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R-00-10-26-13G4 - 10/26/2000RESOLUTION NO. R- 00- 10- 26 -13G4 WHEREAS, the City of Round Rock has duly advertised for bids for the Bellview Avenue, Nash Street and Mandell Street Sidewalk Improvements Project, and WHEREAS, Keystone Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Keystone Construction, Inc. is hereby accepted as the lowest responsible bid and subject to the negotiation and final approval by the City Manager and City Attorney of a contract document, the Mayor is hereby authorized and directed to execute a contract with Keystone Construction, Inc. for the Bellview Avenue, Nash Street and Mandell Street Sidewalk Improvements Project. 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. RESOLVED this 26th day of O. ober, 2000. _gin : .% / /!'! „ 0.170 A. STLUKA, 9 Mayor City of Round Rock, exas JO1 E LAND, City Secretary K: \WPMICS \RESOWTI \R0102604.WPD /sc THE CITY OF ROUND ROCK •�� A / V v BIDS EXTENDED O — DA.IELLYNN HALNEN PUBLIC WORKS DEPARTMENT ' ° 63225 j -- 2008 Enterprise Dr. �4. `Q° ° F G e ` ' BY : P :P .... STE " Round Rock, Texas. 78664 ' >, E 9 , DATE : (512) 218 -5555 `JTl TABULATION SHEET 1 AND CHECKED Ruth Haberman/Kumar 10/3/00 of 1 CONTRACT : BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS LOCATION : City Council Chambers Keystone Const. Inc. Bid Bond? Yes Prism Development, Inc. Bid Bond? Yes Austin Bridge and Road Bid Bond? Yes DATE: 10/3/00, 2:00 p.m. ITEM UNIT APPROX. QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. Four inch (4 ") thick standard concrete sidewalk SF 5,370 $2.48 $13,317.60 $3.75 $20,137.50 $4.70 $25,239.00 2. Five inch (5 ") thick standard concrete sidewalk SF 516 $3.50 $1,806.00 $4.25 $2,193.00 $6.00 $3,096.00 3. Five foot (5') wide, four inch (4 ") thick concrete sidewalk with 6" high curb LF 460 $19.90 $9,154.00 $24.00 $11,040.00 $13.00 $5,980.00 4. Five foot, (5') wide, five inch (5 ") thick concrete sidewalk with 6" high curb, 8" wide retaining wall and galvanized handrail LF 270 $72.00 $19,440.00 $98.25 * $26,527.50 $135.00 $36,450.00 5. Sidewalk pedestrian ramp EA 2 $3,300.00 $6,600.00 $1,250.00 $2,500.00 $1,000.00 $2,000.00 6. 4 foot (4') wide curb cut with 4 foot, six inch by five foot (4' -6" x 5') steel plate EA 2 $1,600.00 $3,200.00 $1,550.00 $3,100.00 $3,700.00 $7,400.00 7. Five foot by five foot (5' x 5') colored, textured concrete landing EA 3 $980.00 $2,940.00 $275.00 $825.00 $700.00 $2,100.00 8. Restoration and Revegetation of disturbed areas LF 2,037 $3.00 $6,111.00 $3.92 $7,985.04 $3.50 $7,129.50 TOTAL: $62,568.60 * $74,308.04 $89,394.50 bview, nash ,mandell sw bidtab.xls/ruth/Ik * Adjusted upon extension of bids \City ConsbuctIon ProjectsV20001SIdewelks \SOUTHEASTIRUBIONeshezhlbILdwg, 1010610012:17:54 PM, plot by:RSH NASA —__. " 10 •••• I �,J I - ACE X 96 ISSUE DATE: AUG. 2000 CITY OF ROUND ROCK NASHALL.DWG REVISIONS BY: RSH SIDEWALK IMPROVEMENTS PROJECT OVERALL LAYOUT • 1 . :7A‘ ? SCALE: 1 \City ConsbuctIon ProjectsV20001SIdewelks \SOUTHEASTIRUBIONeshezhlbILdwg, 1010610012:17:54 PM, plot by:RSH DATE: October 18, 2000 SUBJECT: City Council Meeting — October 20, 2000 ITEM: 13.G.4. Consider a resolution authorizing the Mayor to execute a contract, subject to the negotiation and final approval by the City Manager and City Attorney, with Keystone Construction, Inc. for the Bellview Avenue, Nash Street and Mandell Street Sidewalk Improvements Project. On October 3, 2000 three bids were opened for the project. Keystone Construction Inc. submitted the lowest and best bid. Staff recommends awarding the contract to Keystone Construction Inc. in the amount of $62,568.60. The proposed Bellview Avenue, Nash Street and Mandell Street Sidewallc Improvements consist of sidewalk along Bellview Avenue from Interstate Hwy. 35 northbound frontage road to Nash Street, along Nash Street from Bellview Avenue to South Mays Street. Also, along Mandell Street from Nash Street to Logan Street. These sidewalks will improve access from neighborhoods in the area to local schools and parks. This project is being federally funded by CDBG. APP R W ®RO 13X NEY CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT go • so /e-00-/0-.26-/3G-4 BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS SEPTEMBER, 2000 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS September 15, 2000 : City of Round Rock ECT DESCRIPTION: ADDENDUM NO.1 BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS The plans, specifications and bidding documents are changed in following particulars only: 1. The Notice to Bidders has been changed to read: "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 BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS will be received until October 3, 2000 at 2:00 p.m., then publicly opened and read aloud at the City Hall Council Chambers at the same address." The City of Round Rock Daniel Lynn Halden, P.E. Chief Engineer CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 1 A ..... Air BELLVIEW AVENUE, NASH STREET AND MANDELL 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 S:1City Projects12000\ Sidew alks1SOUTHEASTRUBIO\Contract Documwus\NASH sidewalk toc.doc 1.0 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 BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS will be received until September 26, 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 BELLVIEW AVENUE, NASH STREET AND MANDELL 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 September 12, 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 fumish 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: Austin American Statesman: Round Rock Leader: September 11, 2000 September 11, 2000 September 18, 2000 September 18, 2000 "w;usmspec.muter NOTICE TO BIDDERS NB -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 furnished 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 promoted. biddoc.mst/spec BD - 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 become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. biddoc.mst/spec BD-2 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 made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. biddoc.msdspec BD -3 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 1 1 1 1 1 1 1 1 M y PROPOSAL BIDDING SHEET JOB NAME: BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: September, 2000 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, 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 BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS and binds himself on acceptance, of this proposal to execute a contract and bond for completing said project within the time stated, for the fdlloVing to wit: Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1. 5370 biddoc.mst/spec SF BASE BID Four inch (4 ") thick standard concrete sidewalk, complete in place per Square Foot. for 7w r) dollars and F E>I cents. $ ,x $ .C3 3/7 2. 516 SF Five inch (5 ") thick standard concrete sidewalk, complete in place per Square Foot. for T.(,...., dollars g_5_,, and 1.-,1 y cents. $__2__— $ I /DL — BD -6 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 3. 460 LF Five foot (5) wide, four inch (4 ") thick concrete sidewalk 1 with 6" high curb, complete in place per Linear Foot. I for /I yea.. ti dollars 9a _ and /fr.',..v75. cents. $ i9 $ 9 /s SL i 4. 270 LF Five foot, (5') wide, five inch (5 ") thick concrete I sidewalk with 6" high curb, 8" wide retaining wall and I galvanized handrail, complete in place per Linear Foot. for S�v..V T u dollars and /v' cents. $ 7-2 — $ 1?' I 5, 2 EA Sidewalk pedestrian ramp, complete in place, per 1 Each 72, H4 aarf for 1 dollars 1 and /Yn cents. $ 3.3..90 r $ 664 — 6. 2 EA 4 foot (4') wide curb cut with I 4 foot, six inch by five foot (4'-6" x 5') steel plate, complete i in place per Each. /14. A1 for 5",r'Laa .r. dollars A and No cents. $ flan $ 3 a — 1 1 biddoc.mst/spec BD -7 M 1 1 1 1 1 1 1 1 1 1 i 1 M 1 Bid Item Description Unit In Quantity Unit and Written Unit Price Price Amount 7. 3 EA Five foot by five foot (5' x 5 ) TOTAL BASE BID (Items 1 thru 8): STATEMENT OF SEPARATE CHARGES: biddoc. Materials: All Other Charges: *Total: colored, textured concrete landing, complete in place per Each. 8. 2037 LF Restoration and Revegetation of disturbed areas, complete in place, per Linear Foot. for dollars and /i/D cents. for •Iv.— dollars and X' cents. $ qPo $ .2i¼' *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 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. BD -8 $3 $ 6 // $ .423 do , - -23 31a go $ $_ 39, a°° $ d<.: 5 6n 1 1 1 1 1 w 1 1 1 1 If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within sixty (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 submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, Signature Larry VInklarak Proiect Maniar Print Name Address Title for Telephone KEYSTONE CONSTRUCTION INC. Name of Firm 10 03 /jrD Date Secretary, if Contractor is a NnAatsoN sECREraav Corporation biddoc.mst/spec BD - KEYSTONE CONSTRUCTION INC P.O. BOX 160938 6 -0936 PHONE: 512 - 2888437 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L. BORLEIS, Vice - President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set rth on the re rse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby n.' e, const:LL*�• d appoint Howard COWAN and Marla HILL, both of Lubbock, Texas, EACH its true an. �1 1 agent h -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act : -' ` e d : any c < 1 bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community S , d Co . -, - Guardians; and the execution of such bonds or undertakings in pursuance of these presents, shal bin.' ' said Companies, as fully and amply, to all intents and purposes, as if they had been duly execut acknow k`. by the regularly elected officers of the Companies at their offices in Baltimore, Md., in their own • persons The said Assistant Secretary does he :. i that„ set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the respective - „r. • ; , s of sai b - panies, and is now in force. IN WITNESS WHEREOF, the s- e- Presi .�l�:.. d Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of their. IDELI ;'S'D DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY A a � i s N4 TY C A , this 17th day of February, A.D. 2000. ATTEST: • FIDELITY j POSIT COMPANY OF MARYLAND L1428-168-5080 T. C. Johnson T. C. Johns `� By alai. t aid} �J Assistant Secretary F. L. Borkis Vice - President COLONI AL A MER I CAN CASUALTY AND SURETY COMPANY SS By: .- Atrr/Llate.,adi Assistant Secretary F. L. Borleis Vice- President State of Maryland County of Harford On this 17th day of February, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ____KEYSTONE CONSTRUCTION._ INC. (Here insert the name and address or legal title of the Coonaetor) as Principal, (hereinafter called the "Principal "), COLONIAL_ AMERICAN CASUALTY AND SURETY_., of Baltimore, Maryland, a corporation duly organized COMPANY (Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto CITY OF ROUND ROCK, TEXAS (Here insert the name and address or legal title of the Owner) as Obligee, (hereinafter called the "Obligee"), in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID- - - - - -- Dollars ($ ----- SI - - - = — ) 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_BELLVIEW AVENUE, NASH STREET — AND MANDELL _ STREET 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 bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in die event of the failure of the Principal to enter into 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 3RD Mbd M HILL Wifness Cm5t0Ta1 Clmrormc to American Ind'amc nr Archimw q .,.,* M A 710. February 1970 FAi,,o. day of OCTOBER A.D., XR._2000 KEYSTONE CONSTRUCTION, INC. (SEAT.) P pill Title ❑ FIDELITY AND DEPOSIT COMPANY OF MARYLAND 172 COLONIAL AMERICAN CASI TY AND SURET OMPANY Surety By HO ARD COWAN Trfle ATTORNEY —IN —FACT (SEAL) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CORPORATE RESOLUTION I hereby certify that it was RESOLVED by a quorum of the directors of Keystone Construction Inc., meeting on the 6th day of December, 1999 ,that Larry Vinklarek, Project Manager, be and hereby is, authorized to execute all documents necessary to the transaction of business in the State of Texas on behalf of the said Keystone Construction Inc., and that the above resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribed my name and affix the seal of the corporation this 3 R I) day of row:: 2000. ( Seal ) KEYSTONE CONSTRUCTION INC. P.O. BOX 160938 AUSTIN, TEXAS 79716 -0938 512 - 288 -6437 FAX: 512 - 288 -6439 ene S. Haralson, Secretary 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON § T S AGREEMENT, made and entered into this d � day of , 2000 , by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) KEYSTONE CONSTRI Ifmf)N4, , Texas, County of 11.■115 , and State of Texas, hereinafter �usaf- termed CONTRACTOR. postbid.msuspec master AGREEMENT 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: BELLVIEW AVENUE, NASH STREET AND MANDELL 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 (The following to be executed if the Contractor is a Corporation.) I, IRENE S. HAWSON, SECRETAIY , certif that as Contractor herein; that of the Contractor was then Corporate Seal pawiamsu8pec master BY: Signe PBD -2 (CONTRACTOR) KEYSTONE CONSTRUCTION INC. Larry Vi larek, Project Manager its (Typed name) (Title) ATTEST: C AVike Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State am the Secretary of the Corporation named , who signed this Contract on behalf (official title) of said Corporation, that said Corporation, that said Corporation by said Contract was duly signed for and in behalf o authority of its governing body, and is within the scope of its corporate powers. I L./L' '_ 1 • �' 1. 1.� THE STATE OF TEXAS COUNTY OF WILLIAMSON poslbid.snst/spa. master PERFORMANCE BOND PBD -3 BOND NO. 08523009 KNOW ALL MEN BY THESE PRESENTS; That KEYSTONE CONSTRUCTION, INC. Of the City of AUSTIN Count ° TRAVIS and State of TEXAS , as Principal, and AND SUR ETY COM' ' • r zed under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of SIXTY TWO THOUSAND FIVE HUNDRED SIXTY EIGHT AND 60/100 -- dollars ($ 62,568.60 ) for the payment whereof well and truly 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 clay of , 2000 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 BELLVIEW AVENUE, NASH STREET AND MANDELL 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 signed and sealed this instrument this day of 20 00. Principal By: Title Address Address KEYSTONE CONSTRUCTION INC. Larry Vinklarek, Project Manager HOWARD COWAN Printed Name P. 0. BOX 54020 P. O. Box 160938 Austin, Texas 78716 -0938 Resident Agent of Surety: rabidmeVepec. =eta PBD -4 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety BY: / HOWARD COWAN, ATTORNEY -IN -FACT Title P. 0, BOX 54020 Address LUBBOCK, TEXAS 79453 1 1 1 1 1 1 I I 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MENBYTHESE PRESENTS': That KEYSTONE CONSTRUCTION, INC. , of the City Of AUSTIN , County 0f TRAVIS and State of C ON AL PIEH2CTS1 TEXAS as Principal, andAND s an ounder the laws of the State of Texas to act as Surety on Bonds f flf pals, 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 have the right to sue upon this bond, in the penal sum of SIXTY TWO THOUSAND FIVE HUNDRED SIXTY EIGHT AND 60/100 Dollars ($ 62,568.60 ) 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 day of , 20 0o 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 BELLVIEW AVENUE, NASH STREET AND MANDELL 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. pa biaav,V,pec master PAYMENT BOND PBD-5 BOND N0. 08523009 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 Principal and Surety have signed and sealed this Instrument this day of , 20 00 Principal By: Title Address KEYSTONE CONSTRUCTION INC. Larry Vinklarek, Project Manager R 0. Box 160938 Austin, Texas 78716 -0938 Resident Agent of Surety: HOWARD COWAN Printed Name P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 poslbid. muster PBD -6 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety By: HOWARD COWAN, ATTORNEY —IN —FACT Title P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1- 800 - 252 -3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714 -9104 Fax # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L. BORLEIS, Vice - President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set rth on the re , e side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby n 1 e, cons '- d appoint Howard COWAN and Maria HILL, both of Lubbock, Texas, EACH its true any`' agent ttonrey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act .1.1!, •' ed: any ^ h 4. 1 bonds and undertakings EXCEPT bonds on Vii` behalf of Independent Executors, Community S �S d Co•• �,. Guardians; and the execution of such bonds or undertakings in pursuance of these presents, shal E bind' w said Companies, as fully and amply, to all intents and purposes, as if they had been duly execu acknow,, ..by the regularly elected officers of the Companies at their offices in Baltimore, Md., in their own The said Assistant Secretary does her Article VI, Section 2, of the respective ATTEST: written. L1428 -168 -5080 T C. Johnson C persons fy that extract set forth on the reverse side hereof is a true copy of s of saieWriipanies, and is now in force. IN WITNESS WHEREOF, the s� ° e Presi• d Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the( . IDELI a DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY A TY cew , this 17th day of February, A.D. 2000. FIDELITY A n POSIT COMPANY OF MARYLAND T C. Johns Assistant Secretary F. L. Borleis SS, LONIAL AMERICAN CASUALTY AND SURETY COMPANY By: oG4 <�II.aQ.��j Assistant Secretary F L Borleis Vice - President Vice - President State of Maryland County of Harford On this 17th day of February, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposed' and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 EXTRACT FROM BY -LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seals of the Company thereto." EXTRACT FROM BY - LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Companies may require, or to authorize any person or persons to execute on behalf of the Companies any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,._.and to affix the seals of the Companies thereto." day of CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the companiy and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this Assistant Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of , as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof, well and truly 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 day of , 20_ 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: BELLVIEW AVENUE, NASH STREET AND MANDELL 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. postbid.msi/sps master PBD -3 1 PERFORMANCE BOND (continued) 1 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 signed and sealed this instrument this day of 20 1 Principal Surety By: By: Title Title ' Address Address 1 1 Resident Agent of Surety: Printed Name 1 Address City, State & Zip Code Signature 1 1 d.m.u. PBD -4 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON pcatbid.nuthpec maker PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , of the City of County of , and State of as Principal, and 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 have the right to sue upon this bond, in the penal sum of Dollars ($ ) 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 day of , 20� 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: BELLVIEW AVENUE, NASH STREET AND MANDELL 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. PBD -5 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 Principal and Surety have signed and sealed this Instrument this day of Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature pounw.msu maga PBD -6 , 20 F1228E6439 IO=YSTME CI]JT INC CERTIFICATE OF LIABILITY INSURANCE PRODUCER TEXAS ASSOCIATES INSURORS 1114 LOST CREEK BLVD #400 AUSTIN TX 78746 D 11 -7 -00 COMPANIES AFFORDING COVERAGE A MARYLAND INSURANCE COMPANY B ASSOCIATION CASUALTY INSURANCE INSURED C KEYSTONE CONSTRUCTION, INC P 0 BOX 160938, AUSTIN, TX 78716 -0938 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. lxoepdons to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE 079 Pet N J •00" 17:21 GENERAL LIABILITY GENERAL AGGREGATE a 2,000 A C0818920133 3 -29 -00 3- 29 -01 6 000 � 2,000.000 PERSONAL a ADV. INJURY. s 1, 000 , 000 EACHOCCURRE4CE 51,000,000 SIRE DAMAGE (AM' ono he/ 5 300,000 WED. OCPEN31144a c pma4 s 10,000 AUTOMOBILE LIABILITY CONCERNED SINGLE s 1,000,000 A CON32815079 3 -29 -00 3 -29 -01 BODILY RAMEY(Pa Perm) 5 BODILY INJURY Per =Wear) S PROPERTY DAMAGE A EXCESS LIABILITY CON8258150 3 -29 -00 3 -29 -01 EACH OCCURRENCE 35,000,000 AGGREGATE s 5,000,000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMB B WC15591 3 -29 -00 3 - 29 - 01 EACH ACCIDLWr S 1,000,000 DISEASE . POLICY LAM 5 1,000,000 D1saAse.EAmtinoI0YBE s 1,000,000 OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEKICL S.SPECIAL ITEMS+EXCEpyiONS JOB: BELLVIEW AVE, NAS13 STREET & MANDRELL STREET SIDEWALK IMPROVEMENTS The City of Round Rook Is named as additional insured with respect to all policies except Workers' Compensation and Employes' Liability. Should any of the above described policies by cancelled or changed bcforc the expiration dam thereof; 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 Rock, Texas 75664 attn: Joanne Land poNwdmNµ m mama PBD -7 SIGNATU: •F AUTHORJT REPRESENTATIVE W Typed l@ GARY i' RI� Title: PARTNER 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 /LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbid.msuspn master PBD -7 GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. S PERSONAL & ADV. INJURY S EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one person) S COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE 5 STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT 5 DISEASE - EACH EMPLOYEE $ 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 mali thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Title: 1 1 WARRANTY BOND 1 BOND NUMBER AMOUNT 1 KNOW ALL MEN BY THESE PRESENTS, That we, ' (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws I of the State of the State of and duly licensed to transact business in (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called ' the "Obligee "), in the sum of dollars ($ ) for the I payment of which sum well 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. 1 Sealed with our seals and dated this day of , A.D. nineteen hundred and I WHEREAS, the said Principal has heretofore entered into a contract with 1 Dated , 20 , for construction of: I BELLVIEW AVENUE, NASH STREET AND MANDELL 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 I develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 1 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 year(s) from the date of I acceptance of the project above described, by Owner: The City of Round Rock, Texas 1 postbid.mst/spc master PBD -8 1 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. Principal By: Title Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.ms ✓ spa masts Title PBD -9 Surety By: Address 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 2.01 - 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 gencond.mstispec master General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 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 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 - 1 1 1 1 1 1 1 1 1 1 1 1 11. Termination 1 1 1 1 1 1 6. Extra Work and Claims 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 11.01 - 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 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. 1.02 Contract Documents 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. 1.03 Subcontractor 1.04 Sub - Subcontractor gencond.mst/spec master 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. 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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, firm 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. 