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R-00-09-28-9C9 - 9/28/2000
WHEREAS, the City of Round Rock has duly advertised for bids for the Georgetown Street, Austin Avenue, Black Street, Lewis Street and Spring Street Sidewalk Improvements project, and WHEREAS, Dayco Construction Co. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Dayco Construction Co., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dayco Construction Co., for the Georgetown Street, Austin Avenue, Black Street, Lewis Street and Spring Street Sidewalk Improvements project, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATT T: RESOLVED this 28th day of Sep Wi.A/ JO E LAND, City Secretary R: \WPDOCS \RESOLUTI \R00928C9 .WPU /sc RESOLUTION NO. R- 00- 09- 28 -9C9 4 11) 11. 2000., C,/ % % ROT A. STLUKA, R JR / Mayor City of Round Rock, Texas EXIST. SIDEWALK PROP. SIDEWALK ISSUE DATE: AUG. 2000 REVISIONS SCALE: 1"=400' CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT OVERALL LAYOUT GEORGETOWN - SIDEWALK.OWC BY: RSH \City Construction Projects\ 2000 \Sidewalks \SOUTHEAST\ GEORGETOWN STREET\georgetown- sidewalk.dwg, 09/12/00 12:21:13 PM, plot by:RSH THE CITY OF ROUND ROCK 5 . ; 'O BIDS EXTENDED p p D�ANIEL LYNN HALDEN 1 PUBLIC WORKS DEPARTMENT DANIEL e t-p ' 63225 �,® 2008 Enterprise Dr. Co 4., .. :4$, TEP� 4, a BY : Round Rock, Texas. 78664 �e ®SS off . ..° °'`zap (512)218 - 5555 DATE : ‘" ' BID TABULATION SHEET AND CHECKED Ruth Haberman/Kumar 9/12/00 1 of 2 CONTRACT : GEORGETOWN STREET, AUSTIN AVENUE, STREET SIDEWALK IMPROVEMENTS BLACK STREET, LEWIS STREET AND SPRING LOCATION : City Council Chambers Dayco Construction Co. Bid Bond? Yes Muniz Concrete & Contracting Bid Bond? Yes Garcia Construction Bid Bond? Yes DATE: 9/12/00, 2:00 p.m. ITEM UNIT APPROX. QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. Four inch (4 ") thick concrete sidewalk SF 14,324 $2.800 $40,107.20 $2.95 $42,255.80 $3.00 $42,972.00 2. Sidewalk pedestrian ramp EA 34 $300.00 $10,200.00 $450.00 $15,300.00 $750.00 $25,500.00 3. Saw cut, remove and replace 6" curb, gutter and asphalt pavement LF 185 $23.00 $4,255.00 $34.60 $6,401.00 $20.00 $3,700.00 4. Reconstruct existing concrete driveway, including removal of existing concrete EA 3 $1,700.00 $5,100.00 $675.00 $2,025.00 $540.00 $1,620.00 5. Construct concrete rip -rap SF 150 $3.75 $562.50 $5.75 $862.50 $5.00 $750.00 6. Construct galvanized handrail LF 30 $90.00 $2,700.00 $25.00 $750.00 $50.00 $1,500.00 7. 8" PVC Sch.40 pipe LF 30 $40.00 $1,200.00 $49.00 $1,470.00 $15.00 $450.00 8.Reflectorized Thermoplastic pavement markings for lane striping and pedestrian crosswalks LS 1 $3,210.00 $3,210.00 $2,600.00 $2,600.00 $3,500.00 $3,500.00 9. Restoration and Revegetation of' disturbed areas LF 3,581 $0.50 $1,790.50 $1.75 $6,266.75 ** $0.98 $3,500.00 TOTAL: * $69,125.20 $77,931.05 $83,492.00 gtownsidewalk bidtab.xls/dh/lk * Adjusted upon extension of bids ** Interpreted unit price upon extension of bids THE CITY OF ROUND ROCK : •� ^ ^••••• •• ••••�•_• ' � BIDS EXTENDED A AND CHECKED 9/12/00 of 2 CONTRACT GEORGETOWN STREET, A AUSTIN G BLACK STREET, LEWIS STREET AND SPRING S LOCATION : City Council Chambers M Manley Construction A Austin Bridge and Road DATE: 9/12/00, 2:00 p.m. ITEM U UNIT Q APPROX. U UNIT U COST P UNIT U COST P UNIT COST 1. Four inch (4 ") thick concrete sidewalk S SF 1 14,324 $ $5.50 $ $78,782.00 $ $5.00 $ $71,620.00 2. Sidewalk pedestrian ramp E EA 3 34 $ $500.00 $ $17,000.00 $ $1,000.00 $ $34,000.00 3. Saw cut, remove and replace 6" curb, gutter and asphalt pavement LF 1 185 $ $40.00 $ $7,400.00 $ $52.00 5 59,620.00 4. Reconstruct existing concrete driveway, including removal of existing concrete EA 3 3 5 51,500.00 $ $4,500.00 $ $2,200.00 5 56,600.00 5. Construct concrete rip -rap S SF 1 150 $ $8.00 $ $1,200.00 $ $8.00 $ $1,200.00 6. Construct galvanized handrail L LF 3 30 $ $100.00 $ $3,000.00 $ $100.00 $ $3,000.00 7. 8" PVC Sch.40 pipe L LF 3 30 $ $20.00 $ $600.00 $ $7.00 $ $210.00 8.Reflectorized Thermoplastic pavement markings for lane striping and pedestrian crosswalks L LS 1 1 $ $4,000.00 $ $4,000.00 $ $4,600.00 $ $4,600.00 9. Restoration and Revegetation of disturbed areas L LF 3 3,581 $ $2.00 $ $7,162.00 $ $7.00 $ $25,067.00 TOTAL: 5 5123,644.00 5 5155,917.00 ' '` • s 117r3oO gtownsidewalk bidtab.xls/dh/lk DATE: September 22, 2000 SUBJECT: City Council Meeting — 7:00 p.m. ITEM: 9.C.9. Consider a resolution authorizing the Mayor to execute a contract with Dayco Construction Co. for the Georgetown Street, Austin Avenue, Black Street, Lewis Street and Spring Street Sidewalk Improvements Project. The proposed Georgetown Street, Austin Avenue, Black Street, Lewis Street and Spring Street Sidewalk Improvements consists of sidewalk along Georgetown Street from U.S. Hwy. 79 to Austin Avenue, along Austin Avenue from Georgetown Street to Lewis Street, along Lewis Street to Spring Street and along a portion of Spring Street to meet existing sidewallc and along Black Street from Austin Avenue to Main Street. These sidewalks will improve access from neighborhoods in the area to local schools and parks. This project is being federally funded by CDBG. On September 12, 2000, five bids were opened for the project. Dayco Construction Co submitted the lowest and best bid. Staff recommends awarding the contract to Dayco Construction Co. in the amount of $ 69,125.20. Staff Resource Person: Jim Nuse, Public Works Director. CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS SEPTEMBER, 2000 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS R- oo- M- ag-qcq CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS SEPTEMBER, 2000 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans, Details and Notes 8.0 Labor Standards Compliance \\Pubwrksgis \GISMain\City Project s■2000 \Sidewalks \SOUTHEASTgcorgclown\Contract Documents \georgetown sidewalk toc.dcc 1.0 NOTICE TO BIDDERS 1 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS will be received until September 12, 2000 at 2:00 p.m., then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed bid for GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning August 22, 2000 for a non - refundable charge of $ 20.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader: Austin American Statesman: August 21, 2000 August 28, 2000 August 28, 2000 noticebd/spec.master NB -1 1 1 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms fumished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby biddoc.msUspec BD-1 promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one- hundred percent (100%) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall biddoc.msuspec BD -2 become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be b;ddoc.msuspec BD -3 made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.mst/spec BD -4 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the CITY OF ROUND ROCK hereinafter referred to as the "OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the GEORGETOWN STREET, AUSTIN AVENUE. BLACK STREET. LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS for which bids are to be opened at the office of the OWNER on NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) biddoc.msUspec BD -5 rlT HARTFORD Bid Bond Surety Department Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, Dayco Construction Co as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock as Obligee, hereinafter called the Obligee, m the sum of Five Percent of Maximum Amount of Bid Dollars ($ 5% of Bid ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Sidewalk Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of September. D. 2000 Witness of h 1i ,d„a1) (If Coryormion) (Approved by the American Institute of Architects, A.I.A. Document No. A -310, 1970 Edition) Form 5- 3266 -4 Printed in U.S.A. 12 -70 By Dayco Construction Co (Principal) itle) Hartford Fire Insurance Co. By Mary Pierce (SEAL) (SEAL) (SEAL) ;SEAL) Attorney -in -Fact (Title) (SEAL) HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office In the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint G A. SCHU7ZS /R STEVE SCHUIZE, JAMS W1NKLER andMARYPIERCE of AUS77N, TEXAS its true and lawful Atomay(s)- in•Fact, with hdl power end authority to each of said Atomey(s}inFad, in their separate capacity I more than one is named above, to sign, execute and acknowledge any and all bonds and undertaldngs and other writings obligatory in the nature thereof on behalf of the Company in its bueineas of guaranteeing the fide8ty of persons holding places of public or private Mist; guaranteeng the performance of contacts other than Insurance palsies; guaranteeing the performance of insurance oonlrecs where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted In all adorns or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the 'erne extent as if 5000 bonds and undertakings and other writings obligatory to the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY end sealed and attested by one other of such Officers, and hereby ratites and confirms all that is said Attorney(s)-in-Fact may do In pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -laws adopted by the Sloddalders dthe HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9181 day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice- Pheaiden, acting with any Secretary or alabitant Sweater/. shall have power and authority to appoint, for purposes any at emphtr 9 and attesting bonds and undaakings and other wmbgs obligatory In the nature thereof, one or met Resider Vice Prasidardt, Resident ApNW8 Secretaries and AlbmeyadrvFad and al any time to rernave any such Re8Me0 Ype- Preident, ResidoM Assistant Seoehry, or Allonrydo-Fact, and woke the power and aethorty given to hen. SECTION 11. Atbnwys 010.1 have power and authority, amJed ate here and arnilaticns or the power a attorney bawd b than, to execute and delver on behalf of the Company are to streak to sea a fie comm./ tHreo arty and at 6wrds and undaak'gu, and athar writings obligatory In the nmaa thereof, and any such Instrument executed by any such Attorney-in-Fact shad be as hirhds 0 upon the Company es It signed by an Executive Mow and sealed and creed by one other of such Officers. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called end held on the 12th day of February, 1993. arrow, that ao Wnaae0 a etch 0111rn and ore awl at dW Company her ea aSamd r any wet power of allow' or to any oedamr Wrap toter by haenae, and ay era pews a stenWY Or pees* !wing sea h®rae egnaaxm or bangle seat MH be wid and binding upon to Comm sod ay adh pow' ore awonhe,8 shat araeed br,00.018181 ebwexe a.d mrie esa atme or wed e1d 1:168* Mon to Cwrouy n Ma Haim em Nsowt a any bond or wgmmse in worn a alrmrd. In Mass Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by is Vice - President, and Ite corporate seal to be hereto aIRxed, duly attested by Its Secretary, tide 1st day of May, 1995. Melt fedhad R Sbanunon STATE OF CONNECTICUT I Paul L Marche COUNTY OF HARTFORD y - Vice On this 1st day of May, AD. 1995, before me personally came Paul L Marabelta, to me known, who being by me duly sworn, did depose end trey: that he resides M the County of Hartford, State of Connecticut that he to the Vice - President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described to and which executed the above Instrument that he knows the seal of the said corporation; that the cal e1Pored tip the saki inetument Is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed Ns name thereto by Hke order. STATE OF CONNECTICUT COUNTY OF HARTFORD Form 1:35074 80.1 Primed in t.S.& Saaeay CERTIFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set font In the Power of Attorney, are now M force. Signed and sealed et the City of Hartford. Dated the 1 2TH da of SEPTEMBER - )( 2000 HARTFORD FIRE INSURANCE COMPANY (/ ,saeuam� Nobly Rod% 080 Comeisslon E.wh.wl Jun 30.190' 1800 L Post Seaway 1 I B NAME: 1 OB LOCATION: IWNER: •ATE: f entlemen: 1 1 1 2. 34 1 1 1 t iddoc.msUspec 1 PROPOSAL BIDDING SHEET GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS Round Rock, Williamson County, Texas City of Round Rock, Texas September, 2000 Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder .ereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, ls, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction G EORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING TREET SIDEWALK IMPROVEMENTS and binds himself on acceptance of this proposal to execute contract and bond for completing said project within the time stated, for the following prices, to wit: BASE BID L id Item Description Unit tem Quantity Unit and Written Unit Price Price Amount 1. 14,324 SF Four inch (4 ") thick concrete sidewalk, complete in place per Square Foot. for' t Aso dollars and ctlirtj., cents. $ ,1. $ yo, /o7 EA Sidewalk pedestrian ramp, complete in place, per Each for .-ce. k J 9 dollars and /to cents. $ Sop .C1)- $ /o 2 P' BD -6 ' Bid Item Description Unit tem Ouantity Unit and Written Unit Price Price Amount 13 185 LF Saw cut, remove and replace 6" curb, gutter and asphalt pavement complete in place, 1 per Linear Foot for -( - ur.- dollars and A , cents. $ 23 ... $ 9.25 1 L . 3 EA Reconstruct existing concrete driveway, including removal of existing concrete, complete in 1 place, per Each 1 15. 1 1 6. 1 1 1 1 150 SF Construct concrete rip -rap, complete in place, per Square Foot for A-e. dollars 7s and - $ 3. $ sea. P 30 LF Construct galvanized handrail, complete in place, per Linear Foot. 1 for d ,,.i y dollars and rt„ cents. 1 7. 30 LF 8" PVC Sch.40 pipe, • complete in place, 1 per Linear Foot. biddoc.mst/spee BD - for puz°A- Qto.ba„ dollars and &O cents. $ l7ov. $ Sl[x7 'sue $ p $ 27no• for c'oc - lyy dollars and N p cents. $ Ito • $ / 60 . OP– 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 LS Reflectorized Thermoplastic pavement markings for lane striping and pedestrian crosswalks, complete in place, per Lump Sum d-4so �1 rt d�c•� 4- r v� for-t-'- i as is J dollars and i'Lb cents. $ V/0 • $ 32 lb 3581 LF Restoration and Revegetation of disturbed areas, complete in place, per Linear Foot. for /LP dollars and cents. $ D ' $ /7 522- 'TOTAL BASE BID (Items 1 thru 9): STATEMENT OF SEPARATE CHARGES: Materials: All Other Charges: *Total: 1 *Note: Total must equal amount shown for Total Base Bid above. Note: This is a federally- funded project. Davis -Bacon Determination of Prevailing Wage Rates will 1 apply to this project. Labor Standards documentation will be required. General information and forms are included in Section 8.0 of this Plans, Specifications and Contract Documents package. For additional information and assistance contact Mona Ryan, Community Development Coordinator for the City of Round Rock at 218 -5416 or e-mail at mona@round-rock.tx.us. I biddoc.msUspec BD -8 $ .- $4I4 6o`l, 'this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds i d insurance certification as per the Instructions to Bidders and commence work within ten (10) days a er written Notice to Proceed. The undersigned further agrees to complete the work in full within r ty (60) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are "brained as correct and final. The Owner reserves the right to reject any or all bids and may waive any %formalities. I espectfully Submitted, Eor7 ;a /v`- ( 1 ri nt Name I �IPS� it" Title for 1 -A/Co Ci.usrA4'cT,an. Name of Finn 1 c7.. /2. 1 1 1 1 1 1 1 biddoc.msNspec 1 ignature fate BD -9 aR9 D,05_54 -u 4s77/17/ 7 7f7 Address 777 Telephone /1 cretary, if Corporation ontractor is a 3.0 POST BID DOCUMENTS THE STATE OF TEXAS postbid.mst/sps master COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this o( day of , 2000 , by and between (Owner) City of Round Rock, Texas of the Sta a of Texas, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) f'pf;a M. nay of pnyca a sizvcrior/d , County of 7T ,,, , and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within sixty (60) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. PBD -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS (OWNER) ATTEST: Mayor Corporate Seal postbid.mstisps master Signed: PBD -2 DA y co Qu5fRucr2aj/ a. (CONTRACTOR) BY: O&arq ;a, A4 . aay (Printed Name) frt6weaf (Title) A I EST: ecretary, if Contractor is a Corporation or otherwise registered with the Secretary of State (The following to be executed if the Contractor is a Corporation.) I, Otorgia M. buy , certify that I am the Secretary of the Corporation named as Contractor herein; that C- ✓yore a M. Oay , who signed this Contract on behalf of the Contractor was then p reStdeu_t' (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.mstfspe master PERFORMANCE BOND PBD -3 1 6J619 36/9 KNOW ALL MEN Y TH SE PRESENTS: That ,� • ><;on of the City of i County of fro, /; h , and State of / , as Principal, and . /4,- authorized under the law of the State of Texas to act as surety on bonds for principals, are held and f ound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of //le �d /Y y /4//r fI ),' 4 - arks- a1- dollars ($ 6Q / ?2d ) for e payment whereof, well and trul to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 9 -ifi day of to�z ,- , 20pD to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety /� have sig ed and sealed this instrument this /J -/h CX 2000 . - /� / / / / f%�E 7fit) (o - e1i -inn l� //67/14 - Zliara�e€ 6 Prindpal Surety (� By: /� 1 . By: Title / °e /9 a..., ,,1 Address / f L67 J G4... Ix -7-67.5z,/ / i'fkp� C. / Resident Agent of Surety: Printed Name )�o. A0/ 344/ Address (L...//) —6( 7 87 City, State & Zip Code Signature postbid.mst/spa: master PBD -4 day of ,6 6Fr- AO ore/ /ErCC �ffni�E�/ -:n Title / , Jzr ord ` /Ga�C. Addres D 6//5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1' 1 i THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND _4 5/ .. KNOW ALL MEN BY THESE PRESENTS: That / iy y c n LI/7.S i`% n a , of the City of , County of �rgr/6 , and State of j E �j� as Principal, and 4, lire authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall h a v e gle r i g h t to sue upAn this bond, in the penal sum of �ne /��. n/6x? / �c✓7 4 y tje,c( -04. Dollars ($ �9 � �26 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the Q45 day of 6!'.{ e/' , 20pd, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.mstlspa: master PBD -5 T POWER OF ATTORNEY Knorr nIl men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having Is principal office to the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint C. A. SCHII/ZE' JR., STEVE' SCHU7ZA JANLS WA7CLER and MARY PIERCE of AUSTIN, 777i'AS Ito true and lawful Attomey(s)-hr -Fact, with full power and authority to each of said Attomey(s) -in -Fact, In their separate capacity if more than one is named above, to sign, execute and acknowledge any end at bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company to as business of guaranteeing the fidelity of persons holding places of public or private trust guaranteeing the performance of contracts other than Insurance policies; guaranteeing the performance of insurance cenbads where surety bonds are accepted by states and mslcpettles, and executing or guaranteeing bonds end imdeiteldnge required or permitted In et actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same ardent as I such bonds and undertakings and other writings oblgatory In the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratites and confirms all that is said Atomey(s) -bh -Fact may do In pursuance hereof. This power of attorney Is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duty called and held on the 9th day of March, 1971. ARTICLE IV SECTION & The President or any Viee- Prasktem, edeg with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of exsdhtng and atanding bonds end undertakings and other wrtags obligatory In the reran thereof, one or more Reakient Vine Pnmldmda, ambient Assistant Secermles and Atomays.ln-Fact and at any lima to remove any such Resaem Vks-Presiderd, Resident Assistant Secretary, or Attenney-In -Faq and revoke the power end authority given to ban. SECTION 11. Attorneys-En-Fad shag have power and authority, eub)eat to the terms and lmtatore of the Poway of attorney Issued to them, to exaorte and delver on temv of the Company and to caliph the seal of the Company thereto sty and all bonds end undertakings, and other walrus obligatory In the nave therein, and any such bhffitmmht eddded by any ouch AcOmey- Im-Fad shell be as boding upon the Company as t signed by an Executive ORhar and sealed and attested by one other manah Means. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Dbeclars of the HARTFORD FIRE INSURANCE COMPANY at a nmethrg duly called and held on the 12th day of February, 1993. Resolved, rest ae signotres of such Moos oat es herb M to Cmsay nay on ammo to any .M peer or reran ar to any wain:ate waxing taws by SesMHe,end shy m A pawl otatarey or rem searing moth err a sigrempes or fsdnto seal Man to vast are phoOrg tom to Correlate and any mob pawn se ,seared hhnd carom tin dxalmm ears/ores end Scares seal Meg be rem end hakes rare re comm./ hn ea alive len reap. to my oust or emanating to whim a memo. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused Irene presents to be signed by its Vice- President, and Its corporate seal to be hereto ate, duly etested by Its Secretary, this 1st day of May, 1995. Attestt /T /' HARTFORD FIRE INSURANCE COMPANY —a€J2 4:10 �41MGrfits■ Resod R Hamammt &mazy STATE OF CONNECTICUT COUNTY OF HARTFORD fn STATE OF CONNECTICUT COUNTY OF HARTFORD 1 Farm S1507.9 We) Printed In USA HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut Signed and sealed at the City of Hartford, On this 1st day of May, AD. 1995, before me pereonegy come Paul L Marabella, to known, who being by me duly seam, did depose and say: that he resides In the County of Hartford, State of Connecticut that he Is the Vice- President of the HARTFORD FIRE INSURANCE COMPANY, the corporation deserted In and which executed the above Instrument that he knows the seal of the said corporation: that the seal affixed to the said Instrument Is such corporate seal: that It was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by the order. Paul L Marebeta Vice- Preaddent .heaz W oawax Notasy Alba, ivy Conan Comma, hve SO. 1689 CERTIFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and eltec ed POWER OF ATTORNEY remains In full force and has not been revoked; and furthermore, that the Resolutions of the Bind of Directors, set forth In the Power of Attorney, are now In force. Dated the 11th day of October ,PL/ eaher L Poo ROC 2000 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said_Pripci al and Surety have signed and sealed this Instrument this i/- 4 day of /kid 4 , 2l)Q2. �rPS�de� Title /28/9 .1)°,162 -7 al Address Addres 9(9751 CST a‘//5 Resident Agent of Surety: Printed Name 4c y Via. A)e 3- Address d l X '2 y City, State & Zip Code postbid.mst/spc master PBD -6 lArK/'disiga6a CERTIFICATE OF LIABILITY INSURANCE PRODUCER TIMBERLINE INSURANCE SERVICES P.O. BOX 2083 AUSTIN, TX 78768 -2083 INSURED DAYCO CONSTRUCTION CO. D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE GENERAL LIABILITY A A A AUTOMOBILE UABILITY EXCESS LIABILITY OTHER TP0020861000 06/13/00 BTA205427 06/13/00 C 5 2, 000,00 0 5 2 ,000,00 0 WORKERS' COMPtNSAT1ON A ND 1 MPWYERS LIABILITY STATUTORY OMITS A BWC8000465 06/13/00 06/13/01 BXS202963 06/13/00 06/13/01 ARBOATE DF$CRIY1'ION OF OPERATIONS/LUCATIONSNEI ECU S/M.1:c[AL ITEMSIEXCEEr(ONS COMPANIES AFFORDING COVERAGE A HIGHLANDS INSURANCE COMP. B LIMITS GENE.ALAGGR(t(JATE 5 2,000,000 06 /13 / 01 PRODUCrs caotPaRt AGG. 5 2, 0 00 , 0 00 PERSONAL 4. AD V. INJURY 5 1, 0 00 , 0 00 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (Any otm fire) 5 5 0, 0 00 MED. EXPENSE (Any one person) 5 5,000 Dom 10/12/00 ■ COMBINED Stt4GLE $ 1,000,000 06/ 13 / 0 1 BODILY INJURY (Per person) $ acONLY INBJRY (Per= Went) 5 PROPERTY DAMAGE 5 EACH OCCURRENCE EACH ACCIDENT 5 500,000 DISEASE - POLICY UMR 5 500,000 DISEASE - EACH EMPLOYEE s 500,000 The City or Round Rock is named as additional insured with respect to all policies except Workers' Cumpensadon and Employera' Liab(ISty. Should any of the above described policies by cancelled or changed before the expiration date thereoG the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Roc(, Texa• 78664 aim: Joanne Land posteld.mst/ pa tmstte PBD -7 SIGNATURE • AUTHORIZED REPRESENTATI C VI Name: JIM SAMMONS � 5tle: VT CF, PRESIDENT CERTIFICATE OF LIABILITY INSURANCE Date: PRODUCER COMPANIES AFFORDING COVERAGE A B INSURED C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS LIABILITY OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: postbid.msUspre master City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land PBD -7 GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGO. $ PERSONAL &ADV. INJURY S EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT S DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE S The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Title: WARRANTY BOND BOND NUMBER '',S S/3 /3 /9 AMOUNT Y q/e,Si. KNOW ADEN BY THESE JRESE TS, That we, z}2,./Z) dD/2.�7`/uG 0/7 Co (hereinafter called the "Principal ") as Principal, and the —.Or �i . � a Corporation duly organized under the laws of the State of r i i and duly licensed to transact business in the State of /A )0 (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, T XA (hereinafter called the "Obligee"), .yy in / �the sum of c/ Al , d-/d/9d. �/Gic/A ' / ))/)/. Add 20 %. dollars ($ 6 9, / ?5.20 ) for the payment of which sum w and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. / Sealed with our seals and dated this // -7A day of (Q�¢40--, A.D. nineteen hundred and cA/00 . WHEREAS, the sa)ayd Principal hw herretofo entered into a contract with / Principal ev 77 Dated q (h,z 6 2000 , for construction of: GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of 6/7L year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of 4/)e,.. year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas pastbid.mstlspa: master PBD -8 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. D a, (nn.S i' -ten & Principal Surety By :� O 4eeidef Title /68/q Aiic -(4 Address i) /x 78 Resident Agent of Surety: Printed Name f �D. /J6)( X5 9 Address (24) , s 1ii`n 2 787 City, State & Zip Code postbid.mstrsps master Title PBD -9 f 7/, -7 0 7 /6 —dry �isra oC� C o By: l L �� C-C-i /99a,- fhr/ J Za. Address re / /y 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry gencond.mst/spec master General Conditions of Agreement GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mst/spec master GC -2 1 6. Extra Work and Claims 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mst/spec master GC -3 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Sub- Subcontractor General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mst/spec master GC -4 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.mst/spec master GC -5 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, fine or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. gencond.mst/spec master GC -6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information gencond.mst/spec master GC -7 concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. gencond.mst/spec master GC -8 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in gencond.mst/spec master GC - conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be bome by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. gencond.msdspec master GC -10 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and gencond.mst/spec master GC -11 properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be retumed to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by gencond.mstispec master GC - City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. gencond.mst/spec master GC - In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (10O %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or gencond.mstispec master GC - growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance gencond.mst/spec master GC -15 therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give gencond.mst/spec master GC -16 directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. gencond.mst/spec master GC -17 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: Certificate of coverage ("certificate") - a copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in 4 406,096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all employees of the Contractor providing services on the project, for the duration of the project. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation gencond.mstlspec master GC - (b) coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY." The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the govemmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), gencond.mst/spec master GC -19 provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage penod shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, and/or other civil actions. (b) (c) (g) gencond.mstispec master GC -20 for all of its employees providing services on the project, for the duration of the project; The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above- mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations gencond.mst/spec master GC - satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. gencond.mst/spec master GC -22 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 gencond.mst/spec master GC -23 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. gencond.mst/spec master GC - 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually famished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20%) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the gencond.mst/spec master GC - proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. gencond.mst/spec master GC -26 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from Toss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. Other causes affecting the performance of the contract. g) When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. gencond.mst/spec master GC -27 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. gencond.mst/spec master GC - 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's camp or field office must be maintained primarily on gencond.mstlspec master GC - account of such extra work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. gencond.mstlspec master GC -30 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: gencond.mst/spec master (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to GC -31 what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices gencond.mst/spec master GC -32 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 • 1 1 • stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said fmal statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased gencond.mst/spec master GC -33 by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: gencond.mst/spec master (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. GC -34 If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy gencond.mstlspec master GC -35 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and (3) gencond.mst/spec master other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary GC -36 for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting gencond.mstlspec master GC -37 All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. 11. Termination 11.01 - Termination by Owner for Cause operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. Conditions for termination are as follows: 12. Without prejudice to any other legal or equitable right or remedy which it would otherwise possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5) days prior written notice to terminate this contract in its entirety at any time: 1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the subject of an involuntary petition for bankruptcy commenced by its creditors, makes a general assignment for the benefit of creditors or becomes the subject of any other proceeding commenced under any statute or law for the relief of debtors; or 2. If a receiver trustee or liquidator of any of the property or income of Contractor gencond.mst/spec master GC - shall be appointed; or 3. If Contractor: 1. Shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; and Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 4. If Contractor: 1. Shall fail for any reason other than the failure by City to make payments called upon when due, and 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor: 1. Shall commit a substantial default under any of the teens, provisions, conditions, or covenants contained herein; or 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3. In the event of such termination, Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further fixed fee payments hereunder and shall be further subject to any claim City may have against Contractor under other provisions of this agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and/or fixed fee. 13. If this Contract is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, City shall be entitled to take possession of and use such equipment and materials as may be on the job site, and to exercise all rights, options, and privileges of Contractor under its subcontracts, purchase orders, or otherwise; and Contractor shall promptly assign such rights, options and privileges to City. If City elects to complete the work itself or by others, pursuant to the foregoing, the City will reimburse City for all costs incurred by City (including, without limitation, applicable, general, and administrative expenses, and field overhead, and the cost of necessary equipment, materials, and field labor) in correcting work by Contractor which fails to meet contract requirements. Nothing contained in the preceeding sections shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Contractor when Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Contractor is in default, including the right to bring legal action for damages or to force specific performance of this Contract. 