications barriers. Section
504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted
programs on the basis of disability.
Exhibit "B"
FEDERAL REQUIREMENTS: FR-19
TEXAS ARCHITECTURAL BARRIERS ACT
Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this
chapter is to ensure that each building and facility subject to this chapter is accessible
to and functional for persons with disabilities without causing the loss of function,
space, or facilities. A State compliance certificate will be required at completion of
project construction for contracts $50,000 and above; the contractor shall strictly
adhere to the construction approved drawings and specifications to accomplish final
Certification from the Texas Department of Licensing and Regulations (TDLR.)
Exhibit "B"
FEDERAL REQUIREMENTS: FR-20
DRUG-FREE WORKPLACE REQUIREMENTS
The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of
federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free
workplaces. Each potential recipient must certify that it will comply with drug-free workplace
requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
Exhibit T"
FEDERAL REQUIREMENTS: FR-21
FIELD REQUIREMENTS
TO BE POSTED:
All posting documents must be placed in a visible location at the job site on a notice board:
Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the
job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans
when applicable.
Davis-Bacon Prevailinq Wage Rates: The Contractor shall display in a visible location at
the job site on a notice board for employee viewing the Federal Wage Rates that apply to
each Individual type of project.
HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in
a visible location at the job site on a notice board the requirements of Davis- Bacon,
Copeland, and Contract Work Hours and Safety Standards Acts.
Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low
and Very-Low Income Persons. Information pertaining to this notice must be placed in a
visible location at the job site on a notice board.
Executive Order 112461: The Contractor must place in a visible location at the job site on
a notice board requirements that set forth the anti-discrimination policy for this project. Parts
II & III of this Executive Order are applicable along with Executive Order 11375 concerning
employment discrimination on the basis of race, color, sex, religion and national origin.
CDBG Project Siqn: Project Sign: Contractors responsible to install in a visible location
as selected by the City, a CDBG Project Sign prior to commencement of construction.
Dimensions and design is attached. The field location will be determined prior to work
start.
Compliance Affidavit: The Contractor must sign and return the attached affidavit to the
City prior to beginning work on the project.
Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite.
Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and
return this waiver with each request for payment.
Exhibit "B"
CDBG
PROJECT SIGN
8
Red
PROJECT
R Background
Project Address White Letters
CITY OF
White Background
Community Development Block Grant (CDBG)
Black Letters
U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
CDBG FUNDS: $ Total Project Cost:
Blue Background
• •
White Letters
Phone •_
4'
3'6"
Contractor to locate sign where it is most visible to the public and as approved by City
Sign is made from a 4 feet x 8 feet sheet of W plywood.
Sign should be posted at a minimum of than 3' 6" high from ground level.
Exhibit T"
"General Decision Number: TX20210007 01/01/2021
Superseded General Decision Number: TX20200007
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,
Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall,
Lampasas, McLennan, Medina, Robertson, Travis, Williamson and
Wilson Counties in Texas.
HEAVY (excluding tunnels and dams, not to be used for work on
Sewage or Water Treatment Plants or Lift / Pump Stations in
Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY
Construction Projects
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.95 for calendar year 2021 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate) . The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Exhibit "B"
Modification Number Publication Date
0 01/01/2021
* SUTX2011-006 08/03/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures) . . . . . . . . . . . . . . . . . . . . . .$ 12.56
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 26.35
FORM BUILDER/FORM SETTER
Paving & Curb. . . . . . . . . . . . . . .$ 12.94
Structures. . . . . . . . . . . . . . . . . .$ 12.87
LABORER
Asphalt Raker. . . . . . . . . . . . . . .$ 12.12
Flagger. . . . . . . . . . . . . . . . . . . . .$ 9.45
Laborer, Common. . . . . . . . . . . . .$ 10.50
Laborer, Utility. . . . . . . . . . . .$ 12.27
Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79
Work Zone Barricade
Servicer. . . . . . . . . . . . . . . . . . . .$ 11.85
PAINTER (Structures) . . . . . . . . . . . . .$ 18.34
POWER EQUIPMENT OPERATOR:
Agricultural Tractor. . . . . . . .$ 12.69
Asphalt Distributor. . . . . . . . .$ 15.55
Asphalt Paving Machine. . . . . .$ 14.36
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . .$ 11.04
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48
Crane, Hydraulic 80 tons
or less. . . . . . . . . . . . . . . . . . . . .$ 18.36
Crane, Lattice Boom 80
tons or less. . . . . . . . . . . . . . . .$ 15.87
Crane, Lattice Boom over
80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15.67
Directional Drilling
Locator. . . . . . . . . . . . . . . . . . . . .$ 11.67
Directional Drilling
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 50,000 lbs or
Exhibit "B"
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88
Excavator over 50,000 lbs. . .$ 17.71
Foundation Drill, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16.93
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04
Front End Loader, Over 3 CY.$ 13.21
Loader/Backhoe. . . . . . . . . . . . . .$ 14.12
Mechanic. . . . . . . . . . . . . . . . . . . .$ 17.10
Milling Machine. . . . . . . . . . . . .$ 14.18
Motor Grader, Fine Grade. . . .$ 18.51
Motor Grader, Rough. . . . . . . . .$ 14.63
Pavement Marking Machine. . . .$ 19.17
Reclaimer/Pulverizer. . . . . . . .$ 12.88
Roller, Asphalt. . . . . . . . . . . . .$ 12.78
Roller, Other. . . . . . . . . . . . . . .$ 10.50
Scraper. . . . . . . . . . . . . . . . . . . . .$ 12.27
Spreader Box. . . . . . . . . . . . . . . .$ 14.04
Trenching Machine, Heavy. . . .$ 18.48
Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51
Steel Worker
Reinforcing. . . . . . . . . . . . . . . . .$ 14.00
Structural. . . . . . . . . . . . . . . . . .$ 19.29
TRAFFIC SIGNAL INSTALLER
Traffic Signal/Light Pole
Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.00
TRUCK DRIVER
Lowboy-Float. . . . . . . . . . . . . . . .$ 15.66
Off Road Hauler. . . . . . . . . . . . .$ 11.88
Single Axle. . . . . . . . . . . . . . . . .$ 11.79
Single or Tandem Axle Dump
Truck. . . . . . . . . . . . . . . . . . . . . . .$ 11.68
Tandem Axle Tractor w/Semi
Trailer. . . . . . . . . . . . . . . . . . . . .$ 12.81
WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.97
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
--------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
Exhibit "B"
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
'"UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
Exhibit "B"
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
Exhibit "B"
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
Exhibit "B"
END OF GENERAL DECISION
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-759248
Tolar Manufacturing Company, Inc
Corona, CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/28/2021
being filed.
City of Round Rock Date Acknowledged:
06/04/2021
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000 South Mays Bus Shelter
Bus Shelters
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Tolar, Gary Corona, CA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a
I
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of l
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2021-759248
Tolar Manufacturing Company, Inc
Corona, CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/28/2021
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000 South Mays Bus Shelter
Bus Shelters
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Tolar, Gary Corona,CA United States X
I
i
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is SCOff Williams and my date of birth is _
I
Myaddressis 258 Mariah Circle Corona CA 91739 USA
i
— 1
(street) (city) (state) (zip p code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Riverside County, state of California on the 28t�ay of May 20 21
(month) (year)
ature of au z d agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version Vl.l.ceffd98a