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 gencond.mstlspec master GC -6 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 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 gencond.mst/spec master GC -7 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. 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 gencond.mst/spec master GC -8 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 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. gencond.mst/spec master GC -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 fmal 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. 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 gencond.mst/spec master GC - 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 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) gencond.mst/spec master GC - 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 returned 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 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 govem. In the event that there is still any doubt as to the meaning and intent of any portion of the gencond.mst/spec master GC -12 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. 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 gencond.mst/spec master GC -13 Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) 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 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 gencond.mst/spec master GC -14 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 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 gencond.mst/spec master GC -15 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 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 - 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: gencond.mst/spec master 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 § 406,0961 - 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. (b) "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 GC -17 gencond.mst/spec master 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 W Y. 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 governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven (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), GC -18 gencond.mstispec master for all of its employees providing services on the project, for the duration of the project; (b) 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; (c) 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: 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; 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. (f) (g) (1) The Contractor's failure to comply with any of these provisions is a breach of contract GC -19 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 -20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 3.22 1 1 1 1 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 famish a manufacturer's certificate stating that the material meets the requirements specified for this project. 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 gencond.mst/spec master GC - 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 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 gencond.mst/spec master GC -22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 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. gencond.mst/spec master GC -23 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 furnished 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 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 gencond.mst/spec master GC - 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. 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. gencond.mst/spec master GC -25 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 loss 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. g) Other causes affecting the performance of the contract. 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. 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 gencond.mst/spec master GC -26 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. 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 gencond.msdspec master GC -27 more of the following methods: gencond.mst/spec master 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 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 GC -28 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. 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 gencond.mst/spec master GC -29 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: (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 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. 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 GC -30 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 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 final statement as due the Contractor, under the terms of this agreement. — 8. Subcontractors gencond.mst/spec master GC - 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 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 GC -32 gencond.mstispec master 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; 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; (3) (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. 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. GC -33 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 it and shall reimburse the Owner for all attomey'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. gencond.mst/spec master GC -34 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) 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 wamings 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 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: gencond.mst/spec master 1. The Contractor shall furnish the City of Round Rock with a Certificate of GC -35 gencond.mst/spec master 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 consulti g firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting 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. 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. GC -36 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 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 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 terms, provisions, gencond.mstlspec master GC -37 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 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. gencond.mstlspec master GC -38 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 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 definite 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 spond.mu:pccs The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01 -06 USAGE OF WATER 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 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. spsond.msUspss 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 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. spocond.msUspss SC -3 02 -06 CONSTRUCTION REVIEW 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 final 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 spocond.mst/spacs SC -4 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. specond.msUspas SC -5 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. specoM.msUSpecs A one (1) year Warranty Bond in the amount of one hundred (100%) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. SC -6 SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: spsond.msispcs 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 specond.msJspas 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.msusps 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 spwond.msuspcs 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 Rates FLAGGER 6.86 FORM BUILDER - STRUCTURES 8.77 FORM LINER -PAVING & CURB 8.00 FORM SETTER -PAVING & CURB 8.68 FORM SETTER - 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 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.mst/spss 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 specond.msVspas 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 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: 2.) If the answer to the question in L) 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. 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: specontrnsdspes Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are fmal. END OF GENERAL DECISION SC -13 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 *13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 *0.00 *10.91 ELECTR1CIAN $17.44 *2.16 *1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 *0.00 $0.00 *0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 *0.00 $10.56 INSULATOR $13.75 *1.16 $0.92 *0.03 *15.86 IRON WORKER *12.18 *0.00 *0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 S7.50 LATHER/PLASTERER $12.50 *0.00 $0.00 *0.00 512.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 *0.00 $0.00 *7.75 MASON $16.00 $0.00 $0.00 $0.00 *16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 *0.00 $034 *11.96 MILLWRIGHT $15.91 *1.63 $1.00 $0.00 *18.54 PAINTER/WALL COVERING INSTALLER *8.00 $0.00 *0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 *0.00 *21.32 PLUMBER $12.68 *0.00 $0.00 *0.00 $12.68 ROOFER $10.00 $0.00 $0.00 *0.00 $10.00 SHEET METAL WORKER *18.40 *2.39 $2.55 *0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 *0.00 $23.85 TERRAZZO WORKER $0.00• *0.00 $0.00 *0.00 $0.00* TILE SETTER $15.00 $0.32 *0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 *0.00 $0.00 *0.00 *10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON specond.msispecs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES Date Printed: April 15, 1997 *$0.00 in the rate field indicated insufficient data was rece'ved to determine a prevailing wage rate 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) SC -14 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 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., rec.'s TS -1 ITEM 2 CONTROL OF WORK 2.01 CLEF 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean rubbish and debris and shall clean -up the site promptly when notifi d o so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from the public using the thoroughfare, or the occupants en nts of adjacent t propert es. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK The a omount of shall f clean -up coordinate n operations P t et on of back works rom becoming the aunt o-up excessive. Should such a condition exist, the Engineer may order all or 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. 2.02 GRADING 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. TS -2 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 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. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES 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 project. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL 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. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. techspec. msVspec. master 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. ITEM 7 GRADING, RESTORATION, REVEGETATION, AND EROSION techspec.mstlspec.master 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 definite 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 fechspec. mW %Pe-muler CONTROL MEASURES 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 TS -6 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. techspec.mst/spec.master price 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 final 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. TS -7 tec 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 7.0 PLANS, NOTES AND DETAILS SIDEWALK IMPROVEMENTS PROJECT OVERALL LAYOUT J LMLL: 1 =LUU [City Construction Projects120005Sidewalks \SOUTHEAST\RUBIO\nashall.dwg, 10/31100 01:16:16 PM, plot by:RSH I I I I I q e MATCH LINE n • O W r W O 509 •O 603 O BEGIN PROJECT AT EXISTING CURB I II 3 5 Np h?NBOUNIJ 4 II 3,5- PRO4t R0 4,0 ISSUE DATE: AUG. 2000 CITY OF ROUND ROCK HALL.DWG BY: RSH REVISIONS SIDEWALK IMPROVEMENTS PROJECT BELLVIEW AVENUE UNn P0'4 =0'11 t�s %�` i :'£ SCALE: 1 =50' 1 1 ConstructIon ProJects120001SIdewalks \SOUTHEASTRUBIO\nashall.dwg, 09/15/00 01:49:41 PM, plot by:RSH ty ConsWctlon ProJects12000\ S1dewalks \SOUTHEAST\RUB101neshall.dwg, 09/15/00 01:49:24 PM, plot by:RSH q o o MATCH LINE 417 0 507 ti MATC LINE 509 ISSUE DATE: AUG. 2000 CITY OF ROUND ROCK NASHALL.DWG BY: RSH REVISIONS s ` �� ,11,; ∎a.. "_ 'l SIDEWALK IMPROVEMENTS PROJECT BELLVIEW AVENUE (cont.) ' SCALE: 1"=50 ty ConsWctlon ProJects12000\ S1dewalks \SOUTHEAST\RUB101neshall.dwg, 09/15/00 01:49:24 PM, plot by:RSH ISSUE DATE: AUG. 200 REVISIONS MATCH aILINE NASH ST. CITY OF ROUND ROCK NASHALL.DWG t SCALE: 1 " =50' SIDEWALK IMPROVEMENTS PROJECT BELLVIEW AVENUE (cont.) ty Construction Projects120001SIdewalkstSOUTHEASTIRUBIONashall .dwp, 09/15/00 01:49:10 PM, plot by:RSH BY: RSH UND Ra1r 1' 1 in II REVISIONS 1 1 ISSUE DATE: AUG. 2000 kV 0 II 610 SIDEWALK IMPROVEMENTS PROJECT NASH STREET (cont.) CITY OF ROUND ROCK _ N A NASH ST. S At ,,-- ___, , , „, 6 ,,41 1 Vik 1 ES` o NASHALL.DWG I BY: RSH 1 1 D R , # n1 �y�G J in a 8 s w E. I N 6 m X v v PP \ MA CFI ISSUE DATE: AUG. 2000 REVISIONS NASH ST END PROJECT AT ROCK HEADWALL LOGAN ST. CITY OF ROUND ROCK NASHALL.DWG 1 SCALE: 1 - =50' SIDEWALK IMPROVEMENTS PROJECT MANDELL STREET II City Construction Projects \ 2000\ Sidewalks \SOUTHEAST1RUBIOIneshell.dwp, 09/15/00 01:48:55 PM, pot by:RSH 1 1 1 1 1 1 1 1 1 1 1 4" THICK CLASS 'A' CONCRETE WITH 6X6X NO. 6 W.W.F. 0 MID- DEPTH. PROVIDE EXPANSION JOINTS WTrH SMOOTH DOWELS AND DOWEL SLEEVES AND WEAKENED PLANE JOINTS IN ACCORDANCE WITH C.OA ITEM 302. 2 1/2" R SLOPE 1/4" PER FT. 5:1 MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. EXISTING PAVEMENT OR CONCRETE RIBBON CURB (AS APPUCABLE) EXIST. PAVEMENT EXTEND REINFORCEMENT AND TURN DOWN INTO "CURB ". END 2" FROM BOTTOM OF "CURB ". 6" 4" THICK CLASS 'A' CONCRETE WITH 6X6X NO. 6 W.W.F. O MID- DEPTH. PROVIDE EXPANSION JOINTS WITH SMOOTH DOWELS AND DOWEL SLEEVES AND WEAKENED PLANE JOINTS IN ACCORDANCE WITH C.OA. ITEM 302. 5' W.W.F. EXTEND INTO CURB SECTION A -A SLOPE 1/4" PER FT. W.W.F. — 2 SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. (SEE SPECIFIC INSTRUCTIONS 5:1 (HORIZ:VERT) GRADE AND RESTORE MAXIMUM SLOPE DISTURBED AREAS WITH UNLESS OTHERWISE SUITABLE TOPSOIL AND DIRECTED BY THE REVEGETATE. ENGINEER. FOR WIDTH.) SECTION B -B SLOPE 1/4 "PER FT. W.W.F. 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. (SEE SPECIFIC INSTRUCTIONS FOR WIDTH.) SECTION C -C REMOVE VEGETATION, ORGANICS, ETC. AND SCARIFY EXISTING GROUND TO A MINIMUM DEPTH OF 6 ". PROVIDE 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. SEE PLANS i l \ \i\ 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.OA ITEM 302. * ** MATCH EXISTING GRADE 5:1 (HORIZ:VERT) MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. GRADE AND RESTORE DISTURBED AREAS WITH SUITABLE TOPSOIL AND REVEGETATE. EXISTING CURB AND GUTTER * BLOCK OUT 15" (PARALLEL TO CURB) X 9" OPENING AROUND MAIL BOXES, UNLESS OTHERWISE DIRECTED BY THE ENGINEER. * * SAW CUT CURB (PARALLEL TO ROAD) TO PROVIDE SLOPE OF 6" IN 6' AS DIRECTED IN ITEM 2 OF SPECIFIC INSTRUCTIONS. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT TYPICAL SIDEWALK SECTIONS SWDETAILS.DWG BY: RSH 11 CHy Construction ProJects120001 SIdewalks1SOUTHEAST IRUBIO\details\SWDETAILS.dwg, 09/15/00 01:51:51 PM, plot by:RSH 5:1 (HORIZ:VERT) - MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. 2 1/2 SAWCUT EXISTING PAVEMENT ON STRAIGHT LINE DETERMINED IN THE FIELD w/ ENGINEER. EXIST. PAVEMENT ISSUE DATE: AUG. 2000 REVISIONS GRADE AND RESTORE DISTURBED AREAS WITH SUITABLE TOPSOIL AND REVEGETATE. SLOPE 1/4 "PER FT. DIRECTION TO BE FIELD- DETERMINED W.W.F. 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. (SEE SPECIFIC INSTRUCTIONS FOR WIDTH.) SECTION D -D 10" i r dl.... 45: `v R.C/ T 8 " REMOVE VEGETATION, ORGANICS, ETC. AND SCARIFY EXISTING GROUND TO A MINIMUM DEPTH OF 6 ". ADD SELECT FILL AS NECESSARY AND PROVIDE 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. NOTE: ALL HANDRAIL SHALL BE HOT DIPPED GALVANIZED AFTER FABRICATION. 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. #4 BARS 0 12" 0.C.E.W. #5 BARS 0 12" 0.C.E.W. #4 BARS 9 1/2" 0.C.E.W. SECTION E -E 1 1/4" DIA. SCH. 40 HOT DIPPED GALVANIZED STEEL PIPE (MAX.) HANDRAIL DETAIL EXIST. PAVEMENT HANDRAIL 8" 3/4" CHAMFER (TYP.) 2" WEEP HOLES 0 15" 0.C. PROVIDE HARDWARE CLOTH w § AND NON -WOVEN GEOTEXTILE FABRIC AT OPENINGS ON a BACK OF WALL, MIN. 1 FT. CENTERED ON EACH OPENING. EXISTING NATURAL GROUND (/4 BARS 18" 0.C.E.W. 3' -6" 1 STEEL SLEEVE FOR RAILING SET IN CONCRETE (TYP.) GROUT RAILING IN SLEEVE. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT TYPICAL SIDEWALK SECTIONS SWDETAILS.DWG BY: RSH SCALE: N.T.S. TIRUBIOIdeta9s1SWDETAILS d 09/15/00 01:51:43 PM, plot by:RSH 1 1 1 1 1 1 1 SIDEWALK Z�f RAMP CURB ALONG RAMP: (6" WIDE X 12" DEEP TYP. 6" HIGH AT STREET, FLUSH AT SIDEWALK. Mal 6"x6 "x #6 WWF MAX. SLOPE 5% NOTES: PLAN & GUTTER. 1. THE RAMP SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. PROVIDE 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 APPUCABLE FOR INSTALLATION WHERE THE CURB LAYDOWN FOR THE RAMP IS NOT PROVIDED. 4. PROVIDE 12" LONG DOWELS C 12" 0.C. TO TIE NEW CONCRETE TO EXISTING GUTTER. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. STANDARD 6" CURB STANDARD 6" CURB & GUTTER. SAW CUT 1'R (VP.) CONCRETE LANDING SLOPE TO DRAIN (2% MAX.) SAW CUT PERMISSIBLE CONST. JOINT CURB. \MAX. SLOPE 5% 2" SAND CUSHION CLASS 'A' CONCRETE SECTION "A — A" SLOPE 12:1 -- 6" CONCRETE 2'- 0" LANDING WIDTH VARIES ELAN e SAW CUT RAMP SIDEWALK 1 'R CURB ALONG RAMP: (tYp (6" WIDE X 12" DEEP TYP.) 6" HIGH AT STREET, FLUSH AT SIDEWALK. 1" �AIN� (SEE NOTE 4) I CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT SIDEWALK PEDESTRIAN RAMP DETAIL " SAW CUT EXISTING CURB C GUTTER AND REMOVE. (SEE NOTE 3) 174' (MIN.) SAW CUT SWDETAILS.DWG BY: RSH 47 4' /i y i �i %\ 1 l ily Construction Proieds%20001SIdewalkA SOUTHEAST\ RUBIOWeta9Is1SWDETAILS.dWg. 09/15/00 01:51:59 PM, plot by:RSH 4' WIDE CURB CUT WITH STEEL PLATE ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. NASH STREET 0 4' -6" TRANSITION FROM 6" CURB wQ � TO 0" CURB N • — IN 15' ; Q NV1 A SHEET Q UQ THIS `` SEE NOTE 1 GRADE ‘TO DRAIN PLAN VIEW 3" X 3" X 1/2" THICK WELD PLATES. SPOT WELD DIAMOND PLATES TO WELD PLATES. EDGE BEAM FULL WIDTH OF SIDEWALK THIS AREA. NOTE: 3" TYP 4" TYP. SECTION A -A 4' WIDE CURB CUT CURB CUT AIM EXISTING CONCRETE RIBBON CURB 4' -6" X 5', 1/2" DIAMOND HOT— DIPPED GALVANIZED STEEL. PLATE. 4' -6" X 5', 1/2" DIAMOND HOT — DIPPED GALVANIZED STEEL PLATE. REINFORCING EXISTING PAVEMENT GRADE 4" THICK CONCRETE UNDER STEEL PLATE CURB CUT DETAIL FOR DRAINAGE 1. THE LOWER LANDING SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. PROVIDE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT SOUTHWEST CORNER OF NASH STREET AND MANDELL STREET DETAIL DETAILS.DWG BY: RSH i Construction PmJects120001SIdewalks1SOUTHEAST RUB101deteWs1DEfAILS.dwq, 09/15/00 01:51:13 PM, plot by:RSH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6" EXISTING CONCRETE RIBBON CURB ENDS FILL IN NON —PAVED AREA WITH 6" THICK CONCRETE WITH #4 DOWELS INTO NEW CURB 0 12" O.C. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. ss 4 tE `i^pl�o TRANSITION FROM 6" CURB ScT %Fj` 9�1 TO 0" CURB I4- IN 15' s e" TRANSITION FROM 6" CURB TO 0" CURB IN 15' TYPICAL SIDEWALK SECTION HANDRAIL BLOCK —OUTS 1' BLOCK —OUTS 1' SEPARATION HANDRAIL (SEE DETAIL ON TYPICAL SIDEWALK SECTION SHEET) 4' WIDE CURB CUT WITH STEEL PLATE .5X MAX. 5'_J 15' SECTION A -A NASH STREET Z 0 Q w A THIS SHEET PLAN VIEW NOTE: CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT SOUTHEAST CORNER OF NASH STREET AND MANDELL STREET DETAIL Construction PIojeGS120005SIdewalks1SOUTHEAST IRUB101detalls\DETAILS.dwg. 09/15/00 01:51:24 PM. plot by:RSH 1. THE LOWER LANDING SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. PROVIDE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. CURB CUT SEE "SOUTHWEST CORNER OF NASH STREET AND MANDELL STREET DETAIL" FOR CURB CUT DETAIL) 4' -6" X 5' STEEL PLATE DETAILS.DWG BY: RSH J 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTE: TYPICAL SIDEWALK SECTION E E HANDRAIL (SEE DETAIL ON TYPICAL SIDEWALK TRANSITION MAX �� SECTION SHEET) FROM 6" CURB TO 0" CURB IN 15' 1' BLOCK —OUTS 1' SEPARATION MEET AND MATCH EXISTING ASPHALT PAVEMENT PLAN VIEW SECTION A -A EXTEND WALL TO MATCH EXISTING MORTARED ROCK HEADWALL HANDRAIL LOGAN STREET BLOCK —OUTS TIE TO EXISTING MORTARED I ROCK HEADWALL MAKING NECESSARY REPAIRS TO EXISTING WALL. 1. THE LOWER LANDING SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. PROVIDE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. ISSUE DATE: AUG. 2000 REVISIONS SCALE: N.T.S. CITY OF ROUND ROCK SIDEWALK IMPROVEMENTS PROJECT CORNER OF MANDELL STREET AND LOGAN STREET DETAIL DETAILS.DWG BY: RSH /City Construction Projects 2000\ SIdewalks1SOUTHEAST /RUBIO1detalls1DETAILS.dwg 09/15/00 01:51:03 PM, plot 6y:RSH BELLVIEW AVENUE, NASH STREET AND MANDELL STREET SIDEWALK IMPROVEMENTS SPECIFIC INSTRUCTIONS 1. Construct 5' wide sidewalk and curb adjacent to existing pavement. See section A -A of typical sidewalk sections. 2 Ramp sidewalk and curb 6" in 6' to match existing pavement. 3. Taking a 90 ° turn, construct 5' wide sidewalk at existing grade to 4' off of existing fence. 4. Taking a 90° turn, construct 4' wide sidewalk ±4' off of existing fence. 5. Construct 4' wide sidewalk ± 4' off of fence. See section B -B of typical sidewalk sections. 6. Meet and match existing pavement. 7. Construct 4' wide sidewalk ± 6' off of fence. See section B -B of typical sidewalk sections. 8. Transition as necessary to avoid damage to tree. 9. Construct 4' wide sidewalk 1' off of existing landscape timbers. 10. 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 115 linear feet of sidewalk. 11. Transition around corner from 4' wide sidewalk 1' off of landscape timbers, under cedar tree, around down guy at Bellview Avenue to 5' wide sidewalk abutting curb on Nash St. with a radius of approx. 20'. 12. Construct 5' wide sidewalk abutting curb. See section C -C of typical sidewalk sections. 13. CAUTION! Overhead electric lines in this area. 14. Construct straight pedestrian ramps See detail. 15. Meet and match existing concrete at box culvert. 16. Construct 5' wide sidewalk and curb adjacent to existing concrete ribbon curb. See section A -A of typical sidewalk sections. 17. Trim tree limbs as necessary to clear walking path. Seal cuts with pruning seal. 18. Trim shrubbery as necessary to clear walking path. 19. Notch sidewalk around power pole if required. Maintain a minimum of 3' walkway. 20. See "Southwest comer of Nash Street and Mandell Street Detail ". 21. See "Southeast corner of Nash Street and Mandell Street Detail ". 22. Construct 5' wide concrete sidewalk and curb adjacent to pavement. See section D -D of typical sidewalk sections. 23. Notch sidewalk around tree if required. Maintain a minimum of 3' walkway. 24. Meet and match existing sidewalk. 25. Construct 4' wide curb cut with steel plate. See detail. 26. Construct 5=8" wide sidewalk, curb, retaining wall and handrail. See section E -E. 27. Water meter box to be adjusted to finished grade. 28. CAUTION! Gas test station. Coordinate with TXU Gas for adjustments prior to any excavation. 29. See "Corner of Mandell Street and Logan Street Detail ". 30. Adjust water valve to match finished grade. 31. Transition in 10' from 4' wide sidewalk to 5' wide sidewalk. Construct 10' of 5' wide sidewalk. Transition in 10' back to 4' wide sidewalk. 32. Construct new sidewalk to meet and match existing sidewalk coming from house. NOTES The contractor is alerted to the fact that work to accomplish the above Specific Instructions for items 2, 3, 4, 6, 8, 11, 13, 15, 17, 18, 19, 23, 24, 27, 28, 30 and 31 are not specifically paid for in the bid proposal. Costs for items not specifically paid for in the bid proposal shall be subsidiary to price bid for "Four inch (4 ") thick concrete sidewalk" or "Restoration and revegetation ". 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. Existing topography shown on the plans is for informational purposes only. The plans are not intended for depicting all existing features or all existing underground utilities. Contractor is responsible for verifying all existing utility locations and features, and notifying the Engineer if any discrepancies or conflicts are found. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 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. TRAFFIC MARKING NOTES: 1. Any methods, street markings and signage necessary for warning motorists, waming pedestrians or diverting traffic during construction shall conform to the Texas Manual of Uniform Traffic Control Devices for Streets and Highways, 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 Highways. Streets and Bridges and, the Texas Manual of Uniform Traffic Control Devices for Streets and Highways, 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. 2 8.0 LABOR STANDARDS COMPLIANCE SUGGESTED GUIDE FOR LIMITED REVIEW OF LABOR STANDARDS COMPLIANCE Grantee 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 Reviewer 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 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 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? (1) Request for wage rate determination (2) Labor standards provisions (HUD 4010) in the contract (3) (5) 3. PAYROLL REVIEW Wage decision in the contract (4) Verification of contractor eligibility Assurance of compliance with applicable Federal law and regulations 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? 6/89 4 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. ' HUD Home Page: Labor Relations Guidance Table of Contents hap! /wwwhud.gov /otrlolrguid2.htn 1 of 3 U.S. Department of Housing and Urban Development Office of Labor Relations 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 R - 7; R - 9; SL; 138 - 2; 138 - 7; CDBG CHAPTER 1. STATUTORY AND REGULATORY BASES 1 -1 Statutory Provisions It. 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 (F1SA) 1 -3 Regulatory Provisions CHAPTER 2. LABOR STANDARDS COMPLIANCE PARAMETERS AND REPORTING REQUIREMENTS 2 -1 Introduction Labor Standards Administration and Enforcement Guidelines for HUD Program Participants DESK GUIDE LR -H Issued: MAY 1996 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 Table of Contents PREFACE 8/10/00 2:51 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HUD Hone Page: Labor Relations Guidance Table of Contents ht tpl /www.hud.gov /oldolrguid2.hur. of 1 e. Observations and Comments of the Interviewer f. Comparison to CPRs g. Targeted Employee Interviews 3 -6 Proiect CPR Reviews 3 -7 Documenting the Review 3 -8 Initial Payroll Reviews a. Payroll Format b. Addresses and Social Security Numbers c. Incomplete Payrolls d. Classifications and Wage Rates e.An and Trainee f. Overtime Hours Worked p. Computations h. Deductions j Sign k• Comparison of CPRs to HUD -11 On -Site Interviews 3 -9 Conforming Additional Classifications and Wane Rates to the Wage Determination 3-10 Minimum Review Reauirements 3 - 11 Ouestionnahes 3 -12 Restitution for Tlndernavment of Wages a. Notification to the Prime Contractor h. Review of Correction CPR c. TJnfound 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 b Too F or Irteaular Hours c. Discrepancies in Wage Computations d. Extraordinary Deductions 8/10/00 2:511 ' HUD Home Page: Labor Relations Guidance Table of Contents 2 of 2 -2 Contract Provisions 2 -3 Responsibility of the Principal Contractor SECTION 1- Compliance Parameters 2 -4 Definitions a. Laborer or Mechanic b. Employee p. Apprentice d. Trainee e Wages f. Fringe Benefits Site of Work h. 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 h. Wave Rates r Ratio to Jourevw ro kers d. De SECTION 2 Reportine Requirements 2 - 7 Payrolls and Basic Records - Cer Payroll Reports a. CPR Format h SubmissionReouir c. CPR Preparation d. No Work Payrolls e Weekly Payroll Certification f. Falsification 2 -9 Inspection of Records and On -Site Interviews 2- t Re. . • _ si.e Partie f a ll 2 - Confidentiality a. Privacy Act Release b. DOL Investigatory Materials httpl /wwwhudgov /oldolrguid2.htm CHAPTER 3. LABOR STANDARDS ADMINISTRATION. COMPLIANCE MONITORING AND ENFORCEMENT 3 - l Introduction SECTION l -Basic Responsibilities 3 -2 LCA Responsibilities 3 - Labor Standards Enforcement Files a. Project Lead Files b. Contractor /Subcontractor CPR Riles SECTION 2 Routine Compliance Monitoring 3 -4 Routine Project Monitoring 3 -5 On -Site Interviews g. Representative Sample D. Confidentiality !< Place and Timine of Interview d Completeness of Information Gathered 8/10/00 2:51 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 l dollars and the Cranston- in whole Gonzales National Affordable Housing Act (NAHA). Any time 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 properly 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. 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 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 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. 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 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 TA' atry wage discrepancies and resolutions affecting the project; and Dates interviews were conducted with any wage discrepancies identified. SECTION 3 REPORTING Section 3 of the Housing and Urban Development act of 1968, as amended provides for 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 area. To ensure Section 3 compliance, the City will be required to notify Contractor of 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 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- 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. IMPLEMENTATION 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 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. Contractor will request wage rates for the project identified by the City using HUD's form 308. (See Exhibit A). 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, firms 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. h. Contractor will also assist the City with implementing other Section 3 programs, if requested, on an as needed basis. g • MN NM NM • • — — — — — — — MN MN NE NM • NM 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/ doll esa/ public/programs /dbra/index.html • I I NM M — — — I MO MI = N — — — I MN I 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 MO M INI M MO I • OM • i• i• l• MI MI MINIM I MI 5. 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 EN NM MO = - - — MN I r = MN NM MN - - - - = 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 I = — — • MN MN MO MN MN O — — — MI MO w MN w 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 e with the Wage and Hour Regional e 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 = E NM — • OM NM N ME I -- MI On NM MI • 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 MN M• I OM • MO M NM • NM MI I MI MI M• NM MI 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. Page 6 - • - - - - - - • - r - - - - - - - - WD -10 Page 1 TAB B slur 3 y derl dd ~ *e mber Mgr d A Mgr b mrpld. gin entree ..edge slogs M. =ma �•M q tad ^end ng do ` I.we NW., tela tdhl.p.dro tie rodeo armee tr Orig. el gin m we d u.nedet asap mgr.. lot 1b Imam we d inn P p e BMA 2den C ve Wit.and ,. , C Odor., kV eindm , weeny BMA 00 CeAm da W.gegmsD4 ADn REPORT Of CON.TRUOTIDN CONTRw0TOR'• W,O'g O A�TCI DAVIS•■AODN WANE ITEM N. rtee.dn loony ..a end .mm at ANN a one poll Ns oral.. 5 lmr 1 dneirle ien d roger mplapd ph Pepe perked p *l emit ...Mere.. . comer porn eta .er *101Wamar we. r www• who to We ...art INN see dolt Nara. llpn d wk >w wed and t o tern de NW owe Were. .1 71 .0 1 1 * ; it .....« _.. amok heel,. en n Male .4ioe. .o eras .....e �� -• ru �o mme�. �n�•mm. Meg Pe ■ S d ery Capeln were pod • hardy me A evne tyre d rot M hod ham "cur .. lm loser b ere.... .0 deans fawn gee *nor aim web M per wit .p �..n r .r- •• tin per type eat pefanmk per nemad r MNOT. rM:..0 xws i.en P orTN • 4 d do d W y e west pea IwelY nn. wd fie ' J.e.rai...r w M1 � open .epee•' . P e M „ -. rue • ppe e ak 0 ree Of Fcr >w re.lr uv � -e . " °'e".e „on. Itis Sante d the Cream, sere paid der leases cry evil Wilding MI. or fre p • . o wl*N t N N ha � .tre.0-..- tr y.dl led. :rlepety -d 1.. it 30l> . p°g° •. �r Y evTeYr.a4 New � + d mp1.1.4 dale el perk twit hor me. tad fide an . . . . N..'N ••some l.. wee.. .^r.'. hmenao alp.. - e. _ . .emwNleone.wel -r.. • tl .o- d per Cryww • Ills•* ..iced Mme d pew leo ON lie d ee We Maly nee. murder e nmee teen on d•m pang eat Dry wind me rends se fe Min wit roe ma d mar a t, es a do not u em r Fe era.. er0 rte l not mi l i prawn rename owes q. ether modem n doe a real w n ire *0r. It maw t)Pdly Federal. .pgm nnpomr Bare per Wmemg Ildp • 71 • Medal f Medal rt Wild 0 rt Marna w Me es e g tent minty. red.. bM N nk .7 rt awl win dwNliD, nMN a .eidmM Proem- Relkernn 401R Mgr courtlaticr tad tape garde: wt. eW grin, Weird pr �t+h.mn to P°^cr etch . p.m). enmity rota not T PIN NA4y - lit* prpre. of mlw.exm for Wider AA Tr mover. . DenaPnmt dpeaq of lRw°mMpa ice alining mama levy • pare bona .Iliac do m fit into the ehe coareria rem. Y.B. DLPARTN.NT Of LA.OR ■.e AMID w mien. : W eg g deur is being wllecW for ell mmenctioa Projects Ihet wen actin for sly I*T°d e ° weal Dua.rsopa sere, eenr WOO of time from (.. S,.dvough % =lS - plea. report dere on nY work redomed on Jere types of projects. one arm are PI.lece The pro)tad on which data me kern requested . in Otis survey ere repnxnted in Figure 1. Page 7 seq Tee Verne 4 - F - IP HI 4- • w.. INN. L rt�.l TAB A enemy tentey Dow I relented form emd m p•°r••aed by ON am, deal, awe t'.S. Deportment or Labor Wage and Hour Dial :Inn Room Sd01d 200 Constitution Avenue \V. Washington. 11C.. 20210 if mot', eric inr antre t w 11Bm fp he r0O n P n 1b) 1l as [yr. d ammnal Om n51. ev x Re the Mee Prom NON. wherher Ire femrr nee a Piwefm0n1 n n me me ! me n ow ma me am me me n n No n us n WD -10 Page 2 Key TTrnn TAB DAVIB -BACON • ■A f. lo•d WAGE SURVEY REPORT Or CON ETRII GTI ON CONTRAGTOR'• WAR.. RATr '.p. *W... h r uf. Pep • 4 Pepe r r ypalry r TWw � r iMrrlw •I`T raair s Mt snw .r i mono SUM nm11M11 nummmuminni -.. .tea by ea ...rri. *arc nrW `. P ail � ▪ ....Rrt.. .arr wa w.. ••■ ,,.w ...•aI w., a ✓ ry•y.r.n... �� 1 r aM PP. ..r r .r�9.TN.ur r.M d. r.n ••p. ar Ma �nb ..�w rrlwnr+rar.r.. Page 8 0.. OIM 0 o" O w ' O.a 0.... O r... O rur O.4 O .. pr,... n ..,n..n O n., Om I OM NM OM MI UN MI OM — • NM MN MN MO UM MI • SectionlI 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. uIIiuIIlIIII.uI.lI.u....uhI ADDRESS ,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,.,,,ummuU1 ,.,,,, m STATE 7.a'CODE 11 Wi 11 PEDNE Ili 01.101 E7CI.um Page 9 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. MR.LSR & SON'S 1TOMti RENOVATIONS X111 iii ummo I 11I000um 26$3 COURT )USSROAD ,11 111immum1111 OAnk1ERSBURO gummommummummumm 11 1110 all 301.555 -44 M Ill Page 10 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. 1 (, NAMEOf CONTRACTORlSUBCONT MTOR ............. u* ............. ADDRESS .m**UU UUUU*U.......n. CITY ����mm��mm ................ STA ZIPCODE *I mom mm. ... m... EXT. m... Page 11 IMO i •• MI M I MO ME • MI MI • • NM OM r• OM ITEM 2 In Item 2, provide the name of the project and complete project address. Include the name of the general /Prime Contractor if different from Item 1. TULLNAMI:OT PROJECT AOORESS2 u! * i i i uiIu CITY tome i *i * *ii* UI1uhhhhh1UU1 NAME OF GENF.RAL/PR L�IF. CON'fRACTOit Page 12 I S OM MI • MI OM MI OM NM M — — MN MI NM • I MI ITEM 3 000000 INS 1110 000 'IMMENSE ©ESSE= • ESE EMI SIN SIM • 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 n d 3B and complete the Addendum to Form WD -10 (p 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. 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. 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. MINIM — — — — — — — — — r — • ITEM 4 In Item 4, indicate whether the funding source of the project was Federal, Pri vate, 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. • uII1111hI1111I1111l Page 14 • I• I MO MO • O — - - - — MB • MI OM OM ITEM 5 In Item 5, indicate the type of construction being reported (i.e., Building, Residential, Highway, or Heavy) and all relevant descriptors (e.g., dorm, bike path). • ` 1111111111111111111M ' 111111111111111•41111111•4111111111111111111111111111111111111• • 6 . • • • ■UUUIIIIR■ R•U\U••U • • • • • • 11111111111111111111111111111111■111111111111111111•1111111 • • Page 15 OM ON OM MI • In MN MI MO MN • • MO MI = OM OM • MI 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 �Iiisuuummumum T e of Work Performed ERA • Page 16 MIIMO I= • MTh OM =I MN M MOIM M 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. NIIIIINIMNIIIIINI Page 17 IIIN I MI I - - - MN MO — — - -•= 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 ME I =• =•• I OM I OM • MI = I• OM E MN ITEM 9 Health & Welfare - Medial or hospital are, or insurance t0 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 mta1 dollars paid per worker. If a total dollar amount is paid, indicate how it is paid. I alth & Welfare % of basic hourly rate T tal S per worker by: 7 Hour C Day () Week () Month ...gl 0 In Item 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. Penkinn - Retirement. 401K, 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 how it is paid. V ...©u© 9apson (a01K+ Annuity+ 01111 �/ % of basic hourly rate •T tats per w erby: Hour Day () Week CCC��J Month Apprentice Training - Defmyment of the cost of apprenticeship or similar training programs. Enter the amount and indicate if it is a percentage of basic hourly rate 01 total dollars paid per worker. Ka total dollar amount is paid, indicate how it is paid- AQprentice Training V..% of basic hourly rate T al $ per wgtiter by- Hour ( J Day () Week () Month 0 Page 19 Vacation Plus I lnlidny - The payment of compensation for holidays and vacation taken. Enter the amount and indicate if it is 0 percentage of 1)1010 hourly rate or total dollars paid per worker. If a total dollar amount is paid, indicate how it is paid. • V cation Plus Holiday % of basic hourly rate • tal S ty�erby: Hour per L Day () Week () Month ()Total # days per year ...© 0 Li 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 basic hourly raw or total dollars paid per worker. If a total dollar amount is paid indicate how it is paid. tditional 1 P0, 1i,1 kits, % of basic hourly rate �T talS per wger by: 7 Hour Day Week Month Tot .l #da .er -car ■ MO 0 0 Additional Frinee: BEM ° ©� ©��� IMM • — — = MI I MI NM = MB N — — — • IM ITEM 10 If necessary, clarifications may be provided in the Remarks box Item 10. Page 20 I EN I SW N -- I - -- UM I NW NM I MI • NM 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. Only supplied materials 11. Submitted By 11111111111111111111111111111111111 Title .......0 .............. Organization ..................... DateReportSubmined ©QOQ Telephone Number n FAXNumber I ..H.. —...■ ° ° ° ° ii�nsS�li joifjr,fl 'j i ulir, �:.7pll . 0711 9 4rti111,_.1,1 Signature Page 21 Addendum to WD -10. INO MO MI DAVIS BACON WAGE SURVEY 91DE 7 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 while box with blacklblue pen or TYPE information into the white boxes. crAw ..':•rn Annik AMA PA/. .STATE rMrto ry 5fi-Ji' -'1Sn Annumr vti AT ..ZIP1'filb Mar WARE a1X1 .mfvinl- dtfflR 4 ink Wank' Page 22 Addendum to WD•10. DAVIS BACON 1. Please identify by name, address, phone number, your subcontractors involved 2. Please PRINT each character into the while box with black/blue pen or TYPE Page 23 U.S. DEPARTMENT O B ADOCCCCw to FORM w0 -r 0, 01415 NO. i ilIDOODA WADE SURVEY SIDE 2 on each project for which a WD -10 is being submitted information into the white boxes. NWT!' Annum* ' L9� gfitp a n Wmiee1 Anno ea' ATE,: 1114'AAF- vimni witaa' - VAMP ' DFAC 4 1r , t e MO • MI • • MS I MI I MI -••• UM MO • 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 Ur UM Ilcqucsl fo, Wage Determination And Response To Request Wadi /ars• Asa ea Amended and Related Statutes FOR DEPARTMENT OF LABOR Mt Response To Respell the sues determinelion tensed 1es this. area e_I The ellihnl*shirr.. notes/Wow n e W1kdd. 1. OW1111 .eel Menton Noma Dale of Menton k euiUI Supestedes O.ehlon Numbs nepourd 3041-10 NSH /520- ()0-101 -0018 s — — tep — MI MI U.S. Department of Labor Employment Sta d.lds Adminhhallon Wage and loon. ()lotion Mad Your Roque. To LABOR STASCARDS OFF 1 CER TEXAS OEPARTIENT OF COI•EERCE P.O. DEW 1272• CAPITAL. STATION AUSTIN. TX 7.711 Rpuallly Dllker lrypne name and rlp..Wrel kp.ldn'M. A•elssy. or Bula EAU o1 Request Shammed A4.e.eislne rata • ... P1104 0eehlo. Nunbsl 411.ty1 F.Iknaled 3 Value 01 Cr +rrnel IJun.kinl•d I_111.1 S 1F. CI:I Lea rino+61.:+ Ashhe1t to which vole detarerl ation should Ise med.!. IPnnt w tar - 1 r L 'Localism of holmt (City. County. Sisla. Zip Cod.I DetnipiIon of Wa1 18. sped rid (Prior of I ypal l'hone N.nnher + u.s. w.- -- rnr., -. am.. toss-... nrrt.ell F.dmalnlnlaol 0 B:,lr IvPn nI Wo,k 1 1 111[14. I J() -.w 1 l WOW CONTRACT NO • — MN MN `••_ CHECK Orl LIST Cr...1F IS NI 1 NEI (Attach eonnm•arrnn .heel rl n..ev/rrl• - A,bcstot .^ro Bnlln,nekl'1 ,._ e.rcuayn. - Ca, pease.. - Cement mason, Ert - ONrlen - hon..C,l ^■ Lot hers Ltarb'e A r•Ie let rr s. r rahnle. - Ps1e1.iverraen Planate. -- Plmnt.n Ilooln.t — Sheet .stet v,o,l en - Solt (loot I1. Swmliller. - W.lde,a - .tie lo. c, alt _ T,.sek driven Power egoipmeet nPeuIo.. !SAM ry type./ Oil.., Crdu $r.ndard F nrm 308 (liar May 111001 U.$. Ilep.'I.nen1 till sewn 20 CI 11' 11 - - - • - - ' - • - - - - - , 40111 1,1 1 ...•...,., ,w u., 1010 . I11ICM1./ 1111. 10..1 pill /f it r fllO.l ro: WI Of D6C11AlI PAYROLL 1., a•1,•.,•r. O • a••• U•E S•• 160b4Y.n V. • WH - 347 •••1 OHn/ 2501 -0007 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendme.n.: of the Davis - Bacon At 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 oavroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent In the statement of compliance that be is oaving to others fringes required by the ccntr_ct and not paid as cash in lieu of fringes. Detailed instructions follow: Contrac :ors who pay 211 required fringe benefits: A contractor who pays fringe benefits to approved plans. funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor 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 pies 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 S3.25/.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 cootractor may check. shaft 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. e.ee,ee..,e,.... «. e. ,«er.e w, For sole by the SupermtenJene of Documents. L'.5 Government P: -t,n5 Ocoee ,.n,nsson. D G. 20402 - Prtce St 2f per pod of !6C �n t eCr d d ys do d f U worn war ` " � r1 • _ 1 ,✓ ... .q/ 61 ♦ - ... s ue / 2 4 �_ L s, + ,rt .. 1 .•c...o. _ / / La,. TO 2/ 22 . iww o...• •,M.o •.^ c "' • ...r.::.... ...r.::.... ..,....E o'..... o.0 1 II cw o cwo. .Toha 1...--011.-0_y / • —'0 J0 /c nc n 11.1+.1 9999 a l dW r T., S /t/, r E/ccYr c /O,1 - - - - - - r ' -__ S � • 0 � j 7 B $�,DO 1l. °'' 9.d 131. 4 /7.22 _.14.71/74 ea s f34 _ 7 fo In L _ 40 12°D . LMr, f Tme t it , . -I, • -ta t'1l.ftLT �3S ienr / ,,- $c,4 evnt /•d r ct only • eater 7.45 04 : (5 number- c / p.'yr° // 3 <frer c' ott) tc ° nett /in 170.01.11•01•6101 LAD110 T • • ' 2X - 1 Fe /r✓ari 72 /9 PAYOOLL (1•t Coaled %Opi•.•1 U.•1 f•• I..r•. a•.. I•.. Y!M• 3471•.11 L.3_.- ZL-acr ? rJyr ° //J mat 6e he/a errr-/.re aer)f/d / /y... Overtime W • rite .e flora/ f /44G 4178.- t/•'c • /700 04 )oil +✓a/ G..( a� number on y. ✓r 1.11' f J -o // e.cerded 4e0 � n•te r ✓eek e 6 necJ • told / overt %•Ye iala eer frroe /d /.receri, nu«der dre . • the t:rtf tine the rw.her} nano e o, Yh riyr. /t • wfu ecr. 44, e0j41d mu; r...r•U .J Jr/r/r•eu C/)st & of...I t be f, / /e J 1t .n.Jf i t d on ..54e ✓ ✓e/CiM /M.eJ °ry , • • rt C /Jlltr >�d/OJ7 rJ �r d ef✓ip.nene .•/o 0,41 /nn4c type r JFr lmriepe ✓er . e1� . . lyre ordeo' c • tau / ded✓ei.°.at.•thc de / c f,oa , •>' flee , C4c4A y e ✓� F'j✓/ -ee j J ✓d�....1 fnfJ /Jwf. .!, /,4e /1 N.,/ . )%1a Jn,. ✓e.- J,{.., /d el.,•/ /.6e 4441 r/, c,t.u.rtri • / ,,- $c,4 evnt /•d r ct only • eater 7.45 04 : (5 number- c / p.'yr° // 3 <frer c' ott) tc ° nett /in 170.01.11•01•6101 LAD110 T • • ' 2X - 1 Fe /r✓ari 72 /9 PAYOOLL (1•t Coaled %Opi•.•1 U.•1 f•• I..r•. a•.. I•.. Y!M• 3471•.11 L.3_.- ZL-acr ? rJyr ° //J mat 6e he/a errr-/.re aer)f/d / /y... 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OM0.1 write. in n. cmri qt r b,n1cf, I, A vcrr i aNd /o //laird& Iry / Oa7Cj/ asurr1/ (aet • • Se w..._ r....... w.r 0 • S,r�na/`reAnte le... In ilk. a -yina/ f rM►x ) au//fonKd /n sip" MI • NM NM • - — 111.1 - - 1110 MO OM IMMO ° ¢O . po.—t. 1i /e . rgr [ •.no. 1 Crarl • - � I - I �� - I -I- V r.�- �llcrf 5 l�6e.er�_ 12 Q L .81_ _ J/dcc /a/c lt • wher7 eta • /o ee works ra my PAYROLL (1..C......l..:o • Mub.Ya hem WII•341M.11 at 22 • AND . T 1 i �Z 22 .1074 V•IMINIDIAC■110,■ 121 O 2lr /2jlel• ... ..,, _Kzr 44.4.1 /fir L x x_Qoo rc Ifs NIA 0110JC 1104 ; ? Lza O 6.�Q 30.2 ELL 4,28 rak t.5 W..- .r,,el So .L2o91.18 speC'Cy tyre oi e /dj 1:4 d} re/Ye-elm/ on 317, ,cock r�rck • rcce.vc[/ r an,/ a h..//' 4.- 2 Roans on 7i u, ray An- work M • 4.e-re e;— c. 0t/.e.- glee t (sec c l -+.. T) . Co /tang. 7 S/co[✓,s .. - dn d.nou,ne" ca.nc� •1 ✓ abr.Y on 292.4 e4it Caa dcf 428.40 Jninunf f.,+ -! an //cr pnilccr d'oc..u.,r ee R/ C. 47/ Anitll der. j the c✓ccA- 1 rt , Dr. _roc;a/ fcCU.i y n.,n6o- d ce bccau'e tads c/7 a f, P yr.✓/ I OM Ji•he :o2GeniEetlt /3 _bath. d_dbop �SPEicr Jauaf _ M NM — — i - - - f-Z nw t0 A VepaA w s Iw • a rey {, W es U ✓eriWne invo { � e n f✓ a e f . rte y St oo�0 4� ✓erlmG Afft- nfice Cd M•. 40 X 3 edt;avre r fnz <..a# Patahop she,' d /r +rcr, ties C /.ws; k Show See/. to cen r'dya ideas /; ( dl een y .�✓,...,� C. £r,,- llc d/ /•.w.-'en Ce.� CdtC eV' Pi -+ I-e 4 1 1 /0y PAYROLL 11 •• C.•I. W.i . 0.6..d U..; r • I•Y.ae.. i... W M - 34/ 100 JDQ p A,,-1h A,rirccc 12 //ds. .. 1.0 . n. :il ct I o - ololo/ Mot. t•Cret • 1! ii 22 �� (41 IIE�1P1��Z LI Zf 72 Vob'e -t .jlaw:tort d!/4871! t/7w+4 Wor /7: an / , S Cer A'.///fJ b. a, 2 /.t... i ev'ectt-. e. 64 beedaJe SJ/ +nln+ u� ^krJ -re,51 / —, duel 1.76 LAPoo d✓eJ tinier dues L1n ?L27 1.5.81 c7afrrcs Cyr /fto / tLIS IrCisholtti 3.1 55 q0.81 01 1.07 e ..- C .. �. , f n./" re / /cJeJ .0% / � : c l.es p'f oae If h Co- r�le.ce ✓ +/r CN/fi- 4 ........ , . . :d � ."e .:7"*.., ... .....,. ....... • _ ,.- z.:::, ... >... - �,... ,.......•.. ....,... .% _ . . ...a . - '� 6� ��I p — ... ;y .. .. ............., 4. �d,,c_s_f ne. c 3 .. —_ ' 2 . — ' / - _ 8 — — 2M. 8 a -- Y a+ — — 3 — - s a I i 1 I led I M J NI I I COI I _L0 133E .8.2Z l2 20 4, ,tt 4 4426 do X 84 3%. J1 . 25.41 SZ.uo C�,a �`JJ 3 &0.1 = >r.z, — 1. = -.Q. Ed.15 M - 3b2.L 1 .CA Le e li■ns.f_.cicac..i— _ _ _351 243.22 ■ 6ci -r 11.rnr 824 i✓.00 ivy.✓ P.41.4...3 TX no... _F�3r -s CARY'rvre • - — ' a • _8.47 ne• 2 .11M I MI = Mop= • • • rie and aia9es /{ eml /aJ'4 e works oil irsore hdn one c /eslifiedtion di,riny the week • whenn an emr/oyee mores rd trI To .,e.s s ;nee ✓d.Ars r✓e.. rd rhdH ale C /d.13.t C..1 .t C / • use c "fir as cvrt s;r a ch c /.r.�srfic. /, ''1 hare we ,-m c .. .h sr .. �u�ro// 7Z70•-n, • /Come• 4 .1"4: ed o� �Ji /y �m .1 Act l t + /yr..I / ,Poses -f Ramie 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 PAYROLL DEDUCTION AUTHORIZATION Contract No.: Project: to deduct $ I hereby aut horize Check a ro riate from by payychecc k. This deduction is for: ( PP P blank(s).) _ Loan Repayment Credit Union Y - Retirement -_- Profit Sharing -- _ Advance on wages --- Charitable Donations Savings Insurance Premiums _ Savings Bonds -_- Union Dues Other: Uniforms This deduction is to be made: (Check appropriate blank) _ One time only _ Weekly Monthly _ For weeks Other: Employee's Name: Employee's Signature: Date 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 first payroll for which the new appointee executes a statement of compliance required by the Copeland Act. Finn: Contract -No.: Project: I do hereby certify that I am (the prime /a sub -) contractor on the above project, and that I have appointed payment of my employees. whose signature appears below, to supervise the Y 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: Date: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I D 1 Record of Employee Interview Labor Standards rasa n�mar ►ra4at Nam. 1. Nam. d Emprere. 