11.02- Termination for Convenience In connection with the work outlined in the Contract, it is agreed and fully understood by Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of City, upon gencond.mstlspec master GC -39 fifteen (15) days written notice to Contractor, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Contractor shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. After receipt of a notice of termination and acceptance otherwise directed by City, Contractor shall, in good faith, and to the best of his ability, do all things necessary, in the light of such notice and of such request and implementation thereof as City may make to assure the efficient proper closeout of the terminated work (including the protection of City property). Among other things, the Contractor shall, except as otherwise directed or approved by City: 1. Stop the work on the date and to the extent specified in the notice of termination. 2. Place no further orders for subcontracts for services, equipment or materials, except as may be necessary for completion of such portion of the work as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. 4. Assign to City, in the manner and to the extent directed by it, al right title, and interest of Contractor under the orders or subcontracts so terminated; in which case, City shall have the right to settle or pay any or all claims arising out of such termination of such orders and/or subcontracts. 5. With the approval of City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should City subsequently contract with a new contractor for continuation of services under this Project, Contractor shall cooperate in providing information. 7. In the event of such termination, no cost incurred after the effective date of the notice of termination shall be treated as reimbursable costs unless it relates to carrying out the unterminated portion or taking closeout measures. gencond.mst/spec master GC 5.0 SPECIAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the defmite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 01 -06 USAGE OF WATER specond.mst/spas SC-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 1 All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES specond.msVspms If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. SC -2 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES spocond.mstspas The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. SC -3 02 -06 CONSTRUCTION REVIEW specond.msIspds The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to fmal acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as-built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for SC -4 sperond,mst/spss use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. SC -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1' SECTION 04- WARRANTY BOND Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 20. Warranty Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year warranty bond shall be required for all other improvements. spccond.msl/spas SC -6 SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: specond.msl/spss 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial SC -7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 spmond.msdspas General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended SC -8 specond.msL/spe that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -9 SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL BEXAR BRAZOS COMAL Modification Number 0 County(ies): BELL BEXAR BRAZOS COMAL SUTX2042A 03/26/1998 specond.ms ✓spas CORYELL GUADALUPE HAYS MCLENNAN CORYELL GUADALUPE HAYS MCLENNAN AIR TOOL OPERATOR ASPHALT HEATER OPERATOR ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER - STRUCTURES CONCRETE RUBBER ELECTRICIAN TRAVIS WILLIAMSON Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Publication Date 02/11/2000 TRAVIS WILLIAMSON SC -10 Rates 8.08 11.00 8.00 7.97 11.00 10.80 9.57 8.83 8.52 16.25 Fringes 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Rates FLAGGER 6.86 FORM BUILDER - STRUCTURES 8.77 FORM LINER -PAVING & CURB 8.00 FORM SETTER -PAVING & CURB 8.68 FORM SE IT ER-STRUCTURES 8.73 LABORER - COMMON 7.12 LABORER - UTILITY 7.99 MECHANIC 12.15 OILER 11.40 SERVICER 8.44 PAINTER- STRUCTURES 10.00 PIPE LAYER 8.27 ASPHALT DISTRIBUTOR OPERATOR 9.70 ASPHALT PAVING MACHINE 9.26 BROOM OR SWEEPER OPERATOR 7.12 BULLDOZER 9.28 CONCRETE CURING MACHINE 7.79 CONCRETE FINISHING MACHINE 11.00 CONCRETE PAVING SAW 9.79 SLIPFORM MACHINE OPERATOR 11.15 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 10.12 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 15.00 FRONT END LOADER 8.86 HOIST - DOUBLE DRUM & LESS 10.81 MIXER 7.12 MIXER - CONCRETE PAVING 11.00 MOTOR GRADER FINE GRADE 12.37 MOTOR GRADER 11.14 PAVEMENT MARKING MACHINE 8.31 PLANER OPERATOR 15.75 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.73 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.33 ROLLER, PNEUMATIC, SELF PROPELLED 7.17 SCRAPERS 8.38 TRACTOR - CRAWLER TYPE 9.40 TRAVELING MIXER 7.92 TRENCHING MACHINE, HEAVY 9.92 WAGON - DRILL/BORING MACHINE 8.00 specond.mstlspas SC -11 Fringes Rates REINFORCING STEEL SETTER PAVING 14.50 REINFORCING STEEL SETTER STRUCTURES 10.61 STEEL WORKER - STRUCTURAL 11.73 SPREADER BOX OPERATOR 8.55 WORK ZONE BARRICADE 8.29 SIGN INSTALLER 7.97 TRUCK DRIVER -SINGLE AXLE LIGHT 8.32 TRUCK DRIVER -SINGLE AXLE HEAVY 7.954 TRUCK DRIVER - TANDEM AXLE SEMI TRAILER 8.02 TRUCK DRIVER - LOWBOY/FLOAT 10.12 WELDER 11.02 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 (29 CFR - 5.5(a) 1 (ii)) WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: spacond.msl/spas Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 SC -12 Fringes 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: 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: 4.) All decisions by the Administrative Review Board are final. specond.msUspas Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 END OF GENERAL DECISION SC -13 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER 58.78 50.00 50.00 50.00 S8.78 CARPENTER 515.52 51.57 50.97 50.00 518.06 CARPET LAYER/FLOORING INSTALLER 58.00 50.00 50.00 50.00 58.00 CONCRETE FINISHER SI0.27 50.00 50.00 50.00 510.27 DATA COMMUNICATION/TELECOM INSTALLER 512.08 50.76 50.50 50.05 513.39 DRYWALL INSTALLER/CEILING INSTALLER 510.91 50.00 50.00 50.00 510.91 ELECTRICIAN 517.44 52.16 51.05 51.05 521.70 ELEVATOR MECHANIC 516.75 53.85 52.19 51.50 524.29 FIRE PROOFING INSTALLER 58.00 50.00 50.00 50.00 58.00 GLAZIER 513.60 $2.24 51.15 50.54 $17.53 HEAVY EQUIPMENT OPERATOR 510.56 50.00 50.00 50.00 510.56 INSULATOR 513.75 51.16 50.92 50.03 515.86 IRON WORKER 512.18 50.00 50.00 50.00 512.18 LABORERMELPER 57.48 50.02 50.00 50.00 57.50 LATHER/PLASTERER 512.50 50.00 50.00 50.00 512.50 LIGHT EQUIPMENT OPERATOR 57.75 50.00 50.00 50.00 57.75 MASON 516.00 50.00 50.00 50.00 516.00 METAL BUILDING ASSEMBLER 511.00 50.62 50.00 50.34 511.96 MILLWRIGHT 515.91 51.63 51.00 50.00 518.54 PAINTER/WALL COVERING INSTALLER 58.00 50.00 50.00 50.00 58.00 PIPEFITTER 518.10 51.42 51.80 50.00 521.32 PLUMBER 512.68 50.00 50.00 50.00 512.68 ROOFER 510.00 50.00 50.00 50.00 510.00 SHEET METAL WORKER 518.40 52.39 52.55 50.33 523.67 SPRINKLER FITTER $18.25 53.40 52.20 50.00 523.85 TERRAZZO WORKER 50.00• 50.00 50.00 50.00 50.00• TILE SETTER 515.00 50.32 50.00 50.00 515.32 WATERPROOFER/CAULKER 510.64 50.00 50.00 50.00 510.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON •$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage ra e for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) spewnd.msUspcs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC -14 Date Printed: April 15, 1997 6.0 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the sidewalk improvements, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS techspee.mst/spec.master STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Copies of the City of Austin Standard Specifications governing the major portions of the work are attached at the end of this section for ease of reference., TS -1 1 1 ITEM 2 CONTROL OF WORK 1 2.01 CLEAN -UP 1 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all I rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. 1 The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger 1 to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling I is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 1 2.01.2 BACKWORK 1 The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or 1 portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 1 2.02 GRADING 1 The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. 1 1 1 1 1 urns .nuus . cer TS -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1' 1 1 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK techspec.mst/spec.masta The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. TS -3 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES 4.04 PROPERTY LINES AND MONUMENTS 4.05 DISPOSAL OF SURPLUS MATERIAL 4.06 CONTRACTOR'S USE OF PREMISES techspec.mst/spec.master The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. A traffic control plan prepared and sealed by an engineer licensed in the State of Texas shall be submitted by the Contractor to the City prior to construction of this proiect. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. TS -4 ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP ITEM 6 MEASUREMENT AND PAYMENT Concrete sidewalks shall be measured by the square foot of visible finished surface area. Pedestrian ramps shall be measured per each. Restoration and revegetation shall be measured as per item 7 below. Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing, and completing the item on which payment is made. techspec. mst/spec.masta No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a defmite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 ITEM 7 GRADING, RESTORATION, REVEGETATION, AND EROSION CONTROL MEASURES techspec.msVspec.mas[er This item shall govern the furnishing, placing, maintaining and removal of all erosion control measures, site work, restoration work, grading, shaping, seeding and sodding for all disturbed areas and in accordance with the Plans. GRADING, RESTORATION AND REVEGETATION Restoration and revegetation of disturbed areas shall include: removal of all trash, rocks, roots, clods and debris; grading; shaping, spreading of topsoil; hydromulching or seeding or sodding. All disturbed areas to be revegetated shall be smoothed and shaped to accept a minimum of 4" of topsoil free of rocks and clods. The topsoil shall be brought to finished grade for areas to be seeded or hydromulched and to within proper elevation below finished grade for areas to be sodded. Disturbed areas adjacent to existing lawns shall be revegetated in kind i.e. Bermuda sodding shall be installed adjacent to Bermuda lawns, St. Augustine sodding adjacent to St. Augustine lawns, etc. All other areas shall be vegetated by hydromulching or seeding. When it is unclear which revegetation type is applicable, the engineer shall determine the type to be used. When called for in the proposal, restoration and revegetation shall be paid for at the unit contract price bid per lump sum or per linear foot, complete in place, in accordance with the plans. Linear footage shall be measured along the length of the new sidewalk, regardless of whether work is on one or two sides. The bid price per lump sum or per linear foot shall include all excavation, materials, shaping, hauling, maintenance, disposal of surplus materials, hydromulching, sodding, seeding planting, fertilizing, tree and shrub trimming and preservation, land grading, salvaging and placing of topsoil, and clean up. When directed by the Engineer, the Contractor shall exercise care and caution when excavating and uprooting existing grasses, plants, shrubs, trees, etc., so that such items may be utilized for the restoration and revegetation phase of the project or preserved for the respective property owner so that he may utilize them as he sees fit. Excavation and replanting of existing grasses, plants, shrubs, trees, etc. shall be preformed based upon recommendations of a nursery or other qualified entity or person acceptable to the Engineer. Any recommend trimming or pruning shall also be preformed by the Contractor. No separate payment shall be made for this item and this item is subsidiary to price TS -6 techspec.msNspec.master bid for Restoration and Revegetation of disturbed areas. Mud, dirt, debris, etc. spilled, tracked or otherwise deposited on existing paved streets, drives, driveways or walks shall be immediately cleaned up. EROSION CONTROL Temporary erosion control measures shall include but not be limited to: Silt Fences, Rock Berms, Land Grading and Storm Inlet Sediment Traps. The Contractor is alerted to the fact that his construction operations may cause undue sedimentation at various locations and erosion of the land in and around the construction area. Such areas of erosion and sedimentation are difficult to predict and are best determined in the field as construction progresses. The Contractor should be aware that such areas of erosion and sedimentation generally include but are not limited to: drainage outlets, steep slopes and in areas where vegetation has been removed. The Contractor shall be prepared to take remedial measures and to install erosion and sedimentation control devices as necessary to correct all adverse erosion and sedimentation. The extent and location of erosion control measures shall be as determined in the field by the Engineer or his designated representative. The Contractor shall be responsible for providing all materials, labor and equipment necessary for the construction of erosion control measures. The Contractor shall maintain all erosion control measures until fmal acceptance and shall remove them after final acceptance of the project. Erosion control measures will not be measured and paid for separately. Costs for erosion control measures shall be subsidiary to other items of work. ITEM 8 MAIL BOXES The Contractor shall temporarily relocate all mailboxes that are in conflict with construction activities. Mailboxes that are temporarily relocated shall be erected in an upright position and shall be sufficiently anchored to prevent them from being easily tipped or blown over, lifted or removed. The temporary location of all mailboxes shall be outside the construction area and shall be readily accessible for mail delivery and retrieval. The temporary location of mailboxes and the means and methods of installation shall be subject to the approval of the Engineer. TS -7 techspec.msthpec.masta As soon as practical during or after construction, all mailboxes temporarily relocated shall be permanently reinstalled. Mailboxes shall be installed in the same respective location that they were in prior to construction, unless otherwise requested by the property owner. However, all mailboxes shall be installed according to postal regulations regardless of the installation prior to construction. The City of Round Rock may allow the various property owners the option of replacing their existing mailboxes. In such cases, the property owner will be responsible for purchasing and providing a new mailbox to the Contractor who will permanently install the new box and will be responsible for discarding the old box. Property owners exercising such option shall provide a new mail box that requires installation, in the opinion of the Engineer, that is similar to that of the mailbox it is intended to replace. Mailboxes damaged by the Contractor shall be repaired or replaced as directed by the Engineer and at the Contractor's sole expense without additional compensation from the Owner. Temporary relocation and installation of existing mail boxes, discarding of old mail boxes (where applicable), and permanent installation of existing or new mail boxes (where applicable), will not be measured and paid for separately. Costs for these items shall be subsidiary to other items of work. TS -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM NO. 432S CONCRETE SIDEWALKS 432S.1 Description This item shall govem the construction of Portland cement concrete sidewalks (Standard Detail No. 432 - 11432S -1), as herein specified, on an approved subgrade and in conformance with the lines, grades and details indicated on the Drawings or as established by the Engineer or designated representative. This specification is applicable for projects or work involving either inch -pound or SI units. Within the text inch -pound units are given preference followed by SI units shown within parentheses. 432S.2 Materials (1) Portland Cement Concrete Portland cement concrete shall be Class A conforming to Specification Item No. 403/403S, "Concrete for Structures" or Specification Item No. 407/407S, "Fibrous Concrete ". (2) Reinforcement Reinforcement shall conform to Specification Item No. 406/406S, "Reinforcing Steel" or Specification Item No. 407/407S, "Fibrous Concrete ". (3) Expansion Joint Materials Expansion joint materials shall conform to Specification Item No. 408/408S, "Expansion Joint Materials ". (4) Membrane Curing Compound Membrane curing compound shall conform to Specification Item No. 409/409S, "Membrane Curing ". 4325.3 Construction Methods The subgrade shall be excavated in accordance with Specification Item No. 1115, "Excavation ", prepared in accordance with Specification Item No. 2011201 S, "Subgrade Preparation ", shaped to the lines, grades and cross section as indicated on the Drawings or as directed by the Engineer or designated representative and thoroughly compacted in accordance with Specification Item No. 201/201S. A granular cushion of a minimum thickness of 2 inches (50 mm), composed of crusher screenings, gravel and sand, crushed rock or coarse sand, shall be spread, wetted thoroughly, tamped and leveled. The granular cushion shall be moist at the time the Portland cement concrete is placed. If the subgrade is undercut by more than 4 inches (100 mm) or the elevation of the natural ground is more than 4 inches (100 mm) below "top of subgrade", then a necessary backfill /embankment layer of an approved material shall be placed and compacted with a mechanical tamper. Hand tamping will not be permitted. 432S 04/05/99 Page 1 Concrete Sidewalks 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 1. 1 Where the subgrade is rock or gravel, 70 percent of which is rock; the 2 inch (50 mm) cushion need not be used. The Engineer or designated representative will determine if the subgrade meets the above requirements. Sidewalk forms shall be constructed of metal or well seasoned -wood not Tess than 2 inches (50 mm) in thickness, with a section satisfactory to the Engineer or designated representative. The forms shall be clean, straight, and free from warp with a depth equal to the thickness of the finished work. All forms shall be securel staked to line and grade and cement concrete. Before p.c. concrete Is placed, the forms true all shall position horoughly oiled we hoa light Portland t form oil. Expansion joint material 3/4 inch (19 mm) thick, shall be provided where the new construction abuts an existing structure, sidewalk or driveway. Similar expansion material shall be placed around all obstructions protruding through the sidewalk. The expansion joint material shall be placed vertically and shall extend the full depth of the p.c. concrete. Maximum spacing of expansion joints shall be 40 feet (12 meters) as indicated on the Drawings or as directed by the Engineer or designated representative. Weakened plane joints shall be spaced at 5 feet (1.5 meters) on center. Normal dimensions of the weakened plane joints shall be 1/4 inch wide and 3/4 inch deep (6 mm wide and 19 mm deep). All joints shall be constructed perpendicular (90 degrees) to the centerline of walk and shall match any previously placed concrete joints. Reinforcement for sidewalks shall consist of polypropylene fibrillated fibers, 1 layer of 6 x 6 - W1.4 x W1.4 (152 x 152 — MW9 x MW9) wire fabric or #3 (10M) bars, placed not more than 18 inches (450 mm) on center both directions. All reinforcement shall be placed equidistant from the top and bottom of the p.c. concrete. Care shall be exercised to keep all steel in its proper position during placement of the p.c. concrete. Splices in wire fabric shall overlap sufficiently to allow two pairs of transverse wires to be tied together and no splice of Tess than 6 inches (150 mm) will be permitted. Splices in the #3 (10M) bars shall have a minimum lap of 12 inches (300 mm). Where driveways cross sidewalks, additional reinforcing shall be placed in the sidewalk as indicated on the Drawings. Portland cement concrete shall be placed in the forms and spaded, tamped and thoroughly consolidated until it entirely covers the surface and has a monolithic finish. The top surface shall be floated and troweled to a uniform smooth surface; then finished with a broom or wood float to a gritty texture unless otherwise indicated. The outer edges and joints shall be rounded with approved tools to a 1/4 inch (bms mm) radius. Care will be exercised to prevent loss of dummy joints or rounded edges when applying the finish. Concrete sidewalk ramps shall be stamped or formed to produce a finished surface with detectable wamings in accordance with the requirements of the American Disabilities Act and Texas Accessibility Standards (TAS), including Sections 4.7.7. and 4.29.2. The sidewalk ramps shall be constructed in accordance with appropriate City of Austin Standard Details (Standard Details 432S -3, 432S -3A through 432S -F, 432S -5, 432S-5A, 432S -5B, etc.). Detectable waming for the ramps shall consist of raised truncated domes with a diameter of nominal 0.9 inch (23 mm), a height of nominal 0.2 inch (5 mm) and center -to -center spacing of nominal 2.35 inches (60 mm) and shall contrast visually with adjoining surfaces, either Tight -on -dark, or dark -on- light. The material used to provide contrast shall be an integral part of the walking surface. The finished concrete, while still plastic, shall be stamped with an impression having the Contractor's name, month and year (Standard Detail No 432- 6/432S -6). The stamp shall be of approved design and impressions shall be placed at or near street intersections at a distance which does not exceed 350 feet (100 meters) or as directed by the Engineer or designated representative. 432S 04/05/99 Page 2 Concrete Sidewalks At the proper time after finishing, the surface shall be protected by a membrane compound curing agent or by wetted cotton or burlap mats, conforming to Item No.409/409S, "Membrane Curing ". The sides of the p.c. concrete shall be cured in the forms. If the forms are removed during the curing process, the curing shall be continued by the placement of fill against the exposed concrete edges or by other procedures conforming to Item No. 410/410S, "Concrete Structures ". The top 4 inches (100 mm) of fill shall be clean topsoil conforming to Item No. 604/604S, "Seeding for Erosion Control ". All necessary excavation, filling and grading of the slopes adjacent to the completed concrete sidewalks will be considered incidental work pertaining to this item and will not be paid for directly. The adjacent excavation and grading of the slopes shall be done in a manner acceptable to the Engineer or designated representative. 432S.4 Measurement Accepted work performed as prescribed by this item will be measured by the square foot (square meter: 1 square meter is equal to 10.764 square feet) of surface area of "Concrete Sidewalk ". Accepted work performed as prescribed by "Sidewalk Ramps" will be measured per each for the type of ramp indicated. 432S.5 Payment The work performed as prescribed by this item will be paid for at the unit bid price per square foot for "Concrete Sidewalk" or per each for "Concrete Sidewalk Ramps ". The unit bid price shall include full compensation for preparing the subgrade; for fumishing and placing all materials including cushion material, all reinforcement, joints, expansion Joint materials and for any other materials, manipulations, labor, tools, equipment, finishing, curing and incidentals necessary to complete the work. Payment will be made under one of the following: End Sidewalks Pay Item 432S -4: Pay Item 432S -5: Pay Item 432S -6: Pay Item 432S -7: Ramo Pay Item 432S-3F -R: Pay Item 432S -5-R: Pay Item 432S -5A -R: Pay Item 432S -5B -R: Concrete Sidewalks, 4 Inch - Concrete Sidewalks, 5 Inch - Concrete Sidewalks, 6 Inch - Concrete Sidewalks, 7 Inch Per Square Foot. Per Square Foot. Per Square Foot. - Per Square Foot. Sidewalk Curb Ramp with Pavers Per Each Sidewalk Curb Ramp with Pavers (Type I) Per Each Sidewalk Curb Ramp with Pavers (Type IA) Per Each Sidewalk Curb Ramp with Pavers (Type IB) Per Each 432S 04/05/99 Page 3 Concrete Sidewalks I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' SPECIFIC CROSS REFERENCE MATERIALS Specification 432S, "CONCRETE SIDEWALKS" City of Austin Technical Specifications Designation Item No. 111S Item No. 201/201S Item No. 403/403S Item No. 406/406S Item No. 407/407S Item No. 408/408S Item No. 409/409S Item No. 410/410S Item No. 604/604S Description Excavation Subgrade Preparation Concrete for Structures Reinforcing Steel Fibrous Concrete Expansion Joint Materials Membrane Curing Concrete Structures Seeding for Erosion Control City of Austin Standard Details Designation Description 432- 1/432S -1 Sidewalk 432S -3F Combined Sidewalk Curb Ramp with Pavers 432S -5 Sidewalk Curb Ramp With Pavers (type I) 432S -5A Sidewalk Curb Ramp With Pavers (type IA) 432S -5B Sidewalk Curb Ramp With Pavers (type IB) 432- 6/432S -6 Concrete Stamp American Disabilities Act, Federal Register; Volume 56, No. 144; July 26, 1991 ADA Accessibility Guidelines For Building And Facilities Designation Description Section 4.7.7 Detectable Warnings Section 4.29 Detectable Warnings Architectural Barriers; Texas Civil Statutes, Article 9102; June 14, 1995 Texas Accessibility Standards (TAS) Designation Description Section 4.7.7 Detectable Wamings Section 4.29 Detectable Warnings RELATED CROSS REFERENCE MATERIALS Specification 432S, "CONCRETE SIDEWALKS" City of Austin Standard Contract Documents Designation 00700 01500 01550 Description General Conditions Temporary Facilities Public Safety and Convenience City of Austin Utilities Criteria Manual Designation Description Section 5.2.3 Utility Adjustments For Roadway Construction Projects 432S 04105/99 Page 4 Concrete Sidewalks RELATED CROSS REFERENCE MATERIALS - Continued Specification 4328, 'CONCRETE SIDEWALKS" City of Austin Technical Specifications Designation Description tem No. 102/102S Clearing and Grubbing Removing Concrete Street Excavation Embankment Lime Treatment for Materials In Place Portland Cement Treatment for Materials In Place Rolling (Flat Wheel) Rolling (Pneumatic Tire) Rolling (Tamping) Rolling (Proof) Concrete Pavement Concrete Pavers for Sidewalk Ramps Controlled Low Strength Material Pneumatically Placed Concrete Concrete Admixtures Surface Finishes for Concrete Concrete Valley Gutters Sodding for Erosion Control Preservation of Trees and Other Vegetation Silt Fence tem No. 104/1045 tem No. 110/110S tem No. 132/132S tem No. 203/203S tem No. 204/2048 tem No. 230/230S tem No. 232/232S tem No. 234/234S tem No. 236/2368 tem No. 360/360S tem No. 375/3755 tem No. 402/402S tem No. 404/404S t em No. 405/405S tem No. 411/411S tem No. 436/436S tem No. 602/6028 tem No. 610/610S tem No. 642/6425 City of Austin Standard Details Designation Description Intersection Curb Ramps Curb Ramps at T -Type Intersections Intersection Curb Ramps with Retumed Curb Curb Ramps with Retumed Curb at T Intersections Combined Curb Ramps Combined Curb Ramp at T type Intersection Mailbox Placement Type 1 Driveway Type n Driveway Temporary Driveway Concrete Valley Gutter Curb Cut for Ramp or Driveway (Optional) Typical ROW and Front Lot Utility Assignments Typical Utility Assignment Details (TV,W,WW) Local Street Sections Residential and Neighborhood collector Street Sections Industrial and Collector Street Sections Primary Collector Street Sections Primary Arterial Street Sections Minor Arterial Street Sections (4 Lanes) Minor Arterial Street Sections- (4 Lanes divided) Major Arterial Street 432S -3 432S -3A 432S -3B 432S-3C 432S -3D 432S -3E 432 - 10/4325 -10 433- 1/433S -1 433- 2/433S -2 433- 3/433S -3 436- 2/436S -2 470S -1 1000- 8(A) /1000S -8(A) 1000- 8(B) /1000S -8(B) 1000- 10/1000S -10 1000 -11 (1)/1000S -11(1) 1000 -11 (2)/1000S -11(2) 1000 -12 (1)/1000S -12(1) 1000 -12 (2)/10005 -12(2) 1000 -13 (1) /1000S -13(1) 1000- 13(2)/1000S -13(2) 1000- 14/1000S -14 432S 04/05/99 Page 5 Concrete Sidewalks 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RELATED CROSS REFERENCE MATERIALS - Continued Specification 432S, "CONCRETE SIDEWALKS" Texas Department of Transportation: Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Description Preparing Right of Way Excavation Subgrade Widening Embankment Seeding for Erosion Control Sprinkling Rolling (Flat Wheel) Rolling (Tamping) Roiling (Pneumatic Tire) Designation Item No. 100 Item No. 110 Item No. 112 Item No. 132 Item No. 164 Item No. 204 Item No. 210 Item No. 211 Item No. 213 American Disabilities Act, Federal Register; Volume 56, No. 144; July 26, 1991 ADA Accessibility Guidelines For Building And Facilities Designation Description Section 4.3 Accessible Route Section 4.3.6 Surface Texture Section 4.3.7 & 4.7.2 Slope Section 4.3.8 & 4.5.2 Changes in Levels Section 4.7 Curb Ramps Section 4.8 Ramps Architectural Barriers; Texas Civil Statutes, Article 9102; June 14, 1995 Texas Accessibility Standards (TAS) Designation Description Section 4.3 Accessible Route Section 4.3.6 Surface Texture Section 4.3.7 & 4.7.2 Slope Section 4.3.8 & 4.5.2 Changes in Levels Section 4.7 Curb Ramps Section 4.8 Ramps 432S 04/05/99 Page 6 Concrete Sidewalks 7.0 PLANS, NOTES AND DETAILS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXIST. SIDEWALK PROP. SIDEWALK ISSUE DATE: AUG. 2000 REVISIONS , ero • 1 A a CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT OVERALL LAYOUT GEORGETOWN— SIDEWNJ(.DWG BY: RSH SCALE: 1" =400' I \City Projects \2000\ SIDEWALKS \ SOUTHEAST\ georgetown \georgetown- sldewalk.dwg, 08/03/00 11:05:20 AM plot byRSH 1 CMT WAG A BAG AMERICAN LEGION PROPOSED SIDEWALK EXISTING SIDEWALK SPECIFIC INSTRUCTION NOTE # O WALGREENS SIDEWALK IMPROVEMENTS PROJECT GEORGETOWN STREET SCALE: 1" =100' N- BASE.DWG \City Piojects120001SIdewalka\ SOUTHEASTIgeorUetown \georgetown sidewalk.dwg 08/22/0010:34:30 AM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PECAN AVENUE PARK w , o , I 408 BRUSHY CREEK DRIVE ISSUE DATE: AUG. 2000 REVISIONS 11 TIMBERWQOD DRIVE PROPOSED SIDEWALK EXISTING SIDEWALK SPECIFIC INSTRUCTION NOTE fi SCALE: 1" =100' BY: CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT GEORGETOWN STREET (CONT.) GEORGETOWN - BASE.DWG \CIty Projects 120001Sidewalks1SOUTHEASTIgeorgetowntgeorge town- sidewalk.dwg. 0812210010:34:53 AM. plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SIDEWALK IMPROVEMENTS PROJECT AUSTIN STREET AND BLACK STREET �1 PROPOSED SIDEWALK EXISTING SIDEWALK SPECIFIC INSTRUCTION NOTE # I \City Projects\ 20001SIdewalkslSOUTHEAST\ george towMgeorgetown- sidewalk.dwg, 0812210010:38:40 AM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 fib CITY OF ROUND ROCK ISSUE DATE: AUG. 2000 REVISIONS SIDEWALK IMPROVEMENTS PROJECT AUSTIN STREET AND LEWIS STREET GEORGETOWN- BASE.DWG PROPOSED SIDEWALK EXISTING SIDEWALK SPECIFIC INSTRUCTION NOTE # SCALE: 1"= 100' ,- \City Projects\ 20001SIdewalkslSOUTHEASTlgeorgelownlgeorgetown- akiewalk.dwg, 0812210010:40:25 AM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 GEORGETOWN STREET, AUSTIN AVENUE, BLACK STREET, LEWIS STREET AND SPRING STREET SIDEWALK IMPROVEMENTS SPECIFIC INSTRUCTIONS 1. Tie new sidewalk to existing sidewalk. 2. Transition sidewalk from 4' off of back of curb to abutting curb beginning ± 10' north of power pole in order to avoid the power pole. 3. Construct 4' wide sidewalk 4' off of back of curb. 4. Transition sidewalk from 4' off of back of curb to abutting curb. 5. Construct 4' wide sidewalk abutting curb. 6. Transition sidewalk from abutting curb to 4' off of back of curb. 7. See "GEORGETOWN STREET DETAIL ". 8. Saw -cut existing street at 17 off of west ROW. Construct new curb, gutter and 4' wide sidewalk at 15' from west ROW to new face of curb. See detail. 9. Transition new curb, gutter and sidewalk to meet and match existing curb, gutter and sidewalk. Provide standard 10' gutter transition for inlet. 10. Reconstruct concrete driveway with 10' curb returns. See detail. 11. Construct straight pedestrian ramp. See detail. 12. Meet and match existing curb inlet with new sidewalk. 13. Construct corner pedestrian ramp. See detail. 14. See "PECAN AVENUE DETAIL" 15. Construct concrete rip -rap. See detail. 16. Construct 4' sidewalk approximately 6' off edge of asphalt. 17. Carefully trim shrub(s) to clear walking path as directed by the Engineer. 18. Meet and match existing sidewalk coming from house. 19. Transition sidewalk from approximately 6' off edge of asphalt to approximately 8' off edge of asphalt. SPECIFIC INSTRUCTIONS (continued) 20. Trim tree limbs to clear walking path as directed by Engineer. Seal cuts with pruning seal. 21. Construct 4' wide sidewalk approximately 8' off edge of asphalt. 22. Construct 4' wide sidewalk between sign and tree. Make smooth, curved transition around corner. 23. Tie new sidewalk to existing sidewalk behind ramp. 24. Meet and match existing pavement. 25. Construct 4' sidewalk approximately 4' off edge of asphalt. 26. Meet and match existing concrete ribbon curb. 27. Paint pedestrian crosswalk. 28. Adjust manhole to finished grade. 29. Transition 4' sidewalk around tree. Maintain a minimum of 2' off of tree trunk. 30. Construct handrail along the extent of new concrete rip -rap. See detail. 31. Remove a portion of existing lane striping and paint additional striping as shown on plans. 32. Install 12" PVC pipe culvert under sidewalk. 33. Increase sidewalk thickness from 4" to 5" in areas where a driveway exists but does not consist of a good paved surface. Out of all of the sidewalk being installed under this contract, this increase in thickness accounts for only approximately 125 linear feet of sidewalk. NOTES The contractor is alerted to the fact that items 1,2 ,4,6,9,12,17,18,19,20,23,24,26, 29 & 33 the items of work in the above Specific Instructions are not specifically paid for in the bid proposal. Costs for said items shall be subsidiary to items of work listed in the bid proposal. The contractor shall provide necessary personnel and measures to insure that freshly poured sidewalks are protected from damage due to pedestrians, cars, people etching/writing in concrete, etc. It is suggested that concrete pours occur in morning hours so that the fresh concrete may be watched throughout the remainder of the day and to allow as much setup time as possible before workers leave in the afternoon. All damaged sidewalks shall be repaired or replaced to the satisfaction of the Engineer at no additional cost to the Owner. 1 5:1 (HORIZ. : VERT.) MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. SEE ABOVE DETAIL. GRADE AND RESTORE DISTURBED AREAS WITH SUITABLE TOPSOIL AND REVEGETATE. SLOPE 1/4 "PER FT. 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. (SEE SPECIFIC INSTRUCTIONS FOR WIDTH.) TYPICAL SIDEWALK SECTION ABUTTING CURB IN SLOPING AREAS, INSTALL SIDEWALK IN GENERAL CONFORMANCE WITH RATIOS SHOWN AND GRADE TO NATURAL GROUND AT 5:1 (HORIZONTAL : VERTICAL) MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. SEE ABOVE DETAIL. FOR WIDTH.) TYPICAL SIDEWALK SECTION AWAY FROM CURB 4" THICK CLASS 'A' CONCRETE WITH 6X6X NO. 6 W.W.F. 0 MID — DEPTH. PROVIDE EXPANSION JOINTS WITH SMOOTH DOWELS AND DOWEL SLEEVES AND WEAKENED PLANE JOINTS IN ACCORDANCE WITH C.O.A. ITEM 302. EXISTING CURB AND GUTTER * BLOCK OUT 15" (PARALLEL TO CURB) X 9" OPENING AROUND MAIL BOXES, UNLESS OTHERWISE DIRECTED BY THE ENGINEER. SLOPE 1/4" PER FyDIREC7I0N TO BE FIEJ.g°DE ERMINED. SEE ABOVE DETAIL. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT TYPICAL SIDEWALK DETAIL SWDETAILS.DWG BY: RSH ' \City ProJects12000\SIDEWALKS\ SOUTHEAST \georgetowMSWDETAILS.dwg 08/02/00 01:29:16 PM, Plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STANDARD 6" CURB & GUTTER. SAW CUT 1'R (VP-) RAMP CURB ALONG RAMP: (6" WIDE X 12" DEEP TYP. 6" HIGH AT STREET, FLUSH AT SIDEWALK. MAX. SLOPE 5% NOTES: PLAN 6 "x6 "x #6 WWF 2" SAND CUSHION — CLASS 'A' CONCRETE CONCRETE LANDING SLOPE TO DRAIN (2% MAX.) SAW CUT "A" PERMISSIBLE CONST. JOINT CURB. MAX. SLOPE 5% LOPE 12:1 LANDING WIDTH VARIES SECTION "A — A" 6" CONCRETE 2 -0" STANDARD 6" CURB & GUTTER. RAMP SIDEWALK CURB ALONG RAMP: (6" WIDE X 12" DEEP 6" HIGH AT STREET. FLUSH AT SIDEWALK. 1" IN (SEE NOTE 4) 1. THE RAMP SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. THE RAMP SHALL BE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. 2. THE POSITION OF THE RAMP MAY BE ALTERED IN THE FIELD BY THE ENGINEER, BUT ONLY WITH THE PUBLIC WORKS DEPARTMENT APPROVAL. 3. SAW CUTTING IS APPLICABLE FOR INSTALLATION WHERE THE CURB LAYDOWN FOR THE RAMP IS NOT PROVIDED. 4. PROVIDE 12" LONG DOWELS ® 12" 0.C. TO TIE NEW CONCRETE TO EXISTING GUTTER. SAW CUT .A. SAW CUT EXISTING CURB 0 GUTTER AND REMOVE. (SEE NOTE 5) 174' (MIN.) SAW CUT ISSUE DATE: AUG. 2000 REVISIONS CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT STRAIGHT PEDESTRIAN RAMP DETAIL SWDETAILS.DWG BY: RSH SCALE: N.T.S. 1 \City Proleds120001SWewalkstSOUSHEASZ16eor9etwm\SW DETAILS.dvrg. 0 6122/0 0 02:33:09 PM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6 "x6 "x #6 WWF MAX. SLOPE 1 /4 " /Ff. NOTES: 18'R 2" SAND CUSHION CLASS 'A' CONCRETE STANDARD 6" CURB & GUTTER. PLAN PERMISSIBLE CONST. JOINT CURB. • _ SLOPE 12.1 Mk SECTION "A — 2' -0" IN CURB ALONG RAMP: 6" HIGH AT STREET, FLUSH AT SIDEWALK. SAW CUT EXISTING CURB ® GUTTER AND REMOVE. (MIN.) ( SEE NOTE 3 ) (MIN (SEE NOTE 3) 1. THE RAMP SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. THE RAMP SHALL BE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. 2. THE POSITION OF THE RAMP MAY BE ALTERED IN THE FIELD BY THE ENGINEER, BUT ONLY WITH THE PUBLIC WORKS DEPARTMENT APPROVAL. 3. SAW CUTTING IS APPLICABLE FOR INSTALLATION WHERE THE CURB LAYDOWN FOR THE RAMP IS NOT PROVIDED. ISSUE DATE: AUG. 2000 REVISIONS CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT CORNER PEDESTRIAN RAMP DETAIL SWDETAILS.DWG BY: RSH I SCALE: N.T.S. \City Projects12000181dewslks1SOUTHEASTL georgetown1SWDETAILS.dwg, 08!22!0010:42:53 AM, plot by:RSH edge powment EXISTING BUILDING EXISTING BUILDING CAUTION' OVERHEAD ELECTRIC LINES IN THIS AREA. EXISTING CONCRETE DRIVEWAY 40' F —F EXISTING STING CURD INLET F —F EXISTING ISTING 4' SIDEWALK CAUTION! GAS UNES IN THIS AREA CONTACT TXU GAS 48 HRS. PRIOR TO EXCAVATION. SEE STRIPING PLAN FOR PERMANENT STRIPING DETAILS ISSUE DATE: AUG. 2000 REVISIONS SCALE: 1 UMITS OF DEMOUTION UMITS OF NEW CONSTRUCTION SPECIFIC INSTRUCTION NOTE g CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT GEORGETOWN STREET DETAIL GEORGETOWN— BASE.OWG r4.+ BY: RSH I \CIty ProJed412000181dewalkslSOUTHEAS ase.dwp, 08/22/00 03:56:41 PM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WAG A BAG W4 -2 36' X 36' AMERICAN LEGION CMT PROPOSED SIDEWALK 400' 210' 1 150' 1 1 WALGREENS LIMITS OF LANE in QBUTERATION 11117 VI BEGIN LANE I ON \ ' \0 0 d ' I I I LANE STRIPING FOR NORTHBOUND TRAFFIC TO REMAIN SAND BUST EXISTING LANE STRIPING FOR SOUTHBOUND TRAFFIC 4' WHITE PLANT STRIPES (TYP.) 24' WIDE STRIPES AT 20' SPACING (TYP.) EXISTING DOUBLE YELLOW SOUD CENTER STRIPES TO REMAIN NO CROSS- HATCHING AT DRIVEWAYS (TYP.) REVISIONS SCALE: 1 ~ =50' CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT GEORGETOWN STREET STRIPING PLAN ISSUE DATE: AUG. 2000 GEORGETOWN-BASEDWG 1 \City ProJea s1 20001SIdewalks\ SOUTHEASTIgeagetowntgeoryeWWm -base.dw9. 08/21/00 10:58:02 AM. plot by:RSH GRADE AS NEEDED TO MATCH EXISTING NATURAL GROUND PROP. 2" SAND CUSHION R =1/4" 0 � / / /�/ / ,f� \ N✓/\ Ai COMPACTED SUBGRADE SIDEWALK PLACEMENT AT GEORGETOWN STREET TOP OF CURB. GUTTER. DOWEL ROD SUPPORTS. PROP. 4' WIDE SIDEWALK (SEE DETAIL) SAW CUT AND REMOVE EXIST. CURB & GUTTER 2" MIN. 16" DOWEL COATING 24" #4 SMOOTH DOWEL. CURB EXPANSION JOINT DOWEL DETAIL 1' -6" 2" MIN. R =2 1/2" GRADE CONTROL. R =3 1/2" CATCH CURB PROP. STANDARD CATCH CURB (SEE DETAIL BELOW) 1/2" PREMOLDED MIN. 2" TYPE D HMAC PATCH EXPANSION JOINT MATERIAL. 1" MINIMUM CLEARANCE. SAW CUT, MEET & MATCH EXIST. ASPHALT TYPE A HMAC DOWEL SLEEVE TO FIT DOWEL AND BE SECURED. CLOSED END. —DOWELS �• SECTION A — A NOTE: PROVIDE EXPANSION JOINTS AT POINTS 01 CONNECTION WITH D CURB & GUTTER ENI 40' 0.C. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT SIDEWALK PLACEMENT AT GEORGETOWN STREET SWDETAILS.DWG BY: RSH I \City Projects\ 20001SIdewalks\ SOUTHEAST \geagetown\SWDETAILS.dwg, 08122!00 09:15:0D AM, plot by.RSH z rn z o g N a z EXISTING JOINT, IF 5' OR TO JOIN T (TYPICAL) REMOVE ) NOTE: DRIVEWAY SHALL SLOPE NO MORE THAN 2% WHERE SIDEWALK CROSSES DRIVEWAY. ASPHALTIC CONCRETE SURFACE COURSE TOP OF CURB LIP OF GUTTER DRILL EXISTING CURB & GUTTER ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. 1M6 POSSIBLE SIDEWALK LOCATION EXPANSION JOINT COMPACTED BASE COURSE 24" #4 SMOOTH CONST. CONST. 2' 6" IN 0.2' NORMAL EXPANSION JOINT DETAIL N.T.S. i" TRANSITION TYPICAL < MIN. PREMOLDED JT. MTL. DOWEL SUPPORT SAW CUT VARIES (10' MIN.) 1 LIMIT OF MEASUREMENT T O DRIVEWAY PEDESTRIAN RAMP 1 6%T ERIAL (TYPICAL) JOINT ICAL) SAW CUT EXISTING CURB & GUTTER SECTION AT PROPOSED DRIVEWAY P.C. OR REMOVE EXISTING CURB & GUTTER SECTION TO NEAREST EXPANSION JOINT. PLAN N.T.S. VARIES — 9.5' NORMAL ROLL GENTLY AS REQUIRED SECTION "A — A" N.T.S. 1" W4OPLIAANIZED WOOD EXP. JOINT W/ #4 DOWELS 0 18" 0.C. PEDESTRIAN RAMP FLOW LINE�� EXPANSION JOINT SAW CUT (TYPICAL) EXPANSION REQUIRED FOR WIDTHS (W) OVER PAVEMENTR CONCRETE #3 CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT CONCRETE DRIVEWAY DETAIL CURB WITH 10' RADIUS FOR TYPE II DRIVEWAY. 2" SAND CUSHION CLASS A CONCRETE BARS 0 18" 0.C.E.W. SECTION N.T.S. POSSIBLE SIDEWALK LOCATION GENERAL NOTES; TYPF DRIVEWAY REQUIRED FOR SINGLE FAMILY RESIDENCE, DUPLEXES AND TOWNHOUSES. Wh IIII DRIVEWAY REQUIRED FOR MULTI— RESIDENT TMENTS, OFFICES AND PARKING LOTS, COMMERCIAL AND INDUSTRIAL. USE OF WING STYLE DRIVEWAY FOR TYPE II REQUIRES APPROVAL FROM THE CITY ENGINEER. DETAILS.DWG BY: RSH "" � h ' (City ProJeds120004SWewe5;s\ SOUTHEAST1georgetowMDETAILS.dwg, 0 &22!0012:46:45 PM, Plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 m m PECAN AVENUE EXISTING HEADWALL ISSUE DATE: AUG. 2000 REVISIONS SCALE: 1 " =10' PROPOSED CONCRETE RIP —RAP (SEE DETAIL) PROPOSED HANDRAIL (SEE DETAIL) EXISTING 15' CURB INLET CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT PECAN AVENUE DETAIL UMITS OF NEW CONSTRUCTION O SPECIFIC INSTRUCTION NOTE # W CC H a w ° EXISTING 18" RCP STORM SEWER LINE DETAILS.DWG BY: RSH 4�yNU ��, S ' -1City Project s\ 20001SWewalkslSOUTHEASTgeorge towmWETAILS.dwg, 08/12/00 02:07:22 PM, Plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1" 1_ 1• 1 NOTE: LIMITS OF RIP —RAP TO BE DETERMINED IN THE FIELD TO INCORPORATE ANY AREA WHICH, AT FINISHED GRADE, WOULD EXCEED 3:1 SLOPE. 6x6x N0.6 WWF AT MID —DEPTH EXISTING HEADWALL 5' -0" MAX. NOTE: ALL HANDRAIL SHALL BE HOT DIPPED GALVANIZED AFTER FABRICATION. PROPOSED HANDRAIL (SEE DETAIL) PROPO SED 5" THICK CONCR 1 1/4" SCH 40 HOT DIPPED GALVANIZED STEEL PIPE EXPANSION JOINT HANDRAIL DETAIL 2' 10" 3' -6" RIP -RAP DETAIL SECTION A -A 4' L -- ETE RIP —RAP wa EXISTING NATURAL GROUND THOROUGHLY COMPACTED SUBGRADE `EXISTING 18" RCP STORM SEWER LINE 3/4" CHAMFER (TYP.) 10" 3" STEEL SLEEVE #5 BAR (TYP.) PROPOSED 4' WIDE SIDEWALK (SEE DETAIL) PROPOSED FINISHED GRADE 5:1 MAX. EXISTING CURB AND GUTTER CLASS A CONCRETE FOOTING INCLUDED IN BID ITEM FOR HANDRAIL. HANDRAIL GROUT HANDRAIL IN SLEEVE #4 STIRRUPS © 18" O.C. 2" COVER ON STIRRUPS ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT RIP -RAP AND HANDRAIL DETAILS DETAILS. DWG BY: RSH lgty Projectst2000% 8IdewalkslSOLRHEAST19eurgetownVDETAILS .dwg, 08/22/00 03:29:45 PM, plot by:RSH 1' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 5' -8" 4' -10" 12" CONCRETE RIP —RAP #4 DOWELS 12" 0.C. 6x6 NO.6 WWF - 2 -8" PVC CULVERTS SCH.40 OR APPROVED EQUAL. CULVERT DETAIL RAILING AND CONCRETE FOOTING PER HANDRAIL DETAIL ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT CULVERT DETAIL DETAILS.DWG BY: RSH \City Protect s12000181dewalks1SOUTHEA311georgetown \DETAILS.dwg, 08/22!00 03:23:42 PM, plot by:RSH 1 1 1 1 GENERAL NOTES: 1. All construction shall be in accordance with the City of Austin Standard Construction Specifications as adopted and amended by the City of Round Rock. 2. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged or removed shall be repaired or replaced by the Contractor at no cost to the Owner. 3. The Contractor shall verify all depths and locations of existing utilities prior to any construction. Any discrepancies with the construction plans found in the field shall be brought immediately to the attention of the Engineer. 4. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to final paving construction. 5. The Contractor shall give the City of Round Rock 48 hours notice before beginning each phase of construction. Telephone 218 -5555 (Public Works Department). 6. All areas disturbed or exposed during construction shall be revegetated in accordance with the plans and specifications. Revegetation of all disturbed or exposed areas shall consist of sodding or seeding, at the Contractor's option. However, the type of revegetation must equal or exceed the type of vegetation present before construction unless otherwise requested by the property owner. 7. Prior to any construction, the Contractor shall convene a preconstruction conference between the City of Round Rock, himself, the Engineer, other utility companies, any affected parties and any other entity the City or Engineer may require. 8. The Contractor and the Engineer shall keep accurate records of all construction that deviates from the plans. The Engineer shall furnish the City of Round Rock accurate "As- Built" drawings following completion of all construction. These "As- Built" drawings shall meet with the satisfaction of the Public Works Department prior to final acceptance. 9. The Round Rock City Council shall not be petitioned for acceptance until all necessary easement documents have been signed and recorded. 1 1 1 1 1 1 1- 1 1 1- 1: 1 10. When construction is being carried out within easements, the Contractor shall confine his work to within the permanent and any temporary easements. Prior to final acceptance, the Contractor shall be responsible for removing all trash and debris within the permanent and temporary easements. Clean -up shall be to the satisfaction of the Engineer. 11. Prior to any construction, the Contractor shall apply for and secure all proper permits from the appropriate authorities. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ TRAFFIC MARKING NOTES 1. Any methods, street markings and signage necessary for warning motorists, warning pedestrians or diverting traffic during construction shall conform to the Texas Manual of Uniform Traffic Control Devices for Streets and Hiahways, latest edition. 2. All pavement markings, markers, paint, traffic buttons, traffic controls and signs shall be installed in accordance with the Texas Department of Transportation Standard Specifications for Construction of Hiahways. Streets and Bridaes and, the Texas Manual of Uniform Traffic Control Devices for Streets and Hiahways, latest editions. EROSION AND SEDIMENTATION CONTROL NOTES: 1. Erosion control measures, site work and restoration work shall be in accordance with the City of Round Rock Erosion and Sedimentation Control Ordinance. 2. All slopes shall be sodded or seeded with approved grass, grass mixtures or ground cover suitable to the area and season in which they are applied. 3. Silt fences, rock berms, sedimentation basins and similarly recognized techniques and materials shall be employed during construction to prevent point source sedimentation loading of downstream facilities. Such installation shall be regularly inspected by the City of Round Rock for effectiveness. Additional measures may be required if, in the opinion of the City Engineer, they are warranted. 4. All temporary erosion control measures shall not be removed until final inspection and approval of the project by the Engineer. It shall be the responsibility of the Contractor to maintain all temporary erosion control structures and to remove each structure as approved by the Engineer. 8.0 LABOR STANDARDS COMPLIANCE SUGGESTED GUIDE FOR LIMITED REVIEW OF LABOR STANDARDS COMPLIANCE Grantee Reviewer Date The following checklist is divided into two parts. Part I is for use in assessing a grantee's general administration of labor standards requirements. Part II provides guidance in reviewing individual contracts for specific labor standards compliance. PART I. ASSESSMENT OF GRANTEE LABOR STANDARDS ADMINISTRATION. 1. Does the grantee have designated staff to ensure compliance with labor standards requirements? Yes_ No Name Questions preceded by an asterisk ( *) are not related to statutory or regulatory requirements, but are only included to assist the reviewer in understanding the grantee's program more fully and /or to identify issues that if not properly addressed could result in deficient performance. Therefore, negative conclusions to asterisked questions may result in a "concern" being raised but not a "finding ". 2. Does the grantee maintain the following documents or information? Needs Yes No Improvement a. Labor standards enforcement file for each construction project b. Construction start date c. Contract award date d. Contract bid specifications with labor standards pro- visions 1 6/89 6509.2 REV -4 EXHIBIT 11 -1 6509.2 REV -4 e. Preconstruction conference minutes f. Contractor eligibility g. Correspondence pertaining to violations and wage restitution h. Apprentice /Trainee registra- tion records i. Records of employee interviews j. Weekly payrolls maintained by project k. Evidence of weekly payroll review *3. Is there a need for technical assistance? PART II. LABOR STANDARDS COMPLIANCE, INDIVIDUAL CONSTRUCTION CONTRACT 1. CONTRACT COMPONENTS a. Are the following elements included in each contract being reviewed? (1) Project number designation (2) Name of contractor (3) Description of work 6/89 2 EXHIBIT 11 -1 Needs Yes No Improvement Not Yes No Applicable (4) Bid opening date (5) Contract award date (6) Contract amount (7)'Start of construction 2. CONTRACT DOCUMENTS a. Are the following documents included in the contract file? Request for wage rate determination Labor standards provisions (HUD 4010) in the contract Wage decision in the contract Verification of contractor eligibility Assurance of compliance with applicable Federal law and regulations 3. PAYROLL REVIEW a. Payrolls submitted weekly? b Payrolls signed by employer or authorized representative? c. Is payroll correspondence in the files? d. Has overtime been paid? 6509.2 REV -4 3 6/89 EXHIBIT 11 -1 Not Yes No Applicable 6509.2 REV -4 4. EMPLOYEE INTERVIEWS a. Were employee interviews (HUD 11's) conducted by the grantee? b. Were a representative number of trades and workers covered? 5. Verify whether worker complaints are handled and resolved in a timely manner; assure labor standards investigations are conducted where appropriate. 6. Verify whether escrow accounts are established and funds withheld to cover labor standards violations. 6/89 4 EXHIBIT 11 -1 Not Yes No Applicable SUGGESTED GUIDE FOR LIMITED REVIEW OF LABOR STANDARDS COMPLIANCE Grantee Reviewer Date Questions preceded by an asterisk ( *) are not related to statutory or regulatory requirements, but are only included to assist the reviewer in understanding the grantee's program more fully and /or to identify issues that if not properly addressed could result in deficient performance. Therefore, negative conclusions to asterisked questions may result in a "concern" being raised but not a "finding ". The following checklist is divided into two parts. Part I is for use in assessing a grantee's general administration of labor standards requirements. Part II provides guidance in reviewing individual contracts for specific labor standards compliance. PART I. ASSESSMENT OF GRANTEE LABOR STANDARDS ADMINISTRATION. 1. Does the grantee have designated staff to ensure compliance with labor standards requirements? Yes No Name 2. Does the grantee maintain the following documents or information? a. Labor standards enforcement file for each construction project b. Construction start date c. Contract award date d. Contract bid specifications with labor standards pro- visions 1 6/89 6509.2 REV -4 EXHIBIT 11 -1 Needs Yes No Improvement 6509.2 REV -4 e. Preconstruction conference minutes f. Contractor eligibility g. Correspondence pertaining to violations and wage restitution h. Apprentice /Trainee registra- tion records i. Records of employee interviews j. Weekly payrolls maintained by project k. Evidence of weekly payroll review *3. Is there a need for technical assistance? EXHIBIT 11 -1 Needs Yes No Improvement PART II. LABOR STANDARDS COMPLIANCE, INDIVIDUAL CONSTRUCTION CONTRACT 1 CONTRACT COMPONENTS Not Yes No Applicable a. Are the following elements included in each contract being reviewed? (1) Project number designation (2) Name of contractor (3) Description of work 6/89 2 (4) Bid opening date (5) Contract award date (6) Contract amount (7)'Start of construction 2. CONTRACT DOCUMENTS a. Are the following documents included in the contract file? (1) Request for wage rate determination (2) Labor standards provisions (HUD 4010) in the contract (3) Wage decision in the contract (4) Verification of contractor eligibility (5) Assurance of compliance with applicable Federal law and regulations 3. PAYROLL REVIEW a. Payrolls submitted weekly? b. Payrolls signed by employer or authorized representative? c. Is payroll correspondence in the files? d. Has overtime been paid? 6509.2 REV -4 3 6/89 EXHIBIT 11 -1 Not Yes No Applicable 6509.2 REV -4 4. EMPLOYEE INTERVIEWS a. Were employee interviews (HUD 11's) conducted by the grantee? b. Were a representative number of trades and workers covered? EXHIBIT 11 -1 Not Yes No Applicable 5. Verify whether worker complaints are handled and resolved in a timely manner; assure labor standards investigations are conducted where appropriate. 6. Verify whether escrow accounts are established and funds withheld to cover labor standards violations. 6/89 4 HUD Home Page: Libor Relations Guidance Table of Contents U.S. Department of Housing and Urban Development Office of Labor Relations Labor Standards Administration and Enforcement Guidelines for HUD Program Participants Special Attention of: Labor Standards Designees Community Development Block Grant Recipients, Public and Indian Housing Authorities, and other Local Contracting Agencies responsible for Labor Standards Administration and Enforcement SL: Distribution: W -3 -1; R -1; R -6; R -7; R -9; SL; 138 -2; 138 -7; CDBG DESK GUIDE LR -II Issued: MAY 1996 Table of Contents PREFACE CHAPTER 1. STATUTORY AND REGULATORY BASES 1 -1 Statutory Provisions a Davis -Bacon Act (DBA) b. Contract Work Hours and Safety Standards Act (CWHSSA) c. Copeland Act (Anti - Kickback Act) 1 -2 Fair Labor Standards Act (FLSA ) 1 -3 Regulatory Provisions CHAPTER 2. LABOR STANDARDS COMPLIANCE PARAMETERS AND RE PORTIN G REQUIREMEN 2 -1 Introduction Cross References: HB 1344.1 Rev 1, Chg 1; DOL Regulations 29 CFR Parts 3 and 5; Labor Relations Letters LR 92 -02, 95 -01 and 96 -01 hnp! /wwwbud.gov /oldolrguid2}nn 1 of 3 8/l0/00 2:51 P? HUD Home Page: Labor Relations Guidance Table of Contents httpJ /www.hudgovfoldolrguid2.bVr. e. Observations and Comments of the Interviewer f. Comparison to CPRs P. Targeted Employee Interviews 3 -6 Proiect CPR Reviews 3 -7 Documenting the Review 3 - Initial Payroll Reviews &. Payroll Format b. Addresses and Social Security Numbers c. Incomplete Payrolls d. Classifications and Wage Rates e. Apprentices and Trainees f. Overtime Hours Worked p. Computations h. Deductions j. Signature k. Comparison of CPRs to HI D -1 1 On -Site Interviews -9 bUll 4' I it n th W 3 -10 Minimum Review Requirements 3 - Ouestionnaires 3 -12 Restitution for Underpayment of Wages a. Notification to the Prime Contractor h. Review of Correction CPR c. ilnfound Workers d. Withholding e Computing Restitution for Apprentices or Trainees 3 -13 Reporting Wage Restitution of S1.000 or More 3 - 14 Falsification of CPRs a. Ratio of Laborers to Mechanics h. Too Few or Irregular Hours c. Discrepancies in Waoe Computations d. Extraordinary Deductions • u __ 3 of 3 8/10/00 231 P� ' HUD Home Page: Labor Relations Guidance Table of Contents hupi /www.hud.gov /oldolrguid2han I 2of3 2 -2 Contract Provisions 2 -3 Responsibility of the Principal Contractor SECTION 1- Compliance Parameters 2 -4 Definitions a. Laborer or Mechanic b. Employee c. Apprentice d. Trainee e. Wages r. Fringe Benefits g. Site of Work b. Overtime 2 -5 Prevailing Wages a. Deductions b. Proper Classification of Work c. Split Classification d Additional Classifications and Wage Rates 2 -6 Use of Apprentices and Trainees a. Registration b Wa0RRate" c. Ratio to Ioumevworkers d. De- certification SECTION 2- Reporting Reauirements 2 -7 Payrolls and Basic Records 2 -8 Certified Payroll Reports a CPR Format b. Submission Requirements c. CPR Preparation d. No Work Payrolls e. Weekly Payroll Certification f. Falsification 2 -9 Inspection of Records and On -Site Interviews 2 -10 Requests by Outside Parties for Payrolls 2 -11 Confidentiality Privacy Act Release b. DOE Investieatory Materials CHAPTER 3. LABOR STANDARDS ADMINISTRATION. COMPLIANCE MONITORING AND ENFORCEMENT 3-1 Introduction SECTION 1 -Basic Resnonsibilities 3 -2 LCA Responsibilities 3 -3 Labor Standards Enforcement Files a. Project Lead Files .n. , .r _r tr,s.. 'R 1 It • EC 0 2 -R ut• m Ilan 3 -4 Routine Project Monitoring- 3-5 On -Site Interviews a. Representative Sample b. Confidentiality c. Place and Minna of Interview tl Completeness of Information Gathered 8/10/002:51 P5 PART II- PROGRAM DAVIS -BACON WAGE RATE MONITORING The City has identified, through its RFP, several major areas for which it would require compliance monitoring. Using CDBG funds for housing construction requires a thorough understanding of Title I of the Housing and Community Development Act of 1974, as amended and of the corresponding Community Development Block Grant Final Rule and the Cranston - Gonzales National Affordable Housing Act (NAHA). Any time federal dollars are used in whole or in part for construction, compliance with Davis -Bacon Wage Rates, or prevailing wage rates as they are known, is required. First, if requested, Contractor will assist the City with wage compliance procedure guidelines; and wage rate decisions obtained from the State, HUD or the Department of Labor. Second, the City will notify Contractor of pertinent information relating to the construction contractor, subcontractors, wage decisions and dates of the preconstruction conference and the approximate construction start date. Upon receipt of above information, the Contractor will forward a project start-up package to each construction contractor identified. The package will include procedural guidelines and provides forms that are required to be submitted to the Contractor at the Pre - construction conference. The Contractor shall prepare and maintain the project labor-standards enforcement file and shall maintain it for the duration of the project. The Contractor shall conduct, with a city- representative in attendance, a Pre - construction conference. General and Subcontractors will be provided with both city and federal wage compliance Acts, requirements and procedures. The Contractor shall also supply payroll reports and statement of compliance fortes to all construction contractors and the city and will collect all required set -up information forms. The Contractor shall prepare and issue the conference minutes to all attendees. A copy of the minutes shall also be placed in the project labor standards enforcement file. The Contractor shall notify the local HUD office of the start of construction. The contractor will get a 10-day call from the local HUD office. Contractor will verify that all apprentices have been properiy registered in an apprenticeship or training program approved by DOL. The Contractor will verify with DOL Employment and Training Administration that any trainees hold a formal certification showing registration in an approved program. Third, Contractor will ensure that Audit procedures outlined in the RFP are complied with. The General contractor shall submit to the Contractor certified payroll reports within five days of the completion of the work week. Upon receipt, Contractor will formally examine and review to confirm that the payroll is complete including employee information for each worker reported on the payroll; classifications and wage rates are correct including determination of overtime hours and wages; fringe benefits have been paid or are to be paid to the appropriate party; that only the permissible deductions have been deducted; all computations are correct and the statement of compliance is signed by the appropriate officer of the construction contractor; Contractor will forward the results of each weeks exam to the City and the General contractor and will document any discrepancies which will require action by the General or Subcontractors. 1 1 In addition to the Audit procedures outlined above, Contractor will comply with additional compliance methods outlined in the City's RFP. Upon receipt of disbursement authorization, Contractor will notify City's representative if any outstanding certified payrolls not yet been I received or have unresolved violations; Contractor will conduct on -site interviews for the General contractor and each subcontractor during the construction period, unless mail interviews are requested by the City. We consider this to be preferable to sporadic mail interviews; Contractor 1 will, upon receipt from the City of a daily worker classification count, compare the count to the payroll information received and document by notice any discrepancies to the City. 1 Fourth, Contractor will perform the required Close -Out procedures identified in the City's RFP. Contractor will notify the HUD office of the completion date upon construction I completion; Contractor will prepare and forward to the City a Davis -Bacon Project Summary Report including copies of notification to HUD of the start and completion of the project; Services provided by Contractor during the Pre - Construction and Construction phase; a summary I of arTrtvage discrepancies and resolutions affecting the project; and Dates interviews-were conducted with any wage discrepancies identified. 1 SECTION 3 REPORTING Section 3 of the Housing and Urban Development act of 1968, as amended provides for I training and employment opportunities, to the extent possible, be made available to Lower- income residents of the project area and to provide contracts with CDBG funded projects to businesses located in the project area or to businesses owned, in substantial part, by residents of the project 1 area. To ensure Section 3 compliance, the City will be required to notify Contractor of 1 proposed construction activities, prior to bidding projects, so that Contractor can discuss the need for Section 3 reporting and make sure that the required documents are included in the 1 advertisements and bid documents. Contractor will then compile any needed Section 3 documents into the project start-up packages and will ensure that Section 3 is discussed during the pre - construction conference. Contractor will also request from each contractor and sub - 1 contractor, a copy of his local opportunity plan, will maintain it in the project files, and will notify City should there be any deficiencies related to receipt of or content of the local opportunity plans. 1 IMPLEMENTATION 1 Several steps must be undertaken to comply with HUD's requirements when using CDBG dollars for construction. Wage rates must be obtained, eligibility of contractors must be determined, payroll review must be performed to name a few. Following are the steps that 1 Contractor proposes to take to meet the requirements of the CDBG program and the City's RFP including many of the forms that Contractor is proposing to use to comply with this contract: 1 1. Contractor will request wage rates for the project identified by the City using HUD's form 308. (See Exhibit A). 1 1 2. Subsequent to bid award and notice by the City, project start-up packages will be forwarded to the General and each of the Subcontractors. A sample of the forms to be sent to is included as Exhibit B. 3. The above information will be maintained by Contractor in the project files. 4. Contractor will conduct the pre - construction conference with the General and Subcontractors and a representative from the city. Sample meeting notes and agenda items are attached as Exhibit C, D and E. As Section 3 relates to construction activities, the City must ensure that to the extent possible, fans in the targeted area are given proper notice of the projects, and are encouraged to submit bids for the projects, and when qualified, are awarded contracts for CDBG projects. As such, the Contractor will assist the City with: a. Provide copies of verbiage for procurement notices for CDBG construction related activities, when requested, and maintain copies of the notices published for the projects identified by the City when notified by the City. b. If asked, will work with City's CDBG staff to ensure that companies in the project area are given proper notification of proposed projects. c. Will advise the City staff of verbiage to be used in contract documents to ensure compliance with Section 3 (Exhibit F1 -2). d. Give the City's staff examples of other Section 3 programs utilized elsewhere for possible implementation in Austin. e. Provide sample community based notification letters for use by the City's procurement department. (Exhibit F3) f. If required, Contractor will provide a sample (Exhibit F4) of a format to be used by the construction contractors to document the income levels of their staff. Contractor will maintain files for records of correspondence concerning Section 3 related complaints, if requested. g. h. Contractor will also assist the City with implementing other Section 3 programs, if requested, on an as needed basis. f•. M. N, N — — — — — I — — — — — 1• MN • MB Davis -Bacon Determination of Prevailing Wage Rates U.S. Department of Labor Employment Standards Administration Wage and Hour Division The material presented in this publication will show how Davis -Bacon prevailing wage rates are determined (Section I) and provide detailed instructions for completing the WD -10 form (Section II). For additional information, visit our web site at www. dol. gov/ doJesa /public/programs/dbra/index.html Section I How Davis -Bacon Prevailing Wage Rates are Determined 1. The Federal government funds billions of dollars in construction contracts each year. The Davis -Bacon Act requires that workers on these contracts be paid the prevailing rate. 2. How are prevailing rates determined? The Wage and Hour Division of the U.S. Department of Labor (DOL) utilizes its Regional Offices to collect payroll data. These are data that construction contractors and other interested parties submit in confidence on Form WD -10. DOL makes wage rate determinations based on the governing Regulations of the Davis -Bacon Act. Your full and honest participation in Davis -Bacon surveys is essential to the accurate determination of prevailing rates. Remember, your wage rate information can not be considered if you fail to provide proper data for a Davis - Bacon survey. 