2. Mha• .Pares/ /ra Z. Cx. 2 Las Out Thu Wy.M In •rtMa art Nu p /rIT 'easel Sews Tau /T7 • Tarr May/ IT Pry Awe 6 - yew Ja Ct.uaca1rnu0 • Yew ONrti 7. Ton. y IMAM.* U:.47 1. Par a sraa Tr.r era 0u.104.10e w w Sore Waned n lawn •Iae M I WIWI (I ~ea mom* gray • ra re••• wry "InapONesem t. Mr T1.eaI*d. Ir..MYlly y Caryl ere G. 'A Uh My PM el Pee to. pour. 0mwrvea al wow.. 11. Alm*l (GrYMM as ••rw 2 rrapuyTl Cate M trrrnre. 12. £owe w f.:nr•..r Payroll Examination 17. 1(•mw (CAY•%. sn r..•• 1 Nea..SI ) 1• Ulna... M hlaw Eaa••• Department of Nousrng Ind Uttar, Devtlopmew S CC. .. S lCIGr IEmawr.�l NW.Oer 0r Nauf OMB Approval No. 2501.0009 (Es: 1`•30.881 . *et 1 he .hemwlKd 71 e.�Ne C./AIWA is C u.ma.lbrl Prev ous Eauon 12 00201.1. r1u0•11 {1.161 -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1e 1 NarICE j; '10 ALL EMPLOYEES Working on Federal or Federally � Financed Construction Projects MINIMUM WAGES OVERTIME APPRENTICES PROPER PAY 0- 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 Tess than one and one -half timer 40 f pay l s our basic rate a week. There are some exceptions. worked e Apprentice rates apply only to apprentices properly registered under approved Federal cr 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 V.5 O.oanmrnt el t.Ieor d> •c�••nuu.w _ 1115 1PL =ub� 'PARA EN ri'I:AI A.JOS DE CONS'I'I:IICCIIIS FLDEI:ALES O FINANCIADOS !'OI; EL I:OIPII:I : \O FI:DI:I :1114 A usteo tienen que pagarle no menos cel Mario que aoarece en to lista que acampat5a este avtso para la ctase ce traoal0 que esta hacienda. A usted tienen que pagarle no menos 0e tiempo y media de su salario regular per to0as las horas de traoat0 que exceden de 6 horas a1 dia o de 40 a la semana — el total que sea mayor. Los salaries para aorendiCes se aplican solameme a los aprend- ices que estan debtdamente matriculados en programas de aprendilaje aprobados per el g0bierna federal o estatal. Si usted no reeibe un salami debidO. comuniouese con et oficial contratante nomorado a conttnuactdn: o pdngase en contact° con la oticina mas prdxima de la Division ce Floras y Salaries del Depanamento del 7rabajo. La division tiene ofiCmas en Clentos de ciudade3 POT 10d0 el pats. Aparecen en la maycna de las guias telefanicas bale united States Government. EmolOyment Standards Administration. Wage anc llcur Division. 6-11- 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 s.v. 3.I Purpose and scope. 3.2 Dentitions. 3.3 Weekly statement with respect to payment of wages. 3.4 Submission of weekly statements and the pres- ervation and inapecuon of weekly payroll rec- ords. 3.5 Payroll deductions permissible without applica- tion to or approval of the Seeratary of Labor. 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. 3.7 Applications for the approval of the Secretary of Labor. 3.8 Action by the Secretary of Labor upon applica- tions. In Prohibited payroll deductions. 3.10 Methods of payment of wages. 3.11 Regulations part of contract AUTHORITY: The provision of this Part 1 issued under R.S. 161. see. 2. 48 Star. 848: Reorg. Plan No. 14 of 1950, 64 Star 1267, 5 U.S.C. Appendix: 5'U.S.C. 301: 40 U.S.C. 276e. SOURCE: The provision' of this Part 1 appear at 29 F.R. 97. Jan. 4; 1964, unless otherwise noted. Seedon 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 G.S.C. 276c), popularly known u the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is 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- C3 - 13 mum wage provisions, - including those provi- sions which are not aubject 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 worts. 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- atancea and procedurea 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 etations, 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) lo not a "building" or "work" within the meaning of the regula- tions in this part. (b) The terms "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 tern's "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. eludes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcon- tractor: a corporation closely connected with the contractor or subcontractor as parent. sub sidiary or otherwise. and an officer or ager.t 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. 129 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 cite)" 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. (c) The requirements of this section shall not apply to any contract of 82,000 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 Copeland Act Regulations • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Copeland Act Regulations of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 95. Jan. 4. 1964. as amended as 33 F,R. 19196. July 17. 1968) Section 3.4 Submission of weekly statements and the preservation and inapeeion of weekly payroll records. (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 clas- 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. Sertion 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. (313 (b) Any deduction, of sums previousiy paid to the empioyee as a bdnafide prepayment of wages when such ;repayment 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, sickness. 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 otner benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form 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 (3)4 operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contribu- tions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union ini- tiation fees and membership dues, not including fines or special assessments: Provided, how. fiver, That a collective bargaining agreement — between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board. lodging. or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938. as amended, and Part 531 of this title. When such a deduction is made the additional records required under ; 516.27(a) of this title shall be kept. (k) And deduction for the cost of safety equipment of nominal value purchased by the employee as his own property for his personal protection in his work. such as safety shoes, safety glasses. safety gloves, and hard hats, if such equipment is not required by law to be furnished by the employer, if such deduction is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which the deduction is based does not exceed the actual cost to the employer where the equipment is purchased from him and does not include any direct or indirect monetary return to the employer where the equipment is pur- chased from a third person. and if the deduc- tion is either (1) 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 employment or its continuance: or (2) provided for in a bona fide collective bargaining agreement between the contractor Copeland Act Regulations or subcontractor and representatives of its employees. [36 F.L. 077n. May ^ -a. tt71.) Section 3.6 Payroll deductions pernrisaible with the approval of the Serrrtary of labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under : 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor. subcontractor, or any affiliated person does not make a profit or bene- fit directly or indirectly from the deduction either in the form of a commission. dividend. or otherwise; (b) The deduction is not otherwise pro- hibited by law; (c) The deduction is either (1) 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 employment or its continuance. or (2) provided for in a bona fide collective bargaining agreement between. the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making oC payroll deductions under ; 3.6 shall comply with the requirements prescribed in the follutying pnr:t• graphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application need not identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the sub- mission of an application which makes refer- ence to the original application. recites the date of the Secretary of Labor's approval of such deductions, states affirmatively- that there is continued compliance with the standards .et forth in the provisions of 3.6. and specirie- 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. (16 F.R. 9770. May 29. 1971.) (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a descrip- tion of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed de- duction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person. if any, with the applicant. Section 3.8 Action by the Secretary of Labor - upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3.6; and shall notify the applicant in writing of his decision. (313 Section 3.9 Prohiititrd pns roll drdurtinns. Deductions not elsewhere provided far '• this part and which are not found :o be per - sible under § 3.6 are prohibited. Section 3.10 Methods of payment of owes. 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. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of rontrart. All contracts made kith respect to the con- struction, prosecution, completion. 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 covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see § 5.3(a) of this subtitle. 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) S.Heel A-0.vu -Leven .•4 let.+M Ade Pre..4we..21 Pre4.4.nee See. 5.1 P.2rOese and scope. 5.1 Def that) rJ. 5.3 -3.4 [Reserved] 5.5 Contract provisions and related mat. tern 5.6 _Enforcement. 5.7 - Reports to the Secretary of labor. SD W ork Hours and damages afety Standards A ct s 5.9 Suaper3lon of funds. 5.10 Restitution. criminal action. 3.11 DUDUtes Concerning payment of wages 5.12 Debarment proceedings Sec. 5.11 Rulings and Interpretations 5.34 Irons tolerances. 1 an of this sub1151 l and this parr- 5.13 [Jm1ca21osu var12Uons. tolerances and exemptions under the Contract Wore Hours and Safety Standards Mt. 7.16 b y he Department approved f Labor e rio r August 20. 1975. 5.17 Withdrawal of aaprce al of a training pro6tam. 3uae.r4 6- Intern ioa •4 n'. 'Ante I ..151. Peevi.:.ws .4 Me D 4.-4...• Ad 5.20 Scope and 1l6nlflance of this subpart. 5.21 [Reserved] 5.22 Effect of the Davis-Bacon fringe b.ne- fla provisions. 5.23 The statutory provu10ns. 5.24 The bate hourly rate of pay. 3.25 Rau of contribution or cost for fringe benefits 5.26 contribution Irrevocably made • • • t0 a =nee or to a anted person 5.27 - • • fund. plan. or trauma 5.23 Unfunded 5 f g 5.29 S WWean= xuf 5.30 Type of Sege drr.v..'.95.iorJ. 5.31 Meeting ease derermm2t(01 thane. 5.33 5.33 Overtime Darman= A853(0959' 9' 40 U.S.C. 2762 - 2154 -7: 40 US.C. 776c 40 5.3.C_ 311-332 Reorganla• n 5 17 .5.C. 301: and 1551 statutes listed Ids tfon 5.1(8) of this cam Soater: 43 FR 19541. Apr. 29. 1963. unless otherwise noted. Subpart A- Davis -bacon and Related Acts Previsions and Procedures 2011000. 48 FR :9540. Apr. 29. :983. unless Other - eUe noted. 9 5.1 Purpose and scope. Ea) The relulal :crie ConWned in thla part 2re promulgated under the au • ChOr)50 Conferred upon the 5eC7et215 of Labor by Rro'Rnn)zat:on Plan No 14 of 1950 and the Copeland Act :n order to C0ordlnate the adrair.strauon and en(Oreement of the labor stand• arils provisions of each of the fallow- ing 11 by the Federal agencies re soonsible for their adm(nistrc ::On and of such additional statutes as may from time to time confer upon the Secretary of Labor additional duties and responsibilities similar to [hate Conferred upon the Secretary of Libor under Reorganization Plan No 14 of . 1950: 1. The Davis -827281 Act (see. 1 -7. 46 Sts[_ 1949, se amended: Pub. L 74 -403. 40 US.C. 2791 - 2788 -7). 2. Copeland Act (40 C.S.C. 2160). 3. The Contract Work Hours and Safety Standards Act (40 0.9.C. 3:7-332). 4. NaUonal H06su16 Acl (see 212 added l0 e 847. 48 SUL 1246. by see. 14. 53 Stag 907: 12 U.S.C. 17130 and repeatedly amended[. S. Hom(ne Act of 1950 (ooUege housing) (amended by Housing Act of 1959 to add labor 9rovt5lats. 73 Stag 681: 12 1749s( f)). 6. 13013al00 Act of 1959 (sec 401(1) of the 16-372.73 Art of Stag 6/1: 13 QS amended 7010(0 131) L 7. Commercial 0sherles Research and De- velopment Act of 1.904 (see. 7. 76 Stag 199: 16 USG 7791(8/1. a Library Service/ and ConstrUcuoa Act thee 7(8). 71 Stan 13: 30 17-S.C. 3252(2x as amended). 9. National Technical Institute for the Deaf Act lace 511335). 79 Sot 129: 20 U.S.C. 684(0951). 10. National Foundation on the Arta and R11man111es Act of 1965 (see. 5)6). 79 Scu- lled as amended: 20 US.C. 954(1)). 11. Elementary and Seeondas7 Education Act 66 1965 as amended by Elementary and Secondary and other Education Amend- ments of 1909 (get 433 ea added by Pub. L 91 -330. 1111. IV. am. 401(8010). 64 Stag 169. and renumbered sea 433. by Pub. L 93 - 316: title III. sera 301(x)(1). 86 Stag 326: 20 U.S.C. 1232(0)). Under the amendment cov- erage is attended to all programs =mints. tared by Ma COrnmlulptler of Education. 12. The Federal -Aid Highway Acts 172 Stag 695. se amended by SI Stat. 631: 13 0.5.C. 113. u amended 87 the Strode 77 Andean= Act of 1982 Pub. L 97 -434). 13. Indian S.H•Determlttulon and Mum- 4.10T1 Assistance Act (set 7. 86 stag 2:05: 23 U.S.C. 450e). 14. Indian Health Care Improvement Act (see. 302(3). PO S52L 1407: 25 5..C. 1633(13)1. _ 13. 306(11 %S1 IT its 364. 29IIS (3 .C. 776%5)). 16. Comprehensive Employment and 71 +'95.51 Act of 1273 (sea 606. 87 Stag 810. renumbered see. 706 by 61 31a3. 1646: 29 US.C. 969: Wm sea 604. 18 Stag 1846: 39 IISC 964(893)). 17. State end focal F13C.11 Aaaisunee Act of 1972 ilea 123(ax61. 65 S1aL 933: 31 MR0. 1246(896)). 13. reams Water P011ut1013 C5nv131 Act (see. 513 of see. 3. 14 Stat. 194: 33 U.S.C. 1372). 19. Veterans Nursing home Core Mt of 1944 (78 Stu 502 u amender.: 38 U.S.C. 5035(11(5)). 50. Panel Reorganisation Act ( sec. 410(004 %Cr. 84 Sul_ 726 15 amended: 39 17-1.C. 410(1304)(C)). 21. Rational Vuttors Center Full:ties Mt of 1966 teed 110. 32 Stag 45: 40 U.S.C. 606) 33. Appalachian Regional Development Act of 1965 MC. 402. 7_ Stag 31. :u • AC0 4021 :7. Heath Services R<sevcr.. Healer. S :8 1 810 McC)c0; Lbrar :es AC: ac 1974 14ee. 107. see sec. 30814:2 :.`.cre0). 09 Sts. 370. u arnenoe0 57 90 5tit. 373. 4: C 2 Lm)hl(2)1. 24. Hosoltal Survey and Corot :(1c ::on .4c.. 2s amended by the Hospita: arc Me1:cs. =s• 0:lllle3 Amena,ien•ts of 1961 (sec. 605)2.■5:. 78 Stag 453: 42 Q.B.C. 291e ek5 1). 25. Health Professions Educational Assist• once Act (see. 303) 01. 90 Sot. 2234: 42 C.S.C. 29340161)(C); lass see. 308a. 90 Stat. :226. 42 1)S.C. 293.10247)2. 26. Nurse Training AC of :904 (sec. 941(ax1((C1. 89 Stat. 364: 42 U.S.C. 296a(b)(51). 27. Heart Disease. Cancer. and Stroke A:tend.•tent of 1965 )sec. 904. 1.3 added by sec. 2. 79 Stag 923: 42 US.C. :596(0)(4». 23. Safe Dnnk:ri1 .Water Act (sr. 2(21 ace see. 1450e thereof. 88 Stag 1694 42 0.5.C. 3005- 9111). 25. National Health Planning and Re- sources Act (•M 4. see sec 1804(82(12(M. 80 Stag 2201. 42 US.C. 3000-1(5417H)). 30. U.S. liousmg Act of 1937. as amended end 220241fted (88 stag 667: 42 U.S.C. 14371). 31. DemonstrsiS9 Cities and Metropoll- (6n Development Act of 1966 trees. 110. 311. 503. 1003. 80 Stat 1259. 1210. 1277. 1284: 43 5S.C. 3310: 12 11S.0. 17130 42 V.S.C. 14371). 32. Slum clearance program: Houamg Act of 1949 (510. 109. 63 Stag 419. as 42 0.5.0. 1439). 33. Tarot houal= Sou1151 Act of 1944 (adds see 3151() to Housing Mt of 1949 by sec 503.75 Stag 797; 43 U..9.0. 1466(()). 34. Housing Act of 1941 (see. 707. added by sec 907. 79 Stag 496. as 103195420: 42 U.S.C. 1300c -). 35. Defense Housing and Community FY. duties and 522.1010 Acs of 1951 thee. 310. as Slag 307; 42 17S.C. 15921). 31. Spcdal Health Reeenue Sharing Act of 1975 tart 303. see see 222(2%5) thereof. 89 Stag 324:42 II9.C. 392992 %5)1. 37. E40110m1c Opportunity Act of 1984 (sea 607,18 Stag 0321 42 12S.0. 2947). 32. Heidru7. Economic 09907101(111. and C9mmumty 917121 r:nip Act of 1974 (sec. 11. 1 see. 911 thereof. {3 Stu. 2727: 42 IIS.C. 799221. 39. Hourtn6 and Urban Development AR of 1965 (see. 707. 79 Stag 497 u amended; 42 US.C. 3107). 40. Older Amhara Act of 1965 (sec 502. Pub. L 89 -73. as =mended by sec. 501. Pub. L. 93 -29: 81 Stag 50: 42 U.S.C. 30412(8 %4(1. 41. Public Worts and Economic Devel015- meat Act of 1965 (sec 712: 79 Stag 575 u amended: 42 0.3.0.32=1. 42. Juvenile DalincuencY Prevention (see. 1. 84 Stag 336: 42 QS.C. 3694). 43. New Commumues Act e( 1946 (see- 410. 82 Sag 319; 42 U3C. 3909). 44. Urban Gro=in and New CommunitY Development Act of 1970 (sec 7271(1. 84 Stat. 1807: 42 US.C. 4929). 43. Domestic Volunteer 5eretce Act of '973 (act 404. 67 stag 410: 42 12.3.C. 5046). 41. 2.11110.5 and Community Development Act of 1574 (sea. 110. 60250. 98 Sag 649. 724142 13S.C. 3310.1440(1M 47. Developmentally Dua3)ed Assurance and Bill of Right Act (sec. 122(41. 89 Stat. 468: 42 U.S.C. 6042142: 51111 1. sec 111. 59 Stat. 491: 42 US.C. 6063)b%l9 48. National Menu Co1serv=tlen Polley Act (see 312 92 Stag 3254: 42 U.S.C. 637111. 40. 908110 Works Ern9{0ymeat Act of 1976 •sec 109. 90 Sat. 1001. 42 U.S C. 6708: use • sec. 508.94 Stag 1006: 42 C.S.C. 0726). 50. Energy Car- rn111en and 9104921301) • Ac: sec. 451102. 90 SI1L 1168. 42 12 S.C. 68810,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 55.1 (a) 51. Solid waste Disposal Ac: :cec. 2. 30 Slat. 2821. 42 S.C. 99791. Pas' Passenger 5err(ce Ac: pr 1970 sec 4050. 64 Star. 1337. 45 C.S.C. )65'6) 51, Crbar. Mass Transportation Art of 1364 , sec. 10 78 Scat. 307. re:s_noerre sec. 12 oy 88 Stat. 715. 49 C.S.C. 1609) 54 H :gnvay Soee6 Ground Transpor :a I 1006. 5tuoy (sec. 6(6). 79 Stat. 693: 49 C.S.C. 1616(6(). 0!55.9 ,( sC arid Airway 84 Sute s .31. 49 t U. Act 11:2(0». ' se. Federal Cinl Defer-se Act of 1950 (50 " - S.C. A00. 2281:). 57. National Capital Transportation Ac: of 1965 (sec 1(61(4). 79 Stat. 644: 40 U.S.C. es0f 6)10). N)18- aepeale6 Dececp1ac C 4. 1. ' 1969. and 1a8or standas L C rdsnora tn sec. 1 -1431 of the Dlltr.ct of 660=b)& 66066). 58. Model Secondary School for the Deaf Act (sec. 4. 00 Star- 1027. Pub. L 38.494. Cut not In the Milted States Code). 59. Dclaww- silver Blain Coeoact (see. 15.1. 75 5Ut. 714. Pub. L 97 -3281 (coned. erect 1 statute for 9ur00365 of the p109 but not to the United States Code). 60. E.-1[17Y Security Act (sec. (73(c). Pub. L 96.294. 94 SEAL 611: 42 11.5.C. 8701 cote). Da(r.:7. of Columbia" means the _Itertr.0. remodeling. installation. C.r. ::e, States. the District of Colum (where aporoPriate on the site of the b;a, and all executive departments. ln• or of items fabricated off-site. c epender.: establishments. admuastra• Painting a.•1d decorating. the trans - cive agencies. and instrumentalities of por.ing of materials and supplies to or the United Slates and of cite District from the building or work by the em. of Columbia. ihctudtng corporations. ployees of the construction contractor all or substantially all of the stock of or construction subcontractor. and the which is beneficially owned by the manufacturing or furnishing of mace. United States. by the foregoing de- r.als. articles. supplies or equipment Carmenu. estabtlahments. agencies. on under the e of United the building 06 work k Act u i str:mentalities. and Including non- of 1937 and Housing Act of 1919. appropriated fund Insurnentalltles. • in the construction Or development 01 (h) The term "contract" means any the project). by Pena= em0loyed by Prime contract which is subject w..ollY the contractor or subcontractor or in part to the labor standards prowl- (k) The term "public bulldlag" Or sons of any of the acts listed in 1 5.1 .•public work" includes building or and any subcontract, of anY tier there- work, the construction. prosecution. under. let under the prime contract. A completion. or repair of which. aJ de- State or local Government Ls not re• fined above, 1.1 carried on directly by garded as a contractor under statutes authority of or with funds of a Feder• providing loans. grants. or other Fed• al agency to serve the interest of the era( assistance in situations where eon- general public regardless of whether stn um:on is performed by its own em- title thereof is in a Federal agency. ployees. However. under statutes re. (1) The term "site of the work" is de• quinhg payment Of prevailing wages fined as follows: to all laborers and meehanlm ern- (1) The "site of the work" Is limited ;toyed on the assisted project. such as to the physical place or places where cite U.S. Housing Act of 1937. State the construction called for in the con• and local recipients of Federal -aid tract will remain when work on It his must pay these employees according been completed and, at discussed In to Davis -Bacon labor standards. Para¢:atoh (1)(2) of this section. other (1) The terms "building" or "work" adlaceht or nearby property used by generally include construction activity the contractor or subcontractor In as d1Sttrt¢uished from manufacturing such construction which can reason- furnishing of materials. or servicing ably be said to be Included In the 1 and maintenance work. The terms in. .. site". chide without limitation. buildings. (2) Except as provided In Daragrai h structures. and Improvements of all (1)(3) of this secu fabncacror. types* such as bridges. da.^ts. Plants. Plants. mobile factories. batch plants. hlghways. parkways. streets. subways. (b) Part 1 of this subtitle Contains the Department's procedural riles governing requests for wage determi- nations and the issuance and use of such wage determinations under the Davis-Bacon Act and its related scat• liter 3.1 listed in that part. 0 5.2 Definition& . (a) The terra "Secretary" includes the Under Secretary Labor. for Employment Standards. and their authorized repre- sentatives. tun -,eta, sewers. mafies. Dowry lines. Yards. etc., are part at the site o[ the_. Os) The tern ' LOF 01 ci 1112 a ge and Pump:cur s means the Adnurnst of the W 31.4181011.S. heavy generator. wort provided they are a s it e o ex- railways. airports. terminals. docks. elusively. or near!) so. to performance Ad Division. istr a i . U.S. D ept item of ten. wharves. way?. lighthouses. of the contr act or project. and are so Administration. aeon. zed buoys. jetties. breakwaters. levees. to Department of uted in proximity to the actual con - Labor. or 6.80 (zed representative. Ca: als. dredging shoring. rehabilita• structon location that I6. would be 011' (c) The Cer75a "Federal agency" eon and reactivation of plants. scat• sonable to include their_ means the agency or afLSCr11160 folding. drilling, blasting. excavating. (3) Hot included 1n the "site a cite the contract or provides assistance a[ the Untied States which enters into ean^.¢ and Landscaping. The manta- work' are permanent home offices. 6.206 cl facture or furnishing of materials. ar• con- insurance. plant establishments. fabric through loan. grant. loan gu p601 or tides. supplies or equipment (whether Lion plants. and tool yards of a con - suranee, or otheranae t0 the project or not a Federal or State agency ac- subject to a statute listed In S 5.1. quires attic to such l ck atertals, articles. tractor or subcontractor whose Voce: thins and n 1 continuance I operation are td) The ter= "Agency Head' means supplies. or equipment during the determined wholly without 672 71 regard to a the principal official of the Federal 170U252 of the manufacture or furnish. particular Federal or federally assisted and includes those persott Iris. )g, or owns the materials from which contrac, ° f proles In additidn..labn- duly auttor.: ed t0 act in the behalf of they are manufactured Or furnished) cation plane. batch Dlancs. oorr°u' the Agency Head !s not 1 "building" or "work" within Pats. i0b headquarters. tool yards. etc.. (ej The term "Contracting Officer" the meaning of the regulations in this of a commercial supplier or material. means the individual. 