3. For the purposes of Davis -Bacon wage determinations, construction is grouped into four major construction types: • Commercial Building Construction is the construction of sheltered enclosures with walk -in access for the purpose of housing persons, machinery, equipment, or supplies. • Highway Construction includes the construction of roads, streets, highways and other similar projects. • Residential Construction involves the construction of single family houses or apartment buildings of no more than four stories. • Heavy Construction is a catch -all grouping that includes projects not properly classified under the other three types of construction. 4. Areas selected for surveys are based on the following criteria: • The age of the previous survey in the area. • The number of construction projects and their value. • Anticipated Federal construction plans. • Suggestions from contractors, associations, building trade unions, and other interested parties. Page 1 — — — — — IIIMIMMNIIMIIIN S. Once an area is selected for review the survey is defined by: • Type of construction • Geographic area • Time period How a Davis -Bacon Survey is conducted 6. The Department of Labor goes by the book in determining wage rates. The book in this case is the "Davis Bacon Construction Wage Determinations Manual of Operations" which prescribes in complete detail the steps for collecting data and how it is to be evaluated. The Department of Labor's wage determination procedures may be summarized in seven steps. Step 1 The Regional Office notifies national and local interested parties of the survey, its scope, and the survey cut -off date. This is the date after which no survey wage data will be accepted. Step 2 The Regional Office requests wage data from all contractors and subcontractors. Each contractor and subcontractor is requested to fill out Form WD -10 or a comparable document providing the specified information. Other interested parties also may submit information, all of which is held in strict confidence. Only information postmarked by the cut -off date can be included in the survey. No exceptions are made. Section II provides a sample Form WD -10 and instructions for completing the form. Step 3 The Regional Office follows up with non - responding contractors, and clarifies ambiguous and/or inconsistent data with responding contractors. Page 2 MI O NM O — — — = OM I N = — — — I = = Step 4 The Regional Office analyzes and tabulates wage and fringe benefit data, and determines the adequacy of data provided, and formalizes the survey results. The rates are computed using either the wages paid to a majority of workers in each classification or if no majority exists, the weighted average. Step 5 Before surveys are submitted to National Office and new prevailing rates issued, each piece of payroll data collected is thoroughly tested to make sure that: • Data were postmarked by the cut -off date. • The associated projects were active during the survey timeframe. • Data are from projects in the proper construction category. • Data are from construction in the prescribed geographic area. • Data verification were conducted. Step 6 If data submitted fail to pass any of these tests, or any other test specified in the Davis -Bacon manual, such data are not used. Step 7 The National Office evaluates the survey results and then issues the prevailing wage rates from that survey. 7. There are two ways to issue the prevailing rate: General Wage Determinations reflect rates for a given location and type of construction where there will be a recurring need for determined rates. Such determinations are published in General Wage Determinations Issued Under the Davis -Bacon and Related Acts, with notice in the Federal Register, or electronically from National Technical Information Service (NTIS). General Wage Decisions contain no expiration date and remain in effect until changed. Project Wage Determinations are issued at the specific request of a contracting agency; are applicable to the named project only; and expire 180 calendar days from the date of issuance, if not used in a contract. Page 3 8. After contract award, the contracting agency may request the Wage and Hour Administrator to add a needed classification and wage rate to the wage determination for that contract. Such an action is called a "conformance" or "additional classification ". Every conformance request is analyzed to verify that the following criteria have been met: • The work to be performed is not performed by a classification already in the wage determination. • There is information to indicate that the classification is utilized in the area by the construction industry. • The proposed wage rate, including any bona fide fringe benefits, are conformable; i.e., bear a reasonable relationship to the wage rates in the determination. • There is agreement indicated among the parties involved. • The request is not for apprentices or trainees. 9. How to appeal a. Has there been an initial decision in the matter? This can be: • An existing published wage determination. • A survey underlying a wage determination. • A Wage and Hour Division letter setting forth a position on a wage determination matter. • A conformance (additional classification and rate ruling). On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 9b and 9c 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, D.C. 20210 Page 4 b. If the answer to the question in 9a 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, D.C. 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. c. 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, D.C. 20210 d. All decisions by the Administrative Review Board are final. e. Interested persons include contractors, contractor associations, construction workers (laborers and mechanics), labor unions, and Federal, State and local agencies. 10. Now that you understand the process, here is what you can do to help: • Inform your constituents, contractors, or other interested parties of upcoming surveys and encourage their full participation. • Provide assistance in seeing that survey forms are properly completed. Page 5 ow um ow we — — — — — — — — — — — No = am I 11. And... • Make sure that completed forms are returned to the surveying office well before the survey cutoff date. Please keep in mind that ... • The Wage and Hour Division Regional Office staff determines prevailing wages in accordance with the Davis -Bacon Regulations and established procedures. • Only forms postmarked by the cut -off date can be used. • Accurate determinations depend upon you providing accurate payroll data. • Data from your contracts can affect the prevailing wage rates in your area. • The data you provide will help determine the Davis -Bacon rates your workers will receive. 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O., O u... 0 0 wm C .. -; O 0 0... 0.7 07777 On. 0w. 0>w.. 0r- O...e, - N — s UM •- • — • • — — — — — OM = • Sectionll Instructions for Completing the Report of Construction Contractor's Wage Rates Davis -Bacon Wage Survey The Report of Construction Contractor's Wage Rates form is used by the U.S. Department of Labor (DOL) to determine the locally prevailing wage rates under the Davis -Bacon and related Acts. The Department estimates that it will take approximately 20 minutes to complete this form. This form is machine readable, therefore it should not be photo copied. Hand- printed letters/numbers are to be placed in the white boxes, and circles are to be filled in, where appropriate. If a typewriter or printer is used to complete this form, you do not have to worry about inserting the letter /number exactly in the white box. If DOL has the name and address of contractors, then that information will appear above the white boxes. The following sample shows a blank Item 1 from WD -10. In this section, the contractor /subcontractor would fill in the data for each field. NAME OFCON'rRACTOR/SUBCONTRACTOR ADDRCSS .iimmo ,,,,,,,,,,,,,,,,,,,, crl'Y .iiiU ,,,,,,,,,,,,,,,,,,,,,, STATE 7IPCODE uiuu 1111 PFTONF. 111 1■■ 1111 EXT 111■ Page 9 MN M M — — — — — — — MN —. = NM M In this example, the contractor /subcontractor's name, and address was known and the WD -10 that they received for completion will display the data captured by the Davis -Bacon Program. This example displays data for Miller and Son's Home Renovations. Corrections to the data are entered into the white boxes. MILLER & SON'S HOME RENOVATIONS 1111111111111111111111111111 7653 COURTHOUSE ROAD 1111111111111111111111111111 GAHIIERSBURG 1111111■1■1111■11■111111111■ MI) 2.0877 11 1111 11111 301 - 555 -4413 EXT. Page 10 M I •> I M = "MTh UM OM EN NM M N M M ITEM 1 In Item 1, fill in the full name, address, and telephone number of your company performing the work. Use a separate WD -10 for each project on which you have worked. YAMS OF CONTRACT(1RlS1,'dCONTI2A('T(1 AUORRSS CITY !��IUmmmmUN ................ STATE ZIPCODE PIIONE MOM Mil MMINHAIMIN Page 11 MI MI PM MO I — — — — — — NM NM E In Item 2, provide the name of the project and complete project address. ITEM 2 Include the name of the General/Prime Contractor if different from Item 1. RJI.L NANO OF PROIISCT ............................ ADDRL' ... ST � ........................ ADDRESS 2 . ........................... L D'Y ........ . .................. S'rAIF. COUNTY •. m ........................ NAME OF CE; LRAL 2 HIM6 CON'rHACTOH ............................ Page 12 M NW ! NM N NM NM I NM ME = MI MN NM NM O ITEM 3 In Item 3A, if the contractor has subcontractors engaged on this project complete the Addendum to Form WD -10 and provide the name, address, and telephone number of each subcontractor engaged on this project . Each of these subcontractors will then be sent a Form WD-10. Do not include those firms that supply materials only. Indicate if the list of subcontractors is being returned with this form or if it was provided earlier. In Item 3B, if you are a General or Prime Contractor, record the date that any work started on this project, the completion date of the project and indicate if it is the actual (already completed) or an estimated date, and the approximate dollar value of the entire project. In Item 3, indicate whether the contractor is a General or Prime Contractor, or a subcontractor. If you are a General or Prime Contractor, complete 3A and 3B and complete the Addendum to Form WD -10 (provided at the end of Section II). On Addendum to Form WD -10 provide the name, address, and phone number for your subcontractors involved on each project for which you are submitting a WD -10. If you are a subcontractor, complete 3C and enter the name and address of the General or Prime Contractor, as well as any lower tier subcontractor, on the Addendum to Form WD -10. 0 000 0000 o©0° Mil NO 000 0 0 a • © ©D D l9©©© ©MCCZ©©© • IMO iuu uui • • • 0 0 Page 13 In Item 3C, if you are a subcontractor, record the date that you started work on this project, the completion date of the project and indicate if it is the actual (already completed) or estimated date, and the approximate dollar value of your subcontract. ITEM 4 In Item 4, indicate whether the funding source of the project was Federal, Private, State, Unknown, or Other. More than one source can be indicated. If you selected Other, please indicate what type of funding source in the spaces provided. • • • • t■iiillIII■t■■Il ■ 11111111 Page 14 I In I•: I N BM I• — — — — — M M In = I= I = ITEM 5 In Item 5, indicate the type of construction being reported (i.e., Buildi Residential, Highway, or Heavy) and all relevant descriptors (e.g., dorm, bike path). • • i■■■■i■�■i ■�■ ■i■ ■■�■■■■ ■nn • 1111© • • ■ •1111 •■ •■ ■1111■ ■ ■ ■■ ■1111 • 1111 ■ • • • • ■■■■■■■■ •1111 •1111■• ■■■■■■■■■■■■■■■■■■■■■■■ • • • • • • • • •1111■■ •1111 •1111 •1111 ■ •■ ■ Page 15 ITEM 6 In Item 6, indicate the job titles of all workers /persons employed on the project (e.g., Carpenters, Electricians) and the type of work performed (e.g., power equipment operated, type of laborer). Exclude apprentices in approved programs, and trainees in formal programs. For each classification, indicate whether the contractor is signatory to a collective bargaining agreement (CBA) by filling in the circle under the CBA column. Classification iii iusuu......u... T e of Work Pcdarmed C'13 A • Page 16 ITEM 7 In Item 7, for each classification, provide the number of workers employed during the peak week. Enter the ending date, in MMDDYYYY format, of the work week in which the largest number of that classification worked on the project (peak week). If more than one wage rate was paid to these workers, a second classification should be entered (Item 6) and different rates should be entered for each job title classification. 7. Indicate the peak number of employees and work week ending date for the peak week per classification. No of Employees iI Page 17 In M - -• MN I I NM O NM MI I= MI NM NM = ITEM 8 In Item 8, furnish the basic hourly rate of pay for each worker or classification. 8. Provide the basic hourly rate paid for each classification. Page 18 O — — - — — — — - I N - - - — • MI ITEM 9 Health & Welfare - Medical or hospital care, or insurance to provide: supplemental unemployment benefits, life insurance, long or short term disability, sickness or accident insurance. Enter the amount and indicate if it is a percentage of basic hourly rate or total dollars paid per worker. If a total dollar amount is paid, indicate how it is paid. Ikalth & Welfare (-) % of basic hourly rate �T tal$perw9� er by: Hour Y Day 0 Week ((CCCJ7777 Month ...0 0 In I tem 9, Fringe Benefits are those costs paid by the employer (i.e., Health & Welfare, Pension, Vacation Plus Holiday, Apprentice Training, and Additional) and do not include payments required by either Federal, State, or local law such as worker's compensation or unemployment insurance. Pension - Retirement. 40IK, defined contribution plans (including savings and thrift, deferred profit - sharing and money purchase pension), annuity cost. or cost of insurance to provide such a benefit Enter the amount and indicate if it is a percentage of basic hourly rate or total dollars paid per worker. If a total dollar amount is paid, indicate bow it is paid. • IuIU 0 El te{usiOn (4OIK + Annuity +OQhcrl v of basic hourly rare •TA. al $ per w er by: Hour Day O Week V Month Apprentice Training - Defrayment oldie cost of apprenticeship or similar training programs. Enter the amount and indicate if it is a percentage of basic hourly rate or total dollars paid per worker. If a total dollar amount is paid, indicate how it is paid. � Prentice Training y.% of basic hourly rate � T�(al $ per taker by: • Hour v Day 0 Week 0Month Page 19 Vacation Plus Holiday - The payment of compensation for holidays and vacation taken. Enter the amount and indicate if it is a percentage of basic hourly rate or total dollars paid per worker. If a total dollar amount is paid. indicate how it is paid. • VAcation Plus Holiday % of basic hourly rate T aI $ per wp4 ee by: Hour V Day OWeek ()Month O Totaal it days per year Additional - If you are not sure of the category that the fringe benefit(s) fit into, enter the costs in the Additional Fringe column and indicate the type of fringes in the Additional Fringe section. Enter the amount and indicate if it is a percentage of haste hourly rare or fowl dollars paid per worker. If a total dollar amount is paid, indicate how it is paid. Additional (Plc,. lit, Ink.l l.1 % of basic hourly rate • Taal $ per w94er by Hour Day Week Month 0 ,,I #.. ear ■M■ ©d Additional Fringe: ©000 ©211©11111111111 n I IM EM M EN NM MO M NM MI I• I• MO INE ITEM 10 If necessary, clarifications may be provided in the Remarks box Item 10. Page 20 I MI MI NM MI MI • • MB I= OM M - - -= NM M ITEM 11 Item 11 should provide the name, title, organization, and signature of the official or interested party responsible for submitting the survey information. Provide that individual's telephone number where they may be reached during regular work hours. If DOL cannot contact someone to clarify data on the WD -10, the data cannot be used in the survey findings. Space is provided for a fax number. Include the date on which the completed Form WD -10 is transmitted to the office conducting the survey. 11. Submitted By Only supplied materials Title I UIPUA��l�.■.■..■.....■■ Organization . . . . . . . . .. . . . . . . . . . . . . . DateReportSubmitted © M U ° 0 0 TelephoneNumber E14111311 1r0 ©0 FAXNumber ■.H.H..■ Signature Page 21 ,du,1•1D -1O I • u — we me I INI - • :• - !I!! ADOCNIDIA■ To DAVIS- BACON WAGE SURVEY SIDE 1 1. Please identify by name, address, phone number, your subcontractors involved on each project for which a WD -10 is being submitted 2. Please PRINT each character into the white box with black/blue pen or TYPE information into the white boxes. Page 22 I • MN • — — = = En — — — — — • U.S. DEPARTMENT OF LABOR TO now, wo -1o, ow• No. 1 s 1 000+s DAVIS' BACON WAGE SURVEY BIDE 2 1. Please identify by name, address, phone number, your subcontractors involved on each project for which a WD -10 is being submitted 2. Please PRINT each character into the white box with black/blue pen or TYPE information into the white boxes. Ma MN MN • Addendum to WD -10. rn � — . pa AFIF1aRCV S rtTr PFIONI 111111111 TVPF.f1F WORK . . Page 23 MB I — — — M IM I — — — — • DAVIS BACON WAGE SURVEY 1. Please identify by name, address, phone number, your subcontractors involved on each project for which a WD -10 is being submitted 2. Please PRINT each character into the white box with black/blue pen or TYPE information into the white boxes. Page 24 f. 7 MINI On • liequcst For Wage Determination Anil Response To Request (D..L Dace. Act as Amended end Refined Swum! FOR DEPARTMENT OF LABOR DSE Response To outwit [1 Use Brea delermMtttan head for llda ate. (, IM ellachnl teacakes noted blow eepplka le so Pod PaaKel Ikcnlnw NaMn Dale of Decision t ' Soper/edee Melaka, Nnel•b. A eprurd 305 -104 HSU /50 -00. 105 -00fe Mad You. Request Tat LABOR STANDARDS OFFICER TEXAS DEPARTMENT OF COMMERCE P.O. BOX 12728. CAPITAL. STATION AUSTIN. TX 78711 Req O11ker 'Wed name and dente rdl Ueprhne.l. Aeu,ey.or Bore.' Date o1 Request r L De.crlpllon of Work Pk spetrlli l !Print w .Y0.1 f.• U.S. Department of Labor Employment Sundaes). Adenlaht..0on Wage end hour Pension EHN,.Id Arherridne Val. • Prior Redskin Numb. 0/ .0 f stknald S Value al Ca• +Hncl 1_1 Undei x ► 111 In 5 1F , s.1Ma Lloe.61.:., Adelson se which weep delat,.aalian 1.add Ise mailed, IPrml qr tvr I Location er Protect ICOY. County. S /11e. ZiP C.44 661.6 a•.«rrwlrM alma NM-4a4 Pknne NOMA. Feltm.;.d aid Planate Oar I vim nl Weak i.III Llllnl.w..y ;TUMULI. 1 — MB — 1 • J I TCDr CONTRACT Ho CHECK OR LIST CI1.1F 15191 11)L1 (AUxh eonunuareg ,heel .1 n...drd' A,11e■101 ..al aal.un.kere — Cement., C.+nent nu,nm - Ewe r„Ci - G L.,.m greed', e:.a - . Brie Mayne Conlon .__ ►Wb'e A we tenr.l.:eta wan e Fa.nlen Ned, veeraen ._ Plaue.... Mantas ._ Iloolr..l Shell meld Wall 0., Solt Once 1 ►.e.1 Srnml,Rer. Welder/ –rile 1a. clan _ Truck d.ivell ._ Power equipment npe. aro.c Mato (y IYperl Oda• Coolly Sundae Foam 308 111.. Mae 178S1 U.S. nrpul.nenl al L alma .19 Celt' M — — — MN • — y — I —. — — — I ell OM u f ova.MINI d u•... ...r n [wu•nu• NI ...[ .00•a./ ••0 yr[o...NCao• 1 $ (.W WWI [.O•.0 IN INOOK CWWKa..O.. PAYROLL ph. C..1.•n. /. O,I$...4 U..i S•• I...$..$* . l•... MN. ]U Mali .DO.n. .N W1 N9 Page ,.A., w. ..,...,o, ....ru.c+.Irr.mro14Waif I1 UOI !III ,urr nrnnc VIII Mal .00.141 ..0[Or 00. .N NM. 07:11 0.O.f MaraNall 4.M.Y new 2501 -0007 Nat On. gab O.O.K00..• .a..• INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendnen: of the Davis - Bacon Act to include fringe benefits provisions. Under this amended law. the contractor is required to pay fringe benefits as predetermined by the Department of Labor. in addi• tion to payment of the minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds. or programs or by mak- ing these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his Payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent to the statement of compliance that be is paving to others fringes required by the contr_ct and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who Day all required fringe benefits: A contractor who pays fringe benefits to approved plans. funds. or programs in amounts no( less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds. or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each Classi- fication in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column. thus S3.251.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c). Exceptions Any contractor who is making payment to approved plans. funds. or programs in amounts less than the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b). whichever the contactor may check. shall be entered in Section 4(c). Enter in the Exception column the craft. and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes.and the hourly amount paid to plans. funds. or programs as fringes. .. creme•••••• ..,. r •••.er ,n.. — .1.... For We be the 5upermtendenr of Documents. L'.5 Government P:-tIns O-1cr Washmnson. D C. 20402 - Pnce 31 2% per pad of to:- ... '"'"=".."' � . t 1 t i . .,.=..... _ _ , tl Z S IIGI� r�a'� n a oac..o v ., ,.wn ea. ar.r okir ywr uu ... v slop . C41. o _ ... . 0 1£ Pi .o-.. ...�. ..., ail ha L!i / /.vyy 999 Eve.-1 P/e[e J6d. Sd' naW� T✓ _ 372- 72.4f4�— it 5 /[c /rci nn • - - - if � – – - – – – – IQ L – – � AL — /5oa lain — � D 0 0 . . a . 78 �• / /. °J ow. 11 J37.7B 41722 lra it wl' ,r T er,ice • mc l howl' r.. / ati ..4 er W. . da pr.- ✓ee r • . t.tai —attar AL7in . • eirtter TA-5 rvv cr wr fii-JI p yro// urr_ 1 e � eirasarilod Of WON ■■•■■ Of cw...c,o. r o. w.u.r,..c _Mdtfer F /re7 rt2 3 I I°' Fe%ru/a r l 22 /9 _ 4/- err teFUrdlJecuri J HwrQer Ore reyaired.. . • the f id time the Writer nage cifredrs eft the rdf.+/t • W4u•rrr /.te 619.4er o•rej L. 2 oral definers PAYROLL Per C.n,...l... O0..1U 4 Se* I.d...Y.. 1.... VIII- 20 leoI (frerc dCClient) L3S .,, / 3,1�/i r 7 r +u ccT t �,� r Zia / +f �rSL�t 13r�� •,� r) - OC2s� Overtime TJyre //s rmisf he hurer6ertrJse uenf /d //f, , , • Write 14. creed '/74 gC d/fEr e/re •hou 1 04 1 Win/ o.rt number err y. ✓r /rut . /...7,4// ercerrie te week ra // d Vn In .e eek r .�e J_,..� »J J f. r ..er tr r✓ar ee.,6..sed 1'!7 • tote / Dverf %•re C/do fc +f..r' A. be /1. / /eI cn .11 It dfrears en 14e .J.r .✓t/fr,,.rn d, Olt .. . • re e/risr/ie.rf •• u l4.- d fb,.,e• erat,, ir. D r rnn/c ;fe tyoc r J%Ye fmrie`•. Jer, ?1 . Specify I r • Lyre f �%d.,cf • toc r/ d rdulclidrrl.rl. 4 t /.1 /,.1°Jnes tnf:. •r,orl e c/r d'erArc.rfwq . d net , c4-4 rr r 7 /t L S s..e - .d 1.41/ d4f. W,/I.e // /.a,. 1� .- t.t•. / Tad 04110e, J4...4/ ef.1•/ /Lc f t4/ ry vtw.,n 9 N - - -- MN MO NM UM M Vino to a k ? yr I/ &nn �M sr[hin) r lAmEbl- {�P�h�.. w • ea • /tLgM6 Yrr• �..�... M �•_• emu •_ w u .•• . . .r.•.•.�...r.M•••r• � • ....a...0 � ... wo woe. am.. •...m.o. r r. •r.r w.••ww• ∎w•w_.■•r•.w••.... —.. w •• T 1, ltrrffr Jn I4+ ei gr./tacks bear/if R Nrf yvid i /I!IMJta ,yPe o Marc/ /payoras/ Ca 6) o 611 0.__.. SJneent vl,td Mr . • d In ink. pna/ / n n1.sbolft 'ar ft-my) tra/ISnnArd 4'. 7p.✓ • • a INN — — — — — 0 51--/dW ¢ea F7ba _t II OW.MINI. ;Mlit AZ1 4. 22 0.2 !GL L4 ?ZZ ~ .T ALAI a • when efn • le ee u/orAt ea My 1% /P PA R011 If.'Cul...l...O,Ww.IU.. S • WII.141 Y..II C/41J f -1-1_1Z1-1-1_ ? Lf-1L u..., la�� + ' LQUQ11BL 1__ AL 6. 81 • • S7•rc. y tyke o> eksiiFcdEion Aleek rack • Irce,.- / e .nc •,,e • ha // A- 2 hest.] On 7i ur-r 'or wor.f M =Sri.f pr..Jfc� • spe..e li-n o of/•e.- elec t`s (ser Col•mrt 7 JS%ro.✓s .. . do dal..w..t' ea nc� gevir, 4ar.f" an ZfZ4D b Lr CM) 74.'4 / • -i'" 429.40 71, •14gr1i or- -Jocie/ fecari / e.I 1 ' d becdwe n.lUrr..d /orr = I 12i PtiJ 4 / r/ 4J I l r ■ Lowe "MAIO. i .LX�L ° —�rcz OM • —•.— rlc%c is ,» tr/' /rr/ / on rr)e c/ekr/niadirn.! 317. d ..mu t fe . , cc/ o n j4'J pntkcr d`e/W..r carnet/ c.. d// rL /h 4 dc�.j th aiec .t- 1-10 O e . • 1 • dpppk. e'7flcc u..41.9 es • d✓ert nie invc /r C -' d j r k f a/e f . .... • ,.. w ....a+ . .ar •,.... u a w,.•w.w, u..•.• g sR,} i At 2 4 •/t 2 ~ JOItd•:O/LCOettt rag 13 cifez zz �,� /1r 1..101 Ql2[I21 1413001,1..101101O . ... II .N .w• q.• ye u Xeadt7 Pd Yd / _ PPbe? J /dunt"— ; -/„aa Pdra/,op show. d/` eke Cidsfifriea .Show _act- rercent..ie 0.7 firJi1 /'o // e,/ l.. A rep eZ dlysc.47,ei Cer /•� �Piarrns• 4-74 .tr /a.f s, I.V/C) q/yren /ic ov C r enftr 40X safe f •r C.••...r.r • Opi .••I U•. f•. 1.••....Y.. f.w• W H • 747 lost) 1 PAYROLL 10120 AA.,eh Aeediac n.,/le .•a•c r •w•.xuw. G Lt 5 0 3,00 35.09 SS. * 92J Rac V017Pr -t &JU/7tOX dl//WJ /7 show. 1✓o.-i v; oh/7 e'jtt /..••I•t o•a !/n� Ge7i- .7� b< a / 6cc< S /iir/ 2J.+•k f. ,dA/ /'.•1%d.f deck- S�fet�- �f�ei�•�v� 4: 0110..0 nO■el INN -- ...WO ' . .. CL — Q(Q[ duct I Q_2.7 _ dnr„ b/Jel e.2o 9g11 Mier) c%U LIP_ 11183 gE3.8L atmes C{nr 10 rt ore,. Tr'n! ry✓ CJ../ •. 12 I,o I rcihcc/ei/ur.fr/ !r 1, .3 p.1 In Ino. - 7 a., /d:_/y 19 ale wecti . llr.i /r .•., /4.4,« L. / r CNN-4-S — - 1t ,eneE•fl i�'� 8 4 ryjy {T Ycoo. • om Ver•e � fl u,nrks ch 17101 jm fo r w , es, if erne .y t he wrP /c o ,f ime `t o ne c tsrfrcdtion orin9 �*^ � /tdn ee r»ores __--- • when an -- 1 � . O { I I y.•III i...I. K.In., III 010 nes ,� - drre , o dt •• Morc since ✓ st L /du f t d" a t' "y • Inc �s lh• ires . arcs each cla fd al • hare t Worker/ don S •i / � �J� y tin d1Mc/t `� s �� . a7/ y J�fer • 8.17•041 „' t 4 - - 4966 �!`z ` 1 -- _fin .B_YZ 4 0 . 3 {rrN �� - - �ylQin: q e ' "°� =1 --' AO_ J •J _ -L5.51 243.2.2 - - - - . �, -_412 $. 93 3zf�H 2�� 36. _— ' e 0Aere Auif.n • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYROLL DEDUCTION AUTHORIZATION Project: Contract No.: I hereby authorize to deduct $ from by paycheck. This deduction is for: (Check a p p r o p r i a t e blank(s).) - -- Retirement Advance on wages Savings Savings Bonds Uniforms Loan Repayment This deduction is to be made: (Check appropriate blank) One time only _ Weekly Monthly _ For weeks Other: Employee's Name: Employee's Signature: Credit Union Profit Sharing Charitable Donations Insurance Premiums Union Dues Other: Date 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 CERTIFICATE APPOINTING OFFICER TO SUPERVISE PAYROLL NOTE: This certificate must be executed by an authorized officer of a corporation by a member of a partnership, or the sole owner and submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the it payroll for which the new appointee executes a statement of compliance required by the Copeland Act. Firm: - Proj Date: Contract No.: I do hereby certify that I am (the prime /a sub -) contractor on the above project, and that I have appointed whose signature appears below, to supervise the payment of my employees. I further certify that he /she is in the position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the Copeland "Anti- Kickback" Act which he /she is to execute with my full authority and approval until such time as I submit to the City /County a new certificate appointing some other person for the purposes hereinabove stated. Identifying Signature of Appointee: Appointing Officer: Title: 1 1 1 1 1 1 1 1 • 1 1 1 1 1 Record of Employee Interview Labor Standards Proem Nvw•a, 'repo I4np 1. Nam. a (moon. 3. Nam. a04r111 100 Lo G0. 3 Lau 0.,. rev 11.■ 40 Me1411.1W. T44n2 • rave 104417 Ph 0ua+ 3. rev Je0 Clanviananti 6 Tb1 Dee.? ?. Tool a 10VII .n1 Wee S. new .1 Law. tow err C11.•11n M M .••■ waned on Wean o .0 in a 1.../ le swoon/ Ur 0I ■ nu mewed. tn1 "rwarre.a+. 1. 111 T7144. Menlo. r Coned vie 0w.q 710 •e7 PM M Pry? 10. Dra.. 0004004 ar a.o..44r 11. &mem (C.nr w1 T mow 1,rle1a. 12. ipeM. M Mon net Payroll Examination 13. 0unar0 (Crowe 101 ,0414 / 40tu$1'1 16 Spnmwa o Ptpw (lame Department of 1.ovsog arid Urban Development $ 0).49 Approval No 2501.0009 (Ex: 14.00.831 000v1ma o Svxovnou ((moan•) 1004144 0 erlr•S 1001414 on •NMI, on 1001 0.1 C.n1.n0 r Cr.uualal. Due � of N. aoa.mel I I_ I Tel 1 Mel Ne ! 1 OY. M Women Prevraus E0luon 103 03aolate 14U0.11 (1.161 6 -10 • NarICE 10 ALL EMPLOYEES Working on Federal or Federally Financed construction Projects MINIMUM WAGES OVERTIME ,APPRENTICES PROPER PAY You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. You must be paid not less than one and one -half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive roper pay, contact the Contracting Officer listed below: or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration U 5 0foInmem 01 lanor ( . y$M-. 5n' : La......SMOKY. 1 1 1 1 1 1 1 1 1 1 1 1 1PL B - EN TR %UA.JOS DE 1:11\STIUG.fI IN F1:111:I;ALES 0 FlNA\CIa11OS '01: E1. 1:11IU1;RNO F1:UCIt I A usted tienen que pagarle no menus eel salvia clue aoarece en la lista clue acompaha este aviso para to clase de traoalo que esta hacienda. A usted tienen clue pagarle no menus de tiempo y media de su Salado regular per t0daa las horas de amnia que exceden ce 8 horas al die o de 40 a la semana — it total que sea mayor. Los salartos para aarendices se Wigan sdlamente a los aprend- ices que estan debtdamente matriculados en pragramas de aprendilaje aarobados por el gooierno Iederal o estatal. Si usted no recibe un salaries debido. comuniauese con el 0ltctat contratante nombrado a continuactdn: o odncase en contacto con la olicina may prdxima ce Is Division ce Floras y Salaries del Departamento del Trabajo. La dtvlsidn ttene otictnas en cientos de ciudadeS por todo el pals. Adatecen en la mayoria ae las gutas tetelontcas balo United States Government. Emoloyment Standaros Administration. wage anc Hour Division. 3i1 Title 29 —LABOR Subtitle A-- Office of the Secretary of Labor PART 3— CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES SK. 3.1 Purpose and 3C OM 3.2 Definitions. 3.3 weekly statement with respect to payment of watts. 3.4 Submission of weekly statements and the pros. ervation and inspection of weekly payroll rec. orris. 3.5 Payroll deductions permissible without applica- tion to or approval of the Secretary of Labor. 3.6 Payroll deductions permissible with the approval of the Seretary of Labor - 3.7 Applications for the approval of the Secretary of Labor. 3.8 Action by the Secretary of Labor upon applies. bone. 3.3 Prohibited payroll deductions. 3.10 Methods of payment of wares. 3.11 Regulations part of contract AUTHORITY: The provisions of this Part 3 issued under R.S. I61. sea 2.48 Stat. 848; Reore. Plan No. 14 of 1950, 84 Stat. 1267, 5 U.S.C. Appendix: 5 , U.S.C. 301: 40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear at 29 F.R. 97, Jan. 4; 1964. unless otherwise noted. Section 3.1 Purpose and Scope. This part prescribes "anti- kickback" regula- tions under section 2 of the Act of June 13. 1934, as amended (40 U.S.C. 276c), popularly known u the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which 13 for the construc- tion. prosecution, completion, or repair of pub- lic buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the mini- mum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally - assisted construction that contain similar mini- 3 -13 mum wage provision,— i-nc!uding those provi- sions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act. and the Housing Act of 1959), and in the en- forcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submis- sion of statements regarding the wages paid on work covered thereby; sets forth the circum- stances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" gener- ally include construction activity as distin- guished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, build- ings, structures, and improvements of all types, such as bridges. dams, plants, highways, park- ways, streets, subways, tunnels, sewers, mains. powerlines, pumping stations, railways, air- ports, terminals. docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees. and canals; dredging, shoring, scaffolding. drilling. blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, ar. ticles, supplies, or equipment (whether or not (3)2 a Federal or State agency acquires title to such materials. articles. supplies. or equipment dur- ing the course of the manufacture or furnish- ing. or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regula- tions in this part. (b) The terns "construction," "prosecu- tion." "completion." or "repair" mean all types of work done on a particular building or work at the site thereof. including. without limita- tion, altering, remodeling, painting and decorat- ing, the transporting of materials and supplies to. or from the building or work by the em- - ployees of the construction contractor or con- struction subcontractor. and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the con- tractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose con- struction, prosecution, completion. or repair, as defined above, a Federal agency is a con- tracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction. prosecution. completion. or repair, as defined above. payment or part pay- ment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term includes building or work for which the Federal assistance granted is in the form of loan guarantees or insurance. (e) Every person paid by a contractor or , ubcontractor in any manner for his labor in the construction. prosecution. completion. or epair of a public building or public work or , uilding or work financed in whole or in part loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" in- cludes a spouse, child. parent, or other close relative of the contractor or subcontractor: a partner or outer of the contractor or subcon- tractor: a corporation closely connected with Copeland Act Regulations the contractor or subcontractor as parent, sub. sidiary or otherwise. and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia. and all executive departments, independent establish- ments. administrative agencies. and instrumen- talities of the United States and of the District of Columbia, including corporations, all or sub- stantially all of the stock of which is bene- ficially owned by the United States, by the District of Columbia. or any of the foregoing departments, establishments, agencies. and instrumentalities. (29 FR 97, Jan. 4, 1964, u amended at 33 FR 32575, Nov. 27, 19731 Section 3.3 Weekly statement with respect to' payment of wages. (a) As used in this section, the term "em- ployee" shall not apply to persons in classifica- tions higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor en- gaged in the construction, prosecution, comple- tion. or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its em- ployees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly pay- roll period. This statement shall be executed by the contractor or subcontractor or by an au- thorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348, "State- ment of Compliance." or on an identical form on the back of WH 347, "Payroll (For Con- tractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Govern- ment contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (e) The requirements of this section shall not apply to any contract of 52,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations. tol- erances. and exemptions from the requirements 6.1* • • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Copeland etet Reguia:ians of this section subjec: to such conditions as the Secretary of Labor may specify. (:t. F.R. 95, Jan. 1. 