1 duly appointed part unless conducted In connection !ilia which are established by a supDli• successor, or authorized representative with and at the site Of such a building er of materials for the project before who 1s designated and authorized to or work u Is described In the forego- the work ", even where 0 1 of pening oe bids and roc on the projere enter into contracts on behal of the mg sentence. or under th op r United ae. are :cot included in tit -' roi o1 Federal 6.271 States Housing Act of 1937 and the as the ), n Such udene th pr 5(6.2 f (f) The 2 te.r "labor standards" Housing Art of 1949 in the construe• lY eor . Su ri pe not l par - used (f• this part [nears the require- tlOn or development develdevelopment of the 960120L n[e menu of the DaDavis-Bacon Act. t 1)) :'he tern's -construction". "pres• cite ap pf the ' " 01 for a prriod of 1(.24. Contract Work Hours and b e - et)* 02•3Li0n" "completion". or "repair' Ior13 for 920)0 n' r or S tandards Act (ocher than. those relat• mean all woes of work done on a par- may a nearly so. co the red a oancr a Con- y. or Mg to safety and health). the Cope- titular building or work at the sue Ct. land Act, and the pr wage prn• cl ereOl (Or. under the United States tR ( m) The terns 'laborer" or "mee.`.an- vtmotu 01 the acne: sututl listed to Housing Act of 1937 and the Housing :e - The a( ingot chose workers 1 5.1. and the regulations In Parts 1 Act of 1949). all a done in the eon. ),no sr i are manual 10 a 'a'o cal in and 3 of tries subtitle and this part. strietlnn or devrlopmer..t of the nature t ies ar e those r phys1 who (41 The term "Cnited States or the :Mier:. including ),1[170)1: lim(tctior.. use tool: ur whit arr 92761(nlmC :hr borrow pits. Job headquarters. tool 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � . 1 5.2 (m) . 'r:ngr '.: er..eflts '^ lasur_rS and r..tc "__ e.'.:. ` .�, 1 ._ .. ...n�(, 1('.:P a: .._. work of a l made•. r � al . mate t e r .- `:an:cs pursuant to an r arc rani( of pa5`.n. ' - :' It rates not ie`s bo rmental r neen aerlal. The tenant: e rr corm. - •fitment to carry out a .inar.ra' :Y ne _, ! aC7- borer" o ine,s . 5 inrid r. apps wh3C:3 term :n1(' :an :f : rescorsible plan of ;rogram, _•,_ . a: :;cne� "e•etO and -ode :ices. c traciPS. Subject .and. In C Contract as Com.T.u.r..icai.ed i� +•ritl to the :a- °• �.. ^, _cQSra:e35 of a: d coe 1(C • of rantrua sub al the to borers and mechafllr3 affected. The sot: `ere Act. ?lours c 83 and Safety Standards Cu11 re:at:^:snip wr.lon may be llleges wiC aPP Of guards. The terse D alga aC fl is enumerated 1.1 de in t the t 1(e00 the contractor and Act. medical o exist 5e. .. dues not +pry w worxea whose hospital can Arc include marled °t rich la 00ers cage h costs reason- duties are pr:m�19 administrative. hospital care. Perslors on retirement sccr..a__. _rs and mechanics. or employed rather than illness l resulmine • fro t m occupy post 01 • ably an 1(0133 e1( for bona fide frtr.Qe manual. Persons executive. a employed In a Nora Lrtty. or insurance to provide any of beheflis under section ((5)121 of the floe 5x[ calz ay:nlhls defined or paw- D i s-Bac 1 1.'e be half cf ) doe Sessional caauaY u deflneC In Part the foregoing; unemployment benefits: Davis-Bacon Ac: do behalf c1 laborers laborers rf this t are noc ed e be 3Ic 83 3u�U1�Ce. or i c y ide - ? u l.sur- ;aid to such :1_,.. _.. or mechan cs. mwh devote to mo an Working 0 p fore- lace: vacation or holiday pay; d s011ect to the provisions of ^�graila: men who 11100 more than 20 Percent (01(11(1^) of this 350 :100. 11.30. regular of [halt time b or r a workweek eek to 31 roan of ap or other p bona other a-= utiors made or costs incurred mechanic or laborer Curies. and who similar programs: • 13 do,not !cr more than a aeeklY Period (5ut do not meet the criteria of Par: 541. [tinge benefits. Frnge d by ocher are..labdrers and mechanics for the time so spent. tni'the tars apprentice and train• ee are defined as follows: 11) "Apprentice- means (l) a person employed and lydlvlduallY registered In 00 fide with p he U S. Depa.rc of f Labor. Employment and Training Administration. Bureau of Apprentice- ship and Training. or with a State to by AP- prenticeahits Agency recognized Bureau. Or (II) a person e first 90 days of probarloaary employment as an apprentice In such an apprentice• w ° ship program. n is not lndlvidually w 53-5.1 F teaen edl arse_. er include benefits u. re0re Federal. State, or local lam. (Q) The term "wage e e i n nation" 83cludes the origin. anY subsequent decisions modifying. super• sediag. correcting. or otherwise Chang• frig the provisions of the origami.' dee :- the wage de- sion- 'The termination shall 1o be O In accordance with Inc provisions of S 1.6 of this title. R (48 F 19541. Apr. 29. 1993. as amended et 49 FR S0313. Nov. 1, 19831 net less otter. than quarterly, urn plrs. r_rda. or p.•og 3103 which cover the rt paicular weekly period. are deemed w be tors :rsotive1Y made or tr.cirred during such weekly penoe. Such laborers and _mechanics shall be Paid the appropriate wage rate and fringe ber..eftt5 on the wage dctermlha :ion for the classification Of work a tu- ally performed. without regard to ski: . except .5 provided in 15.51a)(4). La- borers or :mechanics performing work. In more than one classification may he cromPersaced at the rate specified for each CSS3OIficSLlon for the time actual- ly worked therein: Provided. That Inc l0y 'el . 's payroll records accurately' I `•°" registered in Inc program.. but ha been certified by the 11 g or of • 5.5 C set Sol :h the time spent In each elassa- on1aet provisions and related mei• '•C 1011 I which olor (pars performed- 51110 pate a 'Agency 11 a • tors The wage deterraina ( including Stare riatel to be el ible Agency (where tai The Agency us head shall cause or any additional classification and wage aotairy atel to be eligible for probes• rites conformed under 5armera :n tl (2) " rmploym a as an apprentice in fell in .n any m ',1:(1)(11/ of this section) and the (2) "cad receiving means t person reins. of s3.000 which 11 entered into for the = avts.Suon ,V33:01 (tt'H - 17:1) 5n311 tared lad cevt83 occupation training under 1 Cttoa. altaatido and/or Se posted at all tunes by the contra:- Program a Cprys o s been under a actual incltld111g painting and deo:nat• :or and its subcontractors at the site ad hlth Was been approved 0 1 832. meals. building o p ublic of the work in a prominent and acres- Labor. Employment and advance by the V.S. d Training 0f lob Ad• work. or of a PldinC g or wort liaaaasd in cable place where It 0111 be easily seen. man s standards ang whale K in 11( part pats from potJtryl funds or 5Y the W 01x0[3. tor rl•on-ti-lo e-jo u meeting its o trilrini programs and. in aLCarltaaee with guarantees of a Iii>tAI The contracting officer sha which Irons funds redid. a that any class of laborers ^- agency or nrianeed Admi his been so e�:fled by trial wed by pledge contract of mechanics whica -3 not laced in the A (3) T ede pr a Federal agency to realm loan. grant wage determination and which is to be (3) nuc provisions do not 3DDly w pIOyed 071 p o and or i ff e r . moaning I s (except ly tndl• classified in conform conformance with th shall he where employed e played on rolecs subpar (001 1.0 w 23 23 U.S.C. .C. atd[C>�tn atd eanleh to the wage de10r301130' ' — contracting wh ich have been cents subject 1 h addltaorsl 113 who are enrolled In P S pevertaaoa of one 01 officer shal anPra'e an which Sy the he ec rd • labor atan 1(s In 1 5.1. the following Cassillat :on and + rate and fringe ratify of 23 U.S.C. 11310). In accord• the acts listed ante with 21 US.. 11310). clauses (or any modifications thereof benefits therefor aniY.when the .o :- (o) Every peraoD performing the 10 meet the p1particular hy such 3 of ices- lowing tiT..eter.1 have 1001. by the duties of a laborer or mechanl0 In Inc agency. Pro ested u not per farmed by a classification in :he wage 03' repair on. prosecution. ublicb building or public fiat.( are first approved by the Depart- formed a . rest. or repair bf l public 0 work g financed pudic men) of 11b°r): e1( or lab (J The a ication is utilized i^ work. or building 1(r work grant . or and mechanics em: o• e ) All laborers determination: (5) The i and whole in par by [bans. grin em 10 ployed - regardless of any States contrac• the United Stet a HousingkActrof under the 1917 and area by the coas[ruc :on industry: bona ed file fringe . ircu e � benefits. coal relationship i!Ieged to exasc be• or order the HOUS1ng Act of 1949 in Ili The propose wage agG cater Ic.:. (wean the contractor and such person. the coratniction or development cf any .o. -a• 11 00 siege ^ s . ;p) The term -wages- /..ears Inc the protect will be paid unconditiom crar1 3. reasonaci. relationship t0 117) Irrevocably bate a! Pay: a1y ntra for 8119' eek acrd withouto�130eeuent deduct .ermiratior:. (lay's co n ac t to made by 1 contractor a ccount 1050001 '9) If :.. ^.e coo :'1(e•: r lad :ne .abet. third 10 person r1( a trustee 1 a 0 11 :e a clan 1(r rebate ct any or e third D arson p pi 10 a bbra tide such rag llationsrissued by he Secrr• , ne and 3 30ii e cation. ` iif %noun:. 0) e1( G Copeland Ac: _rescr.•ar).es. 0:.e t::e contract :r.: (Hoge benefit fund. ptan• Or Diagram: red by � 1(r= or Inc rate of .pan ca the be contractor :2 F l.itar '.a - i the am0ur.t of .'.ter agree on : ^ ri amount 021 301 &DIY a subcontractor which may 5e feat a • 29 0 2 5 Par 7 ably an:IrtPUed m Orovldir.g aria fide wages and bons fide !torte benefits Inn , 1(:P raw , : : :cicCad : 1 ' Hated for fringe benefits where a•pro pr :ate• a report of the action taken shall be sent by the contracting officer to the Ad.^..lr.stratcr of the WaCe ap ed .our Divs:cn. Employment Standards Admihlstration. C.S. Department of Lacor. Washington. D.C. 20210. TYe Admir..istrator. or an authorizes resre• ser..tati e. r111 approve. modify. or Ms- a pprove every additional classtficaton action within 30 days of receipt and so advise the contracting officer Rr -Fill notify the contracting officer the 30 -day period that additional time is necessary. (C: Ih the event the contractor. the laborers or mechanics to be employed in the classification or their represent attves. and the contracting officer do not agrees 0Tl the proposed classifli on and wage rate (including the amount designated for fringe berefits. wrere approPrlate). the contracting shall officer eluding the views of t of all interested par• ties and the recommendation of the for for tofficer. ii n. The u• trator. or an authorized repr et ta• [Ave. will issue a deter:T=auon w 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30.daY 410100al time is neces- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.5 (a)( peno nary. (D) The wage rate (including fringe benefits where appropriate) deter - muted pursuant to subparagraors (1)08) or tC) of this paragraph. hall be paid to all workers performing tract fro classification under 0 (Irso day nwhich work Ls performed In the classification. (Iii) Whenever the minunum wage rate prescribed in the contract for a class of laborers or mechanics Includes - - - t expressed a fringe bene0 ....._•• — as an hourly rate. the contractor shall either pay the benefit as stated In the wage determination or shall paY an- other bona fide fringe hourly cash equivalent thereof. r an (iv) II the contractor does not make rustee or other thud pa) 'mer. Person. the contractor may consider as part of the wages of any laborer or mechanic the amount Of any costs sonably anuclpatd In providing bona fide fringe beneflta under a plan or progTa.m. Provided That the Sec.'e- tary of Labor has found. upon he written request of the contractor. that the applicable standards of the Davis - Bacon Act hare been met. The Secre- tary of Labor may require the eontr'ac• for to set aside in a separate account assets for the mee000 of obligations under the plan or program. Withhofdrn4. The (write in narr.0 of Federal Agency or the loan or var.: recipient) shall upon its own action or upon written request of an authoraed representative of the Depan0er..t of Labor withhold or cause to he wlta• held from the contractor under this contract or any other Federal contract with the same prime contractor. or r..lemtic•ass(svd ..count, sublet. to Davu•Bacon ;7T,'111100 •wane requiremen.t5. which :5 0e the same prime contractor. so much of :he accrued payments or advances as n:ay be considered necessary to pay la- borers and mechanics. including ay. prentices. trances. and helpers. ern - ployed by the contractor or any sub- contractor the full amount of wages required by the contract. In the event of failure to paY any laborer or me- charac. Including any apprentice. tra nee. or helper. employed or work- ing on the site of the work (or under he United States Housing Act of 1937 or under the Housing Act of 1949 In the construction or develop =eat of the project). all or part of the wages redutred by the contract. the (Agency) may. after written notice to the con- tractor. sponsor. applicant. or owner. take such action u may be necessary to cause the suspension of any further payment. advance. Or gu111110ee of funds until such violations have ceased. (3) Payrolls and basic records. (1) Payrolls shall be , maintained b relating he contractor during the course of the work and preserved for period of three years thereafter for all laborers and mechanic working at the site of the work (or under the United States Housing Act 193 . or u Housing Act of the caravan- non or development of the project). Such records shall contain the name. address. and social security number of each classificcatldn. worker, e hourly rates of wages Paid (Including rates of contributions Or CO= anticipated for bona fide fringe benefits or cash equivalents thereof of the types described In sec- tion 1(9)(2)(8 of he Davis-Bacon c.), dally and weekly number of hours worked. deductions made and reran el1.abor has Whenever under 29 CFR 5.5(a)(1Xly) that the wages of my laborer or mechanic Include the amount of any casts reasonably IntlCl- Paled in providing benefits under a al: payrolls to the , write in name of appropriate Federal agency if the agency Is a party to the contract. but if :he agents is not such a party. tae 0100 :actor will submit the payrolls to the applicant. sponsor. or owner. as the ease may be. for transmission to the (write in name of agency). The payrolls submttted shall set out accu- rately and completely all of the infor• matlon required to be maintained under 15.5(3)(3)(1) of Regulations. 29 CFR. Pan 5. This Information may be submitted Ln any form desired. Option- al Form WE-347 is available for this Purpose he F Superintendent 01 Documents (Federal Stock Number 029 -005- 00014-1). U.S. Government Printing Office. Washington. D.C. 20402.The prime contractor is responsible for the submission of collies of payrolls 0y all subcontractors - 18) Each payroll submitted shall be urompanled by a - Statement of Com- pliance." alined by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persona employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information re- quired tb be maintained under j 5.5(aX3X1) of Regulations. 29 CFR Part 5 and that such Information 1s • correet and complete: (2) That each laborer or mechanic (i each helper. ap9ren0100. and trainee) employed on the contract during the payroll penod has been paid the full weekly %aga earned. without rebate. either directly or Indi- rectly. and that no :deductions have • been made either directly or indirectly from the full wages earned. other than Permissible deduction u set forth in Regulations. 29 CFR Part 3: (3) That each laborer or mechanic has been paid not less than the appa cable wage rata and fringe benefits or cash qu10_ for the classification of work performed. u specified in the applicable wage determination incor- porated into the contract The weekly submission of a Plan or program described In aee:lon 119X21(8) of the Davis -Bacon Act. the properly executed certification set contractor shall maintain records forth 0n the reverse side of Optional which show that the commitment to Form WH-34 shall satisfy the re- of the that Provide the e Dsuch or program s is[f enforceable. - Statement for web- required r eap o th and d that th responsible. . and that the plan or pro- by paragraph (a)(3)111)3) of this sec• gram has been communicated in writ- [ion. v of the ing to the laborers or mechanics af• (Dl The falsification of any tected. and records which show the above certlllcation mil' subject the costs anticipated or the actual cast In• contractor or subcontractor to civil or coned In providing such benefits. Con• crminal prosecution under Section tractors employing apprentices or 1001 cf Title 10 and Section 231 of trainees under approved programs Title 31 of the united States Cade. snail maintain ''rotten evidence of the ; iii1 The contractor or subcontractor registration of apprenticeship pro- shall make the records required under grans and certification of trainee pro- paragraph (1)(3)(1) of this section grains. the registration of the *Doren- available for Inspection. copying. or cues age rates 0rescrsbed ntthe ratios and [axle ;t o t he (1writeh0ee name represent- e of the programs. agency or the Department of Moor. ■llnA) The contractor sh suIim and ls permit such representakn rig during +_es11Y for ^ =}c' a'. ^ r^rd 1 coot 01 ',nur on the too. If the contractor nr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 5 5.5 (a)(3)(iii) subcontractor lads to submit the re• aimed records or to :Hake them. acall• axle. the Federal agency may. after written name to the contractor. spun - 50r. applicant. or owner. take sucn action as may be necessary' to cause ehe suspension of any further pay• Rem. advance. or guarantee of funds. Furthermore. failure to submit the re• owed records upon request or to make such records available may be grounds for debarment action pursu• ant co 29 CFR 5.12. (4) A9prennce3 end trainees—U Ap• prenttdes. Apprentices will be seems Led to work at less than the pred_eter- mtned race for the work they per. formed when they are employed pur- suant. to and individually registered m 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 !s employed In his ar her first 90 days of probationary employment as an apprentice in such an apprenticeship program. who is not Individually registered In the program. but who has been certified by the Bureau of Apprenticeship and Train- ing or a State Apprenticeship Agency (where appropriate: to be eligible for Probationary employment as an ap- prentice. The allowable ratio of ap- prentices to journeymen on the Job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on 1 payroll at an apprentice wage rate. who is not reins. tered or otherwise employed u stated above, shall be paid not less than the applicable wage rate on the wage de- termination for the clasaiflntton of work actually performed. In addition. any apprentice performing work on the Job site In excess of the ratio per mitred under the registered program shall be paid not leas than the applles- ble wage race on the wage determina- tion far the work actually performed. Where a contractor is performing con. struttlan on 1 project in a lac .1137 other than that in which Its program is registered the ratios and wage rates (expressed in percentages of the jour• neyman's hourly rate) specified in the cortractor's or subcontractor's regis- tered program shall be observed. Every apprentice must be paid at rich less than the rate specified in the reg• stered program for the aapret)tice's level of 01001053. expressed IS a per- centage of the :ouneymen hourly rate specified in the applicable wage deter. =nation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro• gram. U the apprenticeshtp program does not specify fringe benefits. 00. prentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable ca• siflcat :on. 11 the Administrator deter. mines that a 1..':event practice ore. 00113 for the applicable apprentice classtficatior.. fr:r.ges shall be paid :h accordance with that determination. In the event the Bureau of Appren- ticeship and Training. or a State Ap• prentice5hlo Agency recognized by the Bureau. withdraws approval of an au- prenticeshlp program. the contractor will no longer be permitted co utilize apprentices at less than the applicable Predetermined race for the work per- formed until an acceptable program is approved. till Trainees. Except as provided In 29 CFR 5.16. trainees will not be per- mitted to work at less than the prede- termined race for the work performed unless they are employed pursuant to and Individually registered in a pre- gram which has received prior approv. al. evidenced by formal certification by the U.S. Demartment of Labor. Em- ployment and Tralreng Administra- tion. The ratio of trained to Journey- men on the Job site shall not be great- er than permitted under the plan ap- proved by the Employment and Train- ing Administration. Every trainee moat be paid at not less than the rate specified in the approved program for the trainee's level of progress. ex. pressed as a percentage of the lour• Heyman hourly rate apedfled in the ailpiitmtble wage determination. Train. ees shall be paid fringe benefits yn ac. c 1013300 with the provisions of the trainee program. If the trainee pro- gram does np. mention fringe benefits. trained shall be paid the full amount of fringe benefits listed on the wage determination unless the Ali intstrz• for of the Wage and Sour Division de- termines that there Is an apprentice- ship program associated with the cor- responding Journeyman wage rate on the wage datermmatlOn which pro- vides for less than full fringe benefits for apprentices. Any employee listed an the payroll at a trainee rate who Is not registered and participating in a training plan approved by the Eosplpy men[ and Training Adminlstritloa shall be paid not less than the applies• ble wage rate on the wage determina- tion for the classification of work actu- ally performed. In addition. any train- ee performing wark on the lab site (n excess of the ratio permitted under the registered program shall be paid not less than the applicable wage race on the wage determination for the work actually performed In the event the Employment and Training Admin. s6112)0n withdraws approval of a training program. the contractor will no longer be permitted to utilize train- ees at less than the applicable prede- termined rate for the work performed until an acceptable program 1s ap- proved. ((11) Equal employment 099ortunt/y. The utilization of apprentices. trainees and Journeymen under this part shall be to conformity with the equal em• Plo)ment opportunity requirements Of Executive Order 11246. as amended. and 29 CFR Part 10- 91 )5: Corn.-! :Cnce _:o Caoe Ac: rte :,amen :I. *,e 1.....233 :r 11.: contoly - the te0330raer. :3 of CFR Par: 3. v:h :eh a :0 by 10101•131? ::. this contract. (6) Subcontract: T'.:e con :. . :or or subcontractor s::1:: insert in any 1::0• contracts 4.h0 0)31.ses amta:.en . 29 CFR 5.5(01 (I) :.`.:tug.". (10) and such other clauses as the (1 in the name of the Federal agency) may by aoprc- priate tr- strictiorls require. and also a clause mot:Ir a the Subcontractors to Include these clauses in 'any toner •:er subcontracts. The prime c tract :::r shall be responsible for the cc —•!i• a_.ce by any (04313tr3ct53 or lower :ter subeon : - :or with all the cc::- tract clauses in 29 COP 5.5. (7) Contract ;ern :nohon: debar- ment A Urraeh of the cent :ac: clauses in 29 CFR 5.5 may be gr ounds for ter- mination of the contact. and for de- barment as a contractor and a subcon- tractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act re0Ytrementr. All rul- ings and Irlceniretatlons of the Davis- Bacon and Related Acts contained In 29 CFR Pars 1. 3. and 5 are herein in• corpomted by reference in this con - tract (9) Disputes eoneernm0 labor stand- ards. Disputes arising Out of the labor standards provisions of this contract shall not be subject w the general Ms. mutes clause of this contract. Such dis- putes shall be resolved In accordance with the procedures of the Depar.- meat of Labor sec forth in 29 C_e'R Parts 5. 6. and 7. Disputes within the meaning of chi clause include ds- pute3 between the contractor (or arly of its subcontractors) and the con- tracting agency. the U.S. Depar 35ent of Labor. or the employees or their representatives. (10) Certification of eliplOSlily. (I) By enter21g Into this contract. the contractor certifies that neither it (nor he or she) nor any Dersan or fir^ who has an Interest in the contractor's firm is a person or ft.^n ineligible to le awarded Government contras by virtue of section 3(a) of the Davta- Bacon Act or 29 C7'9. 5.121a)(1). (11) Ho part of this Contract shall be subcontracted to any person or firer ineligible for award of a Government contract by nr:ie of section 3(1) of the Dat Bacor. Act or 29 CFP. 5.12(1)(1). (lit) The penalty for making false statements is prescribed in the U.S. Cnminal Code. 16 U.S.C. 3001. Contract Work Hours and Se.'er/ S:dnderds Act The 11000cy Head snail cause or recu:re the cant :ma :(rag of :i• cc: to insert the following 31au.ses sec forth in p0ra.'3phs tb)t : :. (2:. (3). and 4) of this section to full in any con- tract subject to the overt:roe prot stons Of the Ccntract Worx Hours and Safety Stand3:ds Act. These 01aoses Ina.) be inserted in anal ::on to the c lauses moutrrd by `: 5 511! or t 4.5 of P213 4 of tn:: ::tie. Al u>t'd :n :.`.is 4 5.5 (b) arazr,p ` h. • e terms 'laborers" and ~mec.^.an:cs - include watchmen and guards. 1.1 Over :fine requirements. VO con• tractor or subcontractor contraC )0 'or any ;1:: of the conract ,, ;0a7 require or ir.votce t.`.e em• rAurment of laborers or mechanics shall require or permit any such labor- ' or mechanic in any workweek in wn1Cn he or she is employed On such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one•half :Imes the taste rate of pay for all .`.ours worked in excess of fort hours ir. such workweek. (2) Violation: fiabt(ity for unpaid crapes: liquidated damages. In the event of any violation of the clause set forth in„aragraph (bill) of this sec. 1:on the contractor and ant' subcon- tractor responsible therefor shall be liable for the unpaid wages. In adds. 11oi1. such contactor and subcontrae• tor shall he 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 corn- routed with respect to each individual laborer or mechanla including watch• men and guards. employed in violation of the clause set forth In paragraph (0011 of 1)110 section. in the sum or S10 for each calendar day on which such individual was required or permitted to work to excess of the a t ux a r workweek of forty hou ment of the overtime wages required by the clause set forth in paragraph - (0)(11 of this Scotian. (3) Wi/Molding /or unpaid wages and liquidated damages. The lwnte in the r.arne of the Federal agency or the loan or grant recipient) shall upon its own action or 1.117011 written request of an au[hor_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 m y other sae pane contractor. the Contract Work Hours =threat and Safety the Contract 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 contract• for or subcor.traet0r for unpaid wages ar.d liquidated damages as provided in 11e clause set forth in caratmon (51(2) Of the sect0On. •4) Subcont :cis. The cbr.tractar Or subcontractor shall insert in any sub- contracts 1.110 clauses set forth in para- graph (b I(I) through (4) of this sec• non and also a clause requiring the subcontractors to include these clauses in any lower tier succontraes. The ;mane contramor shall be responsible for compliance by any subcontractor or lower tier subcontractor wish the clauses set forth to paragraphs (Olt l) through 1 4) of this section. (c) In addition to the clauses con- tained in paragraph (bi. in any con- tract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited In 1 5.1. the Agency Head shall cause or require the contraatlg offi- cer to Insert a clause requiring that the contractor or subcontractor than maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and me- chanics. 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 Insert in any such contract a clause providing that the records to be main• tamed under this paragraiin shall be made available by the contractor or subcontractor for inspection. eopYing. or transcription by authorized repre- senLativea Of the (write the name of agency) and the Department of Labor. and the contractor• or subcontractor will permit such repremeatativea 10 interview employees during working hours on the lob. (The Information collection. recordk0Dtne. 8.110 reposing requirements contained mute IOdowmg paragracau of this section were approved by on Office of Management and Budget: 11NnI.Na) 1001(60 1•( (15310 Pupae. UN31(W1 — 001 Cawe humane 1115 -0115 1111 -01 1311-01 •315-0115. 1 118-05 17 311-01Y ow 1 .wvd• Cava . Mnv 1110 -0115. . ---- 121 - 50 17 148 FP. 19540. Apr. 29. 1967. as amended at S1 FR 12765. Apr. 9. 19661 9 5.6 Enforcement- (1)(1 1 It shall be the responsibility 0: the Federal agency to =certain whether the clauses required by S 5.5 have been inserted in the contracts subject to the labor standards prov- siens of the Acts contained 171 15.1 Agencies which do not directly enter into such contracts shall promulgate the necessary regulations or proce- dures to require the recipient of the Federal assistance to In=ert in its con- tracts the provisions of t 5.5. No pay• merit. advance. grant. loan. or guaran- tee Of funbs3haU'.11e approved by the Federal agency un)rss the accr.cy :r sures that the clauses required by ' 5.3 and the appropriate wage determir.a• tlon of the Secretary of Labor are con- tained in such contracts. Fur:her:nor?. no payment. 0001Itce. grant. io0)1. or b guarantee y tile Federal agcy after th teeth- nine of construction unless there is on file with the agency a certification by the contractor that the contractor and Is subcontractors have complied with the provisions of 15.5 or unless there Ls on file with the agency a certifica- tion by the contractor that there is a substantial dispute with respect to the required prVVtstons. (2) Payroll: and Statemens of Com- pliance submitted pursuant to 15.5(a)(3)(111 shall be preserved by the Federal agency for a penad of 3 years from the dateyf completion of the 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 investigations to be made as may be necessary to assure compliance Witt the labor standards clauses re• qunred by 1 5.5 and the applicable stat- utes listed In 1L1. Investigations snail be made of ail contracts with such fre- quency as may be aeeessa07 to assure Compliance. Such Investiga shall Include interviews with employees. which shall be taken In confidence. and examinations of payroll data and • evidence of registration and certifica- tion with respect to apprenticeship and training plans. In making such ex- aminations. particular care shall be taken to determine the correctness of classifications and to determine whether there h a disproportionate employment of laborers and of ato• prentices or trainees registered In 1p• proved programs. Such investigations shall also include evidence of lunge benefit plans and payments thereon. der. Complaints of alleged violations shall be given priority. (4) In accordance with normal oper- ating procedures• the contracting agency may be furnished various in- vestigatory material from the investi- gation tiles of the Department of Labor. None of the material. other than computations of back wages and liquidated damages and the summary of back wages due. may be disclosed in any mariner to anyone other than Federal officials charged with admin. Louring the contract or program pro - viding Federal assistance to the con- tract. without requesting the permis- sion sad views of the Department of Labor. (51 It is the 3011cy of the Depart- ment of Labor to protect the Identity of its confidential sources and to pre• vent an unwarranted mt'aston of per- sonal pavans. Accordingly. the Identi• • ty Of an employee who snakes a writ- ten Or oral statement as 1 Complaint or in the course of an investigation. as well as portions of the statement which would reveal the r1DlOyer• s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 5.6 (a)(5) m an ne r, to al :not be discloses anyone other than Federal :umce.r o) • rkc rs who received rest manner t. other Cha damages U•e em o yee. the prior ccrsea: of under the Contract Work Hous and tie employee. Disclosure of employee sit :e ^• ^• Safety StanQarlL Act. corrective =eas- snall be governed by toe p:ocslens of uses taken (such as "letters of :he - Freedom of Lr_format :on Act (5 notice and any information that C.S.C. 552. see 29 CFTC Part 70) ar.d may be necessary to review any retort - the privacy Act of 1971" (5 C.S•C• ac in nl adjust. for an appropriate 552 under 55211) ment liquidated damages . 1 5.8. tb! The Administrator shall cause (2) Where underpayments by a con - be made such investigations ls deemed ed subcontractor or subconter oral 51.000 necessary. In order co obtain co=ol!- or mare. or where_10010 reason to ante with the labor standards 10 P red believe that the violations are aggra- si0ns of the applicable reject 310ts tared vated or willful (or. in the case of the m 1 5.1. or to affirm or :ejec the ter Davis -Bacon Act. that the contractor omme eb000t labor s b the standards read has disregarded Its obligations to ern. wish respect to l standards cat• ployees and subcontractors!. the Fed - trs arising under the statutes listed n efal agency shall furnish within 6 0 1'5..1. Federal agencies. cont.-actors, days alter completion of its investi¢a- _ suoJontrac:ors. sponsors. applicants. [Ion. a detailed enforcement report to or ow t'ten shall cooperate with any au- the Ada in(tnor. thorized representative of the Depart- (b) Semi-annual enforcement re- meat of Labor In the ir3pectfon of ports. To assist the Secretary In fulfill records. in interviews with workers. ing the responsibillties'under Reorga- and to all other aspects of the lnvestt• mutton nth No. 14 of 1950. Federal cations. The findings of such an roves- agencies 311111 furnish to the Admins• Ligation. fnciudL amounts found due. tracer by April 30 and October 31 of may not be altered or reduced without each calendar year sernt•annual re- the approval of the Department of ports on compliance with and enforce- Labor. Where the underpayments ds• meat of the Labor standards provisions closed by such an Investigation oral of the Davis -Bacon Act and Its related 51.000 or more. where there Is reason acts covering the periods of October 1 to believe that the violations are lg. through march 31 and April 1 through gravated or willful (or. in the ease of September 30. respectively. Such re• the Davi3 -Bacon Act. that the canine- Porto shall be prepared in the =saner Is incorrect or that the contactor or tor has disregarded its obligations to presajbed o memoranda issued to subcontractor violated inadvertently employees and subcontractors). or Federal agencies by the Administrator. the provisions of the Act nolw)th• where liquidated damages may be as- This report has been cleared in accord- standing the exercise of due care upon sewed under the Contract Work Hours ante with PPM. tl 101 -11.11 and as- the part of the contractor or subeon- and Safety Standards Act. the Depart- sighed lhtera¢enc7 report control tractor involved. and the amount of number 1482- IDOLSA. the liquidated damages computed for gency an enfrcernea[si report detail- [sll- <el Additional information. Upon re the contract is N excess of 5500. the quest. the Agency Head shall transmit Agency Head may make recornmenda ing the labor standards i investigation violations ds- o the Administrator closed by the Investl¢atlon and any aut:h IrlforrnlUOn sons to the Secretary that an appro• action raven by the active contractor o eon• es available to the Agency with respect pnate adjustment !n m liquidated da• red: the violative practices. including to contractors and subcontractors. aces be trade or that the contactor or any payment of back wages. In ether their contracts. and the nature of the subcontractor be relieved of 1)3501it1 circumstances. the Federal agency mil con11140 work al the Administrator far such with l i ids respect d maais.iidaced be turn)shed a letter o[ notification may find neosar7 for the perform• findings summarizing the findings of the Ines• once of his or her duties with respect damages shall Include findings war. o the labor standards provisions re- respect to any wage underpayments titration. to to in this part- for which the liquidated damages are (d) Contract termination. Where a determines contract Is terminated by reason of (b) The reeocurendators of the violations of the labor standards provi• Agency Head for adjustment or relief signs of the statute listed In 15.1. a from liquidated damages under para• report shall be submitted promptly to graph (a) of this section shall be re- ale Administrator and to the Comp - viewed by the Administrator or an au- troller General (11 the contract is sub- thorized representative who shall issue Net to the Davis-Bacon Alt). gitnn¢ an order concurring to the re^_om••nen- the name and address of the 000111 e- 0611003. partially concurring in the tor or subcontractor who30 right to recommendations. or rejecting the ree• name Proceed end address oterminated_ e contractor or for. The order shall be the final dee_ :- subcontractor. If any. 110 is 10 corn- non of the Department of Labor. Piece the work. the amount and unless 3 petition tor( review title. (1100 number of the contact. and the de- pursuant to Part anc sc ::pt :on of the work to be performed. Y00 Wage e ge Appeals h Cecsw n n and dis c : e: a 3.a Liquidated d•maees under the lion• or . • with respect to contracts sub)eet to tract Work Hours and S.fet! Stand• :he Service Contract Act. unless 0011• arch Act ;ten for review is filed pursuant to ta) The Contract Work Hours and Part 8 of this tale. 31a • Board sf Safety Standards Act requires [hoc la- Sr 1•.100 Contldc: A010313 " borers or mechanics shall be paid . :10 reviews such decision art: order. 1 5.7 Iceporia to the Secretary of Libor. (a) Enforcement reports. (1) Where underpayments by a Contractor or sub- contractor total less than 31.000. and 4nere there is no reason to beliieve that the violations are aggro a a.111:u1 (or. n the case of the Davts- Bacon Ace that the contractor Ills dis- regarded its obligations to employees and subcontractors). and where rest). Luton has been effected and future compliance assured. the Federal agency need not submit its investiga- tive findings and recommendations to the Admtr. :st:ator. unless the investi- gation WiS made at the request of the Department of Labor. In the latter caSe. the Federal agency hall su0mtt a (actual summary /coon detailing any violations ir.C.udmg any data on w ages at a :ate not less :r-- 31.0 zr.- cr.e•nal( times the :a,i1 1110 of pa' to all hour Wor000 :0 excess 0: for hours in any 'a'a :kal• "h. .n the of violation of :his provision. ^.e C00 one any stlbcor: : :ac or sr -" ] • :lame for the 1200311 wage, a-c :r 01 ▪ :uor, for licuidated damages. c ... ed with respect to each laborer or :me- chanic employed in violation of the Act in the amount of 510 for each cai- endar day in the work'w'eek. on whx' such individual was re :in :0d or per mated to work in excess of forty hour] without payment of re:ulred Over11. ^..e a-a¢es. AnY contractor of sutrr.trac tor aggrieved by the •withholdir g 0: liqu:dated damages shall have 101 ::gh1 to appeal to the head of the agency of the United States for territorf.o( District of Columbia_ as appropriate) for which the contract work was performed or for which fi- nancial assistance was provided. (b) Findings and recommendations 01 the Agency Head. The Agency Heae has the authority to review the admlr.- 1st :3tive determination of liqutdatec damages and to issue o final order 31. finning the determination. It is not necessary to seek the concurrence of the Administrator but the Admanstra- or shall be advised of the senor. taken. Whenever the Agency Head finds that tiv determined d to be due I 3 5.8 (d) ' (d: \Vhc1e• -rr the Agency H:ad fines that a sum of liquidated damage` ad. r..lrstr atively deternuned to be due uncer section. I04(a) of the Contract I 'NOrk Hours and Safety Standards Act or a contract is 5500 or less and the Agency Head finds that the sum of lic- u:date•'_ damages is incorrect or that the contractor or subcontractor 010151- , ed inadvertently the provisions of the Contract Work Hours and Safety Standards Act notwithstanding the ex- erese of due care upon the part of the I contractor or subcontractor Involved. an appropriate adjustment may be made in such liquidated damages or the• contractor or subcontractor may be relieved of liability for such Ilqui- ' dated damages without submitting rec- omnsendations to this effect or a repert to the Department of Labor. This delegation of authority Is made I under section . 105 of the Contract Work HOUrs and Safety Standards Ac: and has been found to be recessa..r; and proper in the public interest to ' prevent undue hardship and to avoid serious impairment of the conduct of Government business, N8 FR 19541. Apr. 29. 1983. as amenacd at S1 FR 1:763. Apr. 9. 1986: 51 FR 11196. Apr. 19861 6 1.9 Suspension of fund. In the event of failure or refusal of the contractor or any subcontractor to comply with the labor standards clauses contained In 15.5 and the ap. plicable statutes listed in 5 5.1. the Federal agency. upon Its own action or upon written request of an authorized representative of the Department of Labor. snail take such actions may be necessary to cause the suspension I of the payment. advance or guarantee of funds until such time 10 the viola. Dons are discontinued or until su(fi• clent funds are withheld to compen• I sate employees for the wages co which they are entitled and to cover any 1i0- utdated damages w•hielt may be due. b ;.lac Restitution. criminal action. .a) In cases other than those for• warded to the Attorney General of the Cn1ted States under paragraph (51. of this section. where violations of the I abcr standards clauses contained in 3 5.5 ora5 the applicable statutes listed In 15.1 result In underpayment of wages to employees. the Federal agency or an authorized represents• live of Inc Depar.-sent of Iaoor shall request that 1 t:tution be made 1.0 suer. employees ur or. their behalf to I plans. 5uhd5..11 programs for any type of :ona (heir fringe benefits within t.` meaning of section alb1(2) Of the Davis-Bacon Act. Us) In eases where the Agency Head I or the Adminlsrrator finds substantial ev :dence :hat such violations are w'111- f:1: and in ytulal tan of a :r :m:nal snot• ute. the Matter Shall be forwarded to 1 the Attorney General of the United Sikes for prosecution 11 the facts war. ra n:. :n all such 1..20 the Admir.is :ra- :or shall to Informed simultaneously of the action taken. 11-11 Dispute, cnncernmg payment 05 • a8t8. al This section sets forth the proce• Cure for resolution of•dlsputes of fac: or law concerning payment of prevail- ing wage rates. overtime pay, or proper classification. The procedures in this section may be Initiated upon the Adminstrator's own motion. upon referral of the dispute by a Federal agency pursuant to 5.51a59). or upon request of the contractor or su3Cdntract0rt5). (b)(1) In the event of a dispute de- sc ^bed In paragraph (31 05 this section in which it appears that relevant facts are at issue. the Administrator will notify the affected contractor and subcortractorts) Of anyl. by registered or certified mall to the last W.own ad• dress. of the Investigation findings. If the Administrator determines that there s reasonable cause to believe that the contractor and /or subcontractor(s) should also be subject to debarment under the Davis-Bacon Act or 1 Inc letter will so in- dicate. (2) A contractor and /or subcontrac• for desiring a hearing concerning the A nslnistrator'a investigative findings shall request such a hearing by letter postmarked within 30 days of the date of the Administrator's letter. The re. quest shall set forth those findings which are In dispute and the reasons therefor. including any affirmative de. ferses. alth respect to the violations ar.d/or debarment. u appropriate. (31 Upon receipt of a timely request for a hearing. the Administrator shall refer the case to the Chief Admtnistra• time taw Judge by Order of Reference. to which shall be attached a COPY of the letter from Inc Administrator and response thereto, for designation Of an Administrative Law Judge to conduct such hearings as may be necessary to resolve the disputed matters. The hearing shall be conducted In accord- ance with Inc procedures set forth In 29 CFR. Part 6. (c1(1) In the event of a dispute de. scribed in paragraph (al of this section In which it appears that there are no relevant facts at issue. and where there is not at that time reasonable cause to institute debarment Proceed - ings under 5 5.12. the Administrator shall notify the contractor and subcontractors) (11 any), by registered or certified mail to the last known ad- dress. a( the investigation findings. and shall issue a ruling on any Issues of law known to be in dispute. (211 1) If the contractor and: or subecntractor(s) disagree wan the fac- tual firdings of the Administrator or believe that there are relevant facts to dispute. the contractor or sucecntractor s) shall so 2C the Ads •tstiator Si )c9.4r :cc-marked within 30 days of Inc date of Inc Ad• mtr.:stralor s letter In the response. the contractor and /or subcontractor 5) shall explain In detail the facts allege ^_ to be in dispute and attach any supporting documentation. 111 Upon receipt of a response ur..der paragraph (c)(2 I) of this section al- leging the existence of a factual dis- pute. the Adnunistrator shall examine the information submitted. If the Ad- ministrator determines that there is a relevant issue of fact. the Admtnutra- for shall refer Inc case to the Chief Adrmnutrative Laa' Judge in accord- ance with paragraph (3)(3) of this sec- tion. If the Administrator determines that there is no relevant issue Of fact. the Adzfnistrator shall so rule and advise the contractor and Subcontractortsl llf any) accordingly. (31 If the Contractor and /or subcontractor(s) de.tre reuse*' of the ruling issued by. the AG'nlnstratOr under paragraph (ext.) or (2) of this section. the contractor and /or subcontractor(s) shall file a petition for review thereof with the Wage Ap• peals Board within 30 days of the date Of the ruling, with a copy thereof the Administrator. The petition for review shall be filed In accordance with Part 7 of this title. (d) If a timely response to the Ad. miniarzatora findings or ruling Le hot made or a timely petition for review is not filed the Administrator's flndlnes and /or ruling shall be final. except that with respect to debarment under the Davts•Bacon Act. the Administra- tor shall advise the Comptroller Gen• oral of the Administrator's recommen- dation in accordance with 1 5.12(1)(1). If a timely response or petition for review is filed. the findings and /or ruling of the Administrator shall be inoperative unless and until the deci- sion Is upheld by the Administrative Law Judge or the Wage Appeals Board. S 3.12 Debarment proceeding,. taxi) Whenever any contractor or subcontractor is found by the Secre- tary of Labor to be in aggravated or willful violation of the labor standards provisions of any of the applicable statutes listed In 15.1 other than the Davis-Bacon Att. such contractor or subcontractor or any firm. corpora- clots. partnership. or association in which such contractor or subcont:ac• for has a substantial interest snail be Inetigibte for a period not to exceed 3 years (from the date of publication by the Comptroller General of the name or names Of said contractor or subcon- tractor on the lnel(elbte list as provid- ed below) to receive any contracts or subcontracts sublet( to any of the statutes listed 111 1 5.1. (21 In cases arising under contracts covered by the Davis -Bacon Act. the Agm.nrstrator shall transmit to the Comptroller General the names Of the ._r. ::actors or subcontractors and ne:r responsible Officers. :f any .a1.0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 g 5.12 (a)(2) 1Udn. Ir. considering debar ment under ed ebi : ;1. ..or.s to e.^.tp(oyees and su0• the Davis-Baton Ac'. the Administ:a• ccr.tractCrs rr.der that Ac. arse I,r rive Law Judge shall issue a rccoc trier. that rib contact pna.: ec asvarz. r;endat :on as to v. the cor.::ac ed :0 - ans firm. corporation. par:'er• tor or subcr..traCtor should 5. de- shut. cr associat.or. in •rh:Ch such per barred under secttor. 