19G4, as amended at 33 F.A. 10186. July 17, 19681 Section 3.4 Submission of weekly statements and the preservation and inspecion of weekly payroll reeords. (a) Each weekly statement required under § 3.3 shall be delivered by the contractor or subcontractor. within seven days after the reg- ular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or, if there Is no representative of a Federal or State agency at the site of the building or work. the statement shall be mailed by the contractor or subcontractor, within such time, to a Fed- eral or State agency contracting for or financ- ing the building or work. After such examination and check as may be made. such statement. or a copy thereof, shall be kept available. or shall be transmitted together with a report of any violation. in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contactor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out ac- curately and completely the name and address of each laborer and mechanic, his correct alas- sification,rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the con- tracting officer or his authorized representative. and by authorized representatives of the De- partment of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary, of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal. State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. - ► 5 (3)3 (b) Any deduction of sums previousiy paid to the empioyee as a banatide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless. the deduction is in favor of the contractor, subcon- tractor or any affiliated person, or when collu- sion or collaboration exists. (d) Any deduction constituting a contribu- tion on behalf of the person employed to funds established by the employer or representatives of employees, or both. for the purpose of pro- viding either from principal or income. or both. medical or hospital care. pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, aickness, or disa- bility, or for insurance to provide any of the foregoing, or unemployment benefits. vacation pay, savings accounts, or similar payments for the benefit of employees, their families and de- pendents: Provided. however, That the follow- ing standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of em- ployment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees: (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the for of commission. dividend. or otherwise: and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the em- ployee to enable him to repay Loans to or to purchase shares in credit unions organized and 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Coprlaad Act Regulations f3)'1 operated in accordance with Federal and State ornsubcogtractor and representatives of its eploye credit union statutes. May �y. it•;i.} ( Any deduction voluntarily authorized (36 F•• -• 07" by the employee for the making of contribu- Section 3.6 f av'roll deductions permissible governmental or quasi - governmental with the approai of the Secretary of Labor. ages g Any contractor or subcontractor may apply agencies, such as the American Red Cross. to the Secretary of Labor for permission to (h) any deduction voluntarily kiofcont contributions authorized make any deduction not permitted under ; 3.5. the employee for the making may grant permission whenever Chests, united Givers Funds, and The Secretary similar charitable organizations. he fin 7teacotitrac :or, subcontractor, or any (1) Any dad membership to pay regular union ini- (a) from p ro deduction fines ne fees and assessments: dues, not including , how- fit directly or indirectly from a the d dividend. .ever, That or speak ollecti asse bang P aining agreement aver a collective bargaining agreement either in the form of a commission. between the contractor or subcontractors and or otther a e deduetion s not otherwise pro - — representatives of its employees provide such deductions and the deductions are not hibited by law; oche A deduit (c) The deduction is either (1) voluntarily io by law. consented to by the employee in writing and in ( A deduction not more than or other advance of the period in which the work is to "reasonable cost" the requirements lodging, section be done and such consent is not a condition 3(m)tios meeting either for the obtaining of for title a bona o i t as amended 3(m) of fe Fair Labor , and Part 531 of 531 of this Act tit tle. When of 1938, When continuance. or (2) provided bargaining agreement between. the required under § rnh a deduction (a) of n titlle shall contractor or subcontractor and representatives req of its employees: and be kept. (d) The deduction serves the convenience (k) And deduction for the cost of safety and interest of the employee• royal of equipment of nominal value purchased by the employee as his own property for his personal Section 3.7 Applications for the app t S ecretary f p safety in his work• gloves, as saf shoes, application for the making` with the su ui p m e. safety trlre e and y aw to be deductions under : 3.6 shall compl. such equipment is not required by furnished by the employer if such deduction requirements prescribed in the following p:tr:t• is not violative of the Fair Labor Standards graphs of this section: b Actor prohibited by other law, if the cost on (a) The application shall be in writing and which the deduction is based does not exceed shall be addressed to the Secretary of Labor. the actual cost to the employer where the (b) The application need not identify the contract or contracts under which the work in return question is to be performed. Permission will be equipment is purchased from him and does not given for deductions on all current and future include any direct or indirect monetary to the employer where the equipment is scar- contracts of the applicant for a period of ic chased from a third person. and if the deduc- year Ai renewal of permiss be ra nted tou upon make [he tion is either (1) voluntarily consented to by • payroly deduction will g the employee in writing and in advance of the mission of an application which makes refer. period in which the work is to be done and ence to the original application. recites the date such consent is not a condition either for the of the Secretary of Labors approval of such there i- states affirmatively that the obtaining of employment or its continuance: deductions standards or (2) provided for in a bona fide collective continued compliance with the the -at bargaining agreement between the contractor forth in the prnvisinns of `. 3.6. and specide- 6 -t le 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 Copeland Act Regulations my conditions which have changed in regard to the payroll deductions. (36 F.R. 9:19, May S. 1911.1 (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions � by a § full statem affirmation n shall be acComp of the facts indicating such compliance. (d) The application shall include a descrip- tion of the proposed deduction, the purpose to be mechanics w and the whose wages laborers or the proposed de- mechanics from duction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the prop osed deductions are to be transmitted and the c ai8Ilation of such person. if any, with the app Section 3.8 Action by the Secretary of Labor upon applicaliona. The Secretary of Labor shall decide whether or not the requested deduction is permissible under . notify the applicant n writing of his decision. (3)5 Station 3.9 Prohibited pnsrnll de.luetiuns. Deductions not elsewhere provided this part and which are not found to be ;:e r - "' -- sible under 3 3.6 are prohibited. Section 3.10 Methods of payment of '.e ea. The payment of wages shall be by cash. nego- tiable instruments payable on demand. or the additional forms of compensation for which de- ductions are permissible under this part. other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made - with respect to the r o- struction, prosecution. completion. or repair any public building or public work or building ld n or work financed in whole or in part or grants from the United States covered by ind the regulations in this part shall expressly b with the contractor or subcontractor to comply such of the regulations in this part as as be applicable. In this regard, see subtitle. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 5 -LABOR STANDARDS PROVI. SIONS APPLICABLE TO CON- TRACTS COVERING FEDERALLY FI- NANCED AND ASSISTED CON- STRUCTION (ALSO LABOR STAND- ARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) )..1.Uen A.-12evis -3etan and 1055 0I Ae ts Pnvision., eM Pradwem Sec. 5.1 P.sroose and scope. 5.2 Defmnio0n. 5.3 -5.4 (Reserved] 5.5 Contract provisions and related mat. ten. 5.8 _Enforcement. 5.7 Reports t0 the Secreur7 of Labor. 573 Ihro:Mated da1Sgea under the Contra Wort Hours and Safety 5t1001105 Act. 5.9 Sus0ensiun of (undo. 5.10 RnLtu5Cn. auroral action. 5.11 Disputes eoneemm8 payment of verges. 5.12 Debarment proceedings - See. 5.13 Rulings and mterpretat10 5.14 Variations. tolerances. and exemptions from Parts 1 and 3 of this subtitle and this part 5.13 Llmtfatlans. varlatie 1.s. toleranen. and exemptions under the Contract Wort Hours and Safety Standards Apr. 5.16 Trs)mng plans approved or recognized by the Department of Labor prior to August 20. 1915. 5.17 Withdrawal of approval of a training 900Rort. 5..H.0 F•- 1Manreronee ee the Howe leeen(s Pn.8tlaes e4 ifse t>nM- 1aaett Ad 5.20 Scope and significance Of MU subvert. 5.21 (Reserved] 5.22 Effect of the Davie-Bacon fringe bona (la provumm. 5.23 The a4lutory provisions. 5.24 The 01.110 hourly nu of 34.7. 5.23 Rau of conlributlon or coat far Irina Smelts. 3.25 • 1011 1ere0001011 111169 • • • to a trustee or s0 a Hard Lemon - . 5.27 • fund ola6t or oe0psm. 5.28 Unfunded plain. 3.29 391011le 1151e0 60061110. 5.30 Type of sage deternun•6ors. 5.31 Meeting wags dcarm61at 006 oblige. nora. 5.32 Overtime payment& Ap7700Et.r 40 17.5.C. 2761 :fea - 7: 4o 17s.C. 77601 40 US.C. 327-335 Reor*a1fu• non Plan No. 14 of 1950. 5 133.0. A9D*214ls 3 U.S.C. 301: and the 0Gat0te 1Llt14 In sec. clots 3.1(a) of MU part Sone = 41 FR 19541. Apr. 26. 1913. unless otherwise noted Subpart A- Davis -Eason and Related Ads Previsions and Procedures Savior 46 FR 19340. Al?. 29. 5003. unless otneraue noted. 9 5.) Purpose and scope. (a) The regulations contained :n th:a Pars. are promulgated under the au• thorny SOnferred upon the Secretary of Labor Sy Rcor8arotation Plan No. 14 of 1950 and the Copeland Act in order to coordinate the administration and enforcement of the labor stand• ar0s provisions of each of the follow. ing acs by the Federal agencies re• soonsible far their administration and of such additional statutes u may from time to time confer upon the Secretary of Labor additional duties and responsibilities similar to those conferred upon the Secretary of Labor under Reorganization Plan No. 14 of 1850: 1. The DavieBaoan Act (see. 1-7. 46 Stat. 1949. u amended: Pub. L 74 -403. 40 17-.S.C. 376x- 276 * -7). 2. Copeland Act (40 C.S.C. 270c). 3. The Contract Wort House and Safety Standards Act (40 113.C.327 -332). 4. National H0USm1 Act (wee. 212 added to 1. 647. 46 Sta1. 1246. by sec. 14. 33 Mat 807: 1212.3.C. 1715e and repeatedly amended). 5. Housing Amt of 1950 (00112ge housing) (amended by Housing Act of 1959 a add labor provisions. 73 Star. 601: 12 0.3.C. 1740atf)). 6. Housing Act of 1950 (see. 40118) of the H0ust61 Act of 1050 as amended by Pub. L 64- 372.73 541. 661: 12 17.3.7.11014t0031). 7. Commercial F leter1n Rneareh and De- velopment Act of 1944 (see 7. 76 Stat. 199: 10 C.S.C. 779.(5)). L Library Somata and Construction Act (see 741. 76 31*L 13: 20 D A C. 335141 %41. amended). 9. National Technical Institute for the Deaf Act leue. 5(0)( 61. 70 S1aL 126: 20 CSC. 654(005)). 10. National Poundufoa an the Ara and Human/LW Act of 1903 (see. 5(1.), 79 Star 5416 amended: 20 D.S.C. 954(171. 11. Elementary and Secondary Education Act of 1063 as amended by Elementary and Secondary 6114 other Education Amass- menu of 1969 face. 423 u added by Pub. L 91 -330. this IV. see 401410109. 54 Stat. 169. and renumbered sec 433. by Rib. L 92 -316: title III. see 301411). 46 Stat. 326: 50 55.SC. 12320b11. Under the amendournl (sr• Mid 59 0Etended 4 all otvaam9 tared by the Commissioner of Education. The 7e4eral•Md E2*131%7 Aett (72 34L 695. as amended by 13 Star. 6211 23 U.S.C. 113. u amended by the Surface Transportation Asnatance Acs of 1913, Pub. L 97 -424). 13. Indian $elf•Deteeminatldn and Educe, non Assistance Act (see. 7. 66 Sot 2205; 23 1 133.6. 4501). 14. In4tan Health Care Im0raveme1t Act (sae. 30385). 10 Star 1407: 25 U.S.C. 16330611. 13. Rehablllat5On Act of 1973 (see 30610 )(31 CT SCaL 354. 29 03.C. 771(50311. la. COm9renalulvs Employment and T7st1106 Act of 1973 (see. 406. 67 Star 680. renumbered see 706 by 66 Scat 1846: 29 1.3.C. age: also sec. 604. 61 Stet 1541: 29 DSC. 964(593)). 17. State and local Fiscal A.lstano Art of 1972 (see. 133(3)(6). 6e scat 933: 31 C.S.C. 12464606)). 16. Federal Water Pollution Control Act (see. 513 of see. 2. 54 Stu 194: 33 U.S.C. 1372). 19. Veterans Nursing Horne Care Act of 1944 878 Stat 302. as 6men4e01 33 1:73.C. 5033(61(011. 20. Paul Reorganization Act (see. 410(b)(49C: 64 3uL 724 6 amended: 39 C.S.C. 410(b)(43(C)). 21. National VWton Center Pae111ue Act of 1966 tart 110. 32 Stat. 45: 40 133.C. 4061. 12. Ap(alaehun Regional DeVHOOment Act of 1965 1300. 402. 79 Stat. 21. ,0 U.S.C. App. 402). 23. Health Services Reseuc-. Healta Si, ts110). 1214 Memo.: libraries Act of 1914 'see. 107. see see. 3038hu21 :hereof. 46 Sea: 370. 19 amended by 90 Stst. 373. 52 U.S.0 242mtn02)8. 24. Hos;ttal Surrey and Caratruct :on Ac:. as amended 5y the Homan ara Mec :c1.. 71.• chines Amendnter s of 1964 (sec. 605(a,t5 :. 76 Stat. 453:42 C.S.C. 29103)311. 25. Health Professions E031611ona1 Assist- s Alt (sec. 303(01. 90 Slat. 2234: 42 1..5.C. 2931(1011)(C): 6130 see. 308a. 90 Slat. 2:35. 42 D.S.C. 2.93003(7)). 26. Nurse Training Am of 1964 (tee. 941(1919C1. 39 Stat. 364; 42 U.S.C. 12640093)). 21. Heart Otsexte. Cancer. and Strode Amendmenu 01 1985 (320. 904. 15 1.0414 27 MC. 2. 79 Stu. 923: 42 V.S.C. 299dt 51(41). 23. Safe Dr11t *L19 ?Water Act (see. 2(3) see see. 1450e thereof. 68 Stet. 1691; 42 C.S.C. 3001 -9(e». 29. Na1501101 Health Planning and Re- 30010es Aet (sea. 4. see sec. 1604(6)110H). 66 Stat. 2281. 43 D.S.C. 3000-3(5919 H)). 30. CS Hou3m( Act O( 1937. u amended and recodlfte4 (69 Stat. 607: 42 C.S.C. 1437J1. 31. Demonrtnt:oa Chia and Metropoli- tan Development Act of 1966 (sees. 110. 312. 503. 1003. 00 341. 1239. 1270. 1277. 1234: 42 IISC. 3310: 12 D.S.C. 11131: 42 C.S.C. 1437)1. 31. Slum clearance programs.; Housing Act of 1949 <sec. 109. 63 Star. 419. ad amended: 12 U.S.C. 1459). 23. }farm ho01110 G Routing ACS 01 1964 (adds see 510(8) t0 Housing Aet of 1949 b9 see 503, Slat 797: 42 US.C. 1411(5)). 34. Housing Act of 1911 taee. 707. added br see 907. 79 Star. 496. 11 amended: 12 C.S.C. 13000-31. 33. Defense Houaml and Community Fa- Wines and Service Act of 1931 (sec. 310. 65 Stu. 307: 42 113.7.339Z). 36. Bimetal Halth Revenue Sharing Act of 1973 (see 303. ace see 22251x3) thereof. 69 3111. 320 43 553.7. 3140069511. 37. Economic Opportunity Act of 1964 (see 607.78 SAL 532: 42 U.S.C. 2947). 31. Headata t Eamon= Opportunity. and Commurtt7 P1rttlto 5810 Act of 1974 (see. 11. see see 611 thereof. 01 Star 2327: 12 II3.7. 2992x1. 39. Housing and Urban Development Act of 1963 (see. 707. 79 Stat. 402 6 amended: 42 IISC. 3107). 40. Older A0(veea111 Act of 1963 nee 502. Pula L 49-73. 6e amended by nee. 501. Pub. L 93 - 39: 87 5110. 301 42 13S.C. 3041401041). 41. Public Worts and Economic Develop- ment Act of 1963 (see. 712: 79 SAL 373 as amended: 42 U.S.C. 32321. 42. Juteille Dalhieu0301 Prevention (see 1.86 Silt. 336: 42 C.S.C. 3184). 43. New Cammumtses Aol of 1966 twee 410. 32 Star 516: 42 IISC. 30091 44. Oman Otaacn and New Community Devel0ome61 Act of 1910 (see. 727(17. 64 Mat 1303:42 1113.C. 40293. 43. Domesue Volunteer Service Act of '913 (see 404. 17 544 410: 42 U.S.C. 30411. 44. Houslhg and Community Development Act of 1074 uses 110. 90210). 61 Star 640. 724: 42 U.S.C. 5310. 1440(1)). 41. Developmentally Disabled Assonance and Bill of Slew Act race. 126041. 19 Slat. 461: 42 C.S.C. 6042(4(. t111e I. set 111. 30 Sat. 491: 42 U.S.C. 8063(1391s». 46. National Dungy Conservation Polley AR (see. 312. 92 SAL 3254: 42 C.S.C. 63711(- 49. Pointe Worts Employment Act of 1976 .see 109. 90 Silt. 1001. 12 1:.1. C. 6701; use 3ee. 304. 90 Star 1006: 42 123.7. 6721 50. Energy Conservation aria P114001)on Act 'see. 451)h). 94 Stat. 1168. 42 l S.C. 005188, 1 § 5.1 (a) 51. Solid waste DISOOSal Act :sec. 2. 70 Stat. 2823: 4: P.S.C. 49791- S3_ i;1i' Payenaer Service Act of 1970 see 4050. 94 Stitt. 1337. e5 C.S.C. 565 53. Urban. Mass Transoortati °n Ac: of 1964 se' 10 7a Stitt. 307. renumter,: sec. 13 50 88 Stat. 715. 19 U.S.C. 1609 54. U g:. wav Speed Ground Trans90rta• uOn study tree. 6, b1. 79 Stat. 893: 49 C .S.C. 1636(9 55. Airport and Alr+av Development Act of 1910 (se a1. 84 Stat. 331: 49 C.5.C. 1':3(9)1. 56. Federal Coral Defense Am of 1950 (50 S.C.Apo. 239::). U.S.C. 57. National Capital Transportation Act of 1965 (tic. 3(9(14). 79 Seat 844: 10 f)-S.C. 88:(91(4). Nora- aepealed Occem3er 1. 1969. and labor standards :n arp0rated in sec. 1 - 1431 of me Mama of Columbia Cade). 58. ydod01 Secondan School for the Deaf Alt (sec. 1. 90 Stat. 1027. Pub. L 99 -894. but not m the United States Code). 59. Delaww -River 81un Coepaet (see. 15.1. 75 Stat. 714. Pub. L 97 -328) (consul. mad 1 statute for ptir305es of arse Mao gut not In the United States Code). 60. Energy Security Act (see. 175(e). Pub. L 96 -294. 94 Stat. 611: 42 U.S.C. 8701 note). (b) Part 1 of this subtitle contains the Department's procedural rules g0verung requests for wage determi- nations and the issuance and use of such wage deterptfnatlors under the Davis-Bacon Act and its related stat- utes u listed In that part. - 4 5.2 Definitions. (a) The terra "Secretary" ircludm the Under Secretary Labor. f t or Employment 5tanda.rds. and their authorized re7re- sentatives. (b)1110 term "AdminiStratCr' wears the Adminlst.3tOr of the Wage and Hour 01113900. Employment Standa:s Adminj3t01tloh. rr.S. Department of Labor. Or authorized representative. (c) The term "Federal agency" means the agency or instrumentality of the United States which enters Into the contract or provide assistance O hrough loan.. grant. loan guarantee Insurance. or otherwise. to the protect subject to a statute ]fated la 1 5.1. (d) 1110 term "Agency Head" means the prtncinal official of the Federal agency and Includes those persons duly authorized tb act 1n the beta!f of the Agency Head (e) The terra "Contracting °Ulcer' means the indl95dusl. a duly appointed successor. or authorized representative who U designated and authorized to erter into contracts on behalf of the Federal agency. (1) The terra - labor standards" as used tit this part means the reou:re- menu of the Davie-Bacon Act. the Contract Work Hours and 53.10:) - Standards Act (other than :55050 relat- ing to safety and health), the Cope- land Act. 2410 the prevailing vitae pro- visions of the other statutes listed In 15.1.. and the regulations In Parrs 1 and 3 of 11113 subtitle and this part. ( gl The tern "United States Or the Dist,ric: of Columbia" means the United States. the District of Colum- a, and all executive departments. in- cependent establishments. administra- tive agerc :es. and instrumentalities of the United States and of the District of C01u.:.bia. I:.cludnng corporations. all or sul9stancla11Y all of the stock of which is beneficially owned by the United States. by the foregoing de- 3ar.L5ents. establishments. agences. irstramehtalltles. and Ineluding non. appropriated fund Instrumentalltles. . (it) The term - contract - means 1r13 prae ecntract which Is subject wholly or in part co the labor standards provy- s)ons of any of the acts listed in 1 3.1 and arty subcontract of any t10r there- under. let under the prime contract. A State or local GOVel5ment Is not re. garded as a contractor under statutes Providing loans. grants. or other Fed- eral assistance in situations where con- struction is performed by its own em- ployee. However. under statutes re- quiring payment of prevailing wages to all laborers and mechanics em- ployed on the assisted protect. such as the U.S. Housing Act of 1937. State acrd local recipients of Federal -aid must pay these employees according to Davis -Bacon labor standards. (1) The terms "building" or "work" ger.erally include construction activity as distinguished from manufacturing. furnishing Of materials. Or servicing and maintenance work. The terms In- clude without limitation. buildings. structures. and Improvements of all types. such as bridges. dams. plants. highways. parkways. streets. subways. tunnels. sewers. mains. power lines. pumping stations. heavy generators. railways. 91030 ts. terminals. docks. Piers. wharves. waY3. lighthouses. buoys. jetties. breakwaters. levees. canals. dredging. shoring. reha131111a- non and reactivation of plants. scaf- folding. drilling. blasting. excavating. clearing. and landscaping. The manu- facture or furnishing of materials. ar- ticles. supplies or equipment (whether or not 1 Federal or State agency ac- quires t1t1e to such in♦ supplies. or equipment during the course Of the manufacture or furnish- ing. or 01191 the blaterlais from which they are manufactured or furnished) Is not a - balldlhg" or "work" within the meaning of the regulations in this part unless conducted 1n connectlOn with and at the site of such 1 building or work as is described in the forego- ing sentence. or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construc- tion or development of the project. (5) The terns " construction' "aros- ecut10n ". "COmpl:21015 . or "repair mean all types of work done on a par• t:cular building or work at the site thereof (or. under the United States Housing Act of 1.937 and the Housing Act Of 1949). all work done in the con• sir setlnn or development of the prone:. including without Itmitaaea altering. remodeling. irutallatlor. (where appropnatel on the site of the work of items fabricated off-site. Painting and decorating. the trans• poring of materials and 51pp;ies to or (rum the mudding or work by the em- ployees of the construction contractor or construction subcontractor. and the manufacturing or furrastling of mate- rials. art vies. supplies or equipment on the sae of the building or work (or. under the United States Housing Act of 1937 and the Housing Act of 1949. in the construction or development of the project). by persons employed by the contractor or subebnt0etor (k) The tern - public building or "public work" includes building or worst. the Construction. prosecution. completion. or repair of which. as de- fined above. Is carried on directly by authority of or salt funds of a Feder- al agency to serve the interest of the general public regardless of whether title thereof Is in a Federal agency. (1) The tent "site of the work" is de- fined as follows: (1) The "site of the work" is limited to the physical place or places where the construction called for In the con- tract will remain when work on It has been completed and. as discwsed In paraT1aph (1)(4) of this section. other adjacent or nearby property used by the contractor or subcontractor In such construction which can reason- ably be said to be Included In the "site". (2) Except as provided In paragraph (1 of this 9,0110n. fabrication Plants. mobile factories. batch plants. borrow pits. Job headquarters. tool yards. etc.. are part of the "site of the_ work' provided they are dedlcated ex. elusively. or nearly so. to performance of the contract or protect. and are so located in proxmtit3 t0 the actual 0011. struction location that It would be rea- sonable to Include them. (31 Hot Included in the "site of the work" are permanent home offices branch plant establishments. fabrica- tion plants. and tool yards of • con- tractor or subcontractor whose loca- tions and continuance in operation are determined wholly without regard to a particular Federal or federally assisted contract or protect In addition-fabri- cation plants. batch plants. borrow pits.tiob headquarters. tool yards. etc.. of 1 commercial supplier Or matenal- lnah which are established by 1 suppli- er of materials for the project before opening of bids and not on the project site. are not included In the - site of the work". Such permanent. previous- ly established facilities are not a part of :he - site of the work ". evert &•Here the operations for a period of time may be oedicated exdus1014)•. or nearly so. to the performance of a con- tract. (m) The tent[ "laborer" or - mechan- ic meludes at ;east those workers 115052 duties are manual or physical in nature 1 )031184101g th05e wOraers who use tool• yr w'hn are performing the 1 1 1 1 1 1 1 1 1 1 1 1 1 1 s 5.2 (m) work of a trade.. dIJlLnatahed : .rn mental or managerial. The ter-: - 1a- borer' or "mecnanlc includes ap;ren• aces. trainers. helpers. and. ir.:he case of contracts subject to t.ne Contract 'Nora Hours and Safety Standards Act. watcnmen or guards. The Germ does not aOOLY to workers whose duties are pnm3nl7 adnlinrstr3ttve. executive. or clerical. rather than manual. Persons employed In a bona (Ide executive. adralnitratlVe. Or pro- fessional capacity u defined In Part 541 of this title are not deemed to te laborers or mechanic'. Working fore- men who devote more than 30 percent of their time dt« rag a workweek to mechanic or. laborer duties. and who do not meet the criteria of Part 541. are..labarers and mechanics for the _time s0 spent. tn!'Che terms apprentice and train- ee are defined as follows: (1) "Apprentice" means (1) a person employed and lydlvlduallY registered In • bona fide apprenticeship program registered with the U.S. Departtne0t of Libor. Ealaloyment and Training Administration. Bureau of AOprentlCe- shlp and Training. or with a State AP- prentleeshiP Agency recognized by the Bureau. or (11) a person In the first 90 days of probationary emploYment as an apprentice hc not apprentice. ship program. registered In the program. -but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where aaerDPnatei to be eligible for proba- tionary employment as en apprentice: (3) ''Trainee" =leans a person regis- tered and receiving on.the•iob training In a manstrumlon c hi h s been approved in advance of LaMar. Employment and e T t Training Ad. ministration. ss meeting lac standards for On•the -1013 trairang programs and which has been so certified by that dminlstfsdor (3) These provisions 'Je urers ar.d r.:e • :.1 - e31..eon . r ".Ot' ace 3: ••-• tmefit 10 carry out a (ina ^ of :1yment C -- : at .'ales 131 !es.' -ban :cis pursuant :p an efinan ^c :c'::1 a ::r ' :`c ` tr.! wage dr- espor tar y' of L at:Cr espOr3 m lble plan 01 grogra. w'hlcn ter---a:= ---a:= :1 :tie aeon • was comr..u.r..Ica:ed In wilting to 111e '.a- r. :C. :: a : :ac'e i .'.ererO and made 3 borers and meCnar:ics affected. The ;3r: nerto :. rcgartaess of 1.:Y cCurac. fringe benefits enur .erased In the 1 :31 re!a : :or3nin •<n.1 ?. may be ailegen Davis•Bacon Act ir.c:ude medical or o CV between the contractor re hospital care. pensions on retireme or death. compensation for injuries or illness resulting from OccuP13 1041 ac- tatty. or Insurance to provide any of the foregoing: uner...)oyment benefits: life Insurance. disability Insurance. 3lckneas insurance. or accident insur- ance: vacation or holiday pay: defray Mg costs of apprent:ceshlp or other similar programs: or other bona lade fringe benefits Fringe benefits do not include benefits required by other Federal. State. or 1003.1 law. (q) The term "wage determination" Includes the original decision and anY subsequent decisions modifying. super• seding. correcting. or athervrlse clung- Mg the provisions of the original te.r 1311uon shall be o be In accordance with the provisions of 1'1.6 of this 31Ue. (40 PA 5035 Apr .. 20. 1593. as amended at Yon: laborers and mechanics. C :ntr:ou)or3 rad or costs r0a3an- ably a: _:dated for `bona fide fringe be.^.efl:s under sect :on 1113)12) of the Dave -3aten Act on behalf of laborers or 1011 ar.113 are considered wages ;std co such (i_..... s or mechanics. rociec: to the p :01111Ors Of naragratort (3..11 :(Ivi O :his sec: :dn: also. regular :n3de or costs incurred for more that. a weekly period (tout net less otter. than quarterlY) under pars. (42313. or grog 3.133 which. cove- e pa 320311a: weekly pe3Od. are deemed to te constructively made or r•S. incurred dug such weekly pert0e. Such laborers and mechanics shall be ai -d the appropriate wage rate an= fro ge benefits on the wage determine.- for the ciassif :cation of work actu- 311Y per(or:lied. without regard to aka:. except as provided in 15.5(a)(4). L3• borers or Mechanics pertorming 10(10 In more t:11 one c(a33111C1tlon may be conipersated at the rate specified far each classification for the time actual- ly worked therein: Prortdcd. That the employer's payroll records accurately sec (0th the tune spent 11'1 each e)assi- f :m[10n 111 which work is performed. The wage determination (Including 3:17 add1t(onal clasai:cat :on and wage rates cor.fc. under 92111110(1 :1:(1)111) of this section) and the W Davis -Bacon poster cH- 13'.1) snalI be posted at 3..l times by the Ccntrac- lor and its subcontractors at the sate of the work in a prominent an seer: acces- sible place where it can be easily see. by the workers. illi(A) The contracting officer shall recta.: teat any class of laborers cr 3e01ar - .r3 11 0 ;11 a not lined in the A oni do not apply 10 . ^.e(It5 la : a wage determination and whlcn 13 co be "apprentices" tad '•trainees em• or altaual contribution (except where employed under the contract snail he ployed on projects subject to 23 Q.S.C. 1 different nt 'wench expressly the ciusifcde- ^.i.cm:f^rawcecant with the 113 who are en coped In Programs of any Of officer • snail approve an additiors5 which have been certified ty the Sec- labor 1 line pr 61500 Of 23 U.S Traravortation In accord. clauses (or modification following classification thereof benefits then of only. when n .11e (0'• sate wit E person y U.S.C. p e). lo) Er performing the to meet the particular needs of the lowing = r:tera have been met: duties of a laborer or meehaniC in the agency. Provided. That such m041110a• 12) The work to be performed by the t per- construction. prosecution. com01etl0n. :loos are first approved by the Depart. Massif:n i requested on in nhe ware or repair of a public building or puhlid ment of Labor): • formed by work. or building or work financed In (1) Mintmum wages. (11 All laborers determination: and whole or in part by lour. grants. or and mechanics em:l07ed or working (2) The classification is utilized it guarantees from the United States a upon the site of the work for under the area by the construction industry: "employed" regardless of any =uric- the L'ruted States Housing Act of 1937 and tual relatlor3htp alleged to exist be. or under the Housing Act of 1949 in ill The 91 gas` dewage te. ir.clud• tween the contractor and such person. the construction or development Of :; any ip) The term "wages' melts the the project). will be paid uncond11101• bears a rea.5006 le re!atlonsn(D t0 the baste hourly rate of paY: any contr:bu• 3113' 310 non less often than once 1 +'age rates contained in the wage :te non irrevocably made by a contractor week. and without su03eque33 dedue• terrmauon. or subcontractor t0 a trance or t0 a don or rebate on any a000Unt ( except :3) of one contractor and the 16001 third person pursuant to a bons flee such payroll deductions as are perm:• ors and - ee:antis to be employed :r fringe benefit Lund. plan. or program: ted by regulations issued by the Secrr• :2e e)yes :ne3.11011 ' :( :330a'n). or their and the rate of 10133 to the 09n1riC30r :arY of Lass" 1^der_'. • eCoe/eland . 