3tat of the Act. sots or firms have ar. interest. Para- [2) Hearings under this sectton snail graph ta011 c( this secaor. situslar.1 be conducted In accordance wan 29 provides that for a period not to CFR ?art (3. If no hearing (s requested exceed three years f :orn date of pu5:(- wltnlh 30 days of receipt of the letter cauon on the Sr:eligibie list. no con. from the Administrator. the Ad = :rte- tract su5iect to any of the statutes trator's findings shall be final. except listed tat 1 5.1 snail be awarded toe any n- any ' n-.:3 in which the contractors or subcontractors are known to Lace an interest). wno have beer.. foun0 to !pave disreaardec their o0ligatior.s to e cpF gets. arid :ne .ec_m raerdatior. of t..e secretary of Lacor or author. iced representative regardlr.g debar - cent. The Comptroller General will distribute a list to all Feces) lgenC:eS giving the .names of such inelic:bte Person or firms. .)..no shall be ineligible to be awarded any contract or subcon• tract of the tr::ed 5[3.103 or the D1s- triet of Column:a and r. lcontract or su subtect to arils provisions of the statutes listed in 1 5.1. (bill) Ih addi::on to cases under which debarmeri action is Sri:tated ptlr,ulnt to 1 5.11. whenever as a -reatrtt'o( an invest:03110r conducted by the Federal agency or the Department of Labor. and where the Administrator finds reasonable cause to believe that a contractor or subcontractor has cons- mltted willful or aggravated vlolat(ors of the labor standards provisions of any of the statutes listed in 15.1 (other than the Davis-Bacon Act). or has committed violations of the Davis. Bacon Act which constitute 1 disre- gard Of Its obligations to e'bployees or subcontractors under section 3(a) thereof. he Administrator shall notifY by registered or cenlfled mail to the last known address. the contractor or subcontractor and its responsible offi- cers. if any (and any firms In which the contractor or subcontractor are known to h ave a substantial interest). of [he finding. The Administrator shall afford such contractor or submit- tractor and any other parties notified an opportunity for a hearing as to whether debarment action should be taken under paragraph (3.01) of this section or section 3(a) of the Davis• Bacon Act. The Administrator shall fur•):sh to those notified a susamary of the investigative findings. 11 the con tractor parties notlfled wash o request a hear• lag as to whether debarment action should be taken. such a request shall be made by letter postmarked within 30 days of the date of the letter from the findings 'weoch lte is dispute b and any reasons the reons therefor. including any af• firnative defenses to be raised. Upon receipt of such request for a hearing. the Administrator shall refer the case to the Chief Administrative Lao' Judge by Order of Reference. to which shall be attached a copy of the letter from the Adm :rotator and the response thereto. for destination of an Adminis- firm may petition for reales pursuant the request for a hearers. tratire law Judge to conduct such alt 1f cS is whin hearings u C) hearing requested wit may be necessary to deter- CFR Part 7. the tutee mentioned m par it mine he matters in dispute. In corsld- (dal) Section 3(a1 of the Davis- the tune a this section. the Ad• ering deourier..t under any of the Bacon Act provides that for a period c l )(B) of thi shall be (trial A id statutes listed in 1 5.1 other than the of three years from date of publication- the minu [r r l ()n snail l not the Davis-Bacon Ac:. :he Adnlnistrat :ve on the Ineligible ((31. contract l l n rms COmA[ roller General. If a hearing :s Law Judge shall issue an order con• be awarded to any persons a r lfins Of the Agrtiinis- cernie.g'•'nether the contractor or Su u recues b- placed on the list a result of a find• ilirg of t ta n less and eOntra aor is to oe tabor. ed :n attor_• into by the lions ptroIlehi General tarde tutor shall be 1n-::! the act a t ae Isx' :arise or ante with paragraph tan 11 of t his sec• such persons Or f ir1115 with respect to rernmmendatlors re gardlrlg debarment under the Davis - Bacon Act. as set forth In paragrapr• (a)(21 of this section. (01 Any person or firm debarred under 1 5.12( al( 11 may In writL ^g re- quest removal after sixmonths t om the date of pub- lication by the Comptroller General of such person or firm's [same on the in- be list. eligible should directed to the Administrator of the Wage and Hour Division. Employment Standards Administration. U.S. De- partment of tabor. Washington. D.C. 20210. and shall contain a full expla- nation of the reasons why such person or firm should be removed from the Ineligible Wt. In eases where the con• tractor or subcontractor failed to make full restitution to all underpald employees. a request for removal will not be considered WW1 such under? h_ contractor or suocontractor on . eligible list pursuant to that para- graph. or to "any fir-. corporation. parnersaab. or association in which such contractor or subcontractor 03s a - substantial interest." A (Lading as to whether persons or fins whose names appear on ineligible list have an interest (aria substantial interest. y appropriate) in any other firs. corpo- ration. partnership. or assoctattor.. may be made though investigation. hearing. or otherwise. (2)(1) The Administrator. on his /her own motion or after receipt of a re. quest for a determination pursuant to paragra0h (01(31 of this section may make a finding on the issue of interest for 5ubstent1a1 (Merest. as approprl• area till If the Administrator determines that there may be an interest for sub- stantial interest. as apGroprlate), but finds that there s insufficient eve- meats are made. In ........ -. ---- - - Administrator will examine he facts derive to render 1 ...•1a1 ru ling 1110)131.. and circumstances surrounding the the Administrator may refer the issue violative practices which caused the to the Chief Administrative Law Judge debarment. and issue a deeslon 1.1 to in accordance with paragraph (0x4) of whether or not such p0 or firm U f l g e t the Admit)tstr cot finds that has demanstrsted a cusren bility to comply with the labor stand• no interest (or substantial interest as arils provisions of the statutes listed to appropriate) exists. or that there o 1 5.1. and there fore should be removed not sufficient information to warrant from the ineligible list- Among the fac- tors to be considered in retching such a dedslon are the severity of the viola. 110n. the contractor or subcontrat- 1b0'3 attitude towards compliance. and the put compliance Maori of the firm. In no case %1I1 such removal be effected unless the Administrator the- termines after an investigation such person or firm is in comp =lance with the labor standards provisions 10- pil(able to Federal contracts and Fed- erally assisted construction work aut• lect to any of the applicable 312111101 listed In 1 5.1 and other labor statutes providing wage protection. such as the Service Contract Act. the Waist:- Healey Public Contracts Act and the Fair Labor Standards Act. II the re- quest for removal is denied the person the initiation of an lnvestigaubn• requesting party. if any. vdl be so no- tified and no further action taken. (Iv1(A) II the Administrator finds that an interest for substantial (nter- 031. u appropriate) exists. the person or firm affected will be notified of the Administrator's (lading (by certified mail to the last known address). writer. shall Include the reasons therefor. and 311011 person or fL0. sn311 be afforded an opportulaity t0 request that a near- ing be held to render a decision on the issue. (H) Such person or firm shall have 20 days Ions the date of the Adminis- trators rifling to request a hearing. A detailed statement of the reasons why the Administrator's ruling 5 in error. Including fats alleged to be (n dis- pute, if any snail be submitted with 5.12 (d)(2)(iv)(c) ^• .Cage Appeals Br,isrd issues an crd that there is an interest 'or sub• .3. 11 arcs :. as appropriate :. A request for a determination of ::aerett 0:• substantial interest. as :a; may be made by any in• ter =ate^, ;arty. includir.g cor.t:ac :ors or prospective contractors and 2330cia- ticrs of contractors represe^.tat :vets of employees. and interested Govern- ment agencies. Such a request shall be cubmtcted in writing to the Adminis- trator. Wage and Hour Division. Em- ploymer.t Standards Ad.-ministration. C.S. Department of labor. Washing- ton. D.C. 20210. :!u The request shall Include a state- ment setting forth in detail why the petitioner believes that a person or fi.-m whase..name appears on the de• barred bldg.= list has an interest (or a substantial interest. as appropriate) in any firm. corporation. parL or association which is seeking or has been awarded a contract of the United Staten or the District of Columbia. or which Is subject to any of the statutes listed in 9 5.1. No particular tors is prescribed for the submission of a re. quest under this section. 4) Referral to the Chle /Admiatura• lice Laic Judge. The Administrator. on his /her own motion under paragraph td)(20li) of this section or upon a re- quest for hearing where the Admir.ts- tratOr determines that relevant fats are in dispute. will by order refer the issue to the Chief Adntinstraclve Law Judge. for designation of an Adminis- trative law Judge who shall conduct such hearings as may be necessary to render a decsion solely on the issue of i r.terest to substantial Interest. as ap- propriate!. Such pr^Ceeding3 shall be conducted ir. accordance wit). the pro• ced_res set forth at 29 CFR Part 6. t5) Referral 10 the 'Wage 3ppeafd Spa^. the person or Lira affected requests a hearme and the Adminis- trator determines that relevant facts are not In dispute. the Administrator wdl refer the issue and the record cornodcd thereon to the Wage Appeals Coard to render a decision solely on the slue of Interest (or substantial in- terest. u app ropriate). Such proceed- ing shall be conducted in accordance with the procedures set forth at 29 CFR Par: 7. :48 FR 19541. Aar. 99. 1981. 83 amended a) ;a FR 00313. Nov. 1. 19831 5.11 Ruling, and interpretations. Ali ;ues:pons relating to the 0229 :ca - t:0n and interpretation of wage deter. —• ^a ;:Ors , :nc.ldir.g :1e classiflca• :ions 91ere'1= issued pursuant to Pirt of tnis suomie. of the rules Con. rained i1 this par) and in Part 1 and 3. and of tine labor standards prot•i. mons of any of tic statutes listed :q 5.: snail be referreb to the Adml1:s- Irat01 for a:prcpr :ate rulmr. or ;nb:r. retat:gn. The ruhlg3 and :1te^rrta• ~:0).s x11❑ be ]uthar1(at:ve Inc lnosr under the- Da:s•Bacnn Act may Oe •o1ied upon ti provided for in scce.or. 10 of :he Por :at -to- Portal Ac: of (947 i29 C.S.C. :59t. Requests for such ru)• 1gs and 1151t9092110110 should Or ac- dr es.,ed to the Adnun strat0r, Wage and Hour Division. Employment Standards Administration. C.S. De- partment of Labor. Washington. D.C. 20210. 9 5.14 Variations. tolerances and exemp- tions from Parrs 1 and 3 of this subtitle and this pan. The Secretary of Labor may make s•anatlons. tolerances. and exemptions from the regulatory requirements of this part and those of Pars 1 and 3 of this subtitle whenever the Secretary finds that such action Ls necessary and proper in the public interest or co pre - vent 1nlustice and undue hardship. Variations. tolerances. and exemptions may not be made from the statutory requirements of any of the statutes listed In 1 5.1 unless the statute specif- ically provides such authority. 9 5.15 Limitations. variation& tolerances. and exemptions under the Contract Work Heura and Safety Standards An. (a) GerteraL Upon 5111 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 exemption to and from any or ell pro- visions of that Act whenever the Sec• retard finds such action to be neces- sary and proper In the public Interest to prevent injustice. or undue hard- ship. or to avoid serioui impairment of the conduct of Government business. Any request for such action by the Secretary shall be submitted in writ. Ing. and shall set forth the reasons for which Inc request Ls made. (b) Exemptions Pursuant to section 105 of the Contract Work Hours and Safety Standards Act. Inc foslowing classes of contracts are found exempt from all provisions of that Act in order to prevent Injustice. undue hardship. or serious impairment of Government business: (1) Contras of 52.000.00 or less. (2) Purchases and contracts other than construction Contracts in the ag• eregate amount of 52.500.00 or less. In arrrvtng at the aggregate amount in- volved. there must be Included all property and ser Ices which would 2ro ;erly be grouped together in a single transaction and which would be mctuded In a single advertisement for bids if the procurement were being ef- fected by formal advertising. 0) Contract work performed in a -workplace within a foreign country or within territory under Use Jurisdiction of the Crated States other than the lollowtr.g: A State of the United States: the District of Columbia: Puerto Rico: therVJrse Islands: Outer C3::.nertal Shelf :ands defined ir. the Cuter Canttsertal Shelf la.:ds AC: 345. 67 Slat. 462): America) Samoa: Guam: Wake Island: E1ts Atoll; raafale :n Atoll, and Johr.st0r. :stand. (4) Agreements entered into by or art tehalf of the Cor. —odity Credit Cor- poration providing for the storing In or handling by co— nercial warehouses of wheat• con. oats. barley. rye. grain sorghums. soybeans. flaxseed. rice. naval stores. tobacco, peanuts. dry beans. steeds. cotton. and wool. (5) Sales of surplus power by Inc - erlessee Valley Authority to States. counties. municipalities. cooperative organization of citizens or fanners. con 0)1290rs and ocher individuals pursuant to section LO of the Tennes- see Valley Autho t :y 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 rray be computed 25 an hourly equiva- lent to the race on which time -and- one -hall overtime compensation may be computed and paid under section 7 of the Pair Labor Standards Act of 1938. u amended (29 U.S.C. 207). 23 Interpreted In Part 778 of this title. This tolerance U found to be necessary and proper in the public interest in order to prevent undue hardship. (2) Concerning the tolerance proved- • ed In paragraph (0)(1) of this section. the provisions of section 7(d)(2) of the Fair Labor Standards Act and 1 778.7 of this title should be noted. Under these provisions. payments for oats• sional periods when no work is per, formed due to vacations. and similar causes are excludable from the "regu• tar rite" under the Pair Labor Stand- ards Act. Such payments. therefore. are also excludable from the "basic rate" under the Contract Work Hours and Safety Standards Act- (31 See 1 5.8(c) prodding a tolerance subdelegating authority to the heads of agencies to make appropriate ad• . 1 in the assessment of llqut• dated damages totaling 0500 or less under specified circumstances. (4X1) Time spent in an organized program of related. supplemental in- struction by laborers or mechanics em- ployed under bona fide apprenticeship or tralnint programs may be excluded from working time If the criteria pre- scribed in paragraphs (0)( 4)(1i) and (tai) of this section are met- till The apprentice or [mime comes wftnin the definition contained in 5.2tn). fill) The time in Question does not involve productive work or 92910)m• ar.ce of the apprentices Or trainee 5 regular duties. id) Vartatfoamfl) In the event of failure or refusal of the contractor or any su0C0nlraCtor t0 cor:1Y with overtime par requirements of the Con- tract Work Hours and Safety Stand• arts Act. if Inc tunas withheld by Fed- eral agencies for the viotauon3 are not 5217)epent to pay fuilY both tic un0ave 4 5.l5 (d)(I) waxes due laborca and r..echanles and tic l.cuidated damages due the United States. the available funds shalt be Jsec first to compensate the laborers arc mechanics for the wages to which ..`.c; arc entitled Or an equitable dor• Lion thereof when the funds are not adequate for this purpose): and the bala:.ce. if any. shall be used for the payment of liquidated damages. (2) In the performance of any con- tract entered into pursuant to the pro- 'tutors of 36 G.S.C. 620 to provide nurtr.g home care of veterans. no eon. tractor or subcontractor under such cont.-ct shall be deemed In violation of section 102 of the Contract Work Hours and Safety Standards Act by virtue of failure to pay the overtime wages. required by such section for wort in excess of 40 hours the work. - week to any individual employed by an establishment which is an Institut:on primarUy engaged In the care of the sick. the aged. or the mentally 111 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 period of 14 consecutive days Ls accepted In lieu of the workweek of 7 consecutive days for the purpose of overtime eon- pensation and if such Individual re- ceives compensation for employment In excess of 8 hours to any wortdaY and Ln excess of 80 hours In such 14. day period at a rate not less than 11/2 times the regular rate at which the in- dividual Ls employed. computed In ac- cordance with the requirements 01 the Fair Labor Standards Act of 1938. as amended. (3) Any contractor Or subcontractor performing on 1 government contract the pr.nc1Pal purpose Of which is the furnishing of (ire fighting or suppres- sion and related servtces. shall not be deemed to pe in violation of Section 102 of the Contract Wort Hour and Safety Standards Alt for falling to pay the Overtime compensation required by seo-tton 102 of the Act in accordance with the baste rate of Pay u defined In paragraph (c)(1) of MIS seeti0n. CC any PUbc or copilot of a fixed-sting or rotary -wing aircraft employed on such contract If: (i) Pursuant to a written em0101- meat agreement between the centric. :or and the employee which Is arrived at before performance of the work. (A) The employee receives gross wages of not less than 5300 per week regardless of the total number of hours worked in any workweek. and (3) Within any workweek the total wages which an eiployee receives are not less than the wages to which the employee would have been entitled in that workweek if the em011yee were paid the minimum hourly wage re. qu:rec under the contract pursuant to the =visions of the Service Contract Act of 1965 and any applicable wage determination issued thereunder for all hours worked. plus an additional prerr.:u.^1 payment of one -half tunes such minimum hourly wage for all hours •a•orxe0 tr excess of 40 hours In 3100 workweek: (11) The cor.zract0r maintains acCu• rate record: of the total gaily and weekly hours of work performed by such employee on the government contract. 1r. the event these conditions for the exemption are not met. the re- quirements of section 102 of the Con- tract Wort Hours and Safety Stand- ards Act shall be applicable to the con. • tract from the date the contractor or subcontractor falls t0 Sat1S11 the con- ditions ur.t:1 completion of tee con. tract. (The recOr requirements contained m pS11agrapn (0321 of tnia section acre ap• proved by the Cfflce of Management and Budget under 0M8 control numbers 12:5 - 0140 and 12:3 - 0017 and paragraph (d)(3)(li) under 1215-0017.) (48 FR 19541. Apr. 29. 1083. as amended at 51 FR 12265. Aor. 9.1980/ 9 5.16 Training plans ■pproved or recog- nised by the Department of Libor prior to August 20. 1975. (a) Notwithstanding the provisions of { 5.5(a)(4)(U) relating to the utlllu• tion of trainees on Federal and Feder• ally assisted construction. no contrac- tor shall be required to obtain approv- al of a training program which. prior to August 20. 1975. was approved by the Department of Libor for purposes of the Davis -Bacon and Related Acts. was established by agreement of orga- nized labor .and management and therefore recognized by the Depart• ment. and /or was recognized by the Department under Executive Order 11246. as amended. A copy Of the Pro- gram and evidence of its prior approv- al. if applicable shall be submitted to the Employment and Training Admin. LstratIOn. which shall certify such prior approval or recognition of the program. In every Other respect. the provisions Of 15.51a1(4)(I1)- 4ncluding those relating to registration of train- ee. permissible ratios. and wage rates to be paid -shall apply t0 these pro - grama (b) Every trainee employed on a eon• tract executed on and after August 20. 1975. la 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 specified In the program for the level of progress. Any such em• ployee listed on the payroll at a train- ee race who Is not registered and par. 010102ttng in a program certified by ETA pursuant to this section. or }p• proved and certified by £1A pursuant to f 5.5(a)4)(I1). must be paid the wage rate determined by the Secretary of Labor for the classification of work actually performed. The ratio of train- ees to journeymen shall not be greater than permitted by the terms of the program. (01 In the event a program which was recognized or aanreved prior to A.ieust 20. 1975.71s miiddien rrsiscd. extended. or renewed. .L•r •' ^n:. :c - .0 310gram Or (•..3 renewal .... ;roved b. :ne Er:clov :nee_ an : T ing Admmistrai.:or, oelore trio- ^a:. c- placee Into e 5 5.17 R'ithdra'al of appru'al of .ruin • ing program. 1f at any time tne Employment a -_ Training Ad-•nlmstrat:or, del: rm :ncs. after opportur.s:y for a hearing. trot the standards of any program- wheth- er It Ls one recogr.:xed or approved ;nor 00 August 20. 1975. or a program subsequently approved. hate not been complied with. or that such a prngf =1• fails to protnde a 061031e te1•••^0 fur participants. a contractor w'112 no longer be petr..ttted to utilize trainees at less than the predetermined rate for the classification of work actually performed until an accep:anle pro- gram is approved. Subpart B Inf•rpretaticn of the Fines Benefits Provisions of the Davis -flacon Act 5ecae= 29 FR 13485. Sept. 30. 1964. unless otherwise noted. !' 420 Scope and significance or thin sub. part The 1964 amendments (P-lb. 1_ 88- 349) to the Davu•Bacon Act require. among other things. that. the prevail- ing wage determined for Federal and federallyassisted construction include: (a) The basic hourly rate of Par. and (hi the amount contributed by the contractor or subcontractor for certain fringe benefits (or the cost to therm of such benefits). The purpose of enls subpart is to explain the provisions of these amendments. This subpart makes available in one plate official interpretations of the fringe benefits Provisions of the Davis- Bacor. Act. These Interpretations will guide the Department of labor in carrying Otis Its responsibilities under these provi• 5ions. These interpretations are In- tended also for the guidance of eon - tractors. their aSSOClatlana. Ia.orers and mechanics and their organiza- tions. and local. State and Federal agencies. who may be concerned wan these provisions of the law. The inter - Piet010ns Contained i^. this subpart are authoritative and may be relied upon as provided for in section 10 of the Portal•teePora1 Act of 1947 (29 G.S.C. 359). The omission to discuss a Particular problem In this subpart or in interpretatiors supplementing it should not be Laken to indicate the adoption of any position 03 the Seore- tary of Labor with respect to such: Problem or to Constitute an adminis- trative intersretat :on. eruct:Ct. or en- forcement policy. Que3tior.s on mat - ten not fully covered by this su09111 may be referred to the Ser-etary for 1r.te peetl1ICr as provided it 11.21 IRrvr. eel 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 § 5.22 Effect of Lite I1a.t••n. run !Hoer benefit. peittis1u0.. The `JOr:S•BaCOn Ac: ant. he pre. u . • ,... '1'1ce provIS10115 of 1 rei?tet' : iced :n 1 1.1 of :s.. subtitle cur - :er ucor. the Secretary of .scar '.he authority to predetermine. as mih. mum wages. those wage rates found to be prevailing for correspond:-, classes of laborers and mechanics em- ployed on projects of a character 51m1• lair to the contract work In the area in which the work is 10 be performed. See paragraphs (a) and (51 of 11.2 of tit:; subtitle. The fringe berefits ar..endmcnts enlarge the scope of this authority by including 5erealn bona fide frlhgc benefits a•••■the mean- ing of the terms "wages'. "scale of wages -- ':wage rates minimum wages'= and_prevaillrf •wa4es ", as used in :ne Davis -Bacon Act. 4 1.:3 Toe statutory prnrieum.