1re A ct .' r'05 133es 51101`110 mm C or subcontractor which may be reason. 29 CFR Par: 3' t ally anticipated nn pro5(ding bona 114e wages and bona ()de (::1.00 benefits for :1301110 255.3 -5.4 (Reaerredl 053 Contract preriaiotu and related gnat. ter. (a) The Agency head shall muse or require the eontrscune officer to Insert in fall in any cant:Mit S3. esealle of 63.000 which le entered tato for tna goal construction. alteration a3dior repair. inctudirit mantras and de0brat• 10g. of • pablk 2,4042211 ( orWel l k worst. or Wading or work ^ whale Or in parr. from Federal loads or a 1' In aopdaaee with guarantees Vedanta agency or Manned fa>ece farads obtained 07 pledge of any o0nt1act of Federal ageOe7 CO =bake a hart. (rant 5.5 (a)( l(B) nated :or fringe benefits where appro. pr:ate•. = rep0r of the action taken sha:l be sent by the contracting officer to :. ".e Administrator of the WaCe and Hour Division. ErnplOyment Standar_s Administration. C.S. Department of Labor. Wash:rig:on. D.C. 20210. The Administrator. or an authorized repre- sencau : e. anti approve. modify. or Os- approve every additional classification action within 30 days of receipt and so advise the contracting officer or notify the contracting officer within the 30.day period that additional " ^- is necessary. (CI In the event the cortrattdr. the laborers or .mechanics to be employed in the ctasslflcatiOn or their represent• at:ves. and the contracting officer do not agree=.dn the proposed clas3ltic e ti and waste rate (including ` amount designated for fringe benefits. where apprOpnatel. the contracting officer shall refer the questions. in• eluding the views of all interested par• ues and the recommendation of the contracting officer. to the Administra- tor for determination. The Adsnints• tratdr. or an authorized representa- tive. will issue a determination within 30 days of receipt and so advise the contracting officer or will notify Use contracting officer within the 30-day Period that additional Ume u neces- sary subject to Davis -Bacon prevainnii wage require.T.ents. which Is held by the same prime Contractor. so int= of the accrued payments or advances as may be considered necessary to pay La- borers and mechanics. including ala• prentices. trainees. and helpers. em ployed by the contractor or any sub- contactor the full amount of wages required by the contract. In the event of failure to paY any laborer or me- chanic. Including any apprentice. trainee. or helper. employed or work• ins on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 In the construction Or development Of the project). all or put of the wages required by the contract. the tAgeney) may. after written notice to the con. tractor. sponsor. applicant. or owner. cake such action as may be necessary to cause the suspension of any further payment, advance. or guarantee of funds until such vtolaUons have ceased. (3) Payrolls and basic records. (1) Payrolls and basic records relating thereto shall be maintained by the of the v rkk and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the (D) The wage rate (lndudlng lrinZe Housing Act of 1949. In the construe. benefits where appropriate) deter tion or development of the project mined pursuant to subparagraphs Such records shall contain the name. (1)(8) or (C) of this paragraph• shall address. and social security number of be paid to all workers performing work each such worker. his or her correct in the classification under this con• dassiftclUon. hourly rates of wages tract from the first day on which work paid (including rates of contributions a performed to the elassifleation or costa anticipated for bona fide (Iii) Whenever the =rums= wage fringe benefits or cash equivalents rate prescribed In the contract for a thereof of the types described In sec• class of laborers or mechanics Includes tion 1(13)(21(5) of the Davis -Bacon a fringe benefit which Ls not expressed Ace). daily and weekly number of as an hourly rate. the contractor than hours worked. deductions made and either pay the benefit as stated In the actual wages paid. Whenever the Sec. wage determination or shall par an- rotary of Labor has found under 29 other bona fide fringe benefit or an CFR 5.5(aXSX1v) that the wages of hourly - cash equivalent thereof. any laborer or mechanic incpde the (iv) If the contractor does not make amount of any coats reasonably antid- payments to a trustee Or other third. paced in providing benefits under a person. the contractor may consider as plan or p of the De gran described ed A the In section Part of the wages of anY laborer or mechanic the amount of any costs contraCtryr shall maintain records r sonably anupated In prov'idirig bona which show that the commitment to fide fringe benefits under 1 plea or provide sueh benefits ls enforceable. program. Prot:Wed. That the Sete- that the plan or program is finandafY terry of Labor has found. upon the responsible. and that the Dian or Pro. written request of the contractor. that gram has been communicated in writ• the applicable standards of the Da11.5 (rig to the laborers or mechanics af• Bacon Act have been met. The Secre fected. and records which show the terry of Labor may require the contrac• costs ahticipaced or the actual cost in- tor to set aside in a separate account cdrred in providing such benefits. Con• assets for the meeting of 00110ations tractors employing apprentices or ur.der the plan or program. trainees under approved programs 20 Withholdsn0. The (write in name snail maintain written evidence of the of Federal Agency or the loan 01 t' reC:3tration of apprenticeshlp pro- recipient) shalt arson its Oar action or grams and certification of trainee pro- upon written request of an 311thor._04 grams. the registraelon of the appren• re -Presentative of the Deoartrner.t of ores and trainees. and Inc ratios and Labor 9,tnnota or cause t0 be witn• wage rates prescribed in the appficaole held from the contractor under this programs, contract or any other Federal contract 'i(11AI The Contractor shall submit with the same prime contractor. or weeeIy for oc- 9c In which an. ,.rte +. r n.!r- tl lv . aisisird .. entr.. -- -..... .. ,..f.,—..7 a ., ,..r—..i a coos of al: payrolls to the ( write in name of appropriate Federal agency if the agency is a party to the contract. but if the agency Is n0t such a party. the contractor will submit the payrolls to the applicant. sponsor. or owner. as the can may be. for transmission to the (write in name of agency). The r payrolls submitted shall set out au- rately and completely all of the infor- matlon required to be maintained under 1 5.5(a)(3)(i) of Regulations. 29 CFR Parc 5. This information may be submitted in any form desired. Option- al Forst 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. . OW /ernent Printing Office. Washington. D.C. 20402.The prime contractor is responsible for the submission of cores of payrolls by all subcontractors. (8) Each payroll submitted shall be accompanied by a "Statement of Com- pll nee." 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 re• guired to be maintained under n. 1 5.5(11(3X1) of Regulatio 29 CFR Part 5 and that such Information Is • correct and complete: (2) That each laborer or mechanic ( including each helper. apprentice. and trainee) employed an the contract during the payroll period has beer! paid the full weekly wages earned. without rebate. either directly or (ndl reetlY. and that no deductions have been made either directly or indirectly from the lull wages earned. other than permisstble deductions as set forth in Regulations. 29 CFR Part 3: (3) That each laborer or mechanic has been paid not less thaw the appal- • cable wage rates and fringe benefits or cash eguit• for the elasstfieatton of work performed. as specified (n the 1ppitcab(e wage determination incor- porated into the contract. (C) The weekly submission of a certification prepert$ executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the re- quirement for subtrusston of the "Statement of Compliance" required by paragraph (a)(3)(iiXB) of this sec. tion. (01 The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 16 and Section 231 at Title 31 of the [Totted States Cade. Oh, The contractor or subcontractor shall make the records required under a cvail able r for ! inspection. t copying. or transcription by authorized represent- atives of the ( tne name of the agency or the Department of Labor. and shall permit suers reprrsentauves v (0 interview employees during war01na 99(119 on the ma. If the contractor err • 4 5.5 (a)(3) (iii) subcontractor (ails to submit the re- quired records or to make them avail• aole. the Federal agency may. after written notice to the contractor. spun• sor. applicant. or owner. :axe niCn action as may be necessary to cause the s::sr.ension of any further pay ment, advance. or guarantee of funds. Furthermore. failure to submit the re• duired records upon request or to mace such records available may be grounds for debarment action pursu• ant to 29 CFR 5.12. (4) Apprentices end trainees --U) Ap. prentices. Apprentices will be permit• Led to work at less than the predeter• rntr.ed rate for the work they per• formed when they are emcloyed pur- suant to and individually registered is a bona fide apprenticeship program registered with the U.S. Department of Labor. Employment and Training Administration. Bureau of Apprentice- ship and Training. or with a State Ap- prenticeship Agency recognized by the Bureau. or if a person is employed In his or her first 90 days of probationary employmeiit es an apprentice in such an apprenticeship program. who Is not Individually registered In the program. but who has been certified by the Bureau of Apprenticeship and Train- ing or a State ApprentlCcohlp Agency (where appropriate) to be elloible for Probationary employment as an ap- Prentice. The allowable ratio_ of ap- prentices to Journeymen an the Job site to any craft classification 311111 not be greater than the ratio permitted to the contractor as to the entire aerie !arse under the registered program. Any worker listed on i payroll at an apprentice wage nu. who 13 not reav tered or otherwise employed as stated soave. shall be paid not less than Inc applicable wage rate on the wage de- termination for the classification of work actually performed. In addition. any apprentice performing work on the job site In exams Of the ratio per- mitted under the registered program shall be paid not less than the applies• b1e wage rate on the wage determine. than for the work actually performed Where a contractor is performing con. 31ructlon on a proieet In a locality other than that in which Its program is registered. the raUas and wage rates (expressed m Percentages of the jour- neyman's hourly rate) apectfled in the contractor's or subcontractor's regis- tered program shall be observed Every apprentice must be paid at not less than the rate specified In the reg. istered program for the aeorent1Ce'e Level of progress. expressed as a per tentage of the journeymen hourly rate specified in Inc applicable wage deter. (nxnatiom.. Apprentices shall be paid (ridge benefits in accordance with the provisions of the apprenticeship pro- gram.. If the apprenticeshi0 program does not specify fringe benefits. an- prenticcs must le paid the full amount of frr.ge benefits hated on the wage determination for the applicable clas- si(ICation. If the Administrator deter. mines 11131 a 3.0ierent practice pre• fills for the applicable apprentice C1a531ficattOn. fringes shall be paid accordance with that dete.rrnir.at:on. In the evert the Bureau of Appre. ^.• t:Cesh10 and Tratn:.^.g. or a State Ap- prenticeshlp Agency recognized by the Bureau. withdraws approval of an ap• prenticeshlp program. the contractor will no longer be permitted to utilize apprentices at less than the applicable Predetermined rate for the work per• formed until an acceptable program is approved. (11) Trainees. Except as provided In 29 CFR 5.16. trainees will not be per - mitted to work at less than the prece- [erm)ned race for the work performed unless they are employed pursuant to and individually registered in a pro- gram which has received pnor approv- al. evidenced by formal certification by the U.S. Department of Labor. E«: ployment and Training Administra- tion. The ratio of trainees to Journey men on the Job site shall not be great• er than permittted under the plan 10- proved by the Employment and Train- ing Admmiatratian. Every trainee must be paid at not less than the rate specified In the approved program for Inc trainee's level of progress. ex. pressed as a percentage of the Jour- neyman hourly rate specified !n the applicable wage determination. Train- ees shall be paid fringe benefits in ac- cordance with the provision' of the trainee program. If the trainee pro- gram does no: mention fringe benefits. trainees shall be paid the full amount of fringe benefits listed on the wage determlha11on unless Inc Ad_ is ra• tar of Inc Wage and Hour Division de- termhles that there is an apprentice- ship program associated with the cor. responding- Journeyman wage rate on the wage determmetion which pro- vides for leis 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 Employ. went and Training Adminlstratlon shall be paid not less than the applica- ble wage rate on the wage determina- tion for the classification of work actu- ally performed In addition. any train- ee performing work on the lob site In excess of the ratio permitted under Inc registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In Inc event the 8[. nployment and Training Admin. titration withdraws approval of a training program. the contractor will 00 longer be perlrutted to utilize tramp• ees at less than the applicable prede- termined rate for the work performed until an acceptable program is a0- proved. (111) Equal emp)Oyrnert opportunity. The utilization of apprentices. trainees and journeymen under this part stall be in conformity with the equal em• ployment opportunity reduirements of Executive Order 11246. as amended. and 29 CFR Pars 70. 91 1 5: Cciric :3ace Cope!ea15 AC: reC The shall cot^ :ow with the • _.. men.s :1 CFR Far: 3 •a . n :co a: by - •r .....` :s con • ac :. (6) Sabcoc(:3C ::. The c V :.r : :o: or subeon: :attar shall insert in any viz- contracts the clauses container. 1r. 29 CFR 5.5(a) (5) Through (10) and such other clauses as the (ante In the r..a —.e of the Federal agency) may by appro- priate 1. ^str c ::otis rent : :e. and also a clause result the subcontrac tors to include these c!atses In any lower tier subcontracts. The - -e connector shall be responsible ^ fir the eon phi• ante by any subcontractor or lower tie: suocon: oc :or with all the con- tract clauses in :9 CFR 5.5. (i) Contract termination: debar. men:. A breach of the contract clauses in 29 CFR 5.5 may be grounds for ter- mination of the contract. and for de- barment as a contrae:ar and a subcon- tractor as provided in 29 CFR 5.12. t8) Compliance with Davy -Bacon and Related Act requirements. All rsl- hn93 and Interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Pars 1. 3. and 5 are herein in- cdrporated by reference In this con- tract. (9) Disputes concernsne labor nand. aids. Disputes arising out of the labor standards provisions of this contra: shall not be sublets to the general dis- putes clause of Ulu contract. Such ells- Putts shall be resolved in accordance with the procedures of the Depart meat of Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes within the meaning of this e!ause Include 01s- mites between the contractor (or any of its subcontractors) and the con- tracting agency. the U.S. Department of Labor. or the employees or their representatives. (10) Certification of eiigebslitp. (1) By entering Into this COntraCL the contractor certifies that neither it (nor he or she) nor any person or (Ines who has an interest in the contractor's firm u a Person or firm ireligsble ca be awarded Government contracs b)' nrue of se25.5On 3(a) of the Dan'- Bacon Act or 29 CFR 5 .12: al(1). ill) No parr of this contract shall be subcontracted to any person or firms ineligible for award of a Government contract by nr.ue of section 34a) of the Darns- Bacon. Act or 29 CFR 5.12(a)(1l. (iii) The penalty for making false statements is prescribed in the L'.S. Cnrniral Code. 18 U.S.C. :001. b) Contract Work Noun and Safety Standards Act The Age.^.ey Head sna :t cause Or require the ebnwaeting offi- cer to Insert the following clauses sec %inn In p a r e : T a p r s to)( 1:. ( 2 : . ( 3 ( 5. 05 4 (41 of the section in full in any con- tract sub)ect to the overtime provr- s1on3 of the Cchtract Wore Hours and Safety Starcares Act. These clauses 501.1 be inserted In aco : ::On :0 :tie c!aoses required oy 1 5 Saar cor : 4.4 Of Part 4 of the: : ;t,e. As use0 :r. :0113 5 5.5 (b) parserapn. the terms - laborers • and • mecnanles- include watchmen and guards. 11 Onetime rebuirementr. No con - 1.1t0 or or subcontractor contractinc f any par: 01 the contact wont wn:en may require or involve the em• pturment of laborers or mechanics stall require or permit any such labor- s or mechanic in any Workweek in wraith he or she is employed on such Work t0 work In excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the `rise rate of pay for 111 hours worked in excess of forty hours in such Workweek. (2) Violation: liability for unpaid :caves: liquidated damages. In the event of. any violation of the clause set forth in }aragraph (bk 1) of this sec. 1.ton the contractor and any subeon• tractor responsible therefor shall be liable for the unpaid wages. In addi- tion. such cont -actor and subcontrac• tor shall be liable to the United States (in the case of work done under con. tract for the District of Columbia or a territory. to such District or to such territory). for liquidated damages. Such liquidated damages shall be cofa- puted watt respect t0 each lndlviduel laborer or mechanic. Including watch- men and guarea. employed in violation of the clause set forth 1n paragraph (bX 1) of this section. in the sum or 310 for each calendar clay on which such Individual was required or permitted to work In excess at the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in paragraph '(b)11) of this section. (3) W((hAo(dinp for unpaid traces and liquidated damages The iwnte In the name of the Federal agency or the loan or grant 10030(ent shall upon its own action or upon written request of an authon:ed representative of the Department of Labor withhold or cause t0 be withheld. from any moneys payable on account of work performed by the contractor or sub- contractor under any such contract or any other Federal contract watt the Same prune 00ntradt4r. Or any other federally - assisted contract subject to the Contract Wort Noun 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 csntrac• for or subcontractor (0T unpaid Wages and tioUldated damages 3.s provided in the clause set forth In paracimpn (11(21 of the section. .41 Subcontracts. The contractor or Subcontractor shall insert to an) sub - contracts the clauses set forth in para. graph (bit 1) through (41 of trio see. titan and also a clati3e requiring the subcontractors tq in1tude these clauses In any lower tier SUOCOnlrac:3. The prime contractor shall be rescons)ble for compliance by ar.F subcontractor or lower tier subcontractor wttri the clauses set forth in paragraphs (01)1) through (4) of this section. Ic) In addition to the clauses con. tamed in paragraph (b). in any con- tract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes mud In 15.1. the Agency Head shall cause or require the contracting offi- cer to Insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a penod of three years from the completion of the contract for all laborers and me- chanic. Including guards and watch. men. working on the contract. Such records shall contain the name and ad. dress of each such employee. social se- curity number. correct classifications. hourly rates of wages paid. daily and weekly number of hours worked. de- ductions made. and actual wages paid. Further. the Agency Head shall Cause or require the contracting officer to Mien. in any such contract a clause providing that the records to be main. tamed under the paragraph shall be made available by the contractor or subcontractor for inspection. espying. or transcription by 1utlorlaed repre- sentatives of the (write the name of agency) and the Department of Labor. and the contractor' or subcontractor will permit such representatives to Interview employees during working hour: on the job. (The Information collection. reeordkee0100. and reporting requirement[ contained m life following txraarao03 of t013 section .ere approved by the O(hce of Management and Budget OMB 02.0.5 1 Carom 181011e1111 1211-0183 1113014.110 1:10 -0183 IW110e1 1311.0183 le87g0 12t3-0183. 121S-0017 m2 -0102 Cana NOON 1315 -0120. 1515-0017 18371(1)8) Itiaee. (48 Fit 19540. Apr. 29. 1963. as amended at 51 FR 1:265. Apr. 9. 19061 9 5.6 Enforcement. 111(1) 11 shall be the responsibility of the Federal agency to ascertain whetter the clauses required by I5.5 have been inserted in the contracts subject to the labor standards provt- stons of the Acts contained in 15.1. Agencies which 830 not directly enter quo such contracts shall promulgate the necessary regulations or prime• duets to require the recipient Of the Federal assistance to tn5e•t in us con• tracts the provisions of t 5.5. 040 pa> • merit. advance. grant. loan. or guaran• ter of (unasanali.pe approved by tn.- Federal agency unless toe Scmr.0V t- sures that the clauses required by ! 5.3 and the am:roe:late wane determine• clan of the Secretary of Labor are con- tained in such contracts. Fur :llcrmore. no payment, advance. grant. io111.. :. guarantee of funds snail be approvee by the Federal agency after the begin- nine of construction unless there is on file with the agency a c!ttlficatlan by Me contractor that the contractor and Its subcontractors have complied wan the provisions of 1 5.3 or unless there Is an file with the agency a certi(Ica• [ion by the contractor that there is a substantial dispute with respect (0 t..n,e required provisions. (2) Payrolls and Statements of C317.• p Hance submitted pursuant to 1 5.5(a)(3(II: shall be preserved by the Federal a6ency.far a penod of 3 years from the date_of completion of cne contract and shall be produced at the request of the Department of Labor at any time during the 3 -year period. (3) The Federal agency shall cause such Investigation to be made as may be necessary to assure compliance with the labor standards clauses re. gutted by 1 5.5 and the ap011eable stat- utes listed in 15.1. Investigations ]Hall be made of all contracts with suet: fre- quency c.3 may be necessary LO assure compliance. Such Inve3UgatiOna shall Include intervlews with employees. which shall be taken In confidence. and examination of payroll data and • evidence of registration and centllca• Lion with respect to apprenticeship and trafttlnt plan' In ma*ing such ex• amlmatior& particular care shall be taken to determine the correctness of elaasl11(Ytlon3 and to determine whether there Is a disproportionate employment of laborers and of ap• prenten or trainees registered in 3p• proved programs. Such investigations shall also include evidence of fnnge benefit plats and payments thereun- der. Complaints of alleged violations shall be given priority. (4) In accordance with normal over• Ming procedures the contracting agency 011Y be furnished various in- veatla1tory material from the tnvesti- cation files of the Department of Labor. None of the material. other Mari computations of but wages and liquidated damages and the Suntrna." y of back wages due. 0117 be disclosed in any manner to anyone other than Federal officials charged with adrrum- Istering the contract or program Pro. tiding Federal assistance to the con- tract. without requesting the percus- sion old clew's of the Department of Labor. (5) It is the policy of the Depart• ment of Labor to protect the identity of its confidential sources 3.114 to pre• vent an unwarranted invasion Of per- sonal pnvac1. Accordingly. the Mentz- ty of an employee who makes a writ• ten or oral statement 35 a complaint or in the course of an investigation. as well as portions of the statement which would reveal the employee s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 5.6 (a)(5) identity. shall not be disc :0seO r. or. i manner to anyone other than. officials without the prior ccr..sent of the employee. Disclosure of employee statements sna:f be governed by the provisions of the - Freedom Of Informat Act" (5 C.S.C. 552. see 29 CFR Part 70) and the °Privacy Act of 1974" (5 C.S.C. 552a). (b) The Administrator shall cause to be made such investigations as deemed necessary. In order to Obtain camel'. ante with the labor standards provt• sums of the applicable statutes listed in S 5.1. or to affirm o reject the Head rec. ommerdauors by the with respect to later standards nut- ters arising under the statutes listed in Federal agencies. contractors. _ subcontractors. sponsor. applicants. or owners shall cooperate with any au- thorized representative Of the Depart- ment of Labor in the irspe0tion of records. in interviews with workers. and as all other asoects of the investl- t a gati n. Including amounts found due. may not be altered or reduced without the approval of the Department of Labor. Where the underpayments d1s- closed by such an Investigation total 31.000 or more. where there is reason to believe that the violations are att. graveled Or willful (or. In the ease of the Davis-Bacon Act. that the centric. tor has disregarded its otalge1Ona to employees and subcontractors). Or where liquidated d3 1003 may be as- sessed under the Contract hpart. oe De d and Safety Standards ment of Labor will furnish the Federal agency an enforcement report detail• ing the labor standards violations d13- closed by the investigation and any 3.0ti0n taken by the contractor t0 cor- rect the violative practices. including any payment of back wages. In other circumstances. the Federal agency will be furnished a letter of notification summarizing the findings of the Inves - ligation. i 5.7 Reports to the Secretary of Labor. (a) Enforcement reports (1) Where underpayments by a contractor or sub- contractor total less than 31.000. and where there is no reason to believe chat the violations are aggravated or willful tor. in the case of the Danis - Bacon Act that the contractor hat cis• regarded its 0011gann3 to employees and subcontractors and where resit. cutter 153.1 been effected and future e= monanee assured. the Federal agency need not submit its Investiga- tive findings and reeammendatlOrs to the Ad.113113:ratOr. unless the ryes,,• gallon was made at the request of the Department of Libor. In the latter case. the Federal agency shall suer :sit a factual setrn nary report detailing any violations ne.udng ant data on the amount of restitution pets!. the number of workers '3 :010 received rest,- e 1(1134n. liquidated d3maays assessed under the Contract Work Hours and Safety Standards Act. corrective meas- ures taken 10u061 as "letters of notice "1. and any information that may be necessary to review any reeoni• rnenCatlans for an appropriate adjust- ment in liquidated damages under 5.8. (21 Where underpayments by a con- tractor or subcontractor total 31.000 or mare. or where.there Is reason co believe that the violations are aggra- vated or willful (or. In the case of the Davis -Bacon Act. that the contractor has disregarded Its obligations to em- ployees and subcontractors). the Fed- eral agency shall furnish within 60 days after completion Of 111 investiga- tion. a detailed enforcement report to the AdministntCr. (b) Semi- annual a reem foent re. ports. To assist the Secretary in fulfill- ing the respbralbtlltles'under Retina. ru zau n N on Plao. 14 of 1950. Federal agencies shall furnish to the Adminis- trator by April 30 and October 31 of each calendar year semlanntul re- standards on compliance with and enforce- ment of the labor sndards provlatoris of the Davls•Baeon Act and Its related acts covering the periods of October 1 through March 31 and April 1 through September 30. respectively. Such re- ports shall be prepared in the manner Prescribed !n memoranda issued to Federal agencies by the Administrator. This report has been cleared In accord- ance with FFSiDL 101 -11.11 and as- signed lnterageney report control number 1482- DOL4A. (0) Additional information. 17pon re- quest. the Agency Head shall transmit to the Administrator such information available to the Agenai with resPec1 to contractors and subcontractors. nature contracts. and the ature of the contract wort as the Administrator may find necessary for the perform• ante Of lass or her chain with respect and to the labor sards provtslOns re- ferred to In Chia part (di Contract termination. Where a contract is terminated by reason of standards violations of the labor standards provi- 3i0tis of the statutes listed In S 5.1. a report 3h111 be submitted promptly to the Administrator and to the Comp- troller General (If the contract 1s sub- ject to the Davts•Bacon Act). giving the name and address Of the centime• tor or subcontractor whose right to p roceed hiss been terminated. and the name and address of the contractor or subcontractor. If any. who is to c0m• Piece the work. the amount and number of the contract. and the de- ser:p :i0n Of the work to be performed. 13.4 Liquidated damage. under the ('on. tract Work Hours and Safety Stand- ards Aet (a) The Contract Work Hours and Safety Standards Act requires that la- borers or mechanus snail be paid P ages 01 a rase not less tnnn she an- no-half times the `11 r rate e( err cr 111 hours •aoroca a excess a .or•' hours in any •10 01 611. of vistat:on of tr.:5 provision. 1.10 con. rector and any subcontractor sus.: 1:35,0 for the unpaid 'wage. ant' ir .._ '. :tt0n for liquidated damages. ed with respect to each laborer or me :runic employed in violation of t`e Act in the amount of 310 for cac: ea.- erdar day in the workweek. on wh:en such lr.dlvtdual was required or per matted to work in excess of forty hours without payment of required Overtime wages. Any contractor Of subcCn :roe• for aggrieved by the withholding of liquidated damages shall have the na:i: to appeal to the head of the agency of the lirited States (or the territory -of District of Columbia. as appropriates for which the contract work was performed or for which f: nanetal assistance was provided. (5) Findings and recommendations of ,rte Agency Xead The Agency Hese has the authority to renew the adrin• Istratve determination of liquidated damages and t0 issue a final order af- firming the determination. It to no: necessary to seek the concurrence 06 Use Administrator but the Admirtutra• car shall be advised of the action. taken. Whenever the AffencY Head finds that a sum of liquidated damages a d.rai 1st lively determined to be due Ls incorrect or that the contractor or subcontractor violated inadvertently the provisions of the Act notwith- standing the exercise of due care 11901. the part of the contractor or 31150001• tractor Involved. and the amount of the liquidated damages Computed or the contract Is in excess Of 3500. the Agency Head may make rec0mmenea• lions to the Secretary that an appro. 9nate adjustment to llquldated dam• ages be made or that the contractor or subcontractor be relieved of liability for such liquidated damages. Suer. findings with respect to liquidated damages shall Include findings wicrt respect to any wage underpayments for which the liquidated damages are deteminea te) The recommendations of the Agency Head for adjustment or relief from liquidated damages under para- graph (a) of this section shall be re- viewed by the Administrator or an au. 16orized representative who shall issue an order concurring to the recommen- dations. partially Concurring in the recommendations. or rejecting the rec• or..mendations. and the reasons there. for. The order shall be the final dect- ston Of the Department o Labor. unless a pelicans for review Ls filed to Part 7 of tits 11130. ant :ne Wage Appeals Hoard in its 41SCre• ticn reviews such decision and order o.'. with respect to contracts Subject to the Service Contract Act. unless Pen. Lion for 'renew is tiled pursuant to Part 5 of ins title. and the Hoard of Sonic: Contract ' Pdeali In :1; 1iscre• :ice. reviews sue11 decision and enter. 1 ' 1 5.8 (d) id: Whet ^.e• :rr the Agency H lad :Inds I that a sum of liquidated damages ad• mrristratively determined to se due u.^.eer sect:or. I04(a) of the Contract Work Hours and Safety Standares Act . far a contract is 5500 or less and the .agency Head finds that the sum of lit• u Dated damages is Incorrect or flat the contractor or subcontractor ylolat• ed inadvertently the provisions of the Contract Work Hours and Safety Standards Act notwithstanding the ex• erese of due care upon the pare of the contractor or subcontractor involved. I an appropriate adjustment may be made in such liquidated damages or tin • contractor or subcontractor may be relieved of liability for such liqui- dated damages without submitting rec. I ommendations to this effect or a revert to the Department of labor. This delegation of authority Is made under section 105 of the Contract I Work Hours and Safety Standards Act and has been found to be necessary and proper in the public interest to prevent undue hardship and to avoid serious impairment of the conduct of I Government business. (4a FR 59541. Apr. 29. 