- The (rtnge benefits provisions of the 1964 amendments ca the Davis -Bacon Act are. 151 part 2.3 follows: 'a) As used in tens Act the term "rages ". 'scale of wages', - - wage rtes'. ' mint :num wages - . and - p evuhnt wages' shall in- chide- 111 The baste hourly rate of par.. and 121 The amount af— «A1 The rate of contrtbutlon irrevocably made by a contractor or sunContradOr L9 a truster er co a third person pursuant to a fund. plan. or program: and 181 The rate of =au to the contractor or suoeantracter wnlUh may he reasonably an. Um/paced in pravtnint benefits to laborers and mechanics pursuant to an enforceable commitment to cerry out a financially re- sponsible plan or program wench was cam• in rllatea in w99ttng t0 the laborers and mechanics affected. :pr medics: or hospital are. pe-9slom on re• tirement or Orate. compensation for inju- res or illness resulttnt from occupational activity. or irsurance to monde any of the foregoing. for =conferment benefits. 1111 ■naunnce. dtsaSUIty and nezrless uuuranee. or accident insurance. for vacation and hall- day bay, for defraying costa of apprentice• Ono or other similar programa or for other bona fide 5:1901 benefits. but only where the contractor or 'abah:me -or 11 not re- attired by other Federal. State. or local law to provide ar.y of seen benefits • • •. 4 5.25 The baste hourly nu of par. "The basic hours? rate of pay" Is r. that pa of 2. laborer's or mechanic's w which the Secretary of IabOr would have found and included to wage dete. ^taations pr.or to the 1964 amendments. The Secretary of Labor is required to continue to make a seha- race finding of this portion at the wage. In general. this portion of the wage i5 the cash Payment :made di ec :• I :o the laborer or mechanic. it daces not tneiude fringe benefits. 15:25 (fate of contribution or cost Inc fnnee benefits. g Under the amen0menu. the See• retarc is as 543.10d to 51:14:1 a separate finding of the rave of cc: :trio:v..0h or of (rings benefi:a. Only :he amount Of contributions or 10511 for fringe ber..e(its which meet the re• cu :cements of the act will be consid- ered by the Secretary. These recutre• menu are discussed in this subpart. Ib) The race of contribution or cost is ordinarily an hourly race. and will se reflected in the wage determination as such. In some cases. however. the cor.cributlOn or cost far 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 ccnc110011on or cost tiled in the formu- la or method or may convert it to an hourly race of pay whenever he finds that such salon would facilitate the administration of the Act See 1 5.5(2.)(1)(1) and (11D. 9 516 • • contribution irrevocably made • • • to a trustee or to • third person'. Under the fringe benefits provisions (section 1(0)(2) Of the Act) the amount of contributions for fringe benefits mtut be made t0 a trustee or to • third Person Irrevocably. The "third person" must be one who Ls not affiliated with the contractor or subcontractor. The trustee must assume the usual fldud- ary responsibilities Imposed upon trustees by applicable law. The trust or fund must be set up in such a way that in no event will the contractor or subcontractor be able to recapture any of the contributions paid to 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 trade. 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 plat_ as where such excess pay- ments result from error or from the necessity of making 51Ymehts to cover the estimated cost of contributions at a time when the exact amount of the necessary contributions under the plan Is not yet ascertained For exam• pie. a benefit plan may provide for definite insurance benefits for employ- ees In the event of the hariPenlnz of a nietdfied continency such as death. sickness accident. etc.. and may pro- vide that the cost of such definite ben- efits. either in full or 1117 balance (n excess Of specified employee contribu- tions. will be borne by the contractor or subcontractor. In such a ease the return by the insurance company 10 cne contractor or subcontractor of sums 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. will not 0e deemed a recapture or diversion by the employer of contributions made pursuant to the plan. 1511 Report of :- ^-e Senate Committee on Labor and bar tt'e!fare. 5. Rep. `o. 963, 88 551 Conc.. 21 Sess.. p. 5.1 • fund. plan. or prurrom'. I :0 cur. :ribu:0:S for (r:nee her.ef: :s Must be made pursuant to a fund. ;tan or program (sec. l(bl(21A1 of the lc:). The phrase "fund. plan. or program" is merely Intended to recognize the carious types of arrangernents com- marly used to provide fringe benefits through employer contributions. The phrase is identical with lan4.1540 con. tamed in section 311) of the Welfare and Persian Plans Disclosure Ac:. In interpreting this phrase. the Secretary wtn be guided by the experience of the Department in adminute- ^.. ^.g the latter statute. (See Report of Senate Committee on Labor and Public Wel- fare. S. Rep. No: 963. 88th Cong.. 2d Sess.. p. 5.) -- 93.29 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(6)125(2) of the tit). The legisla- tive history suggests that these provi- sions were intended to permit the con- sideration 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. H. Rep. No. 308. 88th Cong.. 1st Sess.. p. 4.) tb) No type of fringe benefit is eligi• Ole for consideration as a so-called tin. funded plan unless: (1) It could be reasonably antiCipat• ed to pro1ide benefits described in the WC. (2) It represents a comrenunenc that can be legally enforced: (3) It is carried Out under a firan• daily 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 5. Rep. NO. 963. p. 6.) 1c) It 13 in this manner that the act provides for the consideration of 551. funded plans or programs in finding prevailing wages and in ascertaining compliance with the Ac_ At the same time. however, there is protection against the use of this provision as a means of avoiding the 2.:a require- ments. The words "reasonably =act- paced are intended to require any unfunded plan or program be able to withstand a test which can perhaps be best described as one of actuarial soundness. Moreover. as to the case of ocher fringe benefits payable under the act. an unfunded plan or program must be - 'bona fide" and not a mere slInulallOh: or sham. for avoiding ham- :lance aim the art. (see S. ReP !'(n. 1 1 3. p. 6.) The legislative history sug• Bests that In order to Insure against e possibility that these provisions tight be used to avoid compliance ith the act. the committee contem- plates that the Secretary of Labor In carrying out his responsibilities under I eorganization Plan No. 14 of 1950. ay direct a contractor or subcontrac- or to set aside Ln an account assets which. under sound actuarial prncl• I es. will be sufficient to meet the cure obligation under the plan. The eservation of this account for the purpose intended would. of course. 1 1 o be essential. (S. Rep. No. 963. p. This Is Implemented by the con - ctual provisions required by 1 5.5(a)(1)1lv). 11 Sp '9 ecific fringe benefits. a) The act lists all types of fringe ,eneflts which the Congress consid- I d to be common in the construction ustry as a whole. These Include the owing: medical or hospital care. lenslons on retirement or death. com- nution for injuries or illness result- from occupational activity. or in- ce to provide any of the forego rig. unemployment benefits. life Insur- nee. disability and sickness insurance. • I accident insurance. vacation and 11day pay. defrayment of costs 'of prenticeship or other simil Tr ar pro as. or other bona fide fringe bene- but only where the contractor or bcontractar is not required by other deral. State. or local law to provide sty of such benefits. 1- b) The legislative history indicates at ft was not the Intent of the Con. to Impose specific standards re- sting to administration of fringe ben- fits. It was assumed that the majority fringe benefits arrangements of this ture will be those which are adtaln- red In accordance with require- 1 1 1 1 froen.rs —. Punters — E� aa+mrs. .. 31 Meeting rage determination obliga- tion.. a) A contractor or subcontractor .erforniing work subject to a Davis - tacon wage determination may dts- arge his minimum wage obligations :nents of section 302(c)(5) of the Na• tional Labor Relations Act, as amend- ed (5. Rep. No. 963. P. 5). (c) The term "other bona fide fringe benefits" is the so•called "open er..d" provision. This was included so that new fringe benefits may be recognized by the Secretary as they become pre- vailing. It was pointed 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. RCP. No. 983, p. 8). (d) The legislative reports •Indicate that, to insure against considering and giving credit to any and all fringe ben- efits. some of which might be Illusory or not genuine. the qualification was Included that such fringe benefits must be 'bona fide" (38. Rep. No. 308. P. 4: 5. Rep. No. 963. p. 6). No difficul- 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 plans without requesting the approval of the Secretary of Labor under 1 5 (e) Where the plan Is not of the con- ventional type described in the preced- ing paragraph. It will be necessary for the Secretary to examine the facts and circumstances to ' determine whether they are - bona fide" !n ac- cordance with requirements of the act. This Is particularly true with respect to unfunded plans. Contractors or sub- contractors seeking credit under the act for costs incurred for such plans must request specific permission from the Secretary under 1 8.5(ax1)(1v). saes n F..q, errve orero n FIY1n1 *0 wave *am veamne Cv+we Popun I I sa.r5 L.. .00 S01S' 3.90 1 15 1 30. ' A so 1. .es1 10 ate 1s; . .. soci . so 10 i ._.. ...._.. is I.. ( w.a a r.a1.a m1 hr...t a not +ountia et ✓• m. ..en form .r.:, dtrn,r..m,• .e eau... .11121101, 9 ) costs for - bona 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. lb) A contractor or subcontractor may discharge his obligations for the (1) The act excludes ,ringe benefits which a contractor or subcontractor is obligated to provide under other Fed- eral. State. or local law. No credit may be taken under the ac: 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 sit• uatlon must be separately considered on its own merits. 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 floe fringe benefits under the Act. A 5.30 Types of wage determinations. (a) When fringe benefits are prevail- ing for various classes of laborers and mechanics In the area of proposed con- struction. such benefits are Includable in any Davis -Bacon wage determina- tion. Illustrations, contained In para- graph IC) of this section. demonstrate some of the different types of wage de- terminations which may be made In such cases. (b) 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 determina, tlon will contain only the basic hourly rates of pay. that Is only the cash wages which are prevailing for the var- lous classes of laborers and mechanics. An illustration of this situation is con- tained In paragraph (0) of this section. (c) fllustratlona: contained In a wage determination ap- plicable to his laborers or mechanics m the follo'w.ng 'ways: (1) By paying not less than the basic hourly rate to the laborers or mechan- ics and by making the contributions for the fringe benefits in the wage de_ 1 1 1 .,t partgr ash ic: of t 5.30. the ooltga. tans for 'pain :rrs" will be met by the payment of a straight time hourly rate .“' not les. than 53.90 and by contrib- uting not less than at the rate of 15 cer. :s an hour for health and welfare bencfi_s. 10 cents an hour for pen.- sons. and 20 cents an hour for vaca• ' t:crs: or '2) By paying not less than the basic hourly rate to the laborers or mechan• ics and by making contributions for I "bona fide" fringe benefits in a total aount not less than the total of Lhe fringe benefits required by the wage determination. For example. the obli- t gations for painters" in the illust :a- Lion in paragraph (c) of 15.30 will be met by the payment of a straight ,. —e hourly-rate of not less than 53.90 and by' CPntrittltions of not less than a Local of 45 cents an hour for "bona fide" fringe benefits: or (31 By paying in cash directly to la. borers or mechanics for the basic t hourly rate and by making an addi• tional cash payment in lieu of the re- quired benefits. For example. where an employer does not make payments or incur costs for fringe benrrits, he k c ould meet his obligations for °paint• rs'• In the Illustration (n paragraph ) of ) 5.30. by paying directly to the painters a straight time hourly rate of � r of less than 54.35 (53.90 basic hourly te plus 45 cents for fringe benefits): (4) A.: stated In paragraph (a) of this ection. the contractor or subcon:rac• or may discharge hits minimum wage bligatloru for the payment of straight time wages and fringe bene- fits by a combination of the methods lustrated in paragraphs (6011 thru ) of this section. Thus. for example, s obligations for "painters" may be met by an hourly rate. partly in cash I d partly In payments or costs for r,06 benefits w total not less .an 34.35 (33.90 basic hourly race Plus 45 cents for fringe benefits). The Payments in such case may be 34.10 in h and 25 cents In payments or costs fringe benefits. Or, they may be 75 in cash and 60 cents in payments 1 1 1 1 1 or costs for fringe benefits. t30 Fit 13136. Oct. 15. 19651 02.3• Overtime payments. ray The act excludes amounts pa;d 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 Davts•Bacon Act or its related prevailing wage statutes. It is c :ear from the legislative history that in no event can the regular or basic rate 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 (I.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 stralght•time 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 exclusloria do not reduce the regular or basic rate below the basic hourly race 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 &third person pursu- ant to a f und, plan, or program was added to the bill in Committee. This language In essence conforms to the overtime provisions of section 7(0)(45 of the Fair Labor Standards Act. as amended The intent of the committee was to prevent any avoidance of over- time requirements under existing law. See H. Rep. No. 308. p. 5. The act permits a contractor or subcontractor to pay a cash equiva- lent of any (ringe 5e.n.t'fiis found pre- vailing by the Secretary of Lab Such a cash equivalent woulc also excludable in computing the regula, or basic rate under the Federal over- time law's mentioned in paragraph !al. For example. the W construction con- tractor pays his laborers or mechanics 53.50 in cash under a wage deterrt :na. Lion of the Secretary of Labor which requires a basic hourly rate 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 this case would be computed on a reg• ular or basic rate of 53.00 an hour. However, ih_some cases a question of fact PlaY be Presented ascertaining whether Or not a cash payment to 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 forth in paragraphs Id) (2) and (3) of this section. has ) The so a time been paying contractor for 53.25 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 hour and a fringe benefit or nt butl 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 33 rate determined as prevailing by the Secretary of Labor. (3) Linder the same prevailing wage detertnlnatlon discussed In paragraph (002) of this section. the Y construc- tion contractor who has been paying 53 an hour as his basic cash wage on which he has been computing over- time compensation reduces the cash wage to 52.75 an hour but computes his costs of benefits under section 1(b)t2((5( as 51 an hour. In this exam• pie the regular or basic hourly rate would continue to be 33 an hour. See S. Rep. No. 963. P. 7. • 1 1 The Honorable Dorothy Duckett ' -- Mayor, City .j- '�. R.�r' -, f : ,'lice b_" 100 Cedar Par4::, TX 72G12 1 1 1 1 1 1 1 1 . R chards NOR Flores E DIRECTOR SAMPLE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS N ,16 L. 12 -13 -93 Pe: TCDP Contract N:.. Dear Mayor Duckett: BOARD MEMBERS Paul R. Rodrguez Cha+rman Harvey Clemons Jr Elizabeth Fiore Richard C. H le TEXAS COMMUNITY DEVELOPMENT PROGRAM JoseonKemo ISSUANCE OF PREVAILING GENERAL WAGE DECISION W Jutlan McOcnald Ocnaid Mary Sanger Susan Shanot allowing has /have been determined to be the prevailing Oen al !lags _sion(s) that i =_ /are applicable to _ project. G,., Wane D. ::si:'n N:. (s) Publication Date TX 930041 MOD.0 Issued by: F _ir. M. To rre = Labor Standard Specialist Linda Dame DL R -3 Z 2 -19 -93 1 1 can be any assigtance, pleaEe feel free to 512/475-3S42 ' 1 The fallowir.: cla= sification(=_: are not on Deci =_ion; therefoTe, a RequeEt for Additional Cla _i --_.-i n(s :. _ r= ,.=_) Attachment 7-C) muet he subflitted after the contract award date for construction with groper _r. =:r i_r. :•il :.wing:Any classification not on the General Wage Decision. COUNTY(ies): BELL HILL MILLS BOSQUE LAMPASAS NAVARRO CORYELL LEON ROBERTSON FALLS LIMESTONE WILLIAMSON FREESTONE MCLENNAN HAMILTON MILAM CARPENTERS SUTX5006A 02/09/1990 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 1 1 1 1 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 County(ies): BELL HILL MILLS BOSQUE LAMPASAS NAVARRO CORYELL LEON ROBERTSON. FALLS LIMESTONE WILLIAMSON _ FRFESTONE MCLENNAN HAMILTON MILAM WATER & SEWAGE TREATMENT PLANTS AND LIFT PUMP STATIONS Modification Number Publication Date 0 02/19/1993 8 -34- EEX3IBIT C 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 Outline of Discussion I. Start with structure of the project including discussion of use of federal funds. II. Generally discuss: A. Davis -Bacon (have copy of wage rates available). Refer to Part 5 of Labor Standards Provisions B. Copeland Act (governs deductions from paychecks). Refer to Title 29 -Labor C. Contract Work Hours Safety Act (allows for time and a half for OT). Refer to Part 5 of Labor Standards Provisions D. Fair Labor Standards Act (minimum wage). Refer to Fair Labor Standards Provisions III. Davis -Bacon 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, C-1 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 workee 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. Dual classification of an employee is permitted, provided a verification of that dual classification, signed by the worker, is submitted. I. 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. K. 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. 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-6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 Locality: Signed EXHIBIT D REQUEST FOR ADDITIONAL CLASSIFICATION AND RATE (Submit WITH documentation described in 2(c) below) TCDP Contract No.: Construction Location: Construction Contractor: Construction contract is to: Decision No.: (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: Dated: CLASSIFICATION(S1 :LIST1 BASIC HOURLY RATE(S) FRINGE BENEFITS 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 : - - Statements by the workmen verifying the classification — ' and rate. AND ii• Statement by (NOTE: contractor concerning classification must agree OR iii. Three statements by local contractors stating the classification and rates. 7 -73 D -I Date: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 e 1 NOTICE OF START OF CONSTRUCTION NOTE: SUBHIT THIS FORM WITHIN TEN (10) DAYS AFTER THE START OF CONSTRUCTION. TCDP Contract No. Locality Project Name Location Brief Project Description Applicable Wage Decision(s) Decision Dates) Bid Opening Date: Date of Contract Award: Contract Amount Contractor(s) Date(s) Cleared P rim e : Sub: Sub: Sub: EXHIBIT E Date of Preconstruction Conference: Date of Start of Construction: Submitted by: (Signature) Name Title Address city State Zip Phone No. C_ � 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. -I. The Contractor shall not enter into any Subcontract with any person or firm debarred — from Government 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. SAMPLE CONTRACTORS 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. B. To attempt to recruit from within the city the necessary number o f to foer income project si d an through: local advertising media, signs placed at the proposed community organizations and public or private institutions operating within and servicing ort i e - project area such as Service Employment and Redevelopment (S - ER), Industrialization Center (OIC) S Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment 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 goals. 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. H. To maintain records, including copies of correspondence, memoranda, etc„ which document that all of the above affirmative action steps have been taken. 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 conceming 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 d and to p date these projections based on the extent to which hiring meets these Local Opportunity 1 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 Presidio 29th at 5:00 p.m. at the P grant. The public hearing will be held on Wednesday, January will be p.m. discuss te County Courthouse (See attached notice). The topic of the meeting an c us s t es all its county's application on behalf of Agro Power Development. Presidio County citizens to participate in the public review process. Enclosure -3 Sincerely, Jake Brisbin County Judge TO : MONA RYAN DATE: 10/18/2000 NO PAGE(W /Covet sheet) 6 DEFT /AGENCY: CITY OF ROUND ROCK TEXAS FxoM: STACEY MIMS , LABOR RELATIONS SPECIALIST LOCATION: ROUND ROCK TEXAS OFFICE LABOR RELATIONS FaxNo.: (512)218 -7097 TEL. No.: (512)218 -5416 FaxNo.: (817) 978 -5565 T LE.: No.: (817) 978-5623 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SoaJEcr: SIDEWALKS CONSTRUCTED ALONG MANDELL, BELLVIEW, AND NASH STREETS 2037 SQUARE FEET LINEAR FEET PROJECT #: TO BE DETERMINED PROJECT LOCATION: ROUND ROCK(WILLIAMSON CO), TEXAS MESSAGE: ENCLOSED IS A COPY OF WAGE DECISION NUMBER TX000043, OF THE SECRETARY OF LABOR, DATED 2- 11 -00. THIS DECISION MUST BE MADE A PART OF THE CONSTRUCTION CONTRACT FOR THE SUBJECT PROJECT(s). IF YOU HAVE ANY QUESTIONS OR NEED FURTHER ASSISTANCE, PLEASE CONTACT ME AT THE NUMBER ABOVE. ATTACHED CC: 6ASL OFFICE FILE OCT - 18 - 2000 14:37 U.S Department of flossing and Urban Development Office of Labor Relations Texas State Office, Southwest 801 N. Cherry Street Post Office Box 2905 Fort Worth, Texas 76113-2905 FAX 8179786022 97% P.01 General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN 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, NcLENNAN AND WILLIAMSON COUNTIES. Modification Number publication Data 0 02/11/2000 Wage Decision Number: TX000043 Page 1 of 5 0CT -18 - 2000 14:37 8179786022 97% P.02 COUNTY(ies): BELL CORYELL TRAVIS BRIAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 03/26/1998 Rates AIR TOOL OPERATOR 8.08 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 HATCHING PLANT WEIGHER 11.00 CARPENTER 10.80 CONCRETE FINISHER- PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 ELECTRICIAN 16.25 FLAGGER - 6.86 FORM BUILDER- STRUCTURES 8.77 FORM LINER - PAVING E CURB 8.00 FORM SETTER - PAVING A CURB 8.68 FORM SETTER - 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, SACKHOE, DERRICK, DRAGLINE, SHOVEL 10.12 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 15.00 FRONT END LOADER HOIST - DOUBLE DRUM E LESS Wage Decision Number: TX000043 Page 2 of 5 OCT -18 -2000 14:37 8.86 10.81 Fringes 8179786022 97% P.03 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 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 CFA ?5.5(a be: Page 3 of 5 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter Betting forth a position on a wage determination matter • a conformance (additional classification and rate) Wage Decision Number: TX000043 OCT-18-2000 14:38 8179786022 974 P.04 Page 4 of 5 ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.0 and 29 CFR Part 7). Write to: Wage Decision Number: TX000043 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 requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party nay 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 OCT -18 -2000 14:38 8179786022 97% P.05