1995. as amended 15 51 FR l:265. Apr. 9. 1996; 51 FR 15496. Apr. ::. 19961 ' 9 5.9 Suspension of funds. In the event of failure or refusal of the contractor or any subcontractor to I comply with the labor standards clauses contained in 1 5.5 and the ap. plicable statutes listed in 15.1. the Federal agency. upon Its own action or ' upon written request of an authorized representative of the Department of Labor. snail take such action as ma7 be necessary to cause the suspension of the naymert. advance or guarantee ' of funds untii such time as the viola. 15ons are discontinued or until suffi. [writ funds are withheld to compen- sate employees for the ]'ages to which ' they are entitled and to cover any lie• undated damages which may be due. 9 +.111 Restitution. criminal action. ' a) In cases other than those for. warded to the Attorney General of the United States under paragraph (1:11, of t5:s sect:on. where violations of the Inter standards clauses contained in ' 1 5.5 and the applicable statutes listed In ) 5.1 result In underpayment of Wages 50 employees. the Federal agency or an authorized representa- tive of the Deparment of Laoor shall request that res :tution be made to soon er.,pwveea 0r on their behalf t0 'Pions. !urds. err programs for any type of cans 1,05' fringe benefits within tie I me1nie9 of section licit =1 of the Davls•Bacon Act. 15, In cues where the Agency Head or the Administrator finds substantial I evidence that such violations are will. fu: and in s(ularion of a .criminal stat- ute. the matter shall be forwarded t0 tole Attorney General of the Cnited Stases for prosecution If the facts war. ran:. In all such c..es tic Administra• :or 61:11! be Informed simultaneously of the action taken. s 5.11 Du.%pules n pay menl of +area. .5) This section sets forth the proce- dure for resolution of•dlsputes of fact or law concerning payment of prevail. Ing wage rates. overtime pay. or proper classification. The procedures in this section may be Initiated upon the Administrator's Own motion. upon referral of the dispute by a Federal agency pursuant to 1 5.5(1)(9). or upon request of the contractor or sube0ntractOns). (bill) In the event of a dispute de- scribed in paragraph (a) of this section in which it appears that relevant facts are at issue. the Administrator will notify the affected contractor and subcortraetorts) (11 any). by registered or certified mall to the last known ad- dress. of the Investigation findings. If the Administrator determines that there Ls reasonable cause to believe that the contractor and /or subcontractcrts) should also be subject to debarment under the Davls•Bacon Act or 1 5.12(])(1). the letter will so tn. dime. (2) A contractor and /or subeontrae• tar desiring a hearing concerntrlg the Administrator's investigative findings shall request such a hearing by letter postmarked within 30 days of the date of the Administrators letter. The re- mint shall set forth those findings which are in dlspute and the reasons therefor. tacludlne any affirmative de- fenses. with respect to the violations and /or debarment. as appropriate. (3) Upon receipt of a timely request for a hearing, the Admittfstrator shall refer the case to the Chief Administra- tive Law Judge by Order of Reference. to which shall be attached a copy of the letter from the Administrator and response thereto. for destghaubn of an Admmistrative Law Judge to conduct such hearings as may be necessary to resolve the disputed matters. The hearing shall be conducted In accord- 1110e with the procedures set forth 111 29 CFR Fart 6. (0)(1) In the event of a dispute de. scribed in paragraph (a) of this section in which it appeals that there are no relevant facts at Issue. and where there is not at that time reasonable cause to institute debarment proceed. ings under 15.12. the Administrator shall notify the contractor and subeortractons) (If any). by registered or certified mail t0 the last known 10• dress. of the investigation ( indings. and shall issue a ruling on any Issues of law known to be in dispute. 1 2))1) If the contractor and: or subeontraetons) disagree with the fac- tual findings of the Administrator or believe that there are relevant facts in dispute. the 90ntrac:ur or subcontractors) shall se ad ::ac the Ad ^'^IStrator 5v kt34r postmarked wltnlh 30 days of :1e date of the Ad. mlr. :strator1 letter Ir. the response. the contractor and/or subcontractors: shall expla:r. In detail the facts alleged to be in dispute ar.d attach any support : : :g documentation. 1111 Upon receipt Of a response uhder paragraph (c)(2)))) of this section al. Iegtng the existence of a factual dis• puce. the Administrator shall examine the information submitted. If the Ad- ministrator determines that there is a relevant issue of fact. the Adminutra• for shall refer the ease to the Chief Adruntstrative Law Judge in accord- ance with paragraph (5)(3) of this sec. • non. If the Administrator determines that there is no relevant issue of fact. the Administrator shall so rule and advise the contractor and subeontractorts) (lf any) accordingly. (3) If the Contractor and /or subcbntraetor(s) derive review of the ruling Issued by. the Administrator under paragraph (001) or (2) of this section. the contractor and /or subcbntra0t0ns) shill file a petition for review thereof with the Wage Ala. peals Board within 30 days of the date of the ruling. with a 0007 thereof the Administrator. The petition for review shall be filed in accordance with Part 7 of this title. (5) If a timely response to the Ad. m)nlstrators findings or ruling is not made or a timely petition for review u not filed the Administrators findings and /or ruling shall be (InaL except that with reamer to debarment under the Davtls•Baeon Act. the Administra• for shall advise the Comptroller Gen• oral of the Admintstrator's recommen• dation in accordance with 1 5.12111( If a timely response or petlti0n for review is filed, the findings and /or ruling of the Administrator shall be inoperative unless and until the deci• slon is upheld by the Administrative Law Judge or the Wage Appeals Board 9 5.13 Debarment proceedings. lax l) Whenever any contractor or subcontractor Is found by the Secre• Cary of Labor to be in aggravated or a•illfu! violation of the labor standards provisions of any of the applicable statutes listed In 5 5.1 other than the Davis -Bacon Act. suet contractor or subcontractor or any firm. corpora• titan. partnership, or association in which suet contractor or subcontrac• for has a substantial interest shall be Ineligible for a period not to exceed 3 Years (from the date of publication by the Comptroller General of the name or .tames Of said contractor or subcon- tractor on the ineligible list as p10t'Id. 10 below) to receive any contracts or subcontracts subject to any of Inc statutes listed in 1 5.1. (31 In eases arising under contracts covered by the Davus•Bacon Act. 551e A:^ nlstrator shall transmit to the Corn :troller General the names of the contractors Or subcontractors and 11100nslbl9 officers. if any land 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 g 5.12 (a)( any firms in a"tch the c ntrac :Ors or subcdntrxctors are known to have an interest!. wno have beer.. found to ::are disregarded their obligations to e ^.p'- cyee5. aro the e.. ^.daFr• of cne Secretary' of Labor or author- :zed representative regarding debar- r..ent. The Comptroller General will distribute a list to all 9'eceral ager..cies giving the names of mien ineligible person or firms. who shall be ineligible to be awarded ar.y contract or subcon- tract of the United States or the Dis- trict of Columbia and any contract or subcontract sub:ect to the labor stand- ards provisions of the statutes listed in 1 5.1. (b)(1) Ir. addi::ori to cases under which debarment action Is Mutated pursuant to 11.11. whenever as a — resu*t-of an investigatior. conducted by the Federal agency or the Department of Labor. and where the Administrator finds reasonable case to believe that a contractor or subcontractor has corn• mitred willful or aggravated violet:ors of the labor standards provisions of any of the statutes listed in 1 5.1 (other than the Davis -Bacon Act). or has committed violations of the Davis- Bacon Act which constitute a disre- gard of its obligation to employees or subcontractors under section 311) thereof. the Administrator shall notify by registered or certified mail to the last known address. the eon ^,rector or subcontractor and its re3DOn3ible oftl- cert. if any and any flans in which the contractor or subcontractor are known to have a substantial Interest). of the (Indira. The Administrator shall afford such contractor or subcon• tractor and any other parties notified an opportunity for a heating as to whether debarment action should be taken under paragraPk. (11)(1) of this section or section 3(a) of the Davis. Bacon Act. The Administrator shall the iin notified flndlnea 11t he tractor or subcontractor or any other parties notified wish to request a hear• trig u to whether debarment action should be taken. such a request shall be made by letter postmarked within 30 days of the data Of the letter from the Administrator. ofd shall set forth any findings which are In dispute and the reason therefor. including any al• firnative defenses to be raised. Upon receipt of such request for a heating. the Administrator shall refer the ease to the Chief Administrative Law Judge by Order of Reference. to which shall be attached a CODY of the letter from the Adminstrator and the response thereto. for designation of an Adminis- trative Law Judge to conduct such hearings 3.5 may be necessary to deter- mine the matters in dispute. In rcnsld- er(ng deoa ner.t under any of the statutes Listed in 1 5.1 other than the Davis-Bacon Ac:. the Administrative Law Judge shall issue en order con- cerning whether the contractor or sue• rontrlctOr is in ce lebared in acrCre- ar.ce 0.1101 paragraph tauU of this sec lion. In considering debarment ur.cc: the Davls•8acon Al:. the Ad1(n(31r1- c rive Law Judge shall issue is re0Cm t mendation as to whether the cant :lc - for or subs ^[rxc• r should bt- de• barred under sectlor. 31ai of the Al:. (2) Hearings under this section snail be conducted In accordance wath 29 CFR Part 9. If no hearing is requested within 30 days of receipt of ire letter from the Administrator, the AcUturs- trator's findings shall be final. except with respect to recommendatiors re• girding debarment under the Davis- Bacon Act. as set forth in paragraph (61(2) of this section. (11 Any person or firm debarred under 15.12(x)(1) may to writing re- after months from the date of puC lication by the Comptroller General of such person or firm's name on the In- eligible )1st. Such a request should be directed to the Administrator of the Wage and Hour Division. Employment Standards Attralm tratlon. US. De- partment of Labor. Wuhingtotl. D.C. 20210. and shall contain a full expla- nation of the reasons why such person or firm should be removed from the Ineligible list In cases where the con- tractor or subeoat1sdxor failed to matte full restitution to all underpaid employees. a request for removal will not be considered until such tinderpsY- Administr will all the facts and circumstances surrounding the violative practices which caused the debarment. and )sue a decision as to whether or not such person or firm has demonstrated a current resporst• billty to comply with the labor stand- ards previsions of the atatut s listed in 1 5.1. and therefore should be removed from the Ineligible list-Among the fac- tors to be considered to reaching such a deellon are the severity of the viola- tions. he contractor or subcontrac- the p assitnde towards ast Compliance history of the will such removal be effected unless the Administrator de- termines after an Investigation that such person or firm 1s In compilance with the labor standards pr0vt3ions ap- plicable to Federal contracts and Fed• orally assisted construction work sub- ject to any of the applicable statutes listed In 1 5.1 and other labor statutes providing wage protection. such as the Service Contract Act. the Wain:- Healey Public Contracts Act and the Fair Labor Standards Act I1 the re- quest for removal is dented. the person or firm may petition for review by the Wage Appeals Hoard pursuant to 29 CFR Put' (du 1) Section 3(a) of the Davu- Bacon Act provides that for a period of three years from date of publleactor on the ineligible list. no contract snail be awarded to any persons or firms placed byehe Comptroller General find- such persons orirrrys have dasregard• ebagl.ions to en :ployees and 3:: :- r cr.tra: :ors tinder : :tat Ac'. one 1•..:• her. that 1'0 wn: :aci aria.. be rvar_• ed. to 'any firm. corpora:ten. partner 111 11 arsoc:at.or :.^. wr:cn suer. pe:• sons or fir. — .0 nerve an interest. 21 :a• graph tam 1) cf this 3001101'. simaa ^y Provides that for a period not to exceed three years tram case of pub:t• Ca11On on 5115 _,elis(ble list. no con- tract subiect to any of the statutes listed in 1 5.1 snail be awarded to ar.y contractor or subcontractor on the in- eligible list pursuant to that pars• graph. or to - any firm. corporation• partnership. or association" In which such contractor or subcontractor has a .. substantial interest:' A finding as co whether persons or firms whose names appear 0n.the ineligible list have art interest (01.6 suostantlal interest. as appropriate) in any other firm corno- rauon. partnership. Or 3330011510n. may be made through ihve51102 ion. hearing. or otherwue. (2)(1) The Administrator. on hla /her own motion or after receipt of a re- quest for a determination pursuant to paragraph (d)(3) of this section may make a finding on the issue of interest (Or substantial interest. 113 apDrOPn- ate). (Il) If the Administrator determines that there may be en interest (or 3ub- srandal interest as sp'proPriate/ but finds that there s Innultle)ent evi- dence to render a final ruling thereon. the Administrator may refer the issue to the Chief Adana/at:1We Law Judge In accordance with paraarnet%(dna) of this section. (I)1) If the Administrator finds that no interest (or substantial interest as appropriate) exists. or that there is not sufficient information to warrant the Initiation of en Investigation. the tled d requesting no further actf n taken. no (tv)(A) If the Admu:strator finds that an Interest (or substantial Inter• est. as appropriate) exists. the person or firm affected ahll be notified of the Admuustrator's finding (by certifie mail to the lase known address). whirr 3ha11 ;aelude the reasons therefor. and such person or (t'-. shall be 1fordea an opportunity to request that a hear- ing be held to render a decision on he issue. (S) Such person or firm shall have 20 days from the date of the Adminis- trator's ruling to request a hearing. A detailed statement of the reason why the Administrator's ruling is in error. including fats alleged to be in dis- pute. if any. shall be submitted with the request for a hearing. (C) I( no hearing is requested within cne time men :1010d in paragraph (d)(2)()v)(8) of this see: :an. the Ad• man(atrat0r's finding shall be final and the Administrator shall 3o hotlfy the Comptroller General. If a nearing )3 reeuested. the r. ±1120 of the Admtn(s• tutor shall be inoceratts•e unless and tar. : :) :.`.e admi^s :alive iaw ;.edge or t 5.12 ( ... Wage Anpeats Board issues an crcrr that there is an Interest for sub. sr..t :ai interest. as appropriate.`. 3;.i, A ren..uest for a deterrunation of .n tere4: •or substantial interest. as 1..,.._,.:a;e•. may be made by any in• ter °L: ∎n party. including cortractors or prospective contractors and a.5ocia• tics of contractors representatives of .:op:oyees. and incerested Govern- ment agencies. Such a request shall be submitted in writing to the Adroinis• (rotor. Wage and Hour Division. Ern. otoymer.t Standards Administration. U.S. Department of labor. Washing- ton. D.C. 20210. 4111 The request shall Include a state- ment setting forth in detail why the Petitioner believes that a person or whose.. name appear on the de• oarred_btdQcm list has an interest (or a substantial interest. as appropriate) in any firm. corporation. partnership. or association which Ls seeking or has been awarded a contract of the United States or the District of Columbia. or which is subject to any of the statutes listed in 15.1. No particular formal is prescribed for the submission of 1 re• guest under this section. .4) Referral to the Ch e/ Adminslra. lice Laic Judge. The Administrator. on hit /her Own motion under paragraph d k 2+l II( of this section or upon a re- quest for hearing where the Admirts- trator determines that relevant facts are in dispute. will by order refer the issue to the Chief Admmistratlre Law Judge. for designation of an Adminis- trative taw Judge who shall conduct such hearings as may be necessary to .ender a elects :On solely on the issue of irterest (cr substantial interest. as ap- ;ropr :ate:. Such proceedings shall be conductod ir. accordance with the Pro- cedures set forth at 29 CFR Part 6. 151 Rc.cTCl l0 the Wage Appeals Booed If the person or lira affected requests a hearing and the Adminis- trator determines that relevant tats are not to dispute. the Administrator will refer the issue and the record compiled thereon to the Wage Appeals EoarC to rencer a decision solely on the issue of interest (or substantial in- terest. as appropriate). Such proceed• ins shall be conducted in accordance with the procedures set forth at 29 CFR Par: 7. lea FR 19341. Aar. 29. 19x3. as Veen.led at 56 30213. Nov. 1. 19031 3.13 Rutinpt and interpretation.. Ali ;ues :tons relating to the applica- tion arc :r._. ._.ation of wage deter• — era ;tons .:nc :udirg the classifica- tions to • Issued pursuant to ?art of this suotitle. of the rules con. :amid In this put and In Pars 1 a.•td 3. and of the labor standards OrOvi• 00110 01 any of 21C statutes Ilstee f 5.: snail be referred to the Acs ntr :s• t rotor for sporepr:ate rul:lc or i.^.tvr• etas :on - 'e rulin r3 gs and : reta- r )Y (0.r.0 shalt to 11: 1.nor: :at :ve and :.nose under thv Dav :s•Baenn Act may me rolled upon Y: provided far in iect.on. 10 of the Portai•to• Portal Ac: of 1947 129 C.S.C. 2591. Requests for such rut. I.1gs and interpretations should be ac• diesied to the Administrator. Wage and Hour Division. Employment Standards Administration. C.S. De- partment of Labor. Washington. D.C. 20210. 9 5.11 Variation.. tolerance,. and exemo- (ions from Parts 1 and 3 of this subtitl. and this pan The Secretary of Labor may make variations. tolerances. and exemptions from the regulatory requirements of this part and those of Parts 1 and 3 of this subtitle whenever the Secretary finds that such action Is necessary and proper in the public interest or to pre- vent Injustice rind undue hardship. Variations. tolerances. and exemptions may not '30 made from the statutory requirements of any of the statutes listed in 4 5.1 unless the statute specll• fealty provides such authority. 9 5.15 Limitations. variations. tolerances. and exemptions under the Contract Work Hours and Safety Standards Act. (a) CenercL Upon his or her own ini- tiative or upon the request of any Fed• eral agency. the Secretary of Labor may provide under section 105 of the Contract Work Hours and Safety Standards Act reasonable limitations and allow variations. tolerances. and exemptions to and from any or e11 pro- visions of that Act whenever the See. retard' finds such action to be neces- sary and proper In the public Interest to prevent injustice. or undue hard - onto. or to avoid serious impairment of the conduct of Government business. Any request for such action by the Secretary shall be submitted In writ. Ina and shall set forth the reasons for which the request Ls made. (151 Exemptions. Pursuant to section 105 of the Contract Work Hours and Safety Standards Act the foalowltlg classes of contracts are found exempt from all provisions of that Act In order to prevent Injustice. undue hardship, or serious Impairment of Goverment business (1) Contracta of 32.000.00 or less (21 Purchases and contracts ocher than construction contracts In the lu- cre/ate amount of 32.500.00 or less. In arriving at the aggregat2 amount in- volved. there must be included all property and services which would properly be grouped together in a single transaction and wench would be mctuded In a single advertisement for bids if the procurement were being et• feeted by formal advertising. (31 Contract work performed In 1 workplace wtth)n a foreign country or within territory under the jurisdiction of the Crated States other than the following: A State of the United States: the District of Columbia: Puerto Rico: therVJrrgl Islands: Outer C30 :atop.tai Shelf :ands defined In the Outer Continental Shelf Lands Ac: .. 345. 67 Stat. 4621: American Samoa: Guam: Wake Island: En rvetc,: Atoll: 1Saalale :n Atoll. and Johrs:cr. :315.110. (4) Agreements entered into by or on behalf of the Corn•nbdity Credit Cor• cor_:ton providing for the storing in or handiing by commercial warehouses of wheat. corn. oats. barley, rye. grain sorghums. soybeans. flaxseed. rice. naval stores. tobacco. peanuts. dr.• beans. seeds. Cotton. and wool. (5) Sales of surlus power by the :'erlessee Valley Authority to States. counties, municipalities. cooperative organization of citizens or farmers. cbrporattors and other individuals pursuant to section 10 of the Tetif(es• see Valley Authority Act of 1933 (16 C.S.C. 8311). (c) Tolerances. (1) The "basic rate of pay" under section 102 of the Contract Work Hours and Safety Standards Act may be computed as an hourly equiva- lert to the rate on which time -and- one -half overtime compensation MIS' be Computed and paid under section. 7 of the Fair Labor Standards Act of 1938. as amended (29 U.S.C. 207), as Interpreted In Part T78 of this title. This tolerance is found to be necessary and 050000 III the nubile intermit in order to prevent undue hardship. (2) Concerning Inc tolerance provid- ed In paragraph (0)(1) of this section. Inc prortsions of section 7(d)(2) of the Fair Labor Standards Act and 1 778.7 of this title should be noted Under these provlslbna payments for occa- sional periods when no work is pen. formed. due to vacations. and similar causes are excludable from the "regu- lar rate" under the Pair Labor Stand- ards ACT. Such payments. therefore. are also excludable from the "basic rate" under the Contact Work Hours and Safety Standards Act (3) See 1 5.8(c) providing a tolerance subde5egating authority to Inc heads of agenda to make approprtate ad- . hutment; in Inc assessment of liqui- dated damages totaling 3500 or less under specified circumstances. (4)(1) Time spent In an organized program of related supplemental in- struction by laborers or mechanics ertl- Played under bona fide apprehtieeshlP or training programs may be excluded from working time 11 the criteria pre- scribed in paragraphs (C)(40ii) and Itii) of this section are met (It) The apprentice or tnlnee comes within the definition contained in 5.2501. 0:111 The time in question does not involve productive work or perform• ance of the aOprentice's or trainees regular duties. Id) Vanetions(1) In the event of failure or refusal of the contractor or any subcontractor 10 eors;15' with overtime pay requirements of the Con- tract Work Hours and Safety Stand - ards Alt. if the (un03 wtchhe(d by Fed- eral agencies for the violation are not sufficient to pa)' 5011y bath (1e unpaid S 5.15 (d)(I) aaac3 due laborers and mechanics and the ::quspatcd damages due the United States. the available funds shall be .sec first to compensate the laborers one a:ecnanics for the wages to a ... y arc er..titled (or an equitable ;or- Lion thereof when the funds are not adequate for this purpose): and the balance. if any, shall be used for the payment of liquidated damages. (21 In the performance of any con- tract entered into pursuant to the pro- visions of 38 U.S.C. 820 to provide nurslrg home care of veterans. no con- tractor or subcontractor under such contract shall be deemed in violation of section 102 of the Contract Work Hours and Safety Standards Ac: by virtue of failure to pay the overtime wages. required by such section for work in excess of 40 hours i the work - week`to any Individual employed by an establishment which is an initttution primarily engaged In the care of the sick. the aged. or the mentally Al or defective who reside on the premises If. pursuant to an agreement or under- standing arrived at between the em- ployer and the employee before per- formance of the work. a work pen0d of 14 consecutive days Is accepted in lieu of the workweek of 7 consecutive days for the purpose of overtime com- pensation and 11 such individual re- CelVe3 compensation for employment lA exeeat of 8 hours in any w0rkdaY and in excess of 50 hours in such 14- day period at a rate not less than 1)4 times the regular rate at which the In- dividual is employed. computed In so- cordanee with the requirements of the Fair Labor Standards Act of 1938, as amended. (31 Any contractor or subcontractor performing on 1 government contract the principal purpose of writers la the furnsning of fire fighting or suppres- sion and related 3erVMes. 311111 not be deemed to be in violation of Section 102 of the Contract Work Hour and Safety Standards Act for failing to pay the overtime compensaUOn required by section 102 of the Alt in accordance with the baste rate of pay as defined in paragraph (en l) of this section. to any pilot Or copilot of a fixed -wing or rotary-wing aircraft employed on such contract if: (1) Pursuant 10 a written employ- ment agreement between the contrac- tor and the employee which is arrived at before performance of the work. (Al The employee receives gross wages Of not less than 3300 per week regardless of the total number of hours worked in any workweek. and 021 Within any workweek the total wages which an elnpl00ee receives are not less than the wages to which the empluyee would have been entitled in teal workweek if the employee were paid the minimum hourly wage re- quired under the contract pursuant to Me provisions of the Service Contract Act of 1965 and 15y' a0011cable wage determination issued thereunder for all hours worked plu3 101 additional premium pay s^• ^t of one•half tunes such mini:num hourly wage for all hours aorxed in excess of 40 hours in t -e workweek: (act The contractor rra :niairs accu- rate re22ris Of cite total daily and weekly hours of work performed by such employee on the government contract. Ir. the event these conditions for the exemption are not met. the re- quirements of section 102 of the Con- tract Work Hours and Safety Stand- ards Act shall be applicable to the con- tract from the date the contractor or subcontractor falls to satisfy the con- ditions until completion Of use con - tmcG (The reeordlteeping requirements contaaed m paraeratn (di g) of Mu section Were ap- proved by the Office of Management and 33udget seder 00.02 control numbers 1203 - 0140 and 1213 - 00I7 and paragra3h (4RUXXIU under 1313-0017.1 f48 FR 19341. Apr. 39. 1983. as amended at 31 PR 13363. Apr. 9. 19561 0.16 Training plans approved or reeog- nlaed by the Department of Labor prior to August 20. 1970. fa) Notwithstanding the provisions of 1 5.5(0)(4x11) relating to the utlllza- 1100 of trainees on Federal and feder- ally omitted construction. ne 00ntrae- tor shall be required to obtain approv- al of a training program which. prior to August 20. 1975. was approved by the Department of Labor for purposes of the Davis -Haeon and Related Acts. was established by agreement of Orga- nized labor and management and therefore recognized by the Depart. meet. and /or was recognized by the Department under Executive Order 11246. as amended. A copy Of Ma Pro- gram and evidence of its prior approv- al. if applicable shall be submitted to Me Employment and Training Admin- istration. which shall certify such Prior approval or recognition of the Program. In every other respect. the provisions of 133(1)(4x111- Including those relating to registration of ttaln- en, permissible ratios. and wage rates to be paid -shall apply to these pro- gr amt. (b) Every trainee employed On a con- tract executed an and atter August 20. 1975. in one of the above training pro- grams must be Individually registered In the program In accordance with Employment and Training Adminis- tration procedures. and must be paid at the rate specttled In the program for the level of progress. Any such em- ployee listed on the payroll at a train- ee rate who is not registered and par - Ustp61ms in a program certified by ETA pursuant to this section. or ,ap- proved and certified by ETA pursuant to 1 Satan UMIL must be paid the wage rate determined by the Secretary of Labor for the rlusitl0atton of work actually performed. The ratio of train- ees to journeymen shall not be greater than permitted by the terms of the Program. (c) In the event a program which was rer0gnl:ed or apnrnved prior to A.1e113t 20. )975.7c. ijuddied. ,wised. extended. or rrne'a•rd. thr crs•_ :, 05 prograr., or (:s renewal situ :. aL, proved 02 (ne Employ:nen: ant. Tra.r.• inq AOmsristralion celOre the: r-as ce placed into effe21. 15.17 Withdraral of 533000 ai 01 a (r m Mg program. If at any time tile Employment c Training Administration den: rm:0cS. alter opportunity (or a hearing. that ' the standards of any program. 1 - 1 i 5 th• er It is one reco5^.Wed or approved ;nor to August 20. 1975. or a programs subsequently approved. have n'it teen complied with. or :hat ;tic.^, a pragro-:. fails to provide adequate trar ^g fur participants. a contractor wit! no longer be permitted to utilize trainees at less than the predetermined rate for the classification of work actual!; performed until an accepta0le pro- gram is approved. Subpart Il- Interpretation of the Flings Benefits Provisions of the Davis -Bacon Act SOCae= 29 FR 17403. Sept. 30. 1964. units cthermse notes. 5320 Scope and significance of this sub - part- The 1964 amendments (Pub. L 88- 349) to the Davis -Bacon Act require. among other things. that the prevail- ing wage determined for Federal and federally - assisted construction include: tai The basic hourly rate of pay: and (0) the amount contributed by ire contractor or subcontractor for certain fringe benefits for the cost to them of 551001 benefits). The purpose of this subpart is c0 explain the provisions of Mete amendments. This subpart makes available in One place official interpretations of the fringe benefits provisions of the Davis -Bacon Act. These interpretations will guide the Department of Labor in carrying out its responsibilities under these provi• siona. These interpretations are In- tended also for the guidance of Con- tractors. their associations. laborers and mechanics and their organ=- [ions. and local. State and Federal agenele3. who may be concerned with these pronsions of the law. The inter- pretations contained in this subpart are authoritative and may be relied upon 13 provided for in section 10 of the Portal -to- Portal Act Of 1947 (29 U.S.C. 359). The omission to discuss a Particular problem in this subpart Or in tnterpretaUOrs SUOplementing it should not be taken to indicate the adoption of any position by the Secre- tary of Labor a•tt11 respect to such problem or to constitute an adminii• traave interpretation. 3rae::ce. or en• forcement policy. Guesuor.s on mat• tern not fully covered by this subpart may be referred to the Se. ^eetary for irate .retatwn as provided in i Y.12. ( ■.:1 I Re..mmre } § 5.22 • •:ffen ..1 (hr fruter hrnef pr■•ntuns. T11r Dav:s•Bacon Act an,. :he :re- , a:1;r:c wade provisions of '.hr ?(rd . ztret !n i 1 "1 of t:115 .et:ht : : :e confer upon. the Sec et3r of 1.azor the 4utha rity to predeter — le. irnum. wages. those wage rates found to be prevailing for corresponding [(asses of laborers and mecnan :rs em- ployed on projects of a e^arac :er semi• tar to the contract work In the area in which the work is to be periorr..ed. See paragraphs (a) and (bl of II.: of this subtitle. The ( range benefits amendments enlarge the scope of :has authority by including certain bona fide fringe benefits w••.'n the mean- ing of Use terms "wages ". "scale of wages ". - "'swage rates' minimum •+'ages- ancUpreva111rg wages ". as used in the Davis -Bacon Acv. 51.23 Tnc statutory provisions. The fringe benefits provisions of the 1.964 amendments to the Davis-Bacon Act are. Ir. part. as follows: 1a1 As used 1n this Act lhr term • aces "scale of wages "wage rotes - . "minimum wages ". and "p.evalhne •5113 shall 1n• clude- 11) The basic hourly rate of pay: and (3) The amount of— (Al The rate of contribution irrevocably made by a contractor or suocontractOr tl a tester or to a third person pursuant to • fund. plan. or program: and (8e The race of edits to the contractor or subcontractor which may be reasanaoly ae- ttctoated to providing benefits to laborers and mechantt3 pursuant to an enloroeaole commitment to carry out s (manually rt- soonsible plan or proeram vetch Lou corn. munleated to w3itlng to the laborers and mechanic, affected. for medical or hospital are. pensions on re. urement or dead:. camper-tat:on for mlt, r.es or illness resulting from occt3at:0nal acidity. or lrsuranae t0 provide any of the foregoing. for unemployment benefits. life insurance. disability and stem= Imsura Ce. or sec:dent insurance. for vacation and holi- day pay. for defraying onus of aoorenttee- shtp or other sumllar programa or for other bona aide (range benefits. but oNy rnere the contactor or subCOntrae5oe La not re- quired by other Federal. state. Or local law to orot•Ide any 0f such benefits • • 9 5.:1 The basic hourly nu of pay. The basic hourly rate of pay" is that par: of a laborer's Or mechanic's wages which the Secretary of Labor would have found and Included its wage determinations prior to the 1964 amendments. The Secretary of Labor Is required to continue to make a sepa- rate finding of this portion of the wage. In general. this portcn of the wage is the Cum payment' made direet- 13 to the laborer or . ^..echanlC. It does not include fringe benefits. 5.33 Rate of contribution or cost for fringe 3enefits. Cncer the amendments. t.`.e Sec rotary 1s obligated t0 ntaxe a separate finding of eh0 32 :0 of ect:tr :o: :ton or :::s: of frIngt henefii... Only tar amount of contributions or costs for :range benefits which meet the re- au:remems of the act will be c0nstd• ere4 by the Secretary. These require- ments are d :scua,ed In this subpart. (31 The race of contribution or cost is ordinarily an hourly rate. and will he reflected in the wage determination as such. In some cases. however. the contribution or cost for certain fringe benefits may be expressed In a formu- la or method of payment other than an hourly rate. In such cases. the Sec- retary may in his discretion express in the wage determination the rate of concrtoution or cost used in the formu- la or method Or may convert it t0 an hourly rate of pay whenever he finds that such action would facilitate the administration of the Act. See 3.5321(1)(i) and (111). 45 =6 '• • • contribution Irrevocably made • • • to a Witte or to • third Person". Under the fringe benefits provisions (section 1(3/(2) of the Act) the amount of contributions for fringe benefits must be made to a trustee or to a third person irrevocably. The "third person" must be one who Ls not affiliated with the contractor or subcontractor. The trustee must assume the usual llduef- ary responsibilities Imposed upon trustees by applicable law. The trust or fund must be set up in such a way that Us no event will the contractor or subcontractor be able to recapture any of the contributions paid in or any way divert the funds to his own use or benefit. Although contributions made to a trustee or third person pursuant to a benefit plan must be Irrevocably made. this does not prevent return to the contractor or subcontractor of sun's which he had paid In excess of the contributions actually called for by the plaza as where such eXeess pay menu result from error or from the neee5.11ty of making payments to cover the estimated cost of contributions at a time when the exact amount of the neesssary contributions under Me plan u not yet ascertained. For exam- ple. a benefit plan may provide for definite insurance benefits for employ- tin in the event of the happening of 1 specified contingency such as death. sickness. accident. eta and may pre- tide that the cost of such definite ben- elite. either in full or any balance in excess of specified employee contribu- tions. will be borne by the contractor or subcontractor. In such a case the return by the insurance company to the contractor or subcontractor of suns paid by him in excess of the amount required to provide the bene- fits which. under the plan. are to be Provided through contributions by the contractor or subcontractor. loll not 0e deemed a recapture or diversion 33 the employer of contributions made pursuant to the plan. (See Report of One Senate Commtltee on Labor and PI:plic welfare. 5. Rep. No. 963. 88th Cong.. 21 Seed.. p. 5.1 3 '•• • • fund. plan. or prurr•m' L'e cur.tnbuaons for fr:.^.ge Se0001 :a must be made pursuant to a fund. plan or program (sec. 1(b( :1(A( of the act). The phrase "fund. plan. or program" Is merely Intended to recognize the various 33305 Of arrangements com- monly used to provide ( range beneflu through employer contributions. The phrase is identical with language con- tained in section 30.1 of the Welfare and Pension Plans Disclosure Act. In interpreting this phrase. the Secretary will be guided by the exuer:ence of the Department in adtnlrtste. ^.rag the latter statute. (See Report of Senate Committee on Labor and Public tyel• fare. S. Rep. No: 963. 88th Cong.. 24 Sess.. p. 5.1 -- 9 3.3 Unfunded plans. (a) The costs to a contractor or sub- contractor which may be reasonably anticipated In providing benefits of the types described In the act pursu• ant to an enforceable commitment to carry out a financially responsible plan or program. are considered fringe benefits within the meaning of the act (see 1(0)(2)(8) of the act). The legisla- tive history suggests that these provi- sions were intended to permit the eon. animation of fringe benefits meeting. among others. these requirements and which are provided from the general assets of a Contractor or subcontrac- tor. (Report of the House Committee on Education and Labor. A Rep. No. 308. 88th Cong.. 1st Sess. p. 4.> (b, No type of fringe benefit is eligi- ble for consideration as a so- called un- funded plan unless: (1) It could be reasonably anticipat- ed to provide benefits described in the act:. (2) It represents a Commitment that can be !easily enforced: (3) •It is carried out under a (roan• elally responsible plan or program: and (4) The plan or program providing the benefits has been communicated in writing to the laborers and mechan- ics affected. (See S. Rap. No. 963. p. 6.) ft) IL is in this manner that the act provides for the consideration of un- funded plans or programs in finding prevailing wages and in ascertaining compliance with Inc Act. At the Same time. however. there is protection against the use of this provv)on as a means of avoiding the act's reouire- meats. The words - reasonably antici- pated are intended to require that any unfunded plan or program be able to withstand a test which can perhaps be best described as one of actuarial soundness. Moreover. as In the tale of other fringe benefits payable under the act. In 3111U:dea plan or program must be "bona fide" and not a mere stmulatuor. or sham for avotdtnc :am- puanee with the aft. ( See E. Rep Nn. 3. p. 6.) The legislative history sug• ests that In order to insure against the possibility that these provisions iglu be used to avoid compliance )th the act. the committee concern• ate, that the Secretary of Labor In carrying out his responsibilities under eorganizatlon Plan No. 14 of 1950. ay direct a contractor or subcontrac• r to set aside in an account assets which. under sound actuarial princt- riles. will be sufficient to meet the lit ture obligation under the plan. The eservatlon of this account for the rpose intended would. of course. also be essential. (S. Rep. No. 963. p. 1 This Is Implemented by the con• ctual provisions required by .5(a)(1)( -1v). i Specific fringe benefits 1 The act Ilse all types of fringe efts which the Congress consid• -red to be common in the construction �� ustry as a whole. These include the M owing: medical or hospital care. ions on retirement or death. corn - ienaatlon for injuries or Illness result• from occupational activity. or in- ce to provide any of the forego- . unemployment benefits, life Maur- nee. disability and sickness Insurance. -• accident insurance. vacation and iday pay. defrayment of costs 'of renticeship or other similar pro- rants. or other bona fide fringe bene- its. but only where the contractor or i contractor is not required by other eral. State. or local law to provide of such benefits. (b) The legislative history Indlcatea t It was not the intent 01 the Can- to Impose specific standards re• g to administration of fringe ben - fits. It was assumed that the majority fringe benefits arrangements of this l ure will be those which are admin. red In accordance with require• 1 1 1 1 Clew. Pyryinn Ireemorkaril... 1.31 Meeting wage determination obliga• lions. ) A contractor or subcontractor forming work subject to • Davis. aeon wage determination may tits• trite his minimum wage obligations :rents of section 302(c)(5) of the Na• tional Labor Relations Act. as amend- ed (S. Rep. No. 963. p. 5). (c) The term "other bona fide fringe benefits" is the so•called "open end" provision. This was included so that new tinge benefits may be recognized by the Secretary as they became pre- vailing. It was painted out that a par- ticular fringe benefit need not be rec- ognized beyond a particular area in order for the Secretary to find that It is prevailing in that area. (S. Rep. No. 983, p. 8). (d) The legislative reports Indicate that. to insure against considering and giving credit to any and all fringe ben• efls. some of which might be illusory or not genuine. the qualification was Included that such fringe benefits must be "bona fide" (H. Rep. No. 308. 0. 4: S. Rep. No. 983. p. 6). No dlfflcul• ty is anticipated In determining whether a particular fringe benefit is "bona fide" In the ordinary case where the benefits are those common In the construction industry and which are established under a usual fund. plan. or program. This would be typically the case of those fringe benefits listed In paragraph (a) of this section which are funded under a trust or insurance program. Contractors may take credit for contributions made under such conventional plan without requesting the approval of the Secretary of Labor under 1 5.5(a)(1)(1v). (e) Where the plan Is not of the con- venUonal type described in the preced- ing paragraph. It will be nee scary for the Secretary to examine the facts and circumstances to •determine whether they are "bona fide" In ac- cordance with requirements of the act. This is particularly' true with respect to unfunded plans. Contractors or cub. contractors seeking credit under the act for costs incurred for such plan must request specific permission from • the Secretary under 1 5.6(aXl)(lv). eee MrM1 Mee stem. *remora. Amp. Vaal .n. er ne atMn POO.T • 13.71 t.. 5001 Sets' • i 7.so i ,5 1 50.10 t 50.201 ..4 ..es I l0 I is __... �........_ ....._._ .sal ,s; A so os' In 1tru0 De noun T. fem., .. rot n.ee..uw a ter ..,a tors n .ncn eetarmnsoe .e saw. 1 4 is .Pavane', .ter l costs for fide" fringe benefits of the types listed in the applicable wage determination or otherwise found pre- vailing by the Secretary of Labor. or by a combination thereof. (b) A contractor or subcontractor may discharge his obligations for the if) The act exc :;ides .ringe benefit.; which a contractor or subcontractor 15 obligated to provide under other Fed- eral. State. or local law. No credit may be taken under the act for the pay ments made for such benefits. For ex• ample. payment for workmen's com• pensation insurance under either a compulsory or elective State statute are not considered payments for fringe benefits under the Ac:. While each sic• uatlon must be separately considered on its ova, rents. payments made for travel. subsistence or to Industry pro- motion funds are not normally pay- ments for fringe benefits under the Act. The omission In the Act of any express reference to these payments. which are common in the construction industry. suggests that these pay- ments should not normally be regard- ed as bona fide benefits under the Act. A 330 Types of wage determinations. (a) When fringe benefits are prevail- ing for various classes of laborers and mechanics in the area of proposed con. sttuation. such benefits are Includable In any Davis -Bacon wage determina• Lion. Illustrations, contained In para- graph (c) of the section. demonstrate some of the different types of wage de- termination which may be made in such cases. (5) Wage determinations of the Sec- retary of Labor under the act do not Include fringe benefits for various classes of laborers and mechanics whenever such benefits do not prevail In the area of proposed construction. When this occurs the wage deterrnina. tion will contain only the basic hourly rates of pay, that U only the cash wages which are prevailing for the var. lots classes of laborers and mechanic. An illustration of this situation is con- tained in paragraph (c) of this section. (0) Illustration,: contained in a wage determination ap- plicable to his laborers or mechanics in the following ways: (1) By paying not less than the basic hourly race to the laborers or mechan- ics and by making the contributions for the fringe benefits in the wage de. 1 ' :.i pa racran,Ii ici of 15.30. the oulwa- !.onb for - pain :rrs" will be met be the payment of a straight time hourly rate :ir hot Ies.. than 53.90 and by cot. :rit• I :t :rag not Tess than at the rate of 15 cents an hoar for health and welfare bent(: :a. 10 cents an hour for pen. - s :ono. and 20 cents an hour for vacs. 1:cns: or I By 035:110 not less than the basic hourly rate to the laborers or mechan• ics and by malting contributions for "bona fide" fringe benefits in a total I amount not less than the total of the fringe benefits required by the wage determination. For example. the on. gatiors for "punters" in the illustra• I son in paragraph (01 of 15.30 will be met by the payment of a straight t --e hourly.rate of not less than 53.90 and by Cantrj litiors of not less than a total of 45 cents an hour for "bona I fide" fringe benefits: or (3) By paying in cash directly to la- borers or mechanics for the basic hourly rate and by making an add:. tional cash payment in lieu of the re• uired benefits. For example. where n employer does riot make payments or incur costs for fringe benefits. he would meet his obligations for "paint• s In the Illustration 01 paragraph c) of 1 5.30. by paying directly' 1:) the Painters a straight time hourly rate of not less than 34.35 (33.90 basic hourly la te pits 45 cents for fringe benefits): r (4) A; stated In paragraph (a) of this section. the contractor or subcontrac• r may discharge his mmirnurn wage b llgations for the payment of right time wages and fringe bene- fits by a combination of the methods illustrated In paragraphs tbitl) thru I 1 of this section. Thus. for example. is obligations for "painters" may be et by an hourly rate. partly in cash and partly In payments or costs for I nge benefits which total not less an 34.35 (33.90 basic hourly rate us 45 cents for fringe bene(itt1. The 1 1 1 1 1 or costs for fringe benefits. (35 Fit 13136. Oct. 15. 19651 3 5.32 Overtime payments. tai The act excludes amounts paid by a contractor or subcontractor for fringe benefits in the computation of overtime under the Fair Labor Stand ards Act, the Contract Work Hours and Safety Standards Act, and .the Walsh - Healey public Contracts Act whenever the overtime provisions of any of these statutes apply concur. rently with the Davis-Bacon Act or its related prevailing wage statutes. It is clear from the legislative history that in no event can the regular or basic race upon which premium pay for overtime Is calculated under the afore. mentioned Federal statutes be less than the amount determined by the Secretary of Labor as the basic hourly rate ((.e. cash rate) under section 1(b)(1) of the Davis•Bacon Act. (See S. Rep. No. 963. p. 7.) Contributions by employees are not excluded from the regular or basic rate upon which over- time is computed under these statutes: that is. an employee's regular or basic straight-cline rate Is computed on his earnings before any deductions are made for the employee's contributions to fringe benefits. The contractor's contributions or costs for fringe bene- fits may be excluded In computing such rate so long as the exclusions do not reduce the regular or basic rate below the basic hourly rate contained in the wage determination. (b) The legislative report notes that the phrase - contributions Irrevocably made by a contractor or subcontractor to a trustee or to & hird person pursu- ant to a fund. plan, or program" w•as added to the b111 in Committee. This language In essence conforms to the overtime provisions of section 7(d)(4) of the Fair Labor Standards Act. as amended. The Intent of the committee was to prevent any avoidance of : ayments in such case may be 54.10 in time requirements under existing law. t tang and 25 cents In payments or toss See H. Rep. Ho. 308, p. 5. fringe benefits. Or, they may be 'c('1) The act permits a contractor .75 in cash and 60 cents in payments or subcortractor to pay a cash equiva• 1 lent of any fringe benrfits found prr tailing by the Secretary of Lab Such a cash equivalent woulc also excludable in computing the regula. or bas:c rate under the Federal over time laws mentioned in paragraph fa). For example. the W construction con. tractor pays his laborers or mechanics 53.50 in cash under a wage determina- tion of the Secretary of Labor which requires a basic hourly race of 33 and a fringe benefit contribution of 50 cents. The contractor pays the 50 cents in cash because he made no pay• ments and incurred no costs for fringe benefits. Overtime compensation in the case would be computed on a reg. ular or basic rate of 33.00 an hour. However, irksome Cases a question of fact may be presented In ascertaining whether or al a cash payment made co laborers or mechanics Is actually in lieu of a fringe benefit or is simply part of their straight time cash wage. In the latter situation, the cash pay- ment Is not excludable in computing overtime compensation. Consider the examples set fortis in paragraphs cc) (2) and (3) of this section. (2) The X construction contractor has for some time been paying 33.25 an hour to a mechanic as his basic cash wage plus 50 cents an hour as a contribution to a welfare-and pension Plan. The Secretary of Labor deter hou and a fringe benefit carnributi of 50 cents are prevailing. The basic hourly rate or regular rate for over. time purposes would be 33.25, the rate actually paid as a basic cash wage for the employee of X. rather than the 13 rate determined as prevailing by the Secretary Of Labor. (3) Under the same prevailing wage determination, discussed In paragraph (01(2) of this section. the Y construe. (ion contractor who has been paying 33 an hour as his basic cash wage on which `- been computing over compensation reduces the cash wage to 52.75 an hour but computes his costs of benefits under section (5)(2)15) as 31 an hour. In this exam• le the regular or basic hourly rate would continue to be 33 an hour. See S. Rep, No. 963. p. 7. • ry 1TIVE DIRECTOR 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Pocharas !NOR SAMPLE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12 -13 -93 The Honorable Dorothy DuCett - Mayer, City of Cedar Par Poet office EQx 1OSO Cedar Park, TX 79612 Fi: TCDP Contract No.: Dear Mayor Duckett: TX 930041 MOD.0 Issued by: Linda Dane DL TEXAS COMMUNITY DEVELOPMENT PROGRAM ISSUANCE OF PREVAILING GENERAL WAGE DECISION Labor Standards Sp_c__..i_ R -3 z 2 -19 -93 BOARD MEMBERS Paul R. Rodrguez Chairman Harvey Clemons Jr Eizabelh Flares R;U:are C. Hde Joseen Kemp Walter Martinez Judah McCenald Mary Sanger Susan Sharlot The following has /have been determined to be the prevailing General Wage Decision(s) that i= /are applicable Genera: a. Wade Decision No. (s) : tbl_:aIi:r. Da '=t _ The_ followinp cla__ificc - :n(=_. are not -- Decision; thereto,_ a -oquese for Additional C las_i --- • - _.^- =sta( ) ( `.aC`ment -0) .must be s::_ni`ted after the contract award date for construction prooer :.rna: _- :- f :il :wing:Any classification not on the General Wage Decis ion. If I can be 1:/475 -394 3 any ass- stance, Fleas_ feel _- . Fir M. Torres OCT -18 -2000 08:45 CITY OF ROUND ROCK CoUNTY(iea), FELL CORTELL TRAVIS BEEAR GUADALUPE WILLIAN5O7 BRAZOS HATS TONAL =UMW SCTE2042A 03/26/1998 Rates AYR TOOL OPERATOR 8.08 ASPHALT %EATER OPERATOR 11.00 ASPHALT RARER 0.00 ASPHALT SHOVELER 7.97 HATCHTN0 PLANT =CERA 11.00 CARPENTER 10.60 CONCRETE rxmis R- PIVZNG 9.57 CONCRETE WINISNER- STRUCIURES 8.83 CONCRETE RUBBER 8.52 £ IZCTRXCIMN X6.25 PLAGMAER 8.80 W ORM BUILDER - STRUCTURES 8.77 WORM LINER - PAVING 4 CURB 8.00 WORM SETTER- PMVTIO E CURB 8.68 WORN SETTER- STRUCTURES 8.73 LABORER CO!®WNN 7.12 IaHORER- UTILITY 7.99 DicBANIC 12.15 OILER 11.40 BERVSCER 8.44 PAINTER - STRUCTURES 10.00 PIPE LAYER 8.27 ASPHALT DISTRIBUTOR OPERATOR. 9.70 ASPID.LT PAVING NAcHZNZ 9.26 BROOM OR b8158988 OPERATOR 7.7.2 BULLDOZER 9.28 CONCRETE CURING MOAT= 7.79 CONCRETE EZNTSEING ERMINE 11.00 CONCRETE PAVING MAW 9.79 SLIPPORM 88CRI.NE OPERATOR 11.15 CRADLE, cLANERELL, BACEHOL. DERRICE, =MOLINB. [NOVEL 10.12 TOUNDATION DRILL OPERATOR TRUCE MOUNT= 15.00 rap= END LORE= HOIRT - DOODLE DRLR1 i LESS nese Decision Nuobers 18000041 Page 2 of 5 0.86 10.81 rringee 5122187097 P.02/06 OCT -17 -2000 18:09 8179769358 97% P.03 10/18/2000 WED 08:32 IT% /R% NO 92591 j002 OCT -18 -2000 08:45 CITY OF ROUND ROCK oREER 7.12 MIXER - COWCRETB PAVING 11.00 FOR GRAD= FINE ORADE 12.37 MOTOR ORADER 11.14 PAVEMENT MARKING NAOMINE 8.31 PLANER OPERATOR 15.75 ROLLER, BTEIQ. Waiif. PLANT -MIX PAVPMENTS 7.73 ROLLER, STEEL WWI= OT1RR FLARw1DtaL OR TAMPING 7_33 ROLLER, PNADNATEC, SELF PROPELLED 7.17 Brews 0.38 TRACTOR- CRAWLER TYPE 9.40 TRAVELING m Ern 7.97 TRENCHING MACETME, =AVE 9.92 WAGON- DRILL /EORXNG MACE= $.00 REINFORCING STEEL =TT= PAVSRG 14.50 REDDTORCD1G BTE= SETTRR 9TAVC14ARS 10.61 0TEEL WORl.ER- STRUCTORAL 11.73 SPREADER BOX OPERATOR 0.55 WORK ZONE BARRICADE 8.29 8ICE INSTALLER 7.97 TRIICR DRIVER-SISIOLE AMLR =GMT 8.32 Tau= DRYVRt- BERGAN AXLE =AVE 7.954 TRUCE SRIVER- T?.3mEN ABLE $xNI- TRAILRR 8.02 TRUCK DRIVER - LOWBOY /FLOAT 10.12 1P1LDER 11.02 Unlisted classifications needed for work net included within the scope et the clessifieatiena 1iated nay be added after award only as provided in the labor standards contract clauses (29 CPB75.5(a OCT - 17 - 2000 18:10 NAGS DETER UU.9ION APPEAL9 PROCEBs 1.) Bas there bean an initial decision in the matter? This can beg * as sainting published wage determination • a survey underlying a wags determination * a Wags and Rear DiViaion letter netting forth a position on a wage determination natter * a conformance (additional cla■sification and rata) mega Decision Number: 7X000043 Page 3o[S B1797B9358 5122187097 P.03/06 974 P.Oa 10/18/2000 WED 08:32 [TX /RX NO 9259) a003 OCT -18 -2000 08:45 CITY OF ROUND ROCK ruling On survey related mattsre, initial contact, including raqusste for summaries of surveys, should be with the Wage and Hour Regional Office for the area in whlch the survey was conducted because those Regional Office(' have renpeneibility for the Davie -Bacon survey program. IC the reeponce from this initial contact le not satisfactory, than the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal preemie described here, initial contact should be with the Branch of Construction Wage Determination. Write co: Branch of Construction Wage Determinations Wage and our Division U. 9. Department of Labor 300 Constitution Avenue, M. W. Washington, D. C. 20210 2.) if the answer to the question in 1.) is yen, than an interested party (these affected by the action) can request review and rsconsideratioe from the Wags and Hour Administrator (gee 29 CTR Part 1.8 and 29 =re Part 7). Write to: Wage and Hour adtainietrator 9.2. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party.(' position and by any information (wage payment data, project description araa practice material, eta.) that the ragesator conaidere relevant to the issue. 3.) if the decisive of the administrator is not favorable, an interested party may app•al'directly to the Administrative Review Board (formerly the Wage appeals' Board). Writs toe Wage Decision clamber: T1000043 P8g0 4 0) 5 OCT -17 -2000 18:10 Adetanistratiw Review Board U. 9. Department of Labor 200 Constitution avenue, W. W. Washington, D. c. 20210 5122187097 P.04i06 8179789358 97% P.05 10/18/2000 WED 08:32 (TX /RX NO 9209] lj004 OCT -18 -2000 08:45 CITY OF ROUND ROCK 4_) 411 decisions by the Administrative Review Board ase final. E2W or GEDZRA7. DzCSSZOM Wags Decision Member: 'tZOOOO{3 Page 6 of 5 OCT -17 -2000 18:10 8179789358 5122187097 P.05/06 97% P.06 10/18/2000 WED 08:32 [T % /R% NO 92591 1 005 OCT -18 -2000 08 :45 CITY OF ROUND ROCK a*Moral Decisiofa Dumber ?x000043 Superseded General Decision No. TX990043 State: TEYAB construction Types lW1►VY EIGJLW1Y con ty(ies): FELL CORTELL TRAVXS SEM GUAnlLtrpE WILLIAMSON BRAZOS WAYS COEAL MCLENNAN Eeavy (exeludinp tunnels and done) and Eipbway Construction P; jecta (dose not include building atructurea in rest area projects) . •NoT TO AE OSZD POD WORT ON SEN.GE oft NAT= TRZJTJENT PLANTS OR LIFT/PUMP STATIONS IN ARLL, CORYELL, lsaLSENam AND WILLIAMSON COUNTIES. Modification !lubber Publication Date 0 02/11/2000 tape Decision EN:ber: Tz0000L3 Page 1 of 5 OCT -17 -2028 7 R: t q 5122187097 P.06/06 TDTRL P.06 10/18/2000 WED 08:32 [T% /R% NO 9259] 24006 COUNTY(ies): BELL HILL MILLS BOSQUE LAMPASAS NAVARRO CORYELL LEON ROBERTSON FALLS LIMESTONE WILLIAMSOU FREESTONE MCLENNAN HAMILTON MILAM SUTX5006A 02/09/1990 CARPENTERS CEMENT MASONS ELECTRICIANS FORM BUILDERS FORM SETTERS LABORERS UTILITY LABORERS PIPELAYERS STEEL SETTERS STEEL WORKERS TRUCK DRIVERS: Tandem Axles Transit Mix Rates 9.00 8.00 13.45 6.50 6.00 4.25 4.72' 7.50 POWER EQUIPMENT. OPERATORS: Cranes, Clamshells, Backhoes, Derricks, Dragline, Shovels 6.97 Front End Loaders 10.00 Bulldozers 5.48 Scrapers 5.60 9.50 7.00 5.75 5.75 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental Fringes .80 +8 1/2% 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 (29 CFR 5.5(a) 1(ii)). 1 1 1 1 I County(ies): BELL HILL MILLS BOSQUE LAMPASAS NAVARRO ' CORYELL LEON ROBERTSON. FALLS LIMESTONE WILLIAMSON _ EREESTONE MCLENNAN 1 HAMILTON MILAN 1 Modification Number Publication Date 0 02/19/1993 1 1 1 1 1 1 1 1 1 1 General Decision Number TX930041 Superseded General Decision No. TX910041 State: TEXAS Construction Type: Treatment Plant WATER & SEWAGE TREATMENT PLANTS AND LIFT PUMP STATIONS 8 -34- Pre- Construction Conference Documents in a packet previously given to each person in attendance: Sample Payroll Forms (WH -347) Statement of Compliance (WH -348) Instructions for Preparing Statement of Compliance Instructions for completing Payroll Forms Payroll Deduction Authorization Certificate Appointing Officer to Supervise Payroll Record of Employee Interview Notice to All Employees (including Spanish) Title 29 -Labor Part 5 of Labor Standard Provisions Fair.Labor Standards Provisions Copy of Wage Rates issued for this project II. Generally discuss: A. D. Davis -Bacon EXHIBIT C Outline of Discussion I. Start with structure of the project including discussion use of federal funds. Davis -Bacon (have copy of wage rates available). Refer to Part 5 of Labor Standards Provisions B. Copeland Act (governs deductions to Title 29 -Labor C. Contract Work Hours Safety Act half for OT). Refer to Part Provisions C-1 of from paychecks). Refer (allows for time and a 5 of Labor Standards Fair Labor Standards Act (minimum wage). Refer to Fair Labor Standards Provisions A. The rate of pay for workers must be at least that issued in decision number , which was contained in the bid specs and is a part of the general's contract docs and should be included in any sub - contracts. B. Payrolls must be submitted weekly within 5 days following the end of the work week to the labor standards officer, The Institute for Finance and Economic Development. C. The suggested payroll form is the WH -347. Any other payroll used must contain the same information and be accompanied by a WH -348 (statement of compliance). Payroll must contain an original signature by the owner, partner, officer or individual authorized in writing by one of the above (certificate appointing officer to supervise payrolls). D. Employees must be classified in accordance with the applicable wage decision. Unless a "helper" classification is found on the decision, no "helpers" may be used on the project. Generally speaking, only journeymen may use the tools of a trade. E. Wage decision, along with posters must be posted in a prominent place on the job site, at all times when work is being conducted. _..,. F All persons working on the job site must be shown on the payroll. The address and SS no. of the worker must be shown on the first payroll on which that persons appears. G. Payrolls should be numbered consecutively, with the first one marked #1, initial and the last one marked final. H. Liquidated Damages may be assessed for failure to pay the proper 'overtime. The liq. dam. liability equals $10 /day /worker per violation. Additionally, restitution must be made to any worker who is underpaid. J. Failure to comply w/ labor stand. can result in the w /holding of sufficient payments to insure the proper payment of all workers and any liq. damages. General is ultimately responsible for the compliance w/ these requirements. L. All subs must be cleared prior to execution of sub- contract and the contract must contain (HUD 4010- -Fair Labor Standards Provisions) and the applicable wage rate. I. K. Dual classification of an employee is permitted, provided a verification of that dual classification, signed by the worker, is submitted. IV. Contract Work Hours Safety Standards Act Payment of overtime at 1.5 times the regular rate of pay for all hours in excess of 40 in a 7 day work week. V. Copeland Act Only deductions which are required by law, or voluntarily authorized by the workers in accordance with the Copeland Act may be made from paychecks of the workers. Authorization by the employee for all deductions not required by law must be submitted. VI. Discuss Instructions for Completing Payroll Forms VII. Discuss Contractors Eligibility Forms VIII. Discuss Monitoring A. Interviews B. On -site inspections to ensure notices posted C. Weekly payrolls reviewed and compared to interviews C � CLASSIFICATIONS) rLIST1 BASIC HOURLY RATES) FRINGE BENEFITS 1 1 1 1 1 Construction Contractor: 1 1 1 1 1 1 1 1 1 1 1 1 Locality: REQUEST FOR ADDITIONAL CLASSIFICATION AND RATE [Submit WITH documentation described in 2(c) below] TCDP Contract No.: Construction Location: Construction contract is to: EXHI3IT D (include city, county and state) In order to complete the contract it is necessary to establish wage rates for the following classifications not included in the wage decision issued. This decision is: Decision No.:, Dated: For Department Use Only: The following action has been taken: 1. This request has been forwarded to the US Department of Labor 2. The additional classification and rate cannot be approved because: _(a) "Helper" classifications are generally not permitted. (b) The work can be conformed to the classifications contained in the decision. _(c) The following documentation has not been submitted: - i. Statements by the workmen verifying the classification and rate. AND ii. Statement by the contractor concerning the classification and rate. (NOTE: These statements must agree) OR iii. Three statements by local contractors stating the classification and rates. Signed Date: 7.73 D -) 1 1 1 1 1 1 1 1 1 1 1 1 1 1• 1 NOTICE OF START OF CONSTRUCTION NOTE: SUBMIT THIS FORM WITHIN TEN (10) DAYS AFTER THE START OF CCNSTRUCTION. TCDP Contract No. Locality Project Name Location Brief Project Description Aopricable Wage Decision(s) Bid Opening Date: Date of Contract Award: Contract Amount Prime: Sub: Sub: Sub: Date of Preconstruction Conference: Date of Start of Construction:. Submitted by: (Signature) Name Contractor(s) EXHIBIT E Title Address City State Zip Phone No. Decision Dates) Date(s) Clearer' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E. The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. F. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. G. 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. - H. 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. .:.1. The Contractor shall not enter into any Subcontract with any person or firm debarred — from Govemment contracts. J. 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. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination. rates of pay or other forms of compensation, and selection for training, including apprenticeship. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. THE PROVISION OF LOCAL TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES A. To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concems which are located in, or owned in substantial part by persons residing in the area of the project. B. The Contractor will include this clause in every subcontract for work in connection with the project. 1 1 1 1 1 1 1 1 1 1 1 1 1 ' H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. 1 1 1 1 1 SAMPLE CONTRACTOR'S LOCAL OPPORTUNITY PLAN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City /County) of A. To ascertain from the Locality's TCDP program official the exact boundaries of the project area and where . advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. 8. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and .community organizations and public or private institutions operating within and servicing the -project area such as Service Employment and Redevelopment (TER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. • To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goats. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. -- F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To Insure that all appropriate project area business concerns are notified of pending sub - contractual opportunities. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Enclosure -3 January 23, 1997 Ms. Fabiola Chavez Women's Crisis Center 101 N. Mesa Marfa, Texas 79843 Dear Ms. Chavez: To encourage more inclusive citizen participation in the public hearing process, Presidio County is notifying you of a public hearing to discuss the county's application for a Texas Capital Fund grant. The public hearing will be held on Wednesday, January 29th at 5:00 p.m. at the Presidio County Courthouse (See attached notice). The topic of the meeting will be to discuss the county's application on behalf of Agro Power Development. Presidio County encourages all its citizens to participate in the public review process. Sincerely, Jake Brisbin County Judge